HomeMy WebLinkAboutMins 07/06/98 - 09/19/99NOTICE
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
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 6, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 6,
1998, 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, Re~_ular Meetin_~s. 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., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: 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.
STATE HIGHWAYS: William F. Clark, Director of Public Works, advised that
the purpose of the meeting is to conduct a briefing on proposed 1-73. He called upon
Fred C. Altizer, District Administrator, Virginia Department of Transportation.
Mr. Altizer introduced the 1-73 study team, and discussed the process of the
Virginia Department of Transportation (VDOT) in reviewing the entire corridor
between 1-81 on the northern segment and the North Carolina line. He introduced
Patsy Napier, representing the Location and Design Division of VDOT in Richmond,
who addressed the process to date, and advised that in January a series of
informational meetings were held at three locations throughout the corridor in
Roanoke, Rocky Mount, and Collinsville. She noted that the study team gathered
public input and compiled approximately 300 alternative lines, which were narrowed
down to a combination of all of the lines on a map which was on display in the
Council Chamber; and another series of information meetings were held in May 1998
to explain the status of the project and to provide another opportunity for input
regarding the lines and alternatives that are proposed to be included in the
environmental document and the location study. She called attention to meetings
that were recently held in Botetourt County and the City of Salem, and advised that
public participation is critical due to strong feelings about the proposed lines and
it is important for citizens to understand how VDOT reached its conclusions,
therefore, VDOT is making every effort to insure that all persons understand the
study process. She advised that during the latter part of July, study team members
will be in the field performing technical environmental work which is required for the
environmental document, and when VDOT officials return to Roanoke in
approximately one year for the location public hearing, all necessary information will
be available to make an informed and intelligent decision on the alternative that City
Council believes will be in the best interest of the citizens of the City of Roanoke.
Susan Killen, Project Manager, advised that the consultant team is a part of
the location study team and works in partnership with VDOT. She explained the
process and reviewed the National Environmental Policy Act (NEPA) which was
signed into law on January 1, 1970, and is the mid point to a long process of
constructing 1-73. She advised that public input is crucial in order to make a good
decision for the region because 1-73 will be a huge investment, many choices should
be offered to the region in terms of decision making, and if the roadway moves
forward, final design and construction will begin; therefor, at this point, barriers are
being broken so that the project can move forward. She explained that NEPA
consists of various stages, the first of which is a review of purpose and needs for
1-73, reviewing concepts of the interstate system, economic development, and local
and national needs, etc., inasmuch as 1-73 will begin around Myrtle Beach, South
Carolina and extend to Detroit, Michigan. She referred to a handout which illustrated
numerous road choices and advised that the study team divided those choices into
segments as indicated on a handout, and for each segment, a record was
documented as to the reasons for removal of that segment. She stated that Council
and the public are requested to provide input before the study team moves into the
technical analysis portion of the study and because 1-73 is an important regional
decision, VDOT would like to insure that the City has the benefit of all public
comments. She advised that all technical studies will be completed in late Fall or
early Winter which will provide sufficient time to assemble the environmental impact
statement which the Federal Highway Administration, as the lead agency, must
approve. She noted that small workshops will be held, and information will be
disseminated so that interested persons will have the necessary information prior
to the public hearings; and following the public hearings, the study team will
respond to all public comments received during the draft Environmental Impact
Study review, issue a final environmental impact statement, followed by a record of
decision which will be issued by the Federal Highway Administration.
Mr. Altizer advised that the Virginia Commonwealth Transportation Board will
program 1-73 as a Federal aid road which will require a record of decision to back up
the draft environmental document. He further advised that at a public hearing to be
held in the Spring of 1999, the Commonwealth Transportation Board would like to
know the thoughts of the community and Council regarding the favored alternative,
I I I I IMI~
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and the Commonwealth Transportation Board will most likely take action some time
in late Summer of 1999, followed by final document and approval in approximately
10 - 12 months.
The Assistant City Manager advised that the City has and will continue to
monitor the 1-73 process through the City's Traffic Engineer and the Director of
Public Works. He explained that the City does not know what is the best route at
this point; however, at some time in the future Council will be asked by VDOT to vote
on the matter; therefor, Council can expect a staff report detailing the advantages
and disadvantages of each alternative. He advised that City staff will make a
recommendation to Council in sufficient time to notify VDOT of the City's preferred
route by approximately early Summer of 1999.
It was suggested that there be another briefing on 1-73 at a 2:00 p.m., session
of Council within the next six months which would be televised on RVTV Channel 3,
and that the City Manager consider including a program on the City Manager's
Report on RVTV Channel 3.
There being no further business, the Mayor declared the meeting in recess at
1:20 p.m., to be reconvened in the City Council Chamber at 2:00 p.m., on that date,
at which time the Organizational Meeting of Council will be held.
On Monday, July 6, 1998, at 2:00 p.m., the Council of the City of Roanoke held
its Organizational Meeting in the Roanoke City Council Chamber, fourth floor,
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A.
Bowers presiding, pursuant to Section 10, Meetings of Council, of the Charter of the
City of Roanoke at which time the newly elected Members of the Council will
officially take their seats.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: 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
COUNCIL: The Mayor advised that the purpose of the
Organizational Meeting was for the newly elected Members of Council
to officially take their seats; whereupon, he referred to a report of the
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ACTION:
ACTION:
City Clerk advising of the qualification of the Honorable C. Nelson
Harris, W. Alvin Hudson, Jr., and William White, Sr., as Members of the
Roanoke City Council, for terms of four years, each, commencing
July 1, 1998, and ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
of qualification would be received and filed.
COUNCIL: Mr. Trout offered the following resolution recognizing
the Honorable C. Nelson Harris to be a Member of the City Council and
Vice-Mayor of the City of Roanoke for a term commencing July 1, 1998
and continuing for a period of two years and until his successor has
been elected and qualified:
(#33894-070698) A RESOLUTION recognizing the HONORABLE
C. NELSON HARRIS to be a member of the City Council and Vice-Mayor
of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 61, page 7.)
Mr. Trout moved the adoption of Resolution No. 33894-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... O.
COUNCIL-ACTS OF ACKNOWLEDGEMENT: Mr. White offered the
following resolution recognizing and commending the Honorable
Linda F. Wyatt for her service as Vice-Mayor of the City of Roanoke
from July 1, 1996 through June 30, 1998:
(#33895-070698) A RESOLUTION recognizing the services of the
HONORABLE LINDA F. WYATT as Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 61, page 8.)
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ACTION:
Mr. White moved the adoption of Resolution No. 33895-070698.
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 abstained from voting.)
COUNCIL: The City Attorney submitted a written report advising
that new Section 15.2-1416, Code of Virginia (1950), as amended, a part
of the recodification of Title 15.1 which has been effective since
December 1, 1997, requires each governing body of a city or town to
hold an annual or organizational meeting in conjunction with the first
regular meeting in the month of July of each year; and at such meeting,
Section 15.2-1416 requires that Council establish a schedule of days,
times and places of regular meetings to be held during the ensuing
months; whereupon, the City Attorney transmitted a resolution which
makes no change in Council's regular meeting schedule, and by
adoption of the measure, Council will comply with new Section 15.2-
1416.
Mr. Dibling explained that new Section 15.2-1416 imposes some
new procedures that must be adhered to by Council when the place or
date or time of a meeting is changed; and if the place or date or time of
a regularly scheduled meeting is changed, Council will be required to
adopt a measure establishing the new meeting place, date or time; and
in addition, a copy of the measure must be posted adjacent to the
doors of the Council Chamber and inserted in a newspaper having
general circulation in the City at least seven days prior to the date of
the meeting affected by a change in place, date or time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33896-070698) A RESOLUTION establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 1998, and
terminating June 30, 1999.
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ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 9.)
Mr. Trout moved the adoption of Resolution No. 33896-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from the Mayor
proposing the following committee assignments for the Members of
Council for the period July 1, 1998 through June 30, 2000, was before
the body.
(For full text, see communications under date of June 11, 1998 and
June 18, 1998.)
Vice-Mayor C, Nelson Harris:
Roanoke Civic Center Commission (Council Liaison)
Roanoke Neighborhood Partnership Steering Committee
(Council Liaison)
Audit Committee
Budget and Planning Committee
Personnel Committee
Roanoke Arts Commission (Council Liaison)
Mill Mountain Zoo, Inc (Council Liaison)
Legislative Committee
Virginia Municipal League General Laws Policy Committee
Council Member W. Alvin Hudson, Jr.:
Virginia CARES Board of Directors
Budget and Planning Committee
Water Resources Committee
Personnel Committee
Fifth Planning District Commission
Roanoke Valley Regional Cable Television Committee
Bid Committee
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Council Member Carroll E, Swain:
Roanoke Valley Area Metropolitan Planning Organization
Audit Committee
Budget and Planning Committee
Personnel Committee
War Memorial Committee
City of Roanoke Transportation Safety Commission
Mayor's Committee for People With Disabilities
Bid Committee, Chairperson
Virginia Municipal League Transportation Policy Committee
Council Member James O, Trout:
Roanoke Valley Convention and Visitors Bureau,
Board of Directors
New River Valley Commerce Park Study Committee
Budget and Planning Committee
Water Resources Committee
Roanoke Redevelopment and Housing Authority
(Council Liaison)
Mill Mountain Advisory Committee
War Memorial Committee
Economic Development Commission, Chairperson
Virginia Museum of Transportation, Board of Directors
Virginia Municipal League General Laws Policy Committee
Council Member William White, Sr.:
Audit Committee
Budget and Planning Committee
Personnel Committee
Legislative Committee, Chairperson
Council Member Linda F. Wyatt:
Metropolitan Transportation District Study Committee
Budget and Planning Committee
Water Resources Committee
Legislative Committee
Personnel Committee
Fifth Planning District Commission
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Total Action Against Poverty, Board of Directors
Economic Development Commission
Virginia Municipal League Human Development and
Education Policy Committee
ACTION:
Mr. Trout moved that Council concur in the Mayor's proposed
committee assignments for the Members of Council. The motion was
seconded by Mr. Hudson and unanimously adopted.
There being no further business, at 2:10 p.m., the Mayor declared the
Organizational Meeting adjourned.
On Monday, July 6, 1998, at 2:00 p.m., immediately following adjournment of
the Organizational Meeting, 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., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: 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 Larry
Atkin, Pastor, Edgewood Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
STATE OF THE CITY REPORTS: The Mayor presented his 1998
State of the City Address. He advised that in his sixth year as Mayor of
Roanoke, there are many things that he could point to as
accomplishments over the last year; however, there are too many to
mention, but he would be remiss if he did not commend the citizens of
Roanoke on their overwhelming 78 per cent support for the
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November 1997 $39 million bond issue. He further advised that this
approval of funding, which required no tax increase, when matched
with State and Federal grants and subsidies, will yield $82 million worth
of infrastructure improvements in schools, streets, Police Department
improvements, and economic development efforts.
The Mayor stated that his first proposal is to establish a City
committee to assist Roanoke's nationally recognized Julian Wise
Foundation To-The-Rescue Museum in developing a permanent home
in the Roanoke Valley. He stated that for the sixth year, the National
EMS Memorial Service has been held in Roanoke, and it is appropriate
that the National Memorial Service be held in Roanoke; and it is also
just as important that the National To-The-Rescue Museum honoring
the history of volunteer rescue squads, emergency medical service
providers and others find a permanent home in the Roanoke Valley
where the world effort in this cause was founded. To this end, the
Mayor requested that Vice-Mayor C. Nelson Harris and Council Member
James O. Trout, at least one member of the Fire EMS Department and
the President of the Roanoke Firefighters Association, or his designee,
serve on a committee, along with representatives of the Julian Stanley
Wise Foundation To-The-Rescue Museum, and interested citizens.
The Mayor advised that his second initiative is entitled,
"Roanoke's Promise". He explained that "America's Promise" is a not-
for-profit organization dedicated to bringing critical resources to the
children who need them and pointed out that in 1998, it is time for
Roanoke to make a promise to its at-risk young people through a
public/private partnership involving Roanoke's local government as
well as families, teachers, churches, and businesses. He added that
protecting the safety, health and success of Roanoke's children is its
most important mission; and this program, proposed to be known as
"Roanoke's Promise", is a call for action for citizens in the community
to get involved and to make a difference in a child's life. He explained
that it is the goal of "America's Promise" and "Roanoke's Promise" to
mobilize civic and political leaders, communities of faith, and active
people in the community to equip every at-risk young person with five
tools or resources that create opportunities for success, i.e.:
To be a mentor, an on-going relationship with a caring
adult as a mentor, tutor or coach.
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To protect, and to provide safe places and structured
activities during non-school hours for our children;
To nurture, a healthy start;
To prepare our children with a marketable skill through
effective education;
To serve and to teach our young people how important it
is to give back to their community through community
service.
The Mayor requested that Council Members Linda F. Wyatt and
Carroll E. Swain serve as Council's representatives to an "Roanoke's
Promise" Committee in order to get this initiative underway.
The Mayor advised that his third and final initiative is referred to
as, "Star 2000". He stated that on November 24, 1999, the Roanoke Star
will have shined over the City. for 50 years and in 18 months the nation
and the world will begin to celebrate the new millennium. He requested
that Council Members William White and W. Alvin Hudson represent
Council on a Citizens' Committee selected to promote 1999 and 2000
to celebrate Roanoke's Star and to begin a series of activities for the
new millennium, which celebration should tie in with the President's
call that "every City should find one place important to that City's
heritage, and restore it to honor the past and imagine the future."
The Mayor noted that Roanoke is known as "Virginia's Festival
City", and 1999 and the first part of the year 2000 will give all Roanoke
citizens an opportunity to celebrate this historic event in time and to
look back on the many accomplishments of our City over the last
century. He called attention to discussions with regard to a history
walk in Roanoke in conjunction with new millennium activities. He
suggested that an appropriate part of Roanoke be designated as a
history walk with plaques and other memorabilia honoring the many
people and the historic occasions that have so greatly influenced the
City of Roanoke. He requested that Council Members William White
and W. Alvin Hudson join with him as liaisons tothis project, along with
Council Member Carroll E. Swain to inaugurate a celebration that
recognizes the 50th anniversary of the Roanoke Star, commemorates
the history of the last 100 years in Roanoke, meets the President's
challenge, and celebrates the coming of a new millennium to the world.
The Mayor requested that the abovedescribed initiatives be
referred to the City Manager for implementation.
(For full text, see 1998 State of the City Address on file in the City
Clerk's Office.)
Mr. White moved that the recommendations contained in the
1998 State of the City Address by the Mayor be referred to the City
Manager for review and report to Council. The motion was seconded
by Mr. Trout and unanimously adopted.
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor
presented a plaque and crystal star to Ms. Julie Erickson, a recent
graduate of Lord Botetourt High School, winner of art competition in
connection with the Pskov, Russia Sister City Program.
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT: The Mayor
presented a proclamation designating Monday, July 6, 1998, as
Ashlea D Barrett Day, recipient of the Bronze Congressional Award.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-FIRE DEPARTMENT-ACTS OF
ACKNOWLEDGEMENT: The Mayor presented a proclamation
designating Monday, July 6, 1998, as William R. And Martina D.
Johnson Day, in recognition of their efforts to alert residents of
northwest Roanoke of a fire in their apartment building.
(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 sp~,cific attention to two requests for.Executive Session to
discuss the 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.
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ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council which were
held on Monday, April 6, 1998, and Monday, April 20, 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 Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 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)(I), 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,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUILDINGS/BUILDING DEPARTMENT-COUNCIL: A report of the
City Manager requesting that Council convene in Executive Session to
discuss a matter with regard to 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.
ACTION:
ACTION:
(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 a matter with
regard to 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 Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee
which was held on Monday, June 1, 1998, were before the body.
The Audit Committee considered the following items:
FINANCIAL AUDITS:
KPMG Peat Marwick General Audit Plan -
June 30, 1998
Jail Inmate Fund
Sheriff's Canteen Fund
FINANCIAL RELATED AUDITS:
Worker's Compensation
Library Cash Receipts
Fleet Management Briefing
Municipal Auditing 1999 Audit Plan
(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:
ACTION:
AYES: Council Members Harris, Hudson~ Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ..................................................................... 0.
DIRECTOR OF FINANCE-PENSIONS: A report of the Director of
Finance transmitting information mailed to 367 employees who elected
to remain under the retirement provisions of the Employee's Retirement
System (ERS), informing the employees of the benefit structure
provided under each retirement plan and offering a window of
opportunity to transfer to the Employees' Supplemental Retirement
System (ESRS), through August 31, 1998, was before Council.
(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 Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
SCHOOLS-PENSIONS-ROANOKE ARTS COMMISSION-
CULTURAL SERVICES COMMITTEE-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Melinda J. Payne and Ruth C. Willson as Trustees of the
Roanoke City School Board for terms of three years each,
commencing July 1, 1998, and ending June 30, 2001;
Earnest C. Wilson, Sr., as a member of the Board of
Trustees, City of Roanoke Pension Plan, for a term ending
June 30, 2000;
Eva Darcel Walters as a member of the Roanoke Arts
Commission for a term ending June 30, 2001; and
George A. Kegley as a member of the CPltural Services
Committee for a term ending June 30, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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ACTION:
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,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
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.
$2~:5,000.00 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 level; this is a new program which is one
hundred percent reimbursed by Federal funds;
$156,603.00 for the Title VI Program to provide funds for
implementation of an innovative instructional program 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 with a local match
in the amount of $45,386.00;
$1,023,769.00 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 and tuition collected from participating school
districts;
$63,423.00 for the Child Development Clinic Program to
provide funds for salary and expenses of the educational
coordinator at the clinic; this continuing program is one
hundred percent reimbursed by State funds;
$61,024.00 for the Child Specialty Services Program to
provide funds for salary and expenses of the educational
coordinator; this continuing program is one hundred
percent reimbursed by State funds;
$111,785.00 for the Juvenile Detention Home Program to
provide funds for salary and expenses of the two
educational coordinators; this continuing program is one
hundred percent reimbursed by State funds;
$132,864.00 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; this continuing program is
one hundred percent reimbursed by Federal funds;
$139,180.00 for the Adult Basic Education Program to
provide funds for the education of adults who have not
completed high school; this continuing program is
reimbursed by Federal funds in the amount of $116,480.00
with matching funds in the amount of $22,700.00;
$130,650.00 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 the State and fees paid by participants;
$327,793.00 for the Perkins Act Program to provide funds
for vocational instructors and equipment; this continuing
program is one hundred percent reimbursed by Federal
funds;
$60,173.00 for the Drug Free Schools Program to provide
funding for a student assistance counselor at the
secondary level to work with substance abuse issues; this
continuing program is one hundred percent reimbursed by
Federal funds;
$1,305,000.00 for the Flow Through Program to provide aid
for the education and guidance of handicapped students;
this continuing program is one hundred percent
reimbursed by Federal funds;
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$2,710,674.00 for the Title I Winter Program to provide
remedial reading, language arts and mathematics
instruction for students in targeted schools; this
continuing program is one hundred percent 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:
(#33897-070698) 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 10.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33897-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Council Member White expressed concern with regard to the
condition of certain school buildings, and advised that one such school
building recently underwent major renovations. He requested that the
School Board take the necessary measures to insure that school
buildings are inspected and maintained in a first-class manner. He
advised that the condition of lawns on certain school properties also
raise concern, and he had discussed the matter of proper maintenance
of City property in and around school facilities with the City Manager.
REPORTS OF OFFICERS:
CITY MANAGER:
ACTION:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CONVENTION AND VISITORS BUREAU: The City
Manager submitted a written report advising that Council adopted an
annual operating budget which included $525,000.00 for the Roanoke
Valley Convention and Visitors Bureau for fiscal year 1998-99; Council
requests assistance from the Convention and Visitors Bureau in
marketing and selling Roanoke and desires assurance that the funds
will be used for these purposes; and the City Administration has
negotiated an agreement with the Convention and Visitors Bureau to
assure 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, for approval by the City Manager, a budget
setting forth the anticipated expenditures of City funds involved, no
later than August 14, 1998.
The City Manager recommended that Council approve four
payments, totaling $525,000.00 to the Roanoke Valley Convention and
Visitors Bureau, and that he be authorized to execute an agreement for
a term of one year with the 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 full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33898-070698) A RESOLUTION authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of
increasing tourism in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 61, page 20.)
Mr. Trout moved the adoption of Resolution No. 33898-070698.
The motion was seconded by Mr. Swain.
David L. Kjolhede, Executive Director, Roanoke Valley
Convention and Visitors Bureau, expressed appreciation for the City's
support of the Convention and Visitors Bureau.
19
Mr. Swain inquired as to what would happen if a locality failed to
participate in funding of the Roanoke Valley Convention and Visitors
Bureau, and advised of his intention to request that the City Manager
develop a contingency plan to address the matter, should the need
arise.
Mr. White referred to the proposed agreement between the City
of Roanoke and the Roanoke Valley Convention and Visitors Bureau
(RVCVB), and suggested that the word "donation" be changed to
"investment or expenditure". He requested that the City Manager
prepare a study of the most efficient and effective method of delivering
services with the $525,000.00 appropriation by the City of Roanoke to
the Roanoke Valley Convention and Visitors Bureau and that the report
be submitted to Council as a part of 1999-2000 budget study
deliberations.
In clarification of Mr. White's request regarding the wording in
the proposed agreement between the City and the RVCVB, the City
Attorney advised that before the agreement is executed, the wording
will be fine tuned and more appropriate language will be inserted in lieu
of "donation".
Council Member Wyatt requested that the Roanoke Valley
Convention and Visitors Bureau consider marketing the Roanoke Valley
as the gateway City to the Appalachian Mountains because of the
Valley's unique art, music, etc.
Following further discussion and without objection by Council,
the Mayor advised that the request of Council Member White that the
City Manager prepare a study of the most effective and efficient method
of delivering services with the $525,000.00 appropriation by the City to
the Roanoke Valley Convention and Visitors Bureau would be referred
to 1999-2000 budget study.
Resolution No. 33898-070698 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
20
BUDGET-HOTEL ROANOKE AND CONFERENCE CENTER-
VIRGINIA TECH: The City Manager submitted a written report advising
that Council authorized the establishment of an Agency Fund entitled
"Hotel Roanoke Conference Center Commission" on July 27, 1992; the
operating budget for the Hotel Roanoke Conference Center
Commission must be approved by Council and the Virginia Tech Board
of Visitors, pursuant to Sections 21B and C of the Hotel Roanoke
Conference Center Commission Act; and the operating subsidies are
to be equally divided between the City of Roanoke and Virginia Tech.
It was further advised that the Hotel Roanoke Conference Center
Commission adopted an operating budget for fiscal year 1998-99 on
June 25, 1998, which is intended to cover operating expenses of the
Conference Center as managed by Doubletree Hotels, Inc.; the Virginia
Tech Board of Visitors approved its subsidy amount of $175,000.00 at
its meeting on April 24, 1998; and the City's General Fund budget
adopted on May 11, 1998, included the City's subsidy amount of
$175,000.00.
The City Manager recommended that Council authorize approval
of the Hotel Roanoke Conference Center Commission operating budget
for fiscal year 1998-99; and appropriate $350,000.00 to the Conference
Center agency fund accounts as established by the Director of Finance
for Conference Center administration support and other expenses, and
establish revenue estimates of $175,000.00 each for City and Virginia
Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#33899-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Hotel Roanoke Conference Center Commission
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 20.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 33899-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
21
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#33900-070698) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal
Year 1998-1999.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 22.)
Mr. Hudson moved the adoption of Resolution No. 33900-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote: ~
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Following discussion, the Mayor requested an itemized summary
of funds expended under the category of Fees for Professional
Services by the Hotel Roanoke Conference Center Commission for
fiscal year 1998-99.
GRANTS: The City Manager submitted a written report advising
that 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, and the
conditions therein, up to $25,000.00; and as a part of the HUD
Entitlement Consolidated Plan application, approved by Council on
May 11, 1998, pursuant to Resolution No. 33830-051198, Council
authorized the following grants:
Fifth District Employment and Training Consortium
Business Training Initiative - $38,000.00
22
Total Action Against Poverty ~
Transitional Living Center - $38,600.00
Blue Ridge Independent Living Center, Inc.
Empowering Individuals with Disabilities - $33,000.00
Habitat for Humanity
Perry Park - $100,000.00
Chamber of Commerce Small Business Development Center
Small Business Development Center - $125,000.00
It was further advised that HUD approval of the City's fiscal year
1998-99 CDBG application is forthcoming pending the routine
Congressional release process; and Council authorized acceptance of
the 1998-99 HUD Entitlement and Appropriation of Funds for CDBG
activities on June 15, 1998, pursuant to Ordinance No. 33874-061598
and Resolution No. 33875-061598.
It was explained that the proposed projects will provide public
service, housing, employment training, and micro-enterprise
assistance; administrative agreements are necessary for the funds to
be obligated to these projects; agreements will not be executed on
behalf of the City until the City receives the approval letter from HUD,
nor without certification by the Director of Finance that funds are
available; and the City will acquire no interest in real estate as a result
of any agreement.
The City Manager recommended that he be authorized to execute
the CDBG Agreements and amendments thereto, if necessary, with the
above-referenced agencies, said agreements to be approved as to form
by the City Attorney, within the limits of funds set forth in the report
and for the purposes specified in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
ACTION:
(#33901-070698) A RESOLUTION authorizing the City Manager or
Assistant City Manager to execute administrative agreements and any
necessary amendments thereto with five (5) separate agencies for
implementation of various Community Development Block Grant
programs.
(For full text of Resolution, see Resolution Book No. 61, page 23.)
Mr. White moved the adoption of Resolution No. 33901-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BRIDGES-CONSULTANTS REPORTS: The 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 69 structures in the City of Roanoke this year;
40 structures are inspected annually, while 29 structures are inspected
bi-annually; inspection of two parking structures and 15 overhead sign
structures are required to be inspected this year by prudent
engineering practices; and Jefferson Street Old Pedestrian Underpass
under the Norfolk Southern Railway is to be inspected annually per
agreement with the railroad; and on July 15, 1996, pursuant to
Ordinance No. 33039-071596 authorizing Agreements for Consultant
Services for three years with Hayes, Seay, Mattern & Mattern, Inc., and
Mattern & Craig, Inc.
It was further advised that Council needs to authorize the
execution of Amendment No. 2 to Agreements for Consultant Services
for Year three, as follows:
Aqreement with Hayes. Seay, Mattern & Mattern, Inc.,
approved 7/15/96 (Ordinance No. 33039-071596):
23
24
996 Work Scope: 36 Bridges
4 Parking Garages
$ 73,053.00
1997 Work Scope
35 Bridges
1 Parking Garage
57,999.00
1998 Work Scope 32 Bridges
15 Overhead sign structures
78.400.00
1996, 1997 & 1998 Total Agreement Amount:
A~_reement with Mattern & Craig, Inc., approved 7/15/96
(Ordinance No. 33039-071596):
1996 Work Scope 37 Bridges
15 Overhead Sign Structures
$ 69,500.00
1997 Work Scope
32 Bridges
1 Tunnel (Underpass)
52,400.00
1998 Work Scope
37 Bridges
1 Tunnel (Underpass)
2 Parking Garages
67.200.00
1996, 1997 & 1998 Total Agreement Amount $189.100.00
The City Manager recommended that Council authorize execution
of Amendment No. 2 in a form to be approved by the City Attorney to
the agreements with Hayes, Seay, Mattern & Mattern, Inc., and Mattern
& Craig, Inc., in the amount of $78,400.00 and $67,200.00, respectively,
for the Bridge Inspection Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
25
ACTION:
(#33902-070698) A RESOLUTION authorizing the execution of
Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern &
Mattern, Inc.; and authorizing the execution of Amendment No. 2 to the
City's agreement with Mattern & Craig, Inc., for additional engineering
services to be performed in connection with the Bridge Inspection
Program.
(For full text of Resolution, see Resolution Book No. 61, page 23.)
Mr. Trout moved the adoption of Resolution No. 33902-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ................................... t ................................... 0.
TRAFFIC-CHURCH AVENUE PARKING GARAGE-DOMINION
TOWER-CENTURY STATION PARKING GARAGE-WlLLIAMSON ROAD
PARKING GARAGE-CAMPBELL COURT PARKING GARAGE-MARKET
SQUARE PARKING GARAGE: The City Manager submitted a written
report advising that parking provisions for persons residing in
downtown Roanoke have been under evaluation by representatives of
Downtown Roanoke, Inc., and City staff; developers of downtown
housing have indicated that the need to provide residential parking is
critical to the success of downtown housing; on-street parking along
public streets is available for any and all citizens under the criteria
posted on each sign; and these spaces are not to be designated or
reserved for certain individuals.
It was further advised that approximately 50 dwelling units are
either in place or under construction in the core area of downtown; a
strategy that Downtown Roanoke, Inc., and City staff believe will be
responsive to the need for residential parking allows free parking in
City-owned parking garages for downtown residents; residents would
be required to show proof of downtown residency and display a current
City property tax decal before a parking tag could be issued which
would enable them to park free of charge; parking would be available
on a first-come first-serve basis; the number of residents now parking
in the parking garages are few and any associated loss of revenue
would be minor; by enabling free use of the parking garages, there will
26
ACTION:
be less conflict with overnight street-sWeeping operations in
downtown; approval of free parking requires action by Council; and
remaining strategies involve signage changes along downtown streets
which can be handled administratively.
The City Manager recommended that Council approve free
parking for residents of downtown Roanoke in all City-controlled
parking facilities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33903-070698) A RESOLUTION establishing a program
providing for free parking for downtown residents in City-owned or
City-controlled parking facilities as recommended by the City
Manager's report dated July 6, 1998.
(For full text of Resolution, see Resolution Book NO. 61, page 24.)
Mr. Trout moved the adoption of Resolution No. 33903-070698.
The motion was. seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BONDS/BOND ISSUES-BUDGET-PARKS AND RECREATION: The
City Manager submitted a written report advising that Roanoke's
Capital Improvement Program - Fiscal Years 1998-2002, pages 111 - 112
includes Mill Mountain Park Improvements, which project consists of
refurbishing Mill Mountain Park, a regional recreation facility, as
follows:
Construction of a new picnic shelter,
Construction of new play areas, ~
Development of an interpretive/visitor information center,
Construction of an irrigation system, and
Placement of overhead utility wiring underground -
complete with site lighting system.
27
It was further advised that advertisement of Public Notice to seek
Architectural/Engineering Services, Mill Mountain Park Improvements,
was properly advertised on March 8, 1998; proposals were received
from the firms of Hill Studio, P. C. and Whitesell Orrison, Inc.; and
personal interviews were conducted with each firm on May 1, 1998.
It was noted that contract negotiations are complete, and a lump
sum agreement has been reached with Hill Studios, P. C., in the amount
of $36,500.00; the contract will be awarded administratively inasmuch
as the contract amount falls within the Council delegated range (under
$75,000.00); and it is proposed to move the budgeted funding
authorized by the Bond Referendum of November, 1997 to a capital
account.
ACTION:
The City Manager recommended that Council authorize the
Director of Finance to transfer $500,000.00 from the 1997 Bond Issue to
a capital account to be entitled, "Mill Mountain Improvements" for
construction of improvements to be designated by the
Architectural/Engineering Consultant and construction of an irrigation
system as designed by the Office of City Engineer; and authorize the
Director of Finance to encumber $36,500.00 for professional services
in the design of the proposed improvements to Mill Mountain Park.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33904-070698) 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 25.)
Mr. Trout moved the adoption of Ordinance No. 33904-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
28
WATER RESOURCES: The City Manager submitted a written
report in connection with Change Order No. 1 to the City's 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.
It was advised that additional items totaling $100,513.00 have
been identified as part of the required work and need to be approved
for payment; Malcolm Pirnie and Mattern & Craig have reviewed and
recommended these changes to the City for payment; and no additional
days of construction are recommended to date.
The City Manager recommended that Council take the following
action:
Authorize the City Manager to issue Change Order No. 1 to
the contract with Danis Environmental Industries, Inc., in
the amount of $100,513.00 and no additional contract time,
total contract amount would then be $16,790,513.00;
Proportional shara to each jurisdiction would be as
follows:
City of Roanoke
County of Roanoke
City of Salem
Botetourt County
Town of Vinton
(37.3%) $ 37,491.35
(29.2%) 29,349.80
(20.9%) 21,007.22
(7.0%) 7,035.90
(5.6%) 5.628.73
Total of Change Order No. 1
$100.513.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33905-070698) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. I to the City's contract with Danis
Environmental Industries, Inc., for the upgrade and expansion of the
Water Po;lution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 26.)
29
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33905-070698.
The motion was seconded by Ms. Wyatt and adoT)ted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
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, 1996; the Federal Highway Administration notified the City on
August 23, 1996, of its approval of the new interchange access; Council
approved an agreement with the Virginia Department of Transportation
for project construction bidding and administration on December 16,
1996, and the City agreed to be responsible for 100% of all project
costs; Council officially notified VDOT of its approval of the Iow bid
submitted to VDOT by Allegheny Construction Co., Inc., in the amount
of $3,964,813.90 (Ordinance No. 33619-102297); and the schedule
provides for interchange construction to be open to traffic by
November 1, 1998.
It was further advised that change orders to VDOT's construction
contract with Allegheny Construction Co., Inc., in excess of $25,000.00,
will require approval by Council to execute since the change orders are
100% City-funded; in an effort to avoid delaying the contractor's
progress, authority to approve any such change orders will be
requested from Council as quickly as possible after receiving the
change order from VDOT; Change Order No. 1 was recently forwarded
to the City from VDOT, in the amount of $13,007.80, for items related to
bridge abutments and this change order was approved at the
administrative level since it is less than $25,000.00; Change Order No.
2 was recently forwarded to the City from VDOT, in the amount of
$48,573.00, which corrects an error in the plans that required 3,000
metric tons of stone backfill behind bridge abutments and wingwalls,
but was not shown on the original contract; revised contract total to
date, including Change Order No. 2 is $4,026,394.70; and funding is
available in 1-581 Interchange Account No. 0084~52-9545-9001.
The City Manager recommended that Council authorize execution
of Change Order No. 2 to the City's contract with the Virginia
Department of Transportation.
30
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33906-070698) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 2 to the City's contract with the Virginia
Department of Transportation for the 1-581 Interchange improvements
at Valley View Boulevard; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 27.)
Mr. Trout moved the adoption of Ordinance No. 33906-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................. -'~- ............................... 7.
NAYS: None .......................................... ~, ........................... 0.
TELEPHONE EQUIPMENT-WATER RESOURCES: The City
Manager submitted a written report advising that a desire to locate
Personal Communication System (PCS) antennas on Grandin Court
Elevated Water Tank No. 1 located at the end of Creston Avenue, S. W.,
has been expressed by Virginia PCS Alliance, L. C., a Virginia Limited
Liability Company (VA PCS), a PCS communication provider; and
Council approved and adopted the City of Roanoke Policy as to
Wireless Telecommunications Facilities located on City property dated
January 21, 1997, in accordance with a recommendation set forth in a
report of the Water Resources Committee dated February 3, 1997.
It was further advised that the lease agreement for use of a City
facility has been submitted by VA PCS for approval by the City; VA PCS
currently is leasing space on two other City water tanks, Washington
Heights and The Summit; and monthly rental VA PCS would pay is
$750.00 per month, plus the increase in the Consumer Price Index for
the year ending July 31, 1998.
The City Manager recommended that Council approve a lease
agreement between the City and Virginia PCS Alliance, L. C., for use of
the Grandin Court Elevated Water Tank No. 1 and site located at the
31
ACTION:
dead end of Creston Avenue for personal communication antennas and
related equipment, such lease to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#33907) AN ORDINANCE authorizing the proper City officials to
enter into a Lease Agreement between the City and Virginia PCS
Alliance, L.C., a Virginia Limited Liability Company, for use of the
Grandin Court Elevated Water Tank No. 1 and site located at the dead
end of Creston Avenue, S. W., for the placement, operation, and
maintenance of Personal Communication System antennas and related
equipment, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 54.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
EQUIPMENT-WATER RESOURCES: The City Manager submitted
a written report advising that bids are requested annually, on a fiscal
year basis, to furnish and deliver to the City estimated quantities of
ductile iron water pipe; and bids were received by the City on June 6,
1998 and were publicly opened and read at 2:00 p.m., on that date in the
Office of Manager of Supply Management.
The City Manager recommended that Council authorize the
purchase of ductile iron water pipe from U. S. Pipe and Foundry Co.,
Inc., for a period of one year for a total price of $139,833.00, based on
estimated quantities; and that all other bids received by the City be
rejected.
(For full text, see report on file in the City Clerk's Office.)
32
Mr. Swain offered the following resolution:
(#33908-070698) A RESOLUTION accepting the bid of U.S. Pipe
and Foundry Co., 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. 61, page 28.)
ACTION:
Mr. Swain moved the adoption of Resolution No. 33908-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt andMayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
EMERGENCY SERVICES: The City Manager submitted a written
report advising that in December 1996, Council authorized the City
Manager to enter into a two-year agreement with the Commonwealth of
Virginia Department of Emergency Services (VDES) to continue
furnishinga Level III Regional Hazardous Materials Response Team and
respond to calls, at the request of VDES, within a designated region of
the State; the Roanoke Valley has been identified by the Virginia
Department of Emergency Services (VDES) as being at high risk for
accidents involving hazardous materials due to the high volume of
chemicals being transported through the City on the interstate and
state highway systems, the railroad and the regional airport; in
addition, 45 companies are physically located'within the City which
manufacture, store or transport extremely hazardous substances which
fall under the SARA Title III reporting requirements; and the Roanoke
Valley Regional Hazardous Materials Response Team consists of
firefighter-emts from Roanoke City and the City of Salem who have
been trained to respond to hazardous materials incidents.
It was further advised that the Regional Hazardous Materials
Response Team Agreement expired June 30, 1998; the Virginia
Department of Emergency Services has agreed that the 1996-98
Agreement will remain in full force until the new Agreement is approved
by Council (the new agreement is identical to the existing agreement
except for the date of the contract); the Virginia Department of
Emergency Services has requested that a new Agreement (Salem being
33
ACTION:
offered a separate, identical agreement) be entered into beginning
July 1, 1998, for a two year period; and approval by Council to enter
into the contract/agreement is required if the City wishes to participate
in the "Regional Response Team." --
It was explained that terms of the proposed agreement define
City and State responsibilities, response procedures, line of authority,
reimbursement procedures, insurance and legal responsibilities and
termination clause; members of the Roanoke Fire-EMS Department will
continue to participate in State sponsored Level III Hazardous Materials
training; and the City Manager and the State Coordinator of Emergency
Services will enter into the agreement which is effective until June 30,
2000, unless terminated upon 30 days written notice by either party.
The City Manager recommended that he be authorized to enter
into a two-year agreement with the Commonwealth of Virginia,
Department of Emergency Services, to participate in a Regional
Hazardous Materials Response Team for a period of two years,
beginning July 1, 1998, with the option to terminate upon 30 days
written notice, said agreement to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#33909-070698) A RESOLUTION authorizing the City Manager to
enter into a two-year contract with the Commonwealth of Virginia
Department of Emergency Services to participate in a Regional
Hazardous Materials Response Team.
(For full text of Resolution, see Resolution Book No. 61, page 29.)
Mr. Hudson moved the adoption of Resolution No. 33909-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................ .-. ~- ........................... 0.
34
BUDGET-HUMAN DEVELOPMENT-YOUTH: The 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 non-
residential or residential services for a certain targeted population of
at-risk youth and their families; and CSA defines the mandated target
population to be served as:
Children/youth placed for the purposes of special
education in approved private school educational
programs;
Handicapped children/youth placed by local Social Service
agencies or the Department of Juvenile Justice in:
private residential facilities
private, special day schools
foster homes
child-caring facilities
Children foster care services provided to:
prevent foster care placements
children entrusted to Social Service agencies
by their parents or guardians
children committed to agencies by any court
Targeted but non-mandated groups of children/youth who can receive
services through the CSA are:
Children placed by a Juvenile and Domestic Relations
Court, in a private or locally operated public facility or
non-residential program, and
Children committed to the Department of Juvenile Justice
and placed by it in a private home or in a public or private
facility.
It was further advised that in order for local governments to
qualify for CSA funding for fiscal year 1998-1999, localities must
demonstrate that they have by July 1, 1998, incorporated utilization
management/utilization review for placements utilizing CSA funding; in
ACTION:
January 1998, the City solicited proposals for Comprehensive Services
Act (CSA) Utilization Monitoring and Case Management Services; and
proposals were received from Managed Health Services, Inc., Net Care,
and The Virginia Treatment Center for Children.
It was explained that Managed Health Services, Inc., will provide
Utilization Management, Utilization Management Training, Integrated
Service and Partnership Development, and Information Management
System; and based on the average number of cases per month, the
projected annual cost of utilization management will be $523,410.00
The City Manager recommended that he be authorized to enter
into a contract, in a form to be approved by the City Attorney, with
Managed Health Services, Inc.; and that $65,~)0.00 be appropriated
from ClS Retained Earnings to "CSA Utilization Management System."
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#33910-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 City Information Systems Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 30.)
Mr. Swain moved the adoption of Ordinance No. 33910-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
35
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#33911-070698) A RESOLUTION authorizing the City Manager or
his designee to enter into a contract with Managed Health Services,
Inc., and any necessary amendments thereto, to provide management
services for placements utilizing the Comprehensive Services Act
(CSA) funding, upon certain terms and conditions.
36
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 31.)
Mr. Swain moved the adoption of Resolution No. 33911-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson,. Swain, Trout, White,
Wyatt and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 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
and the cities of Clifton Forge, Covington, Roanoke and Salem; the
FDETC serves two primary client populations which are dislocated
workers and the economically disadvantaged; and the City of Roanoke
is the grant recipient for FDETC funding, and Council must appropriate
funds for all grants and other monies received by the FDETC.
It was further advised that the Virginia Employment Commission
has notified the Consortium of the approval of a request of $375,000.00
to operate a Governor's Regional Project for PY 98, which funds will be
used to serve dislocated workers by paying for training, providing
career counseling and case management.
The City Manager recommended that C6uncil appropriate the
Fifth District Employment and Training Consortium's funding totaling
$375,000.00 and increase the revenue estimate by $375.000.00 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. Swain offered the following emergency budget ordinance:
(#33912-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 31.)
Mr. Swain moved the adoption of Ordinance No. 33912-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
37
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
ACTION:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of May, 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.
Vice-Mayor Harris requested that the Director of Finance provide
Council with a summary report with regard to the projected shortfall of
revenue in personal property taxes.
SEWERS AND STORM DRAINS-GENERAL SERVICES-BUDGET-
ROANOKE CIVIC CENTER-UTILITY LINE SERVICES-CITY
INFORMATION SYSTEMS-TRANSPORTATION FUND-FLEET
MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS-WATER
RESOURCES: The Director of Finance submitted a written report
advising that at the close of fiscal year 1998, budgeted funds were
obligated for outstanding encumbrances; purchase orders or contracts
were issued for goods and services as of the close of fiscal year 1998,
but delivery of the goods or performance of the services has not been
completed; reappropriation of the funds carries forward the unspent
budget funds that were originally appropriated and are contractually
obligated for the goods and services; and appropriation amounts are
as follows:
38
ACTION:
General Fund Open Encumbrances
Water Fund Open Encumbrances
Sewage Fund Open Encumbrances
Civic Center Fund Open Encumbrances
Transportation Fund Open Encumbrances
City Information Systems Fund Open Encumbrances
Materials Control Fund Open Encumbrances
Management Services Fund Open Encumbrances
Utility Line Services Fund Open Encumbrances
Fleet Management Fund Open Encumbrances
Risk Management Fund Open Encumbrances
School Fund Open Encumbrances
$1,786,577.00
83,245.00
708,056.00
70,746.00
69,136.00
85,436.00
40.00
8,622.00
140,916.00
247,870.00
12,885.00
925,597.00
The Director of Finance recommended that Council adopt budget
ordinances to reappropriate the funds into 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:
(#33913-070698) 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 33.)
Mr. Harris moved the adoption of Ordinance No. 33913-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
39
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency budget ordinance:
(#33914-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 36.)
Mr. Hudson moved the adoption of Ordinance No. 33914-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote: ,.
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency budget ordinance:
(#33915-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Sewage Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 37.)
Mr. Swain moved the adoption of Ordinance No. 33915-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudsorr,'Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following emergency budget ordinance:
40
ACTION:
ACTION:
ACTION:
(#33916-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 38.)
Mr. Trout moved the adoption of Ordinance No. 33916-070698.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .................................. , ........................... 7.
NAYS: None ....................................................................... 0.
Mr. White offered the following emergency budget ordinance:
(#33917-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Transportation Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 38.)
Mr. White moved the adoption of Ordinance No. 33917-070698.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency budget ordinance:
(#33918-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 City Information Systems Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 39.)
Ms. Wyatt moved the adoption of Ordinance No. 33918-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
41
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following emergency budget ordinance:
(#33919-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Materials Control Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 40.)
Mr. Harris moved the adoption of Ordinance No. 33919-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency budget ordinance:
(#33920-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Management Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 41.)
Mr. Hudson moved the adoption of Ordinance No. 33920-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency budget ordinance:
42
ACTION:
ACTION:
ACTION:
(#33921.070698) 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 42.)
Mr. Swain moved the adoption of Ordinance No. 33921-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ..................................................................... 0.
Mr. Trout offered the following emergency budget ordinance:
(#33922-070698) 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 43.)
Mr. Trout moved the adoption of Ordinance No. 33922-070698.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
Mr. White offered the following emergency budget ordinance:
(#33923-070698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Risk Management Fund Appropriations, and
providing for an emergency.
(For full teXt of Ordinance, see Ordinance Book No. 61, page 44.)
Mr. White moved the adoption of Ordinance No. 33923-070698.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
43
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency budget ordinance:
(#33924-070698) 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 45.)
Ms. Wyatt moved the adoption of Ordinance No. 33924-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES:
EASEMENTS-APPALACHIAN POWER COMPANY-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 the donation and
conveyance of an easement across City-owned property located at the
corner of Jamison Avenue and 14th Street, S. E., to Appalachian Power
Company, for the purpose of extending the existing overhead electric
power line to provide electric service to an adjacent property.
A staff report advised that Fire Station No. 6 is located at the
corner of Jamison Avenue and 14th Street, S. E.; Appalachian Power
Company (APCO) provides electric service to the fire station through
overhead facilities; and the current power line~ ends on fire station
property.
It was further advised that construction of a new Rite Aide on the
site adjacent to the fire station is currently underway; an easement
across fire station property has been requested by APCO in order to
44
ACTION:
extend the line to provide electric service to the adjacent parcel; and
APCO has agreed to relocate the facilities one time, if necessary, at the
sole expense of the grantee.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Appalachian Power Company.
(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:
(#33925) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified by
Official Tax No. 4220316 to Appalachian Power Company, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 55.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
TRAFFIC-EASEMENTS-BUDGET-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 certain property rights needed by the City for
construction of Grandin Road/Glen Heather Drive, S. W., intersection
improvements.
A staff report advised that the intersection at Grandin Road and
Glen Heather Drive, S. W., has insufficient turning radius, is confusing
to motorists, and needs realignment to improve traffic flow and safety;
therefore, plans have been developed for intersection improvement; a
portion of Official Tax No. 5090107, owned by James C. Porterfield is
needed to implement intersection improvements; authorization is
needed to move forward with procurement of title work, appraisals, and
ACTION:
negotiations related to acquisition of the necessary property rights;
and project costs for acquisition of property rights, design, and
construction are estimated to be $75,000.00
The Water Resources Committee recommended that Council take
the following actions:
Authorize acquisition of property rights at 4508 Grandin
Road, S. W., Official Tax No. 5090107, 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, and licenses or permits;
Appropriate $75,000.00 from Capital Improvement Reserve
for Streets and Bridges to "Grandin Road-Glen Heather
Drive Intersection Improvements"; and
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:
(#33926-070698) 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 46.)
Ms. Wyatt moved the adoption of Ordinance No. 33926-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
45
46
ACTION:
Ms. Wyatt offered the following emergency ordinance:
(#33927-070698) AN ORDINANCE providing for the acquisition of
certain property rights needed by the City for the Grandin Road/Glen
Heather intersection improvements; setting a limit on the consideration
to be offered by the City; providing for the City's acquisition of such
property by condemnation, under certain circumstances; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 47.)
Ms. Wyatt moved the adoption of Ordinance No. 33927-070698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ......................................... ~ ............................. 0.
POLICE DEPARTMENT-EASEMENTS-APPALACHIAN POWER
COMPANY-BUDGET-CITY PROPERTY-INDUSTRIES-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to the donation and conveyance of an
easement across City-owned property located at the Roanoke Centre
for Industry and Technology to Appalachian Power Company, for the
purpose of relocating and extending the existing overhead electric
power line to avoid a proposed future detention basin and to provide
electric service to the City's new horse stables for the mounted police
patrol.
A staff report advised that land conveniently located to Route 460
East was acquired for industrial development in 1989, now known as
Roanoke Centre for Industry and Technology (RCIT); stable facilities for
the City's horse mounted patrol have been leased since 1993; and the
present stable is located at 1615 Cleveland Ave!~ue, S. W.
It was further advised that the lease for the current stable will
expire on September 30, 1998; plans for construction of a permanent
stable facility on a site near the proposed detention basin in RCIT have
been developed; and an easement across RCIT property has been
47
requested by APCO in order to relocate an existing power line to avoid
the proposed detention basin and to provide electric service to the new
stable.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Appalachian Power Company.
(For full text, see reports on file in the City Clerk's Office.)
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#33928) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property at the
Roanoke Centre for Industry and Technology to Appalachian Power
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
The motion was seconded by Mr. Trodt and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-CULTURAL SERVICES
COMMITTEE: A report of the Cultural Services Committee with regard
to allocation of City funds to various non-profit agencies for fiscal year
1998-99, was before Council.
It was advised that the Cultural Services Committee was
originally established by Council pursuant to Ordinance No. 33382-
051297; requests from 18 agencies were received totaling $812,269.00
for fiscal year 1998-99; and individual study of each application was
made by Committee members, and public hearings were held on April 7
and 8, 1998, to consider requests and to meet with applicants.
48
ACTION:
It was further advised that the budget for fiscal year 1998-99
approved by Council for the Cultural Services Committee provides
funds for allocation in fiscal year 1998-99, in the amount of $444,140.00;
a schedule attached to the report shows recommended funding for
allocation to the various agencies; and committee deliberations are
contained in Minutes of meetings on file in the City Clerk's Office.
The Cultural Services Committee recommended that Council
concur in the funding of agencies in recommended amounts as
indicated on the schedule of funding and transfer funds from Cultural
Services Committee, Account No. 001-054-5221-3700, to line items to
be established by the Director of Finance; and authorize the Director of
Human Development to approve payment of funds to agencies to be
funded 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.)
Ms. Wyatt offered the following emergency budget ordinance:
(#33929-070698) 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 48.)
Ms. Wyatt moved the adoption of Ordinance No. 33929-070698.
The motion was seconded by Mr. Trout.
sandra W. Ryals, Chairperson, Cultural Services Committee,
presented the recommendations of the Committee. She advised that in
addition to the formal recommendations contained in the report, the
Committee supports the Mayor's recommendation in his State of the
City Address in regard to developing a permanent home for the Julian
Stanley Wise Foundation to the Rescue Museum in the Roanoke Valley.
On behalf of the Committee, she suggested that Council consider
funding formulas for future budgeting consideration to enable the
following organizations to be treated as economic development
entities; i.e.: Center in the Square, Virginia Amateur Sports and
Virginia's Explore Park. She urged that Council also give consideration
to establishing a type of percentage or formula for funding cultural
service agencies as opposed to the grants hearing process.
With regard to future allocations recommended by the Cultural
Services Committee and the Human Services Committee and approved
by Council, Mr. White requested that City budget documents contain a
footnote that a detailed schedule of agencies funded by the City will be
available upon request.
Mr. White suggested that the Mayor forward a communication to
all agencies that were recommended for funding advising that the City
values their contributions, the City believes that its investment is
important and hopes that the City's appropriation will play a significant
role in the success of the agency, and that the letter be addressed to
the Chairperson of the agency/organization~*~as opposed to the
Executive Director.
Mr. White advised that certain agencies are defined as regional
in nature by both the Human and the Cultural Services Committees, and
inquired as to why certain other Roanoke Valley jurisdictions have not
participated in the funding of these agencies. He requested follow up
information from the Cultural Services Committee and the Human
Services Committee as to whether these agencies have applied for
funding by other Roanoke Valley jurisdictions, and the response by
those jurisdictions. He suggested that the funding request application
to the Human Services/Cultural Services Committees should contain
information verifying that a request was made by the
agency/organization to other Roanoke Valley jurisdictions for funding
assistance, and the matter should also be addressed by the Audit
Committee.
At the request of Council Member Wyatt, it was the consensus of
Council that the question of designating a certain percentage of the
overall City budget for human service and cultural service agencies
would be referred to 1999-2000 budget study for discussion.
Vice-Mayor Harris requested that Council be provided with
information on in-kind services provided by the City to human service
and cultural service agencies.
For fiscal year 1998-99, the Mayor stated that the citizens of
Roanoke should be aware that 18 non-profit cultural agencies have
requested funds from the City of Roanoke, but five of those agencies
are not recommended for funding by any other Roanoke Valley
jurisdiction. He advised that for fiscal year 1998-99, the City will
50
ACTION:
appropriate $441,000.00 through the Cultural Services Committee,
Roanoke County has appropriated $343,000.00, and the City of Salem
has appropriated $53,000.00, therefor, Roanoke City has appropriated
more funds than the other jurisdictions in the Roanoke Valley
combined. He further advised that the City of Roanoke has
appropriated $412,000.00 for 33 social service agencies, while Roanoke
County has appropriated $91,000.00, and the City of Salem has
appropriated $105,000.00.
Council Member Swain requested that the Cultural
Services/Human Services Committees submit recommendations in
regard to improving the application funding process; whereupon,
Ms. Ryals advised that proposed recommendations would be
summarized for Council's information and consideration.
Ordinance No. 33929-070698 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following resolution:
(#33930-070698) A RESOLUTION concurring in the
recommendations of the Cultural Services Committee for allocation of
City funds to various nonprofit agencies for Fiscal Year 1998-1999.
(For full text of Resolution, see Resolution Book No. 61, page 50.)
Ms. Wyatt moved the adoption of Resolution No. 33930-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................... , .............................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-SALVATION ARMY: A report
of the Human Services Committee with regard to recommendations for
funding of agencies for fiscal year 1998-99, was before Council.
It was advised that the Human Services Committee budget, in the
amount of $424,120.00, was established by Council, pursuant to
Ordinance No. 33814-051198, by which the General Fund Budget for
fiscal year 1998-99 was adopted on May 11, 1998; requests from 33
agencies were received totaling $684,591.00; and individual study of
each application was made by Committee members, and public
hearings were held on March 31 and April 1, 1998, to consider the
requests and to meet with applicants.
It was further advised that the Human Services Committee
requests that $9,000.00 be designated in the Human Services
Committee budget to provide funds for monitoring expenses; an
attachment to the report shows recommended funding for allocation to
the various agencies; and committee deliberations are contained in
Minutes of meetings on file in the City Clerk's Office.
It was noted that the Committee recommends a payment of
$20.00 per day for Roanoke residents at Bethany Hall, up to a maximum
of $7,200.00; the Committee further recommends that $25,000.00 be
allocated to The Salvation Army and execution of a contract with The
Salvation Army for the provision of services to City residents under the
Homeless Housing Program and/or Abused Women's Shelter; and the
Committee further recommends that $24,000.00 be allocated to Unified
Human Services Transportation Systems, Inc., (RADAR) through Valley
Metro in order that Valley Metro may receive credit for providing
transportation to the disabled.
The Human Services Committee recommended that Council
concur in the funding of agencies in the recommended amounts as
indicated on an attachment to the report; that Council authorize the
Chairman of the Human Services Committee and the Director of Human
Development to not authorize payment of funds to any agency until
objectives, activities, and other reasonable requests of the monitoring
staff as well as compliance with items received by the Municipal
Auditor are submitted and accepted; that Council transfer $424,120.00
from the H;,man 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 that Council
authorize the City Manager, or his designee, to negotiate a contract for
$25,000.00 with The Salvation Army for provisien of services to City
residents under the Homeless Housing Programs and/or Abused
Women's Shelter, and Council will be requested to authorize execution
of the contract following negotiation.
52
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33931-070698) 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 51.)
Mr. Trout moved the adoption of Ordinance No. 33931-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... O.
Mr. Trout offered the following resolution:
(#33932-070698) 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 1998-1999, 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. 61, page 53.)
Mr. Trout moved the adoption of Resolution No. 33932-070698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
53
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
ZONING: Ordinance No. 33890, rezoning a 2.378 acre tract of land
located at 1927 Franklin Road, S. W., between Wiley Drive and Brandon
Avenue, identified as Official Tax No. 1040302, from LM, Light
Manufacturing District, to C-2, General Commercial District, having
previously been before the Council for its first reading on Monday,
June 15, 1998, read and adopted on its first reading and laid over, was
again before the body.
The City Attorney submitted a written report advising that in
reviewing the measure, he discovered a typographical error and the
ordinance should have stated that the subject property would be
rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District; therefor, the measure has been corrected for
consideration by Council on second reading on Tuesday, July 6, 1998.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following ordinance for its second reading
and final adoption:
(#33890-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 104, 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 1.)
Mr. Trout moved the adoption of Ordinance No. 33890-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote: ,'. ~
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 33891 rezoning four parcels of land
located at 1702 Hamilton Terrace, S. E., identified as Official Tax Nos.
4040822 - 4040825, inclusive, and a portion of a parcel of land identified
54
ACTION:
as Official Tax No. 4040833, located on Belleview Avenue, S. E., from
RM-1, Residential Multifamily District, Low Density District, to C-2,
General Commercial District, subject to proffers contained in the
second Amended Petition filed in the City Clerk's Office on April 29,
1998, having previously been before the Council for its first reading on
Monday, June 15, 1998, 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:
(#33891-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 404, 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 2.)
Mr. Harris moved the adoption of Ordinance No. 33891-070698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 33892, rezoning 11 parcels of land
located in the northeast quadrant of the City, fronting on Ridgefield
Street and Mississippi Avenue, N. E., identified as Official Tax Nos.
3130304 - 3130308, inclusive, 3130313 - 3130315, inclusive, and 3130505
-3130507, inclusive, from HM, Heavy Manufacturing District, to RM-1,
Residential Multifamily District, Low Density District, having previously
been before the Council for its first reading on Monday, June 15, 1998,
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:
(#33892-070698) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 313, 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 3.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33892-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
55
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ................................ ~. ............................. 7.
NAYS: None ....................................................................... 0.
BOUNDARY LINE ADJUSTMENTS: Ordinance No. 33893,
repealing Ordinance No. 32891-050696, adopted May 6, 1996, and
authorizing the Mayor to execute an Agreement between the County of
Roanoke and the City of Roanoke relating to the boundary line between
said governmental entities, and authorizing certain other actions
relating to such boundary line adjustment, having previously been
before the Council for its first reading on Monday, June 15, 1998, 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:
(#33893-070698) AN ORDINANCE repealing Ordinance No. 32891-
050696, adopted May 6, 1996, and authorizing the Mayor to execute an
Agreement between the County of Roanoke and the City of Roanoke
relating to the boundary line between said governmental entities, and
authorizing certain other actions relating to such boundary line
adjustment.
(For full text of Ordinance, see Ordinance Book No. 61, page 5.)
Mr. Harris moved the adoption of Ordinance No. 33893-070698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INOUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
56
POLICE DEPARTMENT-BUDGET-FIRE DEPARTMENT-
LEGISLATION-FEE COMPENDIUM-EMERGENCY MEDICAL SERVICES:
Council Member Wyatt expressed concern that when an Emergency
Medical vehicle is dispatched to a private residence, a fee is charged
by the City; however, no fee is charged for police on fire services. She
requested that the matter be referred to 1999-2000 budget study for
discussion.
The Mayor advised that some localities impose police
investigation and prosecution fees, and suggested that the matter be
referred to 1999-2000 budget study for consideration.
The City Attorney advised that the matter of police investigation
and prosecution fees could raise questions in regard to Virginia's
Dillon Rule; whereupon, it was the consensus of Council that the issue
of imposing fees for emergency medical services, police investigations
and prosecutions would be referred to 1999-2000 budget study and to
the City's Legislative Committee for study, report and recommendation
to Council.
Council Member Swain advised that at the Council meeting on
June 15, 1998, Council discussed the issue of reporting incidents of
crime in the City of Roanoke by The Roanoke-Times. He stated that the
City administration met with officials of The Roanoke-Times and it was
agreed that the newspaper would continue to report incidents of crime
occurring in Roanoke City with a clarification that crime statistics from
Roanoke County are not presently available. He expressed
dissatisfaction with the response from The Roanoke-Times because it
continues to stereotype Roanoke City as an area of crime especially in
the absence of crime incidents reports from other localities. He
suggested that the City Manager again meet with representatives of
The Roanoke-Times and establish a firm date by which the newspaper
will publish the same type of information from other Roanoke Valley
localities, and if the information is not provided by a specified date,
Roanoke City should discontinue its practice of providing crime
incidents information.
ACTS OF ACKNOWLEDGEMENT: Council Member Swain called
attention to numerous complimentary remarks about the City of
Roanoke which were made at a family reunion that he attended on
June 26 - 28 by former Roanokers who now reside throughout the
United States.
57
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY EMPLOYEES-PERSONNEL-COMPLAINTS-EMERGENCY
SERVICES: Ms. Evelyn D. Wheeler, 3021 Ashworth Circle, N. E.,
addressed Council with regard to the City's alleged non-compliance
with its Grievance Procedure. She requested that Council give
immediate consideration to abolishing the Grievance Procedure or
adopting a procedure similar to the State Employee Grievance
Procedure..
(For full text, see statement on file in the City Clerk's Office.)
There was discussion with regard to a statement made by
Ms. Wheeler that in the last ten years, 44 grievances by City employees
came before a panel of the Personnel and Employment Practices
Commission, none of which were won by the employee. The Assistant
City Manager advised that he did not know the exact number of
employee grievances filed in the last ten years with the Personnel and
Employment Practices Commission; however, City staff will research
the matter and report to Council accordingly.
Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia,
addressed Council with regard to the City's alleged failure to comply
with Federal Labor Laws by failing to pay overtime to Emergency
Medical Services employees.
(For full text, see statement on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the remarks
of Ms. Wheeler and Mr. Mathews would be referred to the City Manager
and the City Attorney for report to Council within 30 days.
At 6:00 p.m., the Mayor declared the meeting in recess.
At 6:35 p.m., the meeting reconvened ir~the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
COUNCIL: With respect to the Executive Session 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
58
ACTION:
ACTION:
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. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER:
The Mayor advised that there is a vacancy on the Roanoke Civic Center
Commission created by the resignation of M. R. Khan, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Sandra W. Ryals.
There being no further nominations, Ms. Ryals was appointed as
a member of the Roanoke Civic Center Commission, for a term ending
September 30, 1999, by the following vote:
FOR MS. RYALS: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that the terms of office of Frank W. Feather, Bernice F.
Jones, Harold P. Kyle, Glenn D. Radcliffe and Evelyn F. Board as
members of the Human Services Committee expired on June 30, 1998,
and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frank W. Feather,
Bernice F. Jones, Harold P. Kyle, Glenn D. Radcliffe and Evelyn F.
Board.
There being no further nominations, Mr. Feather, Ms. Jones,
Mr. Kyle, Mr. Radcliffe and Ms. Board were reappointed as members of
the Human Services Committee, for terms ending June 30, 1999, by the
following vote:
FOR MR. FEATHER, MS. JONES, MR. KYLE, MR. RADCLIFFE
AND MS. BOARD: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers ..................................................... 7.
59
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that the terms of office of Wanda E. English, William H. Carder,
Margaret C. Thompson, Catherine Fox, Sabrina T. Law, Estelle H.
McCadden, Allen T. Wilson, Sherley E. Stuart, Amy W. Peck and
Nicole Y. Quarles as members of the Special Events Committee expired
on June 30, 1998, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Wanda E. English,
William H. Carder, Margaret C. Thompson, Catherine Fox, Sabrina T.
Law, Estelle H. McCadden, Allen T. Wilson, Sherley E. Stuart, Amy W.
Peck and Nicole Y. Quarles.
There being no further nominations, Ms. English, Mr. Carder,
Ms. Thompson, Ms. Fox, Ms. Law, Ms. McCadden, Mr. Wilson,
Ms. Stuart, Ms. Peck and Ms. Quarles were reappointed as members of
the Special Events Committee, for terms ending June 30, 1999, by the
following vote:
FOR MS. ENGLISH, MR. CARDER, MS. THOMPSON, MS. FOX,
MS. LAW, MS. MCCADDEN, MR. WILSON, MS. STUART, MS. PECK AND
MS. QUARLES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Mayor advised that the term of office of Brian M. Sheperd as a member
of the Roanoke Valley Greenway Commission expired on June 30, 1998,
and called for nominations to fill the vacancy. ~'
Mr. Harris placed in nomination the name of Brian M. Sheperd.
There being no further nominations, Mr. Sheperd was
reappointed as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 2001, by the following vote:
FOR MR SHEPERD: Council Members Harris, Hudson, Swain,
Trout, White, Wyatt and Mayor Bowers ........................................... 7.
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that the term of office of Margaret M. Grayson as a member of the
Virginia Western Community College Board expired on June 30, 1998,
and called for nominations to fill the vacancy.
60
ACTION:
ACTION'
ACTION:
Mr. Harris placed in nomination the name of Margaret M.
Grayson.
There being no further nominations, Ms. Grayson was
reappointed as a member of the Virginia Western Community College
Board, for a term ending June 30, 2002, by the following vote:
FOR MS. GRAYSON: Council Members Harris, Hudson, Swain,
Trout, White, Wyatt and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that there is a vacancy on the Mill Mountain
Advisory Committee created by the resignation of Scoff Shackelford,
and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Richard Clark.
There being no further nominations, Mr. Clark was appointed as
a member of the Mill Mountain Advisory Committee, for a term ending
June 30, 1999, by the following vote:
FOR MR. CLARK: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that pursuant to the Roanoke Valley Juvenile Detention Center
Agreement, the City is entitled to appoint two representatives to the
Roanoke Valley Juvenile Detention Center Commission; whereupon, he
opened the floor for nominations.
Mr. Trout placed in nomination the names of Jesse A. Hall and
Glenn D. Radcliffe.
There being no further nominations, Mr. Hall and Mr. Radcliffe
were appointed as City Representatives to the Roanoke Valley Juvenile
Detention Center Commission, for four year terms ending June 30,
2002, by the following vote:
FOR MR. HALL AND MR. RADCLIFFE: Council Members Harris,
Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................... 7.
61
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 David Altman to serve
another term (the position rotates between a representative of the Fire
Department and the Police Department), and called for nominations to
fill the vacancy.
Mr. Hudson placed in nomination the name of Randall J. Scott.
There being no further nominations, Mr. Scoff 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:
ACTION:
FOR MR. SCOTT: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 6:40 p.m.
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
62
ROANOKE CITY COUNCIL ..... ROANOKE COUNTY BOARD OF SUPERVISORS
July 14, 1998
1.2:00 noon
A joint meeting of the Roanoke City Council and the Roanoke County Board
of Supervisors was called to order on Tuesday, July 14, 1998, at 12:00 noon, at the
Arthur Taubman Welcome Center, Virginia's Explore Park, with Mayor David A.
Bowers and Chairman Bob L. Johnson presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers ...... 5.
ROANOKE CITY COUNCIL MEMBERS ABSENT: C. Nelson Harris and
William White, Sr.- .......................................................................................... 2.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F.
Harrison, Joseph McNamara and Chairman Bob L. Johnson .............................. 3.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix and
Harry C. Nickens ............................................................................................. 2.
OTHERS PRESENT: James D. Ritchie, Assistant City Manager; Wilburn C.
Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City
Clerk; 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; Angelita Y.
Plemmer, Public Information Officer; Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator; Don C. Myers, Assistant County
Administrator; Thomas S. Haislip, Director, Parks and Recreation; Paul M. Mahoney,
County Attorney; Mary H. Allen, Clerk to the Board; and Ann Marie Green, Public
Information Officer.
On behalf of Roanoke County officials, Chairman Johnson welcomed Roanoke
City officials and staff to the meeting, and advised that Roanoke County was pleased
to host the meeting at Virginia's Explore Park in the newly opened Arthur Taubman
Welcome Center.
UPDATE ON EXPLORE PARK:
Roger F. EIImore, Executive Director, Virginia's Explore Park, called attention
to the following completed projects at Explore Park:
63
Horse and Wagon Program,
Mountain Union Church,
Brugh Tavern,
Roanoke River Parkway,
Arthur Taubman Welcome Center, and
Five miles of mountain bike trails.
He explained that programming in Explore Park has been converted to conform with
the Standards of Learning of the State Department of Education.
Mr. EIImore advised that beginning May 1, Explore Park will be open seven
days a week and the season will end on November 1; however, now that the Arthur
Taubman Welcome Center and Brugh Tavern is open, the Park will remain open year
round as long as the Blue Ridge Parkway is open. He stated that on May 15 - 17, an
Indian Pow-Wow was held which attracted 3900 persons and a bike festival was held
on June 14 with 1200 persons in attendance. He explained that paid attendance from
April 3 to June 30 is 46 per cent over 1997 attendance, and revenue is 81 per cent
over last years' figures. He noted that Brugh Tavern has been open seven days a
week since April 27 and business at both lunch and dinner has been good. He
explained that the next project will be construction of the grist mill which is an
operating mill that came out of Franklin County; and a project will be completed in
conjunction with the Harrison Museum of African-American Culture which will
enable Explore Park to open a new avenue of programming featuring river culture.
He advised that $350,000.00 was received from the Commonwealth of Virginia for
infrastructure needs in Explore Park and an education center will be constructed in
approximately one year.
UPDATE ON REGIONAL DETENTION FAClI, ITY:
George C. Snead, Jr., Roanoke City Director of Public Safety, advised that
since Council and the Roanoke County Board of Supervisors adopted measures
creating a Regional Juvenile Detention Facility Commission, the project team has
focused on issues to obtain more State funds and to prepare a comprehensive plan
to transition the present facility to a regional facility. He explained that by May 26,
all of the administrative applications and proposals were submitted to the regional
office to insure inclusion on the July agenda for the State Board of Juvenile Justice,
and staff is working with the State Department of Juvenile Justice in an effort to
increase State funding closer to the maximum reimbursable amount of $52,000.00
per bed. He stated that the project was initially funded by the State at about $3.7
million which is in the range of $46,000.00 - $47,000.00 per bed. He called attention
to discussions with the capital outlay architecta/engineers in Richmond with regard
to the nature of the project and the portion of the existing facility that would have to
be taken down to the ground level in order for the architect to get a better grasp of
the nature of the project, and based on a better understanding of the scope of the
project, approximately $302,000.00 in additional State funds will be provided which
will decrease the per diem rate and the cost of operations for each jurisdiction. He
explained that on July 15, a team representing each jurisdiction will appear before
the State Board of Juvenile Justice to answer questions on the formal application
and to enlist support and a commitment to include the project in State capital
budgeting over the next two years. He advised that it is proposed to move from a
21 bed facility to an 81 bed facility to meet regional needs, the construction project
is estimated to cost approximately $8.2 million, during late July/early August, a
regional commission is proposed to be appointed based on the agreement that has
been approved by all of the jurisdiCtions, and the goal is to complete the
architectural/engineering plan for review by the State Department of Criminal Justice
and the State Department of Juvenile Justice in order to obtain approval, advertise
the project, select a contractor and begin the construction project in December 1998.
He stated that the construction project will be complicated because the 21 bed
facility will continue to operate until a portion of the new beds are occupiable and
then portions of the old structure will be demolished. He explained that it is hoped
to have the project to the point where some of the initial new beds will be created
approximately 12 months from the start of construction and to complete the project
by June 2000. He stated that each jurisdiction, i.e.: Roanoke County, the City of
Roanoke, the City of Salem, Botetourt County and Franklin County, each, have two
representatives on the transition team, the transition team has prepared the project
agenda and deadline to keep the project on target, and the transition team will meet
regularly in partnership with the commission to move the project forward. He further
stated that the funding mechanism is to create a business that will serve the five
jurisdictions for juvenile detention purposes, to create a per diem rate, and a portion
of the per diem rate will be based on what it costs to retire the debt, costs to operate
the facility, and each jurisdiction will pay the per diem rate to fund the operation of
the facility. He advised that Botetourt County is the host jurisdiction where the
facility is physically located and by serving as host jurisdiction, Botetourt County
has the right to use the facility and wishes to be a full fledged participant.
An engineering sketch of the facility was displayed.
Council Member Wyatt advised that the new facility offers the opportunity to
make changes at crucial times in the lives of children; and it is vital that staff receive
appropriate training to address the various needs of the children who occupy the
facility.
65
STATUS REPORT ON THE PROPOSED REGIONAL TEEN CENTER:
Thomas S. Haislip advised that a committee composed of Roanoke City's
Office on Youth, Parks and Recreation staff from Roanoke City and Roanoke County,
and Downtown Roanoke, Inc., has met over the past three months in regard to the
proposed regional teen center. He stated that a teen forum will be held on July 23
at Virginia Western Community College and a letter of invitation was sent to
approximately 56 community organizations that serve teens in the Roanoke Valley,
in conjunction with the Brambleton Teen Center, the City's Adventures in the Park
Program, and the City's Office on Youth to compile information on what teens are
looking for in a regional teen center. He advised that following the July 23 meeting,
all information will be compiled to be followed by a full report and recommendation
to the two governing bodies.
The Mayor advised that the City of Roanoke will join in the America's Promise
Program, an outgrowth of the Philadelphia conference that was held approximately
one and one-half years ago in which cities and counties across the nation are joining
in a program designed for at risk children, or those children who find themselves at
risk between the hours of 3:00 and 5:00 p.m. He stated that the purpose of the
program is to develop, over a period of time, programs like those operated at the
West End Center and the Presbyterian Community Center which are after school-
type programs for youth. He suggested that the America's Promise Program might
be a component of the Regional Teen Center, and encouraged Roanoke County to
join with Roanoke City in making the America's Promise Program a Roanoke Valley
Program.
NEW CENTURY REGION ECONOMIC DEVELOPMENT PROJECT:
The Mayor advised that the New Century Council proposed a regional
economic development project which has since become known as the New River
Valley Regional Industrial Park, and Roanoke City's representative to the study
committee is Council Member James O. Trout.
Mr. Trout advised that Senator Malfourd W. Trumbo was instrumental in
developing legislation that would spearhead regional cooperation in the New River
Valley which mainly came about as the result of the work of the New Century
Council. He stated that the concept was to combine 1000 - 2000 acres of land and
form regional partnerships that would be operated by an authority. He explained
that three working committees were established, i.e.: Site Selection and
Development Committee, Agreement Committee, and Marketing Committee. He
advised that the proposed agreement has been completed and forwarded to the
66
attorneys of the participating localities, and each member locality has two votes on
the authority. He called attention to a September deadline for funding from the
Commonwealth of Virginia, and advised that it is hoped that the New River Valley
Industrial Park will receive at least $1 million to get the project underway.
Chairman Johnson advised that Roanoke County has discussed the concept
of merging Roanoke County and Roanoke City Economic Development staffs, and
suggested that. the City Manager and the County Administrator review the matter.
He explained tha~Roanoke County's Economic Development staff consists of five
employees and a $750,000.00 budget, and if the two departments were consolidated,
duplication of efforts would be eliminated while saving tax dollars.
The Chairman advised that correspondence from Roanoke County would be
forwarded to Mayor Bowers.
COMMENTS BY ROANOKI~ CITY COUNCIL AND THE ROANOKE COUNTY
BOARD OF SUPERVISORS:
Council Member Swain referred to an article in The Roanoke Times in regard
to construction of a monument in Pinkard Court depicting the history of the area.
He inquired if a schematic drawing of the monument is available for review.
Elmer C. Hodge, Roanoke County Administrator, advised that the County's
Public Information Officer is working with the Harrison Museum of African-American
Culture in regard to history and artifacts of the Pinkard Court area, and a schematic
rendering should be available for review in approximately one month.
There being no further business, the Mayor declared the Roanoke City Council
meeting adjourned at 1:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
67
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 20, 1998
12:15 p. m.
The Council of the City of Roanoke met in regular session on Monday, July 20,
1998, 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, Re_eular Meetin_~, 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, William White, Sr., Linda F. Wyatt, C. Nelson Harris 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. ..
CITY SHERIFF-CITY JAIL: The Honorable George M. McMillan, Sheriff,
presented a briefing on the Prisoner Work Program. He advised that there are three
work crews which consist of three to six inmates supervised by one deputy sheriff
assigned to perform community work projects. He explained that the paint crew has
cleaned and painted all of the public restrooms, shelters and cooking grills in the
City's parks since program inception; as well as projects at Victory Stadium, Mill
Mountain Park, six recreational centers, Shaffers Crossing, Roanoke Police Fire
Arms Range, five C.O.P.E. Offices (Community Oriented Policing Efforts), and Fire
Station No. 13. He stated that the work crew has mowed and edged the sidewalk
along the Route 460 Corridor from the east City limits to the west City limits and has
recently undertaken a monthly project of cleaning the Roy L. Webber Expressway
from Community Hospital to Tanglewood Mall. He further stated that the garage
crew is responsible for washing and cleaning the interior of City vehicles, in addition
to performing other clean up work at the City Garage which allows garage personnel
the freedom to perform more important tasks. He presented slides and an
information report on certain projects that have been completed over the past two
years.
68 /
Sheriff McMillan explained that ongoing projects include maintenance of
Roanoke City Parks, edging and mowing of sidewalks along Route 460, Adopt-a-
Highway Program, boxing of books which are sent to Africa, cleaning and painting
the chain link fence around Roanoke City parks and other City properties, and
various tasks at the City Garage.
The Sheriff called attention to savings to the taxpayers of Roanoke City as a
result of the Prisoner Workforce Program, and advised that last year, 1,976 hours of
service were documented, and computed to a minimum wage of $5.15 per hour, the
program saved the City approximately $101,000.00. He advised that a vehicle was
purchased using inmate telephone commission money which saved the City
approximately $18,600.00; and the garage crew saved the City approximately
$57,200.00 by washing City vehicles, therefore, a total of $217,210.00 in tax dollars
were saved during fiscal year 1997-98.
Sheriff McMillan advised that it is proposed to expand the work crews in the
next fiscal year, by requesting additional funds from the State, the State funded 12
additional positions and one of those positions will be targeted toward increasing
the work crews to four. He added that beginning in November, the third work crew
will assist with neighborhood programs throughout the City, i.e., cleaning, trash
removal, mowing grass, etc,, and a fourth work crew will participate in a program
geared at interdiction of habitual drunkards which will include a work program
during the day, with inmates housed in a therapeutic housing unit at night where
they will receive counseling, with the goal of returning these individuals to the
community as productive members of society, and the program will not involve City
funds, but will require Council's approval.
The Mayor referred to his State of the City Address regarding the America's
Promise Program, and requested that the City Manager involve the Sheriff's Office
in the City's program (Roanoke's Promise).
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Monday, July 20, 1998, 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.
69
PRESENT: Council Members W. Alvin Hudson, Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris 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 Cedric E.
Malone, Pastor, Greater Mt. Zion Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a Proclamation
declaring August 4, 1998, as "National Night Out", which is a
nationwide crime, drug, and violence prevention program sponsored
by the National Association of Town Watch.
(For full text, see Proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Lucy Walton, 1998
Relay for Life Co-Chair, American Cancer Society, presented the Mayor
with a plaque in appreciation of the City's support of the American
Cancer Society's Relay for Life.
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 a request for an Executive Session to
discuss and consider personnel matters with regard to vacancies on
various authorities, boards, commissions and committees appointed
by the Council.
70
ACTION:
ACTION:
MINUTES: Minutes of the Public Interviews of School Board
candidates which were held on Thursday, April 23, 1998; and Special
Meetings of City Council which were held on Thursday, April 30, 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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 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:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
ROANOKE ARTS COMMISSION-TRANSPORTATION SAFETY-
PENSIONS-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
71
Sherlie S. Doherty as a member of the Roanoke Arts
Commission for a term ending June 30, 2001;
Jerry W. Caldwell as a member of the City of Roanoke
Transportation Safety Commission for a term ending
October 31, 2000; and
E. Douglas Chittum as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2002.
ACTION:
(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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... O.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
GREENWAY SYSTEM: Lucy Elliott, Member, Roanoke Valley
Greenway Commission, presented the first Annual Report of the
Roanoke Valley Greenway Commission. She expressed appreciation
for the City's support as the project has progressed through a system
of trails which will enhance the quality of life in the community and will
open opportunities for recreation, economic development and
preservation of the environment. She advised that the first trails are in
various stages of construction, and other major pieces of the plan
include the proposed greenway in Roanoke County and the City of
Salem extending from Greenhill Park along the river to the intersection
of Route 419 and Apperson Drive; and another major piece along the
Roanoke River could come about as a result of the flood reduction
project, and a two to three mile trail running through Wasena and Smith
Parks and continuing down the Roanoke River toward the Sewage
Treatment Plant. She stated that funding for the Greenway
Commission is provided by the four Roanoke Valley localities on a per
72
capita basis and the money is used to fund the position and operate the
office of the Greenways Coordinator. She added that the greenway
movement continues to generate enthusiasm from citizens resulting in
a major volunteer effort to promote greenways in the Roanoke Valley.
She advised that the greenway system is not just a Roanoke City
project, although the City has provided a major leadership role, and
from the beginning a valley-wide approach has been taken and all
commission members and volunteers have been supportive of the
greenway segments as they have developed, regardless of the
jurisdictions. She emphasized the importance of interjurisdictional
cooperation and advised that there have been requests to expand
beyond the four Roanoke Valley localities, but at this point it is believed
that no additional projects should be commenced in order to insure
that the current plan continues to be implemented. She presented copy
of a recently printed brochure which will be used to educate the general
public about the greenway project and to stimulate interest in Path
Finders for Greenways, a non-profit citizen volunteer group supporting
greenways. She requested Council's continued support, both
financially and through encouragement, in the coming year by
including greenways whenever possible in future planning for the City.
More specifically, she asked that easements for greenways be secured
when drainage easements are obtained as a part of the flood control
project, as well as other opportunities in connection with road
improvements, and utility routes.
The Mayor requested a status report on the trail from Elmwood
Park to Walnut Street Bridge to Mill Mountain Park and from St.
Andrews Catholic Church to Lick Run across the new bridge at 1-581
leading to the Valley View Mall property; whereupon, the Director of
Public Works advised that a report will be provided following receipt of
more specific information from the City Engineer.
The Mayor inquired about the City's efforts to obtain easements
by connecting greenways to the sewer interceptor project. He called
attention to the stretch of land on the south side of the Roanoke River
from the Ninth Street Bridge around to Buzzards Roost at the Sewage
Treatment Plant at 13th Street which is a part of the sewer interceptor
program and not the flood reduction program, and inquired if a
greenway could be developed in that area since the land cannot be
developed for any other purpose.
73
Following further discussion, the Mayor raquested that Council
be provided with a report on greenway development within 60 days.
Council Member Swain requested that the City Manager's report
include information with regard to public input received by the City
Planning Department on greenways.
With the understanding that an update will be provided on
greenway development within 60 days, it was the consensus of Council
that the Annual Report of the Roanoke Valley Greenways Commission
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.
$35,000.00 for the 1998-99 Regional Adult Education
Specialist Program to provide ancillary and support
services for the Adult Literacy and Basic Education
Program in the planning district; the continuing program
will be reimbursed one hundred percent by State funds;
$37,212.00 for the 1998-99 Adult Education in the Jails
Program to provide instruction to inmates in the Roanoke
City and Roanoke County Jails to aid in their acquisition
of the GED certificate; the continuing program will be
reimbursed by Federal funds amounting to $34,857.00 and
jail funds in the amount of $2,345.00;
$116,858.00 for the 1998-99 Regional Adult Literacy (TAP)
Program to provide for the administration of adult literacy
programs; the continuing program will be subcontracted
through Total Action Against Poverty (TAP) and Federal
funds will pass through the Roanoke City Schools;
$7,772.00 for the 1998-99 GED Testing Program to provide
instructors for GED preparation classes and for the
administration of the GED examinations; the continuing
program will be funded with student fees;
74
ACTION:
$4,673.00 for the 1998-99 Opportunity Knocks (GED)
Program to provide instruction for the General
Educational Development (GED) Examination for young
adults; the program operates under an Agreement of
Understanding with the Fifth District Employment and
Training Consortium to address GED preparation needs of
participating youth; the continuing program will be funded
with fees charged to participants;
$1,251,670.00 for the 1998-99 Alternative Education
Program to provide alternative curriculum and training for
high risk students; the continuing program will be
reimbursed by State funds in the amount of $57,802.00,
with a local match of $1,193,868.00;
$79,481.00 for the Homeless Assistance Program to
provide instructional services to homeless students; the
continuing program will be funded by Federal funds
amounting to $48,847.00, with a local match of $30,634.00;
and
$75,000.00 for Huff Lane MicroVillage School
improvements; funding has been provided by a third party
donation.
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:
(#33933-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Fund and School Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
Mr. Trout moved the adoption of Ordinance No. 33933-072098.
The motion was seconded by Mr. Harris and adopted by the following
vote:
75
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Council Member White expressed concern with regard to certain
school buildings where there appears to be a problem with exterior
maintenance, and inquired if thers are sufficient maintenance funds in
the School budget for this purpose.
William L. Murray, Jr., Director of Business Services, Roanoke
City Schools, responded that there are adequate funds in terms of the
budget that the School Board approved. He advised that if there are
specific sites in need of maintenance, he would provide the information
to the Superintendent of Schools; whereupon, Mr. White stated that
specific locations were reported to Richard L. Kelley, Assistant
Superintendent for Operations, which locations appear to have suffered
from neglect over a period of time.
Council Member Swain raised questions with regard to the
Alternative Education Program, and requested specific information on
alternative education curriculum, behavioral techniques, and student
success statistics. He suggested that alternative education students
be selected at random to provide Council with their perspective of the
program.
The Mayor advised that Council will meet with the Roanoke City
School Board on August 17 for the annual summer meeting, and
requested that the City Clerk include the above listed matters on the
agenda for discussion, in addition to an item regarding maintenance of
equipment as requested by Council Member Wyatt.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
76
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that the Roanoke Redevelopment and Housing
Authority has administered a variety of HOME Programs for the City,
including housing rehabilitation and homebuyer assistance; Council
authorized the Roanoke Redevelopment and Housing Authority's 1998-
99 HOME activities and funding as a part of the Annual Update to the
Consolidated Plan (Annual Update) approved for submission to the
U. S. Department of Housing and Urban Development (HUD) on May 11,
1998, pursuant to Resolution No. 33830-061598; Council accepted 1998-
99 HOME funds on June 15, 1998, pending receipt of the approval letter
from HUD, by adopting Resolution No. 33877-061598 and Budget
Ordinance No. 33876-061598; and HUD approval of the Annual Update
is forthcoming and the letter of approval is completing the routine
Congressional release process.
It was further advised that a total of $633,018.00 in HOME funds
has been budgeted for the RRHA's 1998-99 HOME Agreement;
$40,000.00 in HOME funds are budgeted for the RRHA's 1998-99 general
administrative costs relating to HOME-funded activities; an additional
$135,954.00 in Community Development Block Grant (CDBG) funds for
staff and other support costs directly attributable to delivering the
HOME activities is being budgeted under a separate CDBG Agreement
with the Housing Authority; HOME funds require a 12.5% match, which
does not apply to "administrative"or to Grant Year 1992 funds; the
match requirement for the RRHA contract will be $42,741.00; no outlays
of City funds will be needed to meet the match requirement; and
Council must approve execution of an Agreement with the Roanoke
Redevelopment and Housing Authority in order to implement the HOME
activities and to permit payment to the RRHA for costs incurred.
The City Manager recommended that he be authorized to execute
the 1998-99 HOME Agreement with the Roanoke Redevelopment and
Housing Authority and amendments thereto, if necessary, to be
approved as to form by the City Attorney within the limits of funds and
the purposes set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
77
(#33934-072098) A RESOLUTION authorizing the appropriate City
officials to enter into the 1998-99 HOME Investment Partnership (HOME)
Program Agreement, and any necessary amendments thereto, with the
Roanoke Redevelopment and Housing Authority, upon certain terms
and conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 60.)
Mr. Trout moved the adoption of Resolution No. 33934-072098.
The motion was seconded by Mr. Harris.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if the
houses are currently under construction, if not, when will construction
begin, and where are the houses to be located.
Frank E. Baratta, Grants Compliance Officer, advised that the
activity is included in the Gainsboro Lot Acquisition and
Homeownership Initiative, the activity has been pending for over two
years and involves the Roanoke Redevelopment and Housing Authority
rehabilitating two houses located at 12 and 18 Gilmer Avenue, N. E.,
which are the two houses that were moved from behind The Hotel
Roanoke. He stated that the other two properties~that will complete this
activity have not been identified at this time and funding was intended
to either acquire parcels, engage in construction, or provide financing
assistance to eligible home buyers.
Resolution No. 33934-072098 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-DOWNTOWN ROANOKE,
INCORPORATED: The City Manager submitted a written report advising
that the Roanoke City Police Department's Mounted Patrol Unit was
formed in partnership with Downtown Roanoke, Inc., in September,
1993; Downtown Roanoke, Inc., formed a separate not-for-profit tax
exempt organization, Roanoke Foundation for Downtown, Inc.,
(Foundation) to assist Downtown Roanoke, Inc., in raising funds for the
Mounted Patrol Unit; and as of June 30, 1998, Downtown Roanoke, Inc.,
and the Foundation have fulfilled their original commitment to the City
by providing five years of financial assistance for the Mounted Patrol
Unit.
