HomeMy WebLinkAboutMins 09/04/01 - 04/01/02NOTICE
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
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
September 4, 2001
10:30 a.m.
A joint meeting of Roanoke City Council and the Roanoke County Board of
Supervisors was called to order on Tuesday, September 4, 2001, at 10:30 a.m., at the
Fire Training Center, 1220 Kessler Mill Road, Salem, Virginia, for the purpose of
recognizing the first Roanoke Valley Fire/EMS Recruiting School, with Mayor
Ralph K. Smith and Board Chairman H. Odell Minnix presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members
William D. Bestpitch, William White, Sr., and Mayor Ralph K. Smith ........................ 3.
ABSENT: Council Members William H. Carder, C. Nelson Harris,
W. Alvin Hudson, Jr., and Linda F. Wyatt ............................................................. -4.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Supervisors
Joseph B. Church, Harry C. Nickens, Joseph P. McNamara and Chairman
H. Odell Minnix ................................................................................................ -4.
ABSENT: Supervisor Bob L. Johnson ....................................................... 1.
STAFF PRESENT: Representing Roanoke City: Darlene L. Burcham, City
Manager; William M. Hackworth, CityAttorney; James D. Grisso, Director of Finance;
and Mary F. Parker, City Clerk; representing Roanoke County: Elmer C. Hodge,
County Administrator; John M. Chambliss, Jr., Assistant Administrator for H~:.man
Services; Paul M. Mahoney, County Attorney; and Mary H. Allen, Clerk to the Board
of Supervisors.
FIRE/EMS: Supervisor Church welcomed all guests, including administrative
officials, staff and recruits.
The meeting of Roanoke City Council was called pursuant to Section 10,
Meetings of Council, of the Roanoke City Charter, and pursuant to the following
communication from the City Manager:
"August 31, 2001
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of City Council:
Pursuant to Sec. 10, Meetings of Council, of the Charter of the City of
Roanoke, I am calling a Special Meeting of Roanoke City Council on Tuesday,
September 4, 2001, at 10:30 a.m., to be held at the Roanoke Valley Regional Fire/EMS
Training Center, 1220 Kessler Mill Road, Salem, Virginia, for the purpose of a joint
briefing of Council and the Roanoke County Board of Supervisors regarding a
proposed City-County c,ooperation agreement relating to the provision of fire and
emergency medical services from the County's Clearbrook Station, and to respond
to questions about the proposed agreement. Council will not be expected to take
any action during the Special Meeting.
Sincerely yours,
S: Darlene L. Burcham
Darlene L. Burcham
City Manager
DLBIca
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk"
Chairman Minnix expressed appreciation for the spirit of cooperation and
willingness of the localities of the Roanoke Valley to work together which has
existed for quite some time with regard to various projects that the localities have
engaged in.
Mayor Smith advised that this cooperative venture between the City of
Roanoke, the County of Roanoke and City of Salem demonstrates the commitment
of the local jurisdictions to improve the quality of service for its regional citizenry,
in order to provide a more comprehensive approach to emergency services in the
Roanoke Valley.
City Manager Darlene Burcham advised that it is an important day for not only
the FIRE/EMS recruits, but for the municipalities as well. She stated that the City of
Roanoke, Roanoke County and the City of Salem comprise the Roanoke Valley and
all representatives wish to serve the citizens of the Roanoke Valley in the best
possible way. She added that she was proud to be a part of a ceremony that
recognizes regional cooperation which is something that the citizens of the Roanoke
Valley have wanted for some time and this occasion marks the beginning of other
joint ventures.
Roanoke County Administrator Elmer Hodge advised that this is a great day
of potential for the Roanoke Valley. He congratulated Fire/EMS recruits and referred
to other areas of regional cooperation that have existed in the Roanoke Valley during
past years.
Chief Richard E. Burch, Jr. and Chief James Grigsbywelcomed all participants
and congratulated the recruits. They discussed opportunities that are available to
the localities as a result of combining resources to form a reciprocal agreement for
Fire/EMS, and recognized the transition team and training recruits.
There being no further business, the special joint meeting was adjourned at
11:10 a.m.
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 4, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 4, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, C. Nelson Harris,
William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith ................................. 5.
ABSENT: Council Members William H. Carder and W. Alvin Hudson,
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body·
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed bythe Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, White, Wyatt
and Mayor Smith ........................................................................................... 5.
NAYS: None---
(Council Members Carder and Hudson were absent.)
CITY PROPERTY-COUNCIL: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to disposition of publicly-owned property, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in a Closed Meeting to discuss a matter with regard to disposition of
publicly-owned property, where discussion in open meeting would adversely aifect
the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, White, Wyatt
and Mayor Smith ........................................................................................... 5.
NAYS: None ............................................................................................ -0.
(Council Members Carder and Hudson were absent.)
At 12:17 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Room 159.
The Council reconvened in the Emergency Operations Center Confe,,=nce
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., at
12:25 p.m., for a joint meeting of Council and Congressman Bob Goodlatte, with
Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ........................................................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
OTHERS PRESENT: Peter S. Larkin, District Director for Congres~;:nan
Goodlatte.
Following lunch, the meeting reconvened at 12:50 p.m.
~ Congressman Goodlatte called attention to success in obtaining funds for a
transportation appropriation to construct a new garage and office facility for the
Roanoke area for Dial A Ride, in the amount of $2 million. He advised that he has
worked with representatives of the Roanoke Regional Airport to obtain $10 million
from the Federal Aviation Administration for improvements, primarily to airport
runways, and he will continue efforts to secure funds to construct a new air traffic
control tower. He called attention to joint efforts with Congressman
Frederick C. Boucher to provide local to local satellite television service to..the
smaller television markets, and referred to the Farm Bill which was successful in
funding a rural utility service program that is a private program which provides loan
guarantees, and the goal is to provide Channels 7, 10, 13 and the Fox Network with
a satellite dish to serve this part of the state. He discussed continuing efforts to
bring passenger rail service to southwest Virginia, and advised that working in
conjunction with Congressman Boucher, last years' appropriation bill included
language requiring AMTRAK to participate in a Virginia initiative in which several
million dollars have been appropriated to improve rail lines in this area, and to begin
to offer passenger rail service from Abington to Roanoke to Lynchburg to Richmond
and to Washington, D. C. He referenced his efforts to provide support in terms of
capital costs which are two-fold: (1) to require that AMTRAK participate in the
project and (2) that AMTRAK make a contribution. He explained that AMTRA~('s
contribution should be defined and the intention is that AMTRAK will contribute
locomotives and passenger rail cars, and an operating subsidy will be needed from
the State. Over the long term, he advised that there will be a change in policy that
will allow railroads to be improved for not only passenger rail service, but to make
railroads more competitive overall.
Council Member Bestpitch addressed the issue of renovation of the City's
passenger rail station, the O. Winston Link Exhibit, and relocation of the information
Center of the Roanoke Valley Convention and Visitors Bureau to the former
passenger rail station. He stated that if passenger rail service could be restored at
about the same time that the renovations are completed, an excellent addition
would be provided to the Star City. Congressman Goodlatte advised that some time
ago, he was successful in obtaining a $500,000.00 appropriation from Congress and
he will look for other ways to be helpful as the project progresses. He added that the
State has appropriated approximately $9 million in preparing infrastructu~*for
passenger rail service.
The City Manager advised that the O. Winston Link collection and passenger
rail service are two issues that appear to be totally separate, but are related because
the O. Winston Link Collection will bring much attention to the City of Roanoke and
generate numerous visitors who are railroad enthusiasts. She stated that she was
aware of Congressman Goodlatte's interest in the future of Virginia Tech and its goal
of being one of the major research universities in the country, and referred to a
recent remark by a Virginia Tech official who stated that passenger rail service
would be an asset to the university; therefore, she stated that passenger rail service
has many implications for Roanoke as a community from an economic development
perspective and a tourism perspective. She advised that if there is anything the City
of Roanoke can do, in concert with Virginia Tech, to promote the kind of unique
activity that passenger rail service will represent, the City would welcome
Congressman Goodlatte's suggestions. She stated that the link between Virginia
Tech and the City of Roanoke is key to the City's future.
Congressman Goodlatte expressed excitement regarding downtown housing,
renovation of the General Office Building South and advised that he will work closely
with the Roanoke Redevelopment and Housing Authority on funding issues. He
called attention to exciting changes taking place in Lincoln Terrace by developing
the area into attractive on street housing instead of the campus type of environment
that previously existed. He advised that he is working with the Roanoke City School
System on problems it has encountered regarding background checks for
prospective employees, and he is waiting for a response from the FBI on the issue.
He explained that the School Board believes there is a problem with the FBI system
in terms of the timeliness of reporting information. He called attention to the tax
relief measure that passed Congress earlier this year that includes major
improvements to Deferred Compensation Retirement Plans of all types, with
incentives for improvements to education savings accounts. He stated that he
continues to follow the State's decision in regard to 1-73 in view of concerns that
were expressed regarding the selected route and will continue to work with the State
Board of Transportation and the Virginia Department of Transportation to resolve
concerns to ensure more and improved transportation connections from Roanoke
to the south in order to minimize the impact and to provide citizens with an
opportunity to be heard on the issue. He noted that the Federal Highway
Administration must approve the plan approved by