78
ACTION:
The City Manager further advised that Council authorized
$15,000.00 as part of the fiscal year 1998-99 adopted General Fund
budget for expenses associated with operation of the Police
Department's Mounted Patrol Unit; funds for the Mounted Patrol Unit
need to be provided to the Foundation to continue to provide funding
for expenses associated with the Mounted Patrol Unit; an
administrative agreement ia necessary for the funds to be obligated to
the Foundation for the time period of July 1, 1998 through June 30,
1999, and shall be renewable for two successive terms of one year
each; and the agreement requires the City to indemnify the Foundation
and Downtown Roanoke, Inc., if City employees or agents are guilty of
negligent or intentional acts with respect to said agreement.
The City Manager recommended that he be authorized to execute
the agreement and amendments thereto, if necessary, with Downtown
Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., to be
approved as to form by the City Attorney, within the limits of funds set
forth in the report and for the purposes specified therein.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33935-072098) A RESOLUTION authorizing an agreement with
Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc.,
for the continuation of the Mounted Patrol Unit of the Police
Department.
(For full text of Resolution, see Resolution Book No. 61, page 61.)
Mr. Trout moved the adoption of Resolution No. 33935-072098.
The motion was seconded by Mr. Harris 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 out of the Council Chamber.)
79
HIGHER EDUCATION CENTER: The City Manager submitted a
written report advising that the 1997 Virginia General Assembly
adopted Chapter 813 of the 1997 Acts of Assembly establishing the
Roanoke Higher Education Authority to be effective July 1, 1998; the
Roanoke Higher Education Authority is responsible for expanding
access to higher education and workforce training in the Roanoke
Valley by establishing the Roanoke Higher Education Center with such
funds as are appropriated or made available for this purpose; and the
1998 Virginia General Assembly approved $5,379,000.00 during the first
year of the biennium for the Authority to establish the Roanoke Higher
Education Center and provided $62,500.00 in fiscal year 1998-99 and in
fiscal year 1999-2000 each for operation of the Authority.
It was further advised that on July 16, 1998, the Authority held an
organizational meeting and recommended that a formal request be
made to the City to appoint the Director of Finance to serve as a
temporary fiscal agent, with authority to establish a discrete
participating account or agency fund within the City Accounting
System and to receive such funds of any type which have been
designated for the Authority; funds established in this account shall
earn interest based upon the accounts average daily cash balance in
the account, all in accordance with the standard operating and
accounting procedures of the City of Roanoke Consolidated Account;
the City shall have charge and custody of all funds and will make such
funds available to the Authority, or its designee, upon written request
from the Chairman of the Authority; the Director of Finance shall
produce checks for expenditures of the Authority and shall create such
checks only upon the written request of the Chairman of the Roanoke
Higher Education Authority, or his designee, as appointed in writing;
and a monthly statement of receipts and disbursements may be made
available to the Chairman of the Authority upon request to the Director
of Finance.
The City Manager recommended that Council authorize the
Director of Finance to serve as temporary fiscal agent for the Roanoke
Higher Education Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
80
ACTION:
(#33936-072098) A RESOLUTION authorizing the Director of
Finance to serve as the temporary Fiscal Agent for the Roanoke Higher
Education Authority.
(For full text of Resolution, see Resolution Book No. 61, page 61.)
Mr. Trout moved the adoption of Resolution No. 33936-072098.
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: None ....................................................................... 0.
Mr. Trout moved that the Director of Finance be authorized to
serve as temporary Treasurer and that the City Attorney be authorized
to serve as temporary Attorney for the Roanoke Higher Education
Authority. The motion was seconded by Mr. Hudson and unanimously
adopted.
At the request of Council Member White, it was the consensus of
Council that the Director of Finance will compile a list of in-kind City
contributions of legal and financial services provided to the Roanoke
Higher Education Authority.
Council Member Swain requested specific information on the
Roanoke Higher Education Authority, i.e.: membership, localities
represented, etc.
SEWERS AND STORM DRAINS-BUDGET-CONSULTANTS
REPORTS-WATER RESOURCES: The City Manager submitted a written
report advising that the Garden City neighborhood experienced
extensive flooding on June 28, 1995; several significant drainage
problems have existed for many years along the Garnand and Gum
Spring Branches located in the Garden City neighborhood; and the
Garden City Phase 3 Drainage Projects are included in the Capital
Improvement Program (CIP), approved by Council on July 21, 1997.
It was further advised that Council is requested to appropriate
funds for the Garden City Phase 3 Drainage Project design; an
advertisement for consultant services for the Design for Various
8!
Stormwater Management Projects was published in the January 4,
1998, issue of The Roanoke Time~ and in the January 8, 1998, issue of
The Roanoke Trib~lne; 11 firms responded to the request for proposals
and Hayes, Seay, Mattern & Mattern, Inc., was selected to perform
design services for the Garden City Phase 3 Drainage Project; and the
proposed contract with Hayes, Seay, Mattern & Mattern, Inc., provides
for the engineering design of the Garden City Phase 3 Drainage Project
to stay within the construction and property rights acquisition budget
of $464,500.00.
The City Manager recommended that Council take the following
actions:
Appropriate $135,500.00 from Public Improvement Bonds
Series 2000, Account No. 008-052-9709-9176, to "Garden
City Phase Three Drainage Project";
Adopt a resolution indicating the City's intent to reimburse
itself when the Series 2000 bonds are issued;
Authorize the City Manager to enter into a contractual
agreement with Hayes, Seay, Mattern & Mattern, Inc., to
provide for an engineering design of the Garden City
Phase Three Drainage Project, in the amount of
$119,548.00; and required digital mapping will be provided
by Lumsden Associates, P. C., under a separate
agreement which the City Manager has authority to
execute.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#33937-072098) 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 63.)
Mr. Swain moved the adoption of Ordinance No. 33937-072098.
The motion was seconded by Mr. Trout and adopted by the following
vote:
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AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... O.
Mr. Swain offered the following resolution:
(#33938-072098) 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 in connection with the Garden City Phase 3 Drainage Projects;
and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 64.)
ACTION:
Mr. Swain moved the adoption of Resolution No. 33938-072098.
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: None .................................................................... 0.
Mr. Swain offered the following resolution:
(#33939-072098) A RESOLUTION authorizing a contract with
Hayes, Seay, Mattern & Mattern, Inc., for engineering services needed
for the Garden City Phase 3 Drainage Project.
(For full text of Resolution, see Resolution Book No. 61, page 65.)
ACTION:
Mr. Swain moved the adoption of Resolution No. 33939-072098.
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: None ....................................................................... 0.
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BUDGET-WATER RESOURCES-EQUIPMENT: The City Manager
submitted a written report advising that funds are designated in fiscal
year 1998-99 operating budgets for Water and Water Pollution Control
Departments to provide for purchase of necessary chemicals to be
used in the operations of said departments; and anticipated cost of the
chemicals on an annual basis, if purchases are made of the estimated
quantities is:
Water Fund:
Sewage Fund:
$317,710.00
$195,922.00
The City Manager recommended that Council accept the lowest
responsible bids for water and waste water treatment chemicals, as
follows:
Liquid Alum from General Chemical Corporation for the
Carvins Cove facility, at a cost of $.365715 per gal., and
from Alchem, Inc., for the Falling Creek facility, at a cost
of $.378516 per gal.;
Liquid Chlorine from Jones Chemicals, Inc., at a cost of
$17.60 per cwt. for 150 lb. cylinders and $13.575 per cwt.
for 2,000 lb. cylinders;
Sodium Fluoride from Prillaman Chemical Corp. at a cost
of $.645 per lb.;
Ferric Chloride from Eaglebrook, Inc., at a cost of $.4633
per gal.;
Sulfur Dioxide from Jones Chemicals, Inc., at a cost of
$366.81 per cylinder;
Sodium Hydroxide from Prillaman Chemical Corp. at a
cost of $.91 per gal. for Carvins Cove and $1.05 per gal. for
Falling Creek;
Hydrofluosilica Acid from Prillaman Chemical Corp. at a
cost of $.64 per gal.;
Sodium Bi-Sulfate from Prillaman Chemical Corp. at a cost
of $1.02 per gal.;
84
Orthophosphate from Southchem, Inc., at a cost of $3.76
per gal.;
Polymer Praetol from Control Equipment Co., Inc., at a
cost of $3.741 per gal.;
Polymer Cat-Floc, TL from Southern, Inc., at a cost of
$4.51 per gal.;
PASS from Control Equipment Co., Inc., at a cost of $4.371
per gal.; and
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#33940-072098) A RESOLUTION accepting bids for water and
sewage treatment chemicals for fiscal year 1998-1999, and rejecting
other bids.
(For full text of Resolution, see Resolution Book No. 61, page 66.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 33940-072098.
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: 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 the
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
fiscal year 1997 Grant has provided funding for police bicycles and
85
police overtime to the City, with guidance on the location of enhanced
patrol provided by an Advisory Board of citizens and City officials,
which program became operational on May 22, 1998.
It was further advised that the Roanoke City Police Department
has requested to apply for funds under this block grant to continue the
program of enhanced bicycle patrol; the grant requires that the funds
supplement rather than supplant local monies; and the grant
application specifies that the funds will be used for (1) paying overtime
to presently employed law enforcement officers for the purpose of
increasing the number of hours worked by such personnel and (2)
procuring equipment and other materials directly related to basic law
enforcement functions.
It was explained that the Bureau of Justice Assistance has
advised that the City is eligible to apply to the Bureau of Justice
Assistance for a direct award of $141,964.00; the award would require
a cash matching fund amount of $15,774.00; grant requirements
provide that funds be placed in an interest bearing account; local
match funds are available in the Police Department's Federal Asset
Forfeiture Distributions Investigations and Rewards Account No. 035-
050-3304-2150; and a Grant Advisory Board of Citizens and Public
Officials was developed for last year's grant and will be utilized to
identify and prioritize specific areas or neighborhoods to receive the
additional police patrol.
The City Manager recommended that Council apply for funds
from the Local Law Enforcement Block Grant; and that he be authorized
to execute all appropriate documents to obtain funding through the
Local Law Enforcement Block Grant Program administered by the
Bureau of Justice Assistance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33941-072098) A RESOLUTION accepting a certain Law
Enforcement Block Grant from the United States Department of
Justice's Bureau of Justice Assistance and authorizing execution of
any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 61, page 68.)
86
ACTION:
Mr. Harris moved the adoption of Resolution No. 33941-072098.
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: None ....................................................................... 0.
BUDGET-GRANTS-YOUTH-SCHOOLS: The City Manager
submitted a written report advising that the U. S. Department of
Agriculture (USDA) has solicited applications from municipalities to
participate in the 1998 Virginia Summer Food Service Program; the
purpose of the program is to provide nutritionally balanced, healthy
meals to children, ages 1 through 18, of Iow-income families at
designated sites within the City during the summer months of 1998; the
Virginia Summer Food Service Program is similar in concept to the
National School Lunch Program, with eligibility requirements similar to
those used to determine eligibility for free or reduced price meals
during the school year; Roanoke operated the program in 1993 - 1997;
and the need for the program and potential operational plans were
originally explored and developed by a task force of the City Manager's
Human Development Steering Committee.
It was further advised that a grant application for the Virginia
Summer Food Service Program has been prepared by the City's Office
on Youth on behalf of the City of Roanoke for consideration by the U. S.
Department of Agriculture for funding for the period of June 22, 1998
through August 21, 1998; approximately 950 daily meals (breakfast and
lunches are proposed for youths at 19 participating sites); and the
Directorate of Human Development will administer the project in
conjunction with the Office on Youth and in collaboration with
departments/agencies such as Parks and Recreation, Roanoke City
Schools, Roanoke Redevelopment and Housing Authority and Total
Action Against Poverty.
The City Manager recommended that Council accept the grant
award and that he be authorized to execute all documents necessary
to accept the grant from the U. S. Department of Agriculture, in an
amount not to exceed $125,241.00; that the Director of Human
Development be authorized to negotiate and execute a contract for food
services with Roanoke City Schools, as well as appropriate
87
interdepartment agreements with Parks and Recreation, and agency
agreements with the Roanoke Redevelopment and Housing Authority,
Total Action Against Poverty and the Young Men's Christian
Association, all agreements and contracts are to be in a form approved
by the City Attorney; and appropriate $125,241.00 in Federal funds and
$15,245.00 in local match to accounts to be established in the Grant
Fund by the Director of Finance and to establish revenue estimates in
the Grant Fund.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33942-072098) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant and General Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book,No. 61, page 68.)
Mr. Harris moved the adoption of Ordinance No. 33942-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... O.
Mr. Harris offered the following resolution'
(#33943-072098) A RESOLUTION endorsing the grant application
made on behalf of the City of Roanoke to the United States Department
of Agriculture for the 1998 Summer Food Service Program, accepting
the subsequent grant award, authorizing execution of the necessary
documents in connection with the grant, and authorizing the
negotiation and execution of the appropriate agreements.
(For full text of Resolution, see Resolution Book No. 61, page 70.)
Mr. Harris moved the adoption of Resolution No. 33943-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
88
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................ 7.
NAYS: None ....................................................................... 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted
a written report advising that VlSSTA (Virginia Institute for Social
Services Training Activities) is a collaborative effort between the
Virginia Department of Social Services and Virginia Commonwealth
University' which coordinates and provides training activities for Social
Service employees; effective July 1, 1998, the Roanoke City Department
of Social Services assumed administration of the Piedmont Area
Training Center for the VlSSTA Program and relocated the office and
staff from Montgomery County to Roanoke City; and the VlSSTA
Program has expanded its activities to include Child Care Provider
Training and wishes to contract with the PiedmOnt Area Training Center
to provide assistance with 40 Child Care Provider Trainings for fiscal
year 1998-99.
It was further advised that in order to contract to provide
assistance with Child Care Provider Training for the Piedmont Region,
the City needs to execute an agreement with the Virginia Department
of Social Services, the State will reimburse the City at 100% of costs,
not to exceed $25,000.00 for fiscal year 1999, for providing assistance
with 40 Child Care Provider Trainings, upon certain terms and
conditions; and expansion of the VlSSTA Program to include Child
Care Provider Training will have a positive economic impact on the
City.
The City Manager recommended that he be authorized to execute
a contract with the Virginia Department of Social Services to provide
assistance with Child Care Provider Training through the VISSTA
Piedmont Area Training Center; that Council appropriate $25,000.00 to
VISSTA Cost Center 001-054-5318-2066; and increase General Fund
revenue estimates by $25,000.00 in VISSTA Account No. 001-020-1234-
0671.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
89
ACTION'
(#33944-072098) 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 71.)
Mr. Harris moved the adoption of Ordinance No. 33944-072098.
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: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#33945-072098) A RESOLUTION authorizing the City Manager to
execute a contract with the Virginia Department of Social Services to
provide assistance with Child Care Provider Training through the
VISSTA Piedmont Area Training Center, upon certain terms and
conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 72.)
Mr. Harris moved the adoption of Resolution No. 33945-072098.
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: None ....................................................................... 0.
CITY ATTORNEY:
CITY ATTORNEY-CITY EMPLOYEES-HUMAN DEVELOPMENT:
The City Attorney submitted a written report announcing the
appointment of Allen T. Wilson as Assistant City Attorney I, effective
August 3, 1998, and advised that this full-time position recently
authorized by Council will provide additional legal representation to the
Department of Social Services.
90
ACTION:
(For full t~xt, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-CITY PROPERTY-COMMONWEALTH OF VIRGINIA
BUILDING: 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 replacement of wood
windows in the Commonwealth Building, 210 West Church Avenue;
whereupon, he recommended that Council approve the following
actions:
Authorize the City Manager to enter into a contractual
agreement, in a form approved by the City Attorney, with
PNC Corporation of Ashland, Virginia, for 120 consecutive
calendar days in accordance with contract documents as
prc~pared by the Office of City Engineer;
Create a capital account entitled, "Replace Windows in the
Commonwealth Building" as follows:
From 1997-98 CMERP
$85,000.00
From Building Maintenance
Account No. 001-052-4330-3057
13.711.00
$98,711.00
Reject all other bids received by the City.
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 ordinance:
(#33946-072098) AN ORDINANCE accepting the bid of PNC
Corporation of Ashland, Virginia, for the replacement of wood windows
in the Commonwealth Building with aluminum windows, upon certain
9!
ACTION:
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 73.)
Mr. Swain moved the adoption of Ordinance No. 33946-072098.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS:
Mr. Hudson offered the following resolution memorializing Samuel G.
Oakey, II, civic leader:
(#33947-072098) A RESOLUTION memorializing the late
Samuel G. Oakey, II.
(For full text of Resolution, see Resolution Book No. 61, page 74.)
Mr. Hudson moved the adoption of Resolution No. 33947-072098.
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: None ....................................................................... 0.
TELEPHONE EQUIPMENT-WATER RESOURCES: Ordinance No.
33907, authorizing the proper City officials to enter into a Lease
Agreement between the City and Virginia PCS Alliance, L. C., a Virginia
92
ACTION:
Limited Liability Company, for use of the Grandin Court Elevated Water
Tank No. 1 and site located at the dead end of Creston Avenue, S. W.,
for placement, operation, and maintenance of Personal Communication
System antennas and related equipment, for a four year period, with up
to two five year renewals, effective August 1, 1998, at a rental rate of
$750.00 plus the increase in the Consumer Price Index for the prior year
ending July 31, 1998, per month for such use, having previously been
before the Council for its first reading on Monday, July 6, 1998, 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:
(#33907-072098) AN ORDINANCE authorizing the proper City
officials to enter into a Lease Agreement between the City and Virginia
PCS Alliance, L.C., a Virginia Limited Liability Company, for use of the
Grandin Court Elevated Water Tank No. 1 and site located at the dead
end of Creston Avenue, S. W., for the placement, operation, and
maintenance of Personal Communication System antennas and related
equipment, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 54.)
Mr. Harris moved the adoption of Ordinance No. 33907-072098.
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: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-WATER RESOURCES: Ordinance No. 33925, authorizing
the donation and conveyance of an easement across City-owned
property identified as Official Tax No. 4220316, located at the corner of
Jamison Avenue and 14th Street, S. E., to Appalachian Power
Company, for the purpose of extending the existing overhead electric
power line to provide electric service to an adjacent property, having
previously been before the Council for its first reading on Monday,
July 6, 1998, 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:
93
(#33925-072098) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified by
Official Tax No. 4220316 to Appalachian Power Company, upon certain
terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 55.)
Mr. Harris moved the adoption of Ordinance No. 33925-072098.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-INDUSTRIES-WATER RESOURCES: Ordinance No. 33928,
authorizing the donation and conveyance of an easement across City-
owned property at the Roanoke Centre for Industry and Technology to
Appalachian Power Company, bearing Official Tax No. 7230101, for the
purpose of relocating and extending the existing overhead electric
power line to avoid a proposed future detention basin and to provide
electric service to the City's new horse stables for the mounted patrol,
having previously been before the Council for its first reading on
Monday, July 6, 1998, 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:
(#33928-072098) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property at the
Roanoke Centre for Industry and Technology to Appalachian Power
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 56.)
Mr. Harris moved the adoption of Ordinance No. 33928-072098.
The moticm was seconded by Mr. Hudson and adopted by the following
vote:
94
AYES:' Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
STREETS AND ALLEYS: Council Member Hudson inquired about
the timetable for the repaving of certain City streets; whereupon, the
Mayor requested that the City Manager meet with Mr. Hudson to
discuss the matter.
ZONING-ANIMALS/INSECTS-PARKS AND RECREATION-HUMAN
DEVELOPMENT-REFUSE COLLECTION-PUBLIC WORKS: Council
Member Swain requested a status report on the following items:
removal of junk vehicles from private property,
removal of dilapidated structures,
weed control,
removal of discarded items from rental properties such as
refrigerators, tires, etc.
the City's tree planting program,
cost to the City of collecting lifter,
removal of homeless persons from City streets and,
illegal housing of domestic animals.
The Mayor requested that the City Manager, or his representative,
meet with Mr. Swain to address his concerns.
HOUSING/AUTHORITY: Council Member Trout expressed
concern with regard to the selection process used by the Roanoke
Redevelopment and Housing Authority to hire a new Development
Director.
Following discussion, it was the consensus of Council that the
Mayor will meet with Council Member Trout, Council's Liaison to the
Roanoke Redevelopment and Housing Authority, Willis M. Anderson,
95
Chairman, Roanoke Redevelopment and Housing Authority, and
John T. Baker, Executive Director, Roanoke Redevelopment and
Housing Authority, to discuss ways of improving the lines of
communication.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
HABITAT FOR HUMANITY: In view of the fact that a number of
persons had registered to address Council with regard to the
construction by Habitat for Humanity in the Roanoke Valley of
approximately 34 houses in the Westview Terrace neighborhood, the
Mayor called attention to preliminary discussions with the City Manager
and the City Attorney regarding the City's involvement, if any, in the
matter, and offered that City government serve as a facilitator between
the Westview Terrace neighborhood and representatives of Habitat for
Humanity.
Mr. Kermit Plummer, 1652 Garstland Drive, N. W., advised that
residents of the Westview Terrace neighborhood are in the process of
organizing community meetings to oversee future projects in the
neighborhood; however, at the present time there is no standing
committee. He stated that before responding to the Mayor's offer
regarding City government facilitation, he would prefer to confer with
community representatives. He explained that of primary concern to
the community is the action of Habitat for Humanity to construct
houses in the neighborhood without prior notification to the
community, and a statement made by Habitat representatives that
Habitat was not required to apprise the community of its proposed
construction plans.
After conferring with other representatives of the Westview
Terrace neighborhood, Mr. Plummer advised that residents would be
willing to meet with the City Manager and representatives of Habitat for
Humanity, upon the condition that if an agreement is not reached, the
matter will be brought to Council's attention as expeditiously as
possible.
Gregory Feldman, Chairman, Habitat for Humanity in the
Roanoke Valley, advised that Habitat for Humanity would welcome any
opportunity to meet with residents of the Westview Terrace community.
96
There was discussion with regard to gradittg on the construction
site which is currently underway; whereupon, Council Member Swain
inquired if grading could be delayed until meetings have been held with
neighborhood representatives and Habitat for Humanity; whereupon,
Mr. Feldman advised that it would be necessary to obtain input from the
Habitat for Humanity Building Committee prior to responding.
Mr. Plummer explained that although Westview Terrace property
owners understand the City's position, they are greatly concerned
about the lack of communication by Habitat for Humanity with residents
of the neighborhood. He explained that the project has been planned
for approximately two years, and less than one week ago residents of
the Westview Terrace community were notified of Habitat's proposed
construc,.ion plans through a small number of flyers that were
distributed in the neighborhood.
Mr. Francis Jeffreys, 4351 Woodbridge Avenue, N. W., expressed
concern regarding the lack of notification of residents of Westview
Terrace, and advised that on or about Thursday of last week,
approximately 10 15 flyers were distributed throughout the
neighborhood, while the remainder of the neighborhood received no
notification, and residents were told by Habitat representatives that it
was not required to notify the community. He explained that the
construction project has been under consideration for two years,
residents of the area were not properly informed, and Habitat for
Humanity should cease construction until discussions between the two
groups have taken place.
Ms. Martha Ann Quarles, 1917 Angus Road, N. W., advised that
34 proposed houses are too many for the small parcel of land on
Woodbridge Avenue, and expressed concern that the Habitat houses
will not be compatible with existing houses in the neighborhood. She
inquired as to the percentage of complaints regarding structural
problems on Habitat for Humanity constructed homes and whether
those complaints have been satisfactorily resolved. She stated that
there is also a problem as to whether or not the land is geologically
sound because of caverns, sink holes and debris that was previously
reported to exist. She also expressed concern over Habitat's failure to
notify the community of its proposed construction plans.
97
The Reverend Johnny Stone, 1801 Lynn Street, N. W., expressed
concern regarding the future of the neighborhood, and that the
propose~i houses to be constructed by Habitat for Humanity will not be
compatible with existing houses in the neighborhood which will lead to
devaluation of property.
David Camper, Past President, Habitat for Humanity in the
Roanoke Valley, advised that the average Habitat house is sold for
$44,000.00, and the average City assessment on a Habitat house is in
the range of approximately $60,000.00 to $62,000.00, and Habitat
believes that the proposed houses will be comparable with existing
houses in the neighborhood. He explained that the 34 Habitat houses
are proposed to be constructed in stages, six to be constructed in 1999,
ten by the year 2000, eight in 2001, and another ten in the year 2002. He
stated that if grading on the property is stopped pending discussion of
the matter by Habitat representatives and Westview Terrace
representatives, the contractor advises that to hold the equipment for
two weeks would cost in the range of $10,000.00.
Ms. Angie Clark, 4321 Woodbridge Avenue, N. W., expressed
concern that Habitat for Humanity did not involve the Westview Terrace
community in its building plans; however, as a good faith gesture by
Habitat, construction should be discontinued until discussions are held
with Westview Terrace property owners. She advised that in the past,
Habitat has constructed its houses in more comparable neighborhoods
and houses have been more favorably accepted because Habitat has
constructed two or three houses in the various neighborhoods as
opposed to 34 houses which are proposed for construction in the
Westview Terrace area. She expressed concern regarding a decrease
in property values and spoke in support of a full comparison of all tax
assessments on adjoining properties. She called attention to a rumor
that several of the Habitat houses have been reserved for families
currently residing in the Lansdowne Park housidg development which
is referred to as an area of high crime activities.
Ms. Judy Miran, 4335 Tellico Road, N. W., a real estate broker,
advised that no house is sold on the assessed value of the property,
and explained that houses on Woodbridge Avenue, Lynn Street and
Tellico Road are sold in the range of $78,000.00 to $115,000.00. She
stated th ~t if 34 Habitat for Humanity houses are constructed in the
area it will effect the value of every house within a one mile radius and
will decrease the value of each house by 50 - 75 per cent. She
expressed concern that residents were only recently notified of
building plans by Habitat for Humanity, although Habitat's plans have
been underway for approximately two years.
Ms. Irene Williams, 1657 Garstland Drive, N. W., expressed
concern that the proposed Habitat for Humanity houses will lead to
devaluation of existing properties.
Mr. Lloyd E. Hampton, 4001 Guernsey Lane, N. W., encouraged
Habitat for Humanity to construct the houses on vacant property in the
Gilmer, Center and Loudon Avenue, N. W. area. He stated that his
property is assessed at approximately $100,000.00, and 34 Habitat
houses would decrease property values.
Mr. Eddie Moore, 4333 Woodbridge Avenue, N. W., questioned
the advisability of constructing 34 houses in the area because of
caverns and sink holes, etc., that are reported to run parallel to the
sewer system where the proposed houses are to be constructed.
Property owners inquired if the City's involvement could be in
denying the issuance of permits for infrastructure improvements;
whereupon, the Director of Public Works advised that the City's ability
to deny permits would have to be based on a specific ordinance and as
long as ~ubdivision regulations are in compliance, the City cannot
prohibit the issuance of permits.
Question was raised by property owners as to whether the land
is geologically safe for development, i.e., previously reported caverns,
sink holes, etc.; whereupon, the City Manager advised that to his
knowledge the City has not declared the land to be unsatisfactory for
development. He advised of his willingness to work with the two
groups to determine if there is a role for City government to play, that
considerable time has been spent in researching the issue, and to date,
City staff has been unable to find a role for City government.
Mr. Harris moved that the matter be referred to the City Attorney
to determine the City's legal involvement, if any; that the City Manager
be requested to facilitate discussions between Westview Terrace
representatives and representatives of Habitat for Humanity in the
Roanoke Valley to determine if a compromise can be reached; that
Habitat for Humanity be requested to cease construction on the
building site during the interim time period; and that the City Manager
and the C;ty Attorney report to Council at its next regular meeting on
Monday, August 3, 1998. The motion was seconded by Mr. Hudson.
In connection with the request that Habitat for Humanity cease
construction on the building site pending further discussion by all
parties involved, Mr. Feldman advised that Habitat for Humanity
representatives would caucus by telephone and notify the City and
Westview Terrace representatives accordingly.
The motion was then unanimously adopted.
At 5:35 p.m., the Mayor declared the meeting in recess.
At 5:40 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
99
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. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris left the meeting prior to the Executive Session.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that there is a vacancy on the Virginia Western Community College
Board of Directors created by the ineligibility of Laverne B. Dillon, to
serve another term, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Harriet Lewis.
There being no further nominations, Ms. Lewis was appointed as
a member of the Virginia Western Community College Board of
Directors, for a term ending June 30, 2002, by the following vote:
100
ACTION:
ACTION:
FOR MS. LEWIS: Council Members Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers- ............................................................. 6.
(Vice-Mayor Harris was absent).
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER
AMERICANS: The Mayor advised that there is a vacancy on the League
of Older Americans Advisory Committee created by the resignation of
Corinne B. Gott, 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 appointed as
a member of the League of Older Americans Advisory Committee, for
a term ending February 28, 1999, by the following vote:
FOR MS. HALL: Council Members Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 6.
(Vice-Mayor Harris was absent.)
At 5:45 p.m., the Mayor declared the meeting in recess until
7:00 p.m.
On Monday, July 20, 1998, 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 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: 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. :':
101
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.
HABITAT FOR HUMANITY: The Mayor advised that a proposal of
Habitat for Humanity to construct 34 houses in the Westview Terrace
neighborhood was discussed at the 2:00 p.m., session of Council at
which time the matter was referred to the City Manager to facilitate a
meeting with officials of Habitat for Humanity and the Westview Terrace
community to address neighborhood concerns. He explained that it
has been stated that legally the City of Roanoke may not be able to
intervene on behalf of the neighborhood, and advised that following
considerable discussion, Council referred the matter to the City
Manager and the City Attorney for report to Council at its meeting on
Monday, August 3, to determine the City's legal involvement, if any; to
facilitate discussions between representatives of Habitat for Humanity
and Westview Terrace residents; and that Habitat for Humanity be
requested to stop construction on the site during the interim time
period. He further explained that since the 2:00 p.m. Council session,
he has been advised by David Camper, Immediate Past President,
Habitat for Humanity in the Roanoke Valley, that a majority of the Board
of Directors of Habitat for Humanity has agreed to stop construction on
the site pending further discussions between Habitat and Westview
Terrace neighborhood representatives.
The Mayor then inquired if there were persons present who
would like to address Council in regard to the matter at which time no
citizen expressed a desire to be heard. Therefore, the Mayor advised
that the matter will be addressed at the August 3, 1998 meeting of
Council, which meeting will begin at 2:00 p.m., in the City Council
Chamber.
HEARING OF CITIZENS:
ZONING: Mr. Richard Nichols, representing the Southeast Action
Forum, appeared before Council and read a prepared statement with
regard to concerns of the Southeast Action Forum in connection with
revitalization of the southeast neighborhood and the role of The Rescue
Mission in the community. He advised that The Rescue Mission serves
a vital need in the Roanoke community and it is recognized that
102
Roanoke would be worse off without the programs of The Rescue
Mission to help homeless people and families, but unfortunately, The
Rescue Mission and other facilities like it tend to have negative effects
on surrounding neighborhoods and downtown, therefore, before
Council allows the expansion of The Rescue Mission, southeast
residents request that certain concerns be addressed.
Mr. Nichols stated that a major community concern relates to the
behavior of some Rescue Mission clients, specifically with regard to
loitering, public drunkenness, panhandling, destruction of property,
disorderly conduct, fires in the neighborhood as a result of vagrants
breaking in to unoccupied houses, which environment makes the
southwest neighborhood and the nearby downtown area attractive to
other crimes such as prostitution, drug dealing, robbery and assaults.
He added that numerous businesses have left the southeast area
complaining of loss of clientele due to vagrants frequenting the area.
He requested that Council make an informed decision on expansion
plans of The Rescue Mission that will be in the best interest of the
southeast community, the downtown area and the City of Roanoke as
a whole.
(See communication on file in the City Clerk's Office.)
Ms. Heather Froeschl, 1602 Kenwood Boulevard, S. E., advised
that the Southeast Action Forum does not represent all residents of
southeast Roanoke. She stated that she and her husband founded the
Southeast Neighborhood Watch approximately one year ago, the
organization is composed of over 60 residents, and not all members
agree that The Rescue Mission provides a negative impact on the
community.
A communication from Mary Ellen Goodlatte, Attorney,
representing The Rescue Mission, advising that even though the formal
rezoning process has not yet begun, The Rescue Mission has held
meetings with its neighbors, including the Southeast Action Forum and
City Planners, and during this time, the Mission has received
considerable input and made changes to its expansion concept to
address neighborhood concerns. She stated that The Rescue Mission
has and will continue to work with City Planning staff and will not file
a rezoning request in August, however, it will continue to meet with City
Planners and with residents of the area to refine the proposal and to
address neighborhood concerns.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Pat Toney, 2222 Russell Avenue, S. W., presented
photographs of the area proposed for expansion by The Rescue
Mission. She advised that she appeared before Council in support of
the position of the Southeast Action Forum because neighborhood
associations should support each other in their efforts to make
Roanoke a better place to live and work. '~
Mr. Joseph B. Woolwine, 1448 Greenbrier Avenue, S. E., called
attention to the community service of The Rescue Mission and advised
that expansion plans should be approved. He stated that houses in the
vicinity of The Rescue Mission should be renovated, and problems in
the southeast community are not related to operation of The Rescue
Mission.
Mr. John Mcgonical, 706 Montrose Avenue, S. E., advised that the
Southeast Action Forum is divided on the matter and spoke in support
of a referendum to allow citizens to cast their vote on the issue. He
stated that he supports the work of The Rescue Mission, however,
terms and conditions of the proposed expansion should be agreed to
in writing by Rescue Mission representatives, residents and property
owners of southeast Roanoke, which plans should be in the best
interest of those persons who need the services provided by The
Rescue Mission and southeast Roanoke residents as well.
The Mayor encouraged representatives df The Rescue Mission
and the southeast neighborhood to continue their efforts to resolve
questions and concerns.
PUBLIC HEARINGS:
ELECTIONS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 20, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the Roanoke
City Electoral Board to relocate the polling place for Lee-Hi Precinct
from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle
Road, S. W., the matter was before the body.
(For full text, see report on file in the City Clerk's Office.)
103
104
ACTION:
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, July 6, 1998 and Monday, July 13,
1998, and in The Roanoke Tribune on Thursday, July 9, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33948-072098) AN ORDINANCE amending and reordaining §10-
78, Same - votinq _~la~e, Code of the City of Roanoke (1979), as
amended, to relocate the polling place for the Lee-Hi Precinct from Fire
Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road,
S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 75.)
Mr. Trout moved the adoption of Ordinance No. 33948-072098.
The motir~n 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. 33948-072098 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
OTHER HEARING OF CITIZENS: None.
There being no further business, the Mayor declared the meeting adjourned
at 7:35 p.m.
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
105
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
August 3, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 3, 1998, 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
Vice-Mayor C. Nelson Harris presiding, pursuant to Rule 1, Repular Meeting]s, 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 Vice-Mayor C. Nelson Harris ........... 6.
ABSENT: Mayor David A. Bowers ........................................................... 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 Sandra H. Eakin, Deputy City Clerk.
WAR MEMORIAL: The City Manager introduced Richard Burrow, President of
the National D-Day Memorial Foundation, for a presentation with regard to the D-Day
Memorial project to be built in the City of Bedford, Virginia.
Mr. Burrow expressed appreciation to the City for its contribution of
$250,000.00 for the D-Day Memorial. He presented a model of the memorial project,
and explained that the project will include three plazas which will represent the past,
the present and the future; the memorial will display flags from the thirteen nations
that assisted in the war; and it will include an educational center and a theater that
will hold two classrooms of students. Mr. Burrow advised that the project has now
moved beyond the planning stages; the ground breaking ceremony was held on
November 11, 1997; and much effort is being put forth to make this endeavor
become a reality. He further explained that the National D-Day Memorial Foundation
has raised $7 million of its $12 million goal, and that several entities have extended
their pledges beyond the original pledge. Mr. Burrow requested that the City
consider extending its pledge for funding for two years beyond its original five year
pledge, and expressed appreciation to the City for its continued support.
ACTION: Without objection by Council, the Vice-Mayor advised that the briefing would
be received and filed.
106
ACTION:
ACTION:
COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council
convene in Executive Session to discuss a prospective business or industry where
no previous announcement has been made of the business or industry's interest in
locating its facilities in this community, specifically to discuss inducements that may
be offered to such business or industry to locate its facilities in this community,
pursuant to Section 2.1-344 (A)(5), 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 a prospective business or industry where
no previous announcement has been made of the business or industry's interest in
locating its facilities in this community, specifically to discuss inducements that may
be offered to such business or industry to locate its facilities in this community,
pursuant to Section 2.1-344 (A)(5), 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, Hudson and Vice-Mayor
Harris ........................................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Mayor Bowers was absent).
COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council
convene in Executive Session to discuss the expansion of an existing business
where no previous announcement has been made of the business' interest in
expanding in the community, specifically to discuss inducements that may be
offered to such business to expand in this community, pursuant to Section 2.1-344
(A)(5), 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 expansion of an existing business
where on previous announcement has been made of the business' interest in
expanding in the community, specifically to discuss inducements that may be
offered to such business to expand in this community, pursuant to Section 2.1-344
(A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
107
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor
Harris ............................................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Mayor Bowers was absent).
At 12:55 p.m., the Mayor declared the meeting in recess to convene in
Executive Session.
At 1:19 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.
ACTION:
COUNCIL: With respect to the Executive Session 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 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 Swain, Trout, White, Wyatt, Hudson and Vice-Mayor
Harris ........................................................................................................... 6.
NAYS: None .......................................................................................... O.
(Mayor Bowers was absent).
At 1:20 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, August 3, 1998, 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, Vice-Mayor Harris presiding.
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.
108
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 Sandra H. Eakin, Deputy City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Philip E.
Motley, Pastor, Grandin Court Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, 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 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.)
ACTION:
Mr. White moved that Council concur in 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 Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
109
ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City
Manager submitted a written report requesting that a public hearing be
scheduled for Monday, August 17, 1998, at 7:00 p.m., to consider
recommendations made by the Office of Economic Development for
proposed boundary amendments to Enterprise Zone One.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request to schedule
a public hearing for Monday, August 17, 1998, at 7:00 p.m. The motion
was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
WATER RESOURCES: The City Manager submitted a written
report with regard to issuance of an emergency change order to the
City's contract with J & W Sandblasting of North Carolina, Inc., for
painting the interior of the Carroll Avenue Water Tank.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that the report of the City Manager be received
and filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
PENSIONS: The Director of Finance submitted a written report
with regard to the cost-of-living adjustment for eligible members of the
City of Roanoke Pension Plan.
(For full text, see report on file in the City Clerk's Office.)
110
ACTION:
Mr. White moved that the report of the Director of Finance be
received and filed. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
LIBRARIES-ROANOKE ARTS COMMISSION-PENSIONS-
GREENWAY SYSTEM-FIFTH PLANNING DISTRICT COMMISSION-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Brenda L. McDaniel as a member of the Roanoke Public
Library Board for a term ending June 30, 2001;
R. Matthew Kennell as a member of the Roanoke Arts
Commission for a term ending June 30, 2001;
Randall J. Scoff as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2000;
Brian M. Shepard as a member of the Roanoke Valley
Greenways Commission for a term ending June 30, 2001;
and
ACTION:
W. Alvin Hudson, Jr., as a member of the Fifth Planning
District Commission to fill the unexpired term of C. Nelson
Harris ending June 30, 2000.
(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:
11'1
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
REGULAR AGI~NDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
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.
$1,060,000.00 for architectural and engineering design
services for school capital projects; funding will be
provided from capital funds from the 1997 Capital Bond
Issue and the 1999 State Construction Grant;
$354,640.00 for the integrated technology system for Lucy
Addison Middle School; funding will be provided from the
1997 Capital Bond Issue for Technology; and
$56,381.00 for the purchase of the media management
component of the integrated technology system for
Woodrow Wilson Middle School; funding will be provided
from the 1997 Capital Bond Issue for Technology.
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:
(#33949-080398) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Capital Projects Fund Appropriations,
and providing for an emergency.
112
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 77.)
Mr. Trout moved the adoption of Ordinance No. 33949-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Trout offered the following resolution:
(#33950-080398) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for architectural and
engineering services for particular school buildings 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 78.)
Mr. Trout moved the adoption of Resolution No. 33950-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Trout offered the following resolution:
(#33951-080398) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for a media management
system at Woodrow Wilson 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 79.)
113
ACTION:
Mr. Trout moved the adoption of Resolution No. 33951-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Trout offered the following resolution:
(#33952-080398) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for an integrated technology
system at Lucy 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 80.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 33952-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES-PERSONNEL-COMPLAINTS-EMERGENCY
SERVICES: The City Manager submitted a written report advising that
on Monday, July 6, 1998, Ronald A. Mathews, a former member of the
Fire-EMS Department, addressed Council concerning two issues, the
first being that the Fire-EMS Department is not adhering to Department
114
of Labor regulations relating to overtime pay for employees who
provide ambulance service. It was advised that the Fire-EMS
Administration has met with the local office of the Department of Labor
and provided all requested information of work schedules, tasks, and
percentage of time spent performing ambulance and firefighting duties;
additionally, Fire-EMS Chief Grigsby has contacted the Department of
Labor requesting formal documentation of concerns and/or problems
with the Fire-EMS Department's applications and interpretation of labor
regulations; and verbally, the Department of Labor has expressed
concerns, but has not issued any written determination of alleged
violations and has not presented anything else to the City in writing;
and the City administration will work very closely with the Department
of Labor to clarify any concerns and to address issues that may be
raised.
The City Manager further advised that the second issue raised by
Mr. Mathews concerned the safety of employees performing EMS
functions and citizens who receive service from the employees who are
working a twenty-four hour shift; that prior to adopting the current work
schedule, substantial research was conducted to determine the effect
on public safety; due to the number of medic units and medically
trained personnel available, the City administration firmly believes that
the twenty-four hour shift does not present a safety concern to the
citizens or department personnel; the Fire-EMS Department's work
volume, shift configuration and task assignments compare favorably
with industry standards and is common to many firefighting/emergency
medical services departments throughout the country; and if the
Department of Labor formally cites the City for any violation of labor
regulations, the City administration and City Attorney's Office will work
closely to address the concerns.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
report of the City Manager would be received and filed.
Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia,
addressed Council with regard to the City's alleged failure to comply
with Federal Labor Laws by failing to pay overtime to Emergency
Medical Services employees.
(For full text, see remarks on file in the City Clerk's Office.)
115
Without objection by Council, the Vice-Mayor advised that the
remarks of Mr. Mathews would be referred to the City Manager for his
information.
CITY EMPLOYEES-PERSONNEL-COMPLAINTS: The City Manager
and the City Attorney submitted a joint written report advising that at
the regular meeting of City Council held on July 6, 1998, Evelyn D.
Wheeler, a City employee, appeared before Council and raised certain
issues with respect to the City's Grievance Procedure; and by motion,
City Council requested the City Manager and City Attorney to respond
to the issues raised by Ms. Wheeler, and in addition, Council requested
the City Manager to prepare a report on the number of grievances filed
during the past ten years and the disposition of each case.
The City Attorney advised, in response to Ms. Wheeler's remarks
that statements and supporting evidence of the grievant are
disregarded prior to the Personnel and Employment Practices
Commission (PEPC) hearings, that the four steps in the Grievance
Procedure prior to the hearing before a panel of the PEPC are (1)
informal meeting with immediate supervisor, (2) department manager,
(3) director, and (4) City Manager; it is the policy of the City to
encourage resolution of employee problems and complaints, without
resort to the formal grievance procedure, through open and free
discussion of such complaints with immediate supervisors and the
various levels of management; that many employee complaints and
concerns are resolved informally without resort to the formal Grievance
Procedure; to the extent that complaints cannot be resolved informally,
the Grievance Procedure provides an immediate and fair method for the
resolution of disputes; of those complaints that are taken to the
Grievance Procedure, a significant number are resolved at the informal
meeting with the immediate supervisor, and although many grievances
are resolved at this informal level, there is no statistical data because
of the informal, non-written format; 99 of 134 grievances which
proceeded beyond the first, informal step were' resolved prior to the
PEPC hearing level; accordingly, it would appear that statements and
evidence submitted by employees prior to the Commission level
hearings are being accorded considerable weight and given careful
review and consideration.
The City Attorney further advised, in response to Ms. Wheeler's
objections to the composition and qualifications of members of the
Personnel and Employment Practices Commission, and vacancies on
116
the Commission, that Section 2-83 of the Code of the City of Roanoke
(1979), as amended, establishes the qualifications of members of the
PEPC; that the current membership of the PEPC consists of three white
males, one black male, three white females and one black female, with
three City of Roanoke employees included in the membership; and that
none of the City employee members of the PEPC is a manager or
administrator. Also, in response to Ms. Wheeler's complaint that
members of the PEPC suffer from conflicts of interests and that panels
of the PEPC have violated Section 2-85.1(d) of the City Code which
prohibits a panel member from hearing a grievance involving his or her
own department, office or agency of City Government, the City Attorney
advised that at times members of the PEPC will be acquainted with
employee-grievants, administrators, counsel and witnesses appearing
before the PEPC; however, mere acquaintance, even in the formal
judicial setting, does not require automatic disqualification, and prior
to any grievance hearing, the grievant is accorded an opportunity to
raise any preliminary matters, such as to object to any panel member
the grievant believes to suffer from a conflict of interests; and if an
employee believes there is a violation of that section of the City Code
which prohibits a panel member from hearing a grievance involving his
or her own department, office or agency of City Government, the
employee should raise this issue prior to the hearing so that it can be
ruled upon by the panel with the advice of its independent legal
counsel.
With regard to Ms. Wheeler'S complaint that the PEPC does not
choose its own Chairperson and Vice-Chairperson, the City Attorney
advised that the PEPC held its last annual meeting on August 15, 1997,
at which time it elected a Chairperson and a Vice-Chairperson; that
historically, it is true that the PEPC has on several occasions failed to
hold its annual organizational meeting because of its under strength
condition; however, it will be recommended to the PEPC in the future
that it hold its annual meeting regardless of whether the group is at full
strength so long as a quorum is available.
In response to Ms. Wheeler's complaint that, over the past ten
years, forty-four grievances have come before a panel of the PEPC and
an employee has not won any grievance, the City Manager provided
statistical data establishing that since July 1992, 134 formal complaints
which raised grievable issues were filed and that ninety-nine of these
grievances were resolved at the administrative level, and of the 35
117
grievances that were not resolved at the administrative level and
proceeded to a panel hearing, in three of these grievances, the decision
of management was overturned by the PEPC.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
report of the City Manager and City Attorney would be received and
filed.
Ms. Evelyn D. Wheeler, 3021 Ashwood Circle, N. E., addressed
Council in response to the report of the City Manager and City Attorney
regarding the City's grievance procedure for its employees. She stated
that the data in this report appears to be riddled with errors and
inconsistencies that reflect numbers and information that do not exist;
and therefore, on behalf of many City employees, requested that
Council make an investigation according to provisions of the City
Code; and requested that the City's current grievance procedure be
abolished and the State Employees' Grievance Procedure be adopted
by the City.
The Vice-Mayor requested that Ms. Wheeler submit her
comments to the City Clerk, as well as any additional information she
would want Council to have.
(For full text, see statement on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
remarks of Ms. Wheeler would be referred to the City Manager for his
information.
Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia,
addressed Council with regard to the City's grievance procedure and
the question of the Personnel and Employment Practices Commission
(PEPC) panel's impartiality; and reviewed certain biographical
information about the members of the PEPC, including the present
panel members of the PEPC that hear grievances. He stated that the
City Manager's report to Council indicates that the composition of the
panel is supposed to comprise a cross section of the City work force,
but he would hardly say that these people, who are top paid
professionals, are a cross section; that now it is within Council's power
118
to adopt the State Grievance Procedure; and he urged City Council to
look into this and adopt a procedure that will give City employees their
due process rights.
The Vice-Mayor requested that Mr. Mathews put his remarks in
writing, as well as any other documents or documentation that he
would like for Council to see, and submit it to the City Clerk to allow
Council an opportunity to review the information more closely.
(For full text, see remarks on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
remarks of Mr. Mathews would be referred to the City Manager for his
information.
At 3:12 p.m., the Vice-Mayor declared the meeting in recess.
At 3:20 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.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that the Roanoke Redevelopment and Housing
Authority has administered numerous CDBG and HOME Investment
Partnerships (HOME) activities for the City; Council authorized the
Roanoke Redevelopment and Housing Authority's 1998-99 CDBG
activities and funding as part of the Annual Update to the Consolidated
Plan (Annual Update) approved for submission to the U. S. Department
of Housing and Urban Development (HUD) on May 11, 1998, by
Resolution No. 33830-051198; Council accepted the 1998-99 CDBG
funds on June 15, 1998, pending receipt of the approval letter from
HUD, by adopting Resolution No. 33875-061598 and Budget Ordinance
No. 33874-061598; and HUD approval of the Annual Update is
forthcoming.
It was advised that a total of $787,251.00 in CDBG funds has been
budgeted for the RRHA's 1998-99 CDBG Agreement with $757,651.00
in new and carry-over CDBG funds being buc~geted for the RRHA's
1998-99 project and support costs for eight CDBG-funded activities and
$30,000.00 in CDBG funds being budgeted for the RRHA's 1998-99
119
ACTION:
general administrative costs relating to the CDBG-funded activities;
and Council is requested to approve execution of an Agreement with
the RRHA in order to implement the CDBG and HOME activities and
permit reimbursement to the RRHA for costs incurred.
The City Manager recommended that he or the Assistant City
Manager be authorized to execute, and the City Clerk to attest, the
1998-99 CDBG Agreement with the Roanoke Redevelopment and
Housing Authority and amendments thereto, if necessary, approved as
to form by the City Attorney within the limits of funds and the purposes
set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33953-080398) A RESOLUTION authorizing the execution of an
agreement with the Roanoke Redevelopment and Housing Authority for
services related to the administration of Community Development
Block Grant (CDBG) funds for FY 1998-1999.
(For full text of Resolution, see Resolution Book No. 61, page 81.)
Mr. Trout moved the adoption of Resolution No. 33953-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
WATER RESOURCES: The City Manager submitted a written
report advising that Wheelabrator Clean Water Systems, Inc., had a one
year contract from September 1994 to September 1995, with the option
to renew for four additional one year periods to remove, haul, and
dispose of digested, lagooned sludge from the Water Pollution Control
Plant; the present contract price is $89.54 per dry ton for a minimum of
7,000 dry tons (and a maximum of 11,000 dry tons) for the one year
contract; price fluctuation per dry ton of sludge is based on the
120
ACTION:
Consumer Price Index; and the option was taken for five years because
of the time required to have land parcels approved for sludge
application.
It was explained that the fifth year contract with Wheelabrator
Clean..W.,a. ter Systems, Inc., would be a unit price of $91.05 per dry ton
with a minimum of 7,000 dry tons, or $637,350.00 and a maximum of
tl,000 dry tons, or $1,001,550.00; and the base contract would be for
the 7,000 dry tons with additional tonnage being approved monthly by
administrative change order.
The City Manager recommended that he be authorized to renew
the contract with Wheelabrator Clean Water Systems, Inc., for the fifth
year to remove, transport, and dispose of sludge at the rate of $91.05
per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed
$1,001,550.00 with the time of contract being one year and funding
available in the Sewage Treatment Fund.
(For full text, see report on file in the City Clerk's. Office.)
Mr. Trout offered the following emergency ordinance:
(#33954-080398) AN ORDINANCE authorizing execution of an
amendment extending for an additional term of one year a contract with
Wheelabrator Clean Water Systems, Inc., for removing, transporting
and disposing of digested lagooned sludge from the City's Water
Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 82.)
Mr. Trout moved the adoption of Ordinance No. 33954-080398.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... O.
(Mayor Bowers was absent).
121
POLICE DEPARTMENT-BUDGET: The City Manager submitted a
written report advising that Council authorized preparation of a Long-
Range Facilities Master Plan by the Vitetta Group Incorporated
(Alexandria, Virginia) and its subsidiary, Daniel C. Smith & Associates,
in November 1995; included as part of that study was the Roanoke City
Police Department and its current facility, the Third Street Annex; final
recommendations of the Long-Range Facilities Master Plan were
presented to Council in February 1997; and the first priority
recommended under the plan by the consultant was to construct a
public safety building, and in particular a new facility for the police
department.
It was advised that Council adopted the Five-Year Capital
Improvement Program (ClP) for fiscal years 1998-2002 in July 1997; a
proposal for the first phase of a new police facility was included under
"Supplemental Capital Improvement Program - Priority I" in CIP; under
Ordinance No. 33807-050498, Council authorized acquisition of
property located at 348 Campbell Avenue, S. W., to house the proposed
police annex facility; and legal advertisement was placed in the May 17,
1998 editions of The Roanoke Times and Richmond Times, and in the
May 21, 1998 edition of The Roanoke Tribune, soliciting proposals from
qualified A & E consulting firms/teams to provide the required
professional services required to design the proposed police annex
building.
It was further advised that two consultant design teams
submitted replies to the City's Request for Proposals, and based on the
quality of the consultants that comprised each design team, interviews
were scheduled with both teams to provide the desired services; the
two respondents were Sherertz Franklin Crawford Shaffner, Inc. (with
Daniel C. Smith and Associates and Phillips Swager Associates,
specialists in planning and design of police departments/facilities) and
Martin & Associates, P. C. (with McClaren, Wilson & Lawrie, Inc.,
specialists in planning and design of police departments/facilities); and
following interviews with the two design teams, Martin & Associates,
P. C., of Roanoke was selected to provide the needed services.
The City Manager recommended that Council take the following
actions:
122
Authorize the City Manager to enter into a contractual
agreement with Martin & Associates, P. C. (with McClaren,
Wilson & Lawrie, Inc. as prime police facilities
subconsultant) to provide architectural and engineering
services necessary for the Police Annex Building for the
lump sum amount of $296,800.00 and approximately 24
months to complete the pre-design phase, to design the
new facility, prepare contract documents and provide
construction administration services;
Appropriate $222,300.00 from proceeds from sale of Series
2000 bonds to Capital Projects Fund Account No. 008-052-
9564-9001, "Police Building Construction"; the breakdown
shown below includes the cost for basic A & E services,
reimbursable expenses related to travel, hotel, meals,
reproduction of five sets each of schematic, preliminary
and bid (construction) documents, and other such
expenses; the cost to provide "as-built" drawings of
existing building (if such drawings cannot be obtained
from former building owner); and, the cost to advertise the
Request for Proposals.
Fee for Basic A & E Services
Reimbursable Expenses
(travel, hotel, meals, etc.)
Prepare "As-Built" Drawings
Advertise RFP
Appropriated Previously (33761-040698)
Net Amount Requested
$280,000.00
11,000.00
5,800.00
500.00
(75.000.00}
$222,300.00
Adopt a resolution indicating the City's intent to reimburse
itself $222,300.00 upon the issuance of Series 2000
General Obligation bonds; the maximum amount of bonds
anticipated to be issued related to the police facility is
$3,840,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33955-080398) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
123
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 83.)
Mr. Trout moved the adoption of Ordinance No. 33955-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Trout offered the following resolution:
(#33956-080398) A RESOLUTION authorizing a contract with
Martin & Associates, P.C. (with McClaren, Wilson & Lawrie, Inc. as
prime police facilities subconsultant), for architectural and engineering
services needed for the Police Annex Buildings
(For full text of Resolution, see Resolution Book No. 61, page 84.)
Mr. Trout moved the adoption of Resolution No. 33956-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Trout offered the following resolution:
(#33957-080398) 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 in connection with architectural and engineering consulting
services for the proposed police annex building; and providing for an
effective date.
124
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 84.)
Mr. Trout moved the adoption of Resolution No. 33957-080398.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
POLICE DEPARTMENT-DONATIONS/CONTRIBUTIONS: The City
Manager submitted a written report advising that seven years ago, the
Police Department created a specialized unit called C.O.P.E.
(Community Oriented Policing Effort) to bring community policing to
the City; the original design of the Unit called for two eight person
teams to work two individual neighborhoods; and the unit has been
recognized throughout the community for its very specialized police
services that utilize community policing and creative problem solving
techniques.
It was advised that to forward Council's Vision statement that
"the City of Roanoke will be a community of stable, safe, caring, and
friendly neighborhoods," the C.O.P.E. Unit has expanded their services
to all four quadrants of the City; therefore, the expansion results in the
need for a minimum of four additional vehicles; two local car
dealerships have offered to donate the use of four vehicles to the
C.O.P.E. Unit; the City Code requires Council approval for gifts of a
value over $5,000.00; and the use of the* vehicles are being
conditionally offered by Woodson Pontiac Inc., dlblal Rick Woodson
Honda, and Berglund Chevrolet, Inc.
The City Manager recommended that Council accept four
vehicles being offered for use by local car dealers as described in
Sections ll.B. and II.C. of his report pursuant to City Code Sec. 2-263,
and that he be authorized to sign an agreement, approved by the City
Attorney, with the car dealerships establishing terms and agreements
for use and care of the vehicles.
(For full text, see report on file in the City Clerk's Office.)
125
ACTION:
Mr. Trout offered the following resolution:
(#33958-080398) A RESOLUTION accepting the donation of the
use of certain motor vehicles for the police department and authorizing
an agreement between the City and the owners of the motor vehicles.
(For full text of Resolution, see Resolution Book No. 61, page 86.)
Mr. Trout moved the adoption of Resolution No. 33958-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
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;
the agency serves two primary client populations which are dislocated
workers and the economically disadvantaged; and the City of Roanoke
is the grant recipient for FDETC funding.
It was explained that the Fifth District Employment and Training
Consortium (FDETC) has received Community Development Block
Grant (CDBG) funding for Roanoke Valley Youth Conservation Service
Corps - Opportunity Knocks, and the agency's Employment Training
Program; CDBG funds were awarded to the FDETC for transportation
and associated costs of Opportunity Knocks in the amount of
$15,000.00; and CDBG funds were awarded to the FDETC for project
management and administration of the Employment Training Program
in the amount of $38,000.00.
126
ACTION:
It was further noted that the Governor's Employment and
Training Department (GETD) has sent to the Consortium Notices of
Award 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:
Opportunity Knocks - $127,840.00
Title II-A (Adults - Ages 22 and over) - $364,907.00
Title II-C (Youth - Ages 16 through 21) - $49,786.00
Title III (Dislocated Workers) - $266,529.00
The City Manager recommended that Council appropriate the
FDETC's funding totaling $862,062.00 and increase the revenue
estimate by $862,062.00, 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:
(#33959-080398) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 87.)
Mr. Trout moved the adoption of Ordinance No. 33959-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Council Member Swain requested that the City Manager provide
a status report at the August 17 Council meeting with regard to the
City's on ,the-job training program.
127
LIBRARIES: The City Manager submitted a written report
advising that the Roanoke City, Roanoke County and City of Salem
Public Libraries entered into a contract in 1990 establishing an
integrated automated library system; the four jurisdictions, by the
contract, are full partners in the ownership of the automated system;
the City's Department of City Information System (CIS) is the host site
for the shared components of the automated system and oversees its
daily operations; and the four library systems share the cost of a
Library Automation Coordinator position which is responsible for the
application modules of the automation system, including circulation,
cataloging, acquisitions and public access.
It was advised that the City of Roanoke Attorney's office has
drawn up Amendment No. 2 to the original agreement; the proper
authorities in each of the four jurisdictions, including members of the
Library Automation Committee have agreed to the terms of the
amendment to the contract for the integrated automated library system;
the Board of Supervisors of the County of Roanoke have approved the
amendment to the contract for the integrated automated library system;
and the Library Administration recommends approval of Amendment
No. 2 to the contract for the integrated automated library system.
The City Manager recommended that Council approve the
amendment to the agreement for the integrated automated library
system and authorize himself or his designee to execute the
amendment to the agreement, contingent on the formal approval of the
other participating jurisdictions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33960-080398) A RESOLUTION authorizing the execution of
Amendment No. 2 to the contract for the integrated automated library
system to allow the Library Automation Coordinator to be a Roanoke
County employee with the future option of being an employee of any of
the participating library systems and to allow future changes to the
Central Site Components definition and location to be made upon
action of the Library Automation and Advisory Committees with
approval of all participating libraries' City ',Managers or County
Administrators.
128
(For full text of Resolution, see Resolution Book No. 61, page 91.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 33960-080398.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that regional commerce parks were
identified during the New Century Council Visioning process as a need
for the New Century Region; the establishment of multiple regional
parks within the New Century Region became a clear objective; and the
Virginia Regional Industrial Facilities Act made the concept of regional
parks a reality under Virginia law allowing multiple local jurisdictions
in the New Century Region to enter into agreement and form industrial
facility authorities.
Council Member and Chairman of the Economic Development
Commission, James O. Trout, and Phillip F. Sparks, Chief of Economic
Development, were appointed to represent the City on a Study
Committee for the proposed Authority in January, 1998; monthly
planning meetings have been held since February 12, 1998; the Study
Committee agreed to separate the formation of the Industrial Facility
Authority from the actual proposed Commerce Park project.
It was advised that an initial $5,000.00 fee was established for
localities participating in the Authority; the Authority is vested with the
powers of a corporate body, including but not limited to the power to
sue and be sued in its own name, and to issue bonds for any valid
purpose; and the Industrial Facilities Act established by the General
Assembly of the Commonwealth of Virginia made no provision for a
locality to withdraw under any circumstances from the Industrial
Facility Authority once membership has been established.
129
ACTION'
The City Manager recommended that Council approve the
payment and authorize the Mayor to enter into an agreement, approved
to form by the City Attorney, and substantially in the form of the
attached agreement, with other participating localities to establish the
City's membership in the Virginia's First Regional Industrial Facility
Authority.
(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:
(#33961) AN ORDINANCE creating Virginia's First Regional
Industrial Facility Authority and authorizing the Mayor to execute an
agreement establishing the respective rights and obligations of
member localities as to the Authority.
(For full text of Ordinance, see Ordinance Book No. 61, page 99.)
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
CITY ATTORNEY:
TAXICABS AND FOR-HIRE VEHICLES-TAXES: The City Attorney
submitted a written report advising that on Monday, May 4, 1998,
William E. Roberts, General Manager, Yellow Cab Company, appeared
before Council with regard to the issue of taxicab assessments and
stated that the City is required to have a separate category for taxicabs
for tax purposes and contended that the current method for assessing
taxicabs does not accurately determine their fair market value; and
Council referred the first issue to the City Attorney for resolution and
the second issue to the Commissioner of Revenue.
130
ACTION:
The City Attorney advised that the Code of the City of Roanoke
does provide for a separate category for taxicabs for valuation
purposes in Sections 32-104 of the Code of the City of Roanoke (1979),
as amended; and the issue is still to be determined by the
Commiss;oner of Revenue, who is continuing to work on this matter,
whether the assessment method currently used for taxicabs accurately
determines their fair market value
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
report would be received and filed.
HABITAT FOR HUMANITY: Steven J. Talevi, Assistant City
Attorney, submitted a written report advising that at the City Council
meeting held on Monday, July 20, 1998, the matter with regard to the
Westview Terrace Section 6 - Habitat for Humanity, Inc., Project, was
referred to the City Manager and City Attorney for investigation and
report back to Council; and that specifically, Council requested the City
Attorney to determine whether there was any action the City Council
could take regarding the above-referenced development; and
Wilburn C. Dibling, Jr., City Attorney, by letter dated July 20, 1998,
disqualified himself from the consideration of this matter. The
Assistant City Attorney further advised it is his understanding that
Habitat for Humanity, Inc. ("Habitat"), has resubdivided a parcel located
in the vicinity of Woodbridge Road, N. W., and Kay Street, N. W.; Habitat
was required by Chapter 31 of the City Code to have prepared and to
file with the Clerk for the Circuit Court for the City of Roanoke a
subdivision plat, and Habitat has also prepared a comprehensive plan
of development, which is required by Chapter 36.1 of the City Code;
approval of such a plan involves consideration of storm water
management, landscaping and similar issues; approval of a subdivision
plat involves consideration of lot line changes, and construction of
drainage facilities and erosion and sediment control measures; and as
of July 30, 1998, the subdivision plat, but not the development plan, has
been approved by the City Administration, and no rezoning, street
closure, variance or special exception is needed for the project.
Mr. Talevi stated that he knows of no legal requirement that the
City become involved in any aspect of Habitat's project, other than
through the perfunctory issuance of permits upon the receipt of
appropri;,~e plans and documents; that if Habitat supplies the legally
131
required information, City officials have no discretion and are duty-
bound to issue the permits being sought; and the City Code does not
contain provisions by which a development plan can be brought before
City Council for consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. White advised that he agreed with Mr. Talevi's comments
relating to the legal requirements of the City; however, he made
reference to that portion of the City's Vision Statement which refers to
"Quality of Life", and stated that he believes this issue fits into the
City's Vision Statement under the area of Quality of Life.
The Vice-Mayor pointed out that according to the Assistant City
Attorney's statement, legally there is no way City Council can intervene
in this matter.
Mr. Kermit Plummer, 1652 Garstland Drive, N. W., advised that he
is a little dismayed and disappointed at the Assistant City Attorney's
report; that since July 20, it has come to his attention that monies were
received by Habitat from HUD, which is Federal money, citizens'
money, and he believes they have a right to know where their money is
going. He stated that this is what started this whole controversy here,
not the legal issues, but the moral issues; that residents may not have
legal ground to stand on, but they are tax paying citizens of this
community, and if something goes on in the area, they have a right to
know what's going on; that according to Habitat's own covenant, they
said that concerned citizens come together and survey the needs of
poverty housing in their community; that this is not a poverty area
because the homes in the area are valued at $80,000.00 to $150,000.00;
and when it comes down to public funds, the citizens have a right to
know where this money is coming from and where it is going. He
advised that something is terribly wrong here; there is a conspiracy,
and he strongly feels on behalf of the neighbors, that someone has
conspired against them; the Assistant City Attorney stated in his letter
that the (ievelopment plan had not been approved, and he does not
know if it has been filed; and he does not understand why, prior to
annexation the land was not suitable to be developed for housing, then
when it was annexed to the City all at once it became suitable for
housing; and questioned whether environmental and geological studies
had been done. He stated that there are a lot of questions to be
answered here, yet the citizens are told that City *Council has no play in
132
this; and questioned where the citizens are to go to address their
problems, if not to City Council; and if they can't come to City Council
and get an answer, then God help this Valley.
Mr. Darrell R. Boles, 1623 Shamrock Street, N. W., stated that he
lives in the general area that is affected by this development, not in the
immediate area; that he has a greater concern than whether these are
Habitat houses or who may be building them, because twice this year
he and his wife have spent the night pumping water from their
basement following heavy rains; that by the time they get water in the
house there is usually water coming up out of the man-hole cover 100-
150 foot above the house and maybe at a five foot elevation; and
usually during these rains there is a man-hole cover on Harvest Lane
about 400-500 linear foot from his house that usually has to be replaced
after a ha~d rain because the water has lifted it off. He advised that his
concern is whether anyone has done a utility study to see if the current
water and sewer utilities can support these Habitat houses; that this is
a gully where they are putting these houses, and for years this gully
has been a place for the general drainage for water that has no other
place to go; these people are going to be flooded out, and he feels
sorry for anybody that buys a house down there; but his greatest
concern is if 32 or 34 houses are built in this development, whether the
utilities are going to stand this; and he lived there when the City
annexed the property, and to his knowledge there have been no
improvements to the sewage system since it was put in but there have
been a number of houses added. He requested that the City conduct
a study to find out what size pipes are out there, because he does not
believe the current sewer lines will handle this-water. He questioned
what those people are going to do with the surplus water that comes
down through there, and stated that his house has a basement
entrance which was there when he moved in and it was grandfathered,
but it is his understanding they can't put surplus water in the sewage
system anymore. He suggested that construction be stopped
immediately on both of these sites until it is determined whether the
sewer lines can handle these new homes; and stated that once the City
gets these two developments in there, the water problem belongs to the
City, and that's legal, not moral.
The Vice-Mayor stated that Mr. Boles had raised some legitimate
questions and issues, and advised that without objection, the
questions will be referred to the City Administration for a report or
response to Council on these issues.
133
Mr. W. J. Garst, 4512 Broadlawn Road, N. W., stated that he is
concerned that the City is willing to call this Habitat project a 'done
deal' and feels that the City is only saying so to distance itself from the
situation entirely; he feels that there could have been some conflict of
interest and questioned whether there is some connection between
Habitat and the City Attorney's Office; and also, he does not
understand why the Northwest community was never involved in the
discussions regarding the Habitat project.
Ms. Melva Jeffries, 4351 Woodbridge Avenue, N. W., stated that
she feels the news media and Habitat have portrayed their community
as anti-Habitat and anti-poor, but says this is not so; that they support
Habitat for Humanity in most cases; however, their primary concern is
property values and overcrowding of homes b~eed on Habitat's own
statistics; and another concern is that the Habitat homes will not be
comparable to the existing homes in the area; that residents were
unable to obtain any information on the project until the planning stage
was completed; and she urged Council to assist the residents in this
matter.
Ms. Terry T. Smith, Vice-President of the Board of Directors of
Habitat for Humanity, advised that she feels that Habitat has complied
with Council's July 20 request; that all work has been suspended
during that time, at great financial loss to Habitat; Habitat feels it must
uphold its mission and to abandon the project would jeopardize the
financial situation of the organization; they have met with citizens of
the area in a conflict resolution process and have spent much time
debating whether or not to continue the project; and hope to be able to
keep the lines of communication open with Westview Terrace residents.
The Reverend Johnny Stone, 1801 Lynn Street, N. W., stated he
is discouraged to hear that the City has no legal position in this matter;
that even if Council says it has no position legally to intervene with
Habitat, then it has a moral and ethical position to uphold. He pleaded
with Council to help residents of Westview Terrace to maintain the
value and quality of housing in their neighborhood, and stressed that
Habitat homes need to be built in areas that are compatible with that
particular type of housing.
Ms. Anita Reed, 4123 Guernsey Lane, N. W., advised she moved
here from New Jersey and chose to live in this area because of the
lifestyle and environment it offered she and her family; that this is a
moral issue and as taxpayers and voters, the residents have rights; and
expressed the opinion that the land is not suitable for building.
134
Mr. Lloyd Hampton, 4001 Guernsey Lane, N. W., advised that he
and his neighbors are first class tax paying citizens, not second class
citizens; that they are tired of being kept in the dark, tired of taxation
without representation; that when he added a garage onto his house,
he had to come to the City to obtain a permit and the information was
published in the paper, and then he had to have additional right-of-way
to build the garage and had to come to the Zoning office; and this was
all public knowledge, but nothing Habitat has done has been public
knowledge. He stated that this is all about money, that someone at
Habitat is making money, and questioned the use of Federal money to
buy this property for Iow income housing.
At 4:35 p.m., the Vice-Mayor declared the meeting in recess.
At 4:45 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.
The Reverend Samuel Robinson, Area Representative for the
State Board of the NAACP, advised that his organization has several
concerns, some of which are: 1) the late notice for the neighborhood
residents; 2) why the City Planning Department was not more involved;
3) whether City dollars or HUD dollars were contributed, and if so,
would that not necessitate notifying City residents; and 4) why didn't
Habitat liquidate the 7 acres and build in the inner city where its goal
would be better achieved?
(For full text, see written statement on file in the City Clerk's Office.)
Mr. Mac A. Chambers, 618 Colorado Street, Salem, Virginia,
advised that he is not a Westview Terrace resident, rather, he is an
attorney who was approached by several residents of the area to
speak. He spoke about the legal ramifications for the City, stating that
the City has to provide residents with services such as water, sewer,
etc.; that Westside Elementary School is at cal;~city right now, while
other schools in the City are not at capacity; that he does not feel
Habitat is truly interested in keeping the lines of communication open;
and he requested that City Council ask Habitat to continue to delay the
construction of this project until some of these issues can be resolved.
135
Ms. Susan Hall, 2237 Ranch Road, N. W., stated that she feels
that if City Council can do nothing else, it should be vocal regarding
this issue with anyone that will listen, and requested Council's
assistance in ending the nightmare that is happening in their
neighborhood.
Mr. Thomas J. Dalzell, 2529 Rosalind Avenue, S. W., advised that
he is a 7 year volunteer with Habitat for Humanity and a 6 year member
of the Board of Directors, as well as a civil engineer; that some of the
studies such as geological, environmental, etc., that citizens have been
asking about have been completed and are on file; that Habitat has
applied to HUD for assistance in completing the infrastructure (streets,
sewers, etc.), on the project, but no HUD money is being used to build
the houses; Habitat's books are always open for inspection inasmuch
as they receive some federal money; and he would like to reassure
everyone that there is no conspiracy regarding this project.
Ms. Martha Quarles, 1917 Angus Road, N. W., expressed her
overall dissatisfaction with the project, and stated that the local Habitat
for Humanity ignored its own covenant with this particular situation;
and that this is not the ideal Jimmy Carter had when he started this
foundation.
Mr. Robert Gravely, 1412 Moorman Avenue, N. W., stated that he
is dissatisfied with HUD for allowing Habitat to try to develop poverty
housing in a neighborhood with $100,000.00 homes, while the housing
projects continue to suffer and fall apart; and expounds his belief that
in the end God, and no one else, will have His way in this land.
Mr. Trout stated that he was a Member of City Council in 1976
when this area was annexed, and the City has made some
improvements; the City has added a fire house known as Fire Station
No. 13, and we are now completing a $20 million-plus investment in the
Peters Creek Road Extension, and several million dollars in drainage
solutions; however, over the years, the City has not located or
developed any City parks in any annexed areas, and acquiring this land
for a new park would improve the quality of life in this neighborhood;
this type of improvement is long overdue, and there are funds from the
recent referendum for bond issue this past November for recreation
and park improvements, and very importantly, the new park would
return the faith and confidence of these citizens in City Council. He
advised that in 1976, the City annexed 16 square miles and 16,000
136
ACTION:
citizens, and this area has been the anchor of our financial growth in
the City; such growth as our Roanoke Centre for Industry and
Technology, the Huff Farm which in now known as Valley View, and the
airport which brings in millions of dollars; all of these things have
produced revenue for the City, and he believes it is only fair to return
some of the investment back in the area of recreation.
Mr. Trout moved that City Council refer this matter to the City
Manager to initiate negotiations with Habitat for Humanity to purchase
the property for development of a City park or greenway space. The
motion was seconded by Mr. Swain.
Mr. White stated that in order to add some friendly qualification
and to make sure that the City Manager has the proper direction, he
would like to offer an amendment to the motion that the City Manager
begin immediately to discuss with Habitat the acquisition of this land,
and that acquisition should include cash, exchange of property or other
inducements; and additionally, if successful on acquiring this land,
Council should ask the City Manager to identify the source of funds,
identify what is probably the highest use of this property, specifically
use as a park, and also involve the community and the neighborhood
in any development or any plan, including a park. Mr. Trout concurred
in the amendment, and agreed to add it to his motion.
The motion offered by Mr. Trout, as amended, and seconded by
Mr. Swain, was adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
At 5:25 p.m., the Vice-Mayor declared the meeting in recess.
At 5:35 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.
DIRECTOR OF FINANCE:
137
ACTION'
ACTION'
ACTION'
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the 12 months ending June 30, 1998.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
report would be received and filed.
At the request of Council Member Swain, it was the consensus
of Council that the matter of a two cent reduction in the real estate tax
rate be referred to 1999-2000 budget study.
At the request of Council Member Hudson, it was the consensus
of Council that the matter of equipment replacement and unfunded
projects be referred to 1999-2000 budget study.
REPORTS OF COMMITTEES:
FIREARMS-WATER RESOURCES: Council Member Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to execution of the
appropriate documents between the City and the County of Roanoke to
establish a joint Firearms Training Range at the Dixie Caverns (landfill)
site.
A staff report advised that training of police officers is mandated
by the Commonwealth of Virginia; previously, property leased from
Norfolk Southern has been utilized to conduct training for City of
Roanoke police officers; negotiations for continued use of the Norfolk
Southern property have failed, creating the need to locate a new
facility; and the earlier proposed Carvins Cove location was not acted
upon due to opposition to the site by area residents.
It was advised that the County-owned property at the Dixie
Caverns Landfill site has been identified as suitable for development of
a joint Roanoke City and Roanoke County law enforcement training
facility; the property is located in Roanoke County, with a Special Use
Permit having been issued for its use as a Firearms Training Range;
and the proposed agreement with Roanoke County provides for
establishment of a firearms range governing committee consisting of
both City and County representatives.
ACTION:
It was further noted that environmental issues are present since
the site of the firing range is partially located on the Dixie Caverns
landfill; and as protection for the City, the administration, with the
assistance of the City Attorney's office, is working on language to be
inserted into the final agreement whereby the City would not bear any
liability for site conditions which preceded the City's involvement in
this project.
The Water Resources Committee recommended that Council
authorize the City Manager or the Assistant City Manager and the City
Clerk to execute and attest, respectively, the necessary documents, in
a form approved by the City Attorney, to establish a joint Firearms
Training Range at the Dixie Caverns site.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#33962-080398) AN ORDINANCE authorizing an agreement with
the County of Roanoke to provide for construction of a police training
facility on property owned by the County upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 92.)
Ms. Wyatt moved the adoption of Ordinance No. 33962-080398.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
BUDGET-PARKS AND RECREATION: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bid'~ received by the City
for construction of two new comfort stations for Eureka and Lakewood
Parks, and recommended that Council approve the following actions:
1 3g
Authorize the City Manager to enter into a contractual
agreement, in a form acceptable to the City Attorney, with
U. S. Construction Co. of Roanoke, in the amount of
$114,548.00 (which includes the Base Bid and Additive Bid
Item No. 2) and 100 consecutive calendar days to
construct new comfort stations at Eureka and Lakewood
Parks in accordance with the contract documents;
Appropriate $115,000.00 from General Fund Reserved for
CMERP to a Capital Projects Fund Account to be
established by the Director of Finance entitled "Comfort
Stations for Eureka and Lakewood Parks"; appropriate
$8,548.00 from sale of Series 2000 bonds to the same
Capital Projects Fund; in addition to the cost of
construction, the breakdown provided below includes the
cost to advertise the project for bids, to reproduce the bid
documents, and for a contract contingency to cover the
work required of the electrical utility (AEP) to extend
underground electrical service to each building and for
unexpected site work and other conditions unforeseen at
the time the project was designed.
Contract Amount
Reproduction of Documents
Advertisement
Contingency
Total Project Cost
$114,548.00
750.00
250.00
8.000.00
$123,548.00
Adopt a resolution declaring the City's intent to reimburse
itself $8,548.00 from the sale of the Series 2000 bonds as
authorized by Ordinance No. 33497-072197 in the principal
amount of $39,030,000.00; the maximum amount of bonds
anticipated to be issued relating to the entire
Neighborhood Parks Improvement Project is $3,900,000.00
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:
140
ACTION:
(#33963-080398) 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 92.)
Mr. Swain moved the adoption of Ordinance No. 33963-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Swain offered the following emergency ordinance:
(#33964-080398) AN ORDINANCE accepting the bid of U.S.
Construction Co. of Roanoke for the construction of new comfort
stations at Eureka Park and Lakewood Park, 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 94.)
Mr. Swain moved the adoption of Ordinance No. 33964-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Mr. Swain offered the following resolution:
141
ACTION:
(#33965-080398) 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 in connection with the construction of new comfort stations at
Eureka Park and Lakewood Park; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 95.)
Mr. Swain moved the adoption of Resolution No. 33965-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
BUDGET-WATER RESOURCES: Council Member Linda F. Wyatt,
Chairperson, Water Resources Committee, presented a written report
on behalf of the Committee, with regard to authorization for acquisition
of property in Falling Creek Estates to provide safer access to the
Falling Creek Filter Plant.
A staff report advised that the Falling Creek Filter Plant is a 1.9
MGD treatment plant located in Bedford County, Virginia, owned and
operated by the City of Roanoke Water Department; the City utilizes the
Falling Creek Reservoir Road for access to the Falling Creek Reservoir
by virtue of a right-of-way acquired with the reservoir property; and this
access road is a steep, winding, gravel roadway approximately 1.5
miles long that requires continuous maintenance and is extremely
difficult to traverse during winter months and wet conditions.
It was advised that Falling Creek Estates, Section 8 is being
developed and has been approved and platted by Roanoke County; the
owner of the property, Lot 20, Section 8, Tax Map No. 51.03-2-20, Tax
No. 4495 an extension of Toddsbury Drive has indicated a willingness
to sell Lot 20 to the City of Roanoke Water Department for the amount
of $40,000.00; and lots in the development are priced at $46,000.00.
142
ACTION:
ACTION:
The Water Resources Committee recommended that Council
authorize the 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 purchase the property; and authorize the appropriation
of $42,000.00 from previous years' retained earnings to an account to
be established by the Director of Finance for the acquisition and
closing costs.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#33966-080398) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 96.)
Ms. Wyatt moved the adoption of Ordinance No. 33966-080398.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
Ms. Wyatt offered the following emergency ordinance:
(#33967-080398) AN ORDINANCE providing for the acquisition
of certain real estate located in Falling Creek Estates in Vinton, Virginia,
identified by Tax Map No. 51.03-2-20, and Tax No. 4495 Falling Creek
Estates, upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 97.)
Ms. Wyatt moved the adoption of Ordinance No. 33967-080398.
The motion was seconded by Mr. Trout and adopted by the following
vote:
143
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
NORFOLK SOUTHERN CORPORATION-RAILSIDE LINEAR WALK-
WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to authorization to vacate a portion of the
public right-of-way along Norfolk Avenue, N. E., and execution of an
agreement with Norfolk Southern Railway to allow an exchange of
property relating to the Railside Linear Walk Project.
A staff report advised that the Railside Linear Walk project
consists of a grade level and raised walkway designed to link the City
Market area to the Transportation Museum; a portion of which parallels
the Norfolk Southern Railway tracks along the north side of Norfolk
Avenue between Market Street, N. E., and First Street, N. W., and
includes the east and south sides of "Warehouse Row"; Council
authorized an architectural and engineering services contract for Phase
I of the Railside Linear Walk with Hayes, Seay, Mattern & Mattern, Inc.,
on August 28, 1995; and Council authorized acquisition of the
necessary property rights for Phase I of this project by Ordinance No.
33148-100796, which was adopted on October 7, 1996.
It was further advised that plans have been sufficiently finalized
to identify property currently owned by Norfolk and Western Railway
Company that will be required for the project; and authorization is
needed to file a petition to vacate a portion of pubic right-of-way and
deed such to the Norfolk and Western Railway Company in exchange
for a portion of the Railroad's property.
The Water Resources Committee recommended that Council
authorize the vacation of a portion of public right-of-way along Norfolk
Avenue, N. E.; and authorize the City Manager to enter into an
agreement with the Railroad, in a form to be approved by the City
Attorney, to allow an exchange of property along Norfolk Avenue
between Second Street, S. W., and the railroad tracks just east of
Hunter Viaduct, for the Railside Linear Walk Project, and to sign all
necessary documents to effect this exchange.
144
ACTION:
(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:
(#33968) AN ORDINANCE authorizing the filing of a petition by
the City to vacate certain right-of-way along N~rfolk Avenue and the
exchange of certain property owned by the City .for property owned by
Norfolk and Western Railway Company, along Norfolk Avenue, between
Second Street, S. W., and the railroad tracks just east of Hunter Viaduct
for the Railside Linear Walk Project, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 101.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
PERSONNEL DEPARTMENT-CITY INFORMATION SYSTEMS-
LEASES-WATER RESOURCES-CAMPBELL COURT PARKING GARAGE:
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 between the Greater Roanoke
Transit Company and the City for space in the Campbell Court
Transportation Center for use by the Personnel Management and City
Information Systems department.
A staff report advised that various in-house training programs for
City employees are conducted as required by the Departments of
Personnel Management and City Information Systems (ClS); and office
and classroom space are required to accommodate the City's need for
training facilities.
It ~,'as further advised that suitable space containing 2,843
square feet within Greater Roanoke Transit Company's Campbell Court
Transportation Center is available; the terms of a lease agreement were
145
ACTION:
negotiated with the proposed rent for the first year to be at a rate of
$700.00 per month, which calculates to be $2.95 per square foot per
year including utilities and custodial service; essentially, the City is
obtaining the space free of charge, the rental fee is a reimbursement of
utility costs; and the lease agreement between the City and Greater
Roanoke Transit Company must be approved by Council.
The Water Resources Committee recommended that Council
authorize the execution of a Lease Agreement, as summarized above
and in form 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:
(#33969-080398) AN ORDINANCE authorizing the City Manager
to enter into an agreement with Greater Roanoke Transit Company for
the leasing of office space within the Campbell Court Transportation
Center to house the Personnel Management and CIS training facilities,
upon certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 98.)
Ms. Wyatt moved the adoption of Ordinance No. 33969-080398.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
CITY PROPERTY-SPECIAL PERMITS-WATER 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 revocable license with the property owner at
1600 Westchester Avenue, S. W., to allow encroachment into the public
right-of-way for construction of a 20 foot asphalt, berm.
146
ACTION:
A staff report advised that permission to Construct 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; and the property owner at 1600 Westchester Avenue, S. W., has
requested permission to retain two six-inch berms which protect his
lawn from damage and water run-off.
It was explained that berms encroach into the right-of-way of
Westchester Avenue, S. W., approximately ten feet; the berm along the
south side of the right-of-way is twenty feet long, the berm along the
northwestern side is ten feet long; the property owner has requested
a revocable license to allow both berms to remain; and the owner of the
adjacent property has objected to the shorter berm along the
northwestern side of the right-of-way, citing restriction of his access to
the street, water problems, tripping hazard, and obstruction of his
mailbox.
The Water Resources Committee recommended that Council
authorize a revocable license to the property owner at 1600
Westchester Avenue, S. W., to allow the 20 foot asphalt berm
encroachment into the right-of-way of Westchester Avenue, S. W.,
along the southern side only, 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 moved that the following ordinance be placed upon its
first reading:
(#33970) AN ORDINANCE granting a revocable license to allow
a twenty foot asphalt berm and a seven foot asphalt berm encroaching
into the public right-of-way along the front of the property located at
1600 Westchester Avenue, S. W., Official Tax No. 5160115, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book*No. 61, page 102.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
147
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent).
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTION:
PAY PLAN-CITY EMPLOYEES: At the request of Council Member
Wyatt, it was the consensus of Council that the City Manager provide
a status report with regard to the employee pay scale and fringe
benefits study.
SEWERS AND STORM DRAINS: Council Member Swain advised
that he has received several complaints concerning drainage problems
throughout the City, and requested a list of areas in the City with only
sanitary sewer lines to handle drainage, which areas may be "trouble
spots" for sewage and drainage back-ups.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
Robert Gravely, 1412 Moorman Avenue, N. W., appeared before
Council in support of concerns expressed by City employees relating
to the City's grievance procedure.
At 6:10 p.m., the Vice-Mayor declared the meeting in recess for
Executive Session.
At 6:25 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 Mayor Bowers and Council Member
White.
148
ACTION:
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. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ...................................................................... 0.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
resignation of Katherine Cochran, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Robyn Wilson.
There being no further nominations, Ms. Wilson was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 1998, by the following vote:
FOR MS. WILSON: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-YOUTH: The Vice-Mayor
advised that there is a vacancy on the Youth Services Citizen Board
created by the resignation of Alison Baird, and called for nominations
to fill the vacancy.
Mr. Hudson placed in nomination the name of Dawn W.
Spaulding.
149
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Spaulding was
appointed as a member of the Youth Services Citizen Board, for a term
ending May 31, 2000, by the following vote:
FOR MS. SPAULDING: Council Member~ Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Vice-Mayor advised that there is a vacancy on the Fair Housing Board
created by the resignation of Gail Burruss, and called for nominations
to fill the vacancy.
Mr. Swain placed in nomination the name of Nancy J. Canova.
There being no further nominations, Ms. Canova was appointed
as a member of the Fair Housing Board, for a term ending March 31,
2001, by the following vote:
FOR MS. CANOVA: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor
advised that there is a vacancy on the Roanoke Public Library Board
created by the resignation of Basil Owens, Jr., and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Edward F. Lovell.
There being no further nominations, Mr. Lovell was appointed as
a member of the Roanoke Public Library Board, for a term ending
June 30, 2001, by the following vote:
FOR MR. LOVELL: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
150
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Vice-Mayor advised that thers is a vacancy on the
Building Code Appeals Board, Building Construction Division created
by the resignation of Walter Fizer, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was appointed as
a member of the Building Code Appeals Board, Building Construction
Division, for a term ending September 30, 2002, by the following vote:
FOR MR. BAIRD: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris .................................................................. $.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice-
Mayor advised that the term of office of Dorothy L. Bull as a member of
the Special Events Committee expired on June 3.0, 1998, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Dorothy L. Bull.
Thers being no further nominations, Ms. Bull was reappointed as
a member of the Special Events Committee, for a term ending June 30,
1999, by the following vote:
FOR MS. BULL: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris ................................................................. 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Vice-Mayor advised that the term of office of Michael
Brennan as a member of the Cultural Services Committee expired on
June 30, 1998, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name'of Michael Brennan.
Thers being no further nominations, Mr. Brennan was
reappointed as a member of the Cultural Services Committee, for a term
ending June 30, 1999, by the following vote:
151
ACTION:
ACTION:
ACTION:
FOR MR. BRENNAN: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Vice-Mayor advised that the term of office of Elizabeth M. Legg as
a member of the Personnel and Employment Practices Commission
expired on June 30, 1998, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Elizabeth M. Legg.
There being no further nominations, Ms. Legg was reappointed
as a member of the Personnel and Employment Practices Commission,
for a term ending June 30, 2001, by the following vote:
FOR MS. LEGG: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member White were absent).
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT
COMMITTEE: The Vice-Mayor advised that the term of office of Raleigh
Campbell as a member of the Human Services Committee expired on
June 30, 1998, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Raleigh Campbell.
There being no further nominations, Mr. Campbell was
reappointed as a member of the Human Services Committee, for a term
ending June 30, 1999, by the following vote:
FOR MR. CAMPBELL: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent).
152
There being no further business, the Vice-Mayor declared the meeting
adjourned at 6:28 p.m.
APPROVED
ATTEST:
Sandra H. Eakin
Deputy City Clerk
C. Nelson Harris
Vice-Mayor
153
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
August 17, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 17, 1998, 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, Re~_ular
Meetin_~s. of Section 2-15, Rules of PrQcedure, Code of the City of Roanoke (1979),
as amended.
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: 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.
At 12:17 p.m., the Mayor declared the meeting in recess to be reconvened at
12:30 p.m., in the Cafeteria at Wasena Elementary School, 1125 Sherwood Avenue,
S. W., City of Roanoke.
A joint meeting of the Roanoke City Council and the Roanoke City School
Board was called to order on Monday, August 17, 1998, at 12:30 p.m., in the
Cafeteria, Wasena Elementary School, 1125 Sherwood Avenue, S. W., with
Mayor David A. Bowers and School Board Chairperson Marsha W. Ellison 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
Mayor David A. Bowers ................................................................................... 7.
CITY COUNCIL MEMBERS ABSENT: None .............................................. 0.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
Sherman P. Lea, Brian J. Wishneff, Ruth C. Willson and Melinda J. Payne ........... 6.
SCHOOL TRUSTEES ABSENT: Charles W. Day ....................................... 1.
154
OTHERS 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; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real
Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director, Utilities
and Operations; Glenn D. Radcliffe, Director, Human Development; William F. Clark,
Director, Public Works; George C. Snead, Jr., Director, Public Safety, E. Wayne
Harris, Superintendent, Roanoke City Public Schools; Richard L. Kelley, Assistant
Superintendent of Operations, Roanoke City Public Schools; Phyllis K. Runyon,
Public Information Officer, Roanoke City Public Schools; Mary D. Hackley, Director
of Elementary Education, Roanoke City Public Schools; R. Faye Pleasants,
Executive for Human Resources, Roanoke City Public Schools; and Roger W.
Magerkurth, Principal, Wasena Elementary School.
COUNCIL-SCHOOLS: On behalf of the School Board, Chairperson Ellison
extended a warm welcome to the summer meeting of City Council and the School
Board.
Chairperson Ellison advised that Wasena Elementary School was the last
elementary school to be renovated in the building program to modernize the seven
elementary schools in Roanoke City which was completed in 1995. She expressed
appreciation to Council and to past members of City Council for their support of
programs to complete elementary school renovations, as well as funding support
for completion of the four oldest middle schools where modernization is currently
underway. She invited the Members of Council to tour the facilities at Wasena
Elementary School following the meeting.
Ms. Ellison advised that at the budget meeting of Council and the School
Board in May, Council Member White expressed a desire to learn more about
Roanoke City Schools pre-school education programs; whereupon, she noted that
in 1982, two Title I Pre-School programs were initiated at Hurt Park Elementary
School and Northwest Elementary School. She explained that each year since 1982,
pre-school classes have been added with Federal funds and, in 1995, the school
system implemented its first locally funded programs for four year old students and
since that time, the Roanoke City Schools has served thousands of children, and
with the opening of the 1998-99 school year, 13 Title I and nine locally funded pre-
school centers will serve three to four year old students. She advised that with City
Council's support and with the support of the City administration, the school system
is now able to insure that students are better prepared for kindergarten when they
enter Roanoke City Public Schools.
155
Superintendent Harris advised that approximately three years ago, the City
Manager expressed a desire to assist in providing opportunities for early learning
for Roanoke's children, and Roanoke City was recently accepted as one of four
teams to participate in the Southern Regional Education Board initiative. He
explained that an established goal is that all children will be ready to learn when
they enter school, and the City has continued to provide increased funding for
additional early learning classes.
Mary D. Hackley, Director of Elementary Education, Roanoke City Public
Schools, presented a ten minute over-view of pre-school programs in Roanoke City.
She spoke to the advantages of bringing children into the public school system at
an early age, and Roanoke City Schools have embraced the philosophy of early
intervention in order to promote school success by instituting a total of 21 pre-
school classes, 13 of which are sponsored by Title I funds, which classes were
designed to serve at risk four year old students who live in the attendance area of
identified Title I schools. She explained that the School system recognized that
there are also children in non-Title I school zones who would benefit from the school
experience, therefor, during the 1994-95 school year, the Roanoke City Schools
became affiliated with the Southern Regional Education Board project and one of the
objectives of the project was to establish additional programs for three and four year
old students. She stated that with the assistance of the City of Roanoke and the
State Department of Education, Roanoke City has added six full day classes for four
year old students and four one-half day classes for three year old students and the
program is available across the school district and not totally concentrated in one
area where there are Title I schools. She advised that classes served a total of 76
four year old students and 48 three year old students during the past school year,
the programs for pre-school initiatives for four year old students are located at
Fishburn Park, Highland Park, Monterey, and Wasena Elementary Schools, and
Roanoke Academy for Education; and programs for three year old students are
located at Highland Park and Round Hill Elementary Schools. She explained that
objectives of the program are to insure that grades K-12 represent a successful
school experience by helping children to discover and to learn the necessary
foundations for a successful school experience, and to insure that children develop
self-awareness and a sense of self-worth. She advised that because of program
objectives, program outcomes provide that students will develop readiness skills
so they will know what school is, why they need to go to school, and to gain the
necessary skills in order to understand the language of the classroom. She
reviewed statistical successes of the program and advised the next step includes
the continuation of the current six full day classes for four year old students, and
continuation of the four one-half day sessions for three year old students, with two
new classes for four year old students to be added during the 1998-99 school year,
one at Fallon Park and one at Crystal Spring Elementary Schools.
156
Superintendent Harris referred to several items that were discussed at recent
City Council meetings; i.e.: appointment of a principal at Patrick Henry High School.
He advised that the position was advertised internationally, as well as over the
Internet in early 1998, however, the pool of candidates did not meet the established
profile, therefore, the position was readvertised and one candidate to date has
spoken before the community. However, following feedback from the community
and staff, he noted that it was determined that further advertisement was necessary
in an effort to find that person who would more closely match the established
profile. He advised that Doris N. Ennis has indicated that she would be willing to
place her retirement plans on hold and is currently serving as Interim Principal at
Patrick Henry High School. He stated that the position will be readvertised in
November, it is hoped that there will be a strong pool of candidates, and the goal is
to appoint the new principal by the beginning of the second semester of the 1998-99
school year.
Superintendent Harris referred to comments regarding the Noel Taylor
Learning Academy, and advised that there are students who are well served
presently attending the school; however, there are certain issues of concern such
as the high student drop out rate. He stated that there have been no significant
issues of violence at Noel Taylor Learning Academy, but some studente are not
performing well and there are ongoing issues with regard to reorganizing. He
explained that students attending Noel Taylor Learning Academy for the new school
term commencing August 31 will wear uniforms which have been endorsed by
parents in the form of a signed contract, and the uniform will consist of a shirt with
collar and khaki pants, and any student failing to come to class dressed
appropriately will not be allowed to attend school that day. He stated that the
parents of students attending the Noel Taylor Learning Academy have agreed to
volunteer one hour per month in the school, and a new strategy for helping students
with basic skills has been implemented.
With regard to the issue of increased accountability, Superintendent Harris
called attention to discussions pertaining to revising the teacher evaluation system.
He stated that the news media has characterized the discussions of the School
Board as merit pay for teachers which is a misinterpretation, the difference being
that the teacher evaluation system is a type of incentive for teachers based on the
performance of students, while merit pay is based fully on the performance of the
teacher. He advised that another effort toward accountability is through a
performance evaluation that has existed for approximately two years for
administrators, principals, and assistant principals which is based on nine
standards that the employee must meet and if the employee fails to satisfy three of
those standards, they do not receive an increase in pay, however, if they exceed the
number after meeting the midpoint of the pay scale, they could then qualify for an
157
additional step increase. He added that the next step is to move toward performance
evaluation for teachers; certain measures will be used to judge the performance of
the Superintendent of Schools which are directly related to continued improvement
of students; and the School Board has set standards for its performance which will
be further discussed.
Superintendent Harris referred to a brochure announcing the efforts of
Roanoke City Schools, in conjunction with the Fire Chief, Police Chief and a range
of other City offices, to address issues of school violence/community approach, and
a meeting will be held on August 27, 1998, at The Jefferson Center, Fitzpatrick Hall,
to address the matter.
Following lunch, the Mayor declared the meeting in recess at 1:40 p.m., to be
reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W.,
City of Roanoke.
At 2:00 p.m., on Monday, August 17, 1998, 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 The Reverend John L.
Washington, Pastor, Faith and Hope Church of God in Christ.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT: On behalf of the City of
Roanoke, the Mayor welcomed and presented a Key to the City to
Ms. Nichole Johnson, Miss Virginia 1999.
158
ACTION:
ACTION:
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 a matter with regard to acquisition of real property for public
purpose, specifically property to be used as a City park; 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, May 4, 1998; Council acting as the Personnel Committee on
Wednesday, May 6, 1998; the special meeting of Council held on
Monday, May 11, 1998; and the regular meeting of Council held on
Monday, May 18, 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,
Swain and Mayor Bowers ............................................................. 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)(I), 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
159
ACTION:
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,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-
COUNCIL: A report of the 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 as a City 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. White moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss a matter with
regard to acquisition of real property for public purpose, specifically
property to be used as a City 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 Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
TAXES-COMMISSIONER OF REVENUE-LICENSES: A
communication from the Honorable Sherman A. Holland, Commissioner
of the Revenue, in response to a request of Melanie Logan,
representing Enterprise Rent-A-Car, that the business be granted relief
from the wholesale business license requirement through an
exemption, was before Council.
Mr. Holland explained that Enterprise Rent-A-Car is engaged in
two different businesses: one is the rental of vehicles and the other is
the wholesale sale of vehicles; therefor, pursuant to Section 19-9 of the
Code of the City of Roanoke (1979), as amended, a separate business
license is needed.
160
It was advised that the State Code, the Roanoke City Code, and
BPOL Guidelines as set forth by the Virginia Department of Taxation
are clear concerning the licensing requirement for such wholesale
activity as conducted by Enterprise Rent-A-Car; additional research
conducted on other business license accounts in the City of Roanoke
and information provided by other jurisdictions within the
Commonwealth of Virginia concludes that such exemption would not
be in accordance with current business license tax applications; and
the wholesale license on Enterprise Rent-A-Car was properly levied,
therefor, the Commissioner of Revenue cannot grant an exemption and
remain in compliance with existing law.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
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 Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................ 7.
NAYS: None ...................................................................... 0.
HUMAN DEVELOPMENT-CITY EMPLOYEES-PERSONNEL
DEPARTMENT-ROANOKE CiViC CENTER-JUVENILE CORRECTIONAL
FACILITIES-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Raleigh Campbell as a member of the Human Services
Committee for a term ending June 30, 1999;
Stephen L. Jamison as a member of the Personnel and
Employment Practices Commission for a term ending
June 30, 2001;
Sandra W. Ryals as a member of the Roanoke Civic Center
Commission for a term ending September 20, 1999;
Glenn D. Radcliffe as a member of the Human Services
Committee for a term ending June 30, 1999; and
161
ACTION:
ACTION:
Glenn D. Radcliffe as an Ex-Officio member of the
Roanoke Valley Juvenile Detention Center Commission for
a term ending June 30, 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,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
ENTERPRISE ZONE: The City Manager submitted a written report
requesting that Council schedule a public hearing for Tuesday,
September 8, 1998, at 2:00 p.m., or as soon thereafter as the matter may
be heard, with regard to proposed boundary amendments to Enterprise
Zone Two.
(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 schedule a public hearing for Tuesday, September 8, 1998,
at 2:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber. 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.
Inasmuch as public hearings are routinely held on the third
Monday of each month, the public hearing was advertised to be held on
Monday, September 21, 1998, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chamber.
162
ACTION:
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INVITATIONS-COUNCIL-COMMONWEALTH OF VIRGINIA
BUILDING: D. Kent Chrisman, Executive Director, History Museum &
Historical Society of Western Virginia, extended an invitation for
Council to attend the unveiling of a State Gallery in the foyer of the
Commonwealth Building on Friday, September 11, 1998, at 12:00 noon.
Mr. Chrisman advised that the State Gallery will be comprised of
photo-portraits of three Governors of Virginia whose connections to the
City of Roanoke were real and significant (Governors Trinkle, Almond
and Holton) and 21 legislators who have represented the City of
Roanoke in the General Assembly since the end of World War I1.
Without objection by Council, the Mayor advised that the
communication would be received and filed.
CITY EMPLOYEES-PERSONNEL DEPARTMENT: A request of
Ronald A. Mathews and Evelyn D. Wheeler to address Council with
regard to the City Employee Grievance Procedure, was before the body.
Without objection by Council, the Mayor advised that the remarks
of Mr. Mathews and Ms. Wheeler would be heard at the 7:00 p.m.
session of Council.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-
VICTIM/WITNESS/JUROR PROGRAM: A communication from the
Honorable Donald S. Caldwell, Commonwealth's Attorney,
recommending acceptance of the Victim/Witness Assistance Program
Grant, in the amount of $87,366.00 and a local cash match of
$25,671.00, was before Council.
It was advised that the Victim/Witness Assistance Program is
designed to recognize and address the needs of victims and witnesses
in the Roanoke City Criminal Justice System and to continue the
commitment for citizen support; Council accepted the start-up grant in
September, 1984, and hired a full-time program coordinator in October,
1984; and the program has been in continued operation since that time.
163
It was further advised that the Victim/Witness Assistance
Program has been awarded a 12 month, $87,366.00 grant (#99-
E8554VW98), for July 1998 through June 1999; a local cash match of
$25,671.00 is requested, for a total grant budget of $113,037.00; and the
local cash match is equal to that of fiscal year 1997-98 and is included
in the adopted budget in the Transfer to Grant Fund Account.
It was noted that the Victim/Witness Assistance Program
continues to operate with a full-time coordinator, as well as a full-time
assistant for Juvenile & Domestic Relations Court; duties have
expanded and increasingly greater contact has been made with
persons in need of program services; in addition, the Virginia Crime
Victim and Witness Rights Act requires the program to contact and
provide services to an increased number of victims and witnesses; the
grant award also includes funding for the second full-time staff member
to provide services to victims and witnesses of misdemeanor offenses
in the General District Court and appeal cases and certain felony
offenses in the General District and Circuit Courts; and the Program is
coordinated by the Office of the Commonwealth's Attorney.
The Commonwealth's Attorney recommended that Council
accept and participate in the Department of Criminal Justice Services
Grant #99-E8554VW98 for the Victim/Witness Assistance Program, in
the amount of $87,366.00, with the City providing a local cash match of
$25,671.00 from monies provided in the Transfer to Grant Fund Account
in the fiscal year 1998-99 budget; that the City Manager be authorized
to sign and execute all appropriate documents to obtain Grant #99-
E8554VW98; that funding in the amount of $113,037.00 be budgeted in
revenue accounts to be established in the Grant Fund by the Director
of Finance; that funding in the amount of $25,671.00 be transferred
from Account No. 001-004-9310-9535 (General Fund - Transfer to Grant
Fund) to the Grant Fund as the City's local cash match for the Program;
and that funding in the amount of $113,037.00 be appropriated.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
164
ACTION:
(#33971-081798) 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 105.)
Mr. Trout moved the adoption of Ordinance No. 33971-081798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................ 7.
NAYS: None ........................................................................ 0.
Mr. Trout offered the following resolution:
(#33972-081798) A RESOLUTION authorizing the acceptance of
Grant No. 99-E8554VW98 made to the City of Roanoke by the
Commonwealth of Virginia Department of Criminal Justice Services for
a Victim/Witness Assistance Program and authorizing the execution
and filing by the City Manager of the conditions of the grant and other
grant documents.
(For full text of Resolution, see Resolution Book No. 61, page 106.)
Mr. Trout moved the adoption of Resolution No. 33972-081798.
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.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A
communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney advising that in an effort to better fund law
enforcement efforts to fight crime, particularly drug crime, in 1986, the
Federal government adopted a system of asset forfeiture whereby
forfeited assets, under certain conditions, could be returned to local
law enforcement agencies, police and prosecutors, for use in their fight
165
against crime; in July, 1991, the Virginia asset forfeiture statute, which
generally is patterned after the Federal statute, took effect providing
that forfeited criminal assets may be returned to local police and
prosecutors for use in the fight against crime; periodically, assets
seized as evidence are ordered forfeited by the local courts to the
police or the Office of the Commonwealth's Attorney to be used for
criminal law enforcement efforts; and in August 1991, a grant fund
account for cash assets forfeited to the Office of the Commonwealth's
Attorney was established with an appropriation of $25,000.00, was
before Council.
It was further advised that since August 1991, the Office of the
Commonwealth's Attorney has expended the $25,000.00 originally
appropriated; and revenues collected through June 30, 1998, for the
grant are $86,506.00 and were recorded in Account No. 035-035-1234-
7107, with the current revenue estimate being $70,015.00, and funding
received in excess of the estimated revenue totals $16,491.00 and
needs to be appropriated.
The Commonwealth's Attorney recommended that Council
appropriate $16,491.00 to the following grant fund accounts:
Administrative Supplies
Expendable Equipment (<$500.00)
Training & Development
CIS - Personal Computer
Rental/Maintenance
Expendable Equipment (>$500.00)
035-026-5140-2030
035-026-5140-2035
035-026-5140-2044
035-026-5140-7007
035-026-5140-9005
$8~1=o
1 ,~0.00
1,500.00
3,000.00
2.000.00
Total
$16/~,91.00
Increase the revenue estimate in the amount of $16,491.00.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication and report on.file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33973-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Grant Fund Appropriations, and providing for
an emergency.
166
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 107.)
Mr. Trout moved the adoption of Ordinance No. 33973-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-DRUGS/SUBSTANCE ABUSE-STATE COMPENSATION
BOARD-COMMONWEALTH'S ATTORNEY-GRANTS: A communication
from the Honorable Donald S. Caldwell, Commonwealth's Attorney,
advising that Federal funding was made available to the
Commonwealth of Virginia to be used for the development of several
Multi-Jurisdictional Special Drug Prosecutors statewide; the positions
were developed to coordinate prosecutorial efforts among independent
jurisdictions, to reduce fractional and duplicate prosecutions, to
enhance the recovery of criminal assets, to utilize federal, state and
local resources to assure maximum prosecutorial effectiveness, and to
provide specialized prosecutorial resources to the regional drug
enforcement effort; and in addition, the Regional Drug Prosecutor has
been cross-designated as an Assistant U. S. Attorney with the cross-
designation permitting a state prosecutor to make use of the Federal
Grand Jury, was before Council.
It was further advised that the Commonwealth's Attorneys of
Craig County, Franklin County, Roanoke County, and the Cities of
Roanoke and Salem applied on October 9, 1987, to the
Commonwealth's Attorneys' Services Council, the State agency
responsible for the administration of the grant money to fund a Multi-
Jurisdictional Special Drug Prosecutor; and Council accepted the Multi-
Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-
time Special Drug Prosecutor was hired in July, 1988.
It was noted that on April 15, 1994, the Commonwealth's
Attorneys' Services Council notified the Commonwealth Attorney's
Office of Roanoke City that legislation approved by the General
Assembly allowed funds for the Drug Prosecutor's Office to be
transferred from the Department of Criminal Justice Services and the
Commonwealth's Attorneys' Services Council to the Compensation
167
Board; the position is funded separately from the positions in the
Commonwealth's Attorney's Office, with its own cost code, budget, and
monthly payroll and expense report; and on April 30, 1998, the
Compensation Board approved funds for the Drug Prosecutor's Office
for the period July 1, 1998 through June 30, 1999, in the amount of
$88,149.00 for staff salaries and office expenses, with the total cost of
operating the Drug Prosecutor's Office being $102,955.00 and a local
share cost of $14,806.00.
The Commonwealth's Attorney recommended that Council
accept funding, in the amount of $88,149.00 from the Compensation
Board and $14,806.00 in local funds for the Drug Prosecutor's Office;
authorize the City Manager to execute all appropriate documents to
obtain funding for the Drug Prosecutor's Office from the Compensation
Board; appropriate funding in the total amount of $102,955.00; and
establish a revenue estimate in the Grant Fund of $102,955.00.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33974-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 108.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33974-081798.
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: None ........................................................................ O.
Mr. Trout offered the following resolution:
168
ACTION:
(#33975-081798) A RESOLUTION authorizing the acceptance of
funding for the drug prosecutor's office by the Compensation Board of
the Commonwealth of Virginia and authorizing the acceptance,
execution and filing of all appropriate documents to obtain such funds.
(For full text of Resolution, see Resolution Book No. 61, page 110.)
Mr. Trout moved the adoption of Resolution No. 33975-081798.
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: None ........................................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
POLICE DEPARTMENT: A. L. Gaskins, Chief of Police, presented
a briefing on the Citizen's Police Academy, which is a program that is
new to the City of Roanoke but not new to the United States, and
provides an opportunity to work toward becoming a community
policing agency while strengthening partnerships with the local
community. He explained that numerous programs were reviewed prior
to recommending a specific program for the City of Roanoke.
Sergeant Ronald Radcliffe, an 18 year veteran of the Roanoke
City Police Department, who conducted the research advised that
policing in the United States has changed since the conception of
modern policing in the mid 1800's, and the Citizen's Police Academy
expands on the Community Oriented Policing Effort (C.O.P.E.)
philosophy. He further advised that the structure of the Police
Academy is a ten week program, one night per week from 6:00 p.m. to
9:00 p.m.., which will be offered once in the spring and once in the fall,
the application process will be open to City residents and to those who
work in the City who have a vested interest in the City and its Police
Department, and to all Roanoke Valley residents who have an interest
in law enforcement, the program will be free of charge, participants
169
must be 21 years of age, and each sessi~l will consist of 24
participants who will receive 32 hours of instruction. He explained that
participants will engage in a ride along program and must attend eight
out of ten classes to graduate with a certificate, the course will consist
of demonstrations in K-9 training, biking, mounted patrol, recruitment,
patrol, evidence, crime prevention, investigations, traffic, internal
affairs, School Resource and DARE Program, firearms, driving range,
tours of the new police academy, police department, courthouse, jail,
and the new communications center. He advised that classes are
designed to give participants an opportunity to see first hand what the
police officer does on a day to day basis, and the goal is for
participants to return to the communities where they live and serve as
goodwill ambassadors, while establishing dialogue between the
communities of the City and the Police Department in an effort to attain
interaction and cooperation with the citizens of Roanoke to enhance
public safety and community awareness. He stated that the first
Citizen's Police Academy will begin on September 15 and invited the
Members of Council to participate.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
DIRECTOR OF FINANCE-CITY ATTORNEY-COMMITTEES-
JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted
a written report advising that on May 18, 1998, Council adopted a
resolution authorizing the City's participation in the Roanoke Valley
Detention Commission, the sale of the existing Detention Center with
8.5 acres of land to the Commission and authorized the City Manager
to execute an agreement with other member jurisdictions; the Roanoke
Valley Detention Commission, comprised of the Cities of Roanoke and
Salem and the Counties of Botetourt, Franklin and Roanoke, is
responsible for expanding the Detention Center from a 21 bed facility
to an 81 bed facility and operating the facility upon completion; and on
July 15, 1998, the State Board of Juvenile Justice approved funding in
the amount of $4,027,037.00 for 60 additional beds and 21 replacement
beds. ~.
It was further advised that on August 10, 1998, the Commission
held an organizational meeting and recommended that a formal request
be made to the City of Roanoke to appoint the City Attorney to serve as
170
ACTION:
temporary fiscal agent and the Superintendent of Detention to serve as
temporary Administrator for the Roanoke Valley Detention
Commission; whereupon, the City Manager recommended that Council
authorize the City Attorney, the Director of Finance and the
Superintendent of the Juvenile Detention Center to serve as temporary
legal counsel, fiscal agent and administrator for the Roanoke Valley
Detention Commission, respectively.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#33976-081798) A RESOLUTION authorizing the Director of
Finance to serve as the temporary Fiscal Agent, the City Attorney to
serve as temporary Legal Counsel, and the Superintendent of the
Detention Center to serve as interim Administrator for the Roanoke
Valley Detention Commission.
(For full text of Resolution, see Resolution Book No. 61, page 111.)
Mr. White moved the adoption of Resolution No. 33976-081798.
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: None ....................................................................... 0.
BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The
City Manager submitted a written report advising that at the Council
meeting on February 2, 1998, he was instructed to engage a consultant
to conduct a Comprehensive Land Use Study of Carvins Cove
watershed property; and Council appointed a Citizens Advisory
Committee on March 2, 1998, composed of the following persons:
Elizabeth T. Bowles, Chairperson, lan Webb, M. Rupert Cutler, James K.
Cowan, Jr., William H. Lamson, Wesley Best and Chauncey L. Logan.
It was further advised that the consultants scope of work will
focus on the following four major tasks: Inventory of Existing
Conditions and Practices, Assessment of Existing Conditions, Develop
and Evaluate Alternative Land Uses, and Conclusions and
171
ACTION:
Recommendations; the study is expected to take approximately one
year to complete; proposals were received by four firms including
Whitesell Orrison, Inc., Hill Studio, P. C., Leon Younger and PROS, and
Dewberry and Davis; and the committee selected the firm of Whitesell
Orrison, Inc., as the most qualified consultant for the proposed work.
The City Manager recommended that he be authorized to execute
a contract, in a form to be approved by the City Attorney, with Whitesell
Orrison, Inc., in the amount of $119,250.00, to provide professional
services for the Carvins Cove Land Use Study; and that $136,000.00 be
appropriated from Water Fund Prior Year Retained Earnings to an
account to be established by the Director of Finance entitled, Carvins
Cove Land Use Study.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#33977-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 113.)
Ms. Wyatt moved the adoption of Ordinance No. 33977-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ................................ ~- ........................... 7.
NAYS: None ........................................................................ 0.
Ms. Wyatt offered the following resolution:
(#33978-081798) A RESOLUTION authorizing a contract between
the City of Roanoke and Whitesell Orrison, Inc., for the provision of
professional services for the Carvins Cove Comprehensive Land Use
Study and Plan.
(For full text of Resolution, see Resolution Book No. 61, page 114.)
172
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 33978-081798.
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.
SEWERS AND STORM DRAINS-WATER'RESOURCES: The City
Manager submitted a written report advising that the contractor for
Change Order No. 2, upgrading and expansion of the Water Pollution
Control Plant, is Danis Environmental Industries, Inc., which contract
was awarded by Council on August 4, 1997, in the amount of
$16,690,000.00 with a specified time of 730 consecutive calendar days
for completion of the work; Change Order No. 1 was approved by
Council on July 6, 1998, for an additional $100,513.00, bringing the total
contract amount to $16,790,513.00, with no additional construction
days; and the project consists of upgrading and expanding the Water
Pollution Control Plant to 62,000,000.00 gallons treatment capacity per
day.
It was further advised that additional items have been identified
as part of the required work on the project and need to be approved for
payment; the total amount of Change Order No. 2 is $65,782.00; and
Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have reviewed the
changes and have recommended approval for payment.
The City Manager recommended that he be authorized to issue
Change Order No. 2 to the contract with Danis Environmental
Industries, Inc., in the amount of $65,782.00 and an additional seven
consecutive calendar days construction time, for a total contract
amount of $16,856,295.00 and 737 consecutive calendar days for
completion of the project; and the proportional share to each
jurisdiction would be as follows:
City of Roanoke (37.3%) $24,536.69
County of Roanoke (29.2%) 19,208.34
City of Salem (20.9%) 13,748.44
Botetourt County (7.0%) 4,604.74
Town of Vinton (5.6%) 3.683.79
Total of Change Order No. 2
$65,782.00
173
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#33979-081798) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 2 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 115.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33979-081798.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager
submitted a written report advising that on July 6, 1998, Council
authorized the City Manager to enter into an agreement to participate
in a Level III Regional Response Team; on July 13, 1998, the City
Manager and the State Coordinator of Emergency Services entered into
the agreement which is effective until June 30, 2000, unless terminated
upon 30 days written notice by either party; according to the proposed
agreement, the City of Roanoke, as well as all localities who participate
in a regional response team, will receive "pass-through funding" from
the Virginia Department of Emergency Services to assist with the
purchase of equipment and to attend training programs needed to
comply with mandates established by Federal OSHA and the Virginia
Department of Emergency Services; and pass through funding totaling
$15,000.00 has been received from the Virginia Department of
Emergency Services by the City of Roanoke and deposited in
Account No. 035-050-3221-7067.
It was further advised that the City of Rd~noke and the City of
Salem will coordinate purchase of equipment for the Hazardous
Materials Regional Response Team in order to avoid duplication of
174
ACTION:
expensive equipment and allow for compatibility of equipment
purchased; and training classes are coordinated through hazardous
material officers for the respective jurisdictions and in conjunction with
the Virginia Department of Emergency Services.
The City Manager recommended that Council accept the
Hazardous Materials Regional Response Team Grant, in the amount of
$15,000.00, and authorize execution of the grant agreement between the
Virginia Department of Emergency Services and the City of Roanoke,
said agreement to be approved as to form by the City Attorney; and
appropriate $15,000.00 as follows: $11,300.00 to Other Equipment and
$3,700.00 to Training and Development under the Hazardous Materials
Response Team Grant (Account Nos. 035-050-3221-2035 and 035-050-
3221-2044) and increase the revenue estimate by $15,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#33980-081798) 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 116.)
Mr. Hudson moved the adoption of Ordinance No. 33980-081798.
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: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#33981-081798) A RESOLUTION authorizing the acceptance of
a grant made to the City of Roanoke by the Virginia Department of
Emergency Services for training and for the purchase of equipment for
the Hazardous Materials Regional Response Team and authorizing the
acceptance, execution and filing of all appropriate documents to obtain
such grant.
175
(For full text of Resolution, see Resolution Book No. 61, page 117.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 33981-081798.
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: None ........................................................................ 0.
TOTAL ACTION AGAINST POVERTY: The City Manager
submitted a written report advising that Total Action Against Poverty
(TAP) has received funding from the City of Roanoke since 1974; the
Director of Human Development and TAP met to develop proposed
program services to be provided by TAP on behalf of the City, which
will include the following categories: Food and Nutrition, Community
Development, Education and Employment, Transitional Living Center,
Offender Services and Women's Resource Center; and these services,
with the exception of the Women's Resource Center, have been
previously provided by TAP through an appropriation from the City.
It was further advised that TAP provides direct services for the
City; the proposed contract with TAP will provide for a definitive level
of specified, measurable services, performance measures and
monitoring for contract compliance; and funding is included in the
Human Development support category in the~ Fiscal Year 1997-98
Recommended Budget.
The City Manager recommended that he be authorized to contract
with Total Action Against Poverty to provide those services as more
fully described in the contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33982-081798) A RESOLUTION authorizing the City Manager to
enter into a contract with Total Action Against Poverty (TAP), to provide
certain program services for the City, upon certain terms and
conditions.
176
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 117.)
Mr. Harris moved the adoption of Resolution No. 33982-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-WATER RESOURCES: The City Manager submitted a
written report advising that the contractor in connection with exterior
and interior potable water tank painting at Grandin Court Tanks I and
2 and Carroll Avenue Tank is J & W Sandblasting of North Carolina,
Inc.; and construction contract amount is $161,000.00 with 105
consecutive calendar days for completion of the project.
It was further advised that the Carroll Avenue standpipe has been
carefully inspected and the extent of remedial action has been
determined; the contractor has provided cost estimates for the repair-
replacement work totaling $66,000.00; whereupon, the City Manager
recommended that Council approve and ratify certain emergency action
which was taken by the City Manager as described in a briefing to
Council on August 3, 1998, and authorize issuance of Change Order No.
2 to the contract with J & W Sandblasting of North Carolina, Inc., in the
amount of $66,000.00 and 14 additional consecutive calendar days to
complete the work, for a total contract amount, as follows:
Contract
Change Order No. 1 (administrative)
Change Order No. 2
Total amount
$161,000.00
2,000.00
66.000.00
$229,000.00
The City Manager further recommended that Council authorize
appropriation of $66,000.00 from Water Fund prior years retained
earnings to project Account No. 002-056-8388-9003, "Water Tank
Painting."
(For full text, see report on file in the City Clerk's Office.)
177
ACTION:
ACTION:
Ms. Wyatt offered the following emergency budget ordinance:
(#33983-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 118.)
Ms. Wyatt moved the adoption of Ordinance No. 33983-081798.
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.
Ms. Wyatt offered the following emergency ordinance:
(#33984-081798) AN ORDINANCE ratifying the emergency action
taken by the City Manager to authorize additional work to be performed
on the Carroll Avenue Tank by J & W Sandblasting of North Carolina,
Inc.; authorizing the City Manager's issuance of Change Order No. 2 to
the City's contract with J & W Sandblasting of North Carolina, Inc., for
the exterior and interior potable water tank painting of Grandin Court
Tanks 1 and 2 and the Carroll Avenue Tank; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 119.)
Ms. Wyatt moved the adoption of Ordinance No. 33984-081798.
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: None ........................................... -' ............................ 0.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written
report advising that a grant was first officially awarded to the City under
the Virginia Delinquency Prevention and Youth Act on June 17, 1980;
178
the fiscal year 1998-99 youth grant application was submitted to the
Department of Juvenile Justice in May, 1998; and the grant will provide
for continuation of coordinated planning and program implementation
of the Office on Youth.
It was further advised that the fiscal year 1998-99 grant budget
totals $70,585.00 with $38,412.00 in State funds and $32,173.00 in local
cash match; local cash match, in the amount of $29,628.00, was
included in the fiscal year 1998-99 General Fund budget in the Transfer
to Grant Fund Account No. 001-004-9310-9535; additional funding of
$2,545.00 is necessary to provide the required local match which is
available in the General Fund Contingency; and Council's acceptance
of the State grant award and appropriation of the local cash match are
required before the appropriate City officials may execute the required
documents to receive State funds.
The City Manager recommended that Council accept the State
Department of Juvenile Justice grant and authorize the City Manager
to execute the grant agreement and related documents on behalf of the
City, in a form to be approved by the City Attorney; appropriate funding
in the amount of $70,585.00 in a revenue account to be established in
the Grant Fund by the Director of Finance; appropriate funds in the
amount of $70,585.00 to expenditure accounts; and transfer $2,545.00
from Contingency Account No. 001-002-9410-2199 to Account No. 001-
004-9310-9535, to provide local matching funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33985-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 120.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 33985-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
179
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Harris offered the following resolution:
(#33986-081798) A RESOLUTION authorizing acceptance of a
grant from the Virginia Department of Juvenile Justice on behalf of the
City to continue coordinated planning and program implementation of
the Office on Youth, 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. 61, page 122.)
Mr. Harris moved the adoption of Resolution No. 33986-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET-BUSES-EQUIPMENT: The City Manager submitted a
written report advising that the Greater Roanoke Transit Company
(GRTC) operates 10 bus routes for 15 hours per day, utilizing a fleet of
38 buses, and peak time service requires 30 buses at one time; GRTC
has a need to replace five 1988 model transit buses, three support
vehicles, two para-transit vans, various shop equipment, and office
equipment; GRTC has applied to the Federal Transit Administration for
a grant for these items; the Federal Transit Administration participates
in capital project grants at 80% Federal shars of project costs; and the
remaining 20% comes from State (10%) and local (10%) sources.
It was further advised that Federal and State grant funding has
been approved for equipment replacement and is available to the
Greater Roanoke Transit Company; estimated cost of replacing the
equipment is $2,000,000.00; $1,600,000.00, or 80%, will be funded by the
Federal Transit Administration and another $200,000.00, or 10%, will be
funded by the State, with the remaining $200,000.00, or 10%, to be
funded locally.
180
ACTION:
The City Manager recommended that Council provide 10%
matching funds for the purchase of buses and related equipment;
transfer $200,000.00 from the Transfer to Capital Projects Fund Account
No. 001-004-9310-9508 to Transfer to the Transportation Fund Account
No. 001-004-9310-9507; and increase the subsidy to the Greater
Roanoke Transit Company in Transportation Fund Account No. 007-
056-8240-9540 by $200,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33987-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Transportation Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 123.)
Mr. Trout moved the adoption of Ordinance No. 33987-081798.
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.
INSURANCE-RISK MANAGEMENT FUND-CONSULTANTS
REPORTS: The City Manager submitted a written report advising that
most insurance obtained by the City must be purchased through an
agent/broker; the City can seldom purchase directly from the insurance
company because commercial insurers sell insurance through brokers;
the City is currently served by one agent/broker, J & H March &
McClennan of Virginia, Inc., formerly known as Johnson and Higgins,
Inc., to obtain the coverages that are now in place and other Risk
Management Services which are under the present Risk Management
Services Contract that expired on August 8, 1998; Risk Management
Services will assist the City's insured and self-insured programs by:
providing broker service to the Office of Risk Management, providing
claims assistance for both insured and self-insured programs including
claim disputes/negotiations with insurance carriers, providing loss
control training and assistance in unusual exposures including
181
environmental guidance and providing other risk management services
as needed; and specifications were developed to secure agent/broker
services on all existing policies and request for proposals were sent to
agent/broker organizations.
It was further advised that six proposals were received,
evaluated and interviews were conducted with the top three proposers
by representatives of the following departments: Finance, Supply
Management, Personnel Management, Risk Management, and the City
Attorney's Office; the proposer with the highest ranking was J & H
Marsh and McClennan of Virginia, Inc.; and upon negotiation, an agreed
upon fiat-fee of $33,000.00 per year was established with J & H Marsh
and McClennan of Virginia, Inc., which meets all requirements and
specifications of the City.
The City Manager recommended that he be authorized to enter
into an agent/broker service agreement with J & H Marsh and
McClennan of Virginia, Inc., for a period of three years with an option
to renew for two additional one year periods, at an annual cost of
$33,000.00; funding has been budgeted and.is available in Account
Nos. 019-002-1262-3020 and 019-002-1262-2010; and reject all other
proposals received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#33988-081798) A RESOLUTION accepting a proposal for the
provision of insurance agent/broker services authorizing the execution
of a contract with J&H Marsh & McLennan of Virginia, Inc., to provide
insurance agent/broker services to the City; and rejecting all other
proposals.
(For full text of Resolution, see Resolution Book No. 61, page 124.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 33988-081798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
182
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
ACTION:
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; in 1998, funding was provided by
the General Assembly in the amounts of $5,379,000.00 for establishing
the Authority and $62,500.00 in fiscal year 1998-99 and fiscal year 1999-
2000 for operations; the Roanoke Higher Education Authority is
responsible for expanding access to higher education and work force
training in the Roanoke Valley by establishing the Roanoke Higher
Education Center with such funds as are appropriated or made
available for this purpose; and on July 20, 1998, Council authorized the
Director of Finance to serve as temporary Fiscal Agent for the
Authority.
It was further advised that funds in the amount of $62,500.00
have been received from the Commonwealth of Virginia for fiscal year
1999 operating costs as outlined by the Virginia General Assembly;
whereupon, the Director of Finance recommended that Council
appropriate $62,500.00 in accounts to be established by the Director of
Finance for Higher Education Authority operating costs and a
corresponding revenue estimate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#33989-081798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Higher Education Authority Fund, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 125.)
Mr. Hudson moved the adoption of Ordinance No. 33989-081798.
The motion was seconded by Mr. Trout and adopted by the following
vote:
183
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES:
TRAFFIC-BUDGET-CAPITAL IMPROVEMENTS PROGRAM-
SIGNALS AND ALARMS: 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 traffic
signals at the intersection of Main Street, Elm Avenue and Ferdinand
Avenue, S. W.; whereupon, he recommended that Council approve the
following actions:
Authorize the City Manager to execute a unit price
contract with H. & S. Construction Co., in the amount of
$172,610.50, with 120 calendar days for completion of the
work and a project contingency of $17,261.00; and
Transfer $49,086.00 from Public Improvement Bonds,
Series 1996 -Streets (008-052-9701-9191) and $140,786.00
from Capital Improvement Reserve - Streets and Bridges
(008-052-9575-9181) to an account to be established by the
Director of Finance.
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:
(#33990-081798) 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 126.)
Mr. Swain moved the adoption of Ordinance No. 33990-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
184
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None .................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#33991-081798) AN ORDINANCE accepting the bid of H. & S.
Construction Company for construction and installation of traffic signal
systems at Main Street, Elm Avenue and Ferdinand Avenue, upon
certain terms and conditions, and awarding a unit price 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 127.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 33991-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers~ ........................................................ 7.
NAYS: None ..................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY
AUTHORITY-ECONOMIC DEVELOPMENT: Ordinance No. 33961,
creating Virginia's First Regional Industrial Facility Authority and
authorizing the Mayor to execute an agreement establishing the
respective rights and obligations of member localities as to the
Authority, having previously been before the Council for its first
reading on Monday, August 3, 1998, 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:
185
ACTION:
ACTION:
(#33961-081798) AN ORDINANCE creating Virginia's First
Regional Industrial Facility Authority and authorizing the Mayor to
execute an agreement establishing the respective rights and
obligations of member localities as to the Authority.
(For full text of Ordinance, see Ordinance Book No. 61, page 99.)
Mr. Trout moved the adoption of Ordinance No. 33961-081798.
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: None ........................................................................ 0.
NORFOLK SOUTHERN CORPORATION-RAILSlDE LINEAR WALK-
WATER RESOURCES: Ordinance No. 33968, authorizing the filing of a
petition by the City to vacate certain right-of-way along Norfolk Avenue
and the exchange of certain property owned by the City for property
owned by Norfolk and Western Railway Company, along Norfolk
Avenue between Second Street, S. W., and the railroad tracks just east
of Hunter Viaduct for the Railside Linear Walk Project, upon certain
terms and conditions, having previously been before the Council for its
first reading on Monday, August 3, 1998, 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:
(#33968-081798) AN ORDINANCE authorizing the filing of a
petition by the City to vacate certain right-of-way along Norfolk Avenue
and the exchange of certain property owned by the City for property
owned by Norfolk and Western Railway Company, along Norfolk
Avenue, between Second Street, S. W., and the railroad tracks just east
of Hunter Viaduct for the Railside Linear Walk Project, upon certain
terms an<; conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 101.)
Mr. Harris moved the adoption of Ordinance No. 33968-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
186
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... O.
CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES:
Ordinance No. 33970, granting a revocable license to allow a 20 foot
asphalt berm and a seven foot asphalt berm encroaching into the
public right-of-way along the front of property located at 1600
Westchester Avenue, S. W., Official Tax No. 5160115, owned by
Robert E. Mullen Jr., having previously been before the Council for its
first reading on Monday, August 3, 1998, 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:
(#33970-081798) AN ORDINANCE granting a revocable license to
allow a twenty foot asphalt berm and a seven foot asphalt berm
encroaching into the public right-of-way along the front of the property
located at 1600 Westchester Avenue, S. W., Official Tax No. 5160115,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 102.)
Mr. Harris moved the adoption of Ordinance No. 33970-081798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None .................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
TRAFFIC-COUNCIL-STREETS AND ALLEYS: Council Member
Hudson requested that the City Manager review the feasibility of
removing parking meters from City streets. He referred specifically to
parking meters in downtown Roanoke and in the Grandin Road area.
187
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
TRAFFIC-ZONING-COUNCIL-COMMUNITY PLANNING-STREETS
AND ALLEYS: Council Member Trout expressed concern with regard
to the conversion of residential homes into apartments, thus creating
parking problems. He referred specifically to a house located on
Broadway, S. W., which was converted into apartments and a building
was constructed in the back year and attached to the original structure.
He noted that the Chief of Community Planning reviewed the matter and
discovered a provision in the Zoning Ordinance that permitted the
construction; however, the Chief of Community Planning advised that
a report would be presented to Council in the near future to address the
situation. Council Member Trout inquired as to the status of the report
from the City Planning Commission.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
TAXES-COUNCIL-REAL ESTATE VALUATION-SCHOOLS:
Council Member White requested that the Director of Finance prepare
a compilation on the amount of real estate taxes required to be
collected by the City on a residential property in order to cover the cost
of police, fire, and refuse collection services, etc.: i.e.: what is the break
even point as far as residential property value when citizens of
Roanoke are not called upon to subsidize fixed costs. He also
requested a separate compilation on the local cost of education.
It was the consensus of Council that the matter would be referred
to the Director of Finance for report to Council.
CITY SHERIFF-COUNCIL-REFUSE COLLECTION-STREETS AND
ALLEYS: Council Member White spoke in support of a program initiated
by the Sheriff's Department in which inmates clear debris from major
thoroughfares of the City. He commended the Sheriff's Department in
their efforts to keep the City clean.
COUNCIL-SCHOOLS: Council Member White called attention to
certain public and private construction work currently in progress in
and around school buildings and requested that the City Manager take
the necessary measures to insure that construction work is completed
as much as possible prior to the opening of school on August 31, 1998.
188
It was the consensus of Council that the matter would be referred
to the City Manager.
PARKS AND RECREATION-COUNCIL: Council Member Wyatt
inquired as to the status of the proposed skateboard park which was
to be a joint venture between Roanoke City and Roanoke County.
It was the consensus of Council that the matter would be referred
to the City Manager for a status report to Council.
ZONING-COUNCIL-COMMUNITY PLANNING: Council Member
Wyatt inquired as to the need for an update to the City's
Comprehensive Land Use Plan.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
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. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ................................ cJ ............................ 7.
NAYS: None ........................................................................ 0.
189
PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY:
Mr. White moved that Council authorize the City Manager to offer
Habitat for Humanity in the Roanoke Valley the sum of $352,800.00 for
property located on Quail Drive, N. W., in the City of Roanoke, such
offer being the final best offer by the City and shall be open for ten days
from August 17, 1998. The motion was seconded by Mr. Trout and
adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson and
Swain ......................................................................................... 6.
NAYS: Mayor Bowers ........................................................... 1.
At 5:40 p.m., the Mayor declared the meeting in recess in order
for Council to reconvene in Executive Session.
At 5:50 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
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. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke _~,rts Commission created by the resignation of Ernest Zulia,
and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Georgetta A. Welsh.
190
ACTION:
ACTION:
ACTION:
There being no further nominations, Ms. Welsh was appointed as
a member of the Roanoke Arts Commission, for a term ending June 30,
2000, by the following vote:
FOR MS. WELSH: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the resignation of Peter Lampman, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Kathy Wilson.
There being no further nominations, Ms. Wilson was appointed
as a member of the Special Events Committee, for a term ending
June 30, 1999, by the following vote:
FOR MS. WILSON: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: The Mayor advised that thers is a vacancy on the Architectural
Review Board created by the ineligibility of Kenneth L. Motley to serve
another term, and called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Lawrence E. Johns.
Thers being no further nominations, Mr. Johns was appointed as
a member of the Architectural Review Board, for a term ending
October 1, 2001, by the following vote:
FOR MR. JOHNS: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that there is a vacancy on the Youth Services Citizen Board created by
the resignation of Mollie C. DeBerry, and called for nominations to fill
the vacancy.
Mr. Swain placed in nomination the name of Duane A. Kavka.
191
ACTION:
ACTION:
ACTION:
There being no further nominations, Mr. Kavka was appointed as
a member of the Youth Services Citizen Board, for a term ending
May 31, 2001, by the following vote:
FOR MR. KAVKA: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that there is a vacancy on the Advisory Board of Human
Development created by the resignation of Douglas C. Dowe, and called
for nominations to fill the vacancy.
Mr. White placed in nomination the name of Anita J. Price.
There being no further nominations, Ms. Price was appointed as
a member of the Advisory Board of Human Development, for a term
ending November 30, 2001, by the following vote:
FOR MS. PRICE: Council Membere Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that there is a vacancy on the Human Services
Committee created by the resignation of Alphonso McCain, and called
for nominations to fill the vacancy.
Mr. White placed in nomination the name of Katheryn M. McCain.
The~'e being no further nominations, Ms. McCain was appointed
as a member of the Human Services Committee, for a term ending
June 30, 1999, by the following vote:
FOR MS. MCCAIN: Council Membere Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-FLOOD
REDUCTION/CONTROL: The Mayor advised that the term of office of
Robert H. Bennett, Jr., as a member of the Flood Plain Committee
expired on June 30, 1998, and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Robert H.
Bennett, Jr.
192
ACTION:
ACTION:
ACTION:
There being no further nominations, Mr. Bennett was reappointed
as a member of the Flood Plain Committee, for a term ending June 30,
1999, by the following vote:
FOR MR. BENNETT: Council Members Trout, White, Wyatt,
Harris, Hudson, Swain and Mayor Bowers ...................................... 7.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the death of Samuel G. Oakey, II, and called for nominations
to fill the vacancy.
Mr. Hudson placed in nomination the name of Samuel G.
Oakey, II1.
There being no further nominations, Mr. Oakey was appointed as
a member .of the Special Events Committee, for a term ending June 30,
1999, by the following vote:
FOR MR. OAKEY: Council Members Trout, White, Wyatt, Harris,
Hudson, Swain and Mayor Bowers ................................................. 7.
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Mayor advised that there is a vacancy on the Cultural
Services Committee created by the resignation of Sandra Ryals, and
called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Frank Eastburn.
There being no further nominations, Mr. Eastburn was appointed
as a member of the Cultural Services Committee, for a term ending
June 30, 1999, by the following vote:
FOR MR. EASTBURN: Council Members Trout, White, Wyatt,
Harris, Hudson, Swain and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that the term of office of Christie I~. Kelsey and Willis M.
Anderson as Commissioners of the Roanoke Redevelopment and
Housing Authority will expire on August 31, ~1998, and called for
nominations to fill the vacancy.
193
ACTION:
Mr. Trout placed in nomination the names of Christie M. Kelsey
and Willis M. Anderson.
There being no further nominations, Ms. Kelsey and
Mr. Anderson were reappointed as Commissioners of the Roanoke
Redevelopment and Housing Authority, for terms ending August 31,
2002, by the following vote:
FOR MS. KELSEY AND MR. ANDERSON: Council Members Trout,
White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .................. 7.
At 5:50 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, August 17, 1998, 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.
ABSENT: None .................................................................... 0.
OFFICERS PRESENT: 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:
ACTS OF ACKNOWLEDGEMENT-COUNCIL: Barbara N. Duerk,
representing Virginia Skyline Girl Scout Council Adventurers Program,
advised that members represented the Girl Scouts of the United States
of America at an International Friendship Camp on July 25 -August 1,
194
ACTION:
1998, in Lancashire County England. She further advised that on
July 30, Mayors and Mayoress from local cities and towns were guests
at a special program; whereupon, she presented Mayor Bowers with a
Town Plaque from the Mayor of Chorley, England.
Without objection by Council, the Mayor advised that the remarks
of Ms. Duerk would be received and filed.
CITY EMPLOYEES-PERSONNEL DEPARTMENT: Ms. Evelyn D.
Wheeler, a City employee, 3021 Ashworth Circle;~ N. E., advised that on
July 9 she along with Ronald A. Mathews, a former City employee,
appeared before Council in connection with the City's non-compliance
with its grievance procedure, and presented information regarding a
procedure for conflict resolution. She further advised that the matter
was referred to the City Manager and the City Attorney for report, and
on Monday, August 3, 1998, the City Manager presented his report
which she believes is not reflective of the truth. She explained that
pursuant to the Freedom of Information Act, correct data was obtained
from the Manager of Personnel and the facts previously presented to
Council bear out her contention that panels consisting of members of
the Personnel and Employment Practices Commission do not allow
City employees due process.
Ms. Wheeler again requested an investigation and/or round table
discussion since five minute presentations before Council do not
provide sufficient time to present documented evidence. She
requested a meeting with Council and City management to review
certain alleged conflicting information.
Mr. Ronald A. Mathews, a former City employee, Route 3,
Box 203, Goodview, Virginia, read a prepared statement in regard to
alleged failings of the City employee grievance procedure, and
requested that Council move forward with formal meetings to
investigate certain allegations. He requested that he, along with
Ms. Wheeler, be permitted to participate in a round table discussion
that would include City Council and the City Administration.
(For full text, see statement on file in the City Clerk's Office.)
It was the consensus of Council that the remarks of Ms. Wheeler
and Mr. Mathews would be referred to the City Manager and the City
Attorney for report to Council as to legal implications, if any.
195
Council Member Wyatt requested that Council be provided with
a comparison of the City's grievance procedure and the State's
grievance procedure.
PUBLIC HEARINGS
COMMUNICATIONS DEPARTMENT-WATER RESOURCES:
Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 17, 1998, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the proposal of the City of Roanoke to lease
a portion of four City-owned water tank sites to Triton P. C. Property
Company, L. L. C., for the purpose of installing antennas and related
equipment thereon for providing radio and wireless
telecommunications services, the matter was before the body.
Legal advertisement of the public hearing was published
The Roanoke Times on Sunday, August 9, 1998.
~'.
(See publisher's affidavit on file in the City Clerk's Office.)
in
A report of the City Manager advising that a lease to locate
cellular and/or Personal Communication System (PCS) antennas on
four City owned water tanks has been requested by Triton PCS
Property Company, L. L. C., a wireless communication provider; and
Council approved and adopted the City of Roanoke Policy as to
Wireless Telecommunications Facilities located on City property on
January 21, 1997, in accordance with a recommendation set forth in a
report of the Water Resources Committee dated February 3, 1997, was
before the body.
It was further advised that lease agreements for the use of City
facilities have been submitted by Triton PCS Property Company L. L.
C. for approval by the City for four water tank sites including
Washington Heights, The Summit, Mount Pleasant and Grandin Court
Elevated Water Tank No. 1; the monthly rental Triton would pay is
$750.00 per month, plus the increase in the Consumer Price Index for
the year ending July 31, 1998, for each site, totaling $36,000.00 for the
first year of the lease; and the term of the lease would be from
approximately September 1, 1998 to July 31, 2002, with up to two five
year renewals upon mutual agreement of the parties.
196
The City Manager recommended that Council approve the lease
agreements to provide for the use of City facilities in accordance with
City Policy by Triton PCS Property Company, L. L. C., such lease
agreements to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33992) AN ORDINANCE authorizing the proper City officials to
enter into separate Lease Agreements between the City and Triton PCS
Property Company, L. L. C., for use of a portion of the following four
City owned water tanks and sites on which those water tanks are
located: the Washington Heights Water Tank; the Summit Water Tank;
the Mount Pleasant Water Tank; and the Grandin Court Elevated Water
Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1).
Such use shall be for the placement, operation, and maintenance of
personal communication system antennas and related equipment, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 130.)
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. 33992 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Clerk
having advertised a public hearing to be held on Monday, August 17,
1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in
the City Council Chamber, with regard to a proposal of the City of
Roanoke to make application to the Virginia Department of Housing and
Community Development to amend the boundaries of Enterprise Zone
One, the matter was before Council.
197
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, August 3, 1998 and Monday,
August 10, 1998.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Enterprise Zone Program in the City of Roanoke has been successful
in promoting economic development within the inner City; since 1985,
79 companies (52 new companies and 27 existing companies) have
been certified for state enterprise zone tax credits and grants); and
Roanoke's Enterprise Zone One is in effect for 20 years from January 1,
1984 to December 31, 2003, encompasses 1,878 acres, and the
maximum size allowed for Roanoke's Enterprise Zone One is 1,906
acres.
The City Manager further advised that Enterprise Zone One
contains many publicly-owned properties and facilities; however,
public entities, public service agencies, and not-for-profit organizations
are not eligible to receive zone benefits and should be removed from
the zone; the Office of Economic Development has identified 285.5
acres to remove from Enterprise Zone One boundaries (see Enterprise
Zone One Proposed Boundary Amendment Map for a complete listing
of property and business owners); and removing publicly-owned
facilities from Enterprise Zone One would allow the City to add
properties which would be eligible for Enterprise Zone benefits.
It was explained that the Office of Economic Development has
identified 286.2 acres to add to Enterprise Zone One boundaries, which
properties are indicated on the Enterprise Zone One Proposed
Boundary Amendment Map; the general areas include: Melrose Avenue
Commercial Corridor, Roanoke-Salem Plaza, Blue Ridge Industrial Park,
Ninth Street S. E. Commercial Corridor, Sixth to Eighth Streets, S. W.,
and portions of Thirteenth Street, S. W., near and under Memorial
Bridge.
The City Manager recommended that Council authorize a
boundary amendment of Enterprise Zone One to add and delete the
areas described in the report, and, minus comments at the public
hearing which would require further consideration, adopt a measure
authorizing the City Manager to file an application for a boundary
amendment with the Virginia Department of Housing and Community
Development.
(For full text, see report on file in the City Clerk's Office.)
198
Mr. Trout offered the following Resolution:
(#33993-081798) A RESOLUTION authorizing the proper City
officials to make a boundary amendment to Roanoke's Enterprise Zone
One that will delete certain areas within Enterprise Zone One and add
certain areas not currently in Enterprise Zone One; and to authorize the
City Manager to apply to the Virginia Department of Housing and
Community Development for approval of the boundary amendment to
include the addition of certain areas not currently in Roanoke's
Enterprise Zone One and to take such further action as may be
necessary to obtain the boundary amendment.
(For full text of Resolution, see Resolution Book No. 61, Page 128.)
Mr. Trout moved the adoption of Resolution No. 33993-081798.
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.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if the
proposed amendment to Enterprise Zone One allows encroachment of
commercial activity into Historic Gainsboro, in addition to other
residential sections of Gainsboro; it appears that the Gainsboro Branch
Library is included on the list of properties, therefore, will the library be
closed; and will residents play a role in helping to determine what types
of businesses will be located within the area.
Lisa J. Fain, Economic Development Specialist, advised that the
proposed amendment applies to incentives available to businesses and
has nothing to do with zoning in the Gainsboro area. She further
advised that the proposed amendment would have no effect on the
Gainsboro Branch Library; and as an extension of the amendment to
Enterprise Zone One, a report will be submitted to Council within
approximately two months with regard to recommendations for
residential incentives. She explained that it was necessary to establish
the geographic boundaries of Enterprise Zone One, review
demographic data, determine needs, meet with citizens, and conduct
public hearings, etc.
Following further discussion, it was clarified that the Gainsboro
Branch Library is not included in Enterprise Zone One.
199
No other persons wishing to address Council, Resolution No.
33993-081798 was adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
OTHER HEARING OF CITIZENS: None.
There being no further business, the Mayor declared the meeting adjourned
at 7:45 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
200
REGULAR WEEKLY SESSION ...... ROANOKE CITYiCOUNCIL
September 8, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 8, 1998, 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, Re_~ular
Meetin_~s. 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.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Steven J. Talevi,
Assistant 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 until 12:20 p.m., in the
Social Services Conference Room, Room 306, Municipal North, 315 Church Avenue,
S. W., City of Roanoke.
The regular meeting of Roanoke City Council reconvened at 12:20 p.m., o~~'
Monday, September 8, 1998, in the Social Services Conference Room, Room 306,
Municipal North, 315 Church Avenue, S. W., with Mayor David A. Bowers presiding.
The purpose of the meeting was to hold a joint session of City Council and the City
Planning Commission.
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.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
CITY PLANNING COMMISSION MEMBERS PRESENT: Barbara N. Duerk,
Melvin L. Hill, D. Kent Chrisman, Robert B. Manetta, Richard A. Rife, Alfred T. Dowe,
Jr., and Gilbert E. Butler, Jr., Chairperson ......................................................... 7.
201
CITY PLANNING COMMISSION MEMBERS ABSENT: None ....................... 0.
OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Steven J. Talevi, 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; William F. Clark, Director, Public Works; George C.
Snead, Jr., Director, Public Safety; Evelyn S. Lander, Acting Agent, City Planning
Commission; and Martha P. Franklin, Secretary, City Planning Commission.
Following lunch, the business session convened at 12:50 p.m.
COUNCIL-COMMUNITY PLANNING: Chairman Butler'called attention to a
petition filed by the City Planning Department on behalf of the Greater Raleigh Court
Civic League to down zone a significant portion of the Raleigh Court neighborhood
which will be heard by the City Planning Commission at its meeting in October or
November. He advised that residents of Raleigh Court, particularly single family
homeowners, are concerned about single family properties becoming either duplex
or infill development with multi-family dwellings. He explained that many of the
property owners are young families who are using their resources to renovate older
homes in an effort to revitalize the neighborhood and those property owners who
convert single family homes into duplexes and/or triplexes are viewed as a threat to
the neighborhood. Therefore, he stated that at the request of the leadership of the
Greater Raleigh Court Civic League, City staff prepared a comprehensive petition to
rezone a significant portion of Raleigh Court. He noted that the petition does not
seek to take away any current multi-family zoning or to take away any existing non-
conforming multi-family uses on a single-family zoned lot, but it is an attempt to stop
further multi-family encroachment. He stated that there may be opposition from
certain property owners of single family residences who wish to retain the option to
develop their property for duplex or multi-family use.
Mr. Trout stated that he would endorse a program on a City-wide basis, and
expressed concern with regard to an older home on Broadway that was recently
converted into apartments.
Ms. Wyatt inquired as to the need for a new comprehensive land use plan for
the entire City. She advised that the last comprehensive land use plan was prepared
in 1985 and there has been significant change in the City since that time. She
requested that staff revisit the matter and review alternatives for using the City's
limited amount of land for industry, business, home ownership and rental property,
202 "
etc., and also look at new rules and regulations to provide for a better City overall.
She stated that the Raleigh Court neighborhood is a good start, but there are other
neighborhoods where citizens are just as concerned and Council's-stewardship
involves looking at the overall best use of land in the City of Roanoke.
Ms. Duerk advised that the City Planning Commission and staff can only
administer those recommendations that are provided for in the City's Subdivision
Ordinance and the Zoning Ordinance; therefore, it is sometimes difficult for the
Planning CommissiOn to uphold Council's vision for the City. She stated that an
important issue is the need for additional staff because the Planning Commission
does not have sufficient staff to prepare an updated comprehensive plan for the City,
therefore, it may be necessary to hire an outside consultant.
In connection with Roanoke Renaissance discussions, the City Manager
pointed out that one of the key ingredients specified by the citizen team is
neighborhood plans, and the City has committed to undertake four neighborhood
plans per year until a majority of the City is included.
Question was raised as to whether there is a process underway to fill the
position previously held by John R. Marlles, Chief of Community Planning, and what
is the time frame for filling the vacancy; whereupon, Mr. Clark advised that the
position has been advertised nationally and the deadline for applications is
October 31, 1998.
Mr. Rife advised that he serves as the City Planning Commission's
representative to the Parks Master Plan Study which has been underway for
approximately four months and it is anticipated that it will take approximately one
year to prepare a ten year master plan for parks and recreation improvements. He
further advised that the study committee is particularly interested in reviewing ways
that the Parks and Recreation Department can address the needs of an ageing
citizenry in Roanoke City. He called attention to certain large capital projects for
which the study committee plans to request funding in a five to ten year time frame,
i.e.: Victory Stadium which could address an alternative scaled down plan, although
there is currently no consensus of opinion by the study committee. He called
attention to middle school renovations, viz: Breckinridge, Woodrow Wilson and Lucy
Addison Middle Schools and advised that the School Board and the Parks and
Recreation Department are working together toward some type of joint use of the
facilities. He stated that it is likely that a recommendation will be made to Council
to instruct the School Board and the Parks and Recreation Department to work
together to maximize recreational opportunities for joint use of renovations to the
schools. He added that Council may be requested to fund additional costs in the
range of $30 million.
203
Ms. Patricia N. Toney, 2222 Russell Avenue, S. W., advised that she also
serves on the Parks and Recreation Master Plan Study Committee and she could not
support demolition of Victory Stadium. She spoke in support of conducting some
of the meetings of the City Planning Commission and the Board of Zoning Appeals
in the evening hours to accommodate citizens who work during the day. She stated
that she could not support the razing of Victory Stadium.
Mr. White called attention to inappropriate infill housing in certain
neighborhoods of the City, and advised that the matter was referred to the City
Administration and the City Planning Commission approximately three years ago
with the request to make a recommendation to Council in regard to an overlay
district for inner city neighborhoods. In addition to down zoning, which is proposed
for the Raleigh Court neighborhood, he inquired as to when the total Roanoke
community will be addressed.
Ms. Lander advised that the City petitioned the General Assembly for special
legislation to enact the neighborhood overlay district which specifically limited the
City's ability to regulate the types of design of houses to those properties that were
in a redevelopment, conservation or rehabilitation district. In regard to the
Neighborhood Design District, she stated that the City Planning Commission is
currently working with the Melrose/Rugby Neighborhood, however, no other eligible
neighborhoods have approached the City. She added that many of the locations
where citizens want to construct housing are not eligible areas, therefore, the
Neighborhood Design District does not address the issue. She advised that even
though there are new historic districts in old southwest and in downtown Roanoke
which regulate the design of what can be constructed on those properties, the issue
of denying property rights surfaces and it was approximately five years ago that the
Historic District was challenged at the City Planning Commission and the City
Council levels because there were property owners who were of the opinion that
government does not have a right to say what they can and can not do with their
property.
In connection with the planning process, Mr. Lee B. Eddy, an advocate of
greenways, requested that Council and the City Planning Commission keep in mind
that the City has a greenway program in effect and anytime that a significant
rezoning is considered, it should be determined if the petitioner is in support of
greenways.
Ms. Toney expressed concern with regard to scheduling problems she has
experienced with bus service provided by Roanoke Area Dial A Ride (RADAR).
2O4
The Mayor requested that the City Manager contact the appropriate officials
of RADAR to discuss Ms. Toney's concern and that the City Manager provide
Council with a status report on services provided by RADAR to Roanoke's disabled
population.
Ms. Toney also expressed concern with regard to the bidding practices of
RADAR for vehicles that are no longer needed by the organization. She advised that
clients of and drivers employed by RADAR should be offered the first opportunity
to bid on vehicles and then open the bidding process to other interested persons.
Ms. Toney called attention to previous concerns she had expressed in regard
to the lack of planned activities for children and adults by the City's Department of
Parks and Recreation in Norwich Park; whereupon, the Mayor requested that the
appropriate City officials discuss the matter with Ms. Toney to determine if the City
can address her concerns.
There being no further business, the Mayor declared the Roanoke City Council
meeting in recess at 1:45 p.m., to be reconvened at 2:00 p.m., in the City Council
Chamber, 215 Church Avenue, S. W., City of Roanoke.
At 2:00 p.m., on Tuesday, September 8, 1998, 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.
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 Mayor Bowers.
205
ACTION:
PRESENTATIONS:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-
PENSIONS: The Mayor presented a Certificate of Achievement for
Excellence in Financial Reporting to Ann H. Allen, Manager of
Accounting Services, for the City's Comprehensive Annual Financial
Report for the fiscal year ended June 30, 1997; and a Certificate of
Achievement for Excellence in Financial Reporting for the City of
Roanoke Pension Plan for the fiscal year ended June 30, 1997, to
Joyce L. Sparks, Retirement Administrator. He also presented
Certificates of Achievement plaques in recognition of financial
reporting to James D. Grisso, Director of Finance. The Mayor advised
that the above awards represent the highest form of recognition in
governmental accounting and financial reporting and its attainment is
a significant accomplishment by a government and its management.
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 a matter of actual litigation, specifically to consider an appeal
of a matter recently decided in the Circuit Court for the City of Roanoke;
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, June 1, 1998, and Monday, June 15, 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:
2O6
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 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:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ...................................................................... 0.
CITY EMPLOYEES: A report of the Director of Finance with
regard to the $10.00 employer matching contribution to the ICMA-RC
was removed from the Consent Agenda for separate discussion. (See
page 9).
HOUSING/AUTHORITY-BUILDINGS/BUILDING DEPARTMENT-
HUMAN DEVELOPMENT COMMITTEE-ROANOKE ARTS COMMISSION-
CULTURAL SERVICES COMMITTEE-SCHOOLS-LIBRARIES-HUMAN
DEVELOPMENT COMMITTEE-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Willis M. Anderson as a Commissioner of the City of
Roanoke Redevelopment and Housing Authority for a term
ending August 31, 2002;
2O7
ACTION:
Barry W. Baird as a member of the Building Code Appeals
Board, Volume I, Building Construction Division, for a term
ending September 30, 2002;
Evelyn F. Board as a member of the Human Services
Committee for a term ending June 30, 1999;
Michael Brennan as a member of the Roanoke Arts
Commission for a term ending June 30, 1999;
Michael Brennan as a member of the Cultural Services
Committee for a term ending June 30, 1999;
Nancy F. Canova as a member of the Fair Housing Board
for a term ending March 31, 2001;
Frank Eastburn as a member of the Cultural Services
Committee for a term ending June 30, 1999;
Margaret M. Grayson as a member of the Virginia Western
Community College Board for a term ending June 30,
2002;
William L. Lee as a member of the Cultural Services
Committee for a term ending June 30, 1999;
Edward F. Lovell as a member of the Roanoke Public
Library Board for a term ending June 30, 2001; and
Bernice F. Jones as a member of the Human Services
Committee for a term ending June 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,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
2O8
ACTION'
COUNCIL: A report of the City Attorney requesting that Council
convene in Executive Session to discuss a matter with regard to actual
litigation, specifically to consider an appeal of a matter recently
decided in the Circuit Court for the City of Roanoke, 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 of the City
Attorney to convene in Executive Session to discuss a matter with
regard to actual litigation, specifically to consider an appeal of a matter
recently decided in the Circuit Court for the City of Roanoke, 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 White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
BUDGET-CITY EMPLOYEES: A report of the Director of Finance
advising that Council adopted Resolution No. 33829-051198 authorizing
an increase in the matching contribution to the ICMA-RC Deferred
Compensation Plan for any non-temporary classified employee of the
City who contributes $5.00 or more per pay day; whereupon, he
transmitted statistics demonstrating participation in the Deferred
Compensation Plan by salary range before and after the increase of the
matching contribution, was before Council.
Total Number of Employees
Total Number of Participants
Percentage of Participants
Total Number of Employees
Total Number of Participants
Percentage of Participants
4129/98 1,977
4129/98 1,262
4129/98 63.8%
8/19/98 1,971
8/19198 1,379
8/19~98 70.0%
(For full text, see report on file in the City Clerk's Office.)
2O9
In the future, Council Member Swain requested that reports
regarding pension issues and ICMA matters be included as a part of the
Regular Agenda as opposed to the Consent Agenda to enable full
discussion. He raised the following questions: what is the maximum
amount of funds that an employee may contribute each pay period to
the ICMA Deferred Compensation Plan, what is expected to be the total
cost of the program to the taxpayers on an annual basis, will a cap be
placed on contributions by employees, and will the contribution be
considered as a supplement to the City's retirement program.
The Mayor called attention to a previous discussion with the City
Manager regarding the feasibility of holding an annual event in which
representatives of the business community could introduce their
products and services to City employees.
Mr. Trout moved that the report be received and filed. The
motion was seconded by Mr. Swain and unanimously adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES:
Peter R. Lampman, President, Virginia Amateur Sports, Inc., presented
information on the economic impact of the Commonwealth Games on
the Roanoke Valley. He advised that, in 1998, 10,119 athletes competed
in 45 sporting events and over a period of nine years, a total of 69,500
athletes have participated in the Commonwealth Games, for a total
economic impact to the Roanoke Valley of over $8.5 million, with
estimated local sales tax of $233,000.00.
Mr. Lampman presented the City with a plaque expressing
appreciation for the City's participation in the 1998 Commonwealth
Games.
CITY EMPLOYEES-PERSONNEL DEPARTMENT: A request of
Ms. Evelyn D. Wheeler, 3021 Ashworth Circle, N. E., a City employee,
and Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia, a
former City employee, to address Council with regard to City policies
and procedures, was before the body.
210
Inasmuch as the City Attorney advised that he would submit his
report to Council in regard to previous remarks of Ms. Wheeler as to
alleged violations of the City's grievance procedure on Monday,
September 21, 1998, Ms. Wheeler advised that she would defer her
comments until that time.
Mr. Mathews advised that the grievance procedure does not
provide due process for City employees. He stated that there was a
misunderstanding as to previous remarks he presented to Council
because the Mayor was of the impression that his concerns relating to
the City's grievance procedure pertained to his individual conflict with
the City. He stated that he conducted considerable research on the
grievance procedure, he was a victim of the lack of due process, and
even though his conflict with the City has ended, he has continued to
research the matter for the benefit of other City employees. Therefore,
he requested that his personal situation and his research on behalf of
other City employees be treated as two separate issues. He presented
the City Manager with copy of a legal suit which was recently filed in
the Court system against the City of Roanoke. (A copy of the legal
document was not filed with the City Clerk.)
The Mayor requested that the record reflect that he has had no
discussions with the City Manager regarding Mr. Mathew's personal
situation.
Without objection by Council, the Mayor advised that the remarks
of Ms. Wheeler and Mr. Mathews would be received and filed.
PETITIONS AND COMMUNICATIONS:
LEGISLATION-TAXES-NEIGHBORHOOD ORGANIZATIONS: A
communication from Estelle H. McCadden, President, Melrose/Rugby
Neighborhood Forum, Inc., transmitting a petition requesting adoption
of a resolution in support of the organization's request to obtain tax-
exempt status from the General Assembly of Virginia on certain real
property located at 1730 Orange Avenue, N. W., was before Council.
(For full text, see communication and petition on file in the City Clerk's
Office.)
Mr. Trout moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
211
The motion was seconded by Mr. Swain and unanimously adopted.
BONDS/BOND ISSUES-BUDGET-SCHOOLS: A communication
from the Roanoke City School Board advising that as the result of
official action taken by the School Board at its meeting on August 17,
1998, the Board approved an application and a resolution for Roanoke
City Public Schools to participate in the Fall 1998 Virginia Public School
Authority (VPSA) Bond Issue, which proceeds will be used in lieu of the
local capital bond funds for Lucy Addison Middle School; local bond
funds released by the use of the VPSA Bond Issue will then be used for
elementary school additions; and the School Board will pay the debt
service on the VPSA Bond Issue, was before Council.
The School Board requested that Council adopt a resolution
indicating that Roanoke City desires to participate in the VPSA bond
issue; and if the application is approved by the VPSA Board, Council
will be requested to conduct public hearings and to perform any other
procedural matters that may be required for participation in the VPSA
bond issue.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33994-090898) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking bond financing in an amount not to exceed
$5,000,000.00 to finance certain capital improvements in connection
with Lucy Addison Middle School, previously approved by the Council
at its December 15, 1997, meeting.
(For full text of Resolution, see Resolution Book No. 61, page 132.)
Mr. Harris moved the adoption of Resolution No. 33994-090898.
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.
212
ACTION:
BONDS/BOND ISSUES-BUDGET-SCHOOLS: A communication
from the Roanoke City School Board advising that as the result of
official action taken by the School Board at its meeting on August 17,
1998, the Board approved an application and a resolution for Roanoke
City Public Schools to participate in the Fall 1998 Virginia Public School
Authority (VPSA) Interest Rate Subsidy Bond Issue, which proceeds
will be used in lieu of the Literary Fund loan approved by the State for
Huff Lane MicroVillage; and the School Board will pay the debt service
on the VPSA Interest Rate Subsidy Bond Issue, was before Council.
The School Board requested that Council adopt a resolution
indicating that Roanoke City desires to participate in the VPSA bond
issue; and if the application is approved by the VPSA Board, Council
will be requested to conduct public hearings and to perform any other
procedural matters that may be required for participation in the VPSA
bond issue.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#33995-090898) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking interest rate subsidy bond financing in an amount
not to exceed $1,250,000.00 to finance certain capital improvements in
connection with Huff Lane Elementary School, previously approved by
the Council at its September 22, 1997, meeting.
(For full text of Resolution, see Resolution Book No. 61, page 133.)
Mr. Harris moved the adoption of Resolution No. 33995-090898.
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-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
213
$21,870.00 for the Special Education Interpreter Training
Program to provide funds for the development of training
curriculum for the hearing impaired program; the
continuing program will be reimbursed 100 per cent 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; the continuing
program will be reimbursed 100 per cent by State funds;
and
ACTION:
$10,000.00 for the Southern Regional Education Program
to provide leadership training to members of the City
Schools' top management team in order to assist the
district in accomplishing its long-term educational goals;
a contribution has been received for the continuing
program.
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. Harris offered the following emergency budget ordinance:
(#33996-090898) 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 134.)
Mr. Harris moved the adoption of Ordinance No. 33996-090898.
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.
214
Council Member Swain raised the following questions with
regard to the $10,000.00 appropriation for the Southern Regional
Education Program:
What is the composition of the City Schools' top
management team?
Will the long range education goals be publicized?
Is $10,000.00 sufficient to cover the cost of the program?
What is the proposed funding source if costs exceed the
$10,000.00 appropriation?
It was the consensus of Council that the questions would be
referred to the Roanoke City School Board/School Administration for
response within ten days.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the Tinker Creek Interceptor Sewer
Replacement is part of the renovation and expansion of joint use sewer
facilities previously approved by Council; and the project replaces the
existing interceptor sewer from the Water Pollution Control Plant to
Orange Avenue at 13th Street.
It was further advised that Bryant Electric Co., Inc., is the
contractor for the project at an original contract amount of
$5,596,895.00 and a project contingency of $600,000.00; a number of
small items required changes to the proposed design; these items
included the use of precast concrete manholes, removal of several
proposed manholes, repairs to existing manholes and sewers,
relocation of existing storm drains and other miscellaneous changes;
a change order for the required additional work was negotiated with the
contractor resulting in a net credit of $23,476.19; a reduction in actual
contract quantities will also result in additional savings of
approximately $225,000.00; and construction contract cost is
summarized as follows:
215
ACTION:
Construction Contract $5,596,895.00
Change Order No. I 6,630.20
Change Order No. 2 33,074.80
Proposed Change Order No. 3 {. 23.476,19)
Total
It was explained that the Engineering Department has processed
Change Order No. 3, in a form approved by the City Attorney, with
Bryant Electric Co., Inc., in the net credit amount of ($23,476.19) and 15
additional calendar days of contract time.
(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.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE MEMORIAL HOSPITALS-BUDGET-HOSPITALS-
ENTERPRISE ZONE: The City Manager submitted a written report
advising that Council endorsed a training incentive policy on March 14,
1994, by Resolution No. 31907-031494 in Enterprise Zone One to
provide training incentive funds of up to $2,000.00 per job for
companies creating or relocating a minimum of 200 new jobs to
Enterprise Zone One within an 18 month period and retaining those
jobs for a minimum of five years; the structure of past training
agreements has been between the City, the company, and the Fifth
District Employment and Training Consortium (FDETC); the City
provides funding through the FDETC and the company's employees
receive training benefits; and the Central Business District has lost
more than 2,000 jobs since the opening of the First Union Tower; and
encouraging the creation of new jobs in the downtown area is a major
focus of the City's economic development efforts.
It was further advised that Carilion Health System is relocating
310 permanent, full-time, staffed job positions to Enterprise Zone One
by February 28, 1999, and leasing 73,433 square feet in the First Union
Bank building on Jefferson Street; Carilion anticipates that it will have
216
between 390 and 440 new positions in Enterprise Zone One within 48
months; and Carilion Health System plans to obtain parking permits for
the number of new positions relocated to Enterprise Zone One in the
Tower, Church Avenue, and Century Station Parking Garages.
It was explained that Carilion Health System officials have
requested training assistance for the 310 new positions relocated to
Enterprise Zone One through the Enterprise Zone One training
program; such assistance would provide up to $1,000.00 per position
for eligible training expenses incurred between January 1, 1999, and
December 31, 2001; the maximum amount to be provided would be
$500,000.00; and if the positions are not maintained in Enterprise Zone
One for five years, Carilion Health System would reimburse the funds
at a rate of $400.00 per position, per year, for each position not
retained, not to exceed $500,000.00, or the amount of training funds
received, whichever is less.
It was noted that Carilion Health System officials have also
requested that the City enter into a five year parking agreement,
effective September 1, 1998, for a minimum of 310 parking permits after
January 31, 1999, and a maximum of 440 parking permits; such
agreement would be renewable for up to two five-year periods upon
mutual agreement of the parties with payment schedules calculated
substantially similar to an attachment to the report identified as
Payment Schedule of Carillon Health System; the purpose of the
agreement is to provide parking for the relocated positions; and if the
positions are not maintained in Enterprise Zone One for five years,
Carilion Health System will reimburse the City for the difference in the
monthly rate charged to the general public and the rate under the
agreement for each position below the relocated number of positions.
The City Manager recommended that Council amend Resolution
No. 31907-031494 to provide for the following in Enterprise Zone One:
A training incentive policy to provide up to $2,000.00 per
position for eligible training expenses, to be incurred
during a period not to exceed five years;
To become eligible, companies must create a minimum of
200 new positions in Enterprise Zone One or relocate a
minimum of 200 additional positions from outside
Enterprise Zone One to Enterprise Zone One within an 18-
month consecutive period;
217
The policy would be subject to availabilit~ of funds not to
exceed $500,000.00 per company; and
The positions, or equivalent positions, must be maintained
for a minimum of five years or the company will reimburse
the funds at a rate of $400.00 per position, per year, for
each position not retained.
The City Manager further recommended that the he be authorized
to enter into a training agreement with Carilion Health System and the
Fifth District Employment and Training Consortium to provide up to
$1,000.00 per position for eligible training expenses incurred between
January 1, 1999, and December 31, 2001, provided Carilion relocates
310 positions; the maximum amount to be provided would be
$500,000.00; if the relocated positions are not maintained in Enterprise
Zone One for five years, Carilion Health System would reimburse the
funds at a rate of $400.00 per position, per year, for each position not
retained, not to exceed $500,000.00 or the amount actually received by
Carilion, whichever is greater; that Council appropriate $500,000.00
from the Undesignated Capital Projects Fund Balance to an account to
be designated by the Director of Finance for training expenses; that
Council authorize the City Manager to enter into a parking agreement
with Carilion Health System for parking permits for the number of new
positions for a five-year period, effective September 1, 1998, for a
minimum of 310 parking permits after January 31, 1999, and a
maximum of 440 parking permits; and such agreement would be
renewable for up to two five-year periods upon mutual agreement of
both parties with payment schedules calculated substantially similar to
the Payment Schedule of Carilion Health System, provided Carilion
maintains the positions in Enterprise Zone One.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33997-090898) 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 135.)
218
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33997-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Hudson, Swain, Trout and
Mayor Bowers ........................................................................... 5.
NAYS: None ........................................................................ 0.
(Council Member White abstained from voting, and Vice-Mayor Harris
was out of the Council Chamber.)
Mr. Trout offered the following resolution'
(#33998-090898) A RESOLUTION amending the training incentive
program established on March 14, 1994, for Enterprise Zone One.
(For full text of Resolution, see Resolution Book No. 61, page 136.)
Mr. Trout moved the adoption of Resolution No. 33998-090898.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member White abstained from voting.)
Mr. Trout offered the following resolution:
(#33999-090898) A RESOLUTION authorizing the City Manager to
enter into a Training Agreement on behalf of the City with Carilion
Health System and the Fifth District Employment and Training
Consortium.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 138.)
Mr. Trout moved the adoption of Resolution No. 33999-090898.
The motion was seconded by Mr. Swain and adopted by the following
vote:
219
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White abstained from voting.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34000) AN ORDINANCE authorizing the City Manager to
execute a Parking Agreement with Carilion Health System (Carilion) to
provide for parking permits as part of the relocation of job positions
from outside Enterprise Zone One to within Enterprise Zone One.
(For full text of Ordinance, see Ordinance Book No. 61, page 154.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers .............................................................................. 6.
NAYS: None ........................................................................ O.
(Council Member White abstained from voting).
NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING-
GRANTS: The 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); of each year's HOME grant, 15 per cent
must be reserved for projects conducted by certified Community
Housing Development Organizations (CHDOs); an additional five per
cent of each year's grant may be provided to CHDOs for their general
operating expenses; 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; the City has
certified NNEO to be a bona fide CHDO, as defined by HUD; and NNEO
has been successfully conducting CHDO projects for four consecutive
years.
220
It was further advised that as part of the City's 1998-99 budgeting
process, NNEO requested funds for operating expenses to acquire,
rehabilitate and newly-construct housing as part of its "New Gilmer
Phase I" project and to prepare a plan for future neighborhood
development; Council authorized $339,000.00 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, by
Resolution No. 33830-051198; and approved funds include:
$154,900.00 in CDBG and $150.00 in HOMEICHDO project
funds for the costs to acquire, rehabilitate and/or newly
construct approximately seven houses;
$25,000.00 in HOME/CHDO operating funds to assist with
NNEO's administrative expenses; and
$10,000.00 in CDBG planning funds for costs associated
with the preparation of a physical development plan for
the neighborhood.
It was explained that Council needs to authorize execution of an
agreement with the NNEO to implement project activities and permit
payment to the NNEO for costs incurred; HOME funds must be matched
at a rate of 12.5 per cent, which does not apply to CHDO operating
expenses; and the matching requirement for the NNEO project will be
$18,543.00.
The City Manager recommended that he be authorized to execute
a CDBGIHOME Agreement with the Northwest Neighborhood
Environmental Organization, Inc., and amendments thereto, if
necessary, to be approved as to form by the City Attorney; and any
such amendments shall be within the limits of the funds appropriated
by Council and for the purposes as 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:
221
ACTION:
(#34001-090898) A RESOLUTION authorizing the appropriate City
officials to enter into the 1998-99 HOME Investment Partnership (HOME)
Program Agreement, and any necessary amendments thereto, with the
Northwest Neighborhood Environmental Organization, Inc. (NNEO),
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 61, page 139.)
Mr. Trout moved the adoption of Resolution No. 34001-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-CMERP-EQUIPMENT-ROANOKE CiViC CENTER: The
City Manager submitted a written report advising that the prior year
Capital Maintenance and Equipment Replacement Program and Prior
Year Retained Earnings for Internal Services accounts has identified
various operational needs for several City departments; the items and
projects identified are necessary to continue to perform assigned
activities and projects in the most efficient and effective manner; a
listing of items and projects costing less than $75,000.00 is identified
in the report; and approximately $220,000.00 requested by the Civic
Center is to permit the takeover of the concession operation by in-
house staff which will ultimately result in a new savings to the City.
The City Manager recommended that Council appropriate
$799,902.00 as follows:
$78,432.00 from General Fund Prior Year Capital Maintenance
and Equipment Program as follows:
$30,000.00 to Parks and Recreation Account No.
001-052-4340-9015.
$43,432.00 for Fire/EMS Account No. 001-050-3213-
2064.
$5,000.00 to Civic Center Account No. 005-056-2108-9015.
222
ACTION:
$721,470.00 from Prior Year Retained Earnings Accounts as
follows:
$81,000.00 to Management Services Account No.
015-002-1617-9015.
$166,470.00 to Utility Line Services Account No.
016-056-2626-9015.
$53,500.00 to Civic Center Account No. 005-056-
2105-2010.
$75,700.00 to Civic Center Account No. 005-056-
2105-2050.
$12,000.00 to Civic Center Account No. 005-056-
2109-2170.
$321,800.00 to Civic Center Account No. 005-056-
2108-9015.
$11,000.00 to Transportation Fund to an account to
be designated 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:
(#34002-090898) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, Civic Center, Transportation,
Management Services and Utility Line Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 139.)
Mr. Trout moved the adoption of Ordinance No. 34002-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
223
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
SEWERS AND STORM DRAINS-PUBLIC WORKS-EQUIPMENT-
UTILITIES: The City Manager submitted a written report advising that
a need has been identified in the Utility Line Services Department to
replace the existing Sewer Pipe Inspection System due to extensive
downtime and repair cost; the requested system consists of a van that
is outfitted with remote camera, monitor, controls and other related
equipment; and the proposed system will provide for the inspection
and ability to make assessments of line conditions and assist in line
repair.
The City Manager recommended that Council authorize the
purchase of a Sewer Pipe Inspection System from Virginia Public
Works Equipment Company, for a total cost of $98,570.00; appropriate
$98,570.00 from Utility Line Services Prior Year Retained Earnings to
Account No. 016-066-2626-9015; and 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 emergency budget ordinance:
(#34003-090898) 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 142.)
Mr. Trout moved the adoption of Ordinance No. 34003-090898.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was out of the Council Chamber.)
224
Mr. Trout offered the following emergency ordinance:
(#34004-090898) AN ORDINANCE accepting the bid of Virginia
Public Works Company for the purchase of a Sewer Pipe Inspection
System, 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 143.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34004-090898.
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: None ........................................................................ 0.
POLICE DEPARTMENT-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 the apprehension, prosecution, and adjudication of persons
committing violent crimes against women, which is known as Services,
Training, Officers, Prosecution Violence Against Women (V-STOP); 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; the Roanoke City Police
Department has requested to apply for funds under this grant to form
a domestic violence unit on or before April 1, ~999; and the unit will
focus police response upon instances of subsequent offenses and
cases indicative of high risk of future violence directed at the victim.
It was further advised that the Department of Criminal Justice
Services has informed the City of Roanoke that it is eligible to apply for
a competitive award under the program; the program would require a
local cash or in-kind match amount of at least 25 per cent; grant funds
of $29,257.00 will be requested for the salary and benefits of a civilian
"Domestic Violence Specialist" grant position beginning April 1, 1999,
ACTION:
as well as office equipment and supplies which will be needed for the
program; and the local match of $34,879.00 would be an in-kind
contribution of the salary and benefits of an existing Senior Police
Officer position to work full time on investigating domestic violence
cases in coordination with the new civilian position which represents
a match of 54.4 per cent of the combined program expense of
$64,136.00.
The City Manager recommended that Council apply for funds
from the Department of Criminal Justice Services V-STOP grant
program; and that he be authorized to sign and execute all appropriate
documents to obtain funding through the V-STOP Grant Program
administered by the Department of Criminal Justice Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34005-090898) A RESOLUTION authorizing the application for
and acceptance of a grant to the City of Roanoke by the Commonwealth
of Virginia Department of Criminal Justice Services for the creation of
a domestic violence unit in the Police Department and authorizing the
execution and filing by the City Manager of the Conditions of the grant
and other grant documents.
(For full text of Resolution, see Resolution Book No. 61, page 145.)
Mr. Trout moved the adoption of Resolution No. 34005-090898.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
225
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BLUE RIDGE COMMUNITY SERVICES: The City Manager
submitted a written report advising that Section 37.1-194 of the Code
of Virginia, 1950, as amended, requires every locality to establish a
Community Services Board (CSB) that oversees the delivery of mental
health, mental retardation and substance abuse services; Blue Ridge
Community Services (BRCS) provides mc~ntal health, mental
226
retardation, and substance abuse services to the Cities of Roanoke and
Salem and the Counties of Craig, Botetourt and Roanoke; and funding
is shared by the Commonwealth of Virginia and the individual localities.
It was further advised that the 1998 General Assembly passed
HB428 which amends and reenacts sections of the Code of Virginia
relating to local roles and responsibilities for mental health, mental
retardation and substance abuse services; effective July 1, 1998, each
locality must designate their Community Services Board (CSB) as one
of three option types; for CSBs that serve more than one locality (such
as Blue Ridge Community Services which serves Roanoke City, Salem,
Botetourt County, Craig County and Roanoke County), the decision to
change the designation of the Board must be unanimous; and the
following options are available: Operating Community Services Board
(operating model currently followed by Blue Ridge Community
Services), Administrative Policy Community Services Board, and a
Policy-Advisory Community Services Board with a local government
department.
It was explained that the decision to change the type of CSB
must be unanimous; staff of the participating jurisdictions of Blue
Ridge Community Services has agreed to continue to use to Operating
Community Services Board format; each of the governing bodies is
requested to adopt a resolution approving the designation; and
pursuant to the legislation, localities are also requested to formally
approve the performance contract between Blue Ridge Community
Services and the Commonwealth of Virginia.
The City Manager recommended that Council designate Blue
Ridge Community Services as an Operating Community Services Board
and approve the performance contract between Blue Ridge Community
Services and the Commonwealth of Virginia for submittal to the
Commonwealth as required by the Code of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34006-090898) A RESOLUTION designating Blue Ridge
Community Services as an Operating Community Services Board, and
approving the performance contract between Blue Ridge Community
Services and the Commonwealth of Virginia.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 146.)
Mr. Trout moved the adoption of Resolution No. 34006-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
227
AYES: Council Members White, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt abstained from voting.)
TELEPHONE COMPANIES-TELEPHONE EQUIPMENT-
COMMUNICATIONS DEPARTMENT-BELL ATLANTIC: The City Manager
submitted a written report advising that a 30 year franchise was
approved by Ordinance No. 17677, adopted on August 28, 1967, to The
Chesapeake and Potomac Telephone Company of Virginia from the
effective date of the ordinance to operate and maintain a telephone and
telegraph system within the limits of the City, effective September 27,
1967; and accordingly, the franchise would have expired on
September 26, 1997, however, the City entered into a Franchise
Extension Agreement dated October 2, 1997, with Bell Atlantic-Virginia,
Inc.
It was further advised that a Temporary Nonexclusive Revocable
License Agreement was authorized by Ordinance No. 33199-121696,
adopted on December 16, 1996, for KMC Telecom of Virginia, Inc. (KMC)
and American Communication Services of Virginia, Inc., now doing
business as e.spire Communications, Inc. (ACSl) for construction,
maintenance and operation of telecommunication facilities in the City's
rights-of-ways; pursuant to Ordinance No. 33199-121696, adopted on
December 16, 1996, the City entered into a Temporary Nonexclusive
Revocable License Agreement with ACSl dated December 31, 1996, and
a Temporary Nonexclusive Revocable License Agreement with KMC
dated January 7, 1997, which agreements would have expired upon
adoption of a final telecommunications regulatory ordinance or
September 26, 1997, whichever occurred first; however, the City
entered into Extension Agreements with KMC and ACSl that extended
the Agreements to September 26, 1998.
228
It was explained that the 1997 General Assembly Session
addressed a controversy over the issue of compensation or charges
localities, including municipal corporations, could impose on or require
from telecommunications carriers for the use of the rights-of-way
within the localities; in response to this controversy, the 1997 General
Assembly amended Virginia Code Sections 56-458 and 56-462 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
telecommunications carriers and localities an opportunity to resolve
the controversy between the parties as to the type of compensation and
the amount of compensation the localities should be allowed for the
use of their rights-of-way; the 1998 General Assembly Session
addressed the issues of compensation or charges localities could
impose on or require from telecommunication carriers for the use of
rights-of-way in localities; and the legislation provides for a rights-off
way use fee along with other requirements for imposing the use fee. It
was noted that City staff is reviewing the new legislation and will
present a report to Council on the new legislation; however, in the
meantime, Bell Atlantic and KMC and ACSI have requested extensions
of the current Franchise and License Agreements pending the City's
adoption of any telecommunications ordinance or legislation~
'The City Manager advised that Bell Atlantic - Virginia, Inc., is the
successor to The Chesapeake and Potomac Telephone Company of
Virginia; in view of legislation enacted by the 1998 General Assembly,
and the City's current consideration of the recent legislation, Bell
Atlantic has requested an extension of its franchise to January 1, 1999,
and on a month-to-month basis thereafter until a successor franchise
is adopted and provided that either party may terminate the franchise
upon reasonable notice to the other party; KMC and ACSI have
requested an extension of their Agreements to January 1, 1999, and
month-to-month thereafter or until the City enacts a
telecommunications ordinance or agreement, whichever occurs first
which will allow each of the companies to proceed under the
agreements that were negotiated with them; KMC is currently in the
process of building its network in the City and wishes to continue with
the project; this will allow the City to determine what type of permanent
telecommunications regulatory ordinance, franchise, or agreement
should be adopted in light of the 1998 General Assembly legislation on
the matter; and extensions of the Bell Atlantic franchise and the KMC
and ACSI Agreements would be under the same terms and conditions
as the prior franchise and Agreements, except that expiration terms of
the franchise and Agreements would be extended to January 1, 1999,
and from month-to-month thereafter.
229
ACTION:
The City Manager recommended that he be authorized to execute
a separate franchise extension agreement with Bell Atlantic - Virginia,
Inc., and extension agreements with KMC Telecom of Virginia, Inc., and
American Communication Services of Virginia, Inc., d/b/a e.spire
Communications, Inc., extending each of the Agreements with the City
until January 1, 1999, and on a month-to-month basis thereafter, with
all other terms and provisions of the franchise and Agreements to
remain the same and subject to other terms and provisions of the
documents, the form of each to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain moved that the following ordinance be placed upon its
first reading:
(#34007-092198) AN ORDINANCE authorizing the City Manager
to execute on behalf of the City a Franchise Extension Agreement with
Bell Atlantic - Virginia, Inc., and extension agreements for the
Temporary Nonexclusive Revocable License Agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of
Virginia, Inc., now doing business as e.spire Communications, Inc.
(For full text of Ordinance, see Ordinance Book No. 61, page 155.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
SEWERS AND STORM DRAINS: The 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 previously approved by Council which replaces the existing
interceptor sewer from the Water Pollution Control Plant to the Salem
230
City limits; Contracts Al, A2, B1 and B2 were awarded to Alex E. Paris
Contracting Co., Inc., of Atlasburg, Pennsylvania, for an original
contract price of $18,367,063.00 and a contingency amount of
$1,836,706.00; Contracts Al, A2, B1 and B2 replace the existing
interceptor from the Water Pollution Control Plant to Wasena Park at
Winchester Avenue; and these contracts represent a total of 26,982 feet
(5.1 miles) of sewer replacement which is 52.0 per cent of the total
project length of 51,870 feet (9.82 miles).
It was further advised that the project has progressed and is
approximately ten per cent complete with a scheduled completion date
of December 9, 1999; a number of changes to the project and design
have been necessary due to field conditions; proposed Change Order
No. 2 will provide for construction of additional items listed in the
report, at a total cost of $215,052.00 and 20 additional days of contract
time; and construction cost of the project (Contracts Al, A2, B1 and B2)
is estimated as follows:
Initial Contract $18,367,063.00
Change Order No. 1(administrative, time only, 14 days) 0.00
Proposed Change Order No. 2 215.052.00
TOTAL $18.582.115.00
Total change orders to date, including proposed Change Order No. 2,
are equivalent to 1.2 per cent of the initial agreement value;,and the
proposed change order cost is apportioned between the participating
jurisdictions as follows:
City of Roanoke 36.7% $ 78,924.00
City of Salem 33.7% 72,473.00
Roanoke County 29.6% 63.655.00
$215,052.00
The City Manager recommended that he be authorized to execute
Change Order No. 2, in a form to be approved by the City Attorney, with
Alex E. Paris Contracting Co., Inc., in the amount of $215,052.00 and 20
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:
231
(#34008-090898) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 2 to the City's contract with Alex E. Paris
Contracting Co., Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts Al, A2, B1 & B2; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 147.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34008-090898.
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.
SEWERS AND STORM DRAINS: The 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 previously approved by Council which replaces the existing
interceptor sewer from the Water Pollution Control Plant to the Salem
City limits; Contracts C, D, and E were awarded to Casper Colosimo &
Son, Inc., on March 16, 1998, at an original contract amount of
$12,931,078.00 and a contingency amount of $646,554.00; these
contracts replace the existing Roanoke River interceptor from Wasena
Park at Winchester Avenue to the Salem City limits, and they represent
a total of 20,245 feet of sewer replacement which is 39.0 per cent of the
total project length of 51,870; and earlier contracts (A-l, A-2, B-1 and B-
2) replace the interceptor from the Water Pollution Control Plant to
Wasena Park.
It was further advised that the project has progressed well to
date and is approximately ten per cent complete with a scheduled
completion date of September 23, 1999; the propLq~ed interceptor sewer
crosses the Roanoke River at Bridge Street which is near two existing
water mains (one 6" and one 12" main); the proposed sewer
construction conflicts with the existing 12" main and the construction
conflict requires the replacement of the existing water main; and in
order to minimize the number of water main crossings of the river and
232
to enhance water system operations, the City's engineering consultant,
Black & Veatch, has recommended that both existing water mains be
replaced by a single 16" diameter restrained joint ductile iron water
main.
It was explained that proposed Change Order No. 2 will provide
for construction of the proposed 16" diameter water main; total cost of
the change order is $63,420.00 for 280 linear feet of 16" diameter; and
construction cost of the project (Contracts C, D and E) is estimated as
follows:
Initial Contract
Change Order No. 1
Proposed Change Order No. 2
$12,931,078.00
19,200.00
63.420.00
TOTAL $13.013,698.00
Total change orders to date including proposed Change Order No. 2 are
equivalent to 0.5 per cent of the initial agreement value; and the
proposed change order cost will be apportioned between the
participating jurisdictions as follows:
City of Roanoke 36.7% $23,275.00
City of Salem 33.7% 21,373.00
Roanoke County 29.6% 18.772.00
$63.420.00
The City Manager recommended that he be authorized to execute
Change Order No. 2, in a form to be approved by the City Attorney, with
Casper Colosimo & Son, Inc., in the amount of $63,420.00 and zero
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:
(#34009-090898) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 2 t° 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. 61, page 148.)
233
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34009-090898.
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: None ........................................... ? ............................ O.
TRAFFIC-STATE HIGHWAYS-VALLEY VIEW MALL: The City
Manager submitted a written report advising that 1-581 Improvements
at Valley View Boulevard were endorsed by Council on March 18, 1996;
the Federal Highway Administration notified the City on August 23,
1996, of its approval of the new interchange access; Council approved
an agreement with the Virginia Department of Transportation for project
construction bidding and administration on December 16, 1996; 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 Iow bid
submitted to VDOT by Allegheny Construction Co., Inc., in the amount
of $3,964,813.90 (Ordinance No. 33619-102297).
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; Change Order No. 5, which establishes a
completion date for the opening of the northbound off-ramp to Valley
View Boulevard by October 1, 1998, with a bonus of $75,000.00, was
recently forwarded to the City from VDOT, in the;mount of $75,000.00;
Change Order No. 5 establishes a completion date for the opening of
the northbound off-ramp to Valley View Boulevard by October 1, 1998,
with a bonus of $75,000.00; the original contract specified a bonus of
$1,500.00 per day, not to exceed 30 days, for opening the entire
interchange earlier than November 1, 1998; the opening of Logan's
Roadhouse and Target has created a need to establish October 1 as a
fixed completion date for the northbound off-ramp; there is a
disincentive of $1,500.00 per day for failure to comply; the revised
contract total to date, including this change order, is $4,101,394.70; and
funding is available in 1-581 Interchange Account No. 008-052-9545-
9001.
The City Manager recommended that he be authorized to execute
Change Order No. 5.
234
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#34010-090898) AN ORDINANCE authorizing the City Manager
to execute Change Order No. 5 on behalf of the City to the contract
between the Virginia Department of Transportation and Allegheny
Construction Co., Inc., for 1-581 Interchange improvements at Valley
View Boulevard; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 149.)
Mr. Harris moved the adoption of Ordinance No. 34010-090898.
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: None ...................................................................... O.
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 July, 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.
CITY ATTORNEY:
CITY CODE-CITY ATTORNEY: The City Attorney submitted a
written report transmitting an ordinance amending the Code of the City
of Roanoke (1979), as amended, to increase to the maximum amount
permitted by the Code of Virginia the fee charged persons for passing
a bad check for payment of taxes or any other sum due and owing the
City of Roanoke; and pursuant to current state law, the measure will
235
increase the bad check fee from $20.00 to $25.00 and will have the
effect of making any future increases or decreases authorized by the
State Code automatically applicable to the City's bad check fee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#34011-090898) AN ORDINANCE amending and reordaining §2-
178, Fee for bad checks tendered to city_, of the Code of the City of
Roanoke (1979), as amended, to provide for imposition upon persons
tendering bad checks to the City of a fee in the maximum amount
permitted by the State Code; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 150.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34011-090898.
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: None ........................................................................ 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
TELEPHONE EQUIPMENT-TELEPHONE COMPANIES-
COMMUNICATIONS DEPARTMENT-WATER RESOURCES: Ordinance
No. 33992, authorizing the proper City officials to enter into separate
Lease Agreements between the City and Triton PCS Property Company,
L. L. C., for use of a portion of the following four City owned water
tanks and sites on which those water tanks are located: the
Washington Heights Water Tank, the Summit Water Tank, the Mount
Pleasant Water Tank, and the Grandin Court Elevated Water Tank No.
1; such use shall be for the placement, operation and maintenance of
personal communication system antennas and related equipment,
236
ACTION:
having previously been before the Council for its first reading on
Monday, August 17, 1998, 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:
(#33992-090898) AN ORDINANCE authorizing the proper City
officials to enter into separate Lease Agreements between the City and
Triton PCS Property Company, L. L. C., for use of a portion of the
following four City owned water tanks and sites on which those water
tanks are located: the Washington Heights Water Tank; the Summit
Water Tank; the Mount Pleasant Water Tank; and the Grandin Court
Elevated Water Tank No. 1 (also known as Creston Avenue Elevated
Water Tank No. 1). Such use shall be for the placement, operation, and
maintenance of personal communication system antennas and related
equipment, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 130.)
Mr. White moved the adoption of Ordinance No. 33992-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Swain offered the
following resolution designating the Honorable David A. Bowers as the
Voting Delegate and the Honorable C. Nelson Harris as the Alternate
Voting Delegate for the Annual Business Session of the Virginia
Municipal League to be held in Roanoke, Virginia, on October 6, 1998,
and designating W. Robert Herbert, City Manager, as Staff Assistant for
any meetings of the Urban Section of the League:
(#34012-090898) A RESOLUTION designating a Voting Delegate
and Alternate Voting Delegate for the Annual Business Session and
meetings of the Urban Section of the Virginia Municipal League and
designating a Staff Assistant for any meetings of the Urban Section.
(For full text of Resolution, see Resolution Book No. 61, page 151.)
237
ACTION:
Mr. Swain moved the adoption of Resolution No. 34012-090898.
The motion was seconded by Mr. Hudson and adopted by the folloWing
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
COUNCIL: Mr. Swain offered the following resolution providing
that the regular meeting of City Council regularly scheduled to
commence at 12:15 p.m., on Monday, October 5, 1998, will be
rescheduled to commence at 12:15 p.m., on Wednesday, October 7,
1998, such meeting to be held in the Council Chambers of the Municipal
Building, 215 Church Avenue, S. W., due to the Virginia Municipal
League Annual Conference to be hosted by the City of Roanoke on
October 4 - 6, 1998.
(#34013-090898) A RESOLUTION providing that the regular
meeting of City Council scheduled to be held on Monday, October 5,
1998, shall be rescheduled to Wednesday, October 7, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 152.)
Mr. Swain moved the adoption of Resolution No. 34013-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
COUNCIL: Mr. Swain offered the following resolution providing
that the regular meeting of City Council scheduled to commence at
12:15 p.m., on November 2, 1998, shall commence at 2:00 p.m., on the
same date. said meeting to be held in the City Council Chamber of the
Municipal Building, 215 Church Avenue, S. W.:
(#34014-090898) A RESOLUTION providing that the regular
meeting of City Council scheduled to commence at 12:15 p.m. on
November 2, 1998, shall commence at 2:00 p.m., on the same date.
238
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 153.)
Mr. Swain moved the adoption of Resolution No. 34014-090898.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-PUBLIC WORKS: Council Member Swain commended
City staff on a recent report with regard to quality of life issues in the
City of Roanoke, i.e.: weed control measures, animal control, junk cars,
etc. He suggested that certain noteworthy informational items in the
report should be included on the City Page of The Roanoke Times.
LEGISLATION-REFUSE COLLECTION: Council Member Swain
expressed concern with regard to littering on the premises of fast food
restaurants which is carried into residential neighborhoods. He spoke
in support of the City enacting legislation that would require those
business establishments to be responsible for collecting lifter as a
result of violations on their premises.
PARKS AND RECREATION: Council Member Wyatt inquired as
to the status of a report by the City Manager on the proposed
skateboard park; whereupon, the City Manager advised that the report
will be forthcoming pending receipt of a communication from Roanoke
County on the conditions of the County's donation of funds toward the
joint project.
BUDGET-CITY GOVERNMENT: Council Member White requested
that the City Manager review City government operations to identify
those areas where re-engineering of City services will save tax dollars,
and that the matter be referred to 1999-2000 budget study for
discussion.
239
ACTION:
Without objection by Council, the Mayor advised that the matter
would be referred to 1999-2000 budget study.
ECONOMIC DEVELOPMENT: Council Member White referred to
undeveloped property in the vicinity of Cove Road, Hershberger Road
and Ferncliff Avenue, N. W., and requested that the City Manager,
through the City's Economic Development Department, assure those
property owners that the City is willing to assist them in developing
their property to its highest and best use.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Council Member Trout
encouraged attendance at the October 13, 1998, Virginia Municipal
League Summit in Charlottesville, Virginia; whereupon, the Mayor
advised that Vice-Mayor Harris, Chairman of the Virginia Municipal
League General Laws Committee, will meet with the City Manager to
ensure that the City of Roanoke is well represented at the meeting and
that invitations will be extended to leaders from the business
community, neighborhood organizations and civic groups, etc.
OATHS OF OFFICE-DIRECTOR OF FINANCE-CITY CLERK-CITY
ATTORNEY-MUNICIPAL AUDITOR: A report of the City Clerk advising
of expiration of the two year terms of office of Mary F. Parker, City
Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal
Auditor; and Wilburn C. Dibling, Jr., City Attorney, on September 30,
1998, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that Mary F. Parker, City Clerk; James D.
Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and
Wilburn C. Dibling, Jr., City Attorney, be reappointed to their respective
offices for terms of two years, each, commencing October 1, 1998, and
ending September 30, 2000. The motion was seconded by Ms. Wyatt
and unanimously adopted.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 4:30 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.
240
ACTION:
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session 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 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 White, Wyatt, Harris~ Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that there is a vacancy on the Fair Housing Board
created by the resignation of Daniel E. Karnes, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of E. Duane Howard.
There being no further nominations, Mr. Howard was appointed
as a member of the Fair Housing Board, for a term ending March 31,
2001, by the following vote:
FOR MR. HOWARD: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Mayor advised that there is a vacancy on the Cultural
Services Committee created by the resignation of Augusta E. Farrier,
and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Thelma R. Holland.
There being no further nominations, Ms. Holland was appointed
as a member of the Cultural Services Committee, for a term ending
June 30, 1999, by the following vote:
FOR MS. HOLLAND: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMIS,7,1ON: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission created by the expiration of the term of
office of David Hill, and called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Will Trinkle.
There being no further nominations, Mr. Trinkle was appointed
as a member of the Roanoke Arts Commission, for a term ending
June 30, 2001, by the following vote:
ACTION:
FOR MR. TRINKLE: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ......... ~ ........................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 5:30 p.m.
APPROVED
Mary F. Parker
City Clerk
David A. Bowers
Mayor
241
242
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 21, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 21, 1998, 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, Reqular
Meetin_~s. 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; Wilburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
ROANOKE CiViC CENTER: James W. Stephens, Past Chairman, Roanoke
Civic Center Commission, advised that the Civic Center has recently completed its
most successful year in 25 years of operation as a result of re-engineering of certain
services. He further advised that the cost of operations in 1997-98 was $778,000.00
and has been reduced to $191,000.00, or a $600,000.00 reduction in one year;
724,000 patrons attended paid activities in the Civic Center complex which
generated tax dollars for the economic benefit of the Roanoke Valley; and a major
entertainer performed at Victory Stadium in August 1998 in a successful concert
event which proved that Victory Stadium is suitable during the proper months for
outdoor entertainment.
James M. Evans, Manager, Roanoke Civic Center, presented the Civic Center
Business Plan. He called attention to a challenge issued by the City Manager to
produce a business plan that would improve activities at the Civic Center, reduce
operating costs, and provide a high quality facility for customer enjoyment. He
explained that objectives for a successful business plan involved reorganizing the
Civic Center staff ranging from operations, to marketing, to the box office, to
administration, all of whom were required to become more event oriented. He stated
that another objective was to increase emphasis on marketing and customer service
along with the development of new revenue streams. He explained that Civic Center
243
staff will assume operation of the in-house food and beverage service in May 1999,
with the intent of providing quality service while creating the best possible revenue
scenario for the facility. He advised that an alternative has been submitted that will
reduce the economic deficit by as much as $500,000.00 within the five year plan
annually, with a long range objective to become totally self-sufficient in terms of
operations, although it is not expected to cover costs for capital improvements. He
stated that physical facility improvements were an important part of the business
plan objectives because of the age of the facility and its needs in terms of
competition and the future of the facility over the next 25 years.
Mr. Evans advised that a marketing plan was developed based on these
objectives and it was determined that a new image for the Civic Center was needed;
whereupon, he presented the new Civic Center logo. He added that the Civic Center
is striving to become a full service facility by creating an in-house ad agency, group
sales programs, in house electrical service, and in-house production services as to
the kinds of things that promoters need in a competitive environment which will also
create new revenue streams and provide extra service to customers. He advised
that increased use of the facility is a strong component of the marketing plan which
will include event creation, and an example is Oktoberfest which is proposed to be
an annual event in the Roanoke community, and promotion and co-promotion of
events by becoming more involved with the renting agency in terms of sharing
responsibility and revenue for the performing acts. He called attention to an added
emphasis on promoter and agency development and Civic Center staff will spend
considerable time cultivating relationships with promoters and agencies in order to
create the highest possible amount of activity in the facility. He advised that the
entertainment business is changing every day and it is more important that staffstay
abreast of those changes in order to be familiar with industry standards. He further
advised that identification kiosks will be placed in front of the three buildings, and
an energy systems audit and a physical facility assessment have been designed to
address future needs and changes. He referred to future capital improvement needs
of the facility which will help the Roanoke facility remain competitive with new Civic
Center complexes, i.e.: food and beverage operation kitchen equipment, exhibition
hall roof replacement, heating ventilation and air conditioning equipment
replacement, Americans with Disabilities Act issues, parking lot improvements, and
concrete enhancements to the outside area.
Mr. Evans advised that a long term needs assessment will evaluate parking
needs, traffic flow patterns, exhibit meeting room and banquet space needs, and
future use needs and changes that will be necessary for industry and facility
improvements. He called attention to the need to develop a master plan for future
public assembly facilities for the Roanoke community, the need to obtain an
alcoholic beverage control permit to take over the food and beverage service
244
program, the need for a change in the City's Tax Code to eliminate the tax on
complimentary tickets, and assistance of the Virginia Department of Transportation
with regard to off premises directional signage. He stated that it is projected that the
deficit will be reduced by approximately $180,000.00 in fiscal year 1998-99, and as
a result of assuming the in house food and beverage operation; there will be an
increase in net revenue per year of approximately $200,000.00.
Council Member Swain expressed concern with regard to the City's
involvement in selling alcoholic beverages on Civic Center premises and inquired
as to whether the City will incur any liability. He also inquired if alcoholic beverages
will be sold at hockey games only or at other Civic Center activities; whereupon,
Mr. Evans advised that he would respond in writing to Mr. Swain's inquiries.
Mr. White suggested better coordination between the Roanoke City Public
Schools and Civic Center staff to allow more scheduling of high school basketball
games in the Civic Center Coliseum; whereupon, Mr. Evans advised that he would
pursue the matter in an effort to clear more dates in the facility to accommodate high
school athletics.
Mr. White suggested that the Civic Center Business Plan be discussed as a
part of fiscal year 1999-2000 budget study inasmuch as it is a major re-engineering
of a City service.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, September 21, 1998, 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; Wilburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
245
The reconvened meeting was opened with a prayer by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Chief
Kevin T. Jordan, Naval and Marine Corps Reserve, presented
Certificates of Appreciation to those City employees who participated
in a slow pitch softball game to benefit Toys for Tots on August 12,
1998, at The River's Edge Sports Complex.
CONSENTAGENDA
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 a special award, being the annual Citizen of the Year Award;
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.)
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:
246
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor
David A. Bowers requesting that Council convene in Executive Session
to discuss a special award, being the annual Citizen of the Year Award,
pursuant to Section 2.1-344(A)(10), 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 a special award, being the
annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10),
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.
ARCHITECTURAL REVIEW BOARD-CULTURAL SERVICES
COMMITTEE-ROANOKE ARTS COMMISSION-HOUSING/AUTHORITY-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Lawrence E. Johns as a member of the Architectural
Review Board for a term ending October 1, 2001;
Beverly A. James as a member of the Cultural Services
Committee for a term ending June 30, 1999;
Ann D. Masters as a member of the Roanoke Arts
Commission for a term ending June 30, 2001;
Georgetta A. Welsh as a member of the Roanoke Arts
Commission for a term ending June 30, 2000; and
247
Christie M. Kelsey as a Commissioner of the Roanoke
Redevelopment and Housing Authority for a term ending
August 31, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
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.
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 on the Southern
Regional Education Board, was deferred until a later date.
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.
$50,000.00 in State Literary Fund loan proceeds to be used
for landscaping improvements at Huff Lane MicroVillage;
funds will be provided from literary funds; and
$397,275.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for summer capital
projects; funds will be used for textbook adoptions,
district-wide facility maintenance, alteration of
transportation facilities, district-wide paving repairs,
modular classroom installations, replacement of grounds
equipment, district-wide furniture needs, facility
improvements for Huff Lane, Ruffner, and Woodrow
Wilson, and handicap access.
248
ACTION:
ACTION:
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. Swain offered the following emergency budget ordinance:
(#34015-092198) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School and School Capital Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 156.)
Mr. Swain moved the adoption of Ordinance No. 34015-092198.
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.
LEGISLATION-TAXES-HOUSING/AUTHORITY: A communication
from Alvin Nash, President, Blue Ridge Housing Development
Corporation, transmitting a petition requesting adoption of a resolution
in support of the organization's request to obtain tax-exempt status
from the General Assembly of Virginia on certain real property located
at 510 11th Street, N. W., was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Harris and unanimously adopted.
Mr. White requested that the following information be provided
within 90 days:
1. What is the funding source(s) of Blue Ridge
Housing Development Corporation?
249
a
What is the total number of tax exempt properties
located within the City of Roanoke; and the number
of tax exempt properties in the City compared with
cities of comparable size?
What is the cost to the City of Roanoke to provide
exemptions from the real property tax?
Is the 20 percent payment in lieu of taxes sufficient
to cover lost revenue?
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-BRIDGES: The City Manager submitted a written report
advising that funding of $150,000.00 was adopted in the fiscal year
1998-99 budget for bridge maintenance, which funding exists in the
General Fund Transfer to Capital Projects Fund, Account No. 001-004-
9310-9508; and estimated cost for various small maintenance projects
as identified in annual consultant bridge inspections is $1,400,000.00.
It was further advised that funding needs to be transferred from
the General Fund to the Capital Projects Fund for bridge maintenance
needs; and bridges having the highest priority maintenance needs will
be determined by this year's bridge inspections and will be partially
funded by the requested fund transfer.
The City Manager recommended that Council appropriate
$150,000.00 to Capital Project Fund Account No. 008-052-9549-9003,
Bridge Maintenance, and advised that funding is available in the
General Fund Transfer to Capital Projects Fund Account No. 001-004-
9310-9508.
(For full text, see report on file in the City Clerk's Office.)
25O
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34016-092198) 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 158.)
Mr. Trout moved the adoption of Ordinance No. 34016-092198.
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.
WATER RESOURCES: The City Manager submitted a written
report advising that following proper advertising, quotations were
received from interested firms to prepare an Operations and
Maintenance Manual for the Water Pollution Control Plant in
accordance with requirements of the State Regulatory Agency; two
submittals were received from Biddle Enviro Technical Service, Inc., of
Natural Bridge, Virginia, and Hayes, Seay, Mattern and Mattern of
Roanoke, Virginia; and after interviewing both firms, it was determined
that Biddle Enviro Technical Service, Inc., is the best qualified.
The City Manager recommended that Council take the following
actions:
Authorize the City Manager to enter into a contractual
agreement with Biddle Enviro Technical Service, Inc., to
prepare an Operations and Maintenance Manual for the
Water Pollution Control Plant Upgrade and Expansion, in
a form and content to be approved by the City Attorney,
for the sum of $87,500.00, within a 15 month time frame.
Proportional share to each jurisdiction would be as
follows:
City of Roanoke 37.3% $32,637.50
County of Roanoke 29.2% 25,550.00
City of Salem 20.9% 18,287.50
251
ACTION:
County of Botetourt 7.0% $ 6,125.00
Town of Vinton 5.6% 4.900.00
TOTAL $87.500.00
Remaining available funding in the project contingency
account would be $1,118,737.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34017-092198) A RESOLUTION authorizing a contract with
Biddle Enviro Technical Service, Inc., to produce an Operations and
Maintenance Manual for the Water Pollution Control Plant Upgrade and
Expansion.
(For full text of Resolution, see Resolution Book No. 61, page 159.)
Mr. Trout moved the adoption of Resolution No. 34017-092198.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-GRANTS: The City Manager submitted a written report
advising that the City of Roanoke was notified of a Local Government
Challenge Grant available through the Virginia Commission for the
Arts; and application for the grant was made at the request of the Arts
Council of the Blue Ridge, The Roanoke Symphony and Roanoke Valley
Choral Society, Mill Mountain Theatre, and Opera Roanoke.
It was further advised that notification from the Commission for
the Arts has been received that a grant of $4,750.00 is available; and
grant funds of $4,750.00 will be distributed to The Arts Council of the
Blue Ridge ($1,187.50), Roanoke Symphony and Roanoke Valley Choral
Society ($1,187.50), Mill Mountain Theatre ($1,187.50), and Opera
Roanoke ($1,187.50).
252 '
ACTION:
ACTION:
The City Manager recommended that Council appropriate
$4,750.00 to revenue and expenditure accounts to be established by the
Director of Finance in the Grant Fund; and that he, or his designee, be
authorized to execute the Local Government Challenge Grant on behalf
of the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34018-092198) 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 160.)
Mr. Trout moved the adoption of Ordinance No. 34018-092198.
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. Trout offered the following resolution:
(#34019-092198) A RESOLUTION authorizing the acceptance of
a Local Government Challenge Grant from the Virginia Commission for
the Arts.
(For full text of Resolution, see Resolution Book No. 61, page 161.)
Mr. Trout moved the adoption of Resolution No. 34019-092198.
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.
253
ACTION:
BUDGET-SCHOOLS: The City Manager submitted a written report
advising that the Community Education Program is a school based
program which has been in operation since 1980 under the Human
Development Directorate; and programs are currently being conducted
at Fallon Park and Hurt Park Elementary Schools.
It was further advised that the Office on Youth has assumed
responsibility for program management and supervision of the
Community Education Program, effective July 1, 1998; funding in the
amount of $10,764.00 was included in the fiscal year 1998-99 General
Fund budget in the Transfer to Grant Fund Account; and funding for the
program should remain in the General Fund budget in order to maintain
continuity and to comply with reporting requirements.
The City Manager recommended that Council authorize the
transfer of $10,764.00, as follows:
1004 Temporary Employee Wages $ 8,677.00
1120 FICA 664.00
2035 Expendable Equipment 1,073.00
2054 Fleet Mgmt. Daily Vehicle Rental 350.00
TOTAL $10,764.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34020-092198) 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 161.)
Mr. Trout moved the adoption of Ordinance No. 34020-092198.
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.
254
CITY EMPLOYEES-PERSONNEL DEPARTMENT: The City
Manager and the City Attorney submitted a joint written report advising
that at the City Council meeting on August 17, 1998, Ronald E.
Mathews, a former City employee, and Evelyn B. Wheeler, a City
employee, appeared before Council and made statements concerning
the City's Grievance Procedure; by consensus, the statements were
referred to the City Manager and the City Attorney for review and
report; and at the same time, Council Member Wyatt requested that
Council be provided with a comparison of the City's Grievance
Procedure and the State's Grievance Procedure.
(For full text, see report on file in the City Clerk's Office.)
Ms. Evelyn D. Wheeler, a City employee, 1554 16th Street, N. W.,
advised that the report indicates that the issues which were of concern
to her were addressed in the August 3, 1998, report; however, she
stated that the figures relating to grievances are incorrect. She
expressed concern as to the composition of the Personnel and
Employment Practices Commission, and disappointment with some
members of the City Administration. She stated that employees are the
backbone of any organization, they are often the direct contact with the
citizens, they make the organization what it is, and exist when
employees are not treated fairly. She advised that she will continue in
her employment with the City of Roanoke and strive to do her best,
despite current working conditions, in order to provide the quality of
service that the citizens of Roanoke deserve.
Mr. Ronald A. Mathews, a former City employee, Route 2, Box
203, Goodview, Virginia, expressed concern regarding the City's
grievance procedure. He advised that over a period of ten years, 45
grievances were filed, none of which were won by the City employee,
and the fact that the City enacted its grievance procedure just 20 days
before the State-mandated local grievance procedure should
demonstrate that the City did not want the State's Grievance Procedure.
He requested that the City adopt a measure enacting the State's
Grievance Procedure.
Mr. Robert D. Gravely, 1412 Moorman Road, N. W., advised that
each City department is treated differently because of mismanagement.
He criticized the City for not promoting from within the rank and file of
employees which explains the large number of grievances filed by City
employees. He advised that the average City worker earns $13,000.00
255
per year which is not sufficient to care for their family, and the City
should develop a program that will promote interest in City workers so
that they will prosper which will, in effect, decrease the number of
grievances filed by City workers. He stated that in those instances
where there is a major grievance, it should be heard by the Personnel
and Employment Practices Commission; however, when there are
minor grievances, they should be addressed within the affected
department by a panel of peers.
Upon question, the City Attorney advised that local governments
in the Commonwealth of Virginia have been required to have grievance
procedures since June 30, 1974; and since the City already had a local
grievance procedure and a Personnel Board created to hear grievances
prior to the State-mandated procedure, the City was permitted to retain
its panel composition method which was in effect at the time of the
enactment of the State-mandated local grievance procedure. He
explained that under the State's Grievance Procedure, a hearing officer
is currently utilized as the final step and the hearing officer is selected
from a list of hearing officers approved by the Supreme Court of
Virginia. He explained that local government has not been given that
option.
Following discussion of the matter, Ms. Wyatt moved that the
City adopt a grievance procedure that uses a three member panel; viz:
one person selected by the grievant, one person selected by the
agency head, and one person mutually agreed upon by the first two
panel members, and that the decision of the panel be binding.
The motion failed for lack of a second .....
Mr. Swain moved that the joint report of the City Manager and the
City Attorney be received and filed. The motion was seconded by Mr.
Trout and adopted, Council Member Wyatt voted no.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION: 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 two 12,000 gallon fiberglass fuel storage tanks and
256
ACTION:
related work to be located behind the Parks and Recreation Department
headquarters at 210 Reserve Avenue, S. W.; 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 S. J. Conner and Sons, Inc., in the amount of
$94,457.00 and 90 consecutive calendar days to complete
the work, in accordance with contract documents as
prepared by the Office of City Engineer.
Authorize the Director of Finance to transfer funds in the
amount of $56,860.00 from Building Maintenance Account
No. 001-052-4330-3057 to Transfer to Capital Projects Fund
Account No. 001-004-9310-9508; also appropriate funding
of the same in the Capital Projects Fund Account No. 008-
052-9566-9003 Parks - Above Ground Tank, for total
project funding of $94,457.00.
Reject all other bids received by the City.
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:
(#34021-092198) 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 162.)
Mr. Swain moved the adoption of Ordinance No. 34021-092198.
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.
257
Mr. Swain offered the following emergency ordinance:
(#34022-092198) AN ORDINANCE accepting the bid of S. J.
Conner and Sons, Inc., to provide and install two 12,000 gallon
fiberglass fuel storage tanks and related work at the Parks and
Grounds location at 210 Reserve Avenue, S. W., 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 164.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34022-092198.
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.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ROANOKE MEMORIAL HOSPITALS-HOSPITALS-ENTERPRISE
ZONE: Ordinance No. 34000, authorizing the City Manager to execute
a Parking Agreement with Carilion Health System (Carilion) to provide
for parking permits as part of the relocation of job positions from
outside Enterprise Zone One to within Enterprise Zone One, having
previously been before the Council for its first reading on Monday,
September 8, 1998, 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:
(#34000-092198) AN ORDINANCE authorizing the City Manager
to execute a Parking Agreement with Carilion Health System (Carilion)
to provide for parking permits as part of the relocation of job positions
from outside Enterprise Zone One to within Enterprise Zone One.
258
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 154.)
Mr. Trout moved the adoption of Ordinance No. 34000-092198.
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 abstained from voting).
COMMUNICATIONS DEPARTMENT-BELL ATLANTIC - VIRGINIA,
INC.-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: Ordinance
No. 34007, authorizing the City Manager to execute, on behalf of the
City, a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc.,
and extension agreements for the Temporary Nonexclusive Revocable
License Agreements with KMC Telecom of Virginia, Inc., and American
Communication Services of Virginia, Inc., now doing business as
e.spire Communications, Inc., having previously been before the
Council for its first reading on Monday, September 8, 1998, 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:
(#34007-092198) AN ORDINANCE authorizing the City Manager
to execute on behalf of the City a Franchise Extension Agreement with
Bell Atlantic Virginia, Inc., and extension agreements for the
Temporary Nonexclusive Revocable License Agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of
Virginia, Inc., now doing business as e.spire Communications, Inc.
(For full text of Ordinance, see Ordinance Book No. 61, page 155.)
Mr. Trout moved the adoption of Ordinance No. 34007-092198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
259
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
COUNCIL: Mr. Trout offered the following resolution changing the
place of commencement of the regular meeting of City Council
scheduled to be held at 12:15 p.m., on Wednesday, October 7, 1998,
from the City Council Chamber to Sanctuary - Crisis Intervention
Center, 4350 Coyner Springs Road, Botetourt County, Virginia, with the
2:00 p.m. session on the same date to be held in the City Council
Chambers of the Municipal Building, 215 Church Avenue, S. W., in the
City of Roanoke:
(#34023-092198) A RESOLUTION changing the place of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Wednesday October 7, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 165.)
Mr. Trout moved the adoption of Resolution No. 34023-092198.
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.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ZONING-COMPLAINTS-COUNCIL: It was the consensus of
Council that the City Manager and the City Attorney would be requested
to review the City's ordinance in regard to removal of abandoned
vehicles on private property to determine if the measure should be
amended to include stronger compliance regulations.
260
ACTION:
POLICE DEPARTMENT: Council Member Swain advised that
some time ago, he took issue with the reporting of crime incidents in
The Roanoke Times in which only those crime statistics from the City
of Roanoke were reported. He stated that The Roanoke Times is
currently reporting crime incidents from the City of Salem which
provides citizens with comparable data and will encourage citizens to
work in cooperation with the Police Departmentto reduce the incidents
of crime in their localities. He called attention to the practice of some
localities to use video cameras in areas of high crime which ultimately
have led to a reduction in the crime rate, and inquired if video cameras
are used in the City of Roanoke.
The City Manager advised that the City is beginning to use video
cameras in the neighborhoods and there will be increased use of the
equipment in the future.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT: Mr. Robert Gravely, 1412 Moorman Road,
N. W., advised that a curfew should be imposed in areas of high crime
which will lead to a reduction in the City's crime rate.
POLICE DEPARTMENT-COMPLAINTS: Mr. Shaheed Omar, 1219
Loudon Avenue, N. W., expressed concern with regard to certain
alleged activities taking place at a local night club located on Salem
Avenue, S. W., known as the Ghost of Hollywood. He advised that there
is no age limit on persons who patronize the club, marijuana is smoked
on premises, and there is co-mingling of young persons with persons
over the age of 21. He requested that the City investigate the alleged
violations and take corrective action.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
At 3:45 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 Mr. White who left the meeting
immediately following the Executive Session.
261
ACTION:
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. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White left the meeting following the Executive
Session.)
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 Lucy
Hazlegrove, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name.of D. Bailey Tyler.
There being no further nominations, Ms. Tyler was appointed as
a member of the Roanoke Arts Commission, for a term ending June 30,
2000, by the following vote:
FOR MS. TYLER: Council Members Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................. 6.
(Council Member White was absent).
OATHS OF OFFICE-COMMITTEES-VIRGINIA'S FIRST REGIONAL
INDUSTRIAL FACILITY AUTHORITY: Pursuant to the Virginia Regional
Industrial Facilities Act, Chapter 64, Title 15.2, Code of Virginia (1950),
as amended, and pursuant to Ordinance No. 33961-081798 adopted on
August 17, 1998, creating Virginia's First Regional Industrial Facility
Authority, the Mayor advised that the City of Roanoke is entitled to
appoint two representatives to the Authority; whereupon, he opened
the floor for nominations.
262
ACTION:
Mr. Harris placed in nomination the name of James O. Trout.
There being no further nominations, Mr. Trout was appointed as
a City Representative to Virginia's First Regional Industrial Facility
Authority, for a term ending September 24, 2002, by the following vote:
FOR MR. TROUT: Council Members Wyatt, Harris, Hudson,
Swain, Trout and Mayor Bowers .................................................... 6.
(Council Member White was absent.)
At 4:25 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, September 21, 1998, 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 and
Mayor David A. Bowers ................................................................ 6.
ABSENT: Council Member William White, Sr.- ........................ 1.
OFFICERS PRESENT: W. Robert Herbert, 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 Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a proclamation
declaring October 2, 1998, as Roanoke Valley Chess Club Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
263
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS:
Kenneth L. Bevins, President, Ridgewood Park Neighborhood League,
advised that the neighborhood association recently purchased land in
their neighborhood which they propose to donate to the City with the
ultimate goal of developing a neighborhood park. He requested the
City's assistance in developing a park in the Ridgewood community.
The City Manager advised that Ridgewood Park residents were
engaged in the planning process long before the Comprehensive Park
Study commenced. He stated that in the 1980's, there was a realization
that the Ridgewood neighborhood was an under served area, therefor,
there is no question about the need for a park. He further stated that
Mr. Bevins is appropriately staking out his territory so that Council will
be aware of the work that has been done to date and in order to keep
the proposal before the Parks Study Committee. He pointed out that
with the resignation of the Parks Planner, planning on the project has
come to a halt and City staff proposes to address the matter as a part
of a parks comprehensive package.
Without objection by Council, the Mayor advised that the remarks
of Mr. Bevins 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, September 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of RIA, LLC, that
a tract of land located on the west side of Hollins Road, N. E., identified
as a portion of Official Tax No. 3140301, be rezoned from HM, Heavy
Manufacturing 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, September 3, 1998, and Thursday,
September 10, 1998, and in The Roanoke Tribune on Thursday,
September 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
264
ACTION'
A communication from Michael K. Smeltzer, Attorney,
representing the petitioner, requesting that the matter .be tabled until
the regular meeting of Council on Monday, October 19, 1998, at 7:00
p.m., was before the body.
(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 tabled until the regular meeting of Council on Monday,
October 19, 1998, at 7:00 p.m. ~
ENTERPRISE ZONE-ZONING: The City Clerk having advertised
a public hearing for Monday, September 21, 1998, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in the City Council
Chamber, on a proposal of the City of Roanoke to make an application
to the Virginia Department of Housing and Community Development to
amend the boundaries of Enterprise Zone Two, which amendment
proposes the addition of approximately 49.7 acres of land located in
portions of Census Tract 23, Block Group 9, with the following tax map
numbers proposed to be added to Enterprise Zone Two: 6450104,
6450109, 6450111 -6450115, inclusive, 6450119, 6460101, 6460104,
6460105, 6460106, 6472001 - 6472008, inclusive, and 6472301, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Time~ on Sunday, September 6, 1998, and Sunday,
September 13, 1998; and in The Roanoke Tribune on Thursday,
September 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Enterprise Zone Program in the City of Roanoke has been successful
in promoting economic development; since 1985, 79 companies have
been certified for State enterprise zone tax credits and grants; and the
City of Roanoke has two Enterprise Zones: Enterprise Zone One which
was established in 1984 and encompasses 1,906 acres and is centered
along the main east-west tracks of the Norfolk and Western Railroad,
and Enterprise Zone Two which was established in 1996 and has
1,027.5 acres and includes the East Gate residential area and parts of
Hollins Road North, the Roanoke Centre for Industry and Technology
and Statesman Industrial Park.
265
It was further advised that Council recently authorized amending
Enterprise Zone One to include the Melrose and Shenandoah Avenue
Commercial Corridors, Roanoke-Salem Plaza, Blue Ridge Industrial
Park, Ninth Street Southeast commercial corridor, Sixth to Eighth
Streets, S. W., and portions of Thirteenth Street, S. W., near and under
Memorial Bridge; and Virginia law provides for one subzone to an
existing Enterprise Zone which does not have to be contiguous to the
current Enterprise Zone boundary; and the subzone acreage, in
addition to the current Enterprise Zone acreage, cannot exceed the
maximum size for the locality, with the maximum size allowed for
Roanoke's Enterprise Zone Two being 1,906 acres.
It was explained that the Office of Economic Development has
identified 49.7 acres of developable property to add as a subzone to the
Enterprise Zone Two boundaries located on the west side of Interstate
581 near the Hershberger Road interchange; the 49.7 additional acres
combined with the 1,027.5 acres already in Enterprise Zone Two will
bring the total acreage for Enterprise Zone Two to 1,077.2 acres, which
is below the maximum of 1,906 allowed for Enterprise Zone Two and
will provide for future expansion of the zone if necessary; and Virginia
Enterprise Zone Program regulations require at least one public
hearing on the requested amendment prior to its submission to the
Virginia Department of Housing and Community Development for
approval by the State.
The City Manager recommended that Council authorize the
addition of a subzone to Enterprise Zone Two and adopt the
appropriate measure authorizing the City Manager to file an application
for a boundary amendment with the Virginia Department of Housing
and Community Development.
(For full text, see report on file in the City Clerk's Office.)
Lisa Fain, Economic Development Specialist, Office of Economic
Development, presented a briefing on the proposed addition of a
subzone to Enterprise Zone Two.
Mr. Trout offered the following Resolution:
(#34024-092198) A RESOLUTION authorizing the proper City
officials to make a boundary amendment to Roanoke's Enterprise Zone
Two that will add as a subzone certain areas not currently in Enterprise
266
ACTION:
Zone Two; and to authorize the City Manager to apply to the Virginia
Department of Housing and Community Development for approval of
the boundary amendment for the addition as a subzone of certain areas
not currently in Roanoke's Enterprise Zone Two and to take such
further action as may be necessary to obtain the boundary amendment.
(For full text of Resolution, see Resolution Book No. 61, Page 166.)
Mr. Trout moved the adoption of Resolution No. 34024-092198.
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 and
following questions and comments by the Members of Council,
Resolution No. 34024-092198 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: Council Member Swain ............................................ 1.
(Council Member White was absent.)
Council Member Swain stated that his no vote was cast because
he needs additional information.
POLICE DEPARTMENT-COMPLAINTS-OTHER HEARING OF
CITIZENS: Kevin Jenks and Abjab Karkenny, representing King's
Inferno Corporation, a music venue and restaurant located at 324 Salem
Avenue, S. W., addressed Council with regard to an alleged unusual
amount of attention by the Roanoke City Police Department to a certain
segment of the patrons of their establishment, specifically young black
youth; unprofessional conduct by members of the Police Department;
and the release of a statement by the Police Department to the news
media wrongly associating their business with a local murder, which
events have had a severe economic impact on their restaurant.
It was the consensus of Council that the remarks of Messrs.
Jenks and Karkenny would be received and filed, and referred to the
City Manager for appropriate response.
267
There being no further business, the Mayor declared the meeting adjourned
at 8:05 p.m.
APPROVED
City Clerk
David A. Bowers
Mayor
268
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
October 7, 1998
12:15 p.m.
A joint meeting of the Roanoke City Council and the Roanoke County Board
of Supervisors was called to order on Wednesday, October 7, 1998, at 12:15 p.m., at
Sanctuary, Crisis Intervention Center, 4350 Coyner Springs Road, Botetourt County,
with Mayor David A. Bowers and Chairman Bob L. Johnson presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ............................................................................................ 6.
ROANOKE CITY COUNCIL MEMBERS ABSENT: C. Nelson Harris ....... ' ...... 1.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F.
Harrison, Harry C. Nickens, Joseph McNamara and Chairman Bob L. Johnson----4.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix--1.
OTHERS PRESENT: Representing Roanoke City: James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director, Public
Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director,
Human Development; George C. Snead, Jr., Director, Public Safety; Andrea B.
Krochalis, Manager, Crisis Intervention Center; James O'Hare, Assistant Manager,
Crisis Intervention Center; Wanda B. Reed, Coordinator, Emergency Services;
Representing Roanoke County: Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator; Don C. Myers, Assistant County
Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board;
Ann Marie Green, Public Information Officer; Diane D. Hyatt, Director of Finance; and
Thomas S. Haislip, Director, Parks and Recreation.
The meeting was opened with a prayer by Mayor Bowers.
Following lunch, the business session convened at 12:45 p.m.
YOUTH: Annie Krochalis, Manager, Crisis Intervention Center, welcomed
attendees to the facility and called upon James O'Hare, Assistant Manager, for a
briefing with regard to programs offered at Sanctuary. He advised that Crisis
269
Intervention Center which has been in continuous operation since 1977, offers a
short-term residential counseling program for adolescents who are at risk for
removal from the home or through their involvement with the juvenile justice
system. He stated that the facility provides services to youth through a Federally
funded runaway homeless youth program that provides outreach services to youth
and their families; and Sanctuary has maintained a regional approach to dealing with
children.
EMERGENCY SERVICES-GRANTS: Anne Marie Green, Roanoke County
Public Information Officer, advised that Project Impact is an initiative of the Federal
Emergency Management Agency, which is a program aimed at reducing the impact
of disasters in communities and challenges the nation to undertake action to protect
families, businesses and communities by reducing the impact of disasters. She
further advised that the Roanoke Valley is the only locality in the Commonwealth of
Virginia that was chosen to participate in Project Impact, and the Roanoke Valley
was selected because of joint cooperation efforts, particularly on the regional storm
water management plan, by the four localities: Roanoke City, Roanoke County,
Salem and Vinton. She explained that the goal of Project Impact is to become totally
disaster ready; a regional steering committee was appointed consisting of
representatives from the four local governments; the program will be coordinated
and staffed by the Fifth Planning District Commission; and subcommittees have
been appointed to address various issues. She stated that the success of Project
Impact is aimed at involving citizens and the private sector as much as possible and
several businesses have already offered assistance. She explained that the
Roanoke Valley could receive in the range of $300,000.00 to $500,000.00 in grant
funds from the Federal Emergency Management Agency which requires a local
match.
Wanda B. Reed, Coordinator, Roanoke City Emergency Services, advised that
a steering committee and six subcommittees were appointed composed of
representatives from all four valley jurisdictions. She presented an overview of the
work of the subcommittees; viz:
(1) The Land Use Subcommittee will assess land use issues through
existing development land use or other activities that could contribute
to hazards, review and/or revise local codes on zoning, subdivision,
buildings, drainage, storm water management, erosion and sediment
control, coordinate efforts of Building, Engineering, Planning and
Zoning Departments, and engage in an internal review of all public
works projects.
270
(2) The Geographic Information System Subcommittee will develop and
implement a regional GIS system for the purpose of hazard mitigation
and project implementation.
(3) The Storm Water Management Subcommittee will continue to
conduct feasibility studies for implementation and funding of Federal
storm water management.
(4) The Public Information and Community Relations Subcommittee will
disseminate information on Project Impact, in an effort to educate
citizens and encourage individuals to pursue methods of mitigation and
self-help.
(5) The Hazard Analysis Subcommittee will review and study potential
hazards in the Roanoke Valley and mitigation approaches.
(6) The Partnership and Resource Development Subcommittee will
enlist the assistance of every component of the community.
Ms. Reed advised that the Roanoke Valley's application must be submitted to
FEMA by November 6 and full funding of $500,000.00 will be requested, with the
Roanoke Valley's "softmatch" being approximately $166,000.00. She stated that a
signing ceremony will be announced after the Federal Emergency Management
Agency approves the project which is tentatively scheduled for the first week in
December.
ECONOMIC DEVELOPMENT: Elmer C. Hodge, County Administrator, advised
that several weeks ago, a meeting was held to discuss the feasibility of placing the
operation of the Roanoke Valley Convention and Visitors Bureau and Roanoke City
and Roanoke County Economic Development Departments under the auspices of the
Roanoke Valley Regional Partnership. As a result of the meeting, he stated that the
City Manager and the County Administrator were requested to meet with
representatives of the Regional Partnership to discuss the matter; however, it was
agreed that assistance is needed to devise a better analogy. Therefor, he explained
that representatives of the University of Virginia and Virginia Tech have been
contacted to determine if they are knowledgeable of any other localities that have
pursued this approach. He added that the Roanoke Valley Regional Chamber of
Commerce has discussed the idea of conducting a planning session on economic
development, and an update should be available in approximately one month.
271
FIRE DEPARTMENT: George C. Snead, Jr., Roanoke City Director of Public
Safety, called attention to regional efforts to contain the electrical fire at Community
Hospital which occurred on October 5, 1998, and advised that it took considerable
resources to move patients and staff from all seven floors of the hospital, while
dealing with traffic and other issues. He commended the efforts of Roanoke County
staff who came to the scene of the emergency, along with emergency service
personnel from the Town of Vinton and the City of Salem. He stated that within one
hour into the Community Hospital fire, there was another fire in the City in the
Wasena neighborhood which took three more companies out of fire stations and
Roanoke County came to the City's assistance by replacing equipment to help
balance coverage in the City, all of which was handled both professionally and
efficiently.
Mr. Snead called attention to other Roanoke Valley regional cooperation
efforts, such as the regional radio system, a proposed regional fire and emergency
medical services training facility, a mutual agreement on the enforcement of the
motor vehicle decal which is observed by approximately 12 jurisdictions throughout
the Roanoke Valley and surrounding localities, and a long standing police
interjurisdictional aid agreement with Roanoke County, Salem and Vinton. He
referred to a new initiative currently in the discussion phase to begin to look at other
areas of cooperation in an effort to think strategically about those issues that will
enhance the level of service to all Roanoke Valley customers and employees so that
what is done in one jurisdiction will compliment that which is done in other
jurisdictions.
PARKS AND RECREATION: Thomas S. Haislip, Director, Roanoke County
Parks and Recreation, advised that the regional skateboard park project has reached
the point where a memorandum of understanding is needed in regard to
development and maintenance costs, and liability issues. He called attention to
previous correspondence addressed to the Manager of the City's Department of
Parks and Recreation advising of the need for the City Attorney and the County
Attorney to draft appropriate language for the agreement proposed for approval by
the Roanoke County Board of Supervisors and Roanoke City Council.
William F. Clark, Roanoke City Director of Public Works, advised that Roanoke
City is committed to work with the neighborhoods and that which started out as a
$20,000.00 skateboard park project has become a $60,000.00 project. He explained
that the City has started construction by grading the site, the asphalt company is
scheduled to pave the surface during the week of October 12, to be followed by
construction by work crews from Roanoke City and Roanoke County. He stated that
the skateboard park project is moving ahead while the agreement is being prepared
by the two legal staffs.
272
Dr. Nickens inquired if the skateboard park could be another venue for
Virginia Amateur Sports, and requested that Mr. Haislip communicate with officials
of Virginia Commonwealth Games.
Mayor Bowers requested an update on the skateboard park project sometime
during the next few weeks.
There being no further business, the Mayor declared the Roanoke City Council
meeting in recess at 1:18 p.m., to be reconvened at 2:00 p.m., in the City Council
Chamber, 215 Church Avenue, S. W., Roanoke, Virginia.
At 2:00 p.m., on Wednesday, October 7, 1998, 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., Linda F. Wyatt 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 David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a
declaring the month of October 1998 as National
Awareness Month.
Proclamation
Breast Cancer
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a
Proclamation declaring October 4 - 10, 1998, as Fire Prevention Week.
(For full text, see Proclamation on file in the City Clerk's Office.)
273
PUBLIC HEARINGS:
VIRGINIA MUNICIPAL LEAGUE: On behalf of the Members of
Council, the Mayor commended the City Manager and City staff for their
efforts in coordinating a successful Virginia Municipal League Host City,
Night on Monday, October 5, 1998, on the City Market.
FIRE DEPARTMENT: James Grigsby, Chief, Fire/Emergency
Medical Services, presented a briefing on the fire which occurred at
Community Hospital on Monday, October 5, 1998. He advised that City
of Roanoke and Community Hospital emergency plans worked well in
order to safely evacuate all patients and staff from the hospital. He
called attention to and expressed appreciation for the assistance of
emergency services personnel from Roanoke City, Roanoke County,
Salem and Vinton.
BONDS/BOND ISSUES-BUDGET-SCHOOLS: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Wednesday,
October 7, 1998, at 2:00 p.m., or as soon thereafter as the matter may
be heard, to consider adoption of a resolution approving the issuance
by the City of its general obligation bond or bonds, in an amount not to
exceed $1,250,000.00, for the purpose of financing certain capital
improvements in connection with Huff Lane Elementary School, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, September 21, 1998, and Monday,
September 28, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
Richard L. Kelley, Assistant Superintendent of Operations,
Roanoke City Public Schools, appeared before Council in support of
the request.
Mr. Trout offered the following resolution:
(#34025-100798) A RESOLUTION authorizing the issuance of not
to exceed $1,250,000.00 General Obligation School Bonds of the City
of Roanoke, Virginia, Series 1998-A, to be sold to the Virginia Public
School Authority and providing for the form and details thereof.
274
ACTION:
(For full text of Resolution, see Resolution Book. No. 61, page 168.)
Mr. Trout moved the adoption of Resolution No. 34025-100798.
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council in connection with the matter. There being none,
Resolution No. 34025-100798 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ................................................................... 0.
Council Member Swain requested information on future school
renovations, new construction, cost estimates, funding source(s), and
anticipated completion dates, etc.
Without objection by Council, the Mayor requested that Members
of Council be provided with the abovedescribed information.
BONDS/BOND ISSUES-BUDGET-SCHOOLS: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Wednesday,
October 7, 1998, at 2:00 p.m., or as soon thereafter as the matter may
be heard, to consider adoption of a resolution approving the issuance
by the City of its general obligation bond or bonds, in an amount not to
exceed $5,200,000.00, for the purpose of financing certain capital
improvements in connection with Lucy Addison Middle School, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, September 21, 1998, and Monday,
September 28, 1998.
(See publisher's affidavit on file in the City Clerk's Office.)
Richard L. Kelley, Assistant Superintendent of Operations,
Roanoke City Public Schools, appeared before Council in support of
the request.
275
Mr. Trout offered the following resolution:
(#34026-100798) A RESOLUTION authorizing the issuance of not
to exceed $5,200,000.00 General Obligation School Bonds of the City
of Roanoke, Virginia, Series 1998-A, to be sold to the Virginia Public
School Authority and providing for the form and details thereof.
(For full text of Resolution, see Resolution Book No. 61, page 179.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34026-100798.
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council in connection with the matter. There being none,
Resolution No. 34026-100798 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ O.
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 of actual litigation, specifically a matter pending in the
Circuit Court for the City of Roanoke; a matter of actual litigation,
specifically litigation related to health insurance claims; 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, July 6, 1998, and Monday, July 20, 1998; and the joint meeting
of Roanoke City Council and the Roanoke County Board of Supervisors
held on Tuesday, July 14, 1998, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
276
ACTION:
ACTION:
ACTION:
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 Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 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:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None ....................................................................... 0.
CITY ATTORNEY-COUNCIL: A report of the City Attorney
requesting that Council convene in Executive Session to discuss a
matter of actual litigation, specifically a matter pending in the Circuit
Court for the City of Roanoke, 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 of the City
Attorney to convene in Executive Session to discuss a matter of actual
litigation, specifically a matter pending in the Circuit Court for the City
277
ACTION:
of Roanoke, 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,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
CITY ATTORNEY-COUNCIL: A report of the City Attorney
requesting that Council convene in Executive Session to discuss and
consider a matter of actual litigation, specifically litigation related to
health insurance claims, 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 of the City
Attorney to convene in Executive Session to discuss and consider a
matter of actual litigation, specifically litigation related to health
insurance claims, 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,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
STATE HIGHWAYS-CONSULTANTS REPORTS: A communication
from Mayor David A. Bowers recommending that the City Manager
engage a consultant to assess the economic impact of the routing of
Interstate 73, was before Council.
It was advised that Interstate 73 will have a tremendous impact
wherever it goes, and could be the biggest economic development
issue for the Roanoke region in 20 years; Roanoke is a large City and
it may very well be that the focus is more and more on locating 1-73
through Roanoke; and the routing of Interstate 73 outside of Roanoke
may have a negative impact because Roanoke may be forever
bypassed by new development that could come with the Interstate.
278
ACTION:
The Mayor requested that Council instruct the City Manager to
develop a proactive approach; the City was previously advised that a
decision by the Council on whether to support a routing of the road
might not come until next year, however, Council has an obligation to
Roanoke's citizens to insure that their views are involved in the
process, and that Council has information and statistics to support the
City's position.
The Mayor asked that the City Manager engage a consultant to
assess the economic impact of the routing of Interstate 73; public
hearings are needed between now and the time that the decision is to
be made by Council; and requested that the matter be referred to the
City Manager for review and report to Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the matter be referred to the City Manager
for review and report to Council. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS
REPORTS-PENSIONS: A report of the City Manager with regard to the
status of hiring a consultant to conduct a pay and benefits study for
City employees, was before Council; whereupon, the item was removed
from the Consent Agenda for separate discussion. (See pages 281 - 291
and pages 318 - 320).
CULTURAL SERVICES COMMITTEE-HOUSING/AUTHORITY-
HUMAN DEVELOPMENT COMMITTEE-ROANOKE ARTS COMMISSION-
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-MUNICIPAL
AUDITOR-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council: ·
Thelma R. Holland as a member of the Cultural Services
Committee for a term ending June 30, 1999;
279
ACTION:
E. Duane Howard as a member of the Fair Housing Board
for a term ending March 31, 2001;
Anita J. Price as a member of the Advisory Board of
Human Development for a term ending November 30,
2001;
Will Trinkle as a member of the Roanoke Arts Commission
for a term ending June 30, 2001; and
Robert H. Bird as Municipal Auditor; Wilburn C. Dibling,
Jr., as City Attorney; James D. Grisso as Director of
Finance; and Mary F. Parker as City Clerk for the City of
Roanoke for terms of two years, each, commencing
October 1, 1998 and ending September 30, 2000.
(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,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS
REPORTS: A report of the City Manager with regard to the status of
hiring a consultant to conduct a pay and benefits study, having been
removed from the Consent Agenda for separate discussion, the matter
was again before the body.
Council Member Wyatt advised that because of the importance
of the study and questions that will need to be addressed during fiscal
year 1999-2000 budget study, it would be advantageous to appoint a
Council liaison to observe the process and not participate in
discussions or issues to be addressed by the study committee.
280
Mr. White moved that Council Member Wyatt be appointed as
Council's liaison to the study committee; that the Mayor, Council
Member Wyatt and the City Manager determine the ground rules which
will include meeting dates and the method of communicating with
Council on the progress of the study; and that any action on pay and
benefits be deferred until completion of the study and until Council
convenes in fiscal year 1999-2000 budget study. The motion was
seconded by Mr. Swain.
The Mayor advised that in addition to the report on the pay and
benefits study currently before Council, the following related issues are
included on the agenda:
Remarks of Council Member James O. Trout expressing
concerns and a recommendation on the following items:
a $.02 reduction in the real estate tax rate, (2) increase the
pension multiplier from 2 per cent to 2.1 per cent, (3)
provide a permanent cost-of-living raise for City retirees,
and (4) support for the pay and benefits study for City
employees.
A joint report of the Director of Finance and the City
Manager with regard to the Actuarial Summary of the City
of Roanoke Pension Plan as of June 30, 1998, and the
estimated actuarial cost of enhancements.
The Mayor further advised that approximately ten persons had
registered to speak on the above topics; whereupon, he recommended
that the above listed items be considered at the same time rather than
individually as listed on the agenda; whereupon, Mr. White withdrew his
motion and Mr. Swain withdrew his second to the motion.
At 2:00 p.m., it was the consensus of Council to declare the
meeting in recess.
At 2:45 p.m., the meeting reconvened in the Council Chamber,
with all Members of the Council in attendance, Mayor Bowers presiding.
(For further discussion on the above matters, see pages 278 - 291 and
pages 318 - 320.)
281
Dr. A. N. Feldzaman, 1230 Archway Road, Blue Ridge, Virginia,
appeared before Council in connection with the routing of Interstate 73.
He advised that the Salem City Council will consider a resolution
supporting a request of the Roanoke County Board of Supervisors and
resolutions adopted by the Bedford and Botetourt County Boards of
Supervisors that 1-73 be routed through Roanoke on 1-581. He
presented documents in connection with 1-73 routing, specifically a
map indicating the three alternative proposed routes that the Virginia
Department of Transportation is currently considering. He requested
that Council closely review the VDOT map, because 1-73 is supposed
to be a Federal interstate highway from the upper mid west down
through the Carolinas and if proposed route one is eliminated and
proposed route three is chosen, virtually no traveler either going north
or south will take proposed route three but would obviously travel on
1-581 due to the shorter distance involved. Also, he stated that
northeast to Washington, D. C., Maryland, Philadelphia, and New York,
etc., the route is no shorter than using 1-581 because of the way the
road outside of Roanoke curves, the result of which is that all traffic on
this routing would most likely travel on 1-581 even if I -73 is constructed
through Bedford and Botetourt Counties, which means that it would be
in the strong interest of the City of Roanoke to make every effort to
improve 1-581 and the connecting portion of Route 220.
Dr. Feldzaman requested that Roanoke City Council seriously
consider taking a position similar to that which will be taken by the
Salem City Council, and that which has already been taken by the
Roanoke County, Botetourt and Bedford County Boards of Supervisors
that the Interstate-73 routing should go on to 1-581 for the benefit of the
City.
Without objection by Council, the Mayor requested that the
matter be referred to the City Manager for report to Council.
PETITIONS AND COMMUNICATIONS:
PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS
REPORTS-PENSIONS: A report of the City Manager with regard to the
status of hiring a consultant to conduct a pay and benefits study for
City employees having been removed from the Consent Agenda for
separate discussion, the matter was again before the body.
282
The City Manager submitted a written report advising that during
1998-99 budget study, Council adopted "a motion to direct the City
Manager to hire a consultant to study the City's pay plan and benefits
with the understanding that the City Manager will advise Council as to
the costs associated with the study prior to engaging the services of a
consultant"; a request for proposals was prepared to engage a
consultant to evaluate the competitiveness of the City's pay and
benefits programs; six proposals were received from firms that have
previous project experience in the public sector; and an employee team
was designated to interview and recommend the best qualified
consultant.
It was further advised that funding for the study is included in the
CMERP budget; Council will be asked to appropriate funds for the
consultant on October 19, 1998, which is anticipated to cost between
$50,000.00 and $75,000.00; and the consultant will be engaged in
sufficient time to insure that the report will be considered during fiscal
year 1999-00 budget study.
(For full text, see report on file in the City Clerk's Office.)
In addition to the above report of the City Manager, the Mayor
advised that without objection by Council, the following related items
would be considered concurrently:
Remarks of Council Member James O. Trout expressing
concerns and a recommendation on the following items:
(1) a $.02 reduction in the real estate tax rate, (2) increase
the pension multiplier from 2 per cent to 2.1 per cent, (3)
provide a permanent cost-of-living raise for City retirees,
and (4) support for the pay and benefits study for City
employees.
A joint report of the Director of Finance and the City
Manager with regard to the Actuarial Summary of the City
of Roanoke Pension Plan as of June 30, 1998, and the
estimated actuarial cost of enhancements.
Council Member Trout advised that Council previously referred
the question of reducing the real estate tax rate by $ .02 per $100.00 of
assessed value to fiscal year 1999-2000 budget study, therefor, he
requested that portion of his remarks be deleted.
283
In regard to a permanent cost of living adjustment for City
retirees, Mr. Trout advised that through previous action taken by
Council, the matter has been referred to fiscal year 1999-2000 budget
study.
With reference to increasing the pension multiplier from 2 per
cent to 2.1 per cent, Mr. Trout advised that prior to voting on the matter,
Council should receive a briefing by the City Manager and the Director
of Finance on the Actuarial Summary. ~
The City Manager and the Director of Finance submitted a joint
written report advising that the annual actuarial report was received on
September 23, 1998, from Slabaugh, Morgan, White & Associates;
Council requested cost information for pension benefit enhancements
based on the results of the June 30, 1998 Actuarial Valuation Report;
and the report incorporates the following four Pension Plan legislative
changes that Council approved during the fiscal year (July 1, 1997
through June 30, 1998):
A 2.1% retiree cost of living adjustment, effective July 1,
1998, for members retired on or before July 1, 1997; this
change increased the actuarial liability by $1,573,400.00.
Provision for unreduced early retirement for members of
the Employees' Supplemental Retirement System (ESRS)
who have attained age 50 with age plus service equal to 80
(general employees) or who have attained age 45 with age
plus service equal to 70 (police officers and firefighters);
this change increased the actuarial liability by
$12,484,134.00; members of the Employees' Retirement
SYstem (ERS) were allowed to transfer to ESRS during the
period from July 1, 1998 through August 31, 1998; this
change will increase the actuarial liability by
$3,131,337.00.
Firefighters were granted public safety credit for years
employed in emergency medical services on or after
July' 1, 1989, if continuously employed; insignificant
impact on the actuarial liability.
284
Members of ESRS who transferred from ERS have an
option to elect the most favorable pension benefit if they
retire with 42 or more years of service; insignificant
impact on the actuarial liability.
It was explained that two additional employee benefit
enhancements were included in the adopted fiscal year 1999 budget:
Council adopted Resolution No. 33845-051898, adopted
May 18, 1998, effective July 1, 1998, which provides a $159
monthly supplement ($1,908.00 annually) to any member
of the City of Roanoke Pension Plan who is an employee
of the City of Roanoke (not including employees of the
City of Roanoke School Board) and who, on or after July 1,
1998, retires with 20 or more years of creditable service;
this supplement stops the month the retiree attains age
65; and estimated annual cost for the first year of
operation is $250,000.00.
Council adopted Resolution No. 33829-051198, May 11,
1998, effective July 1, 1998, increasing a matching
contribution from $5.00 to $10.00 per pay period to the
International City Management Association - Retirement
Corporation (ICMA-RC) deferred compensation plan for
participating employees; currently 70% of eligible City
employees participate and contribute to the deferred
compensation plan with an annual estimated employer
cost of $269,402.00.
It was advised that the financial impact of 161 members electing
to transfer from ERS to ESRS during the period July 1, 1998, through
August 31, 1998, increases the accrued liability by $3,131,337.00, or a
0.58% increase in the annual contribution rate; total increase in the
annual contribution rate for all Pension Plan legislative changes
approved during fiscal year 1998 is equivalent to 2.7% of annual gross
payroll, or $1,660,000.00 in annual contributions; and the Pension Plan,
as of July 1, 1998, has $222,090,915.00 in accrued pension liability and
an actuar.;.al asset value of $239,433,545.00 which provides, as of July 1,
1998, a positive funded actuarial position of $17,342,630.00.
285
It was explained that the 1998 Actuarial Valuation Summary
provides the estimated financial impact of increasing the "multiplier"
from 2.0% to 2.1%, 2.2%, and 2.3% which translates into increasing the
maximum pension allowance from 60% to 63%, 66%, and 69%,
respectively; and this provides the financial impact for only the
automatic COLA with a maximum annual increase of 4%.
The City Manager and the Director of Finance recommended that
any retirement benefit modification have a prospective effective date;
and there are approximately 200 current employees that are members
of the ERS and any significant modification to the ESRS should provide
another transfer option to these senior employees.
(For full text, see report on file in the City Clerk's Office.)
The Director of Finance presented written information on the
definition of automatic COLA, permanent COLA and lump sum COLA.
(See definitions on file in the City Clerk's Office.)
Following questions of clarification and remarks by Council
Members, the Mayor called upon those persons who had registered to
speak, and requested that each speaker limit their remarks to three
minutes.
Mr. W. G. Ammen, 4938 Greenlee Road, S. W., addressed the
proposed $.02 reduction in the real estate tax rate and advised that
Council should be concerned about the average citizen of Roanoke. He
further advised that he agreed with the President of the Roanoke
Regional Chamber of Commerce, John Stroud, who stated that City of
Roanoke employees have one of the best pensions in the
Commonwealth of Virginia and Council should spend any excess funds
on needs that benefit all citizens of Roanoke. He urged that Council not
act hastily and enact a pension enhancement that cannot be rescinded
at a later date. He explained that a real estate tax cut will benefit all
homeowners and not a select few, therefor, he opposed any increase
in the pension plan for City employees.
Dawn W. Spaulding, First Vice President, Roanoke Central
Council Parent-Teacher Association, advised that the Central Council
PTA is aware that Council is committed to Roanoke City Schools, to the
future of Roanoke, and to the children who are the City's greatest asset.
286
She called attention to efforts of the Roanoke City School System to
renovate physical facilities, improve student test scores, increase
teacher training, an extended school year, an improved summer school
program, and Iow student-teacher ratios, all of which have contributed
to making Roanoke a nationally recognized school system, and it is
requested that this progress continue. Prior to reducing real estate
taxes and increasing pension benefits for City employees, she
requested that the issues be tabled pending completion of additional
studies and until more information is received so that future funds are
not jeopardized.
Joseph W. Duda, representing a consulting firm retained by The
Roanoke City Fire Department to conduct an actuarial cost impact
study that would increase the pension multiplier to 2.3 per cent,
advised that in 1995 his firm recommended a change in the interest rate
from 7.5 per cent to 8 per cent and the salary scale from 6.25 per cent
to 5.75 per cent. He stated that 5.75 per cent was enacted by Council
and the increase in the interest rate was changed from 7.5 to 7.75 per
cent; however, he did not agree with the 7.75 per cent interest rate and
believes that 8 per cent should have been approved because the
retirement fund has performed well through the years, and by moving
the interest rate to 8 per cent, the City would save 1.5 per cent in the
contribution rate. He explained that it is important for Council to
understand that the City's actuary is using the averaging technique to
spread gains and losses above and below the actuarial interest
assumption. He stated that the market value of the retirement fund as
of June 30, 1998, has grown to approximately $312 million and the
actuarial value of assets, because the actuary is not recognizing full
market value, is only $239.4 million, therefore, $73 million will hit the
books over the next four years and those funds could be used to
support a pension increase.
James A. Fazio, President, Police Benevolent Association,
advised that one of the issues addressed by opponents of raising the
pension multiplier shows that such action will increase the maximum
available to 69 per cent which is correct, although misleading. He
explained that the 69 per cent would be available for employees with 30
years of service, however, many City employe~s will not achieve the 69
per cent maximum because they will leave the employment of the City
prior to earning 30 years of service, and public safety employees can
retire with 25 years of service at 57% per cent of their salary. He
advised that the actuary for the Fire Department has shown that the
287
City could reduce the contribution rate to 8.23 per cent and still fund
the 2.3 per cent, multiplier, and a question has been raised that the City
uses a 7.75 per cent rate of return while the majority of municipalities
in the Commonwealth of Virginia use a rate of return of 8 per cent or
higher which would fund the increase. He stated that the pension plan
has gone through the various cycles of the stock market and has been
able to maintain the City's assumption rate of return of 7.75 per cent.
He requested that any increase in the pension multiplier be made
retroactive to July 1, 1998.
Mr. Theodore Kaplan, 4862 Old Mountain Road, N. E., a City
employee, advised that the City of Roanoke's five Ali-America City
Awards were received as the result of efforts of City employees,
ranging from those employees who collect the trash to those who serve
in secretarial positions, and those same employees are now seeking
what they feel is just compensation for their efforts. He stated that
those City employees who live outside of the City's corporate limits
work just as hard as those who live inside the City limits and they
deserve the same benefits. He advised that City employees are seeking
what they consider to be an affordable enhancement to the pension
plan.
Edward L. Crawford, 5005 Buffalo Circle, Salem Virginia, an
employee of the Fire/EMS Department, read a prepared statement
calling attention to savings due to the merger of the Fire/EMS
Departments, pay increases of 15 per cent for certain upper level
management employees last year, and an $8,000.00 contribution for
deferred compensation through the ICMA for upper management
personnel. He stated that it has been suggested that a pay and benefits
study be conducted, however, he expressed concern over past studies
because the City has a history of not acting on studies as proposed by
the consultant, but enacting those portions of the study that affect
certain groups of employees. He requested that past pay plan studies,
which were not implemented, be reviewed before spending over
$50,000.00 of taxpayers money on another pay and benefits study.
Charles E. Wells, 440 Rabbit Hill Lane, Rocky Mount, Virginia, a
17 year employee of the Fire/EMS Department, advised that the 1998
actuarial study supports the request of City employees that the pension
multiplier be increased to 2.3 per cent. He stated that The Roanoke
Times and the Roanoke Valley Regional Chamber of Commerce have
attacked City employees in their efforts to obtain a more secure future
288
for their families. In response to those attacks, he advised that City
workers do not feel that the compensation they receive in pay and
benefits for the work they do is dessert, but the meat and potatoes that
their families depend upon to maintain a decent standard of living. He
added that it was stated by The Roanoke Times and the Chamber of
Commerce that the City pension plan offers employees over the age of
65 better benefits than the Virginia Supplemental Retirement System,
however, he questioned the number of City employees over the age of
65, and noted that the physical fitness standards in the Fire Department
alone are such that very few employees will work until age 65, and the
70180 Rule is a benefit that has been created that most City employees
cannot afford to use. He inquired as to why it was not reported by The
Roanoke Times as to how much better the Virginia Supplemental
Retirement System is than the City's retirement system before the age
of 65. In referring to pension benefits already granted, he advised that
the Director of Finance stated that the cost to taxpayers for those
changes is $15.1 million; however, the statement would infer that the
City spent $15.1 million out of next years' budget, but it should be
noted that the cost is figured over the length of the actuary which is 20
years. He expressed appreciation to Council for its consideration of
the request and explained that the intent is to show how City
employee.% retirees and citizens can benefit from this proposal,
therefor, he requested that Council consider the entire story before
making its decision.
Marsha W. Ellison, Chairperson, Roanoke City School Board,
advised that Council has been supportive of adequate funding of the
School Board's budget to insure that the educational and facility needs
of all Roanoke City children are met. She expressed the concern of the
School Board over the request to increase the pension multiplier which
could negatively impact the amount of funding that will be available to
the schools. She advised that the School Board realizes that the
revenue picture has been blurred by the State imposed reduction in the
car tax and this reduction in taxes to the City has already negatively
impacted City funding that the Schools will receive, and Council is
currently dealing with a request by City employees that could
negatively impact future funding to Roanoke City Schools. She stated
that the School Board receives the Superintendent's preliminary budget
in December, the Board has not begun to study the 1999-2000 school
budget, but the goal of the School Board is to at least maintain the
current level of funding in order to adequately address the standards
of learning initiatives, maintain teacher salaries at the national average,
289
and address major capital improvement projects. She advised that the
higher standards established by the Standards of Learning may
necessitate that the school system increase the number of students
required to attend summer school, and the School Board has also
implemented a five year reading initiative and supported extension of
the school year. She explained that following completion of Addison
Middle School renovations, facility needs of the high schools will be
addressed, the school system has achieved great momentum in
building renovation programs, the School Board wishes to complete
high school renovations; and the level of funding that the school
system received last year and the three previous years must be
maintained in order to fulfill these goals. She requested that any
pension enhancement decisions be carefully weighed because
Council's actions will effect the ability to adequately fund the schools
in the future and that any decisions on these issues be deferred
pending further information during fiscal year 1999-2000 budget study.
Esther Cirasunda, President, Roanoke Education Association,
advised that the REA opposes any plan that will severely impact the
School Board's budget. She stated that children need to be well
educated which involves not only providing the best teachers, but
providing adequate compensation to teachers for the jobs they do on
a daily basis, maintaining adequate facilities, and providing proper
transportation and classroom supPlies, all of which require funds. She
advised that the City of Roanoke only recently met the national average
in teacher salaries; however, Roanoke reached that level with a
decrease in instructional and other supplies. She called attention to
crowded classrooms and trailers on school campuses to accommodate
student overflow that have no restrooms or eating facilities which
cause students to travel outside in all kinds of inclement weather. She
advised that there are insufficient funds in the 1998-99 budget to meet
additional technology requests; there will be a need to construct new
high schools in the future, many school libraries are currently outdated,
and many facilities do not have proper access to educational television.
She stated that according to research from the Virginia Education
Association, Roanoke ranks 16th in funding of state per capita income,
yet ranks 51st in local fiscal effort for funding of the school budget
among 133 school divisions. She requested that Council deny any
actions that will negatively impact the School Board's budget.
29O
Ms. Marianne Gandee, 3271 Allendale Street, S. W., advised that
Council Members must make decisions in a rational manner following
appropriate studies and with all essential facts, therefor, any decision
based on incomplete or unreliable information is unacceptable. She
stated that it is the responsibility of Council to do the right thing and
not the popular thing to insure that the City of Roanoke will continue to
provide the necessary services, capital improvements and educational
opportunities for many years to come. She added that Council must
consider all of the alternatives, regardless of the wishes of any
particular faction, and make decisions based on the best way to
provide services for all citizens of Roanoke which sometimes means
denying the requests of certain special interest groups.
Robert E. Tonkinson, Jr., 1830 Belleville Road, S. W., advised that
he spoke as a citizen of Roanoke and as a member of a recently
appointed citizens committee and expressed opposition to any
proposed pension plan benefit enhancements. He stated that citizens
are outraged by the continued consideration of City employee pension
enhancements and call upon Council to stop'this unwise course of
action. He advised that Council has already taken steps to enrich
retirement benefits that will cost City taxpayers more than $15 million
to be paid in equal installments of $1.6 million each year from this point
forward and further increases are unacceptable and unjustified. He
added that now is the time for responsible, not political money
management for the City of Roanoke, and the result of approving a
pension plan benefit increase is a city that is in debt to its employees
for the cost of increased benefits and once granted, those benefits can
never be taken back. He advised that if problems exist in recruitment
and retention of City employees, qualified independent individuals
should be engaged to conduct studies to compare savings and benefits
to those offered by the private sector in the Roanoke community and
other Virginia municipalities. He stated that the position of the citizens
committee is that City employee pension benefits are more than
adequate and an increase that addresses no identified need is poor
public policy. He advised that Council must make a responsible and
not a political decision, and wage and benefits changes should be
governed by the facts of the market and not simply at the request of
those who stand to benefit. He stated that the City of Roanoke already
has the best retirement plan of any city in Virginia and enhancing those
benefits will drain resources without meeting any identified needs. He
added that Council should reinvest funds in the City in ways that
benefit the majority of taxpayers and residents and not a select few.
291
Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that
there should not be a conflict between taxpayers and City workers
about pay issues, and spoke in support of pension enhancements for
City employees.
Mr. Trout moved that the pension multiplier be increased from 2
per cent to 2.1 per cent, effective January 1, 1999. The motion was
seconded by Mr. Hudson.
Mr. White advised that Council has requested the City Manager
to engage a consultant to prepare not only a pay plan study but a fringe
benefits study and one of the most significant fringe benefits for City
employees is the pension plan, therefor, he strongly urged that Council
delay any decision on the matter until the report of the consultant is
completed.
Mr. White offered a substitute motion that action on Mr. Trout's
motion be tabled until fiscal year 1999-2000 budget study and pending
completion of the pay and benefits study by the consultant. The motion
was seconded by Mr. Swain and lost by the following vote:
AYES: Council Members Harris, Swain and White .................. 3.
NAYS: Council Members Hudson, Trout, Wyatt and
Mayor Bowers ............................................................................. -4.
Mr. Swain moved that Council declare a recess. The motion was
seconded by Ms. Wyatt and lost by the following vote:
AYES: Council Members Swain, White and Wyatt ................... 3.
NAYS: Council Members Harris, Hudson, Trout and
Mayor Bowers ............................................................................ -4.
The main motion offered by Mr. Trout, seconded by Mr. Hudson,
to increase the pension multiplier from 2 per cent to 2.1 per cent,
effective January 1, 1999, was adopted by the following vote:
AYES: Council Members Harris, Hudson, Trout, Wyatt and
Mayor Bowers .............................................................................. 5.
NAYS: Council Members Swain and White ............................. 2.
292
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT:
The City Manager submitted a written report advising that during the
past three months, the City Administration has been working to identify
and prioritize capital maintenance and equipment replacement needs;
operating departments submitted over $12.3 million in capital requests
for vehicles, equipment replacement and maintehance; and all requests
to be funded were classified into six major categories with funding
allocated as follows:
ACTION:
Capital Maintenance
Fleet Replacement
Equipment
Technology Enhancements
Office Furniture and Equipment 53,027.00
All Other 261.033.00
$4.440,099.00
Fiscal Year
1997-98
$2,0t8,200.00
731,400.00
576,439.00
800,000.00
Fiscal Year Increase/
199~-99 Decrease
$1,362,000.00 ($656,200.00)
600,000.00 (131,400.00)
584,675.00 8,236.00
500,000.00 (300,000.00)
83,717.00 30,690.00
340.000.00 78.967.00
$3.470.392.00 ($969.707.00)
It was further advised that a list of items recommended for
purchase was included with the report; in the coming weeks and
months, the City Administration will bring to Council recommendations
on award of contracts for vehicles, equipment, and maintenance items
which will have been bid under the City's normal procurement
procedures; and Council will be requested to appropriate funds for all
expenditure items on the CMERP listing.
(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. Harris and unanimously adopted.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION-
CONSULTANTS REPORTS: The City Manager submitted a written report
advising that Roanoke's Capital Improvement Program - Fiscal Years
1998-2002 includes Williamson Road Corridor Study
293
Recommendations; the total project consists of constructing
infrastructure improvements and other enhancements, including, but
not limited to curb and gutter, sidewalks, crosswalks, street lighting,
signage and landscaping along the Williamson Road business corridor;
project limits include all of Williamson Road from Orange Avenue on
the south to the northerly City limit; advertisement of public notice to
seek architectural/engineering services was advertised on April 19,
1998; proposals were received from Hill Studio, P. C., Whitesell Orrison,
Inc., and Hayes, Seay, Mattern & Mattern, Inc.; and after personal
interviews were conducted, Whitesell Orrison, Inc., was determined to
be most qualified firm for the project.
It was further advised that contract negotiations are complete,
and a lump sum agreement has been reached with Whitesell Orrison,
Inc., in the amount of $35,000.00; the contract will provide for
preliminary engineering design services for the entire project,
preparation and submittal of an ISTEA grant application for the
Williamson Road Area Business Association (WRABA) and a Virtual
Reality Projection for Phase I of the project; final design, bidding, and
certain construction management duties are to be negotiated at a later
date; the contract may be awarded administratively inasmuch as the
contract amount falls within the Council delegated range (under
$75,000.00); and the purpose of the report is to appropriate a portion of
funding authorized by the Bond Referendum of November, 1997 into a
capital account.
The City Manager recommended that Council appropriate
$50,000.00 from the sale of Series 2000 Bond Issue to a capital account
to be established entitled, "Williamson Road Improvements" for
preliminary design of improvements, submittal of an ISTEA Grant
application for WRABA, and projection of a Virtual Reality Projection of
Phase I by the AlE Consultant; adopt a resolution declaring the City's
intent to reimburse itself $50,000.00 from the sale of Series 2000 bonds
as authorized by Ordinance No. 33497-072197, in the principal amount
of $39,030,000.00; and maximum amount of bonds anticipated to be
issued relating to the Williamson Road Corridor Study is $575,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
294
ACTION:
ACTION:
(#34027-100798) 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 190.)
Mr. Harris moved the adoption of Ordinance No. 34027-100798.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ................................................................... 0.
Mr. Harris offered the following resolution:
(#34028-100798) 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 architectural/engineering services in connection with the
Williamson Road Corridor Study Recommendations; and providing for
an effective date.
(For full text of Resolution, see Resolution Book No. 6t, page 191.)
Mr. Harris moved the adoption of Resolution No. 34028-100798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 0.
Council Member Swain inquired as to the total cost of the project;
whereupon, the Director of Public Works advised that he would provide
Council with a project cost summary.
295
PARKS AND RECREATION-SCHOOLS: The City Manager
submitted a written report advising that the Roanoke City Public
Schools scheduled a complete renovation of Woodrow Wilson Middle
School to occur between June, 1997 and August, 1998; a fitness room
was designed into the renovation; and physical fitness equipment
totaling $35,000.00 was approved for purchase by the Department of
Parks and Recreation under the fiscal year 1998 CMERP program.
It was further advised that Woodrow Wilson Middle School
renovations have been completed and the facility was opened to
students in August, 1998, and the fitness room has been completed and
is available for use; fitness equipment totaling $35,437.00 has been
ordered by the Department of Parks and Recreation and will be
available for use by the end of October; Roanoke City Public Schools
will use the fitness room and equipment for physical education classes
and sports conditioning; Roanoke City Parks and Recreation
Department plans to operate the facilities as a public fitness center,
open to the general public, during non-school hours; and minimal fees
to be charged for fitness room usage to all persons are: City Residents
- $10.00 per month or $2.00 per visit, all others - $15.00 per month or
$3.00 per visit, with the option that rates may be seasonally adjusted to
reflect demand or to meet needed operating expenses.
The City Manager recommended that he be authorized to execute
an agreement between the Roanoke City School Board and the City of
Roanoke allowing the Department of Parks and Recreation to operate
specified areas of Woodrow Wilson Middle School as a public fitness
center; and that the City Manager, or his designee, be authorized to
establish user fees to be charged at the fitness center so long as such
fees do not fall below the minimum fees stated in the agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34029-100798) A RESOLUTION authorizing the City Manager to
execute an agreement between the Roanoke City School Board and the
City of Roanoke, allowing the City to operate a fitness center at the
Woodrow Wilson Middle School for use by the general public, and
authorizing the establishment of user fees to be charged at the fitness
center, upon certain terms and conditions.
296
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 192.)
Mr. Hudson moved the adoption of Resolution No. 34029-100798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY: The
City Manager submitted a written report advising that Council directed
the initiation of negotiations to purchase approximately 6.5 acres of
land in Westview Terrace from Habitat for Humanity at its meeting on
August 3, 1998; an offer of $352,800.00 was made on August 18, 1998,
to the Board of Directors of Habitat for Humanity; and this offer was
accepted on September 11, 1998, at a joint news conference between
the City, Habitat for Humanity and the Blue Ridge Housing Development
Corporation.
It was further advised that authorization is needed to move
forward with procurement of title work, document preparation, and
closings related to the fee simple acquisition of the property; it is
anticipated that the property will be sold to a private developer for the
construction of middle to upper income housing; Habitat will acquire
a portion of four lots from Planned Parenthood of Blue Ridge, Inc., prior
to conveyance of the property to the City; Habitat's agreement with
Planned Parenthood provides that upon expiration of the restrictive
covenants currently on the land that only allow the land to be used for
residential purposes, the covenant will be modified or terminated to
allow Planned Parenthood to use its property for commercial parking;
and the deed to the City from Habitat will require the City, or its
successors, to take such action.
The City Manager recommended that Council authorize the fee
simple acquisition of property as more fully described in Attachment
A to the report; transfer $10,000.00 from Contingency Account No. 001-
002-9410-2199 to Transfer to Capital Projects Fund, Account No. 001-
004-9310-9508; appropriate $360,000.00 in the Capital Projects Fund in
an account to be established by the Director of Finance entitled,
"Westview Terrace Property Acquisition"; and that the City Manager or
297
ACTION:
ACTION:
the Assistant City Manager be authorized to execute 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. Harris offered the following emergency budget ordinance:
(#34030-100798) 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 193.)
Mr. Harris moved the adoption of Ordinance No. 34030-100798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ............................ ~- ........................................... 0.
Mr. Harris offered the following emergency ordinance:
(#34031-100798) AN ORDINANCE providing for the acquisition of
approximately 6.5 acres of land located in Westview Terrace, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 194.)
Mr. Harris moved the adoption of Ordinance No. 34031-100798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
298
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Edward Byrne Memorial
Formula Grant Program was created by Congress to provide federal
funds to states and localities for improving the criminal justice system;
in Virginia, this grant program is administered by the Department of
Criminal Justice Services (DCJS); the Criminal Records System
Improvement portion of the grant program provides funding for the
development of computerized information systems and software
programs to enhance data quality and timeliness of submissions; the
Roanoke City Police Department is mandated to maintain accurate
records on activities which include in excess of 82,000 dispatched
calls, 16,000 criminal arrests, and 21,000 traffic summonses annually;
and the Police Department is requesting to apply for funds under the
grant to expand local funding capabilities and to obtain a records
management system through the bid and vendor evaluation process
which provides the best service to the City.
It was further advised that a request for proposals for a Records
Management System was developed by City Information Systems (ClS)
in coordination with the Police Department and a professional
consultant, which prompted eight proposals for evaluation; selection
of a records management system will be made by December, 1998; the
Department of Criminal Justice Services has advised that the City of
Roanoke is eligible to apply for a competitive award of up to
$350,000.00 under the program for 1999; program award would require
a local match amount of at least 25% of this total; grant funds of
$262,500.00 are to be requested for development, purchase, and
installation of a modern records management system in the Police
Department; and the local match of $87,500.00 is available in Account
No. 013-052-9801-9230 which represents a match of 25% of total
program expense of $350,000.00.
The City Manager recommended that Council apply for funds
from the Department of Criminal Justice Services Byrne Grant in the
Criminal Records System Improvement Program; and that he be
authorize,I to execute all appropriate documents to obtain funding
through the Byrne Grant Program administered by the Department of
Criminal Justice Services.
(For full text, see report on file in the City Clerk's Office.)
299
Mr. Hudson offered the following resolution:
(#34032-100798) A RESOLUTION authorizing the application for
and acceptance of a grant to the City of Roanoke by the Commonwealth
of Virginia Department of Criminal Justice Services for a criminal
records improvement program in the Police Department 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 195.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34032-100798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Edward Byrne Memorial
Formula Grant Program was created by Congress to provide federal
funds to states and localities for improving the criminal justice system;
in Virginia, the grant program is administered by the Department of
Criminal Justice Services (DCJS); the Incident Based Reporting (IBR)
portion of the grant program provides funding to support
implementation of crime reporting systems which capture full data on
each "incident" to a more precise level than has been used in the past;
the Roanoke City Police Department is mandated to maintain accurate
records on activities which include in excess of 82,000 dispatched
calls, 16,000 criminal arrests, and 21,000 traffic summonses annually;
DCJS mandates for incident based reporting capability become
effective in 1999; and the Police Department is requesting to apply for
funds under the grant to expand local funding capabilities and to obtain
an incident based crime reporting system through the bid and vendor
evaluation process which provides the best service to the City.
It was further advised that a Request For Proposal, which
includes Incident Based Reporting, was developed by City Information
Systems (CIS) in coordination with the Police Department and a
professional consultant which prompted eight proposals; selection of
300
a records management system will be made by December, 1998; total
system cost which is not known at this time will be negotiated with the
vendor selected; the Department of Criminal Justice Services has
advised that the City of Roanoke is eligible to apply for a competitive
award of up to $50,000.00 for 1999; program award would require a
local match amount of at least 50% of this total; grant funds of
$24,800.00 are to be requested for development, purchase, and
installation of a modern IBR management system' in the Police
Department; and the local match of $24,800.00 is available in Account
No. 013-052-9801-9203 which represents a match of 50% of the
combined program expense of $49,600.00.
The City Manager recommended that Council apply for funds
from the Department of Criminal Justice Services Byme Grant in the
Incident Based Reporting Program; and that he be authorized to
execute all appropriate documents to obtain funding through the Byrne
Grant Program administered by the Department of Criminal Justice
Services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34033-100798) A RESOLUTION authorizing the application for
and acceptance of a grant to the City of Roanoke by the Commonwealth
of Virginia Department of Criminal Justice Services to implement an
incident based crime reporting system in the Police Department 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 196.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34033-100798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
301
BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager
submitted a written report advising that the City of Roanoke has
received Program Grant Number 03CY0396/01, in the amount of
$106,606.00, from the U. S. Department of Health and Human Services
to administer Sanctuary's Outreach Program for runaway and homeless
children; funds are used to cover the salaries and fringe benefits of a
Youth Counselor Coordinator's position (a shared position, only half of
the salary, FICA and ICMA), a Youth Counselor III, a Youth Counselor
I position, a Temporary Relief Counselor and related program activities;
and the goal of the grant program is to reduce the number of runaway,
throwaway, homeless and street youth in Roanoke's service
community and to increase the number of family reunifications among
this population.
The City Manager recommended that he be authorized to execute
a grant agreement and ancillary documents required to accept the
United States Department of Health and Human Services' Runaway and
Homeless Youth Program Grant No. 03CY03961/01; and appropriate
$106,606.00 of Federal grant funds to the Crisis Intervention/Sanctuary
Outreach Program to the following revenue and expenditure accounts
to be established in the Grant Special Revenue Fund by the Director of
Finance:
1002 Regular Employee Salaries $74,604.00
1004 Temporary Wages 5,005.00
1120 FICA 6,090.00
1115 Retirement 6,714.00
1116 ICMA Match 325.00
1125 Health Insurance 4,968.00
1126 Dental Insurance 510.00
1130 Life Insurance 537.00
1131 Long Term Disability 187.00
2010 Fees for Professional 1,000.00
Services (consultant)
2020 Telephone (beeper) 200.00
2021 Cellular Telephone 660.00
2030 Administrative Supplies 831.00
2042 Dues/Memberships 685.00
2044 Training 1,800.00
2046 Mileage 1,000.00
2066 Program Activities 1,500.00
Federal Grant Revenue
$ 106,606.00
(For full text, see report on file in the City Clerk's Office.)
302
Mr. Harris offered the following emergency budget ordinance:
(#34034-100798) 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 197.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34034-100798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#34035-100798) A RESOLUTION authorizing the acceptance of
a grant from the United States Department of Health and Human
Services to provide services at the City's Crisis Intervention Center
(Sanctuary); and authorizing the execution of the necessary
documents.
(For full text of Resolution, see Resolution Book No. 61, page 198.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34035-100798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
DIRECTOR OF FINANCE:
PENSIONS: The Director of Finance submitted a written report
advising that on June 1, 1998, Council 'adopted an ordinance
authorizing the City of Roanoke Pension Plan to offer members of the
Employees' Retirement System (Old System) an opportunity to transfer
303
ACTION:
to the Employees' Supplemental Retirement System (New System);
implementation of this option allowed senior employees the
opportunity to participate in the same benefits that are provided to new
employees; the "window of opportunity" was opened on July 1, 1998
and closed at 5:00 p.m. on August 31, 1998; and results of this option
are as follows: 161 of 367 eligible members (44%) took advantage of the
option; and 331 of 367 eligible employees attended one of the 12 group
meetings that were conducted at various work locations throughout the
City by retirement staff.
(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.
BUDGET-HIGHER EDUCATION CENTER-SCHOOLS: 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; in 1998, funding
was provided by the General Assembly in the amounts 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; the Roanoke Higher
Education Authority is responsible for expanding access to higher
educatior~ and workforce training in the Roanoke Valley by establishing
the Roanoke Higher Education Center with such funds as are
appropriated or made available for this purpose; on July 20, 1998,
Council authorized the Director of Finance to serve as temporary fiscal
agent for the Roanoke Higher Education Authority; and funds in the
amount of $62,500.00 were appropriated for fiscal year 1999 operating
costs and the corresponding revenue estimate by Council on
August 17, 1998, pursuant to Ordinance No. 33989.
It was further advised that funds in the amount of $5,379,000.00
have been received from the Commonwealth of Virginia for establishing
the Authority as outlined by the Virginia General Assembly; and action
by Council is required to appropriate $5,379,000.00 to enable
expenditure of funds.
The Director of Finance recommended that Council appropriate
$5,379,000.00 in accounts to be established by the Director of Finance
for Higher Education Authority capital and development costs and
increase the corresponding revenue estimate.
3O4
ACTION:
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34036-100798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Higher Education Authority Fund, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 199.)
Mr. Trout moved the adoption of Ordinance No. 34036-100798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of August, 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.
REr~ORTS OF COMMITTEES:
SEWERS AND STORM DRAINS-EASEMENTS-WATER
RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to encroachment of a 5,000 square foot
commercial building over an existing sewer line and easement located
on property commonly known as 4803 Williamson Road, N. W.
A staff report advised that property at the corner of Williamson
Road and Birchlawn Avenue is under contract to be purchased by J. B.
Goria; the purchaser desires to construct a 5,000 square foot
commercial building on the property; and an existing sewer line and
easement cross the property in the area of the proposed building.
305
ACTION:
It was further advised that the purchaser has requested
permission to construct a building over the existing sewer line and has
agreed to certain conditions to minimize the potential hazard of
constructing the building over the sewer line, as follows: the existing
sewer line shall be replaced with ductile iron pipe or encased in
concrete or steel and a manhole shall be installed at each end of the
new pipe.
The Water Resources Committee recommended that Council
authorize the City Manager to execute an agreement with J. B. Goria,
4803 Williamson Road, N. W., Official Tax No. 2170128, to permit the
construction of a 5,000 square foot commercial building over the
existing sewer line, under certain conditions; said agreement shall be
for the life of the structure only, and 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 moved that the following ordinance be placed upon its
first reading:
(#34037) AN ORDINANCE granting a license to permit an
encroachment of a 5,000 sq. ft. commercial building over an existing
sewer line and easement located on the property commonly known as
4803 Williamson Road, N. W., and bearing Official Tax No. 2170128,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 208.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
306
SEWERS AND STORM DRAINS-EASEMENTS-WATER
RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to encroachment of a two-story residential
building over existing sewer lines and easements located on property
commonly known as 218 Twenty-third Street, S. W., Official Tax No.
1051501.
ACTION:
A staff report advised that property located at 218 Twenty-third
Street, S. W., is under contract to be purchased by Edwin C. Hall, who
desires to construct a two-story residential building on the property;
and two existing sewer lines and easements cross the property in the
area of the proposed building.
It was further advised that the purchaser has requested
permission to construct the building over the existing sewer lines; the
purchaser has agreed to certain conditions, and to bear the expense
thereof, to minimize the potential hazard of constructing a building over
the sewer lines, as follows: existing sewer lines shall be replaced with
ductile iron pipe or encased in concrete or steel; and a manhole shall
be installed at each end of all new pipe.
The Water Resources Committee recommended that Council
authorize the City Manager to execute an agreement with Edwin C. Hall
at 218 Twenty-third Street, S. W., Official Tax No. 1051501, to permit the
construction of a two-story residential building over existing sewer
lines, under certain conditions; said agreement shall be for the life of
the structure only, 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 moved that the following ordinance be placed upon its
first reading:
(#34038) AN ORDINANCE granting a license to permit an
encroachment of a two-story residential building over existing sewer
lines and easements located on the property commonly known as 218
Twenty-third Street, S. W., and bearing Offficial Tax No. 1051501, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 210.)
307
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
PARKS AND RECREATION-WATER RESOURCES: Vice-Mayor
Linda F. Wyatt, Chairperson, Water Resources Committee, presented
a written report on behalf of the Committee, with regard to release of a
portion of Strauss Park from its dedication to public park and
recreational use, and dedicating portions of the property as public
right-of-way in connection with the Peters Creek Road Extension
project.
A staff report advised that alignment of Peters Creek Road
Extension, which passes through Strauss Park, was approved by
Council on March 5, 1990; construction of Peters Creek Road Extension
through Strauss Park required the City to declare a portion of Strauss
Park no longer needed for park purposes ink,order to dedicate the
necessary right-of-way; a release from the property owner who donated
the land to the City was obtained at that time; construction of the
roadway is now complete; there are four residual parcels of former park
land that are separated by the roadway from the park which were not
dedicated as right-of-way; and Peters Creek Road is a "controlled
access" segment at this location which means that all access to Peters
Creek Road must have the concurrence of the Virginia Department of
Transportation.
It was further advised that the property is of no benefit as a park
due to its separation from the park by the roadway; and requests have
been received from potential purchasers of properties adjacent to two
of these parcels for access to Peters Creek Road across City property.
The Water Resources Committee recommended that Council
declare these residual portions of Strauss Park as no longer needed for
public park and recreational use, and dedicate Parcels A, B and C as
public right-of-way, in order to allow access of adjacent landowners to
Peters Creek Road Extension, subject to obtaining a release from the
former property owner.
308
ACTION:
(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:
(#34039) AN ORDINANCE releasing a portion of Strauss Park
from its dedication to public park and recreational use; dedicating
some of that same property as public right-of-way in connection with
the Peters Creek Road Extension Project; subject to the former
property owner concurring in the releasing of the property from the
restriction that it be used as a public park and public recreation area.
(For full text of Ordinance, see Ordinance Book No. 61, page 212.)
The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... O.
HUMAN DEVELOPMENT-YOUTH-LEASES-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 an agreement with Crystal Tower Building Corporation for
the lease of office space within the Crystal Tower Building to house the
staff of Managed Health Services, Inc.
A staff report advised that the Comprehensive Services Act
(CSA) for At-Risk Youth and Families, which became effective July 1,
1993, provides for non-residential or residential services for at-risk
youth and their families; in order to qualify for CSA funding, localities
must incorporate utilization management/utilization review procedures
for placements utilizing CSA funding; an agreement with Managed
Health Services, Inc., to implement and support a utilization monitoring
and case management program was entered into on July 22, 1998; and
the agreement provides that the Roanoke City Department of Human
Development will provide office space to house the Managed Health
Services, Inc., staff.
309
ACTION:
It was further advised that 530 square feet of space has been
located in the Crystal Tower Building, 145 W. Campbell Avenue, which
is suitable to house staff of Managed Health Services Inc.; the
proposed lease requires the City to indemnify the Lessor from and
against any and all liability, cost, expense, claims, or judgments arising
from injury resulting from the City's default or the negligent or
intentional act or omission of the City, its agents, employees, invitees,
and others, in connection with the leased premises; and the proposed
lease will be for a period of one year, at a rate of $507.92 per month,
which equals $11.50 per square foot per year including electricity and
light janitorial services, and this is considered to be a very competitive
price for finished office space.
The Water Resources Committee recommended that Council
authorize the execution of a Lease Agreement containing such terms
and conditions as summarized above and such additional terms and
conditions as required by the City Manager, 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:
(#34040-100798) AN ORDINANCE authorizing the City Manager
to enter into an agreement with Crystal Tower Building Corporation, for
the leasing of office space within the Crystal Tower Building to house
the staff of Managed Health Services, Inc., upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 201.)
Ms. Wyatt moved the adoption of Ordinance No. 34040-100798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
310
ACTION:
CITY NURSING HOME-WATER RESOURCES: Vice-Mayor Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to disposition of the City
Nursing Home structure at Coyner Springs.
A staff report advised that the City Nursing Home at Coyner
Springs was erected in 1939 as a tuberculosis sanitarium; the facility
has been vacant and requires continued maintenance; and the City has
no use for the building that would not require considerable expenditure
for renovation and maintenance, and the structure would remain
remotely located.
It was further advised that the Nursing Home facility is no longer
needed by the City inasmuch as the City no longer provides nursing
care to its citizens; the structure may be demolished or otherwise
disposed of as surplus property, with the real property (land) to remain
City property; and the facility has become a potential liability and
maintenance issue for the City since heat, water and electricity have
been maintained to prevent undue deterioration.
The Water Resources Committee recommended that Council
declare the Nursing Home structure (not the real property) as surplus
property ~nd authorize demolition of the facility as may be deemed
appropriate by the City Manager, or his designee.
(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:
(#34041) AN ORDINANCE declaring the City
structure at Coyner Springs surplus property and
demolition.
Nursing Home
authorizing its
(For full text of Ordinance, see Ordinance Book No. 61, page 213.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
311
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
TRAFFIC-SIDEWALK/CURB AND GUTTER-BUDGET-WATER
RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to acquisition of certain property rights needed
by the City for the Lafayette/Cove Road, N. W., sidewalk project.
A staff report advised that increased traffic along Cove Road is
creating concern for pedestrian safety, with traffic likely to continue to
increase; residents have requested a review of pedestrian facilities in
the Cove/Hershberger Road corridor; City staff has identified an area
along Cove Road between Lafayette Boulevard and Aspen Street that
would benefit from the construction of sidewalk, curb and gutter; and
new concrete sidewalks, entrances, curb and gutter improvements
were approved as part of the 1996 Bond Issue.
It was further advised that plans have been developed for
construction of the sidewalk and property rights are needed to
implement the construction; negotiations with property owners are
proceeding well and authorization is needed to move forward with
procurement of title work, appraisals, and document preparation
related to acquisition of the necessary property rights; and project
costs for acquisition of property rights are estimated to be $20,000.00.
The Water Resources Committee recommended that Council take
the following actions:
Authorize acquisition of property rights 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, and licenses or
permits.
Transfer $20,000.00 from the 1996 Bond Issue Account No.
008-052-9701-9191 to an account to be established by the
Director of Finance entitled, "Lafayette/Cove Road
Sidewalk Project".
3 12
ACTION:
ACTION:
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:
(#34042-100798) 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 202.)
Ms. Wyatt moved the adoption of Ordinance No. 34042-100798.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following emergency ordinance:
(#34043-100798) AN ORDINANCE providing for the acquisition of
certain property rights needed by the City for the Lafayette/Cove Road
Sidewalk Project; setting a limit on the consideration to be offered by
the City; providing for the City's acquisition of such property by
condemnation, under certain circumstances; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 203.)
Ms. Wyatt moved the adoption of Ordinance No. 34043-100798.
The motion was seconded by Mr. Trout and adopted by the following
vote:
313
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
EASEMENTS-BRIDGES-BELL ATLANTIC - VIRGINIA, INC.-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 the appropriate document
granting an easement across City-owned property to Bell Atlantic -
Virginia, Inc., for the Brambleton Avenue Bridge Replacement Project.
A staff report advised that Council approved acquisition of
property rights for the replacement of the Brambleton Avenue Bridge
pursuant to Ordinance No. 32883-040196; Fishburn Park runs alongside
Brambleton Avenue in the area where the bridge will be replaced, near
the intersection of Ross Lane; and Bell Atlantic - Virginia, Inc., has
underground conduit in the area where bridge replacement
construction will take place.
It was further advised that construction of the new bridge will
require relocation of Bell Atlantic's existing underground conduit; and
an easement across Fishburn Park property has been requested by Bell
Atlantic in order to relocate its underground conduit.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Bell Atlantic - Virginia, Inc.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council hold a public hearing on Monday,
October 19, 1998, at 7:00 p.m. The motion was seconded by Mr. Trout
and unanimously adopted.
SEWERS AND STORM DRAINS-WATER RESOURCES: Vice-
Mayor Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
establishnlent of a late payment penalty for unpaid water and sewer
bills.
314
ACTION:
A staff report advised that in 1996, a Utility Information System
Team was appointed to develop specifications for a new utility billing
system and to evaluate and re-engineer business practices; the Team
reviewed payment and delinquent bill processing and recommended
that a late payment penalty be charged on unpaid water/sewer bills; and
late payment fees are an incentive for timely payment, which unpaid
bills result in increased staff time, postage, and printing costs in
addition to the costs of field staff work.
It was further advised that the Utility Information System Team
recommends a 10% late payment penalty with a $2.00 minimum
penalty; the Team further recommends that a bill not be considered
"past due" for application of penalty until the subsequent "delinquent
notice" billing becomes past due; customers will have 34 days before
a penalty will be added to their unpaid bill; a delay in adding the penalty
would minimize the instances where an automatically applied penalty
might create the need for adjustments due to postmarks, processing
time, weekends, and to assure that customers have adequate time to
pay on a current basis; the procedure is similar to that used by other
utility companies; and the penalty applied to an average water/sewer
bill of $50.00 paid late would result in a $5.00 penalty.
The Water Resources Committee recommended that Council
authorize assessment of a ten per cent penalty with a $2.00 minimum
on unpaiJ water/sewer bills; amend the Rules and Regulations for
Provision of Water Service as provided; and amend Section 2-178.1 of
the Code of the City of Roanoke, 1979, as amended, to exclude
water/sewer bills from the requirement that interest be charged.
(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:
(#34044) AN ORDINANCE amending the Rules and Regulations
for the Provision of Water Service dated October 22, 1984, to provide
a payment due date for water and sewer bills not less than twenty days
after the billing date and a penalty of ten percent (10%) with a two dollar
($2.00) minimum for delinquent water and sewer bills, and providing
for an effective date thereof.
(For full text of Ordinance, see Ordinance Book No. 61, page 214.)
31,5
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
fi rst read i n g:
(#34045) AN ORDINANCE amending §2-178.1, Interest rates on
overdue accounts, of Article VIII. Finance Generally, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended,
by excluding water and sewer accounts from having an interest charge
imposed and by changing the reference from §15.1 to §15.2 of the Code
of Virginia, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 215.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNCIL: Mr. Harris offered the following resolution changing
the place of commencement of the regular meeting of City Council
scheduled to be held at 12:15 p.m., on Monday, October 19, 1998, to the
Fralin Atrium at the Jefferson Center, 541 Luck Avenue, S. W., with the
2:00 p.m. Council session on the same date to be held in the City
Council Chamber, 215 Church Avenue, S. W.:
316
(#34046-100798) A RESOLUTION changing the place of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, October 19, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 204.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34046-100798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None ....................................................................... 0.
COUNCIL: Mr. Harris offered the following resolution changing
the place of commencement of the regular meeting of City Council
scheduled to be held at 12:15 p.m., on Monday, December 7, 1998, to
the Woodrow Wilson Middle School Library, 1813 Carter Road, S. W.,
with the 2:00 p.m. Council session on the same date to be held in the
City Council Chamber, 215 Church Avenue, S. W., in the City of
Roanoke:
(#34047-100798) A RESOLUTION changing the place of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, December 7, 1998.
(For full text of Resolution, see Resolution Book No. 61, page 205.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34047-100798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
317
ACTION:
COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Harris offered the
following resolution designating Council Member William White, Sr., as
the Voting Delegate and Council Member W. Alvin Hudson, Jr., as the
Alternate Voting Delegate for the Annual Business Meeting of the
National League of Cities to be held on December 1 - 5, 1998, in Kansas
City, Missouri:
(#34048-100798) A RESOLUTION designating a Voting Delegate
and Alternate Voting Delegate for the Annual Business Meeting of the
National League of Cities.
(For full text of Resolution, see Resolution Book No. 61, page 206.)
Mr. Harris moved the adoption of Resolution No. 34048-100798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
EMERGENCY SERVICES-COMMUNITY HOSPITAL: Council
Member Hudson commended Roanoke City and Roanoke Valley
emergency services staffs who responded to a fire at Community
Hospital on Monday, October 5, 1998.
ZONING-COUNCIL-STREETS AND ALLEYS: Council Member
Swain expressed concern with regard to notification of and attendance
by citizens at public hearings conducted by Council. He requested that
a wider range of notification be provided for future public hearings; i.e.:
newspaper, RVTV Channel 3, local magazines, the Internet and area
church bulletins/announcements.
LEGISLATION-NEIGHBORHOOD ORGANIZATIONS: Vice-Mayor
Harris called attention to a presentation by the City Manager and others
at a meeting of the Commission on the Future of Virginia Cities on
318
October 6, 1998, during the Annual Conference of the Virginia Municipal
League at the Hotel Roanoke Conference Center, at which time the City
Manager outlined certain ways that the Commonwealth of Virginia
could provide cities with more authority to address neighborhood
concerns. He requested that the City Manager prepare pertinent
information to be included as a part of the City's 1999 Legislative
Program.
PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS
REPORTS-PENSION: Council Member Wyatt referred to her previous
suggestion that a Member of Council serve as liaison to the employee
team to be appointed by the City Manager to interview and recommend
the best qualified consultant to prepare a pay and benefits study for
City employees; whereupon, clarification was requested as to whether
Members of Council may attend meetings of a committee appointed by
the City Manager. (See pages 278 - 291.)
The City Attorney advised that meetings of the City Manager, or
any other Council Appointed Officer, that consist of City employees are
not subject to the Virginia Freedom of Information Act, such meetings
are not open to the public or to the news media, and neither the public
nor a member of the news media has the right to attend such meetings,
except by invitation of the City Manager, or the appropriate Council
Appointed Officer.
The Mayor opened the floor for a motion by Council. There being
none, the Mayor advised that without objection by Council, the City
Manager's report with regard to engaging a consultant to prepare a pay
and benefits study for City employees would be received and filed;
whereupon, Council Member Wyatt registered an objection.
Mr. Hudson moved that the City Manager's report be received
and filed. The motion was seconded by Mr. Trout.
Question was raised as to the legality of a Member of Council
observing the proceedings of the study committee; whereupon, the
City Attorney called attention to Section 7, Limitations of the Powers of
Council, of the City Charter which provides as follows:
"Neither the mayor, the council, nor any of its members,
shall dictate, urge or suggest the appointment of any
person to office or employment by the city manager, or in
319
any manner interfere with the city manager, or prevent him
from exercising his own judgement in the appointment of
officers or employees in the administrative service;
provided, however, that the city manager's appointments
of directors of directorates, but not of department heads,
shall be subject to confirmation by a majority of the
members of the council. Except for the purpose of inquiry,
the mayor, the council and its members shall deal with the
administrative service solely through the city manager,
and neither the mayor, the council, nor any member
thereof, shall give orders to any of the subordinates of the
city manager either publicly or privately."
Mr. Dibling clarified that it would be at the discretion of the City
Manager to determine if a Member of Council would be invited to
observe the proceedings of the study committee.
Ms. Wyatt advised that it does not appear that the City Manager
wishes to issue an invitation, therefor, the lack of an invitation to
simply observe the process causes her to be suspect of what the
process involves; accordingly, she asked that the record reflect her
concern because she would question the validity of the process and
the end result if a Member of Council cannot observe the process.
The City Manager advised that the issue is much broader than
the pay and benefits study inasmuch as Council will be plowing new
ground by expressing an interest in participating in meetings which
involve City employees appointed by the City Manager to address a
topic that '*,vas assigned to the City Manager by the Council. He stated
that as City Manager, he did not believe that he should invite,
individually, any member of Council into a business discussion on a
subject that Council had assigned to him to submit his best
recommendation. He added that if the majority of Council designates
a Council representative, he would honor the decision of Council as
policy direction; however, he requested that Council consider how
such action will effect meetings called by Council Appointed Officers
in the future.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that
Council seems to be placing too much emphasis on the word
"participate" versus "observe". She expressed concern that a
considerable amount of City business is conducted in private, and, on
320
ACTION:
behalf of those citizens who elected Ms. Wyatt to City Council as their
representative, she could see no danger in allowing Ms. Wyatt to
observe the proceedings, which in no way participating in the meetings
or decisions of the City Manager's study committee.
The motion to receive and file the report of the City Manager was
adopted, Council Member Wyatt voted no.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 6:15 p.m., the Mayor declared the meeting in recess.
At 6:50 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 who left the
meeting immediately following the Executive Session.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Huds,:n 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. 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).
CLAIMS-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH: Mr. Harris offered the following resolution assigning any and all
claims and causes of action the City of Roanoke may have against
Hayes, Seay, Mattern & Mattern, Inc., to the Hotel Roanoke Conference
Center Cc;nmission:
321
(#34049-100798) A RESOLUTION.assignTng any and all claims
and causes of action the City of Roanoke may have against Hayes,
Seay, Mattern & Mattern, Inc., to the Hotel Roanoke Conference Center
Commission.
(For full text of Resolution, see Resolution Book No. 61, page 207.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34049-100798.
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).
CLAIMS-BLUE CROSS/BLUE SHIELD: Mr. Harris moved that
Council authorize the City to participate in the litigation brought against
certain tobacco defendants by Trigon Blue Cross Blue Shield in the
United States District Court for the Eastern District of New York; Trigon
is directed to take any and all action it deems appropriate with respect
to such litigation on behalf of the City, including but not limited to, the
negotiation of any settlements and the granting of any and all releases
necessary thereto; the City agrees to indemnify and hold harmless
Trigon and its affiliates from any claims related to the City's Health
Insurance Plan, such litigation, and any settlement or distribution of
settlement; and that the City Attorney be authorized to take any action,
including the assignment of claims to Trigon, which he deems
necessary and appropriate to implement the action of Council. The
motion was seconded by Mr. Swain and adopted.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the resignation of Sara McGhee, and called for nominations
to fill the vacancy.
Mr. White placed in nomination the name of David Davis.
322
ACTION:
ACTION:
There being no further nominations, Mr. Davis was appointed as
a member of the Special Events Committee, for a term ending June 30,
1999, by the following vote:
FOR MR. DAVIS: Council Members Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 6.
(Council Member Wyatt was absent).
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: The Mayor advised that the terms of office of Kevin A. Deck
and Robert B. Manetta as members of the Architectural Review Board
will expire on October 1, 1998, and called for nominations to fill the
vacancies
Mr. White placed in nomination the names of Kevin A. Deck and
Robert B. Manetta.
There being no further nominations, Mr. Deck and Mr. Manetta
were reappointed as members of the Architectural Review Board, for
terms ending October 1, 2002, by the following vote:
FOR MR. DECK AND MR. MANETTA: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers .............................. 6.
(Council Member Wyatt was absent).
OATHS OF OFFICE-COMMITTEES-VIRGINIA'S FIRST REGIONAL
INDUSTRiaL FACILITY AUTHORITY: Pursuant to. the Virginia Regional
Industrial Facilities Act, Chapter 64, Title 15.2, Code of Virginia (1950),
as amended, and pursuant to Ordinance No. 33961-081798 adopted on
August 17, 1998, creating Virginia's First Regional Industrial Facility
Authority, the Mayor advised that the City of Roanoke is entitled to
appoint two representatives to the Authority; whereupon, he opened
the floor for nominations.
Mr. White placed in nomination the name of Phillip F. Sparks.
There being no further nominations, Mr. Sparks was appointed
as a City Representative to Virginia's First Regional Industrial Facility
Authority, for a term ending September 24, 2002, by the following vote:
323
ACTION:
FOR MR. SPARKS: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 6:55 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
324
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
October 19, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session with the Salem City
Council on Monday, October 19, 1998, at 12:15 p.m., the regular meeting hour, at The
Jefferson Center, Fralin Atrium, 541 Luck Avenue, S. W., City of Roanoke, with Vice-
Mayor C. Nelson Harris presiding, pursuant to Rule 1, Re_~ular Meetin~l$, of Section
2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris
and Mayor David A. Bowers (arrived at 12:50 p.m.) ............................................ 7.
ROANOKE CITY COUNCIL MEMBERS ABSENT: None ............................... 0.
SALEM CITY COUNCIL MEMBERS PRESENT: Alexander M. Brown, Howard C.
Packett, John C. Givens, Harry T. Haskins, Jr., and Mayor Carl E. Tarpley, Jr.- .... 5.
SALEM CITY COUNCIL MEMBERS ABSENT: None ................................... 0.
OFFICERS PRESENT: Representing Roanoke City: 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;
Representing the City of Salem: Randolph M. Smith, City Manager; Forest G. Jones,
Assistant City Manager and Clerk of Council.
OTHERS PRESENT: George C. Snead, Jr., Director, Roanoke City Public
Safety; Kit B. Kiser, Director, Roanoke City Utilities and Operations; William F. Clark,
Director, Roanoke City Public Works; Glenn D. Radcliffe, Director, Roanoke City
Human Development; B. Clayton Goodman, Vinton Town Manager; John M.
Chambliss, Assistant Roanoke County Administrator; Danny W. Hall, Chief, Salem
Fire and Rescue; James Grigsby, Roanoke City Fire Chief; Billy W. Southall, Deputy
Roanoke City Fire Chief of Operations; Crosby R. Grindell, Roanoke City Battalion
Fire Chief; Tommy Fuqua, Roanoke County Battalion Chief; Amy C. Moore, Executive
Director, Habitat for Humanity in the Roanoke Valley; Brian J. Wishneff, Acting
Executive Director, Roanoke Higher Education Center; and Elizabeth T. Bowles,
Former Member of Roanoke City Council.
The meeting was opened with a prayer by Vice-Mayor Harris.
325
Following lunch, the business session convened at 12:45 p.m.
LEGISLATION-SCHOOLS: Mayor Tarpley referred to a recent meeting in
Charlottesville, Virginia, in which 40 Commonwealth of Virginia cities were
represented, at which time House Bill 599 was discussed and it was recommended
that Virginia cities should stand together to let their legislators know that previous
commitments of the General Assembly regarding funding of House Bill 599 have not
been honored. He advised that educational needs are at the top of the list for
funding, as well as infrastructure needs of all Roanoke Valley government. He
expressed appreciation for the spirit of cooperation that exists between the City of
Roanoke and the City of Salem.
At 12:50 p.m., the Mayor entered the meeting.
FIRE DEPARTMENT: W. Robert Herbert, Roanoke City Manager, advised that
the Regional Fire/EMS Training Center is a topic that spans approximately 18
months when chief administrative officers held meetings with their respective fire
chiefs to determine the feasibility of constructing one facility in the Roanoke Valley
that would serve jurisdictional needs rather than constructing multiple facilities. He
stated that a team of fire and finance staff prepared a business plan that will be
presented at the November 2 Roanoke City Council meeting. He introduced the
following members of the study committee: Danny W. Hall, Fire and Rescue Chief,
City of Salem; B. Clayton Goodman, Vinton Town Manager; Tommy Fuqua, Battalion
Chief, Roanoke County; John M. Chambliss, Assistant Roanoke County
Administrator; James Grigsby, Roanoke City Fire Chief; Crosby R. Grindle, Roanoke
City Battalion Chief; and Billy W. Southall, Roanoke City Deputy Chief of Operations.
Chief Grigsby advised that approximately ten years ago the concept of a
Regional Fire/EMS Training Center was discussed, and about two years ago training
officers from area jurisdictions held meetings to discuss training and other critical
needs of fire and emergency medical services departments. He stated that an
architectural firm was engaged to conduct a needs analysis which pointed out the
need for additional classroom space, office space, support space and auditorium
space. He advised that the consultant proposed construction of a regional fire
training center consisting of approximately 15,400 square feet, at a cost of $1.9
million. He noted that the four Roanoke Valley jurisdictions have greed, in principle,
to construct a regional fire training center located on Roanoke County's existing fire
training grounds at Kessler Mill Road in Roanoke County; the site currently has
infrastructure improvements which include a fire burn building, railroad car
simulations, drafting pit, water on site for hydrants, and mobile classroom space.
326
He explained that each jurisdiction will individually finance its share of costs based
on the following formula: Roanoke County: 44 per cent, Roanoke City: 44 per cent,
City of Salem: 8 per cent, and Town of Vinton: 4 per cent.
From Roanoke City's perspective, Chief Grigsby advised that the Director of
Finance has authorized the loan of funds to the Fire/EMS Department representing
its share of construction costs out of current working capital which will be repaid
with interest at $60,000.00 per year from Virginia Department of Fire Program funds,
which amount represents approximately 50 per cent of the funds that Roanoke City
receives from the Department of Fire Programs. He explained that this funding
source is stable and is expected to increase over the next few years. He advised
that once the Regional Fire Training Center is operational, it is hoped to share
instructors, office space will be provided for training staff, and the facility will serve
multi-functional purposes with three classrooms that can be converted into an
auditorium that will accommodate approximately 140-150 personnel.
HIGHER EDUCATION CENTER: Brian J. Wishneff, Acting Executive Director,
Roanoke Higher Education Center, advised that a briefing was presented to Salem
City Council on the Higher Education Center in November, 1997. He stated that the
Roanoke Higher Education Authority was officially established on July 1, 1998, and
funds have been received in the amount of $5,379,000.00 out of a $9 million capital
request from the General Assembly and $62,500.00 of operating expenses have been
approved for the Authority. He advised that an architect for the facility has been
engaged and during the winter season it is anticipated that certain work will occur
such as asbestos removal, exterior demolition, and any other work that can be done
leading up to the time that a request for proposals is advertised for general
renovation. He stated that the goal is for the facility to be open and operational by
the year September 2000. He explained that three requests will be submitted to the
General Assembly by the Higher Education Authority: (1) the remainder of the $9
million funding request, (2) an increase in operating funds in order to hire a
permanent director no later that June, 1999, and (3) assistance in connection with
certain lease costs increased by Virginia Western Community College, one of the
major tenants. He called attention to receipt of 15 letters of intent to lease space by
13 colleges and universities and two training entities. He advised that the role of the
Higher Education Authority will be to manage the facility and to schedule the leasing
of space; and the Higher Education Center is an important project for the Roanoke
Valley region because the number one criteria for site location by potential industry
is the availability of a trained workforce.
SEWERS AND STORM DRAINS: Mr. Kiser advised that the City of Roanoke
has been partners with the City of Salem since 1952 in sewage treatment; in 1972 the
City of Salem became a partner with Roanoke City, Roanoke County, and Botetourt
327
County; and in 1994 an agreement was entered into to expand the Sewage Treatment
Plant to a 62 million gallon per day facility and to double interceptor capacity lines
which is a $63 million project. He called attention to a public hearing to receive input
regarding the amendment of water quality standards which sets the stage for
obtaining a permit to discharge additional volumes of waste water; a reapplication
discharge permit was submitted for a new permit in 1999, which has the support of
the State Department of Health and correspondence has been forwarded to the State
Department of Environmental Quality. He explained that Sewage Treatment Plant
expansion is approximately 54 per cent complete, the Tinker Creek Interceptor line
has been completed, the Roanoke River Interceptor line is approximately 30 per cent
complete, and all projects are estimated to be completed in December 1999.
HABITAT FOR HUMANITY-HOUSING/AUTHORITY: The Mayor advised that
Habitat for Humanity in the Roanoke Valley is a strong organization which provides
a needed service for persons of Iow income, and Habitat has operated for more than
ten years, exclusively, in the City of Roanoke. He requested that the City of Salem
join with Roanoke City in the efforts of Habitat for Humanity.
Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley,
advised that Habitat has been in operation since 1986, having constructed 82 homes,
all of which are located in the City of Roanoke. She expressed appreciation for the
support of the City of Roanoke and the City of Salem through past contributions.
Mayor Tarpley advised that land is not available in Salem for construction of
Habitat houses, therefor, the City of Salem has tried to do its part by contributing
monetarily to the organization.
There being no further business, at 1:30 p.m., Vice-Mayor Harris declared the
meeting of the Roanoke City Council in recess until 2:00 p.m., in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., Roanoke,
Virginia.
At 2:00 p.m., on Monday, October 19, 1998, 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.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
328
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 Bishop Milton Lewis
Hardy, Sr., Pastor, Prayer Temple Church.
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 a 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.)
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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
329
ACTION:
ACTION:
TAXES-LEGISLATION-NEIGHBORHOOD ORGANIZATIONS: The
City Manager submitted a written report recommending that a public
hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to
consider the request of the Melrose/Rugby Neighborhood Forum to
obtain tax-exempt status from the General Assembly of Virginia on
certain real property located in the City of Roanoke at 1730 Orange
Avenue, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation of
the City Manager. 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: None ........................................................................ 0.
TAXES-LEGISLATION-HOUSING/AUTHORITY: The City Manager
submitted a written report recommending that a public hearing be
scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the
request of Blue Ridge Housing Development Corporation to obtain tax-
exempt status from the General Assembly of Virginia on certain real
property located in the City of Roanoke at 510 11th Street, N. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation of
the City Manager. 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: None ........................................................................ 0.
ROANOKE ARTS COMMISSION-YOUTH-SCHOOLS-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
330
D. Bailey Tyler as a member of the Roanoke
Commission for a term ending June 30, 2000;
Arts
Dawn W. Spaulding as a member of the Youth Services
Citizen Board for a term ending May 31, 2000; and
Harriet Lewis as a member of the Virginia Western
Community College Board of Directors for a term ending
June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .......................................................... 7.
NAYS: None ................................................................... O.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMMITTEES-DISABLED PERSONS: Christine A. Montgomery,
President, Mayor's Committee for People With Disabilities, presented
the 1998 Annual Report of the Committee. She advised that the
organization is composed of a group of citizens and business leaders
with and without disabilities from Roanoke City, Roanoke County and
the City of Salem who advocate for the rights of persons with
disabilities, with valley wide participation from businesses and citizens,
and the Committee is working toward valley wide participation by local
governments. She explained that general membership meetings are
open to the public for any person with an interest in disability issues,
meetings are held quarterly in the months of March, June, September
and December and Steering Committee meetings are held in January,
April, July and October. She stated that some persons have the
misconception that the Americans With Disabilities Act solved all of the
problems of persons with physical disabilities and that disability
services boards should replace the Mayor's Committees; however, until
all meetings of all organizations, committees and other groups
331
responsible for the rules and regulations that govern the lives of
persons with disabilities are open to the public, there is no group that
can replace the Mayor's Committees for People with Disabilities.
Ms. Montgomery referred to a report (copy of which was not
provided to the City Clerk) from E. Duane Howard, Chair, Special
Projects Subcommittee, in connection with the following concerns:
seating arrangements in public facilities, park benches, shopping
center elevators, accessibility to public swimming pools, mailbox
accessibility, stadium style seating at theaters, the comprehensive
master plan for parks and recreation, and fair housing and
transportation issues.
The Mayor requested a briefing on the concerns of persons with
disabilities in regard to Roanoke Civic Center compliance with the
Americans With Disabilities Act. He further requested that the
concerns of persons with disabilities be considered in connection with
renovations at the Jefferson Center, and the proposed ice rink and
movie theater complex in downtown Roanoke.
Council Member Wyatt suggested that those persons who
establish new businesses in the City's Enterprise Zones be made
aware, through appropriate education; of required actions to make their
businesses accessible to persons with disabilities.
Per the request of President Montgomery, the Mayor requested
that meeting notices of the Mayor's Committee for People with
Disabilities be included on the City Page of The Roanoke Times and
RVTV-Channel 3.
Without objection by Council, the Mayor advised that the report
of the Mayor's Committee for People with Disabilities would be received
and filed.
MCCLANAHAN GRAVE SITE-COMMONWEALTH OF VIRGINIA
BUILDING: The Honorable Jack B. Coulter, Retired Judge, Twenty-
Third Judicial Circuit, appeared before Council on behalf of the History
Museum of Western Virginia, and expressed appreciation for the City's
assistance in establishing the Photo Portrait Gallery of Roanoke's State
Governmental Leaders in the Commonwealth Building.
332
Mr. Coulter referred to a report of the Water Resources
Committee which was submitted to Council in 1997 that provides the
McClanahan Ad Hoc Committee with an open ended invitation to return
to Council if it was felt that there is an opportunity for the City to help
facilitate a more permanent solution for the maintenance of the
McClanahan gravesite. He explained that the .25 acre cemetery is
located on a knoll that is inaccessible and one of the major objections
when the McClanahan Ad Hoc Committee initially appeared before
Council was that the City did not own the property, therefor, question
was raised regarding the City's involvement. He stated that this
obstacle can be overcome with two deeds, one from the Horton heirs
deeding the .25 acre knoll to the City of Roanoke and the second from
BASHKA, L. L. C., deeding the 50' strip of land leading from the top of
the knoll to the City. He advised that the Horton heirs, who have
questioned whether they actually own the land, will nevertheless deed
the land to the City, however, this act cannot be consummated unless
the City accepts the deeds; therefor, he urged that the City accept the
deeds bearing in mind that the cemetery is totally inaccessible unless
there is some attractive access.
Mr. Coulter explained that the second matter of concern to the
City is that favorable action on the request could set a precedent in
favoring one private cemetery over another therefor, the McClanahan
Ad Hoc Committee has expanded the project to provide for an historical
mini-park by which the cemetery would be featured along with a
monument to the 2,643 slaves who were a part of the 1860 census and
constituted approximately 31 per cent of Roanoke's population. He
explained that there is no monument to slaves anywhere in the
Roanoke Valley, therefor, such action would honor the slaves and their
role in society before the Civil War. He referred to a suggested
inscription for the monument as contained in written documents
presented to Council; and a petition signed by residents, tenants and
others urging Council to consider the proposal and to accept the deeds
that have been offered to the City. He explained that in the process of
obtaining signatures on the petition, a person other than the owner of
The Roanoke Tribune signed the petition and Ms. Claudia A. Whitworth,
owner of The Roanoke Tribune, has requested that the name of The
Roanoke Tribune be stricken from the petition.
Ms. Claudia A. Whitworth, representing The Roanoke Tribune,
2318 Melrose Avenue, N. W., advised that she had requested that the
name of The Roanoke Tribune be deleted from the petition because the
333
employee who signed the document was under the impression that he
was signing his personal signature in support of a mini park in
commemoration of slaves, when, in fact, the names of the businesses
were added to the petition at a later time. She stated that persons who
signed the petition were not aware of the significance of the cemetery
or the park. She advised that to circulate a petition throughout the
community under the guise that the project will serve as a memorial to
slaves in order to construct a mini park is unacceptable. She stated
that she did not appear in opposition to or in support of the project, but
to make Council aware of the deceptive tactics that were used in
presenting the petition to those persons who signed the document.
Mr. Coulter advised that the petition was circulated by a member
of the McClanahan Ad Hoc Committee, and no deceit was intended,
however, if the petition does not appeal to the African-American
community, he would request its withdrawal. (The abovedescribed
deeds were returned to Mr. Coulter per his request.)
Martin D. Jeffrey, President, Roanoke Chapter, N.A.A.C.P.,
advised that it has come to his attention that segregation may be taking
place in at least two Roanoke City schools. He suggested that all
citizens take stock of what is going on in the City of Roanoke, and hold
each other accountable. He stated that people are becoming far too
insensitive to each other and far too polarized and there are individuals
who are benefitting from this attitude. He requested that the City
develop a more constructive way of dealing with progress, economic
development, and education, etc.
The Mayor requested that the Superintendent of Schools meet
with Mr. Jeffrey to discuss his concerns.
Mr. White moved that the remarks of Mr. Coulter and Ms.
Whitworth be received and filed. The motion was seconded by Mr.
Swain and unanimously adopted.
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, presented a briefing on the Southern Regional
Education Board. He advised that in March 1995, Roanoke City Public
Schools was selected as one of four school districts to participate in
the Southern Regional Education Board Leadership Academy. He
further advised that the Southern Regional Education Board involves
15 states, the organization is over 45 years old, and the City's
3 3 4
involvement in this Leadership Academy, along with three other school
districts from Alabama, Texas and Mississippi, marks the four school
districts as a part of Class 3.
Dr. Harris presented a 14 minute video that summarizes Roanoke
City Public Schools' involvement in the organization.
Following the video, it was advised that the goals of the Program
provide for district initiatives, as follows:
(1) Establish programs for three-year olds in Title I
schools where programs for four-year olds currently exist
and establish a minimum of three programs for at-risk
four-year olds in non-Title I schools.
(2) Improve the academic progress of students in all
quartiles.
(3) Narrow the differential between Caucasian and African-
American students on standardized tests administered at
grades 4, 8 and 11.
(4) Reduce the dropout rate in grades 9 - 12 by 50 per cent.
Dr. Harris advised that Goal No. 1 has been met and a report was
presented to Council at the joint meeting of Roanoke City Council and
the Roanoke City School Board in August 1998. In regard to Goal No.
2, he stated that some improvement was made in moving students at
the bottom quartile into the next highest quartile, but more work needs
to be done, and the goal is to move more students into at least the 50th
percentile which is the third quartile and higher. He stated that
Roanoke City Schools will continue to work to raise the achievement
levels of African-American students, while encouraging Caucasian
students to achieve as well. In regard to the fourth goal of reducing the
drop-out rate, he indicated that there will be a 25 per cent gain,
although it was hoped to achieve a 50 per cent reduction in the drop-
out rate.
Dr. Harris explained that Roanoke City Schools' involvement in
ten seminars over the past four years has been totally funded out of a
$75,000.00 grant provided by Nations Bank.
335
(See supporting documentation on file in the City Clerk's Office.)
Following comments, the Mayor advised that without objection
by Council, the remarks of Dr. Harris 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.
$88,497.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for district-wide facility
maintenance, school administrative technology, facility
improvements to Huff Lane, Round Hill, Ruffner, and
Woodrow Wilson, and handicap access.
$58,163.00 for the Title I Winter Program to provide
remedial reading, language arts, and mathematics
instruction for targeted schools. This continuing program
is one hundred per cent reimbursed by Federal funds.
$97,948.00 for the Title I Local Delinquent Children
Program to provide transition services to youth exiting the
Juvenile Detention Center and youth entering Youth
Haven. The services will include drop-out prevention
services, coordination and referral for substance abuse,
adolescent health and mental health services, as well as
placement services in appropriate and unique educational
programs designed for youth at risk of school failure.
This continuing program is one hundred per cent
reimbursed by Federal funds.
$2,000.00 for the 1998-99 Title VI Professional
Development Program to provide funds for innovative
education program strategies to be developed at eight
Title I schools. This is a new program and will be
reimbursed one hundred per cent by Federal funds.
336
$958,050.00 for the 1998-99 Magnet School Program to
provide for the operation of the Round Hill Montessori
School. This continuing program is one hundred per cent
reimbursed by Federal funds.
$5,365.00 for the 1998-99 Flow Through Program to
provide aid for the education and guidance of
handicapped students. This continuing program is one
hundred per cent reimbursed by Federal funds.
$3,362.00 for the 1998-99 Child Development Clinic
Program to provide funds for the salary and expenses of
the educational coordinator at the clinic. This continuing
program is one hundred per cent reimbursed by state
funds.
$1,673.00 for the 1998-99 Child Specialty Services
Program to provide funds for the salary and expenses of
the educational coordinator. This continuing program is
one hundred per cent reimbursed by state funds.
$21,530.00 for the 1998-99 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
is a new program and funding will be provided through
assessment of fees.
$34,216.00 for the School-To-Work Transition Program to
provide training and transitional services for students at
Noel C. Taylor Learning Academy to assist with entering
the workforce. This is a new program and will be one
hundred per cent reimbursed by Federal funds.
$73,900.00 for the Grants Management Program to provide
funding for the personnel and operation expenses of the
Director of Grants. This continuing program is one
hundred per cent reimbursed by Federal funds.
ACTION:
$61,352.00 for the State Truancy Project to provide
support for the Roanoke City attendance effort. This is a
continuing program and is one hundred per cent
reimbursed by state funds.
$65,669.00 for the Juvenile Detention Home Program to
provide funds for the salary and expenses of the two
educational coordinators. This continuing program is one
hundred per cent reimbursed by state funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on,file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34050-101998) 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 216.)
Mr. Trout moved the adoption of Ordinance No. 34050-101998.
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: None ........................................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
337
ITEMS RECOMMENDED FOR ACTION:
338 · '
ACTION:
BUDGET-PUBLIC WORKS: The 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 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 (broken pipe, guardrails, crushed and empty barrels, etc.).
It was further advised that the excavated materials have been
removed from the site and sent to the 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 a number of
months before the matter is brought to a close; approximately
$450,000.00 has been expended through August 1998 for environmental
studies, legal services, disposal fees, consultant and expert fees and
related expenses; and funds are needed to pay the costs estimated to
be incurred during the upcoming fiscal year.
The City Manager recommended that Council appropriate
$350,000.00 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:
(#34051-101998) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Capital Projects Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 221.)
Mr. Trout moved the adoption of Ordinance No. 34051-101998.
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: None ........................................................................ 0.
SEWERS AND STORM DRAINS-BUDGET~WATER RESOURCES:
The City Manager submitted a written report advising that the
contractor for upgrade and expansion of the Water Pollution Control
Plant is Danis Environmental Industries, Inc., of Dayton, Ohio, for a
contract amount of $16,690,000.00 and 730 consecutive calendar days
for completion of the project; the project consists of upgrade and
expansion of the Water Pollution Control Plant to 62,000,000 gallons
treatment capacity per day; Change Order No. I was approved by
Council on July 6, 1998, for an additional $100,513.00 and Change
Order No. 2 was approved on August 17, 1998, for an additional
$65,782.00 and seven additional calendar days for completion of the
work; and total contract amount is currently $16,856,295.00 with 737
consecutive calendar days construction time, and a projected
completion date of November 5, 1999.
It was further advised that additional items have been identified
as part of the required work on the project and need to be approved for
payment; total amount of Change Order No. 3 is $52,317.00; and
Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have reviewed the
changes and have recommended approval of payment by the City.
The City Manager recommended that he be authorized to issue
Change Order No. 3 to the contract with Danis Environmental
Industries, Inc., in the amount of $52,317.00 and no change in contract
completion time for a total contract amount of $16,908,612.00 and a
completion date of November 5, 1999; and the proportional share to
each jurisdiction is as follows:
City of Roanoke (37.3%)
County of Roanoke (29.2%)
City of Salem (20.9%)
Botetourt County (7.0%)
Town of Vinton (5.6%)
Total of Change Order No. 3
$19,514.24
15,276.57
10,934.25
3,662.19
2.929.75
$52,317.00
(For full text, see report on file in the City Clerk's Office.)
339
34O
ACTION:
Mr. Swain offered the following emergency ordinance:
(#34052-101998) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 3 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 222.)
Mr. Swain moved the adoption of Ordinance No. 34052-101998.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ....................................................... 7.
NAYS: None ...................................................................... 0.
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-TREES-
EQUIPMENT: The City Manager submitted a written report advising that
the current year Capital Maintenance and Equipment Replacement
Program, which has identified various operational and project needs for
numerous City departments, was presented to Council on Wednesday,
October 7, 1998; and it is necessary for Council to appropriate funds
from the Capital Maintenance and Equipment Replacement Program to
provide for acquisition of the following items.
Traffic Engineering Projects - funds will address mini
Traffic Engineering projects such as replacement and/or
relocation of traffic signals, controllers, detectors and
conduits as well as the completion of miscellaneous traffic
studies - $20,000.00.
Minor Neighborhood Storm Drain Program funds
supplement the 1997 bond referendum which authorized
$225,000.00 for minor drainage projects - $50,000.00
Bridge renovations - funds will be used to supplement
operating funds currently slated for "minor" bridge
renovations, such as repair of expansion joints or
replacement of concrete decks that have been changed by
salt or other chemicals associated with snow removal -
$4O,OOO.O0.
341
Phase III - Map Automation - Water & Sewage Maps - funds
will pay for the development of digital water and sewer
maps, which will include all street addresses, as well as
water and sewer facilities - $40,000.00.
Miscellaneous Snow Equipment Parts - required
replacement parts are needed to repair, maintain and
upgrade existing snow and ice equipment to ensure
readiness for the upcoming snow season - $20,000.00.
2 - 40 gallon "Saddle Bag" Pre-Wetting Systems - Pre-
wetting systems, which mount on salt spreaders, add
liquid chemicals to the salt to make it activate in the more
severe temperatures. Currently, an additional system is
needed in the Central Business District and one is needed
for trouble spots that have been identified in other areas
of the City - $4,000.00.
7 - 140 gallon "Saddle Bag" Pre-Wetting Systems - this
request is to purchase these systems which will provide
the City with one large pre-wetting system for each of the
15 zones in the City - $16,100.00.
2 - Snow Plow Rigs and Controls - snow plow rigs and
controls are needed for two 4 x 4 pick-up trucks to assist
with snow removal. The plow will be hydraulically
controlled from the cab - $7,000.00.
2 - Salt Spreaders and Controls for Dump Trucks
spreaders and their controls are needed to replace old
existing equipment that can no longer be repaired
$12,000.00.
Additional containers for Automated Program - this
request is to fund the purchase of 270 additional 95 gallon
containers and 110 - 32 gallon containers to be used in the
Solid Waste Management Automation Program -
$15,000.00.
Supplies for Sheriff's Department Inmate Crews - funds
are needed to purchase items such as paint, plastic bags,
drop cloths, paint brushes and paint thinner for the
342
Sheriff's Department's inmate crews who assist with
building maintenance during fiscal year 1997-98 -
$10,000.00.
Pay and Benefits Study - funding is needed to contract
with an outside vendor for an independent evaluation and
report - $55,000.00.
Equipment for Woodrow Wilson School Fitness Center -
funding will provide for physical fitness equipment needed
for the Woodrow Wilson Middle School - $35,000.00.
4 - Modular Work Secretarial Workstations - the requested
workstations are needed for Circuit Court Judges'
secretaries and others who are often required to conduct
business in the offices of the judicial secretaries -
$11,000.00.
Reforestation Program - Phase V - funds will enable Parks
and Grounds to plant approximately 150 trees - $20,000.00.
Total - $355.100.00
The City Manager recommended that Council appropriate
$355,100.00 to the following accounts:
$20,000.00 to Traffic Engineering, Account No. 008-052-
9560-9003
$50,000.00 to Engineering, Account No. 008-052-9595-9003
$40,000.00 to Engineering, Account No. 00t-052-4310-2002
$40,000.00 to Engineering, Account No. 008-052-9549-9003
$59,100.00 to Snow Removal, Account No. 001-052-4140-
9015
$15,000.00 to Solid Waste Management, Account No. 001-
052-4210-2035
343
$10,000.00 to Building Maintenance, Account No. 001-052-
4330-3050
$55,000.00 to Personnel Management, Account No. 001-
002-1261-2010
$35,000.00 to Recreation, Account No. 001-052-7110-2066
$11,000.00 to Circuit Court, Account No. 001-072-2110-
9015
$20,000.00 to Parks and Grounds, Account No. 001-052-
4340-3004
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34053-101998) 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 223.)
Mr. Harris moved the adoption of Ordinance No. 34053-101998.
The motion was seconded by Mr. White and adopted by the following
vote: .:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
Ms. Regina R. Vassar, 1117 Floyd Avenue, S. W., expressed
concern with regard to the City's policy for replacing trees on City
property; whereupon, the matter was referred to the Director of Public
Works for appropriate response.
BUDGET-GRANTS-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
344
eligible residents in the Counties of Alleghany, Botetourt, Craig and
Roanoke, as well as the Cities of Clifton Forge., Covington, Roanoke
and Salem; FDETC serves two primary client populations including
dislocated workers and the economically disadvantaged; the City of
Roanoke is the grant recipient for FDETC funding; and Council must
appropriate funding for all grants and other monies received by the
FDETC.
It was further advised that the State Department of Social
Services has notified the Consortium of approval of a grant in the
amount of $508,010.62 to operate a Welfare-to-Work Program for fiscal
year 1999; funds will be used to help move hard-to-employ welfare
recipients to lasting unsubsidized jobs and to achieve self-sufficiency
by providing career counseling, job readiness and retention classes,
case management, occupational skills training and on-the-job training;
and the Governor's Employment and Training Department has notified
the Consortium of an allocation of $10,000.00 for planning an
electronically-linked regional workforce development network.
It was explained that jurisdictions in the Fifth Planning District,
were requested by the FDETC to contribute funds to offset the agency's
administrative costs; and to date, allocations totaling $11,128.15 have
been confirmed from the participating jurisdictions (Botetourt County
$1,715.00; Roanoke County $3,500.00; City of Salem $5,663.15; Craig
County $250.00).
The City Manager recommended that Council appropriate total
funding of $529,139.00 and increase the revenue estimate by
$529,139.00, 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. Harris offered the following emergency budget ordinance:
(#34054-101998) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Consortium Fund Appropriations, and providing
for an emergency.
,,,,
(For full text of Ordinance, see Ordinance Book No. 61, page 225.)
345
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34054-101998.
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: None-' ...................................................................... 0.
CITY ATTORNEY:
ACTION:
BUDGET-CITY EMPLOYEES-PENSIONS: The City Attorney
submitted a written report advising that in connection with a referral to
his office at the October 7, 1998 Council meeting, he was transmitting
an ordinance which amends the Employees' Supplemental Retirement
System so that employees retiring on or after January 1, 1999, will have
their retirement allowance calculated utilizing a multiplier of 2.1 per
cent of average final compensation; as to employees who are eligible
for a vested allowance, he transmitted an ordinance which provides
that employees leaving the employ of the City prior to January 1, 1999,
will have their vested allowance calculated utilizing a multiplier of 2.0
per cent, while employees leaving the employ of the City on or after
January 1, 1999, will have their vested allowance calculated utilizing a
multiplier of 2.1 percent.
The City Attorney transmitted an additional ordinance providing
for a new window of opportunity for City employees to transfer from the
Employees' Retirement System to the Employees' Supplemental
Retirement System.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34055) AN ORDINANCE amending and reordaining subsection
(c) of §22.1-44, Normal service retirement, and subsection (b) of §22.1-
45, Early service retirement allowance, and §22.1-46, Vested allowance,
by the addition of a new subsection (c), Code of the City of Roanoke
(1979), as amended; the amended and added subsections providing for
utilization of a multiplier of two and one-tenth (2.1) percent for each
year of creditable service subject to a maximum of sixty-three (63)
346
percent of average final compensation and establishing special rules
for determination of the multiplier for persons eligible for early service
retirement allowance; and providing for an effective date of January 1,
1999.
(For full text of Ordinance, see Ordinance Book No. 61, page 228.)
The motion was seconded by Mr. Trout.
Ms. Regina R. Vassar, 1117 Floyd Avenue, N. W., appeared before
Council in opposition to the increase in the pension multiplier for City
employees and inquired as to what Council plans to do for the
taxpayers of Roanoke now that lucrative pension benefits have been
approved. She expressed concern that as a taxpayer of Roanoke, she
will be paying for this pension increase for City employees for the rest
of her life. She expressed further concern that there was insufficient
long range study by Council prior to approving the increased benefit.
Mr. White urged that Council delay action on the increase in the
pension multiplier until the pay and benefits study is completed by the
consultant. He advised that the Director of Finance and the Board of
Trustees, Employees' Retirement System, have recommended against
the increase in benefits because the City's benefits are equal to or
superior to most jurisdictions within the Commonwealth of Virginia and
the City of Roanoke is a leader in providing pension benefits. He stated
that any excess funds should be used for needed improvements in the
City and the School System.
Mr. Swain advised that he could not support the increase in the
pension multiplier. He stated that citizens of Roanoke are of the
opinion that Council Members are elected to be stewards of taxpayers'
funds and to insure that those funds are used to address capital needs
of the City. He spoke in support of tabling the vote on the increase in
the pension multiplier pending receipt of the pay and benefits study by
the consultant.
A report of the Director of Finance advising that Council, on
Wednesday, October 7, 1998, tentatively approved the following
enhancement to the City of Roanoke Pension Plan for the Employees'
Supplemental Retirement System (ESRS), was before Council.
347
Calculate the amount of benefit using a multiplier of 2.1
per cent for each year of creditable service with a
maximum pension allowance of 63 percent of average final
compensation. The effective date is January 1, 1999.
Mr. Grisso further advised that there are approximately 200 active
members in the Employee's Retirement System (ERS) and a "window
of opportunity" from December 1 through December 31, 1998, is
recommended for those employees to voluntarily transfer to the ESRS.
(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.
ACTION:
Ordinance No. 34055 was adopted on its first reading by the
following vote:
AYES: Council Members Hudson, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................. 5.
NAYS: Council Members Swain and White ............................. 2.
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34056) AN ORDINANCE amending and reordaining §22.1-3,
Membershi_~ _aenerally, of Chapter 22.1, Pensions and Retirement, Code
of the City of Roanoke (1979), as amended, by the addition of a new
subsection (c3) providing for a new window of opportunity during
which members of the Employees' Retirement System may transfer to
the Employees' Supplemental Retirement System.
(For full text of Ordinance, see Ordinance Book No. 61, page 230.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: Council Member White .............................................. 1.
348
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None. ~
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
SEWERS AND STORM DRAINS-EASEMENTS-WATER
RESOURCES: Ordinance No. 34037, granting a license to J. B. Goria to
permit the encroachment of a 5,000 square foot commercial building
over an existing sewer line and easement located on property known
as 4803 Williamson Road, N. W., and bearing Official Tax No. 2170128,
having previously been before the Council for its first reading on
Wednesday, October 7, 1998, 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:
(#34037-101998) AN ORDINANCE granting a license to permit an
encroachment of a 5,000 sq. ft. commercial building over an existing
sewer line and easement located on the property commonly known as
4803 Williamson Road, N. W., and bearing Official Tax No. 2170128,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 208.)
Mr. Trout moved the adoption of Ordinance No. 34037-101998.
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.
NAYS: None ........................................................................ 0.
SEWERS AND STORM DRAINS-EASEMENTS-WATER
RESOURCES: Ordinance No. 34038, granting a license to Edwin C. Hall
to permit the encroachment of a two-story residential building over
existing sewer lines and easements located on property known as 218
Twenty-third Street, S. W., and bearing Official Tax No. 1051501, having
previously been before the Council for its first reading on Wednesday,
349
ACTION:
October 7, 1998, 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: ,
(#34038-101998) AN ORDINANCE granting a license to permit an
encroachment of a two-story residential building over existing sewer
lines and easements located on the property commonly known as 218
Twenty-third Street, S. W., and bearing Official Tax No. 1051501, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 210.)
Mr. Trout moved the adoption of Ordinance No. 34038-101998.
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.
NAYS: None ........................................................................ 0.
TRAFFIC-PARKS AND RECREATION-STATE HIGHWAYS-WATER
RESOURCES: Ordinance No. 34039, releasing a portion of Strauss Park
from its dedication to public park and recreational use; dedicating
some of the same property as public right-of-way in connection with
the Peters Creek Road Extension Project, subject to the former
property owner concurring in the releasing of the property from the
restriction that it be used as a public park and public recreation area,
having previously been before the Council for its first reading on
Wednesday, October 7, 1998, 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:
(#34039-101998) AN ORDINANCE releasing a portion of Strauss
Park from its dedication to public park and recreational use; dedicating
some of that same property as public right-of-way in connection with
the Peters Creek Road Extension Project; subject to the former
property owner concurring in the releasing of the property from the
restriction that it be used as a public park and public recreation area.
(For full text of Ordinance, see Ordinance Book No. 61, page 212.)
350
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34039-101998.
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.
NAYS: None ...................................................................... 0.
CITY NURSING HOME-WATER RESOURCES: Ordinance No.
34041, declaring the City Nursing Home structure at Coyner Springs
surplus property and authorizing its demolition, having previously been
before the Council for its first reading on Wednesday, October 7, 1998,
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:
(#34041-101998) AN ORDINANCE declaring the City Nursing
Home structure at Coyner Springs surplus property and authorizing its
demolition.
(For full text of Ordinance, see Ordinance Book No. 61, page 213.)
Mr. Trout moved the adoption of Ordinance No. 34041-101998.
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.
NAYS: None ..................................................................... O.
CITY CODE-SEWERS AND STORM DRAINS-WATER
RESOURCES: Ordinance No. 34044, amending the Rules and
Regulations for the Provision of Water Service dated October 22, 1984,
to provide a payment due date for water and sewer bills not less than
20 days after the billing date and a penalty of 10% with a $2.00
minimum for delinquent water and sewer bills, effective on and after
January 4, 1999, having previously been before the Council for its first
reading on Wednesday, October 7, 1998, 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:
351
ACTION:
(#34044-101998) AN ORDINANCE amending the Rules and
Regulations for the Provision of Water Service dated October 22, 1984,
to provide a payment due date for water and sewer bills not less than
twenty days after the billing date and a penalty of ten percent (10%)
with a two dollar ($2.00) minimum for delinquent water and sewer bills,
and providing for an effective date thereof.
(For full text of Ordinance, see Ordinance Book No. 61, page 214.)
Mr. Trout moved the adoption of Ordinance No. 34044-101998.
The motion was seconded by Mr. Harris and adopted by the following
vote: .
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
CITY CODE-SEWERS AND STORM DRAINS-WATER
RESOURCES: Ordinance No. 34045, amending Section 2.178.1, Interest
rates on overdue accounts, of Article VIII, Finance Generally, of Chapter
2, Administration, of the Code of the City of Roanoke (1979), as
amended, by excluding water and sewer accounts from having an
interest charge imposed and by changing the reference from Section
15.1 to Section 15.2 of the Code of Virginia, effective on and after
January 4, 1999, having previously been before the Council for its first
reading on Wednesday, October 7, 1998, 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:
(#34045-101998) AN ORDINANCE amending §2-178.1, Interest
rates on overdue accounts, of Article VIII. Finance Generally, of Chapter
2, Administration, of the Code of the City of Roanoke (1979), as
amended, by excluding water and sewer accounts from having an
interest charge imposed and by changing the reference from §15.1 to
§15.2 of the Code of Virginia, and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 215.)
Mr. Hudson moved the adoption of Ordinance No. 34045-101998.
The motion was seconded by Mr. Trout and adopted by the following
vote:
352
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................ 7.
NAYS: None ...................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY MANAGER-COUNCIL: Council Member Wyatt referred to
photographs that were placed on the Council dais prior to the meeting
with regard to certain alleged violations of City ordinances. She
requested that the City Manager investigate the concerns and report to
Council accordingly.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:15 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. 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. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY:
The Mayor advised that there is a vacancy on the City of Roanoke
Transportation Safety Commission created by the resignation of
Chauncey Logan, and called for nominations to fill the vacancy.
353
ACTION:
Mr. Swain placed in nomination the name of David M. Prince.
There being no further nominations, Mr. Prince was appointed as
a member of the City of Roanoke TransportatiOn Safety Commission,
for a term ending October 31, 2000, by the following vote:
FOR MR. PRINCE: Council Members Hudson, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY:
The Mayor advised that the terms of office of Ramey A. Bower, Sr.,
John W. Brown, Jr., Robert K. Bengtson and Carroll E. Swain as
members of the City of Roanoke Transportation Safety Commission will
expire on October 31, 1998, and called for nominations to fill the
vacancies.
ACTION:
ACTION:
Mr. Trout placed in nomination the names of Ramey A. Bower,
Sr., John W. Brown, Jr., Robert K. Bengtson and Carroll E. Swain.
There being no further nominations, Mr. Bower, Mr. Brown,
Mr. Bengtson and Mr. Swain were reappointed as members of the City
of Roanoke Transportation Safety Commission, for terms ending
October 31, 2002, by the following vote: -~
FOR MR. BOWER, MR. BROWN, MR. BENGTSON AND
MR. SWAIN: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor
advised that the term of office of Dennis R. Cronk as a Director of the
Industrial Development Authority will expire on October 20, 1998, and
called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Dennis R. Cronk.
There being no further nominations, Mr. Cronk was reappointed
as a Director of the Industrial Development Authority, for a term ending
October 20, 2002, by the following vote:
FOR MR. CRONK: Council Members HudsOn, Swain, Trout, White,
Wyatt, Harris and Mayor Bowers ...................... , ............................. 7.
354
At 4:18 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, October 19, 1998, 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 W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson
Harris 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 Mayor Bowers.
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, October 19, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke Redevelopment and Housing Authority, that a tract of land
located on the east side of Kimball Avenue, N. E., bearing Official Tax
No. 3010101, be rezoned from HM, Heavy Manufacturing 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, October 1, 1998, and Thursday,
October 8, 1998, and in The Roanoke Tribune on Thursday, October 8,
1998.
355
ACTION:
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Roanoke Redevelopment and Housing Authority owns and has
attempted to sell the property under its present HM, Heavy
Manufacturing zoning classification for over 25 years without success;
however, the Housing Authority has recently reached a tentative
agreement of sale with an adjacent landowner, Shively Electric
Company, which currently owns the parcel of land Official Tax No.
(3010201) that lies adjacent to the southerly boundary of the
undeveloped section of McDowell Avenue, N. W.; property currently
owned by Shively Electric Company was rezoned from HM to LM in
1991; and the previous owner, L & M Properties, stated at that time that
it had been unable to find a tenant who wanted to use the property
under its HM, Heavy Manufacturing District classification, was before
Council.
The City Planning Commission recommended that Council
approve the request to rezone the above described property from HM,
Heavy Manufacturing District, to LM, Light Manufacturing District.
(For full text, see report on file in the City Clerk's Office.)
Daniel F. Layman, Jr., 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:
(#34057) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 301, 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 231.)
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. 34057 was adopted, on its first reading, by the
following vote:
356
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
HOUSING/AUTHORITY-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,
October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke Redevelopment and
Housing Authority that a portion of McDowell Avenue, N. E., as the
same lies and extends from Kimball Avenue between Official Tax Nos.
3030101 and 3030201, to a dead end at the Norfolk and Western Railway
right-of-way, 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, October 1, 1998, and Thursday,
October 8, 1998, and in The Roanoke Tribune on Thursday, October 8,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Roanoke Redevelopment and Housing Authority has recently reached
a tentative agreement to sell Official Tax No. 3010101 in the Kimball
Redevelopment Project Area to Shively Electric Company; Shively
Electric Company, a contracting, repair and retail firm, is currently
located in Rocky Mount, Virginia, and currently owns the parcel of land
abutting the southerly side of the subject section of McDowell Avenue,
N. E., was before Council.
The City Planning Commission recommended that Council
approve the request to close and permanently vacate the
abovedescribed section of McDowell Avenue, N. E., subject to certain
conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
357
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34058) 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 232.)
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. 34058 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
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, October 19, 1998, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Gordon M. and Helen Jones that an undevelope*d alley running parallel
to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official
Tax Nos. 3341031 and 3341032, respectively, 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, October 1, 1998, and Thursday,
October 8, 1998, and in The Roanoke Tribune on Thursday, October 8,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the right-
of-way area at this alley is undeveloped and, according to the
application, has been maintained by the applicant for over 20 years; the
358
ACTION:
applicant is in the process of constructing a house on abutting Official
Tax No. 3341031, or 1912 East Gate Avenue, N. E.; and the owner of this
parcel of land wishes to use the land within the public right-of-way as
an adjunct to the existing lot, was before Council.
The City Planning Commission recommended that Council
approve the request to close and permanently vacate the
abovedescribed section of undeveloped alley right-of-way, subject to
certain conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Ms. Helen Jones, Petitioner, appeared before Council in support
of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34059) 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 235.)
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. There being none,
Ordinance No. 34059 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ........................................................... 7.
NAYS: None .......................................................... ' ............. 0.
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, October 19, 1998, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Innotech, Inc., that a portion of Ferndale Drive, N. W., bounded on the
west by property of the City of Roanoke, identified as Official Tax Nos.
359
ACTION:
6460103, and on the north and east by Official Tax Nos. 6460101 and
6460106, be permanently vacated, discontinued and closed, the matter
was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Time~ on Thursday, October 1, 1998, and Thursday,
October 8, 1998, and in The Roanoke Tribune on Thursday, October 8,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Innotech,
Inc., a subsidiary of Johnson and Johnson, is requesting that a portion
of Ferndale Drive be closed and vacated for the purpose of acquiring
the land within the street right-of-way to construct a new industrial
facility; Innotech has also submitted a petition to rezone Official Tax
Nos. 6460101 and 6460106, from conditional C-2, General Commercial
District to LM, Light Manufacturing District, to permit development of
the facility; and closure and vacation of this section of Ferndale Drive,
N. W., will require that an alternative public road frontage be dedicated
and constructed to serve the subject property, was before Council.
The City Planning Commission recommended that Council
approve the request to close and vacate the abovedescribed section of
Ferndale Drive, N. W., subject to certain conditions as more fully set
forth in the report.
(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 client.
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34060) 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 237.)
The motion was seconded by Mr. Trout.
360 ,
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34060 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 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, October 19, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Innotech, Inc.,
that two tracts of land at or near the northern terminus of Ferndale
Drive, N. W., and abutting the western boundary of Interstate Route 581,
designated as Official Tax Nos. 6460101 and 6460106, be rezoned from
C-2, General Commercial 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 Time~ on Thursday, October 1, 1998, and Thursday,
October 8, 1998, and in The RQanoke Tribune on Thursday, October 8,
1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Innotech,
Inc., a subsidiary of Johnson and Johnson, is considering development
of the subject property for a new industrial facility; a rezoning request
for the property was filed in August; an amended petition was filed on
October 7, 1998, which clarified that previously proffered conditions
were to be deleted, and there are no conditions proffered as part of the
request for rezoning, was before Council
It was further advised that presently the consultant for Innotech
is reviewing site development conditions, including traffic
management, utility services, storm water management, and landscape
buffering of adjacent school and apartment uses; studies are currently
361
ACTION:
underway and there have been no decisions or agreements regarding
development of the property; and the City is actively working with
Innotech to facilitate the industrial development.
Th= City Planning Commission recommended that Council
approve the request for rezoning, and advised that changing the zoning
of the subject property from conditional C-2, General Commercial
District to LM, Light Manufacturing District, is consistent with the City's
Comprehensive Plan and with the goals for industrial economic
development; while development of the subject property has important
issues that need to be addressed, specifically traffic access, flood plain
management, and general site design as it relates to adjacent
residential uses, a change in zoning to allow industrial development is
appropriate for the property; design and construction details of
development can be considered and approved at a later date by City
staff and the City Planning Commission as part of the Comprehensive
Development Plan and Subdivision review; and City staff is presently
working with Innotech to address public infrastructure issues.
(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 client.
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34061) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 646, 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 240.)
The motion was seconded by Mr. Trout.
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. 34061 was adopted, on its first reading, by the
following vote:
362
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .............................................................. 7.
NAYS: None ........................................................................ 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, October 19, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of RIA, LLC, that
a tract of land located on the west side of Hollins Road, N. E., being an
approximately 9.5 acre portion of Official Tax No. 3140301, be rezoned
from HM, Heavy Manufacturing 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, September 3, 1998, and Thursday,
September 10, 1998, and in The Roanoke Tribune on Thursday,
September 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A communication from Michael K. Smeltzer, Attorney,
representing the petitioner, requesting that the matter be tabled until
the regular meeting of Council on Monday, November 16, 1998, at 7:00
p.m., was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Wyatt moved that the matter be tabled until the regular
meeting of Council on Monday, November 16, 1998, at 7:00 p.m. The
motion was seconded by Mr. Harris and unanimously adopted.
COMMUNICATIONS DEPARTMENT-BELL ATLANTIC - VIRGINIA,
INC.: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, October 19, 1998, 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
an easement across City owned property identified as Official Tax No.
1370201, located in Fishburn Park to Bell Atlantic -Virginia, Inc., for the
purpose of relocating its underground conduit in connection with the
Brambleton Avenue Bridge Project, the matter was before the body.
363
Legal advertisement of the public hearing was published in
The RoanQke Time~ on Sunday, October 11, 1998.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee advising that Council
approved acquisition of property rights for replacement of the
Brambleton Avenue Bridge, pursuant to Ordinance No. 32883-040196;
Fishburn Park runs alongside Brambleton Avenue in the area where the
bridge will be replaced, near the intersection of Ross Lane; Bell Atlantic
- Virginia, Inc., has underground conduit in the area where the bridge
replacement construction will take place (see plat); construction of the
new bridge will require relocation of Bell Atlantic's existing
underground conduit; and an easement across Fishburn Park property
has been requested by Bell Atlantic in order to relocate its underground
conduit (see letter), was before Council.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting an easement
across City-owned property to Bell Atlantic - Virginia, Inc.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34062) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 1370201 located in Fishburn Park to Bell Atlantic -
Virginia, Inc., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 242.)
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 matte~, There being none,
Ordinance No. 34062 was adopted, on its first reading, by the following
vote:
364
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
OTHER HEARING OF CITIZENS: None.
There being no further business, the Mayor declared the meeting adjourned
at 7:20 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
365
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 2, 1998
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 2, 1998, at 2:00 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, Recjular
Meetin_~s. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended. (Pursuant to Resolution No. 34014-090898 adopted on September 8,
1998, the 12:15 p.m., session of Council was canceled.)
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 meeting was opened with a prayer by The Reverend Diane Scribner
Clevenger, Pastor, Unity Church of Roanoke Valley.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS
PROCLAMATIONS-RECYCLING: The Mayor presented a
Proclamation declaring the month of November 1998 as "America
Recycles Month: Roanoke".
(For full text, see Proclamation on file in the City Clerk's Office.)
366
ACTION:
ACTION:
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 specific legal matters requiring the provision of legal advice by
counsel, being the terms and conditions of an economic development
contract in negotiation; 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, August 3, 1998, and Monday, August 17, 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 Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None, O.
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)(I), 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
367
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.
PERSONNEL LAPSE FUNDS: A report of the City Manager
advising that personnel lapse is generated due to employee turnover
and vacancies in City departments; for the current fiscal year, salary
savings of $812,038.00 are projected as a result of these vacancies; and
a fourth quarter report will provide a budget ordinance that
encompasses all quarters, eliminates the budgeted lapse amount,
adjusts affected departmental operating budgets and adjusts revenue
estimates, was before Council.
The following figures represent the status of Personnel Lapse for
fiscal year 1998-99 as of September 30, 1998:
General Fund:
Total Budgeted Personnel Lapse
($812,038.00)
First Quarter Personnel Lapse Generated
July $154,187.00
August 160,391.00
September 216,259.00 $530.837.00
Less Revenue Adjustment
(103.721.00)
Net First Quarter Reduction
$ 427,116.00
Personnel Lapse Balance Remaining
after First Quarter
($384.922.00)
(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 Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... O.
368
ACTION:
VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY
AUTHORITY-JUVENILE CORRECTIONAL FACILITIES-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
James O. Trout and Phillip F. Sparks as City
Representatives to Virginia's First Regional Industrial
Facility Authority for terms ending September 24, 2002;
and
Jesse A. Hall as an Ex-Officio member of the Roanoke
Valley Juvenile Detention Center Commission for a term
ending June 30, 2002.
(See Oaths or Affirmations 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 Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None.
mmmmmmmmmmmmmmmmm0 ·
VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY
AUTHORITY: A communication from James E. Cornwell, Jr., Esq.,
transmitting a Certificate from the Secretary of the Commonwealth,
pursuant to Section 15.2-6402 of the Code of Virginia 1950, as
amended, which provides for creation of Virginia's First Regional
Industrial Facility Authority, was before Council.
Mr. Cornwell advised that the first meeting of the Authority will
be held on Monday, September 21, 1998, at 7:00 p.m., at the office of the
Fifth Planning District Commission in Radford.
The Certificate provides as follows:
"1, Anne P. Petera, Secretary of the Commonwealth
of Virginia, and as such, keeper of the Great and Lesser
Seals, do hereby certify that the Ordinance adopted by the
Counties of Bland, Giles, Pulaski, Wythe, Craig,
369
ACTION:
Montgomery and Roanoke, the Cities of Roanoke, Radford
and Salem, and the Towns of Christiansburg, Narrows,
Pulaski, Dublin and Pearisburg, Virginia pursuant to §15.2-
6402 of the Code of Virginia, 1950, as amended, creating
Virginia's First Regional Industrial Facility Authority was
duly filed in this office on September 24, 1998, and do
certify further that upon the basis of the facts set forth
therein, the said Ordinance satisfies the requirements of
the aforesaid Act."
"Given under my hand and under the Lesser Seal of
the Commonwealth, at Richmond, this seventh day
of October, in the year of our Lord one thousand
nine hundred and ninety-eight and in the 223rd year
of the Commonwealth.
S/Anne P. Petera
Secretary of the Commonwealth"
(For full text, see communication and certificate on file in the City
Clerk's Office.)
Mr. White moved that the communication and certificate 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 ........................................................................ O.
SEWERS AND STORM DRAINS: A report of the City Manager
recommending that a public hearing be scheduled for Monday,
November 16, 1998, at 7:00 p.m., to consider acquisition of certain
property in connection with the Roanoke River Interceptor Sewer
Replacement project, was before Council.
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, the City Manager
requested that Council schedule a public hearing for Monday,
November 16, 1998, at 7:00 p.m., on the conveyance of all or portions
370
ACTION:
ACTION:
of six parcels of land identified as Official Tax Nos. 1221301, 1221302,
1221403, 1221406, 1222404, and 1222405, which will be acquired in
connection with the Roanoke River Interceptor Sewer Replacement
project.
(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. 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.
COUNCIL: A report of the City Manager requesting that Council
convene in Executive Session to discuss specific legal matters
requiring the provision of legal advice by counsel, being the terms and
conditions of an economic development contract in negotiation,
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 of the City
Manager to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract in
negotiation, 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 Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ..................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
371
ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED:
Robert S. Callahan, Jr., Chairperson, Downtown Roanoke, Inc., (DRI),
presented copy of the Annual Report which will be mailed to over $00
downtown property owners, members of Downtown Roanoke, Inc., and
the news media. He advised that DRI looks forward to implementation
of the OUTLOOK Roanoke Plan, and Downtown Roanoke provided the
leadership for the destination/education initiative which was successful
in achieving much of the funding necessary to move the Higher
Education Center Project forward to the point where construction will
begin in early 1999. He stated that DRI and others have provided the
leadership for the GOB South Building to become an exciting
residential address and for the N & W Passenger Station to become a
new gateway visitors center as proposed in the OUTLOOK Roanoke
Plan. He noted that DRI has joined forces with others to form the Blue
Ridge Special Events Partnership which will carry area events to new
levels of success; the DRI/City Guide Program was an initiative to
provide visitor information to employees and visitors; the Tuesday
Market Menagerie, in cooperation with the City's Department of Parks
and Recreation and market retailers and farmers, brought hundreds of
new customers to the historic farmers' market; a committee met with
City staff to design the specifications for new awnings, painting and
electrical upgrades to the farmers' market; DRI worked with the courts
and the police department to clean up graffiti, and DRI staff and Board
members recently attended community leadership trips to Greenville,
South Carolina, and Chattanooga, Tennessee, to observe initiatives to
move the Roanoke community forward. He expressed appreciation to
the Members of Council and to the City Manager for working with
Downtown Roanoke, Inc., over the past year to improve the downtown
area and for Council's support of Williamson Road improvements, the
railwalk, market building improvements, Salem Avenue improvements,
and Jefferson Street sidewalk improvements. He urged that Council
take a leadership position with Downtown Roanoke and that the City
join Downtown Roanoke, Inc., as a full fledged member of the
organization inasmuch as the City of Roanoke represents the second
largest number of employees and is one of the largest property owners
in the Downtown Service District.
(See Annual Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the remarks
of Mr. Callahan and the Annual Report of Downtown Roanoke, Inc.,
would be received and filed.
372
ANNUAL REPORTS-COMMONWEALTH'S ATTORNEY-CITY
ACTION TEAM: Donald S. Caldwell, Commonwealth's Attorney,
presented a verbal report on the status of the City Action Team (CAT).
He advised that the CAT was appointed in 1995 and the group has
continued to meet in an effort to resolve problems that arise within the
City. He stated that the most recent area of the City that was targeted
by the City Action Team is the Belmont neighborhood and in the near
future they will focus their attention on another area of the City. He
recognized members of the City Action Team and commended the
group for the work they do on behalf of the City of Roanoke.
Mr. Caldwell presented a summary of the Cost Collection Unit of
the Commonwealth Attorney's Office, and explained that in 1993-94
Council approved a plan under which the Commonwealth Attorney's
Office could establish an in-house collection program. He advised that
cost collection for the 1997-98 fiscal year was over $80,000.00 in local
revenue generated from fines and offenses committed under the City
Code. He called attention to an additional $22,000.00 to add to the
$80,000.00 which represents the City's share of State funds; therefore,
the Cost Collection Unit has not only increased efficiency of collection,
but improved the City's ability to collect fines and the Unit is generating
a significant amount of money to the locality which it would not receive
under private collection or the State Tax Department.
Following questions, and without objection by Council, the Mayor
advised that the reports would be received and filed.
EASEMENTS-COMPLAINTS-CITY PROPERTY: Mr. James A.
Croan, 914 Old Country Club Road, N. W., expressed concern with
regard to the lack of a public easement to property perceived to be
public right-of-way located on Old Country Club Road, commencing at
Melrose Avenue and extending to property of the Roanoke Country
Club. He advised that his concerns have been brought to the City's
attention on numerous occasions over the past several years, although
nothing has been done to correct the situation. He explained that he
purchased his home with the knowledge that a portion of the property
could possibly be a public right-of-way, but to inherit another 27 inches
of public right-of-way is unfair to him as a property owner. He
requested that the City purchase the property which serves as a public
right-of-way, although he pays taxes to the City on a piece of property
that realistically should belong to the City of Roanoke.
373
The City Manager explained that much of Mr. Croan's concerns
deal with the City having annexed a portion of Roanoke County and
certain boundary line disputes. He stated that City staff has met on
numerous occasions with Mr. Croan, another meeting is scheduled in
November to try and reach a final position, with a report to Council in
January, 1999. He advised that he would like the opportunity for City
staff to continue to work with Mr. Croan in an effort to resolve his
concerns, if possible.
Without objection by Council, the Mayor requested that the
matter be referred to the City Manager for study and report to Council.
BUDGET-JEFFERSON CENTER: William B. Hopkins, Sr.,
representing the Jefferson Center Foundation, Ltd., advised that to
complete restoration of the Jefferson Center, the Jefferson Center
Foundation Ltd., proposes to renovate the Performance Hall which will
include renovation of the 1000 seat auditorium, including dressing
rooms and other additional areas. He stated that four years ago, the
original estimate was $5 million; the Jefferson Center Foundation
originally approached the City of Roanoke requesting $3 million and
promised to raise $2 million in private funds; the City's 1998 - 2000
Capital Improvements Program included $2 million instead of $3 million
and the Jefferson Center Foundation agreed to raise $3 million. He
explained that Hayes, Seay, Mattern and Mattern prepared a preliminary
estimate of $7.3 million for the project; after specifically costing out the
project and eliminating certain options, total cost is now $7 million.
Since construction cannot begin until funding is identified, he
requested that the City commit $200,000.00 per year for the next five
years which will add another $1 million to the project. He advised that
it would be a tragedy to abandon the project at this point, especially
with the number of committed donors and the voters having approved
the bond issue, however, it is not possible to proceed without more
assistance from the City of Roanoke.
Warner N. Dalhouse, also representing The Jefferson Center
Foundation, Ltd., advised that the Jefferson Center project is a ten year
old partnership; when Hayes, Seay, Mattern & Mattern reported to the
Jefferson Center Board of Directors that the project is now estimated
to be $7 million, the Board felt the need to inform Council of its
dilemma. He explained that if funding is in place, bids could be
received in January 1999, with construction to begin in the second
quarter of 1999 if Council approves the latest funding request,
374
otherwise, the project will not move forward. He advised that the
Jefferson Center Foundation raised $2.5 million for the first phase of
renovation to match $2.5 million contributed by the City, and currently,
the Board of Directors has raised almost $4 million.
Mr. White moved that the request be referred to 1999-2000 budget
study. The motion was seconded by Mr. Swain.
Clarification was requested as to whether action by Council is
needed before fiscal year 1999-2000 budget study which will occur in
May 1999; whereupon, Mr. Dalhouse advised that Jefferson Center
representatives cannot approach the lending institutions for industrial
revenue bonds unless they can match a dollar for dollar intent to
support the project with the necessary funds. He explained that
Council's position on the request for funds could have a direct impact
on fund raising efforts because it is highly unlikely that citizens will
support a project that looks like it might not be completed.
Instead of referring the request to 1999.2000 budget study,
Ms. Wyatt spoke in support of referring the matter to the City Manager
and the Director of Finance to review and recommend funding
scenarios.
The City Manager reviewed the City's past funding support of the
Jefferson Center project. He explained that his initial recommendation
to representatives of the Jefferson Center Foundation was that the
request should go directly to 1999-2000 budget study in the April-May
time frame; however, budget study will actually begin at the Financial
Planning Session in February 1999 when City staff will present
revenues and expenditures and any unanticipated demands, etc. He
pointed out that presently, the Office of Management and Budget is
reviewing the City's $235 million capital improvement program and
collecting information from project managers on the status of the
various projects, funding, etc., which should be completed in mid
January. He asked that Council think conservatively at this point in the
fiscal year, that he understood the need to move as quickly as possible
on the request of the Jefferson Center, but given the fiscal situation
that all local governments are operating under, he urged that Council
exercise caution in addressing the request because there are a number
of previously submitted requests for funds. He stated that Council has
been conscientious in reviewing funding requests and ranking those
requests in priority order; whereupon, he urged that Council allow City
375
staff to present all outstanding requests for funds at the Financial
Planning Session in February before responding to the specific request
by the Jefferson Center Foundation, Ltd.
Mr. Swain requested that a conceptual drawing of the Jefferson
Center project be presented; whereupon, the Mayor suggested that
Council Members be provided with a separate briefing.
Mr. Trout offered an amendment to Mr. White's motion that the
City appropriate $200,000.00 per year for the next five years beginning
in 1999 for Jefferson Center Performance Hall renovations. The
amendment to the motion was seconded by Ms. Wyatt.
Mr. White advised that to make a commitment for $200,000.00 for
the next five years, totaling $1 million, is not good fiscal management
at this time and reiterated his motion that the request be referred to
1999-2000 budget study. He advised that he is not against the project,
but he could not support the amendment to the motion.
Mr. Harris advised that he would like to have the opportunity to
discuss the matter with the City Manager and the Director of Finance
prior to making a decision; therefore, he offered a subsidiary motion to
table the amendment to the motion until the next regular meeting of
Council on Monday, November 16, 1998, at 2:00 p.m. The motion was
seconded by Mr. Hudson and unanimously adopted.
Mr. Trout moved that the main motion to refer the request of the
Jefferson Center Foundation, Ltd., to fiscal year 1999-2000 budget
study be tabled until the next regular meeting of Council on Monday,
November 16, 1998, at 2:00 p.m. The motion was seconded by
Mr. Hudson and adopted, Council Member White voted no.
Mr. White requested that the record reflect that unless the
request of the Jefferson Center Foundation, Ltd., is referred to 1999-
2000 budget study, he will be unable to support the request for funds.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
376
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-GRANTS: The 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 order to
receive Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) entitlements; the Annual Update
describes the individual programs and projects to be conducted with
funds awarded to the City; and Council authorized the City Manager to
amend the Annual Update to the HUD Consolidated Plan for fiscal year
1997-98, by Resolution No. 33604-100697, adopted on October 6, 1997,
designating the Roanoke Neighborhood Development Corporation
(RNDC) as recipient of CDBG funds and funds formerly held by the
Mayor's Henry Street Revival Committee for infrastructure
improvements for Henry Street and execution of an Agreement with
RNDC.
It was further advised that Amendment No. 1 to the Agreement
provided an additional $5,000.00 in CDBG funds to cover costs for
additional technical assistance and extended the time of performance
from November, 1997 through October 31, 1999; Amendment No. 2 to
the Agreement provided $20,000.00 additional CDBG funding to RNDC;
the funds were authorized as part of the 1998-99 Annual Update to the
Consolidated Plan approved for submission to HUD on May 11, 1998,
by Resolution No. 33830-051198 for the purpose of an in-depth parking
study to determine parking requirements for existing facilities in the
area surrounding Henry Street; and the existing CDBG agreement with
RNDC provides funding through October 31, 1998, for RNDC to receive
technical assistance from the F. A. Johnson Consulting Group to
increase its capacity to carry out eligible neighborhood revitalization
activities and to conduct program evaluation and implementation
analysis for future community development activities.
It was explained that an amendment to the existing agreement is
needed to add an additional $146,400.00 in CDBG funds; the additional
funds are necessary in order for RNDC to continue to receive technical
assistance from the F. A. Johnson Consulting Group and to continue
with its progress and momentum regarding neighborhood revitalization
activities through June 30, 1999; and activities will include, but are not
377
limited to: securing conditional financial commitment and/or initiating
construction, continuing assessment of housing conditions to include
market rate housing, continuing RNDC Board training and capacity
building relating to development and program implementation, and
continuing public involvement and neighborhood meetings regarding
RNDC activities.
The City Manager recommended that he be authorized to amend
the Consolidated Plan Annual Update to reflect the additional funds to
be included in the project, including submission of appropriate
documents to HUD following the public review and comments period,
provided no compelling adverse public comments are received;
execution of Amendment No. 3 to the 1997-98 CDBG Subgrantee
Agreement with RNDC, said amendment to be approved as to form by
the City Attorney; and transfer $146,400.00 in unprogrammed funds, as
follows:
$37,629.00 from CDBG Unprogrammed Funds, Account
No. 035-094-9440-5189, to Henry Street Improvements,
Account No. 035-094-9437-5151;
$34,001.00 from CDBG Unprogrammed Funds, Account
No. 035-095-9540-5189, to Henry Street Improvements,
Account No. 035-095-9537-5151;
$13,268.00 from CDBG Unprogrammed Funds, Account
No. 035-097-9740-5189, to Henry Street Improvements,
Account No. 035-097-9737-5151; and
$61,502.00 from CDBG Contingency Funds, Account No.
035-099-9940-5300, to Henry Street Improvements,
Account No. 035-099-9937-5151.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34063-110298) 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 242.)
378
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34063-110298.
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, O.
Mr. Trout offered the following resolution:
(~34064-110298) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1998-99, and to execute documents in connection with said
amendment; and authorizing execution of Amendment No. 3 to the
Agreement with the Roanoke Neighborhood Development Corporation.
(For full text of Resolution, see Resolution Book No. 61, page 244.)
Mr. Trout moved the adoption of Resolution No. 34064-110298.
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.
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that each year, the City submits a
Consolidated Plan Annual Update to the U. S. Department of Housing
and Urban Development (HUD) in order to receive Community
Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) entitlements; the Annual Update describes the individual
programs and projects to be conducted with funds awarded to the City;
of each year's HOME grant, 15% must be reserved for projects
conducted by certified Community Housing Development Organizations
(CHDOs); and Blue Ridge Housing Development Corporation (BRHDC)
is certified as a CHDO by the Commonwealth of Virginia according to
HUD guidelines and began conducting CHDO projects in the City in
1996.
379
It was further advised that as part of the City's 1998-99 budgeting
process, Blue Ridge Housing Development Corporation requested
funds to newly construct, rehabilitate or make critical repairs to
housing as part of its "Loudon-Melrose Community Rebuilding
Initiative" and "Single-Room-Occupancy Facility Repair" (SRO Repair)
projects; Council authorized $115,000.00 in CDBG and HOME funds for
BRHDC as part of the Annual Update approved for submission to HUD
on May 11, 1998, by Resolution No. 33830-051198; and a substantial
amendment is needed to the Annual Update as a result of the recent
partnering of BRHDC and Habitat for Humanity in the Roanoke Valley,
Inc., to increase the number of houses to be constructed or
rehabilitated under the Loudon-Melrose Community Rebuilding
Initiative and in other quadrants of the City.
The City Manager recommended that he be authorized to amend
the 1998-99 Annual Update to reflect the partnering of Blue Ridge
Housing Development Corporation and Habitat for Humanity and
increased funding for the Loudon-Melrose Community Rebuilding
Initiative project, including submission of appropriate documents to
HUD following the public review and comment period, provided that no
compelling adverse public comments are received; execution of a
CDBG- and Home-funded Subgrant Agreement with BRHDC and
amendments thereto, approved as to form by the City Attorney; and
transfer $60,000.00 in unprogrammed CDBG funds, as follows:
$1,951.00 from CDBG Unprogrammed Funds, Account No.
035-094-9440-5189, to BRHDC Loudon-Melrose, Account
No. 035-094-9420-5071; and
$58,049.00 from CDBG Contingency Funds, Account No.
035-098-9840-5300, to BRHDC Loudon-Melrose, Account
No. 035-098-9820-5071.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34065-110298) 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 245.)
380
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34065-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Harris, Hudson and
Mayor Bowers ......................................................................... 6.
NAYS: None .0.
(Council Member White abstained from voting.)
Mr. Trout offered the following resolution:
(#34066-110298) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1998-99, and to execute documents in connection with said
amendment; and authorizing execution of a Subgrant Agreement with
the Blue Ridge Housing Development Corporation (BRHDC).
(For full text of Resolution, see Resolution Book No. 61, page 246.)
Mr. Trout moved the adoption of Resolution No. 34066-110298.
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.
(Council Member White abstained from voting.)
Mr. Swain inquired as to what measures can be taken to increase
the number of affordable houses constructed in the City of Roanoke,
and the Mayor requested information on measures to encourage
construction of higher priced houses in the City.
Without objection by Council, the Mayor advised that the
inquiries would be referred to the City Manager for report to Council.
381
TRAFFIC-BUDGET: The City Manager submitted a written report
advising that parking meters, which date back at least to 1938, are used
to regulate timed parking spaces and are easily enforced by police
officers; a total of 140 metered parking spaces remain in use (119 in
downtown and 21 in the Grandin Court area); and Council's passage of
Section 20-77 of the Code of the City of Roanoke (1979) as amended,
approved and ratified parking meter zones in the City, therefore, any
action to eliminate parking meters requires Council's approval.
It was explained that at the August 17, 1998 Council meeting,
Council Member Hudson requested that the City Manager review the
feasibility of removing parking meters from City streets and referred
specifically to parking meters in downtown Roanoke and in the Grandin
Road area; and revenues of $38,000.00 are budgeted to be generated
by these parking meters in fiscal year 1998-99.
The City Manager recommended that Council approve removal
of all remaining parking meters, effective May 1, 1999; authorize
transfer of $25,000.00 from Capital Improvement Reserve-Streets and
Bridges (008-052-9575-9181) to Traffic Signals-General (008-052-9560-
9003); and refer the matter to the City Attorney for preparation of the
proper measures to formalize the above action.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34067-110298) 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 248.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34067-110298.
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.
382
BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager
submitted a written report advising that a Fire Program Fund was
established by the General Assembly, effective October 4, 1985,
pursuant to Section 38.1-44.1 of the Code of Virginia; revenue to
support the program is derived from a surcharge on all fire insurance
premiums collected throughout the Commonwealth of Virginia; and
funds provided by the program may be used for fire service training,
regional fire service training facilities, firefighting equipment/apparatus
and personal protective clothing.
It was advised that Roanoke City's allocation of $126,709.00 was
electronically transferred to the City Treasurer on September 28, 1998,
and deposited in Account No. 035-050-3229-3229; and Council action
is needed to formally accept and appropriate funds, and to authorize
the Director of Finance to establish revenue estimates and
appropriation accounts in the Grants Program Fund to purchase the
following equipment and supplies in accordance with provisions of the
program:
Fire suppression equipment- $12,250.00. *Purchase of fire
hose, nozzles, and appliances; also, purchase Incident
Command related materials and rescue tools for vehicle
extrication.
Training and development $21,000.00. Purchase
firefighting gear, training videos and manuals and to
provide training, education and development of personnel.
Regional fire training academy - $60,000.00. Support the
construction of 15,400 square foot regional fire training
center with classrooms and auditorium.
Recruitment and development - $7,500.00. Purchase
public education material for grade school children, e. g.,
coloring books, classroom materials, films, etc; purchase
materials related to a campaign for the recruitment of
women and minorities.
Personal protective clothing - $25,959.00. Purchase fire
boots, coats, pants, and helmets for fire suppression
purposes.
383
ACTION:
The City Manager recommended that Council authorize
acceptance of the grant award; and appropriate $126,709.00 with
corresponding revenue estimates in accounts to be established by the
Director of Finance in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34068-110298) 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 249.)
Mr. Trout moved the adoption of Ordinance No. 34068-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
Mr. Trout offered the following resolution:
(#34069-110298) A RESOLUTION accepting a certain Fire
Program Fund Grant from the Commonwealth of Virginia's Department
of Fire Programs and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 61, page 250.)
Mr. Trout moved the adoption of Resolution No. 34069-110298.
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.
384
BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL
SERVICES: The City Manager submitted a written report advising that
Roanoke City, Roanoke County, Salem and Vinton have developed a
proposal to build a Regional Fire-EMS Training Center; Roanoke
County has a dedicated fire training center located at Kessler Mill Road
consisting of six acres with a burn building, fire truck drafting pit,
railroad simular and a mobile classroom; Roanoke County has agreed
to develop the Kessler Mill facility into a regional training center and
Roanoke County has an estimated investment of $897,000.00 in the
Kessler Mill Road training center, however, the fire training center lacks
adequate classroom, auditorium, office and audio/visual training
support space and equipment.
It was further advised that none of the jurisdictions can afford to
separately finance and build a comprehensive training center to meet
all respective fire-ems training requirements; a training assessment
established the need to build a regional training center with classroom,
auditorium and support offices with approximately 15,000 square feet
of space at an estimated cost of $1.9 million; and the four partner
jurisdictions have agreed to a funding formula based on Virginia
Department of Fire Programs funds allocated to each jurisdiction and
anticipated use of the facility.
The City Manager recommended that he be authorized to enter
into an agreement to authorize the use of Department of Fire Programs
funds to finance and build a regional fire-ems training center on
Roanoke County's Kessler Mill Road site; terms of the agreement will
be approved by the Office of the City Attorney; that Council appropriate
funding of $837,845.00 in an account to be established by the Director
of Finance in the Capital Projects Fund entitled, "Regional Fire-EMS
Training Center; to finance the project, funding of $727,845.00 will be
appropriated from the Fund Balance in the Debt Service Fund and
transferred to the Capital Projects Fund; and the $50,000.00 currently
available in the grant fund from the fiscal year 1998 Fire Programs and
$60,000.00 of anticipated grant monies from the fiscal year 1999 Fire
Programs will also be transferred to the Capital Projects Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
385
ACTION:
ACTION:
(#34070-110298) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects and Debt Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 250.)
Mr. Trout moved the adoption of Ordinance No. 34070-110298.
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.
Mr. Trout offered the following emergency ordinance:
(#34071-110298) AN ORDINANCE authorizing an agreement with
the County of Roanoke, the City of Salem, and the Town of Vinton, to
provide for construction of a regional fire-EMS training facility on
property owned by the County, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 252.)
Mr. Trout moved the adoption of Ordinance No. 34071-110298.
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.
BONDS/BOND ISSUES-BUDGET-PARKS AND RECREATION: The
City Manager submitted a written report advising that the City has long
desired a "gateway" to the downtown area on Franklin Road; the
project was approved as part of the 1997 bond referendum; funds in the
amount of $150,000.00 were identified to develop the proposed park;
and funds need to be appropriated to pay for preliminary engineering
studies, title reports, appraisals, document preparation, surveys and
testing which are necessary to identify a suitable site for the proposed
project.
386
The City Manager recommended that*' Council appropriate
$15,000.00 from the sale of Series 2000 Bonds, Account No. 008-052-
9709-9180 - Parks, to an account to be established by the Director of
Finance in the Capital Projects Fund entitled, "Franklin Square Park",
to provide funds for preliminary engineering studies, title reports,
appraisals, document preparation, surveys and testing; and that
Council adopt a resolution indicating its intent to reimburse itself
$15,000.00 from sale of Series 2000 bonds for preliminary costs relating
to the Franklin Square Park, the maximum amount of debt anticipated
to be issued related to Franklin Square Park is $150,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34072-110298) 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 253.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34072-110298.
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.
Mr. Trout offered the following resolution:
(#34073-110298) 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 preliminary engineering studies, title reports, appraisals,
document preparation, surveys, and testing in connection with the
Franklin Square Park Project; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 254.)
387
ACTION:
Mr. Trout moved the adoption of Resolution No. 34073-110298.
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 CIVIC CENTER-UTILITY LINE SERVICES-WATER
RESOURCES-EQUIPMENT: The City Manager submitted a written report
advising that vehicular equipment has been identified in Utility Line
Services, Water Department and at the Civic Center as necessary for
continued operation of the departments; specifications were developed
along with a Request for Bids; and bids were received and publicly
opened and read in the Office of Manager of Supply Management.
The City Manager recommended that Council authorize the
purchase of vehicular equipment, as follows:
2 - new 3/4 ton pick-up trucks from Magic City Motor
Corporation, for a total cost of $45,050.00.
1 - new 1/= ton pick-up truck from Magic City Motor
Corporation, for a total cost of $23,045.00.
1 - new 1 ton truck cab/chassis from Pinkerton Chevrolet,
Inc., for a total cost of $16,749.51.
1 - new utility body to be mounted on above 1 ton
cab/chassis from General Truck Body Co., for a total cost
of $2,995.00.
1 - new 1/= ton pick-up truck from Berglund-Ford, Inc., for
a total cost of $20,497.45.
I - new 3/4 ton pick-up truck from Berglund-Ford, Inc., for
a total cost of $20,323.65.
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
388
ACTION:
ACTION:
Mr. Hudson offered the following resolution:
(#34074-110298) 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 255.)
Mr. Hudson moved the adoption of Resolution No. 34074-110298.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Hudson ..................................................................................... 6.
NAYS: None ................................................................... 0.
(Mayor Bowers abstained from voting.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report
requesting that Council schedule a public hearing for Monday,
November 16, 1998, at 7:00 p.m., to consider the conveyance of real
estate commonly known as 118 Campbell Avenue, S. W., which will be
proposed to be sold for economic development purposes.
(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
Manager. The motion was seconded by Mr. Harris and unanimously
adopted.
At 4:05 p.m., Mayor Bowers and Council Member White left the
meeting, and the Vice-Mayor presided over the remainder of the
Council session.
DIRECTOR OF FINANCE:
BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance
submitted a written report advising that on Monday, October 19, 1998,
Council adopted Ordinance No. 34055, on first reading, to increase the
multiplier for members of the Employee's Supplemental Retirement
389
System (ESRS) from 2.0% to 2.1% of average final compensation for
each year of creditable service, with a maximum of 63%; and Section
22.1-2 of the Code of the City of Roanoke (1979), as amended,
Definitions, "Creditable Service", should also reflect the increase in the
maximum of average final compensation from 60% to 63%, effective
January 1, 1999.
It was further advised that another housekeeping amendment
involves lump sum distributions; the Taxpayer Relief Act of 1997
authorized an increase in the amount of a lump sum distribution from
$3,500.00 to $5,000.00 which will be automatically paid to the recipient;
whereupon, the Director of Finance recommended that the City Pension
Plan's automatic lump sum distributions be tied to the amount
periodically approved by Federal regulations.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34075) AN ORDINANCE amending and reordaining the
definition of "creditable service", as set out in §22.1-2, Definitions, and
amending and reordaining subsection (a) of §22.1-52, Lump sums,
Code of the City of Roanoke (1979), as amended, to provide for a
maximum retirement allowance of sixty-three (63) percent and to
conform the lump sum distribution rule to the provisions of the Internal
Revenue Code of 1986, as amended; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 61, page 259.)
The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Trout, Wyatt, Hudson and Vice-Mayor
Harris ......................................................................................... -4.
NAYS: Council Member Swain .............................................. 1.
(Mayor Bowers and Council Member White were absent.)
3 9 0
ACTION:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of September, 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.
REPORTS OF COMMITTEES:
BUDGET-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 the Railside Linear Walk, Phase II; whereupon, he recommended
that Council approve the following actions:
Authorize the City Manager to execute a unit price
contract, in a form to be approved by the City Attorney, to
H. & S. Construction Company, in the amount of
$574,960.90, with 180 calendar days for complete
construction of Phase II (also known as Phase lB) of the
Railside Linear Walk, and with a project contingency of
$57,000.00; and
Appropriate $631,961.00 to an account to be established
by the Director of Finance for Railside Linear Walk Phase
II (also known as Phase lB).
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:
(#34076-110298) 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 256.)
391
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34076-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent.)
Mr. Swain offered the following emergency ordinance:
(#34077-110298) AN ORDINANCE accepting the bid of H. & S.
Construction Company for construction of Phase II (also known as
Phase lB) - Railside Linear Walk, 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 257.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34077-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent.)
LEGISLATION: On behalf of Council Member William White, Sr.,
Chairperson, Legislative Committee, Ms. Wyatt presented a written
report transmitting the City's proposed 1999 Legislative Program.
It was advised that on October 26, 1998, City Council's
Legislative Committee met to review the proposed 1999 Legislative
Program; after careful review, the Committee recommended the City
portion of the Program and commends the Program to Council for
favorable action; the School Board portion of the Program will be
392
considered by the Roanoke City School Board for the first time at its
meeting on November 10, 1998; and after approval by the full School
Board, that portion of the Program will be forwarded to Council at its
meeting on November 16, 1998.
It was further advised that the City's 1999 Legislative Program
highlights the work of the Commission on the Condition and Future of
Virginia's Cities which was created by the 1998 Session of the General
Assembly; the Commission is charged with the responsibility of
reviewing the condition of Virginia's cities and recommending
legislation that will improve the financial position of cities, improve the
quality of life in cities and enable cities to better respond to meet urban
needs; the Legislative Program responds to the Commission's request
for specific legislative proposals that will improve the lot of Virginia's
cities; the Program specifically notes that the General Assembly has
under funded its HB 599 funding obligation by $610 million since 1980
because appropriations to local governments have not been adjusted
to keep pace with increases in State general fund revenues as required
by State Code; in fiscal year 1999 alone, the City was shortchanged
$2.3 million; the Program also suggests that urban conditions would be
improved by stronger funding of the Regional Competitiveness Act
which was created to provide incentives for regional cooperation; and
under a new section entitled "Proposals to Combat Urban Blight"
(pages 13 - 15), the 1999 Legislative Program sets out five specific
proposals that will improve the quality of life in urban areas at no cost
to the Commonwealth of Virginia.
(For full text, see report and proposed 1999 Legislative Program on file
in the City Clerk's Office.)
Mr. Swain moved that Council concur in the report of the
Legislative Committee. The motion was seconded by Mr. Hudson and
unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
393
CITY EMPLOYEES-PENSIONS: Ordinance No. 34055, amending
and reordaining subsection (c) of Section 22.1-44, Ncrmal service
retirement, and subsection (b) of Section 22.1-45, Early service
retirement allowance, and Section 22.1-46, Vested allowance, by the
addition of a new subsection (c), Code of the City of Roanoke (1979), as
amended; the amended and added subsections providing for utilization
of a multiplier of two and one-tenth (2.1) per cent for each year of
creditable service, subject to a maximum of sixty-three (63) per cent of
average final compensation and establishing special rules for
determination of the multiplier for persons eligible for early service
retirement allowance; effective January 1, 1999, having previously been
before the Council for its first reading on Monday, October 19, 1998,
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:
(#34055-110298) AN ORDINANCE amending and reordaining
subsection (c) of §22.1-44, Normal service retirement, and subsection
(b) of §22.1-45, Early service retirement allowance, and §22.1-46, Vested
allowance, by the addition of a new subsection (c), Code of the City of
Roanoke (1979), as amended; the amended and added subsections
providing for utilization of a multiplier of two and one-tenth (2.1)
percent for each year of creditable service subject to a maximum of
sixty-three (63) percent of average final compensation and establishing
special rules for determination of the multiplier for persons eligible for
early service retirement allowance; and providing for an effective date
of January 1, 1999.
(For full text of Ordinance, see Ordinance Book No. 61, page 228.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34055-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, Wyatt, Hudson and Vice-Mayor
Harris ........................................................................................ -4.
NAYS: Council Member Swain .............................................. 1.
(Mayor Bowers and Council Member White were absent.)
394
Angela Norman, a City employee, 1731 Michael Avenue, N. W.,
requested that Council treat all City employees equally and approve a
five per cent increase for the 206 employees currently enrolled in the
Employees' Retirement System whose current pension multiplier is
1.43 per cent.
It was the consensus of Council that the request would be
referred to the Director of Finance for report.
CITY EMPLOYEES-PENSIONS: Ordinance No. 34056, amending
and reordaining Section 22.1-3, Membershi_o _~enerally, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, by the addition of a new subsection (c3) providing for a new
window of opportunity during which members of the Employees'
Retirement System may transfer to the Employees' Supplemental
Retirement System, having previously been before the Council for its
first reading on Monday, October 19, 1998, 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:
(#34056-110298) AN ORDINANCE amending and reordaining
§22.1-3, Memberehi_o generally, of Chapter 22.1, Pensions and
Retirement, Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (c3) providing for a new window of
opportunity during which members of the Employees' Retirement
System may transfer to the Employees' Supplemental Retirement
System.
(For full text of Ordinance, see Ordinance Book No. 61, page 230.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34056-110298.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ................................................................. 0.
(Mayor Bowers and Council Member White were absent.)
395
ACTION:
ZONING: Ordinance No. 34057, rezoning a tract of land located
on the east side of Kimball Avenue, N. E., bearing Official Tax No.
3010101, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District, pursuant to a Petition filed in the City Clerk's
Office on August 6, 1998, having previously been before the Council for
its first reading on Monday, October 19, 1998, 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:
(#34057-110298) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 301, 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 231.)
Mr. Trout moved the adoption of Ordinance No. 34057-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent.)
STREETS AND ALLEYS: Ordinance No. 34058, permanently
vacating, discontinuing and closing a portion of McDowell Avenue,
N. E., as the same lies and extends from Kimball Avenue between
Official Tax Nos. 3030101 and 3030201, to a dead end at the Norfolk and
Western Railway right-of-way, having previously been before the
Council for its first reading on Monday, October 19, 1998, 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:
(#34058-110298) 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 232.)
396
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34058-110298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None .............
(Mayor Bowers and Council Member White were absent.)
STREETS AND ALLEYS: Ordinance No. 34059, permanently
vacating, discontinuing and closing an undeveloped alley running
parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue,
N. E., Official Tax Nos. 3341031 and 3341032, respectively, having
previously been before the Council for its first reading on Monday,
October 19, 1998, 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:
(#34059-110298) 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 235.)
Mr. Trout moved the adoption of Ordinance No. 34059-110298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ................................................................ O.
(Mayor Bowers and Council Member White were absent.)
STREETS AND ALLEYS: Ordinance No. 34060, permanently
vacating, discontinuing and closing a portion of Ferndale Drive, N. W.,
bounded on the west by property of the City of Roanoke, identified as
Official Tax No. 6460103, and on the north and east by Official Tax Nos.
6460101 and 6460106, having previously been before the Council for its
397
ACTION:
first reading on Monday, October 19, 1998, 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:
(#34060-110298) 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 237.)
Mr. Trout moved the adoption of Ordinance No. 34060-110298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent.)
ZONING: Ordinance No. 34061, rezoning two tracts of land at or
near the northern terminus of Ferndale Drive, N. W., and abutting the
western boundary of Interstate Route 581, designated as Official Tax
Nos. 6460101 and 6460106, from C-2, General Commercial District, to
LM, Light Manufacturing District, as requested in an Amended Petition
to Rezone filed in the City Clerk's Office on October 7, 1998, and all
other proffers previously placed on the subject property, including
those placed on the property by Ordinance No. 26999, adopted May 21,
1984, and Ordinance No. 28612, adopted on April 27, 1987, shall be
removed from the subject property upon the effective date of the
rezoning of this property, having previously been before the Council for
its first reading on Monday, October 19, 1998, 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:
(#34061-110298) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 646, 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 240.)
3 9 8
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34061-110298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris .............................................................................. 5.
NAYS: None ...................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
EASEMENTS-COMMUNICATIONS DEPARTMENT-BELL
ATLANTIC -VIRGINIA, INC.: Ordinance No. 34062, authorizing the
donation and conveyance of an easement across City-owned property
identified as Official Tax No. 1370201, located in Fishburn Park to Bell
Atlantic - Virginia, Inc., for the purpose of relocating its underground
conduit in connection with the Brambleton Avenue Bridge Project,
upon certain terms and conditions, as more particularly set forth in a
report of the Water Resources Committee under date of October 7,
1998, having previously been before the Council for its first reading on
Monday, October 19, 1998, 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:
(#34062-110298) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 1370201 located in Fishburn Park to Bell Atlantic -
Virginia, Inc., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 61, page 242.)
Mr. Trout moved the adoption of Ordinance No. 34062-110298.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ 0.
(Mayor Bowers and Council Member White were absent.)
399
ACTION:
COMMITTEES-INDUSTRIES: Mr. Trout offered the following
resolution reappointing Dennis R. Cronk as a Director of the Industrial
Development Authority of the City of Roanoke, Virginia, for a term of
four years commencing October 21, 1998, and ending October 20, 2002:
(#34078-110298) A RESOLUTION reappointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four (4)
year term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 61, page 258.)
Mr. Trout moved the adoption of Resolution No. 34078-110298.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ........................................................................ O.
(Mayor BoWers and Council Member White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COMPLAINTS: Council Member Swain requested a briefing on
the City's new computer program for monitoring citizen complaints
(Respond).
REFUSE COLLECTION: Council Member Swain expressed
concern with regard to littering of property around fast food restaurants
and inquired as to the feasibility of the City forming a partnership with
business owners to address the problem.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Council
Member Wyatt commended a program sponsored by the Roanoke
Valley Legal Secretaries Association in which teddy bears are collected
and provided to police officers to be given to children in stressful
situations.
40O
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE-REFUSE
COLLECTION-HOUSING/AUTHORITY: Mr. Robert Gravely, 1412
Moorman Road, N. W., addressed Council with regard to crime, sale of
drugs, housing, and littering of property in the City of Roanoke.
At 4:50 p.m., the Vice-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 and Council Member
White.
COUNCIL: With respect to the Executive Session 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 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 Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ..................................................................... O.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER:
The Vice-Mayor advised that there is a vacancy on the Roanoke Civic
Center Commission created by the resignation of J. W. Stephens, and
called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Robert C. Poole.
There being no further nominations, Mr. Poole was appointed as
a member of the Roanoke Civic Center Commission, for a term ending
September 30, 2001, by the following vote:
401
ACTION:
FOR MR. POOLE: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice-
Mayor advised that there is a vacancy on the Special Events Committee
created by the resignation of Greg Feldmann, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Jeff Updike.
There being no further nominations, Mr. Updike was appointed
as a member of the Special Events Committee, for a term ending
June 30, 1999, by the following vote:
ACTION:
FOR MR. UPDIKE: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member White were absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 5:30 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
4O2
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
November 16, 1998
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 16, 1998, 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, Re_~ular
Meetine_s. 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, C. Nelson Harris, Carroll E. Swain and Mayor David A. Bowers ................. 6.
ABSENT: Council Member W. Alvin Hudson, Jr.- ...................................... 1.
OFFICERS 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; and Mary F. Parker, City Clerk.
ROANOKE FOUNDATION FOR DOWNTOWN, INC.-NORFOLK SOUTHERN
CORPORATION-DOWNTOWN ROANOKE, INCORPORATED-HIGHER EDUCATION
CENTER: Edwin C. Hall, President, Roanoke Foundation for Downtown, Inc.,
presented a briefing on the status of properties donated to the Foundation for
Downtown Roanoke, Inc., and measures to be taken by the Foundation to implement
the OUTLOOK Roanoke Plan for reuse of the properties formerly owned by the
Norfolk Southern Corporation. He advised that the Roanoke Foundation for
Downtown, Inc., is a 501 (C)(3) not-for-profit corporation formed in 1993 to partner
and assist in major projects of benefit to the downtown Roanoke area; and since its
inception, the Foundation has engaged in three major projects: (1) to establish a
mounted patrol unit within the Roanoke City Police Department, with the Foundation
providing the horses, the means of transportation, special equipment and training,
and necessary services for operation of the unit, which the Foundation underwrote
until July 1, 1998, when the City agreed to contribute the funds for these expenses,
and the Foundation is currently in the process of raising funds to build a first-class
stable on land owned by Roanoke City; and (2) to raise private sector funds to
support the OUTLOOK Roanoke planning project and to date, the Foundation has
raised approximately $50,000.00 in private funds which, when combined with funds
from the City and the Roanoke Redevelopment and Housing Authority, will provide
the necessary funds for the plan which was completed in 1997. Thirdly, he stated
4O3
that the most important recommendation in the OUTLOOK Roanoke Plan was the
creation of a new City Place - the rail district - and the revitalization of this area
began with the reopening of The Hotel Roanoke and the construction of the new
Conference Center. He advised that by building on the region's rail heritage, the rail
district will have a distinct new identity, and consolidation of ownership of vacant
rail property with the new rail district was recommended in the OUTLOOK Roanoke
Plan as a first step in bringing this important area back to life.
Mr. Hall stated that because of the need for the OUTLOOK Roanoke Plan to be
rapidly implemented, the plan for the rail district was presented to the Chairman of
Norfolk Southern who agreed to donate four key rail properties to the Roanoke
Foundation which include two former office buildings known as General Office
Building GOB North and South, the former N & W Passenger Station and the railroad
records building; donation of these buildings was finalized in December 1997, and
less than a year later much progress has been made to bring these historic buildings
back to life.
Mr. Hall advised that Downtown Roanoke, Inc., and the Roanoke Foundation
led the effort to form the Destination Education Committee which has secured
commitments from the General Assembly for $5.4 million in State funds and over $2
million in City funds to renovate the GOB North building for the Roanoke Higher
Education Center. He further advised that the Governor appointed the membership
of the Roanoke Higher Education Authority and the Roanoke Foundation is working
on transfer of the building to the Authority before the next session of the General
Assembly. He explained that the Higher Education Center will combine workforce
training and higher education courses, with plans to begin construction of the
facility in 1999, and a targeted opening date in the fall of 2000.
Mr. Hall stated that in May 1998, the Roanoke Foundation for Downtown, Inc.,
and the Roanoke Redevelopment and Housing Authority entered into an agreement
for the development of approximately 75 market rate apartments in the GOB South
building and the Housing Authority has recently completed a market feasibility study
for the project which shows a strong demand for upscale apartments with little
competition and because of the encouraging market study, the Housing Authority
will proceed with the construction feasibility phase of the project and anticipates
that the project will go forward in 1999.
Mr. Hall advised that much progress has been made toward reuse of the
former railroad passenger station and the Roanoke Valley Convention and Visitors
Bureau has expressed an interest in becoming the key tenant in the building to
create a gateway visitors center to the region, and this project took a major step
forward with passage of the T-21 Act by Congress which earmarked $500,000.00 for
404
renovations to the passenger station and once these funds are available for draw
down, the Roanoke Foundation will seek additional partners and move forward with
renovations to the building, and indications are that funds could be available as
early as 1999. He noted that at this time, there are no definite plans for reuse of the
records building; however, the Roanoke Foundation has discussed future uses of
the building with the Roanoke Valley Higher Education Authority, and the Roanoke
Neighborhood Development Corporation (RNDC), and RNDC is currently undertaking
a parking study for this area which may provide suggestions for future use of the
site due to its proximity to other projects currently underway.
At 12:40 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, November 16, 1998, 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; William X Parsons, Assistant 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.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: Pearl Fu,
Chairperson, Lijiang, China Sister City Committee, introduced Nie, Hui
Fang, an English teacher from Lijiang, who was visiting the City of
Roanoke to observe the Roanoke City School System.
The Mayor presented a Crystal Star and a Honorary Citizenship
Certificate to Ms. Nie.
405
PROCLAMATIONS: The Mayor presented a Proclamation
declaring the month of November 1998, as Adoption Awareness Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
PARKS AND RECREATION: The Mayor presented a plaque to
John W. Coates, Manager, Department of Parks and Recreation, from
the Virginia Recreation and Parks Society honoring the Roanoke City
Parks and Recreation Department for the 1998 Best New Program:
"Playing for Keeps - The Adult Role in Youth Sports".
A three minute training video was presented.
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.)
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:
406
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None .0.
ELECTIONS: A communication from Gilbert E. Butler, Jr.,
Secretary, Roanoke City Electoral Board, transmitting a certified copy
of the Abstract of Votes cast in the General and Special Election held
in the City of Roanoke on Tuesday, November 3, 1998, was before
Council.
"ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia,
at the November 3, 1998 General Election, for:
MEMBER
HOUSE OF REPRESENTATIVES
6th District
NAMES OF CANDIDATES AS ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Robert W. "Bob" Goodlatte 11,694
David A. Bowers 8,471
Total Write-In Votes (See Write-Ins Certification)9
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 3, 1998, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House
of Representatives in the Congress of the United States.
Given under our hands this 4th day of November, 1998.
A copy teste:
[ELECTORAL
BOARD
SEAL]
Charles T. Green, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
407
WRITE-INS CERTIFICATION
Roanoke City
House of Representatives
6th District
Write-Ins
General Special Election
November 3, 1998
Total Votes
Received
(in figures)
Invalid Write-Ins
Valid Write-Ins (List in alphabetical order)
Jeff Artis 1
Harry Browne 1
John Edwards 1
Beverly Fitzpatrick 1
Nelson Harris 1
W. Robert Herbert 1
Bob Marley 1
Jim Olin 1
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 3, 1998, do hereby certify that, with the continuation
pages indicated, the above is a true and correct certification of the
write-in votes cast at said election for the office indicated above.
Given under our hands this 4th day of November, 1998.
A copy teste:
[Electoral
Board
Seal]
Charles T. Green, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
408
ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia,
at the November 3, 1998 Special Election, for:
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall the Constitution of Virginia be amended to
permit persons employed overseas, and their families, who are
qualified to vote in Virginia except for having given up a home in
Virginia, to continue to vote in Virginia while overseas subject to
the conditions and time limits set by law?
Total Votes
Received
(in figures)
YES 13.905
NO 3,917
QUESTION 2: Shall the Constitution of Virginia be amended to
delete the present requirements that the proceedings of the
Judicial Inquiry and Review Commission concerning charges
against judges shall be confidential so that the General
Assembly can provide by law to what extent Commission
proceedings and documents will be confidential?
Total Votes
Received
(in figures)
YES 11.196
NO 6.063
QUESTION 3: Shall the Constitution of Virginia be amended to
authorize agreements among localities for sharing the revenues
and costs of a specified land area and establishing a special
governing body for the area, and to provide that fiscal
commitments related to the land area will not be deemed local
debt?
409
Total Votes
Received
(in figures)
YES 10,793
NO 6,267
QUESTION 4: Shall the Constitution of Virginia be amended to
allow a combination of localities to contract debt as part of an
agreement to share the revenues, tax base, or the benefits of
economic growth and exempt this class of debt from the ceiling
on local debt for cities and towns and from the requirement for
a local referendum for counties?
Total Votes
Received
(in figures)
YES 9,739
NO 7,134
QUESTION 5: Shall the Constitution of Virginia be amended to
authorize the General Assembly by general law to give local
governments the option of eliminating in whole or in part, either
the business, professional or occupational license tax or the
merchants' capital tax or both?
Total Votes
Received
(in figures)
YES 11,750
NO 5,306
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 3, 1998, do hereby certify that, the above is a true
and correct abstract of votes cast at said election for and against the
proposed amendments to the Constitution of Virginia.
410
ACTION:
ACTION:
Given under our hands this 4th day of November, 1998.
A copy teste:
[Electoral
Board
Seal]
Charles T. Green, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
Mr. White moved that the communication and Abstract of Votes
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,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None .................................................................. O.
ARCHITECTURAL REVIEW BOARD-TRANSPORTATION SAFETY-
OATHS OF OFFICE-COMMITTEES: The following report of qualification
was before Council:
Kevin A. Deck and Robert B. Manetta as members of the
Architectural Review Board for terms ending October 1,
2002; and
Robert K. Bengtson, Ramey A. Bower, Sr., John W. Brown,
Jr., David M. Prince and Carroll E. Swain as members of
the City of Roanoke Transportation Safety Commission for
terms ending October 31, 2002.
(See Oaths or Affirmations 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,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
411
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-BLUE RIDGE COMMUNITY SERVICES:
Robert Williams, Jr., Board Member, Blue Ridge Community Services,
presented the Annual Report for fiscal year 1998. He also presented an
update on certain legislative action taken by the 1998 Session of the
General Assembly; viz: all five localities represented by the Board of
Directors approved the designation of the Blue Ridge Community
Services Board as an operating board, the Board was required to
submit the 1999 performance contract to all localities for approval and
new legislation was adopted concerning the ratio of consumers and
family members appointed to Boards of Directors on Community
Service Boards, and those issues will be addressed locally as terms of
office of Board members expire. He advised that in fiscal year 1998,
Blue Ridge Community Services provided approximately 7600 units of
preventive services and over 203,000 units of treatment to clients who
are Roanoke City citizens. He explained that training services have
been expanded to offer training for independent living for persons with
mental retardation; certain City recreation centers have provided
needed facilities and training activities in cooking, cleaning, personal
care skills and money management, and initiated recreational programs
to increase community awareness for clients; a prevention planning
team was appointed working with existing coalitions to develop data for
planning and resource development; counselors were appointed to
serve as co-facilitators for student assisted program groups at Patrick
Henry High School; and staff participated as members of the agency
disaster team by responding to the fire at 501 Church Avenue, S.W. He
expressed appreciation for the funding assistance of the City of
Roanoke.
Without objection by Council, the Mayor advised that the remarks
of Mr. Williams would be received and filed.
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, advised that there has been much discussion
throughout the community over the past year about increased
Standards of Learning; whereupon, he presented basic information
about the program. He advised that the Standards of Learning outline
the basic knowledge and skills that students, kindergarten through
grade 12, must master in math, science, social studies and English. He
412
ACTION:
explained that in 1995, the Commonwealth of Virginia adopted higher
standards by revising the Standards of Learning in these four subject
areas which require students to be tested in grades three, five, eight
and eleven, and students must pass a test in six high school courses
to receive a regular diploma or pass a test in nine courses to receive an
advanced diploma. He further explained that the curriculum was
revised three years ago to insure that teachers are teaching all of the
curriculum that students will be tested on in the Standards of Learning
and new methods for teaching those materials were developed. He
called attention to increased graduating requirements; i.e.: for a
standard diploma for the class of 1998-99 students must successfully
complete 22 credits as opposed to 21 and for an advanced diploma
students must complete 24 credits. He advised that students must
pass a test in grades three, five, eight and eleven in four test areas,
they must pass a certain minimum out of the total to score proficient,
and each test has a different score; i.e.: for a third grader taking the
math test consisting of 40 questions, the student must answer correctly
35 in order to be proficient and 70 per cent of the students in that third
grade class must score at the proficient level in each of the four tests
in order for that school to continue to have full accreditation by the
year 2000. He explained that there are six to nine tests at the high
school level that students must take depending upon the type of
diploma they wish to receive and 70 per cent of the students must
score at the proficient level in all tests. He presented information on
the Standards of Learning which included a list of the most commonly
asked questions with answers and advised that staff will continue to
build the list with an update in January, 1999.
Without objection by Council, the Mayor advised that the remarks
of Dr. Harris would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board recommending approval of a State Literary Fund loan
application in the amount of $1.25 million for improvements to Hurt
Park Elementary School, including air conditioning, new windows,
addition of three classrooms, and expansion of the library-media
center, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
413
Mr. Trout offered the following resolution:
(#34079-111698) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Hurt Park Elementary School.
(For full text of Resolution, see Resolution Book No. 61, page 261.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34079-111698.
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.
Mr. Trout offered the following resolution:
(#34080-111698) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Hurt Park Elementary School and
declaring the City's intent to borrow to fund or reimburse such
expenditures.
(For full text of Resolution, see Resolution Book No. 61, page 262.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34080-111698.
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.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council. ...:
414
ACTION:
$96,606.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, district-wide facility maintenance, vehicle
replacement, facility improvements to Madison, Ruffner,
and Wilson, handicap access, and modular equipment.
$74,179.00 for increased cost of the media management
system at Lucy Addison Middle School. Funding will be
provided from the 1997 Capital Bond Issue.
$25,000.00 for building improvements to Huff Lane
MicroVillage School. Funding will be provided from the
sale of VPSA Bonds that will replace a Literary Fund loan.
$10,000.00 for the Learn & Serve Program to provide youth
with opportunities to enhance and reinforce skills through
service to the local community. This new program will be
funded with Federal grant funds.
The School Board further requested a transfer of $65,000.00 to
fund the cost of bus driver salaries resulting frOm special education
transportation now being performed by the School's Department of
Transportation which was previously provided by RADAR.
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:
(#34081-111698) 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 263.)
Mr. Trout moved the adoption of Ordinance No. 34081-111698.
The motion was seconded by Mr. Swain and adopted by the following
vote:
415
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-INDUSTRIES-VIRGINIA'S FIRST REGIONAL
INDUSTRIAL FACILITY AUTHORITY: The City Manager submitted a
written report advising that the Virginia Regional Industrial Facilities
Act, approved by the General Assembly in 1997, made the concept of
regional parks a reality under Virginia law allowing multiple local
jurisdictions in the New Century Region to enter into agreement and
form industrial authorities.
It was further advised that Virginia's First Regional Industrial
Facility Authority agreed to apply for an Industrial Site Development
Fund grant to support development of the New River Valley Commerce
Park; the General Assembly of the Commonwealth of Virginia has
provided $3 million in State financial assistance to distressed
communities to assist in development of regional industrial sites; the
New River Valley Commerce Park meets the criteria established by the
legislation; $1.375 million will be requested; the remaining balance of
$7,464,089.00 in projected construction cost will come from $500,000.00
from the Appalachian Regional Commission (ARC) (application
submitted), $4,139,089.00 from localities that choose to participate in
the New River Valley Commerce Park, $450,000.00 from the Virginia
Department of Transportation, and $1 million from the Economic
Development Administration of the U. S. Department of Commerce; the
City of Roanoke has not made a decision whether it will or will not
participate in the New River Commerce Park at this time; November 16,
1998 is the application deadline; and resolutions of support from all
participating localities must accompany the application.
416
ACTION:
The City Manager recommended that Council support the request
for funding from the Industrial Site Development Fund established by
the General Assembly of the Commonwealth of Virginia and that he be
authorized, along with other Chief Administrative Officers of other
participating jurisdictions, to sign the necessary grant application and
other documents authorizing the Authority to apply for funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34082-111698) A RESOLUTION endorsing Virginia's First
Regional Industrial Facility Authority's application for Virginia Industrial
Site Development funds.
(For full text of Resolution, see Resolution Book No. 61, page 265.)
Mr. Trout moved the adoption of Resolution No. 34082-111698.
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: None ................................................................... O.
BUDGET-JEFFERSON CENTER: The City Manager submitted a
written report advising that in 1993, the Jefferson Center Foundation,
Ltd. (JCF) renovated a major portion of Jefferson High School; in June
1995, Fitzpatrick Hall was renovated; to complete restoration of the
Jefferson Center, JCF will renovate the Jefferson Center Performance
Hall; improvements to the Performance Hall will include complete
renovation of the 1000 seat auditorium, including the addition of
dressing rooms and additional areas that are needed for operation of
a performance hall; in fiscal year 1996-97, the Jefferson Center
Foundation requested $2 million to be provided by the City based on a
preliminary cost estimate of $5 million dollars for the renovation
project; using a matching ratio of 40% City funding and 60% private
funding, the Jefferson Center Foundation agreed to raise $3 million in
private contributions; and as part of the 1998-2002 Capital Improvement
Plan, General Obligation Bond funding in the amount of $1.6 million
and $400,000.00 was dedicated by Council to the Jefferson Center
Foundation for the Jefferson Center Performance Hall.
417
ACTION:
It was further advised that the Jefferson Center Foundation, Ltd.
requests that the City provide $400,000.00 of the $2 million obligation
so that JCF can begin the project; $400,000.00 in interest earnings are
currently available in the capital projects fund; $1.6 million in bond
funds, the remaining balance of the City's commitment, will be available
no later than January 31, 2000; and an agreement which outlines the
terms and conditions of the City's participation is needed between the
City and the Jefferson Center Foundation in order for JCF to receive the
funds and begin the project.
The City Manager recommended that he be authorized to execute
an agreement, in a form to be approved by the City Attorney, with the
Jefferson Center Foundation for renovation of the Jefferson Center
Performance Hall; and that Council authorize appropriation of funds in
the amount of $400,000.00 from undesignated capital funds to an
account to be established in the Capital Projects 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:
(#34083-111698) 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 267.)
Mr. Trout moved the adoption of Ordinance No. 34083-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Trout offered the following emergency ordinance:
(#34084-111698) AN ORDINANCE authorizing a certain contract
to be entered into between the City of Roanoke and Jefferson Center
Foundation, Ltd., relating to the terms and conditions of City Council's
418
ACTION:
provision of certain funds to be utilized in renovation of a portion of the
City-owned former Jefferson High School Building, referred to as the
Jefferson Center Performance Hall; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 268.)
Mr. Trout moved the adoption of Ordinance No. 34084-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None. 0.
In addition to the previously authorized obligation of Council to
provide $2,000,000.00 to the Jefferson Center Foundation, Ltd., for
renovation of the Jefferson Center Performance Hall, Mr. Swain moved
that Council declare its commitment to provide the equivalent of
$800,000.00 valued effective March 1, 1999, for the purpose of
completing such project. The motion was seconded by Mr. Harris and
unanimously adopted.
BUDGET-FLOOD REDUCTION/CONTROL-WATER RESOURCES:
The City Manager submitted a written report advising that a Local
Cooperation Agreement (LCA) was executed with the U. S. Army Corps
of Engineers on June 25, 1990, for the Roanoke River Flood Reduction
Project; the project received approval to proceed by the Corps of
Engineers in May 1998, with a target construction start date in the year
2000; and $808,000.00 was included in the Transfers to Capital Projects
Fund as part of the approved General Fund budget for fiscal year 1999
in support of the project.
The City Manager recommended that Council transfer
$808,000.00 from General Fund Account No. 001-004-9310-9608 to the
Capital Projects Fund, and appropriate the same amount in Capital
Projects Fund Account No. 008-056-9620-9003, Roanoke River Flood
Reduction.
(For full text, see report on file in the City Clerk's Office.)
419
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34085-111698) 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 269.)
Mr. Trout moved the adoption of Ordinance No. 34085-111698.
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: None ........................................................................ 0.
Mr. Swain requested a briefing on actions taken by those
jurisdictions upstream of the Roanoke River to address flood
control/reduction; whereupon, the Mayor advised that as a result of
discussions at the Water Resources Committee meeting held earlier in
the day, Council will receive a briefing on the Roanoke River Sanitary
Sewer Project and related matters in the near future.
BUDGET-GRANTS-DISABLED PERSONS: The City Manager
submitted a written report advising that the Fifth Planning District
Disability Services Board (DSB) is responsible to local governments
and serves as a critical resource for needs assessment, information
sharing and service opportunities for citizens with disabilities, their
families and the community; funds from the State Rehabilitative
Services Incentive Fund (RSlF), a short-term, non-renewable, stimulus
fund designed to promote investment in meeting the needs of
individuals with physical and sensory disabilities, have been allocated
to the Fifth Planning District DSB for the third consecutive year by the
State Department of Rehabilitative Services; and Council authorized the
Director of Finance to serve as Fiscal Agent for the Fifth Planning
District Disabilities Services Board on September 25, 1995.
It was further advised that the Fifth Planning District Disability
Services Board solicited proposals for the use of additional 1998-99
RSlF funds; one proposal was received, reviewed and forwarded to the
Department of Rehabilitative Services for approval; and the Department
42O
ACTION:
of Rehabilitative Services and the Disability Services Council approved
funding for the project and has awarded the local DSB the following
funding:
Blue Ridge Independent Living Center (personal
assistance, prescriptions, home modifications,
Independent Living Coordinator, telephone, travel, office
supplies, rent) - $46,352.00
It was explained that Blue Ridge Independent Living Center will
provide local matching funds for the grant and no City funds will be
required for the match; and funds from the State Rehabilitative Services
Incentive Fund (RSlF), in the amount of $46,352.00, will be received by
the Director of Finance as Fiscal Agent.
The City Manager recommended that Council appropriate
$46,352.00 to Grant Fund Account No. 035-054-5197-2010, with a
corresponding revenue estimate to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34086-111698) 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 269.)
Mr. Swain moved the adoption of Ordinance No. 34086-111698.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-BUDGET-YOUTH: The City Manager
submitted a written report advising that the City's Office on Youth
submitted a grant proposal to the Department of Criminal Justice
421
Services under the grant program of Accountability-Based Supplement,
in the amount of $35,000.00; the purpose of the grant is to develop and
implement a formal counseling program based in the Noel C. Taylor
Learning Academy; the program will provide on-site counseling
services to high risk juveniles/students and their families; and the grant
does not require a local match. ',
The City Manager recommended that Council accept a grant
award, in the amount of $35,000.00, from the Department of Criminal
Justice Services; that he be authorized to sign and execute the grant
agreement or other necessary documents to obtain the funds from the
Department of Criminal Justice Services; and that $35,000.00 in State
grant funds be appropriated and a corresponding revenue estimate be
established in a grant fund account to be instituted by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34087-111698) A RESOLUTION authorizing the acceptance of
a grant from the Department of Criminal Justice Services to provide
funding for the Community-Family Counseling Center and System
Analysis Program with the City's Office on Youth; and authorizing the
execution of the necessary documents.
(For full text of Resolution, see Resolution Book No. 61, page 271.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34087-111698.
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 ........................................................................ O.
DIRECTOR OF FINANCE:
INSURANCE-BUDGET-RISK MANAGEMENT FUND: The Director
of Finance submitted a written report advising that Section 2-188.1,
Reserve for self-insured liabilities, Code of the City of Roanoke (1979),
422
as amended, stipulates that at the conclusion of each fiscal year,
$250,000.00, to the extent available from any undesignated general fund
balance at the end of such fiscal year, shall be reserved for self-insured
liabilities of the City; the maximum balance of the reserve is three per
cent of total General Fund appropriations for the concluded fiscal year;
and as such, on June 30, 1998, $250,000.00 was reserved in the General
Fund for self-insured liabilities.
It was further advised that on July 1, 1996, a new Risk
Management Internal Service Fund was established to account for
insurance coverage for the City of Roanoke; accordingly, all insurance
activities are now accounted for in the Risk Management Internal
Service Fund.
The Director of Finance transmitted a budget ordinance
appropriating the $250,000.01) reserved in the General Fund for self-
insured liabilities to be transferred to the Risk Management Fund where
the remaining self-insurance reserve exists; establishing a revenue
estimate in the Risk Management Fund for the transfer, and increasing
the Reserve for Self-Insured Liabilities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34088-111698) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General and Risk Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 272.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34088-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None .................................................................... 0.
423
ACTION:
BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL
SERVICES: The Director of Finance submitted a written report advising
that on November 2, 1998, Council authorized the City Manager to enter
into an agreement to construct a regional Fire/EMS Training Center on
Kessler Mill Road in Roanoke County; this venture requires total
financing on the City's part of $837,845.00; of that amount, $727,845.00
is to be funded from Debt Service Fund working capital to be repaid
over a 20 year period using Fire Program Funds; and the remaining
$110,000.00 is currently available through Fire Program Funds
previously awarded to the City.
The Director of Finance transmitted a resolution setting forth the
specific terms of financing; the internal financing arrangement calls for
a loan from the Debt Service Fund of $727,845.00; the loan will be
repaid at an interest rate of 5% over a 20 year period, with the interest
rate derived from the City's current internal rate of return on
investments; payments of $60,000.00 will be made over a 19 year
period, with a final payment of $7,232.22 in the 20th year; and the intent
of the financing is that Fire Program Funds granted by the
Commonwealth of Virginia will be used to repay the loan to the extent
such funds are available.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34089-111698) A RESOLUTION approving a plan for financing
the City's share of the costs of a Regional Fire-EMS Training Center.
(For full text of Resolution, see Resolution Book No. 61, page 273.)
Mr. Harris moved the adoption of Resolution No. 34089-111698.
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.
424
ACTION:
CITY EMPLOYEES-PENSIONS: The Director of Finance submitted
a written report advising that on Monday, November 2, 1998, Council
referred a request of Angela Norman, an employee of Personnel
Management, concerning enhancements to the Employees' Retirement
System (ERS) to the Director of Finance for reports, advising that it was
not an oversight by the administration in providing a five per cent
increase for members of the Employees' Supplemental Retirement
System (ESRS); and the increase in the multiplier from 2.0% to 2.1%
approved by Council on November 2, 1998, by Ordinance No. 34055-
110298, is applicable for members of ESRS.
It was further advised that Ms. Norman is misinformed based on
her statement that no enhancements had been approved for the "old
retirement system"; whereupon, Mr. Grisso noted that one major
enhancement adopted effective October 1, 1977, was for active
employees to receive ten years vesting from the previous 20 year
vesting; the ESRS was initiated in July 1984 with the long-term intent
to eliminate the ERS by allowing employees to voluntarily transfer to
ESRS between July 1 through December 31, 1984; two more windows
of opportunity were opened for active members of ERS when major
enhancements were made to ESRS; viz: from February 1 through
May 16, 1995, and from July 1 through August 31, 1998; and currently
there are only 199 members of ERS and they will again have the
opportunity to voluntarily transfer to ESRS from December 1 through
December 31, 1998.
(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.
REPORTS OF COMMITTEES:
BUDGET-PUBLIC WORKS: 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 a salt storage building at the Public Works Service
Center, recommending that Council approve the following actions:
425
ACTION:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Construction Services of Roanoke, Incorporated, in
the amount of $131,400.00 and 120 consecutive calendar
days construction time;
Appropriate the following funding from the 1998-99
CMERP Account to a new Capital Projects Account
entitled, "Salt Storage Building":
Contract Amount $131,400.00
Project Contingency 13,140.00
(Contract document reproduction,
telephone, materials testing, etc.)
Total Project Amount
$144,540.00
Reject the other bid 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:
(#34090-111698) 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 275.)
Mr. Swain moved the adoption of Ordinance No. 34090-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
426
ACTION:
Mr. Swain offered the following emergency ordinance:
(#34091-111698) AN ORDINANCE accepting the bid of
Construction Services of Roanoke, Incorporated, for construction of a
salt storage building at the Public Works Service Center, 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 276.)
Mr. Swain moved the adoption of Ordinance No. 34091-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None .0.
FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: 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 Peters Creek Road Fire/EMS
Station No. 4, recommending 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 Williams Painting and Remodeling, Inc., in the
amount of $733,000.00 and 240 consecutive calendar days
construction time.
Appropriate the following funding from the 1996 General
Obligation Bond Issue to Capital Projects Account No.
008-052-9677-9001, "Peters Creek Road Fire-EMS Station
No. 4."
427
Contract Amount
*Project Contingency
Reproduction of Contract
Documents (40 sets)
Total
$733,000.00
58,800.00
6.200.00
$798,000.00
*Project contingency includes funding for
advertising, telephone and other miscellaneous
expenses.
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 on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance. The
motion was seconded by Mr. Hudson.
"AN ORDINANCE to amend and reordain certain sections of the
1998-99 Capital Projects Fund Appropriations, and providing for an
emergency."
Ms. Wyatt referred to past concerns with regard to Williams
Painting and Remodeling, Inc., subcontracting certain work to non-
licensed subcontractors, and inquired if safeguards are in place in the
proposed contract that will require the use of licensed subcontractors.
The City Manager advised that he could not give Council the
assurance that any contractor will or will not at some point violate a
City contract. He stated that the City is operating under the assumption
that Williams Painting and Remodeling, as well as any other contractor,
will be obligated to abide by the rules and procedures enacted by the
City and City staff will closely monitor each situation.
Inasmuch as she had certain unanswered questions, Ms. Wyatt
offered a subsidiary motion that action on the report of the Bid
Committee be tabled. The motion was seconded by Mr. Trout and
adopted, Council Member Swain voted no.
428
LEGISLATION: Council Member William White, Sr., Chairperson,
Legislative Committee, presented a written report on behalf of the
Committee, transmitting the City's proposed 1999 Legislative Program,
advising that by report dated November 2, 1998, the Committee
recommended the City portion of the proposed Legislative Program to
Council and Council approved the City's portion of the Program.
It was further advised that the Schoor Board portion of the
Program was approved by the School Board at its meeting on
November 10, 1998; and the Legislative Committee recommends
adoption of a resolution by which Council will formally endorse the City
and School Board elements which will be merged into one joint
Legislative Program.
It was explained that the November 2, 1998 report highlighted
provisions of the City portion of the Program; as Chair of the
Legislative Committee, Mr. White commended the entire Program to
Council for its careful study and review; and upon completion of the
review, Mr. White advised that he is confident that the members of
Council will agree that the recommended Program will advance the
legislative interests of the City and its citizens.
A communication from the Roanoke City School Board advising
that the School Board, at its November 10, 1998 meeting, approved the
Schools' Legislative Issues for the fiscal year 1998-2000 Biennium; and
requested that Council approve the Schools' Legislative Issues and
incorporate those issues into the City's Legislative Program, and
priorities for the Schools' Legislative Program are for the State:
To improve its share of funding public education.
To maintain local governance over K-12 educational and
administrative issues.
To require the State Department of Taxation to properly
record a Iocality's reported personal adjusted gross
income.
To address student safety and discipline issues through
additional funding and program support.
To enhance funding of school capital outlay projects.
(For full text, see report, communication and legislative issues on file
in the City Clerk's Office.)
429
ACTION:
Mr. White offered the following resolution:
(#34092-111698) A RESOLUTION adopting and endorsing a
Legislative Program for the City to be presented to the City's delegation
to the 1999 Session of the General Assembly.
(For full text of Resolution, see Resolution Book No. 61, page 277.)
Mr. White moved the adoption of Resolution No. 34092-111698.
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: None ........................................................................ 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY EMPLOYEES-PENSIONS: Ordinance No. 34075, amending
and reordaining the definition of "creditable service", as set out in
Section 22.1-2, Definitions, and amending and reordaining subsection
(a) of Section 22.1-52, Lum_o sums, Code of the City of Roanoke (1979),
as amended, to provide for a maximum retirement allowance of 63 per
cent and to conform the lump sum distribution rule to the provisions of
the Internal Revenue Code of 1986, as amended, having previously
been before the Council for its first reading on Monday, November 2,
1998, 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:
(#34075-111698) AN ORDINANCE amending and reordaining the
definition of "creditable service", as set out in §22.1-2, Definitions, and
amending and reordaining subsection (a) of §22.1-52, Lum_o sums,
Code of the City of Roanoke (1979), as amended, to provide for a
maximum retirement allowance of sixty-three (63) per cent and to
conform the lump sum distribution rule to the provisions of the Internal
Revenue Code of 1986, as amended; and providing for an effective
date.
430
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 259.)
Mr. Harris moved the adoption of Ordinance No. 34075-111698.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, Wyatt, Harris, Hudson, and
Mayor Bowers .......................................................................... 5.
NAYS: Council Members White and Swain ............................ 2.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT: Council Member Wyatt expressed
appreciation to Police Officer Tamara Anderson, and advised that she
had the opportunity to spend an entire shift with Officer Anderson who
is one of Roanoke's finest Police Officers.
CITY EMPLOYEES-REFUSE COLLECTION: Council Member
White referred to the City's automated residential refuse collection
program and advised that it has been reported that the City is hiring
part-time employees because of deficiencies in the program. He
requested that the City Manager, prior to the Financial Planning
Session in January 1999, provide Council with a report in connection
with actual cost savings compared to those calculations contained in
a report of the study committee, and that the City Manager engage the
assistance of the Municipal Auditor to verify financial data. Council
Member Wyatt requested that the City Manager's report include
information on the number of temporary employees and the financial
impact to the City; and Council Member Trout requested that the City
Manager report to Council as expeditiously as possible regarding the
alleged hiring of temporary employees.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council.
BONDS/BOND ISSUES-INDUSTRIES: Council Member White
referred to interest earnings on general obligation bonds and called
attention to an unwritten policy of previous City Councils to use
431
ACTION:
accumulated bond interest earnings for economic development
projects. He requested that future monthly financial reports of the City
contain information on the amount of accumulated bond interest,
bonds that have been authorized and issued, and those bonds that
have~not been issued.
BUDGET-COUNCIL: Council Member White advised that he would
be pleased to present an overview of the Roanoke City budget process
to any interested civic organization, etc.
PARKS AND RECREATION: Council Member Swain encouraged
the Members of Council to attend work sessions of the Parks and
Recreation Master Plan Study Committee to hear input from citizens
regarding recreational facilities/enhancements.
BUDGET-COUNCIL: The Mayor proposed that Council hold its
Financial Planning Session on Saturday, January 16, 1999, from
8:30 a.m. to 1:00 p.m.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:25 p.m., the Mayor declared the meeting in recess.
Council member White left the meeting.
At 4:45 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 Members Hudson and White.
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. Harris and adopted by the following vote:
AYES: Council Members Trout, Wyatt, Harris, Swain and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
432
ACTION:
ACTION:
(Council Members Hudson and White were absent.)
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Mayor advised that there is a vacancy on the Economic
Development Commission created by the resignation of Stanley Hale,
and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of David Collins.
There being no further nominations, Mr. Collins was appointed
as a member of the Economic Development Commission, for a term
ending June 30, 2001, by the following vote:
FOR MR. COLLINS: Council Members Trout, Wyatt, Harris, Swain
and Mayor Bowers ....................................................................... 5.
(Council Members Hudson and White were absent.)
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Mayor advised that there is a vacancy on the Economic
Development Commission created by the resignation of Charles R.
Saul, and called for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of John M. Stroud.
There being no further nominations, Mr. Stroud was appointed as
a member of the Economic Development Commission, for a term
ending June 30, 2001, by the following vote:
FOR MR. STROUD: Council Members Trout, Wyatt, Harris, Swain
and Mayor Bowers ...................................... ~ ............................ 5.
(Council Members Hudson and White were absent.)
At 4:50 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, November 16, 1998, 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.
433
PRESENT: Council Members James O. Trout, William White, Sr.,
Linda F. Wyatt, C. Nelson Harris, Carroll E. Swain and Mayor David A.
Bowers ....................................................................................... 6.
ABSENT: Council Member W. Alvin Hudson, Jr.- .................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATIONS:
CITIZEN OF THE YEAR: On behalf of the Members of Roanoke
City Council, the Mayor advised that it was his pleasure to announce
that James E. Robertson was selected by Council as Roanoke's 1998
Citizen of the Year.
The Mayor further advised that Mr. Robertson installed American
flags on downtown Roanoke streets for 22 years, from 1961 - 1983 as
a representative of the Roanoke United Central Labor Council; he
served as a member of the Stadium Advisory Committee, Roanoke
Citizens Advisory Committee, Roanoke City Schools Vocational
Education Advisory Council, Roanoke Consortium for Manpower
Services, Board of Directors of Opportunities Industrialization Center,
Board of Directors of the Roanoke Neighborhood Alliance, and
Chairperson of the Senior Employment Advisory Council of the League
of Older Americans. He stated that Mr. Robertson is the recipient of the
Total Action Against Poverty Award for Outstanding Contributions to
the Continual War on Poverty, he received the Catawba Hospital
Outstanding Volunteer Service Award, and he is currently serving on
the Board of Commissioners of the Southwest Virginia Second Harvest
Food Bank, and the Board of Directors of the Virginia State Council of
Senior Citizens.
434
Mr. Trout moved that James E. Robertson be officially designated
as Roanoke's 1998 Citizen of the Year. The motion was seconded by
Ms. Wyatt and adopted.
The Mayor presented Mr. Robertson with a personalized plaque
and a Key to the City.
PROCLAMATIONS: The Mayor presented a Proclamation
declaring November 15 - 21, 1998, as American Education Week.
(For full text, see Proclamation on file in the City Clerk's Office.)
PUBLIC HEARINGS:
TAXES-LEGISLATION-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, November 16, 1998, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the Melrose/Rugby
Neighborhood Forum, Inc., for designation of property to be exempt
from taxation, said property being located at 1730 Orange Avenue,
N. W., the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Time~ on Sunday, November 1, 1998.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Melrose/Rugby Neighborhood Forum, Inc., is the owner of certain real
property located at 1730 Orange Avenue, N. W. (Official Tax No.
2221501); the property has a real estate assessed value for 1998-99 of
$25,900.00, with a real estate tax assessment of $315.98; and Council
adopted Resolution No. 30884-021892 on February 18, 1992, to
establish guidelines for organizations seeking support for exemption
from taxation.
The City Manager recommended that Council concur in the
request of the Melrose/Rugby Neighborhood Forum, Inc., for Council's
support of its request to the 1998 Session of the General Assembly to
be designated exempt from taxation, pursuant to Article X, Section
6(a)6 of the Constitution of Virginia.
435
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34093-111698) A RESOLUTION supporting tax exemption of
certain property in the City of Roanoke owned by Melrose/Rugby
Neighborhood Forum, Inc., and used by it exclusively for charitable or
benevolent purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 61, page 279.)
Mr. Trout moved the adoption of Resolution No. 34093-111698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Swain and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Hudson was absent.)
TAXES-LEGISLATION-HOUSING/AUTHORITY: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday,
November 16, 1998, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Blue Ridge Housing Development
Corporation for designation of property to be exempt from taxation,
said property being located at 510 11th Street, N. W., the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, November 1, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a written report advising that Blue
Ridge Housing Development Corporation is the owner of certain real
property located at 510 11th Street, N. W. (Official Tax No. 2110105); the
property has a real estate assessed value for 1998-99 of $64,300.00,
with a real estate tax assessment of $784.46; Blue Ridge Housing
Development Corporation owns additional property in the City of
436
Roanoke which has not been requested to be exempted from real
property taxes; the properties owned by Blue Ridge Housing
Development Corporation, Official Tax Nos. 2010129, 2012009, 2012016,
2110105 and 3011430 will not be exempt from real estate taxes; and
Council adopted Resolution No. 30884-021892 on February 18, 1992, to
establish guidelines for organizations seeking support for exemption
from taxation.
The City Manager recommended that Council concur in the
request of Blue Ridge Housing Development Corporation for Council's
support of its request to the 1998 Session of the' General Assembly to
be designated exempt from taxation, pursuant to Article X, Section 6(a)
6 of the Constitution of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34094-111698) A RESOLUTION supporting tax exemption of
certain property in the City of Roanoke owned by Blue Ridge Housing
Development Corporation and used by it exclusively for charitable or
benevolent purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 61, page 281.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34094-111698.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Trout, Wyatt, Harris, Swain and
Mayor Bowers ............................................................................ 5.
NAYS: None .................................................................. 0.
(Council Member Hudson was absent and Council Member White
abstained from voting.)
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, November 16, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of C & C
Development Properties, Inc., that five tracts of land located near the
437
intersection of Hershberger Road and Williamson Road between
Hershberger Road and Curtis Avenue, N. W., identified as Official Tax
Nos. 2190906 - 2190908, inclusive, 2190918 and 2190919, be rezoned
from RS-3, Residential Single-Family District, to C-2, General
Commercial 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, December 31, 1998 and Thursday,
January 7, 1999, and in The Roanoke Tribune on Thursday, January 7,
1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A communication from G. Michael Pace, Jr., Attorney,
representing the petitioner, requesting that the matter be tabled until
the regular meeting of Council on Tuesday, January 19, 1999, at
7:00 p.m., was also before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that the matter be tabled until the regular
meeting of Council on Tuesday, January 19, 1999, at 7:00 p.m., in the
City Council Chamber. The motion was seconded by Mr. Swain and
unanimously adopted.
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, November 16, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Food Lion, Inc.,
that two tracts of land located on Shenandoah Avenue, N. W., identified
as Official Tax Nos. 6030107 and 6030108, be rezoned from RM-2,
Residential Multifamily District, Medium Density District, to C-2, General
Commercial 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, October 19 and Thursday, November 5,
1998, and in The Roanoke Tribune on Thursday, November 5, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
438
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the construction of a
new Food Lion store with two out parcels at Peters Creek Road
Extension and Shenandoah Avenue, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the proposed
development of the property is consistent with the City's
Comprehensive Plan and with recommendations of the land use and
transportation study completed by the Fifth Planning District
Commission; while significant grading will occur on the property, its
use for commercial development is reasonable and the layout of the
development will encourage a quality project with a limited number of
out parcels and transportation access points.
(For full text, see report on file in the City Clerk's Office.)
Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34095) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 603, 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 283.)
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. 34095 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Swain and
Mayor Bowers ........................................................................ 6.
NAYS: None ................................................................. O.
439
ACTION:
(Council Member Hudson 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, November 16, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of RIA, LLC, that
a tract of land located on the west side of Hollins Road, N. E., being an
approximately 9.5 acre portion of Official Tax No. 3140301, be rezoned
from HM, Heavy Manufacturing 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, September 3 and Thursday,
September 10, 1998, and in The Roanoke Tribune on Thursday,
September 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
Michael K. Smeltzer, Attorney, representing the petitioner,
requested that the matter be tabled and referred back to the City
Planning Commission for the purpose of filing an amended petition.
Mr. Trout moved that the matter be tabled and referred back to
the City Planning Commission for the purpose-of filing an amended
petition for rezoning. The motion was seconded by Mr. Swain and
unanimously adopted.
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM
DRAINS: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, November 16, 1998, 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 certain property which the City will acquire for
infrastructure improvements, in connection with construction of the
Roanoke River Interceptor Sewer Replacement Project, identified as
Official Tax Nos. 1221301, 1221302, 1221403, 1221406, 1222404 and
1222405, to an entity related to the original owners upon completion of
the project after all legally required procedural steps are completed, the
matter was before the body.
44O
ACTION:
Legal advertisement of the public hearing was published in
The Roanoke Tim~s on Sunday, November 8, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Manager 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 Project replaces the existing
interceptor sewer from the Water Pollution Control Plant to the Salem
City limits; and authorization to acquire property rights on 109 parcels
of land was granted by Council on December 18, 1995, was before the
body.
It was further advised that negotiations with one landowner have
revealed the need to acquire three additional parcels of land for
infrastructure improvements associated with the project, said parcels
are to be conveyed to an entity related to the original owners upon
completion of infrastructure improvements; and authorization is
needed to acquire and convey all or portions of six parcels of land
identified as Official Tax Nos. 1221301, 1221302, 1221403, 1221406,
1222404 and 1222405.
The City Manager recommended that he be authorized to take the
appropriate action in order to accomplish acquisition of 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, rights of way, licenses
or permits, etc; and parcels are to be conveyed to an entity related to
the original owners upon completion of the project after all legally
required procedural steps are completed.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#34096) AN ORDINANCE providing for the acquisition of
additional property rights needed by the City in connection with the
construction of the Roanoke River Interceptor Sewer Replacement
Project; providing for the City's acquisition of such property rights by
441
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; providing for conveyance to
an entity related to the original owners upon completion of the project.
(For full text of Ordinance, see Ordinance Book No. 61, page 285.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter; whereupon, Mr. James
Leonard, 1935 Hope Road, S. W., suggested that future agendas
contain a proper description of affected property by street address and
a complete identification of the property.
Ordinance No. 34096 was adopted, on its first reading, by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Swain and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Hudson was absent.)
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, November 16, 1998, 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 certain City-owned property, identified as Official
Tax No. 1011512, commonly known as 118 Campbell Avenue, S. W., to
Ground Zero Development LLC, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, November 8, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
442
The City Manager submitted a written report advising that the
prospective purchasers have withdrawn their request for the public
hearing and have decided not to pursue purchase of the building;
therefore, it is not necessary to proceed with the public hearing at this
time.
(For full text, see report on file in the City Clerk's Office.)
ACTION'
Mr. Trout moved that the matter be withdrawn. The motion was
seconded by Mr. Harris and unanimously adopted.
OTHER HEARING OF CITIZENS:
MISCELLANEOUS-COMPLAINTS-COUNCIL: Mr. Robert Gravely,
1412 Moorman Road, N. W., advised that he was addressing Council as
a messenger of God. He stated that God will release His wrath upon all
nations, and the year 1999 will see troubled times because the world is
under a curse as the result of sin by its inhabitants.
There being no further business, the Mayor declared the meeting adjourned
at 7:50 p.m.
APPROVED
Mary F. Parker
City Clerk Mayor
443
ROANOKE CITY COUNCIL---ROANOKE CITY SCHOOL BOARD
December 7, 1998
12:15 p.m.
A meeting of the Roanoke City Council, the Roanoke City School Board, and
Legislators representing the City of Roanoke at the 1999 Session of the Virginia
General Assembly was called to order on Monday, December 7, 1998, at 12:15 p.m.,
the regular meeting hour, at Woodrow Wilson Middle School Library, 1813 Carter
Road, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Rule 1, Reqular Meetin_~s, of Section 2-15, Rules of Procedure, Code of the City of
Roanoke (1979), as amended, and pursuant to Resolution No. 34047-100798 adopted
on October 7, 1998.
COUNCIL MEMBERS PRESENT: William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A.
Bowers ......................................................................................................... 7.
COUNCIL MEMBERS ABSENT: None ....................................................... 0.
SCHOOL BOARD TRUSTEES PRESENT: F. B. Webster Day, Sherman P. Lea,
Brian J. Wishneff, Ruth C. Willson, Charles W. Day, Melinda J. Payne and
Chairperson Marsha W. Ellison ........................................................................ 7.
SCHOOL BOARD TRUSTEES ABSENT: None ........................................... 0.
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas and Delegate Clifton A. Woodrum, III.
OTHERS PRESENT: Representing the City of Roanoke: W. Robert Herbert, City
Manager; James D. Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H.
Bird, Municipal Auditor; William F. Clark, Director, Public Works; Kit B. Kiser,
Director, Utilities and Operations; James Grigsby, Chief, Fire/EMS Department;
Corinne B. Gott, Superintendent, Social Services; Representing the Roanoke City
Public Schools: E. Wayne Harris, Superintendent; Richard E. Kelley, Assistant
Superintendent for Operations; Cindy R. Lee, Clerk of the Board; Allison Baird,
Legislative Aid to Senator Edwards, Clara Crouch, Legislative Aid to Delegate
Woodrum; and Thomas A. Dick, Roanoke City Legislative Liaison.
The meeting was opened with a prayer by Vice-Mayor Harris.
444
Following lunch, the business session convened at 12:45 p.m.
SCHOOLS-COUNCIL-LEGISLATION: The Mayor presented Senator Edwards
and Delegates Thomas and Woodrum with City Seal paper weights.
Mr. Dick presented highlights of the City's proposed 1999 Legislative
Program.
(See 1999 Legislative Program on file in the City Clerk's Office.)
F. B. Webster Day, School Trustee, presented highlights of the Schools'
Proposed Legislative Program.
(See Roanoke City Schools FY 1998-2000 Legislative Program Updated FY
1999-2000 on file in the City Clerk's Office.)
Delegate Thomas advised that the Governor has expressed support of House
Bill 599 and he was pleased that local governments have joined efforts to contact
members of the House of Representatives and the State Senate. With regard to the
Regional Competitiveness Act, he added that the Governor has recommended $6
million for the first year of the biennium, no funds are recommended for inclusion
in the second year, and it is hoped to receive $12 million which is a small amount of
funds for a program of this magnitude.
Delegate Woodrum commended the work of Thomas A. Dick, the City's
Legislative Liaison, on behalf of the City of Roanoke working in conjunction with the
City Attorney. He commended Mr. Dibling for his work on revisions to the Virginia
Freedom of Information Act which has brought favorable attention to the City of
Roanoke. He also commended the School Board on school renovations throughout
the City which shows great vision and what can be accomplished with limited funds.
Senator Edwards commended Roanoke City for school renovations and
construction, etc., which have far surpassed many other school districts in Virginia.
He stated that given the fact that there are $6.6 billion in school construction/
renovation needs throughout the Commonwealth of Virginia, and localities can only
afford $4 billion, which leaves over a $2 billion shortfall, the Commonwealth of
Virginia must provide a consistent and regular funding stream for school
construction through dedication of lottery proceeds for that purpose. He added that
it has been almost 50 years since the Commonwealth has been a partner with the
localities in terms of school construction and it is time for a partnering to occur so
that localities may rely on a regular basis on a regular funding stream. In addition
to school construction and renovation, he called attention to the need for updated
445
computer technology; at a recent meeting of the Senate Finance Committee, it was
pointed out that teachers need to learn how to use current technology before they
can teach it and it is important to insure that teachers are properly trained in the use
of computers. He advised that it is hoped to construct a new roof on the GOB North
building by the end of the year, which facility will house the Higher Education Center
and title to the building will be transferred to the Roanoke Higher Education
Authority by December 1998.
The Mayor reiterated the remarks of Mr. Day regarding school construction
(page 14 of the School legislative update) in which he pointed out that 65 per cent
of school buildings in the Commonwealth of Virginia are over 25 years old. He
expressed concern that after the turn of the century, when the focus turns to the
renovation of Patrick Henry High School and William Fleming High School which will
be multi-million dollar investments, decisions that will be made at the General
Assembly level will be vitally important at the local level in the years 2001 and 2002
when attention turns to renovating Roanoke's two high schools. He concurred in
the remarks of Senator Edwards regarding the Higher Education Center and advised
that Roanoke City pledged $2.5 million, total funding for the project is approximately
$3.6 million short, and the Governor has been requested to include $3.6 million in
his budget which will be announced in December. He referred to page 16 of the
City's Legislative Program in which it was advised that the Commonwealth of
Virginia provided itself with immunity in regard to software equipment failure in the
Y2K, that localities are a subsidiary of the Commonwealth, and the City of Roanoke
has requested that immunity be afforded to cities and to School Boards. Finally, he
called attention to a problem in regard to highway maintenance, lifter, etc., on 1-581
and presented photographs of the current situation. He advised that the condition
is deplorable and the Virginia Department of Transportation has not responded to
the City's repeated expressions of concern. He explained that some localities have
contracted for maintenance of interstate highways which is an avenue that the City
of Roanoke might wish to pursue.
Chairperson Ellison advised that there are $32.5 million worth of school
construction needs in the City of Roanoke, and there are approximately 33
classrooms situated in trailers across City elementary school campuses which is
something that needs to be addressed if Roanoke City facilities are to be properly
maintained. She stated that the Standards of Learning will have a fiscal impact upon
the school system in the amount of approximately $13 million. She called attention
to a Charter School application recently drafted by the Roanoke City School Board
which will provide for local control over charter school rejection or acceptance of
applications and requested that Roanoke City's legislative representatives closely
monitor the bill at the General Assembly level.
446
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1:30 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, December 7, 1998, 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 and Mayor David A. Bowers .......... 6.
ABSENT: Council Member William White, Sr.- .......................................... 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.
The reconvened meeting was opened with a prayer by The Reverend Paul
Gunsten, Pastor, St. Philip Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
SCHOOLS-ACTS OF ACKNOWLEDGEMENT: The Mayor recognized fourth and
fifth grade students from Westside Elementary School who participated in the Young
People's Theater One Act Play Festival State Competition in Norfolk, Virginia, on
November 14, 1998. The following students won a trophy for best costumes:
Mike Barton
Dawniqua Fountain
Eugene Williams
Erica Taylor
Kirsten Coles
Stephany Hill
Tyler Poff
Antoinette Brooks
Tiffany Burroughs
India Melton
The Mayor presented each student with a Roanoke Star pencil and a Star City
hat.
ROANOKE NEIGHBORHOOD PARTNERSHIP-POLICE DEPARTMENT-ACTS OF
ACKNOWLEDGEMENT: The Mayor advised that National Night Out was introduced
in 1984 by the National Association of Town Watch to involve entire communities in
a concerted effort to heighten the awareness of crime and to encourage police
community partnerships in anti crime efforts; and the 15th Annual National Night Out
447
was held on August 4, 1998. He further advised that under the leadership of Police
Chief Joe Gaskins and with the cooperation of City Council, City Government, the
Roanoke Neighborhood Partnership, businesses and neighborhood groups, 26
neighborhoods organized events for National Night Out, another 16 neighborhoods
participated in the "Lights On" campaign and the Police Department sponsored a
kick off event at Victory Stadium. He stated that Roanoke's 1998 cooperative
participation joined the largest National Night Out in the history of the event, with
participation by over 31.1 million people in 9,420 communities who joined together
to take a stand against crime.
The Mayor announced that Roanoke City was selected by the National
Association of Town Watch as, "Rookie of the Year for 1998"; whereupon, he
presented a plaque to Police Chief Joe Gaskins and to Mariam Alam Stacy,
Coordinator, Roanoke Neighborhood Partnership.
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 the disposition of publicly held property, specifically the
conveyance of a portion of a parcel of land in the downtown area for
economic development purposes; one request to discuss a specific
legal matter requiring the provision of legal advice by counsel, being
the terms and conditions of an economic development contract in
negotiation; 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
Tuesday, September 8, 1998, and Monday, September 21, 1998, 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:
448
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................ -6.
NAYS: None .0.
(Council Member White was absent.)
CELEBRATIONS: A communication from Mayor David A. Bowers
with regard to organizing a public/private partnership to arrange and
implement plans for a 1999 holiday parade, was before Council.
It was advised that the City of Roanoke is indebted to the
Distributive Education Clubs of America at Patrick Henry and William
Fleming High Schools for organizing the parade over the last 19 years;
however, the City should now take a leadership role in organizing the
parade; whereupon, the Mayor requested that the matter be referred to
the City Manager for the purpose of organizing a public/private
partnership to arrange and to implement plans for the 1999 holiday
parade.
ACTION:
Mr. Trout moved that the matter be referred to the City Manager
for the purpose of organizing a public/private partnership to arrange
and to implement plans for the 1999 holiday parade. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None .-0.
(Council Member White was absent.)
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.)
449
ACTION:
ACTION:
Mr. Trout 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 and
Mayor Bowers ............................................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member White was absent.)
CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report
of the City Manager requesting that Council convene in Executive
Session to discuss the disposition of publicly held property,
specifically the conveyance of a portion of a parcel of land in the
downtown area 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. Trout moved that Council concur in the request of the City
Manager to convene in Executive Session to discuss the disposition of
publicly held property, specifically the conveyance of a portion of a
parcel of land in the downtown area 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 Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
CITY MANAGER-COUNCIL-ECONOMIC DEVELOPMENT: A report
of the City Manager requesting that Council convene in Executive
Session to discuss specific legal matters requiring the provision of
45O
ACTION:
ACTION:
legal advice by counsel, being the terms and conditions of an economic
development contract in negotiation, 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 City
Manager to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of an economic development contract in
negotiation, 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, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None .0.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
A report of the City Manager advising that 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, it is requested that Council schedule a public
hearing for December 2t, 1998, at 7:00 p.m., on the conveyance of real
estate identified as a portion of Official Tax No. 1010310 commonly
known as a lot located at the northwest corner of Norfolk Avenue and
First Street, which will be proposed to be sold for economic
development purposes, 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
Manager to hold a public hearing on Monday, December 21, 1998, at
7:00 p.m. The motion was seconded by Mr. Swain and adopted by the
following vote:
451
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee which was held on
Monday, October 19, 1998, were before the body.
The Audit Committee considered the following items:
Financial Audits:
Cultural Services Committee
Human Services Committee
Police Department Cash Funds
Audit Findings Follow-Up
Verbal Update on Fleet Usage
Change to the Municipal Auditing 1999 Audit Plan
(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, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER-
YOUTH-INDUSTRIES-CULTURAL SERVICES COMMITTEE-ECONOMIC
DEVELOPMENT: The following reports of qualification were before
Council:
452
ACTION:
Robert C. Poole as a member of the Roanoke Civic Center
Commission for a term ending September 30, 2001;
Duane A. Kavka as a member of the Youth Services
Citizen Board for a term ending May 31, 2001;
Dennis R. Cronk as a Director of the Industrial
Development Authority of the City of Roanoke for a term
ending October 20, 2002;
Frances L. Keen as a member of the Cultural Services
Committee for a term ending June 30, 1999; and
David Collins as a member of the Economic Development
Commission for a term ending June 30, 2001.
(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 Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ........................................................................... 6.
NAYS: None. 0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY EMPLOYEES-PENSIONS: Wilbur H. Drewery, a former City
employee, having previously requested time on the agenda to address
Council with regard to health insurance benefits, he asked that the item
be withdrawn.
PETITIONS AND COMMUNICATIONS:
453
BUDGET-CITY JAIL-GRANTS: A communication from the
Honorable George M. McMillan, City Sheriff, advising that interdiction
orders issued by a Circuit Court pursuant to Section 4.1-333 of the
Code of Virginia may prohibit those persons with a history of public
intoxication arrests from purchasing or possessing alcoholic
beverages; violations of an interdiction order are punishable as a Class
One Misdemeanor by up to one year in jail; through cooperative efforts
of the Commonwealth's Attorney, the Circuit Court, the Police
Department and the Roanoke City Sheriff, a number of individuals have
received interdiction orders in Roanoke in the past year; the 1998
General Assembly provided funding for these initiatives; and the
Roanoke City Sheriff's Office developed an innovative community-
based program which 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, was before Council.
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 pilot three 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 submitted to DCJS; the Department of Criminal Justice Services
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 provided $87,973.00 for the City of Roanoke
for fiscal year 1998-99 and $167,147.00 for the second year to initiate a
three-year program; 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 execute the Grant Acceptance Award; and appropriate
$87,973.00 to the following expenditure accounts:
002 Regular Salaries $15,525.00
115 Retirement 2,018.00
120 FICA 1,187.00
125 Health Insurance 1,225.00
130 Life Insurance 112.00
140 W/C Medical 42.00
454
ACTION:
2005 Maintenance Contracts $ 250.00
2010 Fees for Professional 43,285.00
Services
2020 Telephone t 80.00
2030 Administrative 750.00
Supplies
2040 Publications and 350.00
Subscriptions
2044 Training and Development 735.00
2046 Mileage 650.00
2075 Printing 250.00
2160 Postage 175.00
3005 Project Supplies 845.00
9005 Furniture and Equipment 3,250.00
9015 Equipment - other 17,144.00
Total $87.973.00
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a written report concurring in the
recommendation of the City Sheriff.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(~34097-120798) AN ORDINANCE to amen~l 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 286.)
Mr. Hudson moved the adoption of Ordinance No. 34097-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................. 0.
(Council Member White was absent.)
455
ACTION:
Mr. Hudson offered the following resolution:
(#34098-120798) A RESOLUTION authorizing the acceptance of
a grant to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services to implement 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. 61, page 288.)
Mr. Hudson moved the adoption of Resolution No. 34098-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Council Member Swain requested information regarding the
severity of the problem of public inebriation in the City of Roanoke, and
inquired if there are legal mechanisms to deal with providers of alcohol
to inebriated persons.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
VIRGINIA TRANSPORTATION MUSEUM: The City Manager
submitted a written report advising that the Virginia Museum of
Transportation (VMT) has undertaken certain renovations and
construction improvements to the Museum; a project description was
included in the approved Capital Improvement Program for fiscal years
1994-1998; total estimated cost of the renovation and construction
project is $1,949,001.00 which includes the following three phases:
456
Phase I - upgrading the front facade with paint,
construction of a new front entry and installing two neon
signs on the Museum's roof.
Phase II - building a cover/shed, with skylights, for the
Museum's outside rail and road exhibits.
Phase III - building an amphitheater.
It was further advised that pursuant to Resolution No. 31900-
031494, Council requested funding from the Commonwealth
Transportation Board in the Enhancement Program of the Virginia
Department of Transportation (VDOT), pursuant to the Intermodal
Surface Transportation Efficiency Act (ISTEA) for Phase I of the
Museum's renovations and construction project; VDOT included Phase
I in the Enhancement Program and awarded $228,000.00 of the
$380,000.00 needed for Phase I, with the City committing to 20% of
Phase I cost; pursuant to Resolution No. 33746-031698, Council
authorized the City Manager to execute a City State Agreement between
the City and the Virginia Department of Transportation for renovation
and construction improvements to the existing facade of the Virginia
Museum of Transportation Phase I, to provide for an increased
Intermodal Surface Transportation Act (ISTEA) award of $40,000.00,
bringing total (ISTEA) funds to $268,000.00, (008-052-9650); a maximum
of $813,000.00 (008-052-9650) of the 1996 General Obligation Bond
Issues have been committed by the City for the total project; bond
funds must be matched by funding generated by the Virginia Museum
of Transportation to include cash, in-kind goods and services and
ISTEA funding; and the City anticipates up to $162,000.00 for Phase I,
$490,000.00 for Phase II, and $171,000.00 for Phase III of the project,
which represents the City's total financial obligation to the
Transportation Museum.
It was explained that $386,000.00 of additional Phase II
enhancement funding was approved by the Commonwealth
Transportation Board in June, 1998; the agreement between City of
Roanoke and the Virginia Museum of Transportation does not provide
for the City's distribution of matching bond funds after December 31,
1999, for Phases II and III of the Museum's construction project; and
agreements between City/State and City/Virginia Museum of
Transportation need to be amended to continue the necessary flow of
funding to complete the project.
ACTION:
The City Manager recommended that he be authorized to execute
an amended agreement between the City and the Virginia Museum of
Transportation to provide for an extension of three years from
December 31, 1998, to allow the Virginia Museum of Transportation
additional time to complete Phases II and III of its project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34099-120798) A RESOLUTION authorizing execution of
Amendment No. 1 to the Agreement between the City and the Virginia
Museum of Transportation, Inc., dated December 13, 1995, providing for
an extension of three years to allow additional time to complete Phases
II and III of the renovation and improvements to Roanoke's Historic
Freight Station.
(For full text of Resolution, see Resolution Book No. 61, page 289.)
Mr. Trout moved the adoption of Resolution No. 34099-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
457
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ..................................................................... 0.
(Council Member White was absent.)
BUDGET-GRANTS-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SCIENCES-MILL MOUNTAIN THEATRE: The 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 order to
receive Community Development Block Grant (CDBG) entitlement; the
Annual Update describes individual programs and projects to be
conducted with funds that are awarded to the City; substantial
amendments to the Annual Update require a 30-day public comment
period before the changes can be implemented; the Western Virginia
Foundation for the Arts and Sciences (WVFAS) is a 501 (c)(3) non-profit
corporation, and for over a decade, the Foundation has worked in
458
partnership with the City of Roanoke and other non-profit organizations
to create more than $25 million in new, direct investment in the Central
Business District.
It was further advised that the Shenandoah Hotel, located at the
corner of Campbell Avenue and Williamson Road, has been vacant for
more than a decade and is in need of major renovation; Mill Mountain
Theatre is in need of dormitory facilities for the players and classroom
space for Youth Camp and other training activities; Center-in-the-
Square through the Western Virginia Foundation desires to work in
partnership with the City of Roanoke and Mill Mountain Theatre to
renovate the Shenandoah Hotel for dormitory, classrooms, meeting
areas and retail space on the ground level, at a projected cost of $3.5
million; a substantial amendment is needed to the Annual Update as a
result of the recent partnering of the Western Virginia Foundation, the
City of Roanoke and Mill Mountain Theatre to renovate the Shenandoah
Hotel; authorization is required from Council to amend the Annual
Update and execute the necessary agreement with the Western Virginia
Foundation; an administrative agreement is necessary for the funds to
be obligated to the project; the subgrantee shall utilize CDBG funds to
assist in acquisition and rehabilitation of the Shenandoah Hotel, with
total CDBG funds to be provided under the Agreement not to exceed
$750,000.00; and funds will be obligated to the Agreement
incrementally as follows:
$250,000.00 on or about January 1, 1999;
$250,000.00 on or about July 1, 1999; and
$250,000.00 on or about July 1, 2000.
The City Manager recommended that he be authorized to amend
the 1998-99 Annual Update to reflect this public/private partnership
between the City of Roanoke, Western Virginia Foundations for the Arts
and Sciences and Mill Mountain Theatre for funding for the Shenandoah
Hotel Renovation project, including submission of appropriate
documents to HUD following the public review and comment period,
provided that no compelling adverse public comments are received;
that the City Manager be authorized to execute a CDBG Subgrant
Agreement with the Western Virginia Foundation for the Arts and
Sciences and amendments thereto, approved as to form by the City
Attorney; and that Council authorize the following appropriations of
excess program income:
459
ACTION:
$250,000.00 to an account to be established by the
Director of Finance to provide funding to the Western
Virginia Foundation for the Arts and Sciences for the
Shenandoah Hotel renovation.
The City's financial commitment will be $750,000.00 from
current CDBG program income and future entitlement;
renovation of the Shenandoah Hotel in the Historic District
will greatly improve a major gateway into the Central
Business District, provide much needed space for Mill
Mountain Theatre players, space for youth programs and
retail space on the first floor.
Downtown revitalization will be greatly enhanced.
Consistency with Consolidated Plan Goals will be
maintained; outcomes resulting from the activity
undertaken by this agreement include the renovation of a
dilapidated historic property, the return of additional retail
on the ground floor, and economic development and
training programs benefitting the City's youth, all of which
are objectives and priorities of the plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34100-120798) 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 289.)
Mr. Trout moved the adoption of Ordinance No. 34100-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... O.
460
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34101-120798) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1998-99, and to execute documents in connection with said
amendment; and authorizing execution of an amendment to the
Agreement with the Western Virginia Foundation for the Arts and
Sciences.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 291.)
Mr. Trout moved the adoption of Resolution No. 34101-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None. .0.
(Council Member White was absent.)
BUDGET-GREENWAY SYSTEM-CONSULTANTS REPORTS-
ISTEA-GRANTS-BONDS: The City Manager submitted a written report
advising that the Mill Mountain Greenway project proposes a trail
linking the Roanoke City Market to the top of Mill Mountain; the project
will include a combination of on road and off road paved trails; and the
project is funded through a combination of Capital Improvement
Program bond funds and Intermodal Surface Transportation Efficiency
Act (ISTEA) funds.
It was further advised that a request for consultant qualifications
proposals was advertised and four firms submitted proposals, i.e.:
Whitesell Orrison, Hill Studio, P. C., LardnerlKlein Landscape
Architects, P. C., and LMW, P. C.; the selection committee selected the
firm of LardnerlKlein Landscape Architects, P. C., as the best qualified
consultant for the proposed work; and LardnerlKlein Landscape
Architects, P. C., will be teamed with Mattern & Craig, Inc., of Roanoke.
ACTION:
The City Manager recommended that he be authorized to execute
a contract, in a form to be approved by the City Attorney, with
LardnerlKlein Landscape Architects, P. C., in the amount of $89,436.00,
to provide professional services for engineering design of the Mill
Mountain Greenway; that Council appropriate $110,000.00 from sale of
Series 2000 Public Improvement Bonds to an account to be established
by the Director of Finance entitled, Mill Mountain Greenway; that
Council adopt a resolution declaring the City's intent to reimburse itself
$110,000.00 from the sale of Series 2000 bonds for the Mill Mountain
Greenway; and the maximum amount of debt to be issued related to the
greenway is $250,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34102-120798) 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 292.)
Mr. Trout moved the adoption of Ordinance No. 34102-120798.
The motion was seconded by Mr. Hudson.
Bruce Munsey, 523 Woods Avenue, S. W., representing the Blue
Ridge Bicycle Club, requested that the City instruct Lardner Cline
Landscape Architects, as a part of its contract for professional services
for the Mill Mountain greenway, to hold design public hearings. He
stated that the Mill Mountain greenway should allow for pedestrians
and bicyclists to link with the Lick Run greenway and the Roanoke
River greenway, and greenway easements should be purchased at the
same time as the sewer interceptor project is constructed. He called
attention to a recent article in The Roanoke Times regarding the
Roanoke greenway in which it was reported that the City of Salem and
Roanoke County are planning a greenway from Greenhill Park to Salem
which will eventually connect to the Hanging Rock greenway. He
advised that the newspaper article also stated that the trail in Roanoke
is three miles long and he would support a Roanoke Valley plan to
regionally connect the trail that is a part of the flood reduction project
to the Roanoke County/Salem trail, and maintain the greenway as
originally designed to the Water Treatment Plant. He requested that the
462
City address the need to allow public input on the Mill Mountain
greenway and how it should connect to the planned greenway system
in the Roanoke Valley.
The City Manager advised that the issues raised by Mr. Munsey
could be explored as a part of citizen workshops and it will be
approximately 30 - 90 days before the process will take place.
Mayor Bowers referred to an article in the December 4, 1998,
edition of The Roanoke Time~ in which it was reported that Roanoke
County and the City of Salem are proceeding with the Roanoke River
Greenway; however, no information has been provided to the citizens
of Roanoke City regarding the Roanoke River Greenway within the City
of Roanoke.
Following discussion, it was the consensus of Council that the
matter would be referred to the City Manager for the purpose of
providing Council with a briefing; that Elizabeth Belcher, Roanoke
Valley Greenways Coordinator, would be invited to address the overall
issue of greenways; and the Mayor requested an explanation as to why
other jurisdictions in the Roanoke Valley are proceeding with greenway
development before addressing flood reduction.
Ordinance No. 34102-120798 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None .0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34103-120798) A RESOLUTION authorizing a contract with
LardnerlKlein Landscape Architects, P.C., for professional services for
the engineering design of the Mill Mountain Greenway.
(For full text of Resolution, see Resolution Book No. 61, page 293.)
463
ACTION:
Mr. Trout moved the adoption of Resolution No. 34103-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34104-120798) 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 in connection with the design of the Mill Mountain Greenway; and
providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 294.)
Mr. Trout moved the adoption of Resolution No. 34104-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
LICENSES-TELEPHONE EQUIPMENT: The City Manager
submitted a 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 competition among all types of
communications companies; and the Act preempts all state and local
laws that prohibit or have the effect of prohibiting a business from
providing telecommunications services.
464
It was further advised that in compliance with the 1996
Telecommunications Act, the City entered into temporary nonexclusive
revocable license agreements with KMC (dated January 7, 1997) and
ACSI (dated December 31, 1996) granting the use of City rights-of-way
for telecommunications purposes and deferring the issue of
compensation until the General Assembly acts on the 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; however, KMC
has exercised its rights under the temporary license agreement and is
presently building its network in Roanoke and the surrounding area.
It was explained that a new telecommunications company to the
area, Hyperion Telecommunications of Virginia, Inc., has requested the
right to construct, maintain and operate telecommunications facilities
in the City's rights-of-way to provide telecommunications services
within and outside the City, pending adoption of a final ordinance and
agreement to which the company would be subject once the ordinance
and agreement are adopted by the City.
The City Manager recommended that he be authorized to execute
a temporary nonexclusive revocable license agreement with Hyperion
Telecommunications of Virginia, Inc., in a form to be approved by the
City Attorney, authorizing Hyperion Telecommunications of Virginia,
Inc., to construct, maintain and operate telecommunications facilities
in, over and across those portions of the public, rights-of-ways within
the City as described in route diagrams to be filed by Hyperion and/or
as may be approved by the City Manager, or his designee, and that the
term of the temporary license agreement be until January 1, 1999, and
month to month thereafter or until the City adopts a
telecommunications regulatory ordinance and license/franchise
agreement, whichever occurs first.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Swain moved that the following ordinance be placed upon its
first reading:
(#34105) AN ORDINANCE authorizing the City Manager to
execute on behalf of the City a Temporary Nonexclusive Revocable
License Agreement with Hyperion Telecommunications of Virginia, Inc.,
for the construction, maintenance, and operation of
telecommunications facilities in the City's rights-of-way.
465
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 316.)
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
(Council Member White was absent and Council Member Wyatt was out
of the Council Chamber.)
BUDGET-SNOW REMOVAL: The City Manager submitted a
written report advising that deicing salt is necessary to provide for a
successful snow and ice removal program; and bids were received by
the City on November 5, 1998, with prices to be firm through March,
1999.
The City Manager recommended that Council authorize the
purchase of deicing salt from Cargill Salt, Inc., at a cost of $45.96 per
ton, delivered; appropriate $45,960.00 from Current Year Capital
Maintenance and Equipment Replacement Program to Snow Removal,
Account No. 001-052-4140-2045; and 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 emergency budget ordinance:
(#34106-120798) 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 295.)
Mr. Trout moved the adoption of Ordinance No. 34106-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
466
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ................................................................. O.
(Council Member White was absent.)
Mr. Trout offered the following emergency ordinance:
(#34107-120798) AN ORDINANCE accepting the bid of Cargill
Salt, Inc., for deicing salt, 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 296.)
Mr. Trout moved the adoption of Ordinance No. 34107-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................ 0.
(Council Member White was absent.)
BUDGET-CMERP-EQUIPMENT: The City Manager submitted a
written report advising that Current Year and Prior Year Capital
Maintenance and Equipment Replacement Programs have identified
various operational needs for several City departments; the City
Manager, pursuant to authority designated by Council, may approve
expenditures less than $75,000.00 after funds have been appropriated
by Council; and the following items or projects have either been
competitively bid or will be bid in accordance with the procurement
provisions of the Code of the City of Roanoke, 1979, as amended:
400 ft. - Fencing at Public Works Service Center
Municipal South Upgrades
Neighborhood Park Equipment Replacement
$15,000.00
75,000.00
50,000.00
467
Improvement to Air Circulation at
Crisis Intervention Center
Operational Equipment for New Ambulance
Equip 13 Fire Pumpers with $" Diameter Hose
10 - Mobile In-Car Video Systems
COPE Team Equipment
25 Trash Receptacles for Parks and
Central Business District
Neighborhood Park Amenities to replace
deteriorated units
Stage Canopy for Special Events at
Elmwood Park
Starter Motor for Maintenance Shop Truck
Ambulance
14 Cubic Yard Self Contained Leaf Loader
Leaf/Debris Blower
1 - 6ft. Bushhog
1 - 7ft. X 14 ft. Cargo Trailer :
10 - Adult Study Tables
3 - Clerical Workstations
3 - Workstations
Workstation Replacement (Phase I)
24 Hour Chairs for 9-1-1 Employees
7 - Chairs for Building Inspectors
Miscellaneous Office Equipment
Workplace Violence Prevention Program (Phase I)
Roanoke River Center - Phase I
$ 5,000.00
2,947.00
60,000.00
35,000.00
48,995.00
20,000.00
50,000.00
3,000.00
5 000.00
62 053.00
15 000.00
4 700.00
3 000.00
4 200.00
4 680.00
10,800.00
9,000.00
26,396.00
7,428.00
1,218.00
14,500.00
10,000.00
30,000.00
Total $572,916.00
The City Manager recommended that Council appropriate
$572,916.00, as follows, for the above listed items and projects:
$30,000.00 from General Fund Prior Year Capital
Maintenance and Equipment Replacement Program to an
account to be established by the Director of Finance.
$542,916.00 from General Fund Current Year Capital
Maintenance and Equipment Replacement Program as
follows:
$15,000.00 to Building Maintenance Account No. 001-
052-4330-3056.
$5,000.00to Building Maintenance Account No. 001-052-
4330-3057.
ACTION:
$76,000.00 to Engineering Account No. 008-052-9556-
9003.
$2,947.00 to Fire/EMS Account No. 001-050-3521-9015.
$88,953.00 to Fleet Management Account No. 017-052-
2642-9015.
$60,000.00
$35,000.00
31t3-2035.
$48,995.00
3113-2061.
$5O,OOO.0O
4340-2049.
$73,000.OO
4340-3005.
$5,000.00 to Parks and Grounds Account No. 001-052-
4340-9015.
$4,680.00 to Library Account No. 001-054-7310-9015.
$10,800.00 to City Clerk Account No. 001-001-1120-9015.
$19,000.00 to Personnel Management Account No. 001-
002-1261-9015.
$26,395.00 to Commissioner of the Revenue Account No.
001-022-1233-9015.
$7,428.00 to Communications Account No. 001-050-4130-
9015.
$1,218.00 to Building Inspections Account No. 001-052-
341 O-2035.
$3,420.00 to Social Services Account No. 001-054-5314-
2035.
$11,080.00 to Social Services Account No. 001-054-5311-
9015.
to Fire/EMS Account No. 001-050-3213-9015.
to Police Department Account No. 001-050-
to Police Department Account No. 001-050-
to Parks and Grounds Account No. 001-052-
to Parks and Grounds Account No. 001-052-
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34108-120798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General, Capital Projects and Fleet Management
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 297.)
Mr. Trout moved the adoption of Ordinance No. 34108-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
469
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-PARKS AND RECREATION-EQUIPMENT: The City
Manager submitted a written report advising that the Current Year
Capital Maintenance and Equipment Replacement Program identified
the need to replace playground equipment in the following four
neighborhood parks: Fallon, Golden, Melrose and Norwich parks;
specifications were developed along with a request for bids; and bids
were received and publicly opened and read on November 4, 1998, in
the Office of Manager of Supply Management.
The City Manager recommended that Council authorize the
purchase of playground equipment from Miracle Recreational
Equipment Company, cio Site Concepts, Inc., at a delivered and
installed cost of $101,776.00; authorize a $20,000.00 contingency for
site preparation at four park facilities; appropriate $121,776.00 from
General Fund Current Year Capital Maintenance and Equipment
Replacement Program to Parks and Grounds, Account No. 001-052-
4340-9015; and 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 emergency budget ordinance:
(#34109-120798) 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 300.)
Mr. Trout moved the adoption of Ordinance No. 34109-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
470
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None -0.
(Council Member White was absent.)
Mr. Trout offered the following resolution:
(#34110-120798) A RESOLUTION accepting the bid of Miracle
Recreational Equipment Company, cio Site Concepts, Inc., for the
purchase of new playground equipment for use in four City parks, upon
certain terms and conditions; and rejecting the other bids made for
such equipment.
(For full text of Resolution, see Resolution Book No. 61, page 301.)
Mr. Trout moved the adoption of Resolution No. 34110-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ..................................................................... O.
(Council Member White was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS-TRANSPORTATION
SAFETY: The City Manager submitted a written report advising that the
State Transportation Safety Board awards state grants for districts
throughout Virginia for enhancement of selective DUI and occupant
enforcement efforts, and the Board awarded $10,000.00 to the City of
Roanoke during fiscal year 1997-98 for this purpose; the grant requires
the agency requesting funds to provide items and equipment necessary
to carry out selective enforcement; and while there are no formal local
matching funds involved, City vehicles, fuel, and police equipment are
utilized by officers working under this grant funding.
It was further advised that in Roanoke City, speed and alcohol
were a direct factor in 20% of automobile crashes (13,694) for the
period 1995 through 1997, with 3,179 injuries and 14 deaths; targeting
471
impaired drivers and encouraging proper seat belt usage can
significantly reduce injuries and deaths; local funding for overtime for
extra-duty assignments is limited and reduces the Police Department's
ability to conduct successful selective DUI enforcement; the State
TranspOrtation Safety Board approved Roanoke City's application for
grant continuation from October 1, 1998 to September 30, 1999, in the
amount of $12,000.00 on October 1, 1998; and with no local matching
funds, required, application was submitted pursuant to Section 2 - 124
of the Code of the City of Roanoke, 1979, as amended.
The City Manager recommended that Council appropriate
$12,000.00 of selective DUI and seat belt enforcement grant funds from
the State Transportation Safety Board to revenue and expenditure
accounts 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:
(#34111-120798) 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 302.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34111-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The
City Manager submitted a written report advising that the Roanoke City
Department of Social Services and the State Health Department entered
into an agreement in 1994 to establish an Eligibility Worker position
472
ACTION:
through the Department of Social Services to be placed at the Roanoke
City Health Department to assure that all citizens have an opportunity
to apply for Medicaid; and the service has been in operation for five
years.
It was further advised that the Roanoke City Department of Social
Services has employed and will continue to train and supervise a
worker who is located at the Health Department to execute applications
for Medicaid; the Outetationed Eligibility Worker currently attends six
clinic programs to take applications, determines eligibility, carries an
ongoing caseload of 115, and serves as a resource for Medicaid billing
issues; and the Roanoke City Health Department is satisfied with the
results of having an eligibility worker on location and wishes to
continue the service.
The City Manager recommended that he be authorized to
continue the services of the Outetetioned Eligibility Worker at the
Health Department; and that Council appropriate $29,986.00 for fiscal
year 1998-99 to revenue and expenditure accounts to be established in
the Grant Fund by the Director of Finance.
Salary $23,019.00
ICMA 3,322.00
FICA 1,761.00
Health Insurance 1,656.00
Dental Insurance 170.00
Disability Insurance 58.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34112-120798) 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 303.)
Mr. Trout moved the adoption of Ordinance No. 34112-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
473
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-EQUIPMENT:
The City Manager submitted a written report advising that the City of
Roanoke has received Program Grant No. 03CY03396101, in the amount
of $1,700.00, from the U. S. Department of Health and Human Services
to purchase computer equipment that will be used to comply with
Federal reporting guidelines as set forth by the Department of Health
and Human Services; the U. S. Department of Health and Human
Services awards one time grants for computer requirements; the grant
project period is from September 1, 1998 through August 31, 1999; and
goals are to comply with Federal electronic reporting guidelines of the
Department of Health and Human Services Runaway and Homeless
Youth Act, to enhance the ability of program management for the
Sanctuary Outreach Program, and to communicate more efficiently and
effectively.
The City Manager recommended that he be authorized to execute
the grant agreement and ancillary documents required to accept the
United States Department of Health and Human Services' Runaway and
Homeless Youth Program Grant No. 03CY0339961101; and that Council
appropriate $1,700.00 of Federal grant funds to Crisis Intervention
Center/Sanctuary Outreach Program revenue and expenditure accounts
to be established in the Grant Special Revenue Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34113-120798) 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 304.)
474
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34113-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None .0.
(Council Member White was absent.)
Mr. Hudson offered the following resolution:
(#34114-120798) A RESOLUTION authorizing the acceptance of
a grant from the United States Department of Health and Human
Services of one time supplemental funds for the purchase of computer
equipment to be used at the City's Crisis Intervention Center
(Sanctuary); and authorizing the execution of the necessary
documents.
(For full text of Resolution, see Resolution Book No. 61, page 305.)
Mr. Hudson moved the adoption of Resolution No. 34114-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ..................................................................... 0.
(Council Member White was absent.)
Vice-Mayor Harris requested statistics on the number of runaway
and homeless youth in the City of Roanoke.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager
submitted a written report advising that the 1998 Acts of Assembly
created the Virginia Children's Medical Security Insurance Plan
Program (CMSIP) under Federal authority of Title XXI of the Social
Security Act; Virginia's Title XXI plan, which is administered by the
Virginia Department of Medical Assistance Services (DMAS), was
475
approved on October 22, 1998, and was implemented on October 26,
1998; the Virginia Department of Medical Services has a contract with
the Virginia Department of Social Services to take applications for, and
to determine the eligibility of Insurance Plan Program applicants as well
as Medicaid applicants; children who are determined eligible for Title
XXl (CMSlP) are enrolled in the Medicaid Management Information
System (MMIS) computer system and receive an identification card
from MMIS, similar to a Medicaid identification card; and this card will
serve as notification to health care vendors of the child's eligibility for
the Insurance Plan Program.
It was further advised that the Virginia Department of Social
Services (VADSS) has allocated funding for the Virginia Children's
Medical Security Insurance Plan Program to localities utilizing a
formula which distributes funding based on the Iocality's percentage
of family and children and medically indigent Medicaid cases and its
percentage of children under the age of 17 living in poverty (1993
census estimates); the Virginia Department of Social Services has
estimated the total number of children under the age of 17 living in
poverty in Roanoke City is 7,107, and has allocated $53,496.00 to the
Roanoke City Department of Social Services for the Children's Medical
Security Insurance Plan for the remainder of fiscal year 1999, which
funds will not require a local match; and the Roanoke City Department
of Social Services will utilize its Insurance Plan Program allocation to
hire temporary personnel to take applications for, and to determine
eligibility of Insurance Plan Program applicants for the remainder of
fiscal year 1999.
The City Manager recommended that Council appropriate
$53,496.00 to Income Maintenance cost center 001-054-5313-2010, in
order to implement the Virginia Children's Medical Security Insurance
Plan Program; and increase the General Fund Revenue estimates by
$53,496.00 in Administration Benefit Programs, Account No. 001-020-
1234-0676.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34115-120798) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 General Fund Appropriations, and providing for
an emergency.
476
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 306.)
Mr. Hudson moved the adoption of Ordinance No. 34115-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None --0.
(Council Member White was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a written
report advising that the City's Office on Youth submitted a grant
proposal to the Department of Criminal Justice Services under the
grant program of Accountability-Based Supplement; the purpose of the
grant is to develop and implement a formal counseling program housed
in the Noel C. Taylor Learning Academy; the program will provide on-
site counseling services to high risk juveniles/students and their
families; the grant, in the amount of $35,000.00, does not require a local
match; the City's Office on Youth will administer the grant; Council
formally accepted the grant on November 16, 1998 by Resolution No.
34087; and appropriation of funds is required to implement the
program.
The City Manager recommended that Council appropriate
$35,000.00 in state grant funds, as follows, and provide a
corresponding revenue estimate in a grant fund account to be
established by the Director of Finance:
2010 Fees for Professional Services
2046 Local Mileage
2030 Administrative Supplies
$31,000.00
1,800.00
2.200.00
$35,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
477
ACTION:
(#34116-120798) 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 307.)
Mr. Harris moved the adoption of Ordinance No. 34116-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Council Member Swain requested additional information on the
Community-Family Counseling Center and System Analysis Program;
viz: how long has the program existed and has the program proven to
be effective in addressing the problems of youth.
CITY EMPLOYEES: The City Manager submitted a written report
in connection with providing additional holiday time for City employees
in December, 1998; whereupon, he recommended that all full-time City
employees be granted eight hours on Thursday, December 24, as
additional holiday time; that employees in the Fire-EMS Department
working the three platoon system receive 12 hours of holiday time
since their work schedule includes 40% more hours on duty per year
(2912 hours vs. 2080 hours); and in those areas where employees
cannot be off due to workload staffing requirements, holiday time can
be taken at a later date.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34117-120798) A RESOLUTION closing certain City offices on
Christmas Eve, December 24, 1998; and providing for additional
holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 61, page 308.)
478
ACTION:
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34117-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................ 0.
(Council Member White 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 October, 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 for October would be received and filed.
BUDGET: The Director of Finance submitted a written report
advising that the June 30, 1998 Financial Report stated that the
Department of Finance would continue its analyses of personal
property and other revenues in comparison with the estimates for fiscal
year 1999 and upon completion of the annual external audit, advise
Council as to whether revenue estimates should be adjusted; the
revenue estimate for fiscal year 1999 personal property revenue was
established and adopted before assessments and collections were
finalized for fiscal year 1998, thus, it was not possible to fully anticipate
the impact of change of the assessment book on personal property
revenues; now that the audit is complete, the Director of Finance
advised that he is of the opinion that personal property and bank stock
franchise tax revenues will not meet revenue estimates for fiscal year
1999; bank stock franchise taxes fluctuate annually based on the net
capital of banks in the Roanoke locality; collections dropped
· significantly in fiscal year 1998 and it is believed that collections for
fiscal year 1999 will be in a similar range; the real estate tax estimate
is being increased to anticipate the one-time collection of roll back
479
ACTION:
taxes prompted by the rezoning of property along Interstate 581; and
the under performance of personal property and bank stock franchise
taxes will be offset by various other revenues that are now believed to
exceed their estimates.
The Director of Finance recommended adoption of a budget
ordinance which reduces the personal property and bank stock
franchise tax and increases various other revenue estimates; the net
effect to the overall General Fund budget is zero; the adjustments will
not require an adjustment to funding for the School Administration; and
the difference will be settled between the original budgetary
commitment and actual revenues collected at the close of each fiscal
year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34118-120798) 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 309.)
Mr. Hudson moved the adoption of Ordinance No. 34118-120798.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ O.
(Council Member White was absent.)
AUDITS/FINANCIAL REPORTS-PENSIONS: The Director of
Finance presented the audited fiscal year 1998 Comprehensive Annual
Financial Reports for the City of Roanoke and the City of Roanoke
Pension Plan.
480
ACTION:
It was advised that the unaudited General Fund Capital
Maintenance and Equipment Replacement Program (CMERP) of
$3,470,392.00 as reported at the August 3, 1998, Council meeting is
unchanged; the unaudited School Fund Capital Maintenance and
Equipment Replacement Program (CMERP) of $1,379,555.00 as
reported is also unchanged; and these balances are available for future
appropriation ordinances to be approved by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The
motion was seconded by Ms. Wyatt and adopted.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
TRAFFIC-BUDGET-CITY EMPLOYEES-JEFFERSON CENTER:
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 a joint use parking
facility in the vicinity of the Jefferson Center complex; whereupon, he
recommended that Council approve the following actions:
Authorize the City Manager to execute a unit price
contract, in a form approved by the City Attorney, with
L. H. Sawyer Paving Co., Inc., in the amount of
$262,506.95, with a June 1, 1999, completion date and a
project contingency of $27,000.00 for construction of a
new parking lot located on the north side of Church
Avenue, between 5th and 6th Streets (66 spaces); the
project also proposes the expansion of an existing
parking lot located on Luck Avenue (48 new spaces); and
the parking lots will be lighted and landscaped.
Transfer $289,507.00 from Public Improvement Bonds
Series 1996 to Employee Parking Account No. 008-056-
9698.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
481
ACTION:
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34119-120798) 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 311.)
Mr. Swain moved the adoption of Ordinance No. 34119-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
Mr. Swain offered the following emergency ordinance:
(#34120-120798) AN ORDINANCE accepting the bid of L. H.
Sawyer Paving Co., Inc., for the construction of a new parking lot
located on the north side of Church Avenue, between 5th and 6th Streets,
and the expansion of an existing parking lot located on Luck Avenue,
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 312.)
Mr. Swain moved the adoption of Ordinance No. 34120-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
482
(Council Member White was absent.)
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES: Council
at its meeting on Monday, November 16, 1998, having tabled a report of
the Bid Committee in connection with bids received by the City for
construction of Peters Creek Road Fire/EMS Station No. 4, Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
communication requesting that Council remove the item from the table
for consideration.
The Bid Committee recommended execution of an agreement
with Williams Painting and Remodeling, Inc., in the amount of
$733,000.00, and 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 Williams Painting and Remodeling, Inc., of Roanoke,
Virginia, to construct the Peters Creek Road Fire/EMS
Station #4, in accordance with contract documents as
prepared by LMW, P. C., Engineering-Architecture,
Surveying of Roanoke, Virginia, in the amount of
$733,000.00 and 240 consecutive calendar days
construction time.
Appropriate the following funding from the 1996 General
Obligation Bond Issue to Capital Projects, Account No.
008-052-9677-9001, "Peters Creek Road Fire/EMS Station
No. 4'
Contract Amount
Project Contingency*
Reproduction of Contract
Documents (40 sets)
Total
$733,000.00
58,800.00
6.200.00
$798,OO0.00
*Project contingency includes funding for advertising,
telephone and other miscellaneous expenses.
Reject other bids received by the City.
As a response to certain concerns raised by Council Member
Wyatt at the Council meeting on Monday, November 16, 1998, the City
Manager submitted a written report advising that based on careful
483
ACTION:
review of the bids submitted for Fire/EMS Station #4, Williams Painting
and Remodeling, Inc., is the Iow bidder meeting all bid specifications;
Williams Painting and Remodeling, Inc., conforms with all requirements
of the bid request, and its bid package is complete, containing a bid
form, minority and women-owned business certification form,
employment project form, and appropriate bid security.
It was further advised that in 1995, the City Attorney's Office
strengthened the City's construction documents as to licensure
requirements for general contractors and subcontractors; the City
Attorney's Office has received correspondence dated November 20,
1998, from Stsn Barnhill, Woods, Rogers & Hazlegrove, Attorney,
representing Williams Painting and Remodeling, Inc., concerning his
client and the abovementioned bid; as indicated in Mr. Barnhill's
correspondence, Williams Painting which bid on the Fire/EMS Station
project is a new corporate entity incorporated in June 1998; and
Mr. Barnhill's correspondence indicates that Williams Painting has its
own policies for doing business, specifically a prohibition against
using unlicensed subcontractors on its projects.
The City Manager emphasized the importance of the project
moving forward, and concurred in Bid Committee's recommendations.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34121-120798) 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 313.)
Mr. Swain moved the adoption of Ordinance No. 34121-120798.
The motion was seconded by Mr. Hudson.
Council Member Wyatt advised that she previously raised
questions with regard to the past practice of Williams Painting and
Remodeling in contracting work to unlicensed subcontractors. She
stated that based on the information that Council received from the City
484
ACTION:
Manager, Williams Painting and Remodeling is now under new
management and observes a practice of monitoring its activities;
therefor, her previous questions have been addressed.
Ordinance No. 34121-120798 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None. 0.
(Council Member White was absent.)
Mr. Swain offered the following emergency ordinance:
(#34122-120798) AN ORDINANCE accepting the bid of Williams
Painting and Remodeling, Inc., for construction of the Peters Creek
Road Fire-EMS Station #4, 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 314.)
Mr. Swain moved the adoption of Ordinance No. 34122-120798.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................ 0.
(Council Member White was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
485
ACTION:
ZONING: Ordinance No. 34095, rezoning two tracts of land
located on Shenandoah Avenue, N. W., identified as Official Tax Nos.
6030107 and 6030108, from RM-2, Residential Multifamily District,
Medium Density District, to C-2, General Commercial District, subject
to certain proffers contained in an Amended Petition filed in the Office
of the City Clerk on October 19, 1998, having previously been before
the Council for its first reading on Monday, November 16, 1998, 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:
(#34095-120798) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 603, 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 283.)
Mr. Trout moved the adoption of Ordinance No. 34095-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ O.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM
DRAINS: Ordinance No. 34096, providing for acquisition of additional
property rights needed by the City in connection with construction of
the Roanoke River Interceptor Sewer Replacement Project; 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; and providing for conveyance to an entity
related to the original owners upon completion of the project, having
previously been before the Council for its first reading on Monday,
November 16, 1998, 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:
486
ACTION:
(#34096-120798) AN ORDINANCE providing for the acquisition of
additional property rights needed by the City in connection with the
construction of the Roanoke River Interceptor Sewer Replacement
Project; 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; providing for conveyance to
an entity related to the original owners upon completion of the project.
(For full text of Ordinance, see Ordinance Book No. 61, page 285.)
Mr. Trout moved the adoption of Ordinance No. 34096-120798.
The motion was seconded by Mr. Harris.
Mr. James Leonard, 1936 Hope Road, S. W., advised that at the
last meeting of Council on Monday, November 16, 1998, he objected to
the wording of the item as listed on the Council agenda, which included
only official tax numbers to identify the property and recommended
that full text addresses be used in the future for public information and
identification purposes. He recommended that Council table the item
pending receipt of information on current property owners, project
price, scope of work, the entity to which or to whom the property will
be conveyed for purchase and the resale price.
Council Member Wyatt, Chairperson, Water Resources
Committee, advised that the matter was discussed in meetings of the
Water Resources Committee, which meetings are open to the public.
She explained that the matter is the end result of considerable work by
City staff and the public has had access to the information.
The Mayor advised that future matters will be described in more
detail on the Council agenda; however, Council is currently considering
the second reading of Ordinance No. 34096 which was adopted by
Council on its first reading at the public hearing on Monday,
November 16, 1998, and considerable expense would be incurred if the
matter is tabled and readvertised for public hearing:
Ordinance No. 34096-120798 was adopted by the following vote:
487
ACTION:
AYES: Council Members Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Council Member White was absent and Council Member Hudson
abstained from voting.)
COUNCIL: Ms. Wyatt offered the following resolution providing
that the regular meeting of City Council scheduled to commence at
12:15 p.m., on Monday, December 21, 1998, shall commence at
2:00 p.m., on date:
(#34123-120798) A RESOLUTION providing that the regular
meeting of City Council scheduled to commence at 12:15 p.m. on
December 21, 1998, shall commence at 2:00 p.m., on the same date.
(For full text of Resolution, see Resolution Book No. 61, page 315.)
Ms. Wyatt moved the adoption of Resolution No. 34123-120798.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT-YOUTH: Council Member Swain
requested a briefing on City of Roanoke crime statistics and that the
briefing include statistics on incidents of crime committed by juveniles.
He inquired as to why the City's curfew ordinance is not strictly
enforced.
488
ACTION:
It was the consensus of Council that the matter would be referred
to the City Manager and the City Attorney for report to Council.
TRAFFIC-PARKS AND RECREATION: Council Member Hudson
called attention to a potentially dangerous situation at the West End
Park playground located at Campbell Avenue and Tenth Street. He
advised that there is no fence on the Campbell Avenue side of the
playground and there are occasions when children run into the street
to retrieve balls.
It was the consensus of Council that the matter would be referred
to the City Manager for appropriate response.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-COUNCIL: Mr. Robert Gravely, 1412
Moorman Road, N. W., addressed Council with regard to safety issues
in the City Council Chamber.
At 4:00 p.m., the Mayor declared the meeting in recess.
At 4:55 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 Council Member White and 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 Wyatt, Harris,, Hudson, Swain and
Trout- ................................................................................. 5.
NAYS: None ..........
(Mayor Bowers and Council Member White were absent .)
489
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Vice-Mayor advised that there is a vacancy on the Advisory Board of
Human Development created by the ineligibility of The Reverend Frank
Feather to serve another term, and called for nominations to fill the
vacancy.
Mr. Trout placed in nomination the name of Courtney A. Penn.
There being no further nominations, Mr. Penn was appointed as
a member of the Advisory Board of Human Development, for a term
ending November 30, 2001, by the following vote:
FOR MR. PENN: Council Members Wyatt, Harris, Hudson, Swain
and Trout .................................................................................... 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Vice-Mayor advised that the term of office of William C. Holland and
George M. McMillan as members of the Advisory Board of Human
Development expired on November 30, 1998, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of William C. Holland
and George M. McMillan.
There being no further nominations, Messrs. Holland and
McMillan were reappointed as members of the Advisory Board of
Human Development, for terms ending November 30, 2002, by the
following vote:
FOR MR. HOLLAND AND MR. MCMILLAN: Council Members
Wyatt, Harris, Hudson, Swain and Trout ........................................ 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Vice-Mayor
advised that there is a vacancy on the Industrial Development Authority
of the City of Roanoke created by the resignation of Russell O.
Hannabass, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Stark H. Jones.
49O
ACTION:
ACTION:
There being no further nominations, Mr. Jones was appointed as
a Director of the Industrial Development Authority of the City of
Roanoke, for a term ending October 20, 2002, by the following vote:
FOR MR. JONES: Council Members Wyatt, Harris, Hudson,
Swain and Trout- ........................................................................ 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that the terms of office of
Ronald H. Miller, Charles W. Hancock, Barbara N. Duerk, Allen T. Wilson
and Judy A. Bower as members of the Roanoke Neighborhood
Partnership Steering Committee expired on November 30, 1998, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Ronald H. Miller,
Charles W. Hancock, Barbara N. Duerk, Allen T. Wilson, and Judy A.
Bower.
There being no further nominations, Mr. Miller, Mr. Hancock,
Ms. Duerk and Mr. Wilson were reappointed as members of the
Roanoke Neighborhood Partnership Steering Committee, for terms
ending November 30, 1999, and Ms. Bower was reappointed as a
member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
FOR MR. MILLER, MR. HANCOCK, MS. DUERK, MR. WILSON,
MS. BOWER AND MS. PRINCE: Council Members Wyatt, Harris,
Hudson, Swain and Trout ............................................................ 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
death of Melvin C. Anderson, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Paula M. Prince.
491
There being no further nominations, Ms. Prince was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2001, by the following vote:
ACTION:
FOR MS. PRINCE: Council Members Wyatt, Harris, Hudson,
Swain and Trout .......................................................................... 5.
(Mayor Bowers and Council Member White were absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 5:00 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
492
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
December 21, 1998
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 21, 1998, at 2:00 p.m., 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, Reu_ ular Meetin_us. of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (t979), as amended, and pursuant to Resolution No.
34123-120798 adopted on Monday, December 7, 1998.
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.
Bowers. --7.
ABSENT: None ............................................................................. 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X Parsons,
Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend Melvin L. West,
Pastor, Church of the Harvest.
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 Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
493
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 White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET: A report of the City Manager with regard to the
proposed budget study schedule for fiscal year 1999-2000, was before
Council.
It was advised that the operating budget will be presented on
April 19, 1999, which is a regularly scheduled meeting of Council; and
since Council meetings are held on the first and third Mondays of each
month and public hearings are usually conducted on the third Monday,
the May 3, 1999 evening public hearing and the May 10, 1999 adoption
of the budget will, however, require special meetings.
The City Manager recommended that Council consider the
following proposed budget study schedule and take action on Monday,
January 4, 1999, to formally approve the schedule.
April 19, 1999
Public presentation of fiscal
year 1999-2000 recommended
budget, and update to the
Consolidated Plan (HUD budget)
to City Council by City Manager.
494
ACTION:
April 20, 1999
Advertisements of public
hearings on recommended
budget, tax rates and
Consolidated Plan update
appear in newspapers.
May 3, 1999
Public hearings on
recommended budget, tax rates
and update to the Consolidated
Plan.
** Requires Special Evening
(7:00 p.m.) Meeting of Council
May 4 - 7, 1999
Council budget study work
sessions.
May 10, 1999
Council adopts General Fund,
School Fund and Proprietary
Fund budgets, approves an
annual appropriation ordinance
and adopts the update to the
Consolidated Plan.
** Requires Special Meeting of
Council
(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,
Trout and Mayor Bowers .......................................................... 7.
NAYS: None .0.
COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A
communication from Fred P. Roessel, Jr., Ph.D., Executive Director,
Blue Ridge Community Services, recommending concurrence in the
495
ACTION:
reappointment of William L. Lee as an at-large member of the Blue
Ridge Community Services Board of Directors, for a term ending
December 31, 2001, was before Council.
It was advised that the term of office of Reverend Lee as an at-
large member will expire on December 31, 1998; the by-laws of the
Board of Directors require that at-large members be recommended by
the Board to the five participating localities, and all five local
governments must concur in the recommendation in order to confirm
an appointment; and at the December 3, 1998, Board of Directors
meeting, a resolution was adopted to recommend the reappointment of
Reverend Lee for a three year term of office as an at-large member.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the reappointment of the
Reverend William L. Lee for an additional three year term of office
ending December 31, 2001. 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: None ........................................................................ 0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, December 7, 1998, were before the body.
The Audit Committee considered the following items:
KPMG June 30, 1998 Reports:
City of Roanoke Letter of Recommendation on
Procedures and Controls
City of Roanoke Report to the Audit Committee
City of Roanoke Pension Plan Letter to the Pension
Committee
City of Roanoke Comparative Report Transmittal
Form
496
ACTION:
ACTION:
Financial Audits:
Grants Compliance
Fiscal Management
(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 White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .......................................................... 7.
NAYS: None
ECONOMIC DEVELOPMENT-OATHS OF OFFICE-COMMITTEES:
A report of qualification of John M. Stroud as a member of the
Economic Development Commission for a term ending June 30, 2001,
was before Council.
(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 White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers. -7.
NAYS: None ........ 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-YOUTH-SCHOOLS: John Brown, President, Board of
Directors, Northwest Child Development Center, appealed to Council
for one time only funding assistance to purchase the Northwest Child
Development Center property located at 1523 Melrose Avenue, N. W.,
which is currently owned by the Southwest Virginia Community
Development Fund. He explained that the Northwest Child
Development Center began its program on March 1, 1983, out of a non-
497
profit United Way affiliated agency; the Center operates Monday
through Friday, 6:00 a.m. to 6:00 p.m., accommodating up to 100
children ranging in age from 18 months to five years in the preschool
program and ages six to 12 in the before and after school program. He
advised that services include activities designed to promote the
intellectual, physical, social and emotional growth of the average child.
Vernon M. Danielsen, Past Member, Board of Directors,
Northwest Child Development Center, advised that he has been
associated with the Center for approximately six years in which
capacity he addressed the financial operation of the Center. He stated
that approximate value of the property as listed on the City's tax roles
is $300,000.00, although a final appraisal has not been received. He
called attention to needed improvements such as expanding the
playground, adding playground equipment, structural improvements,
etc., and it is believed that the property can be purchased, along with
necessary improvements, for approximately $400,000.00; whereupon,
he requested the City's funding assistance on a one time basis.
The Reverend Quentin White, parent of three former students of
the Northwest Child Development Center, who are now enrolled in City
schools, advised that the Center did an excellent job in preparing his
children for their careers in the Roanoke City Public School System.
He urged that Council give favorable consideration to the request.
Mr. Trout moved that the matter be referred to the City Manager
for study, report and recommendation to Council with regard to funding
sources for a one time grant and funding sources for a long term loan.
The motion was seconded by Mr. Hudson and unanimously adopted.
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.
$53,064.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, district-wide facility maintenance, vehicle
replacement, and facility improvements to Huff Lane Micro
Village and Ruffner Middle School.
498
ACTION:
$34,659.00 for the School Health Incentive grant to provide
for an increase in the physical health care services in
elementary and secondary schools. This new program is
funded by state funds.
$1,000.00 for the Let's Talk Program to provide enrichment
for economically disadvantaged students through
educational field trips. This continuing program is funded
with a donation from the Downtown Kiwanis Club.
$56,335.00 for the Technology Literacy Challenge grant to
develop individual competencies and training in
instructional technology for 220 teachers in grades K - 2
in order to improve the academic and technological
achievement of the district's primary students. This
continuing program will be funded with 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:
(#34124-122198) 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 317.)
Mr. Trout moved the adoption of Ordinance No. 34124-122198.
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: None ....... 0.
499
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
SEWERS AND STORM DRAINS: The City Manager submitted a
written report in connection with upgrading and expanding of the Water
Pollution Control Plant to 62,000,000 gallons treatment capacity per
day, advising that the contractor for the project is Danis Environmental
Industries, Inc., in the amount of $16,690,000.00, with a specified time
of 730 consecutive calendar days for completion of the work.
It was further advised that the following additional items have
been identified as part of the required work on the project and need to
be approved for payment:
Item 8 of Change Order No. 3 was for sandblasting the
interior of Secondary Digester No. 5 (used to collect and
store methane gas for plant use); the consultant specified
50 mil coating of modified polyurethane coating to close
the cracks in the concrete walls of the digester; however,
once this was done, the walls still leaked; the
manufacturer of the coating was consulted and his
recommendation was to apply an additional 50 mil
thickness of coating, which was done and the tank now
holds gas; and cost for the additional coating is $7,053.00.
Digester No. 4 was found to be the same as No. 5 once it
was uncovered and emptied; and to sandblast and provide
and install 100 mils of modified polyurethane to the
interior walls of Digester No. 5 is $27,861.00.
Forming costs for suspended gullet slab which was not
clear in the contract documents; the estimator had
assumed a gullet slab on grade, not suspended as
required; and price of form work and shoring is $3,365.00.
5OO
ACTION:
It was explained that the total amount of Change Order No. 4 is
$38,279.00; and Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have
reviewed the changes and recommend approval for payment.
The City Manager recommended that he be authorized to issue
Change Order No. 4 to the contract with Danis Environmental
Industries, Inc., in the amount of $38,279.00, with no change in the
contract time of completion; total contract amount would be
$16,946,891.00, and a completion date of November 5, 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%) $14,278.07
(29.2%) 11,177.47
(20.9%) 8,000.31
(7.0%) 2,679.53
(5.6%) 2.143.62
$38.279,00
Total of Change Order No. 4
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34t25-t22198) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 4 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 319.)
Mr. Trout moved the adoption of Ordinance No. 34125-122198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................. 0.
(Council Member White was out of the Council Chamber.)
501
ACTION:
Mr. Swain inquired as to the life expectancy once the
polyeurathane coating is applied; whereupon, the Director of Utilities
and Operations advised that he would research the matter and respond
to Mr. Swain's question accordingly.
BUDGET-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The
City Manager submitted a written report advising that Council
authorized a Regional Radio System on May 12, 1997, during approval
of the fiscal year 1997-98 budget; the Intergovernmental Agreement
between Roanoke City and Roanoke County was executed for
installation of a Regional Radio System on December 16, 1997; a
contract with Motorola, Inc., was executed for installation of the
Regional Radio System on December 17, 1997; the project is currently
on schedule and is due to be activated for Phase I, Fire and EMS in
January 1999; $1,031,780.00 was included in Transfers to Capital
Projects Fund as part of the adopted General Fund budget; and
budgeted funding of $1,031,780.00 needs to be appropriated to the
proper Capital Projects Fund account.
The City Manager recommended that Council appropriate
$1,031,780.00 in Capital Projects Fund Account No. 008-050-9614-9003,
Regional Radio System Capital Radio Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34126-122198) 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 320.)
Mr. Harris moved the adoption of Ordinance No. 34126-122198.
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.
5O2
ACTION:
FIRE DEPARTMENT-CITY PROPERTY: The City Manager
submitted a written report advising that the City of Roanoke owns a
historic building located at t18 Campbell Avenue, S. W.; a fire escape,
which is no longer used or needed, is located at the rear of the
building;' and the obsolete fire escape which encroaches on adjacent
property owned by Shenandoah Building Associates, L. P. (SBA) needs
to be removed to facilitate future sale of the property.
It was further advised that a permit agreement allowing removal
of the fire escape by the City has been prepared by the City Attorney
and has been executed by the adjacent property owner; a condition of
the permit agreement required by Shenandoah Building Associates
states that the City must indemnify Shenandoah Building Associates
against any damage to their property, property of others, or personal
injury as a result of the City's use of their property in the removal of the
fire escape; and the Building Maintenance Department has solicited
quotes on removing the fire escape and the lowest bid was submitted
by Alan L. Amos, Inc., in the amount of $2,655.00.
The City Manager recommended that he be authorized to execute
the permit agreement containing the indemnification language.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34127) AN ORDINANCE authorizing the City Manager to
execute a Permit Agreement containing indemnification language to
provide for the removal of a fire escape on the rear portion of the
structure on real property identified by Official Tax Map No. 1011512,
commonly known as 118 Campbell Avenue, S. W.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None. .0.
503
ACTION:
BUDGET-WATER RESOURCES: The City Manager submitted a
written report advising that the Water Department requested the
assistance of the Office of City Engineer to design and construct a
stock metal storage building to house materials and equipment that
should not be stored in the main buildings; the cost of the building
should not exceed $30,000.00; the building is needed primarily for
storage of spare parts for plant equipment; the City Engineer's Office
prepared contract documents and solicited bids from four metal
building dealers and constructors; and R. A. Howard Construction of
Elliston, Virginia, submitted the Iow bid in the amount of $29,950.00.
The City Manager recommended that Council authorize
appropriation of $33,000.00 from the Water Department Retained
Earnings account, to a Capital Account entitled, "Metal Building for
Carvins Cove Water Treatment Plant".
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34128-122198) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 321.)
Ms. Wyatt moved the adoption of Ordinance No. 34128-122198.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
DIRECTOR OF FINANCE:
BUDGET-CITY SHERIFF-PENSIONS: At the request of the
Director of Finance, the Mayor advised that a report with regard to
providing a $159.00 per month supplement to certain retirees of the City
Sheriff's Department would be withdrawn.
5O4
REPORTS OF COMMITTEES:
BUDGET-BRIDGES: 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 the Brambleton Avenue Bridge Replacement Project.
It was advised that the City of Roanoke Bridge Inspection
Program identifies replacement and maintenance needs; one bridge
with the highest priority needs to be replaced at Brambleton Avenue
over Murray Run; the project consists of replacing the bridge over
Murray Run on Brambleton Avenue at Fishburn Park; and Brambleton
Avenue traffic will be detoured temporarily into Fishburn Park during
construction.
The Bid Committee recommended that Council take the following
actions:
Authorize the City Manager to execute a unit price
contract, in a form approved by the City Attorney, with
Allegheny Construction Company, Inc., for the Brambleton
Avenue Bridge Replacement Project, in the amount of
$432,046.50 and 120 calendar days for completion of the
work, with a project contingency of $55,000.00 ($11,400.00
is for inspection and construction administration).
Transfer $299,373.00 from the following completed project
accounts to Account No. 008-052-9551-9001, Three Bridge
Replacements:
Wasena Bridge Rehabilitation
Walnut Avenue Bridge Replacement
Jefferson Street Bridge
008-052-9546 $ 73,876.00
008-052-9684 179,308.00
008-052-9698 46.189.00
$299.373.00
Appropriate from Bell Atlantic, Inc., $25,477.00 for utility
adjustment; and establish a receivable in the same
amount.
Transfer $162,197.00 from the sale of Series 2000 bonds
Account No. 008-052-9709-9190 to the same account.
505
Adopt a resolution declaring the City's intent to reimburse
itself $162,197.00 from the proceeds of the sale of Series
2000 general obligation bonds; and maximum principal
amount of debt expected to be issued for the Brambleton
Avenue Bridge Replacement Project is $350,000.00
Reject the other bids received by the City.
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:
(#34129-122198) 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 322.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34129-122198.
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.
Mr. Swain offered the following emergency ordinance:
(#34130-122198) AN ORDINANCE accepting the bid of Allegheny
Construction Company, Inc., for the Brambleton Avenue Bridge
Replacement Project, 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 323.)
506
ACTION:
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34130-122198.
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.
Mr. Swain offered the following resolution:
(#34131-122198) 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 in connection with the Brambleton Avenue Bridge Replacement
Project and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 61, page 324.)
Mr. Swain moved the adoption of Resolution No. 34131-122198.
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.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
LICENSES-TELEPHONE EQUIPMENT: Ordinance No. 34105,
authorizing the City Manager to execute on behalf of the City a
Temporary Nonexclusive Revocable License Agreement with Hyperion
Telecommunications of Virginia, Inc., for construction, maintenance
and operation of telecommunications facilities in the City's rights-of-
5O7
ACTION:
way, having previously been before the Council for its first reading on
Monday, December 7, 1998, 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:
(#34105-122198) AN ORDINANCE authorizing the City Manager
to execute on behalf of the City a Temporary Nonexclusive Revocable
License Agreement with Hyperion Telecommunications of Virginia, Inc.,
for the construction, maintenance, and operation of
telecommunications facilities in the City's rights-of-way.
(For full text of Ordinance, see Ordinance Book No. 61, page 316.)
Mr. Trout moved the adoption of Ordinance No. 34105-122198.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Trout offered
the following resolution appointing Stark H. Jones as a Director of the
Industrial Development Authority of the City of Roanoke, Virginia, for
a term of four years commencing December 7, 1998, and expiring
October 20, 2002:
(#34132-122198) A RESOLUTION appointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four (4)
year term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 61, page 326.)
Mr. Trout moved the adoption of Resolution No. 34132-122198.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
5O8
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
BUDGET-COMMUNITY PLANNING: Council Member Swain
inquired as to the status of a previous request by Council Member
Wyatt regarding an update to the City's Comprehensive Land Use Plan;
whereupon, the Director of Public Works, advised that the position of
Chief of Community Planning has not been filled; however, it is
anticipated that the interview process will begin in the near future. He
stated that a major project such as an update to the City's
Comprehensive Land Use Plan would be better served if the position
of Chief of Community Planning has been filled, and the
Comprehensive Plan update will be one of the first projects that the
new Chief of Community Planning will be requested to address.
Council Member Wyatt advised that it has been reported by City
staff that the services of a professional consultant to update the plan
may be necessary and could cost in the range of $150,000.00;
therefore, she requested that the matter be referred to 1999-2000
budget study.
Following discussion, it was the consensus of Council that the
question of funding for an update to the City's Comprehensive Land
Use Plan would be referred to 1999-2000 budget study.
BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that at
a recent meeting of the Mayors' Committee for Persons With
Disabilities, it was reported that a drop-in center for persons with
mental health problems was required to vacate the premises of its
current location. He requested that the City Manager contact
appropriate officials at Blue Ridge Community Services to determine
if the City may render temporary assistance.
ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member
Harris advised that on Monday, December 14, 1998, Council Members
and certain City staff toured the GilmerlHarrison neighborhood, and
expressed appreciation to those members of Council and City staff who
participated. He stated that another neighborhood tour will be
scheduled in the spring of 1999.
509
PARKS AND RECREATION-COUNCIL: Council Member Harris
advised that the Comprehensive Parks and Recreation Master Plan
information gathering stage is about to come to a conclusion and
requested that Council Members be provided with a briefing;
whereupon, the City Clerk was requested to poll the Members of
Council in regard to holding a work session in mid February, 1999.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 3:05 p.m., the Mayor declared the meeting in recess.
At 3:15 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session 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 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 White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Mayor advised that there is a vacancy on the Personnel and
Employment Practices Commission created by the resignation of
James E. Blackwell, Jr., and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of William C. Holland.
There being no further nominations, Mr. Holland was appointed
as a member of the Personnel and Employment Practices Commission,
for a term ending June 30, 2001, by the following vote:
FOR MR. HOLLAND: Council Members-White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
510
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that there are two vacancies on the Youth Services Citizen Board
created by the resignations of Corinne B. Gott and Elaina Duckett, and
called for nominations to fill the vacancies.
ACTION:
Ms. Wyatt placed in nomination the name of Jonathan Katz.
Mr. Trout placed in nomination the name of Roland Lovelace, Jr.
There being no further nominations, Mr. Katz was appointed for
a term ending May 31, 2001; and Mr. Lovelace was appointed for a term
ending May 31, 2000 as members of the Youth Services Citizen Board,
by the following vote:
FOR MESSRS. KATZ AND LOVELACE: Council Members White,
Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .................. 7.
plml
At 3:20 p.m., the Mayor declared the meeting in recess until 7:00
On Monday, December 21, 1998, at 7:00 p.m., the Roanoke City
ABSENT: Mayor David A. Bowers ......................................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor Harris.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Vice-Mayor
C. Nelson Harris .......................................................................... 6.
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, Vice-
Mayor Harris presiding.
511
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BILLINGS AND COLLECTIONS-COMPLAINTS: Ms. Linda W.
Easterling, 1044 Morehead Avenue, S. E., addressed Council in
connection with provisions of Ordinance No. 33831-051898 adopted on
May 18, 1998, which established a rate schedule for certain water and
sewer services. She stated that the ordinance is unfair to home owners
and under special circumstances, home owners should not be required
to pay a deposit for water and sewer connections. She requested a
refund of the $170.00 deposit and the $30.00 connect fee which she was
required to pay by the Department of Billings and Collections.
(See communication on file in the City Clerk's Office.)
Without objection by Council, the Vice-Mayor advised that the
remarks of Ms. Easterling be referred to the Director of Finance for
report to Council.
CITY EMPLOYEES-PENSIONS: Ms. Angela Norman, a City
employee, appeared before Council on behalf of 169 City employees
who are disappointed that their first request to increase the pension
multiplier by five per cent for those employees currently enrolled in the
old Employee's Retirement System was denied. She advised that
employees in the old retirement system are being penalized as opposed
to being offered a window of opportunity to change to the new
retirement plan which is a personal decision with multiple factors that
will impact the employee's life and lifestyle. She pointed out that in a
report to Council dated November 16, 1998, the Director of Finance
emphasized that the one major enhancement to the old retirement
system was made on October 1, 1977, to change vesting from 20 years
to ten years; however, currently, all full time City employees are vested
with five years of services, therefore, that particular enhancement, over
20 years ago, is now nullified. She stated that the disparity that is
being allowed and supported between the three tiers of City employees
must be rectified and pointed out that the community and some City
employees were led to believe, due to an erroneous newspaper report,
that all City employees would receive the five per cent retirement
multiplier. She asked that Council reconsider her previous request to
increase the pension multiplier by five per cent for those 169
employees in the Employees' Retirement System (old system) based on
512
equality for all City employees. She stated that the request is
applicable to a small number of employees and involves a small
amount of funds and in view of the fact that there are millions of dollars
in the retirement account, there is no valid reason to deny the request.
(See statement on file in the City Clerk's Office.)
Inasmuch as the Director of Finance had previously responded
to the request of Ms. Norman by report dated November 16, 1998, the
Vice-Mayor advised that Ms. Norman's remarks would be received and
filed.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 198t, the City Clerk having advertised a
public hearing for Monday, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of JJ & T
Partnership to amend a condition proffered in conjunction with
Ordinance No. 33012-070196 adopted on July 1, 1996, to rezone a tract
of land lying on the southerly side of Campbell Avenue, S. E., bearing
Official Tax No. 4011103, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke TribunQ on Thursday,
December 10, 1998.
(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 to amend the proffered condition to rezoning is
to provide for use of a second building on the site which formerly was
used as a convenience store (Spur Station), was before Council.
It was further advised that the original rezoning addressed two
parcels of land; however, proffers applied to only one of the parcels,
Official Tax No. 4011103, which is the subject of the current petition;
rather than continuing the existing legal, non-conforming use, which
could have included cosmetic and safety upgrades to the property, the
petitioner sought to rezone the property in order to construct a new
convenience store; the petitioner requested to rezone the property to
513
ACTION:
C-3, Central Business District, in order to construct a new building for
use as a neighborhood convenience store and to continue the use of
the gasoline islands as a non-conforming use; to make the proposed
use as harmonious as possible with the C-3, Central Business District,
the petitioner proffered that there would be only one permitted use on
the property and when the new convenience store is built and
occupied, the former Spur Station would be used for storage only or
removed from the site.
The City Planning Commission recommended that Council
approve the requested repeal of proffer and substitution of the new
proffer with amendments as agreed to by the petitioner's attorney.
(For full text, see report on file in the City Clerk's Office.)
Alton B. Prillaman, 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:
(#34133) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-3, Central Business District.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
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. 34133 was adopted, on its first reading, by the following
vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent.)
514
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, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke Redevelopment and Housing Authority to rezone a tract of
land located on the east side of Kimball Avenue, N. E., bearing Official
Tax No. 3030101, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke Tribune on Thursday,
December 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that copy of
the Planning Commission's report on the above matter was revised to
correct a typographical error in the tax number of the property
requested for rezoning; due to an error in the public notice and
ordinance prepared for Council which referred to the wrong tax
number, Council has not technically acted on the City Planning
Commission's report and recommendation previously referred to
Council for action on October 19, 1998; and because of the error, the
rezoning had to be readvertised for public hearing and a hearing must
be held pursuant to the revised public notice, was before Council.
The City Planning Commission requested that Council take
formal action on the matter and approve the applicant's request to
rezone the subject property, as recommended by the City Planning
Commission.
A further report of the City Planning Commission advising that
the Roanoke Redevelopment and Housing Authority (RRHA) states that
it has owned and attempted to sell property described as Official Tax
No. 3030101 under its present HM, Heavy Manufacturing District, zoning
classification for over 25 years without success; and the Housing
Authority has recently reached a tentative agreement of sale with an
adjacent landowner, Shively Electric Company, owner of the parcel of
land (3030201) which lies adjacent to the southerly boundary of the
undeveloped section of McDowell Avenue, N. W., was before Council.
515
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.)
Fred A. Johnson, III, Director of Development, Roanoke
Redevelopment and Housing Authority, appeared before Council in
support of the request.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34134) AN ORDINANCE repealing Ordinance No. 34057-110298,
and amending §36.1-3, Code of the City of Roanoke (1979), as amended,
and Sheet No. 303, 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 329.)
The motion was seconded by Mr. Swain.
The Vice-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. 34134 was adopted, on its first
reading, by the following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers 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, December 21, 1998, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City
Planning Commission to rezone 15 parcels of land located in the 1700
block of Loudon Avenue, N. W., Official Tax Nos 2211901 - 2211907,
inclusive, and 2211312 - 2211319, inclusive, from LM, Light
Manufacturing District, to RM-1, Residential Multifamily, Low Density
District, the matter was before the body.
516
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 3 and Thursday,
December 10, 1998, and in the Roanoke Tribune on Thursday,
December 10, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purposes of the request for rezoning are to promote the intent of the
City's Comprehensive Plan and zoning regulations and to further
general welfare and good zoning practices by making the existing use
of the subject properties consistent with the proper zoning category,
ensuring that the subject properties will be used in the future in a
manner that will not negatively impact adjoining properties, and
facilitating preservation of and improvements to the neighborhood, was
before Council.
The City Planning Commission recommended that Council
approve the proposed rezoning, advising that the area proposed to be
rezoned is a viable residential neighborhood, the neighborhood not
only would be conserved but also improved through implementation of
a community revitalization project by Blue Ridge Housing Development
Corporation, and affordable new housing which is sensitive to existing
neighborhood character would result.
(For full text, see report on file in the City Clerk's Office.)
Evelyn S. Lander, Agent, City Planning Commission, appeared
before Council in support of the request.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34135) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 221, 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 330.)
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 for rezoning. There being
none, Ordinance No. 34135 was adopted, on its first reading, by the
following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ........................................................................ 0.
(Mayor Bowers was absent.)
CITY PROPERTY-INDUSTRIES: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, December 21, 1998, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of the City of Roanoke to consider conveyance of real estate identified
as a portion of Official Tax No. 1010310 commonly known as a track of
land located at the northwest corner of Norfolk Avenue and First Street,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, December 13, 1998.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Manager advising that the matter relates to
an economic development project adjacent to the proposed Railside
Linear Walk that Council was briefed on at the December 7, 1998
meeting; and it is anticipated that a measure will be brought to Council
for consideration and action in January, 1999, at which time a formal
agreement between the City and the developer will have been
negotiated.
(For full text, see report on file in the City Clerk's Office.)
The Vice-Mayor advised that the public hearing does not require
any action on the part of Council this evening, but is being held to
satisfy a statutory requirement of the General Assembly that any time
518
the City considers selling real estate, a public hearing must be held
prior to Council's formal consideration of a contract. He stated that
there is no formal contract before the Council at this time and the
public hearing is being held to receive the views of citizens.
Mr. James Leonard, 1935 Hope Road, S. W., advised that he has
a vested interest in the matter because he owns one of the buildings
located along warehouse row. He expressed concern with regard to
conducting a public hearing based on a newspaper article, and stated
that he has not had an opportunity to review the contract, therefore, he
does not know the appropriate questions to raise. He requested that
action on the matter be deferred until the next regular meeting of
Council on Monday, January 4, 1999.
The Assistant City Attorney was requested to provide
clarification with regard to the requirement for the public hearing;
whereupon, he advised that by virtue of an amendment to the Code of
Virginia, 1950, as amended, Section 15.2-1800 was enacted in 1997
which requires that a City Council must hold a public hearing pursuant
to public notice when the governing body is considering the
disposition of real property. He stated that there is no requirement that
the formality of the contract, etc., be included in the public notice, the
only requirement being that the public hearing will be held. He further
stated that no formal action is requested of the Council this evening
and the public hearing provides an opportunity for citizens to be heard
on the proposed transaction and if a formal contract is presented,
citizens will have an opportunity to be heard.
E. Douglas Chittum, Economic Development Specialist, advised
that it is anticipated that a negotiated contract will be submitted to
Council in approximately 30 - 45 days inasmuch as certain
technicalities have not been resolved.
The Vice-Mayor invited Mr. Leonard to ask questions of City staff;
whereupon, Mr. Leonard requested a summary of the salient facts.
Mr. Chittum explained that within the past year the City
purchased a small parcel of land on the corner of Norfolk Avenue and
First Street in regard to construction of the railside linear walkway; and
approximately one month ago, the Economic Development Department
was approached by a local developer, Sam Lionberger, III, who is
negotiating to purchase an adjoining warehouse and develop the
519
structure for relocation of a downtown company, DSC, Inc. He stated
that there have been newspaper articles regarding the project that
resulted from the legal advertisement for the public hearing. He
explained that there have been negotiations with Mr. Lionberger that
the City sell approximately 1000 square feet, fee simple land and air
rights easement across the parcel of land for the purpose of
constructing an addition to the warehouse that DSC, Inc. wishes to
develop.
Mr. Leonard read the following excerpt from a communication
from the City Manager addressed to Council under date of
December 21, 1998, as follows: "Currently, negotiations between the
developer and the tenant and the City's Architectural Review Board are
very sensitive. Therefore, I suggest that comments and discussion
related to this exciting project be reserved for the future meeting where
your action will be required to make this project a reality." Mr. Leonard
advised that the City Manager's statement does not appear to be in the
spirit of a public hearing.
Mr. Robert Zimmerman, 912 Salem Avenue, S. W., advised that
as a property owner along this highly publicized piece of land, he was
disappointed that he was not notified of the proposal. He stated that
property owners in the area would like to have additional land for
parking; and in this instance, it appears that property might be sold to
one individual, but not offered for sale to other property owners. He
requested that he be kept informed as to the future progress of the
matter.
The Vice-Mayor requested that Mr. Leonard and Mr. Zimmerman
be notified as to any proposed future action by Council.
OTHER HEARING OF CITIZENS:
CITY EMPLOYEES-PENSIONS: Mr. Wilbur Drewery, a former City
employee, having previously withdrawn his request to address Council
with regard to health insurance benefits for City retirees, he appeared
before the body and advised that he would resubmit his request to
address the matter after January 1, 1999.
52O
There being no further business, the Vice-Mayor declared the meeting
adjourned at 7:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowem
Mayor
521
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January4,1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
January 4, 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, Re_uular
Meetin_~s. 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, Linda F. Wyatt and Mayor David A. Bowers .................... 6.
ABSENT: Council Member William White, Sr.- .......................................... 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.
TRAFFIC-DOWNTOWN ROANOKE, INCORPORATED: The City Manager
introduced a briefing on downtown traffic patterns. He advised that the project was
approved by Council in 1995 as a part of the Capital Improvements Program
included in the bond referendum that was approved by the voters, the bonds have
since been sold, and $1,350,000.00 was set aside for the project. He explained that
the City Code provides that the City Manager has full authority to change the traffic
pattern in downtown, but inasmuch as Council will be requested to approve funds
to implement traffic upgrades and changes, this is an interim step to insure that
Council is fully briefed on the proposed recommendations.
Robert K. Bengtson, Traffic Engineer, advised that there are approximately
150 signalized intersections in the City of Roanoke, approximately 44 intersections
in downtown are interconnected and coordinated and each intersection has a box
located on the corner of the street containing a control unit, and it is proposed to
use $1,350,000.00 of bond funds to replace the control units inside the metal boxes
and the master computer that directs these units through interconnecting wires
under City streets. He explained that all of the signals are linked together to provide
a system which was installed approximately 20 years ago and has fallen into
disrepair, replacement parts are hard to locate, and the City has reached the point
where a new traffic signal system is necessary.
522
Mr. Bengtson called attention to the issue of changing some downtown streets
from one way traffic flow to two way traffic flow as pointed out in the "Outlook
Roanoke Plan," and a task force composed of the following persons was appointed
to study the matter.
Steve Lemon, property owner
Richard Wells, property owner
Less Oakey, American Electric Power
John P. Bradshaw, Former Member, City Planning Commission
Rob Callahan, restauranteur
David Hill, property owner
Matt Kennell, Downtown Roanoke, Inc.
Chip Holdren, Valley Metro
William F. Clark, City Director of Public Works
Evie Lander, Acting Chief, City Planning and Community Development
Bob Bengtson, City Traffic Engineer
Wendy Jacabson, Facilitator, Virginia Tech
Mr. Bengtson reviewed the following public input opportunities:
An open house was held in a Salem Avenue storefront on June 16,
t998. Downtown employees and property owners were invited to drop
in to ask questions and offer opinions on traffic flow options.
Approximately 50 people attended. Survey forms were made available
to document the opinions of interested persons.
Newspaper coverage by The Roanoke Timea on June 25, 1998, reported
on some of the challenges and opportunities for two-way traffic.
A survey was included on the Internet through Roanoke. Com.
523
The August edition of The City Show on RVTV (Channel 3) included a
segment on the issue. Citizens were given a telephone number to call
to give their input.
The City Page section of The Roanoke Times included two articles on
the issue and requested input from the public.
Mr. Bengtson reviewed various alternatives studied by the Task Force; viz:
(A) Change from one way traffic to two way traffic flow on Salem
Avenue (from Williamson Road to 6th Street, S. W.) and Campbell
Avenue (from 2nd Street to 5th Street, S. W.). This includes
signalization of the Williamson Road/Salem Avenue intersection.
(B) Change from one way traffic to two way traffic flow on Salem
Avenue (from Williamson Road to 6th Street, S. W.) and Campbell
Avenue (from Williamson Road to 5th Street, S.W.). This includes
signalization of the Williamson Road/Salem Avenue intersection.
(C) No changes to the traffic flow on Salem Avenue and Campbell
Avenue.
Mr. Bengtson advised that Alternative A as above described is proposed for
Council's consideration.
(See City Manager's report on file in the City Clerk's Office.)
Question was raised as to the feasibility of closing the City Market Square;
whereupon, R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc.,
advised that the question has come up in the past in conjunction with each planning
study that has been conducted over the past 15 years and the recommendation
continues to be that the Market Square should not be closed. He stated that a
number of cities have tried to close their market areas and while such action might
have been successful for a short period of time, over the long term, it has proven not
to be feasible particularly in an area where there is considerable retail business. For
such events as Dickens of a Christmas and other peak activity events, he called
attention to the need to better define a way to close off the Market Square, or to
provide for a more permanent barricade type of system.
524
In regard to a proposed time frame, Mr. Bengtson advised that it would be
anticipated to have the project underway during the summer of 1999 with some
repaying of downtown streets to occur and the project could be completed by the
end of 1999; however, that would not include the entire downtown signal system
which is proposed for completion in the year 2000.
Question was raised as to any legal liability that the City might incur if
downtown traffic patterns are changed; whereupon, the City Attorney advised that
the City has governmental immunity in respect to planning, and traffic signalization
is a part of the planning function of City government. He stated that with the proper
educational efforts, any increase in public liability would be unlikely.
The Mayor inquired if changing the downtown traffic pattern should be
considered at a public hearing of Council; whereupon, the City Attorney advised that
there is no legal requirement for a public hearing, however, an advertisement could
be prepared if that is the will of the majority of Council.
John P. Bradshaw, Member of the Task Force, spoke against conducting a
public hearing because the issue was discussed thoroughly by the Task Force
which was composed of a broad sector of representation with significant public
input for over a year. He stated that changing the traffic pattern from west of Second
Street on Campbell Avenue and the left turn from Williamson Road to Salem Avenue
should have been enacted years ago, and the proposed changes in the traffic pattern
on Campbell Avenue and Salem Avenue represent a compromise between American
Electric Power and Valley Metro, citizen input, and discussions with representatives
of Downtown Roanoke, Inc. He spoke in support of Alternative A as proposed by the
City Manager.
Following discussion, it was the consensus of Council that a public hearing
would be held on Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the City Council Chamber, with regard to changing
downtown traffic patterns.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
HOUSING/AUTHORITY-GRANTS: Frank E. Baratta, representing the Office of
Grants Compliance, addressed Council with regard to the Department of Housing
and Urban Development (HUD) Funds Allocation Policy which provides a framework
for the budgeting process for Community Development Block Grant and HOME
Investment Partnership funds received by the City. He reviewed the following four
steps in development of the HUD policy; viz:
525
(1) The Office of Grants Compliance prepared a policy and briefed
Council in January 1998.
(2) The policy was implemented as part of the 1998-99 budgeting
process. Two new practices included in the policy were to be phased
in. One set a $6,000.00 minimum for funding requests and awards. The
other set a three year limit for funding human services and similar
programs. These would not be applied to existing programs until after
public input had been obtained. (Human services are often where the
heaviest competition for funding occurs and were the main area of
concern to Council. The competition is heightened by a regulatory
funding cap for such programs. The policy was not meant to effect
programs such as housing or economic development.)
(3) Third, in July, 1998, a letter requesting public comments was sent
to about 400 individuals and groups. A public meeting was held on
August 6 and a follow-up meeting was held on October 5. Several staff
meetings were held during this period to consider the issues and the
public comments.
(4) Taking into consideration the public comments, a final consensus
was reached among City staff regarding the new practices.
Mr. Baratta explained that City staff has decided to remove the provision
which would allow funding any human service program for no more than three
years, and advised that staff concurs with comments received from the public that
the provision would be counter-productive, the result being that a three-year HUD
funds limit would cause increased pressure on Council for General Fund dollars.
He stated that since such a result would cause the exact opposite of what Council
intended in asking for a HUD policy, staff will not pursue the original provision;
however, the $5,000.00 floor level provision will be retained.
In summary, Mr. Baratta advised that unless Council has objections, a revised
policy will be published as part of the CDBG/HOME request for proposals to be
issued atthe public hearing to be held on January 7, 1999, from 6:00 p.m. - 8:00 p.m.,
and the policy will be reviewed on a yearly basis to identify necessary changes.
Council Member Wyatt suggested that consideration be given to a policy that
would provide $5,000.00 for three years and at the end of the third year, the
requesting party would make a commitment to the City that it would not request
526
funding from the General Fund. She explained that such a policy would enable the
requesting party to become self-sufficient during the three year period and allow
other organizations to compete for funding; whereupon, Mr. Baratta advised that the
suggestion would be reviewed.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, January 4, 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., Linda F. Wyatt 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 Stephen
Duncan, Associate Pastor, United Metaphysical Churches.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
SNOW REMOVAL: The City Manager introduced a briefing on
snow and ice removal efforts as a result of the storm which occurred
in the City on January 2 and 3, 1999.
William F. Clark, Director, Public Works, advised that weather
forecasters provided several days of notice and forecasted the severity
of the storm; therefore, the City was well prepared in advance. He
stated that staff reported to work on January 1 to insure that snow
removal equipment was well maintained and ready for use and to
insure that refuse accumulated from Christmas week was collected
before the predicted ice storm. He explained that t2 hour work shifts
527
were in effect as of 7:00 a.m., December 31 through 7:00 a.m.,
January 4. He advised that approximately 2200 man hours of regular
time and overtime were expended and approximately 800 tons of
chemicals were applied to City streets.
Wanda B. Reed, Coordinator, Emergency Services, advised that
she consulted with the National Weather Service upon the prediction
that a major weather storm would impact the Roanoke area. She stated
that snow removal equipment has been increased and the City is better
prepared with four-wheel drive vehicles to respond to severe weather
conditions. She called attention to the City's interaction with persons
in the private sector to insure that critical service needs were met; and
as a result of pre-emergency briefings with City staff, information was
shared with regard to potential problems and reactions in advance.
Council Member White called attention to a major investment by
the City to improve its fleet of vehicular equipment. He requested
information on the optimum use of snow removal equipment and
whether City equipment is used to clear snow from City school
properties.
The City Manager advised that he would provide Council with a
written report; however, the City's first and foremost task is to remove
snow from emergency routes, U. S. routes and main thoroughfares,
followed by Valley Metro bus routes, residential neighborhoods, main
thoroughfares through neighborhoods, cross streets and dead end
streets in that order. He stated that once the City has completed the
public clearing of streets and roadways, City crews could then assist
with snow removal efforts on school properties, although by that time
the schools have their own snow removal efforts underway.
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 acquisition of real property for public purpose, specifically
528
ACTION:
ACTION:
property adjacent to the Roanoke Centre for. Industry and Technology;
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 Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ........ 7.
NAYS: None .....................
.0.
PURCHASE/SALE OF PROPERTY-CITY MANAGER-INDUSTRIES-
COUNCIL: A report of the City Manager requesting that Council
convene in Executive Session to discuss acquisition of real property
for public purpose, specifically property located adjacent to the
Roanoke Centre for Industry and Technology, 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 acquisition of real
property for public purpose, specifically property located adjacent to
the Roanoke Centre for Industry and Technology, 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:
529
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET: A report of the City Manager recommending that
Council approve the following fiscal year 1999-2000 budget study
dates, was before the body.
April 19, 1999
Public presentation of Fiscal Year 1999-
2000 recommended budget~ and update to
the Consolidated Plan (HUD budget) to
Council by City Manager.
April 20, 1999
Advertisements of public hearings on
recommended budget, tax rates and
Consolidated Plan update appear in
newspapers.
May 3, 1999
Public hearings on recommended budget,
tax rates and update to the Consolidated
Plan.
** Requires Special Evening Meeting of
City Council
May 4 - 7, 1999
City Council budget study work sessions.
May 10, 1999
City Council adopts General Fund, School
Fund and Proprietary Fund budgets,
approves an annual appropriation
ordinance and adopts the update to the
Consolidated Plan.
** Requires Special Meeting of City
Council
The City Manager recommended that Council formally approve
the schedule of activities, dates and times (including two special
meetings of Council) in order that necessary a~rrangements may be
finalized to move forward with the budget study process.
(For full text, see report on file in the City Clerk's Office.)
53O
ACTION:
ACTION:
Mr. White moved that Council concur in the recommended 1999-
2000 budget study schedule. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .--7.
NAYS: None .0.
GRANTS-TEA-21: A report of the City Manager recommending
that Council schedule a public hearing for Tuesday, January 19, 1999,
at 7:00 p.m., with regard to Transportation Equity Act for the 21st
Century, TEA-21 Enhancement Projects, 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 separate discussion. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ~7.
NAYS: None .0.
(See pages 531-533 and 545-546 for additional discussion and action.)
HUMAN DEVELOPMENT-ROANOKE NEIGHBORHOOD
PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
George M. McMillan and William C. Holland as members of
the Advisory Board of Human Development for terms
ending November 30, 2002; and
Ronald H. Miller as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 1999.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
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ACTION:
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,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
GRANTS-TEA-21: The 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; this action reauthorized
the Federal surface transportation programs for six years, from fiscal
year 1998 to 2003, replacing the Intermodal Surface Transportation
Efficiency Act (ISTEA); and TEA-21 provides $215 billion in spending
authority for highways and transit, including $3 billion for
transportation enhancement projects.
It was further advised that enhancement projects may be initiated
by any group or individual, and need to be formally endorsed by
Council prior to submittal to the Virginia Department of Transportation
(VDOT); and five applications were received by the City which will be
submitted to Council on January 19, 1999; viz: Fifth Planning District
Commission, Roanoke Higher Education Authority, Roanoke
Redevelopment and Housing Authority, Roanoke Valley Convention &
Visitors Bureau, and Virginia Museum of Transportation.
It was explained that VDOT requires that a public hearing be held
for TEA-21 enhancement projects as part of the application process;
and the City administration has arranged to advertise a public hearing
for the January 19, 1999, City Council meeting.
(For full text, see report on file in the City Clerk's Office.)
Council Member White inquired as to the types of projects that
are eligible for funding under TEA-21; whereupon, William F. Clark,
Director, Public Works, advised that he would provide a written
description of eligible projects; however, he stated that such projects
are basically transportation enhancements and not regular highway
projects. In regard to the 20 per cent matching funds, he explained that
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the City will enter into a third party agreement with approved agencies
whereby the agency will be responsible for providing not only the
matching funds, but other conditions imposed by the Virginia
Department of Transportation. He advised that VDOT requires that the
agreement be entered into with the governmental agency rather than
with the applicant.
Mr. White expressed concern that there may be agencies or
organizations with projects that could fit into the transportation
enhancement category, but the agency may not be aware of the
application process and inquired as to what actions were taken by the
City administration to insure that application process information was
properly disseminated. Mr. Clark reviewed criteria for filing an
application, and advised that prior to the deadline for submitting
applications, a letter of invitation was sent to organizations that had
previously expressed an interest in the ISTEA Program inviting
representatives to a public workshop where they were briefed on the
criteria for filing an application and provided with application forms and
deadline information.
Mr. White moved that Council concur in the recommendation of
the City Manager to advertise a public hearing for Tuesday, January 19,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard in
the City Council Chamber, 215 Church Avenue, S.W. The motion was
seconded by Mr. Swain and unanimously adopted.
Later during the meeting, Mr. White inquired as to why the
following projects were not proposed for funding as a part of TEA-21:
Total Action Against Poverty Transitional Living Center
Shaffere Crossing improvements
Henry Street improvements
First Street Bridge improvements
He inquired if the appropriate officials of Total Action Against Poverty
and those persons involved with Henry Street improvements were
contacted in regard to applying for funds; whereupon, it was the
consensus of Council that the matter would be referred to the City
Manager for report to Council prior to the public hearing on Tuesday,
January 19, 1999.
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It was suggested that Mr. White's remarks also be provided to the
City Planning Commission for its consideration prior to its meeting
scheduled for Wednesday, January 6, 1999.
Council Member Trout requested that the City Attorney advise as
to whether Council may endorse those projects to be recommended for
TEA-21 funding following public input at the January 19, 1999, public
hearing.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
YOUTH-SPECIAL EVENTS-SPORTS ACTIVITIES: June H. House,
Executive Director, Big Brothers Big Sisters, invited the Members of
Council to participate in "Bowl for Kid's Sake," which is a fund raiser
for Big Brothers Big Sisters to be held on January 23, 1999, at Viking
Lanes.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FLOOD REDUCTION/CONTROL-GREENWAY SYSTEM: Kit B.
Kiser, Director, Utilities and Operations, introduced a briefing on the
Roanoke River Sanitary Sewer Project, Greenways, and related issues.
Philip C. Schirmer, Project Engineer for the Roanoke River
Interceptor Sewer Replacement Project, and Project Manager for a
number of greenways, presented a status report on the Roanoke River
Interceptor Sewer Project along with a summary of costs to date, and
a status report on current greenway projects and opportunities for
future greenways.
Mr. Schirmer advised that the Roanoke River Interceptor Sewer
Project replaces an extension interceptor sewer that was built in the
early 1950's along the Roanoke River from the Water Pollution Control
Plant to the limits of the City of Salem, which is a distance of
approximately nine miles. He stated that all phases are currently under
construction and construction is proceeding under seven different
534
contracts, for a total contract value of $31.5 million, project costs are
shared, with the City of Roanoke, City of Salem and Roanoke County
funding approximately one-third each, and to date, approximately $10
million has been spent on project construction. He stated that
approximately three miles have been completed, representing about 35
per cent of the total project, for a schedule completion date of
December 23, 1999, and total change orders to date are less than one
per cent of the total contract value. He advised that the most
challenging part of the project has been dealing with a number of
environmental issues, and City staff spent approximately three and
one-half years in the design and permit phase of the project, which
required separate permits from the Department of Environmental
Quality, the Virginia Marine Resources Commission, Virginia Game and
Inland Fisheries, the National Fish and Wildlife Services, U. S. Army
Corp of Engineers, Norfolk Southern and the Virginia Department of
Health. He stated that the City is in compliance with all permit
conditions. He explained that most complaints have been regarding
erosion and sedimentation, and the number of trees that had to be
removed in order to construct the project, advising that it is a necessity
to cut trees as a part of this type of project, however, approximately 250
replacement trees and approximately 1500 shrubs are included in the
contract, and the City has worked with the U. S. Army Corp of
Engineers and the Department of Environmental Quality to correct
erosion and sediment control issues. He explained slides displaying
various phases of the work.
Mr. Schirmer advised that two greenway projects are included in
the capital improvement program: the railside linear walk which links
the City Market to the Transportation Museum, and portions of the
project have been constructed, or are currently under contract to be
constructed, with the remaining portions to be bid over the next month
and anticipated to be completed in the fall of 1999. He further advised
that the second project is the Mill Mountain Greenway which links the
City Market to the Mill Mountain Star; Council action on the design
contract for the project took place approximately one month ago, the
design phase of the project has begun and a portion of the project
could be bid in the spring or summer of 1999. He called attention to a
number of greenway projects that are ongoing in the City and are not
listed in the Capital Improvement Program; viz: Lick Run Greenway
which links Valley View Mall to the Hotel Roanoke, a distance of
approximately two miles, which is a project that has been assumed by
the Greenway Commission and connects to the new interchange
crossing 1-581, and Council appropriated additional funds to
accommodate a pedestrian linkage across the bridge. He stated that
the second project is the Tinker Creek Greenway which was discovered
as a part of routing efforts and the sewer project that was constructed
up Tinker Creek, the project would link to the Indian Village Housing
area at Wise Avenue with the Roanoke River, all plans have been
designed, the majority of the project can be built on lands that are
owned by the City of Roanoke, the project is currently in a bid-ready
condition and costs are estimated to be approximately $300,000.00. He
added that the next project is the Greater Raleigh Court Greenway
which is in the early conceptual planning stages that proposes to link
the Patrick Henry High School area with the James Madison Middle
School area, a length of approximately two miles; and the Mill Mountain
Star Trail which is a primitive trail that was constructed by volunteers
in conjunction with the Parks and Recreation Department.
Mr. Schirmer advised that there are a number of opportunities for
greenways in the City of Roanoke, nothing has been done in
connection with the construction of the sewer interceptor that would
preclude the development of a greenway along the sewer corridor; and
much of the information that the City collected to build the sewer
interceptor such as surveys, property information, title information, and
environmental studies, etc., could be reused by any greenway planning
effort that would be proposed for the Roanoke River. He explained that
the greenway along the Roanoke River poses a much different design
task than routing a sanitary sewer pipeline along the river because
there are a number of other challenges that deal with property rights
from private property owners, such as issues of public access, safety
and security, lighting, maintenance and parking, many of which are
unique to a greenway that might not be considered in the design of a
sewer project.
John G. Reed, Civil Engineer II, presented an update on the
status of the recreational trail of the Roanoke River Flood Reduction
Project. He advised that significant floods have occurred on the
Roanoke River about once every seven years, and in 1985 the highest
ever flooding situation occurred which caused an estimated $100
million in damage on the Roanoke River alone; in 1989, the citizens of
Roanoke passed a $7.5 million bond referendum for partial funding of
the City's portion of the Roanoke River Flood Reduction Project, in
1990, the City signed an agreement with the U. S. Army Corp of
Engineers committing to construct the project, and in May 1998,
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536
following extensive environmental testing, the project was approved for
construction. He explained that the current flood reduction project
contains several components designed to reduce flood damage along
the Roanoke River: one component was completed in the early 1990's
and included flood proofing of the Water Pollution Control Plant and
Roanoke Memorial Hospital, and remaining components include
approximately five and one-half miles of brush removal, three and one-
half miles of channel excavation, one and one-half miles of stabilization
using rock rif raf, one and one-half miles of stabilization using
vegetation, replacement of trees and shrubs throughout the project,
one-half mile of flood control walls, two Iow water bridges, and a two
and one-half mile recreational greenway trail. He stated that the
recreational trail included in the flood reduction project was originally
intended to extend the entire nine mile length of the project; however,
due to hazardous materials that were discovered on several properties
and removal of certain physical constraints due to cost such as
existing buildings, routes, and topography in the upper and lower
portions of the trail, the remaining recreational trail which is currently
a part of the flood reduction project is located in approximately the
middle of the flood reduction project (the trail will run through Wasena
Park under Main Street and across the Iow water bridge through Smith
Park, across the other Iow water bridge, down through River's Edge
Park and up to the Walnut Street Bridge where it will connect with the
Mill Mountain Greenway trail). He noted that the 2.4 mile flood
reduction trail will be 12 feet wide, asphalt paved and will be separated
from all vehicular traffic for its entire length. He stated that due to
excavation that will take place in Wasena Park as part of the flood
reduction project, about one-half mile of existing Wiley Drive between
Winchester Avenue and Main Street Bridge will be removed, therefor,
there will be no vehicular traffic over that portion of the park after the
flood reduction project is completed; however, there will be a
recreational trail that will provide access to the river. He stated that
access to Wasena Park will then be from Winchester and Winona
Avenues, Wiley Drive will remain open for vehicular traffic through
Smith and River's Edge Parks, and the new bridges that will be
constructed on either end of Smith Park will be widened to include a
separate lane for the recreational trail. He further stated that the flood
reduction trail is currently under design by the U. S. Army Corp of
Engineers and should be completed within the next three to five years,
and a small portion of the trail located in Smith Park has recently been
completed as a part of the sewer interceptor project. He explained that
as the parties move toward construction on the flood reduction project,
the City and the U. S. Army Corp of Engineers each have unique
responsibilities, the Corp of Engineers will complete the plans and
specifications and the City will be responsible for all property
acquisition and utility relocations, and over the next 18 months, the
City will acquire property rights as well as relocate water, sewer, gas
and electric lines as necessary. He stated that the current target for
bidding the project is sometime in the year 2000 and the current
estimated cost for the entire flood reduction project is $43 million, with
the City's portion of the cost estimated to be $14.2 million.
There was discussion as to what actions have been taken by
those governments upstream of the Roanoke River to address flood
control/reduction. Regarding the Roanoke River, Mr. Reed advised that
Roanoke County, Salem and Vinton were originally approached by the
U. S. Army Corp of Engineers to look at flood reduction along the
Roanoke River and those localities declined to participate, therefor, the
City of Roanoke is the only jurisdiction that has remained in the Corp
of Engineers flood reduction project.
Mr. Reed presented a status update on the Roanoke River
Regional Storm Water Management Plan which was completed
approximately one year ago by Dewberry and Davis, and Associates,
with maps showing the watersheds that were included in the regional
storm water management plan. He stated that eight of the 16
watersheds that were studied had portions within the City of Roanoke
and because Roanoke City is on the lower end of the watersheds, what
happens in the surrounding jurisdictions does affect the amount of
water runoff that the City has to deal with and for that reason the City
has been reviewing and addressing storm water from a regional
standpoint. However, currently, he noted that there are no Federal or
State regulations that require full reduction of additional flows from
development coming down stream, therefor, Roanoke City will continue
to see high levels of flooding as upstream areas develop. He advised
that regulations that deal with site retention requirements address peak
flows, but they do not reduce the extra volume when an area is paved,
so in larger watersheds the extra water accumulates which translates
into higher flooding depths.
There was continued discussion as to how other jurisdictions in
the Roanoke Valley have addressed flood control issues; whereupon,
the City Manager advised that water runs down hill and the City of
Roanoke is geographically located at the bottom of the hill, Roanoke
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538
Valley governments have begun technical conversations to compile
data and a big decision faces the governments of the Roanoke Valley
as to whether they are willing to cooperate on these projects and to
identify a source of funds to pay for the necessary improvements.
The Mayor expressed concern about flooding conditions in
Roanoke City as a result of development in other jurisdictions
upstream of the Roanoke River; and questioned how the City can
justify spending taxpayers' money to correct those problems that the
City of Roanoke did not create.
Following discussion, it was the consensus of Council, that the
City Clerk be instructed to include an item on future meeting agendas
with Roanoke County, Salem and Vinton to discuss regional
cooperation in addressing flood control/reduction issues.
Mr. Reed presented slides showing the effect of some of the
upstream watersheds on Glade Creek. He advised that some of the
houses in that area were constructed many years before regulations
were passed to keep structures from being built in the flood plain and
since that time regulations have been enacted that would prevent the
houses from being constructed in their current location. From a
technical standpoint, he noted that the houses would be flooded even
if there were no development in the upstream watersheds because the
houses are poorly sited and the regional plan identified approximately
900 structures city-wide that are located in the 100 Year Flood Plain and
subject to flooding. He advised that since the regional plan was
adopted by Council in the City's Comprehensive Plan in March 1998,
work has been ongoing to address certain recommendations contained
in the plan, a citizens advisory committee has met since 1996
consisting of members from all of the participating communities and
the citizens advisory committee is addressing recommendations on
how to proceed with implementation. He stated that five of the three
projects within the City of Roanoke that were identified by the Regional
Storm Water Management Plan have either been constructed or are
currently under construction as a part of the Capital Improvement
Program. He explained that remaining regional projects, as well as
other small neighborhood projects, are estimated to cost over
$31 million and there are ongoing maintenance costs associated with
maintaining drainage systems. He advised that in November 1997,
Council was briefed on funding options to address flooding in
Roanoke; historically, the City has relied on bond funding for drainage
improvements; however, other Virginia localities have discovered that
the normal funding sources have not been reliable, equitable or
adequate to fund storm water management. He reviewed information
on Virginia localities that have adopted storm water utilities to fund
storm water programs and the annual rate charged per residential unit.
Mr. Reed advised that specific implementation goals for the
regional plan include completing the City's geographical information
system, or GIS, which will allow faster and more accurate response to
citizens with drainage problems and since many flood prone structures
cannot be feasibly protected by drainage projects, the City will continue
to pursue current programs for the purchase and removal of some of
the more flood prone structures. He stated that water quality will
become an issue with the upcoming NPDES Permit (National Pollution
Discharge Elimination System) required by** the Environmental
Protection Agency and compliance with the permit will come at a
significant annual cost which will begin in the next several years. He
further stated that maintenance, water quality and an ongoing Capital
Improvement Program will require the City to identify future funding,
and a feasibility study for a storm water utility will be conducted which
will involve citizen input.
Mr. Kiser presented a briefing on the status of the Spring Hollow
water flow requirements and mOnitoring, which is a major source of
water supply for Roanoke County where water is diverted for future
treatment and distribution to County citizens. He explained that there
are two types of permits, a Department of Environmental Quality permit
and a Federal Corp of Engineers permit and following discussions at
a meeting in September 1998 with representatives the U. S. Army Corp
of Engineers, the Department of Environmental Quality, the State
Department of Game and Inland Fisheries, and Roanoke County it was
determined that Roanoke County is in compliance with permit
requirements for Spring Hollow Reservoir as of September, 1998.
The Mayor requested that Council be provided with an annual
report on flow requirements and monitoring at Spring Hollow Reservoir.
Elizabeth Belcher, Coordinator, Roanoke Valley Greenways,
presented an update on the status of greenway projects throughout the
Roanoke Valley. She advised that the greenway program on the east
coast started in Raleigh, North Carolina, because of the flood of 1974,
and the City of Raleigh has a mandatory 50' o 75' set aside buffer
539
54O
requirement when any development is approved to provide for a large
buffer on each side of the creeks and rivers which also serves as a land
use alternative. She referred to the new Project Impact Study and
suggested that that could also be a way to look at some of the land use
alternatives in the Roanoke Valley from a regional standpoint and how
land is used and how development taking place along streams and
rivers contributes to flooding. She referred to a state wide report which
was released in September that was prepared by the Chesapeake Bay
Committee and signed by the Governor suggesting a 35 foot forested
or vegetated buffer on each side of every creek or stream in the state.
She advised that in the Roanoke Valley, greenway advocates first came
to City staff in 1993 to request that greenways be constructed in
conjunction with the sewer project, and, in response to the request, in
1995 the four local governments: Roanoke City, Salem, Roanoke
County and Vinton appointed a greenway open space steering
committee and each locality appointed three representatives to the
committee, with the Fifth Planning District Commission serving as staff
to the committee.
At the end of 1995, Ms. Belcher stated that the conceptual
greenway plan was completed, and in January 1996, the steering
committee selected the Mill Mountain project as the pilot greenway
project to be constructed to show the Roanoke Valley what a greenway
could be. She stated that in 1997, the Roanoke Valley Greenway
Commission was established with the signing of the intergovernmental
agreement and the greenway commission replaced the steering
committee, with each locality appointing three members to the
greenway commission. Later in 1997, she noted that each of the four
localities adopted the conceptual greenway plan as a part of the
comprehensive plan, and in August 1997, the first section of greenway
in the Roanoke Valley opened with the dedication of the greenway in
Garst Mill Park in Roanoke County. She stated that the conceptual plan
shows 51 roads across the Roanoke Valley, many of which run along
streams and the river, with some on road and some off road. She
further stated that each locality is responsible for the development of
greenways in its jurisdiction and the greenway commission
coordinates between the localities and a non-profit group, "Pathfinders
for Greenways", to coordinate volunteer participation and funds for
some of the projects.
Ms. Belcher advised that each greenway project goes through
three steps: (1) the feasibility analysis or conceptual stage, (2) the
design and engineering stage where a development standard is
prepared, and (3) construction of the project. She stated that the
Roanoke Valley has developed three greenway standards to match the
environment in which the greenway is located; viz: Category A
greenway would be an urban greenway in an urban environment and
many of the projects in Roanoke City will be classified as Category A
projects; Category B would include a project that is moving out of the
more developed urban areas to the perimeter of the Roanoke Valley -
Salem, Roanoke County, and Vinton, or into a more natural
environment; and Category C would be an area which would connect
from Mill Mountain to Explore Park in a more natural wooded
environment.
Ms. Belcher advised that the conceptual greenway plan lists 11
priorities which were developed as a result of public input meetings in
response to public desires for greenways and with input from the
greenway steering committee; viz: Roanoke River, Mud Lick Creek,
Garst Mill Park, Blue Ridge Parkway, Hanging Rock Battlefield trail in
Salem and Roanoke County, Tinker Creek Greenway from Roanoke City
to Roanoke County, Mill Mountain Greenway from the City Market to
Mill Mountain and ultimately to Explore Park, Appalachian Trail
connection via Carvins Cove, Route 419 would have bicycle
accommodations along the road, Wolf Creek Greenway in Vinton and
Roanoke County, and Route 24 would tie into the Blue Ridge Parkway
to provide accommodations for bicycles to the parkway and
connections to existing horse trails. She presented a status report on
each of the above priorities.
On behalf of the Roanoke Valley Greenways Commission, Ms.
Belcher encouraged Council to finalize the location of that section of
the Roanoke River Greenway through Roanoke City, because the Flood
Reduction Project includes construction of 2.4 miles of greenway, and
also includes acquisition of drainage easements the length of the
project and in those instances where the two projects coincide, and
where locations are suitable to have both, it would be advantageous to
acquire greenway easements at the same time that drainage easements
are acquired.
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Ms. Belcher advised that Valley-wide for 1995-1998, $3.25 million
in Federal, State and Local funds ars committed to greenway projects,
however, all of the funds have not been spent, over 3000 annual
volunteer hours are expended by grsenway volunteers, and in 1999,
numerous grsenway efforts will take place; i.e.: the first section of the
Roanoke River Greenway in Roanoke City will open with the ribbon
cutting on January 5, 1999, the Mill Mountain Star Trail will open in April
t999, Wolf Creek Greenway in Vinton will open on May 3, 1999; the
Governor's Conference on Greenways and Trails will be held in
Roanoke on May 2 - 4, 1999, which is the first such conference in the
State; and Hanging Rock Battlefield Trail and the Lick Run Greenway
will open in the summer of 1999.
Question was raised as to whether the disabled community has
had an opportunity to provide input to the Roanoke Valley Greenway
Commission; whereupon, Ms. Belcher advised that all projects
involving Federal or State funds are required to address regulations of
the Americans with Disabilities Act. She stated that projects must be
handicapped accessible, available to the disabled, and meet slope
requirements and landing grade and surface requirements. She
explained that Category C projects (those projects that are included in
a more natural wooded environment) will not always meet grade
requirements for wheel chair accessibility, but Category A and
Category B projects will meet the requirements of the disabled. She
stated that representatives of the Mayors' Committee for Persons with
Disabilities have attended meetings of the Greenways Standards
Committee and they have agreed to rsview projects as designs come
in.
Vice-Mayor Harris advised that Council has discussed such
matters as regional parks, regional coordination of residential and
commercial development, rsgional storm water planning or lack
thereof, regional flood rsduction, a regional approach to ridge line
protection, rsgional greenways and recreational trails, and regional
road and traffic patterns, all of which are planning ideas and issues. He
proposed that Council consider appointment of a rsgional planning
council composed of representatives of the Roanoke Valley
governments such as an administrator from each locality, an elected
official from each of the governing bodies, and a member from each of
the planning commissions of each governing body. He stated that the
regional planning council would meet on a regular basis and serve as
the driving force on bringing issues to the attention of the Roanoke
543
Valley governments. He spoke in support of obtaining information from
the National League of Cities and the Fifth Planning District
Commission on those types of regional planning entities that have
worked in other areas. He advised that the information could be
compiled within 30 - 60 days for further discussion by Council.
William Tanger, representing Friends of the Roanoke River,
spoke to the issue of erosion and sediment control on the Roanoke
River Interceptor Sewer Project and advised that contract documents
did not include good erosion and sediment control specifications,
whereupon, he encouraged that the proper specifics be included in
future contracts. He discussed coordination in conjunction with the
greenway project, and advised that approximately three years ago, he
requested that the City appropriate funds to study the Roanoke River
greenway and to coordinate the sewer project and the flood reduction
project, at which time Council agreed to set aside approximately
$30,000.00; however, those funds were spent on .Tinker Creek and other
matters, etc. He suggested that $30,000.00 would be an adequate
amount of funds to study the Roanoke River Greenway and basic
coordination with the sewer project and the flood reduction project. He
called attention to a number of actions that will occur with the sewer
line project and the flood reduction project which are unclear, and there
are numerous instances relating to the current project that do not make
sense in light of future projects. He advised that Friends of the
Roanoke River opposed the current flood reduction project and
proposed an alternative plan; the Federal Emergency Management
Association (FEMA) has developed a totally new approach to flood
reduction which is to look at the long term picture which calls for
focusing much more attention on the flood plan and the removal of
buildings and potentially damageable items from the flood plain and the
City should do likewise; and the Commonwealth of Virginia is looking
more toward watershed areas rather than political boundaries which is
appropriate in regard to flood reduction issues. He advised that the
City might wish to consider a watershed authority because of quantity
of water, quality of water and degree and severity of flood issues. He
advised that in his presentation, Mr. Schirmer stated that 250 trees will
be replaced; however, more than 250 trees are proposed to be
removed, therefore, more replacement trees are needed; and flooding
will increase every year that there is development upstream of the
Roanoke River, and it is believed that the City and other localities have
544
not sufficiently reviewed those measures that would reduce flooding,
one of which is the use of pavers that are not impervious. He
encouraged Council to adopt incentives that will encourage developers
to take measures that will reduce the impact of flooding.
Duane Howard, representing the Mayors' Committee for People
with Disabilities, expressed concern with regard to the proposed
closure of a section of Wiley Drive, not only for those persons with
physical disabilities but for all citizens who enjoy Wiley Drive. He
called attention to current problems along Wiley Drive concerning
alcohol, drugs and solicitation and advised that the problems will be
compounded if the road is closed. He referred to the three categories
of greenways previously discussed by Ms. Belcher in which she stated
that a Category B greenway is not a paved greenway; whereupon,
Mr. Howard stressed that anything less than a paved greenway would
be difficult for not only persons with disabilities but for elderly citizens
and children in strollers, etc. He endorsed the need for Category A
greenways as much as possible.
Lee B. Eddy, Chairperson, Roanoke Valley Greenway
Commission, advised that some time ago he forwarded information
containing 20 essays on local government in the Roanoke Valley, one
of which related specifically to storm water management, funding, and
coordination among local governments, and encouraged the Members
of Council to read the essay which would provide relevant background
information.
The Mayor called attention to certain unanswered questions in
regard to coordination of the Roanoke River Flood Reduction Project
and greenways; whereupon, the City Manager advised that the City is
under a Consent Order to move forward with the sewer line project, and
the Roanoke River Flood Reduction Project is being designed by the
U. S. Army Corp of Engineers. He stated that the City had no choice
but to move forward in a timely manner with the Sewage Treatment
Plant expansion, and the City is not in control of the process on timing
of the repairs and/or upgrade of the Water Pollution Control Plant.
There was discussion with regard to how to move forward and
to meet the requirements of the Consent Order on the Water Pollution
Control Plant; whereupon, the City Manager advised that staff will meet
with Ms. Belcher to discuss greenway concerns and to determine if
there is a way to overlay the planning process, and City staff will also
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research the suggestion of Vice-Mayor Harris regarding a regional
planning council. He stated that it is clear that Council is frustrated
with the issue of what other governing bodies are doing to address
flood reduction/control upstream of the Roanoke River, and advised
that the citizens advisory committee will make a uniform
recommendation to each of the governing bodies for discussion. Prior
to placing an item on future meeting agendas with other local
governing bodies as to what they are doing to address flood
reduction/control issues, he suggested that the citizens advisory
committee be permitted to make their recommendations to this
respective governmental jurisdictions.
ACTION:
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-STATE HIGHWAYS-TEA-21: The 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; this action reauthorized the Federal surface transportation
programs for six years, from fiscal year 1998 to 2003, replacing the
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); TEA-
21 provides $215 billion in spending authority for highways and transit,
including $3 billion for safety construction, including road hazard
reduction and improved safety at rail-highway grade crossings; Virginia
Department of Transportation (VDOT) project applications were
submitted in June, 1998, and one application-for a railroad grade
crossing project was submitted to VDOT by the City, which project was
selected by staff based upon site review and citizen complaints; and
the application covers installation of gates at the railroad crossing on
Norfolk Avenue west of 3rd Street, S. E.
It was further advised that VDOT has approved the project
application, and the project will be authorized by VDOT upon receipt of
a resolution from Council and will be included in the next update of
VDOT's Six-Year Improvement Program (fiscal year 1999-2000); and
local share of project cost is estimated at $200.00.
The City Manager recommended that Council request, by
resolution, that VDOT program the safety project as an urban highway
project; that the City Manager be authorized to execute the railroad
546
ACTION:
crossing agreement for the project on behalf of the City in a form to be
approved by the City Attorney; and indicate that if the City cancels the
project in the future for any reason, the City would pay 100 per cent of
all costs associated with any work completed on the canceled project
between the time of programming and the cancellation notice. (This
type of statement is usual and typical of all transportation project
programming requests made by municipalities throughout Virginia).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34136-010499) A RESOLUTION requesting the Virginia
Department of Transportation to program a safety project, Norfolk
Avenue, S. E., railroad grade crossing, as an urban highway project.
(For full text of Resolution, see Resolution Book No. 61, page 332.)
Mr. Trout moved the adoption of Resolution No. 34136-010499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .... 7.
NAYS: None .0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-SEWERS
AND STORM DRAINS-HOTEL ROANOKE CONFERENCE CENTER-
VIRGINIA TECH-WATER RESOURCES: The Director of Finance
submitted the Financial Report for the City of Roanoke for the month of
November, 1998.
(For full, text, see Financial Report on file in the City Clerk's Office.)
Council Member Swain requested an annual projection on
revenue to be generated to the City as a result of the five per cent
increase in the water and sewer rates which took effect on August 1,
1998; and a list of projects proposed to be completed as a result of the
five per cent increase in water and sewer rates.
547
Council Member White inquired as to whether the Hotel Roanoke
Conference Center Commission has established a policy regarding
depreciation funding for the Conference Center and if the current
$900,000.00 appropriation is sufficient. The Director of Finance advised
that the Hotel Roanoke Conference Center Commission has entered
into discussions regarding renovations that occur after a facility is
open, the Conference Center is not at the level where it should be, and
further discussion by the Commission will take place as a part of
budget deliberations.
Mr. White requested that the question of the operating subsidy
for the Hotel Roanoke Conference Center be referred to 1999-2000
budget study for discussion.
Without objection by Council, the Mayor advised that the
financial report for the month of November would be received and filed.
CITY CODE-TAXES-TELEPHONE COMPANIES: The Director of
Finance submitted a written report advising that in the administration
of local taxes, it is standard business practice to provide for a penalty
on unpaid delinquent accounts; most local taxes (Prepared Food &
Beverages, Transient Occupancy, Admissions, purchase of Utility
Service, Real Estate, Personal Property and Business License) provide
for a penalty for late remittances; however, Sections 32-275 - 32-282.1
of the City Code do not provide for a penalty on the seller for the
Special Tax on Consumers of Local Telephone Service commonly
known as the "E-911 Tax" for late remittance.
It was further advised that Section 32-291 of the City Code
provides for a "Seller's Discount" on the Prepared Food and Beverage
tax where, if paid on time, the seller is allowed as compensation three
per cent of the amount of the tax collected and remitted to the City; the
City Code governing this provision also states that if the remittance is
late, the seller cannot deduct the seller's discount; the only other local
tax that provides for a Seller's Discount is the E-911 tax; and currently,
Section 32.282 of the City Code does not provide the corresponding
language to disallow the seller's discount on late remittances, however,
the City Code provides for a Class 4 misdemeanor for failure to pay.
The Director of Finance explained that in order to insure prompt
payment of the E-911 tax and to be fair and consistent with the
collection of local taxes, it is recommended that the City Code be
548
ACTION:
changed to provide for a late payment penalty of ten per cent of the tax
due; and it is also recommended that the seller's discount not be
allowed when the payment is late, effective February 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:
(#34137) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by amending and reordaining §32-282,
Com_oensation of seller, to provide that no compensation shall be
allowed to any seller when the amount due is delinquent at the time of
remittance; by enacting new section 32-283, Penalty_ for late remittance,
to provide for a penalty of ten (10) percent of the tax due applicable to
any seller who shall fail or refuse to remit to the treasurer the tax
required within the specified time; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 337.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers 7.
NAYS: None ................................................................ 0.
BUDGET-CITY SHERIFF-PENSIONS: The Director of Finance
submitted a written report advising that Council, on Monday, May 18,
1998, adopted Resolution No. 33845-051898 granting City of Roanoke
Pension Plan members who retire on or after July 1, 1998, with 20 or
more years of City of Roanoke creditable service, a monthly
supplement of $159.00 until age 65; however, the resolution did not
include the City Sheriff and his employees because they are members
of the Virginia Retirement System.
It was further advised that the City entered into a contract with
the Honorable George M. McMillan, Sheriff, dated June 24, 1998, which
provides that all fringe benefits available to City employees would be
provided to the Sheriff's officers and employees; whereupon, the
Director of Finance recommended that the City Sheriff and his
ACTION:
employees, who retire on or after July 1, 1998, with 20 or more years of
City of Roanoke creditable service, be eligible for the $159.00 monthly
supplement as provided for City employees, all other Constitutional
officers and their employees.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34138-010499) A RESOLUTION providing for payment of a
monetary supplement to certain officers and employees of the City of
Roanoke Sheriff's Department who retire prior to attaining age sixty-
five.
(For full text of Resolution, see Resolution Book No. 61, page 333.)
Mr. Hudson moved the adoption of Resolution No. 34138-010499.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES:
BUDGET-PUBLIC WORKS: 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 certain improvements at the City's Public Works
Service Center, in order to comply with State and Federal
environmental regulations.
It was advised that certain improvements at the City of Roanoke
Public Works Service Center are recommended to comply with State
and Federal environmental regulations; and recommended
improvements include construction of a vehicle wash rack that will
direct soiled wash water to the sanitary sewer system and construction
of a containment system for liquid roadway de-icing solutions.
549
55O
ACTION:
It was further advised that the project for the public facility
improvements was advertised on Sunday, November 5, 1998; four bids
were received, with Hammond-Mitchell, Inc., submitting the Iow bid, in
the amount of $86,200.00, and total construction cost is estimated as
follows:
Construction Contract
Contingency
Total
$86,200.00
8.600.00
$94.800.00
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to execute a unit price
contract, in a form to be approved by the City Attorney,
with Hammond-Mitchell, Inc., in the amount of $86,200.00,
with 90 calendar days for completion and a project
contingency of $8,600.00.
Authorize the transfer of $94,800.00 from Account No. 008-
052-9670-9003 to an account to be established by the
Director of Finance entitled, "Public Facility Improvements
- PWSC."
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:
(#34139-010499) 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 334.)
Mr. Swain moved the adoption of Ordinance No. 34139-010499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
551
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34140-010499) AN ORDINANCE accepting the bid of Hammond-
Mitchell, Inc., for the public facility improvements at the Public Works
Service Center, 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 335.)
Mr. Swain moved the adoption of Ordinance No. 34140-010499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
FIRE DEPARTMENT-CITY PROPERTY-WATER RESOURCES:
Ordinance No. 34127, authorizing the City Manager to execute a Permit
Agreement containing indemnification language to provide for the
removal of a fire escape on the rear portion of the structure on real
property identified as Official Tax No. 1011512, commonly known as
118 Campbell Avenue, S. W., having previously been before the Council
for its first reading on Monday, December 21, 1998, 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:
552
(#34127-010499) AN ORDINANCE authorizing the City Manager
to execute a Permit Agreement containing indemnification language
to provide for the removal of a fire escape on the rear portion of the
structure on real property identified by Official Tax Map No. 1011512,
commonly known as 118 Campbell Avenue, S. W.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34127-010499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. -7.
NAYS: None ........................................................................ 0.
ZONING: Ordinance No. 34133, amending a condition proffered
in conjunction with the rezoning of a tract of land lying on the southerly
side of Campbell Avenue, S. E., bearing Official Tax No. 4011103, which
property was previously conditionally rezoned by the adoption of
Ordinance No. 33012-070196, adopted July 1, 1996, having previously
been before the Council for its first reading on Monday, December 21,
1998, 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:
(~34133-010499) AN ORDINANCE to amend §§36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet No. 401,
Sectional 1976 Zone Map, City of Roanoke, in order to amend certain
conditions presently binding upon certain property previously
conditionally zoned C-3, Central Business District.
(For full text of Ordinance, see Ordinance Book No. 61, page 327.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34133-010499.
The motion was seconded by Mr. Harris and adopted by the following
vote:
553
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
ZONING: Ordinance No. 34134, repealing Ordinance No. 34057-
110298, and rezoning a tract of land located on the east side of Kimball
Avenue, N. E., Official Tax No. 3030101, from HM, Heavy Manufacturing
District, to LM, Light Manufacturing District, pursuant to a petition filed
in the City Clerk's Office on August 6, 1998, having previously been
before the Council for its first reading on Monday, December 21, 1998,
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:
(#34134-010499) AN ORDINANCE repealing Ordinance No. 34057-
110298, and amending §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 303, 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 329.)
Mr. Trout moved the adoption of Ordinance No. 34134-010499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34135, rezoning 15 parcels of land
located in the 1700 block of Loudon Avenue, N. W., and in the Hyde
Park neighborhood in the northwest quadrant of the City, bounded
generally by 17th Street on the east and 18th Street on the west, to the
north and south, those alleys behind the homes facing Loudon Avenue,
N. W., identified as Official Tax Nos. 2211901-2211907, inclusive, and
2211312-2211319, inclusive, from LM, Light Manufacturing District, to
RM-1, Residential Multifamily, Low Density District, pursuant to a
petition filed in the City Clerk's Office on October 23, 1998, having
554
ACTION:
previously been before the Council for its first reading on Monday,
December 21, 1998, 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:
(#34135-010499) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 221, 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 330.)
Mr. Trout moved the adoption of Ordinance No. 34135-010499.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers --7.
NAYS: None .0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
STATE HIGHWAYS-TRANSPORTATION SAFETY: Council
Member White called attention to the number of major accidents on
Interstate 81, and requested that the Mayor advise appropriate State
and Federal officials of the City's concern that proposed improvements
should be addressed as soon as possible, and that alternative means
of increasing vehicular safety should be explored prior to construction
of Interstate 81 improvements.
ACTS OF ACKNOWLEDGEMENT: Inasmuch as former Mayor
Noel C. Taylor retired from the pastorate at High Street Baptist Church
on December 31, 1998, it was the consensus of Council that the City
Attorney be requested to prepare the proper measure recognizing
Dr. Taylor's many years of service to High Street Baptist Church and to
the Roanoke community.
555
ACTION:
POLICE DEPARTMENT-TRAFFIC-LEGISLATION: Council Member
Swain requested information in regard to the penalty for failure to
display a current vehicle inspection sticker and failure to display a
current City decal. He inquired as to the financial impact of increasing
the fines by ten per cent, 25 per cent and 50 per cent.
The Mayor discussed the matter of enacting a prosecution fee
which would be assessed by the Courts and payable to the
Commonwealth's Attorney and a police investigation fee. He inquired
if the Commonwealth of Virginia has adopted enabling legislation
authorizing cities to impose such fees.
It was the consensus of Council that the above matters would be
referred to the City Manager, City Attorney and Director of Finance for
report to Council at the Financial Planning Workshop on Saturday,
January 16, 1999.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-COUNCIL: Mr. Robert Gravely, 1412 Moorman
Road, N. W., addressed Council in regard to local government invoking
the wrath of God as a result of sin, lack of growth in the City of
Roanoke, and the fate of disadvantaged persons who do not benefit
from the f;uits of their labor. ,~
At 6:10 p.m., the Mayor declared the meeting in recess.
At 6:35 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:
556
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ......................................................... 7.
NAYS: None. .-0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there are vacancies on the
Roanoke Neighborhood Partnership Steering Committee created by the
expiration of the terms of office of Lenora Williams, Steven Goodwin
and Gary J. Foutz, and called for nominations to fill the vacancies.
Mr. White placed in nomination the name of Richard J. Nichols.
Mr. Harris placed in nomination the name of Mark E. Peterson.
Mr. Hudson placed in nomination the name of George M.
McMillan.
ACTION:
ACTION:
Thers being no further nominations, Messrs. Nichols, Peterson
and McMillan were appointed as members of the Roanoke
Neighborhood Partnership Steering Committee, for terms ending
November 31, 2001, by the following vote:
FOR MR. NICHOLS, MR. PETERSON AND MR. MCMILLAN:
Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ......................................................................... 7.
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that the terms of office of Robert R. Copty and Benjamin S. Motley as
members of the Board of Zoning Appeals expired on December 31,
1998, and called for nominations to fill the vacancies.
Mr. Hudson placed in nomination the names of Robert R. Copty
and Benjamin S. Motley.
Thers being no further nominations, Mr. Copty and Mr. Motley
were reappointed as members of the Board of Zoning Appeals, for
terms ending December 31, 2001, by the following vote:
FOR MR. COPTY AND MR. MOTLEY: Council Members Harris,
Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................... 7.
557
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY
SERVICES: The Mayor advised that the term of office of Delores Y.
Johns as a member of the Blue Ridge Community Services Board of
Directors expired on December 31, 1998, and called for nominations to
fill the vacancy.
Ms. Wyatt placed in nomination the name of Delores Y. Johns.
There being no further nominations, Dr. Johns was reappointed
as a member of the Blue Ridge Community Services Board of Directors,
for a term ending December 31, 2001, by the following vote:
ACTION:
FOR DR. JOHNS: Council Members Harris, Hudson, Swain, Trout,
White, Wyatt and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The
Mayor advised that the terms of office of Gilbert E. Butler, Jr., D. Kent
Chrisman and Melvin L. Hill as members of the City Planning
Commission expired on December 31, 1998, and called for nominations
to fill the vacancies.
Mr. Harris placed in nomination the names of Gilbert E. Butler,
Jr., D. Kent Chrisman and Melvin L. Hill.
There being no further nominations, Mr. Butler, Mr. Chrisman and
Mr. Hill were reappointed as members of the City Planning
Commission, for terms ending December 31, 2002, by the following
vote:
FOR MESSRS. BUTLER, CHRISMAN AND HILL: Council Members
Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ......... 7.
There being no further business, the Mayor declared the meeting adjourned
at 6:40 p.m.
Mary F. Parker
APPROVED
City Clerk Mayor
558
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 19, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
January 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, Reaular
Meetin_~s. 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, William White, Sr., Linda F. Wyatt, C. Nelson Harris 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; and James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
COMPLAINTS-RESPOND SYSTEM: The Assistant City Manager introduced
a briefing in regard to the RESPOND! System which is a customer service tracking
system currently in use by the City.
Barry L. Key, Manager, Office of Management and Budget, advised that
RESPOND! is a product which is home grown in Roanoke and is now marketed
internationally by the software vendor; whereupon, he called upon Joe D. Sloan,
Manager, Communications, who advised that the RESPOND! System went on line
on April 29, 1998, and ten City user departments have been phased in to date.
The following is a summary of the RESPOND! Program:
Responsiveness to citizen calls is an important part of good citizen service.
The City receives more than 300 calls daily and it became a burden to rely on hand
written messages delivered throughout City departments; therefore, Roanoke
started looking for a system to track and manage calls received and for access to
up to date information about those calls as actions are taken. After evaluating other
559
solutions, Roanoke selected IBM Business Partner JPH International's RESPOND!
to manage calls. The goal is for every department to have access to a central
knowledge - based facility to handle any request by a citizen without transferring
calls to other City departments.
The core component of RESPOND! is its advisor feasibility which allows the
locality to design and customize every type of request for service and information.
Roanoke set up more than 100 advisor entries and issues such as street repairs,
animals, recycling, sewer backup, recreation, etc. Within each advisory category
there are numerous subcategories; i.e.: if a citizen calls about a dog, the computer
screen displays subcategories including barking dog, stray dog, information on dog
license and dead animal. After the citizen says it is a barking dog, another screen
shows the employee what to ask the citizen, information about how the request is
handled and the name of the employee and the department responsible for taking
action. The advisor facility meets the City's need for a central knowledge base on
all City services. Once the call is completed, it is saved and the request/complaint
is automatically e-mailed to the person responsible for that area. The advisory
facility drives everything on the system and if the person who receives the
dispatched e-mail does not address the issue on time, RESPOND's! "Nag engine"
prompts action. Based on the due date and goals set by the City, the nag engine
automatically lets that person know the issue was not handled on time.
RESPOND! also generates statistics so that management knows who is
receiving calls, reports can be run to find out average response times and the
system provides a good way to track activity-based performance and to pinpoint
where the City needs to review services and/or increase or decrease staff in
departments. The system tracks by people, issue, location, day and time of the
action, etc. The City can customize categories for whatever it chooses without
relying on the vendor.
Next year, the City plans to use the RESPOND! Internet Call logging feature
and certain advanced capabilities to take citizen calls. By providing access to City
Hall 24 hours a day, seven days a week, e-business gives better service to the
community while freeing up staff from telephones for more productive work.
Citizens will use the Internet to register complaints, field staff will use laptops to
enter information and when they return to the office, the information can be
uploaded to the Internet.
There were questions and comments by Council Members in regard to voice
mail usage throughout the City Government structure and the Assistant City
Manager advised that the City's policy is that no telephone number which is listed
56O
in the telephone directory is to be answered by voice mail; involvement of a
representative from the City Attorney's Office on the employee team to address do's
and don't's of handling complaints on the RESPONDI System; and a suggestion that
citizens be informed about the RESPONDI System via RVTV, Channel 3.
Jill J. Michaels, Technology Training Coordinator, City Information Systems,
presented a working demonstration from the time that a complaint is received from
a citizen through complaint process completion.
At 1:00 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Tuesday, January 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.
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 Doctor
Marvin Gardner, Rector, St. Thomas of Canterbury Anglican Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor
congratulated Vice-Mayor C. Nelson Harris upon being called to the
pastorate at Virginia Heights Baptist Church, effective March 1, 1999.
PRESENTATIONS:
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT-
REGIONAL CHAMBER OF COMMERCE: On behalf of the Members of
Council, the Mayor recognized and congratulated Police Officer
561
William A. Engel, recipient of the Roanoke Valley Chamber of
Commerce Police Officer of the Year Award for 1999. He advised that
in January, while investigating a suspect vehicle with a fellow police
officer, Officer Engel encountered three robbery suspects, two of whom
were armed and one fired a shot as they exited a drug store in
southeast Roanoke; and after two of the suspects were arrested,
Officer Engel was able to establish a rapport with one of the suspects
which led investigators to information connecting them to a series of
armed robberies in Roanoke City, Montgomery County and Pulaski
County.
The Mayor further advised that in February 1998, acting on
information received through broadcast to all units, Officer Engel
located a wanted felony suspect traveling in a vehicle and the suspect
was arrested along with his armed passenger, a search warrant
incident to this arrest was conducted and approximately $84,000,00 and
six ounces of crack cocaine were seized. He further advised that in
June 1998, Officer Engel responded to a report ora burglary in process
on Jamison Avenue, S. E., stolen cash from the business was
recovered from the armed suspect and an accomplice in a vehicle
parked nearby was also arrested.
The Mayor advised that Officer Engel is to be commended for his
dedication to duty, his professional tactics and his knowledge of police
procedure to the extent that in each of the above events, property,
money and weapons were recovered in connection with felony arrests.
The Mayor presented Officer Engel with a Roanoke Star,
Landmark Series, which is symbolic of the Star on Mill Mountain.
NORTHWEST CHILD DEVELOPMENT CENTER: The Mayor
welcomed pre-kindergarten students from the Northwest Child
Development Center who presented music and a skit in tribute to the
late Dr. Martin Luther King, Jr.
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
562
called specific attention to three requests for Executive Session to
discuss a matter of actual litigation, specifically litigation filed against
the City involving a claim for damages requiring the provision of legal
advice by counsel; a personnel matter, specifically the resignation of
a specific public officer; 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
Wednesday, October 7, 1998, and Monday, October 19, 1998, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .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.)
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:
ACTION:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ................................................................... 0.
CITY ATTORNEY-COUNCIL: A report of the City Attorney
requesting that Council convene in Executive Session to discuss a
matter of actual litigation, specifically litigation filed against the City
involving a claim for damages requiring the provision of legal advice by
counsel, 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 of the City
Attorney to convene in Executive Session to discuss a matter of actual
litigation, specifically litigation filed against the City involving a claim
for damages requiring the provision of legal advice by counsel,
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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................ 7.
NAYS: None .................................................................. 0.
PENSIONS: The Director of Finance submitted a written report
advising that Council adopted Ordinance No. 34056-110298 authorizing
the City of Roanoke Pension Plan to offer members of the Employees'
Retirement System (Old System) an opportunity to transfer to the
Employees' Supplemental Retirement System (New System); the
"window of opportunity" was opened on December t, t998, and closed
at 5:00 p.m. on December 31, 1998; and since the program has
concluded, 30 of the 199 eligible members (15%) took advantage of the
option.
(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:
563
564
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers .--7.
NAYS: None. .0.
CITY MANAGER-COUNCIL: A report of the City Manager
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)(t), 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 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 Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers 7.
NAYS: None, O.
PERSONNEL DEPARTMENT-INDUSTRIES-ROANOKE
NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
William C. Holland as a member of the Personnel and
Employment Practices Commission for a term ending
June 30, 2001;
Stark H. Jones as a Director of the Industrial Development
Authority of the City of Roanoke for a term ending
October 20, 2002; and
Paula L. Prince as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
565
ACTION:
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 Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................... 7.
NAYS: None ..................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
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.
$56,903.00 from the 1998-99 Capital Maintenance and
Equipment Replacement Fund for the replacement of
bleachers in the gymnasium at William Ruffner Middle
School.
$54,220.00 from 1997 Capital Bond Issue funds for the
purchase and installation of bleachers in the gymnasium
at Lucy Addison Middle School. 0
$210,025.00 for the Goals 2000 Technology grant to
provide funds for the purchase of classroom computers
and related technologies. This continuing grant program
will be reimbursed 100 per cent by Federal funds.
$10,000.00 for the 1999 Chess program to pay for chess
materials and tournament participation costs. A private
donation has been received for this continuing grant
program.
$28,214.00 for the 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. This new grant
program will be reimbursed 100 per cent by Federal funds.
566
ACTION:
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:
(~f34141-011999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 School Capital Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 61, page 338.)
Mr. Trout moved the adoption of Ordinance No. 34141-011999.
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: None, O.
Council Member Swain requested information on the ratio of
computers to students and how computers are being integrated into the
instructional program; and Council Member Wyatt requested a break-
down by school as to which schools have computer labs as opposed
to individual computers in the classroom.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-COUNCIL: The
City Manager submitted a written report advising that on July 21, 1997,
Council adopted Ordinance Nos. 33497-072197 and 33498-072197,
authorizing a referendum to be held in November 1997 on the issuance
of $39,030,000.00 in capital improvement bonds; on August 4, 1997,
567
Council adopted Resolution No. 33534-080497 approving the Capital
Improvement Program (ClP) for 1998-2002; the public referendum was
held on November 4, 1997, and the $39 million bond issue was
approved by 78 per cent of Roanoke's voting citizens; and on
December 17, 1997, $13,010,000.00 of the new bonds were sold, with
the remaining bonds to be issued on or before January 2000.
It was further advised that the Capital Improvement Program,
totaling $321,825,908.00, has been revised and updated for fiscal years
1999-2003; the document updates the status of current projects; major
changes in the updated Capital Improvement Program include the
following: projects that have been completed in the past year have
been removed from the updated document, projects approved since the
previous ClP was adopted on August 4, 1997, have been added to the
updated ClP, and project costs have been updated, either based on
actual contract prices or updated estimates from the Engineering staff;
and three capital projects have funding deficiencies for the current
phases:
Jefferson Center -
The Performance Hall Renovation
New Police Building
Railside Linear Walk
($ 800,000.00)
(1,260,000.00)
(788,s00.00)
It was noted that the updated ClP identified recommended
funding sources for these capital projects; action by Council is
required to accomplish reallocations of funding; and as projects are
brought forward, Council will be presented with funding reports for
approval and the funds may then be appropriated to the required
capital accounts.
The City Manager recommended that Council endorse the
updated Capital Improvement Program document for fiscal years 1999-
2003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34142-011999) A RESOLUTION endorsing the Capital
Improvement Program submitted by the City Manager and Director of
Finance by report of January 19, 1999.
568
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 340.)
Mr. Trout moved the adoption of Resolution No. 34142-011999.
The motion was seconded by Mr. Swain.
There was discussion in regard to revenue shortfall as the result
of construction of retail establishments in outlying jurisdictions, those
tax dollars having previously been spent in the City of Roanoke;
Roanoke's housing structure appears to be shifting from home
ownership to rental and homeowners do not require as many public
services as those persons residing in rental units; major jurisdictions
in northern Virginia, Richmond and the Tidewater area have changed
that the Commonwealth of Virginia has archaic tax sources at the local
government level and these major jurisdictions have requested that the
General Assembly review the entire taxing structure and State
government structure if fiscally strong center cities are to remain; over
the long term, the City should work with its representatives to the
General Assembly to encourage a 1999-2000 mix of income that will
support services and needs of Roanoke City; a fiscally stressed
locality, such as the City of Roanoke, is defined as a locality that is
using a greater portion of its resources to provide services as opposed
to those cities who may have some of those same resources but do not
choose to spend the funds on local government services; Roanoke is
spending a greater portion of its resources on local government
services because 50 per cent of the students in City schools come from
below average income families, the disproportionate number of rental
units in the City, and the demand for services by those persons for
police, social services, fire, emergency services, refuse collection, etc,
and State mandates also play a large part in the City's revenue
spending; the City needs to develop an economic development strategy
to establish an entertainment district in the downtown area which will
cause Roanoke to become a destination-oriented location; if the City
wants to lower its real estate tax rate, there must be a re-engineering of
services, or a growth rate over five per cent, or elimination or reduction
of services to citizens; another Financial Planning Session is needed
to identify funds for at least a two cents reduction in the real estate tax
rate, or approximately $700,000.00; it was reported at the Financial
Planning Session on Saturday, January 16, 1999, that in approximately
three to four years, Roanoke will have a debt capacity of about $7
million, however, approximately $25 - 45 million will be needed for
major capital improvements; and a plan needs to be developed by the
City Manager, Director of Finance and School officials to provide a
formula to fund future bond issues.
569
Following discussion, it was the consensus of Council that the
City Clerk be requested to schedule an additional Financial Planning
Work Session in late March 1999.
Resolution No. 34142-011999 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers 7.
NAYS: None ........................................................................ 0.
BUDGET-CITY EMPLOYEES-JUVENILE CORRECTIONAL
FACILITIES: The City Manager submitted a written report advising that
the Roanoke Juvenile Detention Center provides secure custody, care,
supervision and services for juveniles for the City of Roanoke and
Botetourt County; and the State Department of Juvenile Justice has
licensed the detention center for a capacity of 21.
It was further advised that the Roanoke Juvenile Detention
Center is currently staffed with 11 direct-care, full-time counselor I
positions, providing 24 hour supervision seven days a week; the
Roanoke Juvenile Detention Center has additional new requirements
placing demands on staff schedules and duties; relief staff coverage is
extremely difficult to maintain because of high turnover, Iow reliability,
a limited applicant pool and the inability to maintain adequate training
and development; a Planning Study approved by the Department of
Juvenile Justice with facility expansion to 81 beds by the Commission
allows for 57 new positions; and construction and transition to the
Roanoke Valley Detention Commission creates new concerns and risks
for the Detention Center.
The City Manager recommended that Council authorize an
increase in full-time regular employees for the Roanoke Juvenile
Detention Center as follows: (two positions to be transferred from the
Law Library).
57O
ACTION'
I - Counselor II position (Shift Supervisor)
6 - Counselor I positions
I - Senior Secretary
1 - Cook
Transfer $70,000.00 from the State and Local Hospitalization Account
No. 001-054-5330-2010 and $38,406.00 from the Juvenile Detention
Temporary Wage Account No. 001-054-3320-1004 to the following
accounts:
Regular Employee Salaries
FICA
Retirement
Medical Insurance
Dental Insurance
Disability Insurance
ICMA Match
001-054-3320-1002
001-054-3320-1120
001-054-3320-1105
001-054-3320-1125
001-054-3320-1126
001-054-3320-1 t31
001-054-3320-1116
$ 84,296.00
6,527.00
8,217.00
7,473.00
663.00
212.00
1.018.00
TOTAL $108,406.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(~t34143-011999) 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 341.)
Mr. Trout moved the adoption of Ordinance No. 34143-011999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ,0.
(Council Member Hudson was out of the Council Chamber).
CITY CLERK:
571
SCHOOLS: The City Clerk submitted a written report advising
that the three year terms of office of Brian J. Wishneff and Charles W.
Day as Trustees of the Roanoke City School Board will expire on
June 30, 1999; Section 9 - 17 of the City Code provides that applications
for the upcoming vacancies must be filed in the City Clerk's Office by
March 10 of each year; 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; and information describing the
duties and responsibilities of School Board Trustees will also be
available.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed.
motion was seconded by Mr. Swain and unanimously adopted.
REPORTS OF COMMITTEES:
The
ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center
Commission recommending that Council approve the use of
competitive negotiations for soliciting proposals for exclusive pouring
rights for non-alcoholic beverages, and for soliciting proposals for
entering into licensing agreements with prominently recognized
companies for the sale of branded food products, including but not
limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and
ice cream, in accordance with conditions set forth in a staff report,
dated December 18, 1998, at the Roanoke Civic Center, was before
Council.
The City Manager submitted a written report concurring in the
recommendation of the Civic Center Commission, and recommended
that competitive negotiations for food and beverage opportunities be
permitted to include the option of negotiating pouring rights and the
sale of branded food products for Victory Stadium, if appropriate, as
well as for the Civic Center.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
572
(#34144-011999) 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 exclusive pouring rights for non-alcoholic beverages, and
for entering into license agreements with prominently recognized
companies for the sale of branded food products, including but not
limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and
ice cream at the Civic Center and Victory Stadium and documenting the
basis for this determination.
ACTION:
(For full text of Resolution, see Resolution Book No. 61, page 342.)
Mr. Harris moved the adoption of Resolution No. 34144-011999.
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: None -0.
BUDGET-ROANOKE CiViC CENTER: A report of the Roanoke
Civic Center Commission recommending that Council approve the
purchase of advertising rights to the scoreboard and three concourse
message centers at the Civic Center from Network Group International,
L. P., in the amount of $180,000.00, payable in three installments, the
first from Civic Center retained earnings, and the second and third from
fiscal year 1999-2000 and fiscal year 2000-2001 budget revenues
derived from scoreboard advertising sales, in accordance with
conditions set forth in a staff report dated December 21, t998.
The City Manager submitted a written report concurring in the
recommendation of the Roanoke Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34145-011999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Civic Center Fund Appropriations, and
providing for an emergency.
573
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 344.)
Mr. Harris moved the adoption of Ordinance No. 34145-011999.
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: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#34146-011999) A RESOLUTION authorizing the purchase of
advertising rights from Network Group International, L.P. for the
coliseum scoreboard and the three concourse message centers at the
Roanoke Civic Center.
(For full text of Resolution, see Resolution Book No. 61, page 345.)
Mr. Harris moved the adoption of Resolution No. 34146-011999.
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: None ........................................................................ O.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-TAXES-TELEPHONE COMPANIES: Ordinance No.
34137, amending the Code of the City of Roanoke (1979), as amended,
by amending and reordaining Section 32-282, Com_oensation of seller,
to provide that no compensation shall be allowed to any seller when the
amount due is delinquent at the time of remittance; by enacting new
Section 32-283, Penalty for late remittance, to provide for a penalty of
ten per cent of the tax due applicable to any seller who shall fail or
refuse to remit to the treasurer the tax required within the specified
574
ACTION:
ACTION:
time, having previously been before the Council for its first reading on
Monday, January 4, 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:
(#34137-011999) AN ORDINANCE amending the Code of the City
of Roanoke (1979), as amended, by amending and reordaining §32-282,
ComDensation of seller, to provide that no compensation shall be
allowed to any seller when the amount due is delinquent at the time of
remittance; by enacting new Section 32-283, Penalty_ for late remittance,
to provide for a penalty of ten (10) per cent of the tax due applicable to
any seller who shall fail or refuse to remit to the treasurer the tax
required within the specified time; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 61, page 337.)
Mr. Harris moved the adoption of Ordinance No. 34137-011999.
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: None ,0.
PARKS AND RECREATION-COUNCIL: Mr. Harris offered the
following resolution changing the time and place of commencement of
the regular meeting of City Council from 12:15 p.m., on Monday,
February 1, 1999, to 11:30 a.m., on Monday, February 1, 1999, in the
Emergency Operations Center Conference Room, Room 159, Municipal
Building South, 215 Church Avenue, S. W., City of Roanoke:
(#34147-011999) 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, February 1, 1999.
(For full text of Resolution, see Resolution Book No. 61, page 346.)
Mr. Harris moved the adoption of Resolution No. 34147-011999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
575
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ....................................................... 7.
NAYS: None ........................................... ~. ........................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
FLOOD REDUCTION/CONTROL: Council Member Swain
requested specific information on an advisory committee that was
referred to during a briefing on the Storm Water Management Plan on
January 4, 1999; viz: composition of the advisory committee, who
appointed the advisory committee, and issues to be addressed by the
advisory committee. It was the consensus of Council that the matter
would be referred to the City Manager for report to Council.
TRAFFIC-LEGISLATION: Council Member Swain spoke in support
of increasing the fine for failure to display a current vehicle inspection
decal from $100.00 to the maximum of $200.00 permitted by State law.
It was the consensus of Council that the matter would be referred
to the City Attorney for preparation of the proper measure.
MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY
SERVICES: Council Member Wyatt advised that effective July 1, 1999,
under current State law, Council will be required to approve a
performance contract for mental health/mental retardation/substance
abuse services for services to be provided to City residents. She
requested that the City Manager provide the following information
regarding the services provided by Blue Ridge Community Services by
March 15, 1999:
The services programs being provided and the funding source(s)
(Federal, State, Local dollars) for each.
Identify whether these services are mandated to be
provided and by whom.
B. Indicate the number of clients being served by each
service or program.
576
ACTION:
If the service or program is non-mandated, explain why it is
needed and what assessments(s) were done by whom to
determine the need.
Provide information on needs or gaps in services/programs for
the mental health/mental retardation/substance abuse population
that have been identified and how those gaps/needs were
identified.
A. Provide information on plans or projections for
addressing the unmet needs/gaps in services or
programs.
It was the consensus of Council that the matter would be referred
to the City Manager for report to Council. The Mayor requested that
officials of Blue Ridge Community Services meet with Council Member
Wyatt to discuss her concerns.
COMPLAINTS-REAL ESTATE VALUATION: The Director of Real
Estate Valuation encouraged those citizens having questions with
regard to their real property tax reassessment to contact his office.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 3:55 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.
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. Swain and adopted by the following vote:
577
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ........................................................... 7.
NAYS: None ........................................................................ 0.
CiTY MANAGER: A communication from W. Robert Herbert, City
Manager, tendering his resignation, effective April 9, 1999, at 5:00 p.m.,
was before Council.
(See communication on file in the City Clerk's Office.)
Mr. Swain moved that Council accept the resignation with regret.
The motion was seconded by Mr. Trout and unanimously adopted.
Mr. Swain moved that the City Attorney be requested to prepare
the proper measure appointing James D. Ritchie, Sr., as Acting City
Manager, effective April 9, 1999, at 5:01 p.m., at a salary to be
determined by the Members of Council. The motion was seconded by
Mr. Harris and unanimously adopted.
Mr. Harris moved that the City Manager, City Attorney and City
Clerk be requested to provide Council with appropriate information in
regard to the process for filling the vacancy; and that the City Clerk be
requested to coordinate an activity recognizing the service of
Mr. Herbert. The motion was seconded by Mr. Hudson and
unanimously adopted.
At 5:15 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Tuesday, January 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.
PRESENT: Council Members W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers ....................................................................................... 5.
ABSENT: Council Members C. Nelson Harris and Linda F.
Wyatt- ....................................................................................... 2.
578
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:
CELEBRATIONS-LOCAL COLORS: James Bullion, representing
the National Conference for Community and Justice, advised that the
Roanoke Regional Chapter has adopted Local Colors as its multi-
cultural activity. He presented a calendar listing the major cultural-
ethnic holidays in America and advised that plans are to immediately
develop and present educational programs to local schools, to the
religious community and to organizations and businesses within the
Greater Roanoke Valley. He invited the Members of Council to the
Local Colors gala event on April 18 in the City Market area, and advised
that the Roanoke Chapter has employed Ms. Pearl Fu to serve as
consultant and advisor in coordinating the Local Colors activities.
Ms. Fu expressed appreciation for a renewed interest in Local
Colors and invited the Members of Council to attend activities on
April 18 at 12:00 noon on the City Market.
Without objection by Council, the Mayor advised that the remarks
of Mr. Bullion and Ms. Fu would be received and filed.
PETITIONS AND COMMUNICATIONS:
ARCHITECTURAL REVIEW BOARD: Mrs. Kinzer Otterman, 601
Allison Avenue, S. W., appeared before Council and presented a
petition appealing a decision of the Architectural Review Board relating
to property located at 601 Allison Avenue, S. W.
Mrs. Otterman advised that on November 12, 1998, she requested
a Certificate of Appropriateness from the Architectural Review Board
to allow an overhang, eves and dormers on her home at 601 Allison
579
Avenue, S. W., and the Architectural Review Board denied the request
on the basis that vinyl soffit runs perpendicular to the wood and the
Board suggested installation of parallel vinyl soffit or other material
which is not guaranteed. She referred to a letter from Evelyn S. Lander,
Chief of Planning and Community Development, stating that the
Architectural Review Board abides by its adopted guidelines and has
not approved the installation of vinyl soffit material on a structure in the
Old Southwest Historic District since adoption of design guidelines on
August 10, 1995; however, Mrs. Otterman referred to other houses in
the area where vinyl soffit has been installed since 1995, all of which
have displayed City building permits. She advised that the City has
been remiss by not disseminating information to property owners on
the proposed and adopted guidelines of the Architectural Review
Board, and for the City to force property owners in Old Southwest to
spend money on specified maintenance will cause property owners to
allow their homes to fall into a state of disrepair or to move out of the
neighborhood.
Mrs. Otterman requested Council's assistance in resolving the
matter by allowing her to maintain her home in a manner that is
affordable and is in keeping with that which has been done by other
property owners in the Old Southwest area. She asked that instead of
City officials encouraging neighbors to report neighbors, working
guidelines should be developed by the City that promote continuity
which will help to develop a quality of life that will create a real
neighborhood while, at the same time, promoting the historic district.
(See petition on file in the City Clerk's Office.)
Upon consideration of the evidence (testimony and documents
presented to Council), Mr. Trout moved that Council reverse the
decision of the City of Roanoke Architectural Review Board on
November 12, 1998, and authorize issuance of a Certificate of
Appropriateness for alterations to the structure located at 601 Allison
Avenue, S. W., on the grounds that the proposed alteration of the
structure is compatible with the H-2 District and would enhance those
special visual and spatial qualities that the H-2 District was established
to protect. The motion was seconded by Mr. Hudson.
Robert B. Manetta, Chair, Architectural Review Board, presented
a report of the Board. On behalf of the Board, he recommended that
Council affirm the decision of the Architectural Review Board which is
58O
consistent with the adopted architectural design guidelines for the H-2
District; and affirmation of the Board's decision will maintain
consistence in preserving the contributing architectural features in the
District and sustain the Board's decisions with regard to the treatment
of those architectural features.
(For full text, see report on file in the City Clerk's Office.)
Christopher Muse, President, Old Southwest, Inc., advised that
the Board of Directors of Old Southwest, Inc., supports the decision of
the Architectural Review Board; however, he stated that there is
confusion as to whether there are existing manufacturers who will
guarantee the installation of parallel vinyl soffit within existing
Architectural Review Board guidelines. He stated that if there are
manufacturers who guarantee the installation of parallel vinyl soffit, Old
Southwest believes that the Architectural Review Board's decision is
valid and should not be reversed by Council.
Mr. William Bestpitch, 381 Washington Avenue, S. W., advised
that his concern relates not to the Otterman property, but with regard
to the process. He stated that the argument of Mr. and Mrs. Otterman
that other property owners have been allowed to make the same
improvements is not in conformance with the guidelines or the
provisions of the historic ordinance. He advised that there should be
more discussion and education on the matter and if the guidelines of
the Architectural Review Board need to be changed, the matter should
be addressed through the proper process rather than by allowing
property owners to come to Council on a case by case basis to request
a reversal of the decision of the Architectural Review Board. He
encouraged Council to uphold the decision of the Architectural Review
Board until such time as the guidelines or the historic district
ordinance is changed according to an established procedure.
Mr. Manetta presented a history of the Architectural Review
Board, and advised that detailed guidelines were established for the
historic district by Council following input from citizens, Old
Southwest, Inc., and Downtown Roanoke, Inc., so that persons residing
or owning property in the historic district would know what could and
could not be done with their properties. He pointed out that the
Architectural Review Board has been consistent in administering the
guidelines, providing clarification as to what can and cannot be done
in the historic district, and if the majority of Council believes that the
guidelines should be changed, the Board would like to receive direction
from. Council.
The Mayor raised a question as to whether some localities
require appeals from the decision of the Architectural Review Board to
go directly to the Circuit Court rather than to the governing body;
whereupon, the City Attorney was requested to research the inquiry.
The Mayor advised that historic and architectural preservation
has been a key factor in the rejuvenation of Old Southwest, one of
Roanoke's oldest neighborhoods, and there is value in adhering to the
guidelines established for the historic district. He stated that the
motion, if approved, could set a precedent 'for future requests,
therefore, he could not support the motion.
The motion offered by Mr. Trout, seconded by Mr. Hudson, was
adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, and White .... -4.
NAYS: Mayor Bowers .......................................................... 1.
(Vice-Mayor Harris and Council Member Wyatt were absent.)
ARCHITECTURAL REVIEW BOARD: Mr. Aubrey Hicks, 648 Day
Avenue, S. W., appeared before Council and presented a petition
appealing a decision of the Architectural Review Board in connection
with denial of his request to install lattice material as a porch
balustrade on property located at 648 Day Avenue, S.W. He stated that
if he is required to tear down the improvements that have already been
made to the porch balustrade, he will abide by Council's decision,
however, such action will send a clear message to other homeowners
who might be considering the purchase of property in Old Southwest,
but will not be inclined to do so because of guidelines established by
the Architectural Review Board for the historic district.
Upon consideration of the evidence (testimony and documents)
presented to Council, Mr. Hudson moved that Council reverse the
decision of the City of Roanoke Architectural Review Board on
581
582
December 14, 1998, and authorize issuance of a Certificate of
Appropriateness for alteration of the structure located at 648 Day
Avenue, S. W., on the grounds that the proposed alteration of the ~
structure is compatible with the H-2 District and would enhance those :~ ~ --
special visual and spatial qualities that the H-2 District was established
to protect. The motion was seconded by Mr. Swain.
Christopher Muse, President, Old Southwest, Inc., advised that
each time Council reverses a decision of the Architectural Review
Board it is slowly whittling away at what it means to live in an H-2,
Historic District. He advised that the purpose of the Board of Directors
of Old Southwest, Inc., is to take and support actions that will
strengthen the Old Southwest neighborhood; and the action taken by
Council to reverse the decision of the Architectural Review Board
relating to the previous request of Mr. and Mrs. Otterman and the
request presently before Council by Mr. and Mrs. Hicks will cause
serious harm to the historic character of the old southwest
neighborhood. He requested that Council keep in mind that by
reversing the decision of the Architectural Review Board, it will be
setting a precedent for similar future requests by Old Southwest
property owners.
Mr. Tony Bailey, 652 Day Avenue, S. W., spoke in support of the
request of Mr. and Mrs. Hicks that they be allowed to keep the lattic~e
material as a porch balustrade. He commended property owners who
try to improve their property in the Old Southwest neighborhood in
general, and instead of dwelling on whether the improvements made by
Mr. Hicks to his home are architecturally correct, he encouraged that
Council do the right thing and allow the improvements to remain.
Robert B. Manetta, Chair, Architectural Review Board, presented
a report of the Board. On behalf of the Board, he recommended that
Council affirm the decision of the Architectural Review Board which is
consistent with the adopted architectural design guidelines for the H-2
District; and advised that affirmation of the Board's decision will
maintain consistency in preserving the contributing architectural
features in the District and sustain the Board's decision with regard to
the treatment of those architectural features.
(For full text, see report on file in the City Clerk's Office.)
583
The Mayor reiterated his previous remarks that historic and
architectural preservation has been a key factor in the rejuvenation of
Old Southwest, one of Roanoke's oldest neighborhoods, and there is
value in adhering to the guidelines established for the historic district.
He stated that the motion, if approved, could set a precedent for future
requests; therefore, he could not support the motion.
The motion offered by Mr. Hudson, seconded by Mr. Swain, was
adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout and White ..... -4.
NAYS: Mayor Bowers .......................................................... 1.
(Vice-Mayor Harris and Council Member Wyatt were absent.)
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, January 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of C & C
Development Properties, Inc., that five tracts of land located near the
intersection of Hershberger Road and Williamson Road between
Hershberger Road and Curtis Avenue, N. W., identified as Official Tax
Nos. 2190906 - 2190908, inclusive, and 2190918 and 2190919, be
rezoned from RS-3, Residential Single-Family District, to C-2, General
Commercial 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, December 31, 1998, and Thursday,
January 7, 1999, and in the Roanoke Tribune on Thursday, January 7,
1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A request of G. Michael Pace, Jr., Attorney, representing the
petitioner, requesting that the petition for rezoning be withdrawn, was
before Council.
584
ACTION:
ACTION:
Without objection by Council, the Mayor advised that the request
for rezoning would be withdrawn.
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 Tuesday, January 19, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Bradley A. Jones that a portion of 15th Street, N. E., extending north
from Varnell Avenue, 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, December 31, 1998, and Thursday,
January 7, 1999, and in the Roanoke Tribune on Thursday, January 7,
t999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that closure
and vacation of the street section as described in the original
application would have resulted in the creation of a dead-end alley
(paper alley) on both sides of the vacated street; the Planning
Commission has expressed reservations about allowing dead-end
alleys or streets to be created by closure and vacation; and in response
to the Planning Commission's expressed reservations, staff requested
the applicant to consider amending the request to close only portions
of the platted street to allow for a through alley instead of a dead-end
alley, was before Council.
The City Planning Commission recommended that Council
approve the applicant's first amended application to close and vacate
the above described portion of 15th Street, N. E., subject to certain
conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his client.
Mr. White moved that the following ordinance be placed upon its
first reading:
585
(#34148) 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 358.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34148 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ...................................................................... 0.
(Council Members Harris and Wyatt were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City
Planning Commission that the former N & W Passenger Station located
at 209 Shenandoah Avenue, N. E., identified as Official Tax No.
3013603, be rezoned from HM, Heavy Manufacturing District, to C-3,
Central Business 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, December 31, 1998, and Thursday,
January 7, 1999, and in the Roanoke Tribune on Thursday, January 7,
1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the property is
located within the Central Business District and should be developed
586
ACTION:
in accordance with other similarly zoned properties; and rezoning the
property would be consistent with the City's Comprehensive Plan and
would enable an historic building to be used in ways other than for
industry.
(For full text, see report on file in the City Clerk's Office.)
Evelyn S. Lander, Agent, City Planning Commission, appeared
before Council in support of the request.
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34149) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 301, 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 360.)
The motion was seconded by Mr. Trout.
The Mayor inquired if theirs were persons present who would like
to address Council with regard to the request for rezoning. Theirs being
none, Ordinance No. 34149 was adopted, on its first reading, by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ................................................................... 0.
(Council Members Harris and Wyatt were absent.)
HOUSING/AUTHORITY-VIRGINIA TRANSPORTATION MUSEUM-
CONVENTION AND VISITORS BUREAU-CENTRAL DOWNTOWN
ROANOKE DEVELOPMENT FOUNDATION-GREENWAY SYSTEM-TEA-
21: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the
587
matter may be heard, to consider previously received applications for
Federal funds made available through the Transportation Equity Act for
the 21st Century (TEA-21) for transportation enhancement projects in
fiscal year 1999-2000, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Time~ on Wednesday, January 6 and Wednesday, January 13,
1999, and in the Roanoke Tribune on Thursday, January 7, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Transportation Equity Act for the 21st Century (TEA-21) was signed into
Federal law in June, 1998, which action re-authorized the Federal
Surface Transportation Programs for six years, from fiscal year 1998 to
2003, replacing the Intermodal Surface Transportation Efficiency Act;
the new law provides $215 billion in spending authority for highways
and transit, including $3 billion for transportation enhancement
projects; and TEA-21 requires State Departments for Transportation to
set aside ten per cent of their Surface Transportation Program (STP)
allocation each year for transportation enhancements, was before
Council.
The City Planning Commission endorsed the following projects:
Fifth Planning District Commission
Roanoke Higher Education Authority
Roanoke Valley Convention and Visitors Bureau; and
Virginia Museum of Transportation, Inc.
It was advised that the Planning Commission abstained from
voting on the application from the Roanoke Redevelopment and
Housing Authority because of questions regarding the specifics of
property acquisition costs and proposed demolition; and since the
meeting of the City Planning Commission, the Housing Authority has
provided additional information which is attached to the report.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted a written report advising that five
enhancement project applications were received; project applications
must be formally endorsed by Council and the Metropolitan Planning
588
Organization (prior to submittal to VDOT by the applicant by
January 31,1999); Commonwealth Transportation Board approval of
projects is expected to occur in June, 1999; Council resolutions that
would endorse these five project applications also require, according
to VDOT, that the City of Roanoke agree to pay a minimum of 20 per
cent of the total cost for planning and design, right-of-way and
construction of the project, and, if the City subsequently elects to
cancel a project, the City agrees to reimburse VDOT for the total
amount of costs expended by VDOT through the date of cancellation of
the project; and agreements to be executed between the City and the
applicants will require the applicant to be fully responsible for matching
funds and if the project is canceled, the agreement will also require the
applicant to reimburse the City for all amounts due VDOT.
The City Manager recommended that Council endorse project
applications by separate resolutions; that Council agree to pay the
respective percentages of the total cost for each project and if the City
elects to cancel any project, the City would reimburse VDOT for the
total amount of costs associated with any work completed on either
project through the date of cancellation notice; that the City Manager
be authorized to execute, on behalf of the City, City/Stats Agreements
for project administration, subject to approval of project applications
by VDOT; and that the City Manager be further authorized to execute on
behalf of the City, legally binding agreements with each applicant,
subject to their application being approved by VDOT, requiring the
applicants to be fully responsible for matching funds, as well as all
other obligations undertaken by the City by virtue of the City/State
Agreement.
(For full text, see report on file in the City Clerk's Office.)
The City Manager submitted an additional report advising that the
Roanoke Foundation for Downtown, Inc., (RFDI) submitted an
application at the encouragement of Congressman Bob Goodlatte's
office in January, 1998, seeking an amendment to the TEA-21
legislation to include transportation funds for the Roanoke Passenger
Station Renovation project; and Council was not required to provide a
resolution endorsing the project application at that time.
It was further advised that Roanoke Foundation for Downtown,
Inc., received an allocation of $500,000.00 from the High Priority Project
funds for renovation of the Roanoke Passenger Station; the $500,000.00
is provided over six years (11 per cent in fiscal year 1998, 15 per cent
in fiscal year 1999, 18 per cent in fiscal year 2000, 18 per cent in fiscal
year 2001, 19 per cent in fiscal year 2002, 19 per cent in fiscal year
2003); this is not a direct Federal grant, but a reimbursement program;
upon execution of all appropriate agreements, 80 per cent of the
expenditures incurred are reimbursed by Federal funds, and the 80 per
cent Federal funds require a 20 per cent match.
It was explained that the Federal Highway Administration views
VDOT as the recipient agency for these funds; VDOT, in turn, views the
City of Roanoke as the responsible entity to implement the
improvement with whatever involvement as deemed appropriate
between the City and the Roanoke Foundation; therefore, this project
will be coordinated through the City of Roanoke and the Administration
Agreement will be with the City; VDOT indicates that the project must
now be formally endorsed by Council; and a resolution that would
endorse the project also requires that the City agree to pay a minimum
of 20 per cent of the $500,000.00 allocation, and if the City subsequently
elects to cancel the project, the City agrees to reimburse VDOT through
the date of cancellation of the project.
The City Manager recommended that Council endorse, by
resolution, the Roanoke Passenger Station Renovation project; agree
to pay 20 per cent of the $500,000.00 allocation and, if the City elects to
cancel the project, the City would reimburse VDOT for total amount of
costs associated with any work completed on the project through the
date of cancellation notice; that the City Manager be authorized to
execute, on behalf of the City, City/State Agreements for project
administration; and that the City Manager be further authorized to
execute on behalf of the City a legally binding agreement with the
Roanoke Foundation for Downtown, Inc., requiring the Foundation to
be fully responsible for its 20 per cent matching funds as well as all
other obligations undertaken by the City by virtue of the City/State
Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
589
59O
(#34150-011999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the Lick
Run Greenway, a component of the Roanoke Valley Comprehensive
Greenway System.
(For full text of Resolution, see Resolution Book No. 61, page 347.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34150-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None .0.
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the following resolution:
(#34151-0t1999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
preservation of the former Norfolk and Western headquarters building
known as GOB North.
(For full text of Resolution, see Resolution Book No. 61, page 349.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34151-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ...................................................................... 0.
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the following resolution:
591
ACTION:
ACTION:
(#34152-011999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
acquisition and rehabilitation of the former Norfolk and Western
headquarters building known as GOB South and related improvements.
(For full text of Resolution, see Resolution Book No. 61, page 350.)
Mr. Trout moved the adoption of Resolution No. 34152-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ...................................................................... 0.
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the following resolution:
(#34153-011999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
construction and operation of a Tourism Welcome Center in a portion
of the former Norfolk and Western Passenger Station adjacent to the
Hotel Roanoke & Conference Center and the Historic Farmer's Market.
(For full text of Resolution, see Resolution Book No. 61, page 352.)
Mr. Trout moved the adoption of Resolution No. 34153-011999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the following resolution:
592
ACTION:
ACTION:
(#34154-011999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
improvement of the Virginia Museum of Transportation.
(For full text of Resolution, see Resolution Book No. 61, page 353.)
Mr. Trout moved the adoption of Resolution No. 34154-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None .................................................................... 0.
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the following resolution:
(#34155-011999) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
Roanoke Passenger Station Restoration; authorizing execution of
agreements between the City and the Virginia Department of
Transportation and Roanoke Foundation for Downtown, Inc., in
connection with the project.
(For full text of Resolution, see Resolution Book No. 61, page 355.)
Mr. Trout moved the adoption of Resolution No. 34155-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ...........
.0.
(Council Members Harris and Wyatt were absent.)
DOWNTOWN ROANOKE, INC.-TRAFFIC-BUDGET: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Tuesday,
593
January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may
be heard, to consider changing downtown traffic patterns from one-way
traffic to two-way traffic flow on Salem Avenue (from Williamson Road
to Sixth Street, S. W.), and Campbell Avenue (from Second Street to
Fifth Street, S. W.), and other related traffic matters, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke TimQ~ on Tuesday, January 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a written report advising that the
Outlook Roanoke plan which serves as a vision for downtown Roanoke
included a recommendation for changing Salem Avenue and Campbell
Avenue to two-way traffic; representatives of the City administration
have met over the past several months with a task force appointed by
City staff and comprised of individuals interested in the proposal to
discuss the challenges and opportunities which such a change in
traffic patterns could create for the downtown area; and traffic pattern
options that were initially considered included: change both Salem
Avenue and Campbell Avenue to two-way traffic, do not change either
Salem Avenue or Campbell Avenue, change the intersection of
Williamson Road and Salem Avenue to include a new traffic signal and
allow left turns.
It was further advised that the task force believes that changing
to two-way streets would support economic investment in downtown;
the task force indicates that, while slower traffic can be an
inconvenience to motorists who are on their way elsewhere, the recent
completion of the Second Street/Gainsboro Road project provides an
opportunity to divert through traffic from Salem and Campbell Avenues,
thereby allowing these downtown streets to serve as primarily local
destinations; public input opportunities were made available through
several methods; and the initial public input generated from Outlook
Roanoke workshops conducted in July, 1996, resulted in a request to
restore as much two-way traffic as possible in downtown Roanoke.
It was noted that the Task Force approved a recommendation on
November 17, 1998, to the City of Roanoke that the traffic pattern on
Salem Avenue be changed to two-way for its entire length; and the
traffic pattern of Campbell Avenue be changed to two-way from 2nd
594
Street west and a traffic signal be installed on Williamson Road at the
corner of Salem Avenue to permit left turns from Williamson Road to
Salem Avenue, and from Salem Avenue to Williamson Road (this
intersection is not included on the City's overall list of locations in need
of signalization and its installation becomes necessary as part of the
overall CBD Signal System Project).
It was explained that 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 1996 Bond Referendum for plans and equipment needed
to replace the existing system which has been in operation for
approximately 20 years; completion of plans for the replacement
project are being delayed until the traffic flow of Salem Avenue and
Campbell Avenue is resolved; an engineering services contract with
Wilbur Smith Associates was approved in an amount not to exceed
$163,148.00 by Council on January 21, 1997, for design services for the
CBD traffic signal system; and a supplemental agreement to the
contract is needed to address additional services related to the two-
way traffic plan.
The City Manager recommended that Council concur in changing
from one-way traffic to two-way traffic flow on Salem Avenue (from
Williamson Road to 6th Street, S. W.) and Campbell Avenue (from 2nd
Street to 5th Street, S. W.), which includes signalization of the
Williamson Road/Salem Avenue intersection; authorize Amendment No.
1 of the engineering services contract with Wilbur Smith Associates for
additional engineering services for the "Central Business District
Traffic Signal System" to provide an increase of $18,900.00, for a total
amount not to exceed $182,048.00; and transfer $18,900.00 from the
Streets and Sidewalks Category of the 1996 Bond Issue (Account No.
008-052-9701-9191) to the CBD Signal System Account (No. 008-052-
9544-9001).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
0~34156-011999) AN ORDINANCE to amend and reordain certain
sections of the 1998-99 Capital Projects Fund Appropriations, and
providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 61, page 357.)
Mr. Trout moved the adoption of Ordinance No. 34156-011999.
The motion was seconded by Mr. Hudson.
R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc.,
urged that Council approve the recommendation of the City Manager,
which has received considerable public input through a series of public
sessions and business owner notification. He stated that he supports
the recommendation of the City Manager because it is the right thing
to do, particularly for Salem Avenue, and to cause downtown Roanoke
to be a location where visitors can reach their destination with the least
amount of confusion.
Stephen Lemon, 2505 Cornwallis Avenue, S. E., a property owner
on both sides of Salem Avenue, S. W., advised that the process has
been thorough, well thought out, and the recommendation of the City
Manager is well founded. He requested that Council approve the City
Manager's recommendation.
William Carder, 617 South Jefferson Street, spoke in support of
the recommendation of the City Manager.
Beverly T. Fitzpatrick, Jr., Chair, Downtown Roanoke's Outlook
Roanoke Subcommittee, spoke in support of the recommendation of
the City Manager, and congratulated the City for allowing citizen input,
and downtown business owner input. He advised that the
recommendation before Council represents a compromise on the part
of many persons who participated in the project over a long period of
time.
Ben Burch, 357 Salem Avenue, S. W., appeared before Council
in support of the recommendation of the City Manager which will
provide easier access for not only citizens but for tourists visiting
downtown Roanoke.
Ordinance No. 34156-011999 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None ........................................................................ 0.
595
596
ACTION:
(Council Members Harris and Wyatt were absent.)
Mr. Trout offered the folloWing resolution:
(#34157-011999) A RESOLUTION concurring in Downtown traffic
pattern alterations and installation of a new signalized intersection in
Downtown.
(For full text of Resolution, see Resolution Book No. 61, page 358.)
Mr. Trout moved the adoption of Resolution No. 34157-011999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................. 5.
NAYS: None O.
(Council Members Harris and Wyatt were absent.)
OTHER HEARING OF CITIZENS:
PAY PLAN-CITY EMPLOYEES: Lylburn C. Ollie, 1522 Rorer
Avenue, S. W., a Roanoke City Police Officer, advised that in 1979, the
City rewarded employees with 15 years of service or longer with a five
per cent pay increase, or longevity step. He stated that in 1985, the
merit pay system was adopted, and the longevity step was eliminated.
At that time, he advised that Council inquired if long term City
employees would continue to be rewarded with the longevity step to
which the City Manager replied that the matter would be .handled on a
case by case basis; however, he stated that when he became eligible
for his longevity step, it was denied. He advised that he did not believe
that Council or the City Manager could terminate the longevity step
without adopting the appropriate measure and because of the
grandfather clause, he should receive his longevity step. He requested
that Council take appropriate action to approve his longevity step.
It was the consensus of Council that the matter would be referred
to the City Manager and the City Attorney for report within 30 days.
597
STREET NAMES: Mr. Jeffrey AAis, 727 Highland Avenue, S. E.,
representing the Southern Christian Leadership Conference, appeared
before Council in connection with changing the name of Orange
Avenue to Martin Luther King, Jr. Avenue, and referred to petitions
signed by residents of Orange Avenue that were forwarded to
appropriate City staff (petitions were not filed with the City Clerk). He
advised that the community has shown overwhelming support for the
idea, research has shown that the request can be granted at minimal
cost to the City primarily by changing street signs from Orange Avenue
to Martin Luther King, Jr. Avenue, and any potential problems with mail
delivery would be minimal. He stated that the City of Roanoke and all
cities owe a debt of gratitude to Dr. King, for he exemplified Roanoke's
dream of being an All America City, and changing the name of Orange
Avenue to Martin Luther King, Jr. Avenue should be nothing more than
a formality, with minimal conflict and disruption to the daily lives of
Roanoke and its citizens. He encouraged Council to support the
request.
It was the consensus of Council that the request of Mr. Artis
would be referred to the City Planning Commission for study, report
and recommendation to Council.
COMPLAINTS-TRAFFIC: Mr. Kevin Jones, 1120 Kerns Avenue,
S. W., addressed Council with regard to inadequate parking facilities in
the City Market area. When a person receives a parking citation, he
called attention to the need for clarification in connection with who is
responsible for paying certain court costs. He requested that there be
written information on the citation, or the court subpoena, or posted in
the courtroom advising that those individuals who are found to be in
violation of the citation will be required to pay court costs. He inquired
as to the proper entity to whom he should submit an appeal, and
requested that Council continue to address the issue of inadequate
parking in downtown Roanoke.
It was the consensus of Council that Mr. Jones' concerns would
be referred to the City Manager for the purpose of bringing the matter
to the attention of appropriate court officials, with a follow-up report to
Council.
598
There being no further business, the Mayor declared the meeting adjourned
at 9:20 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor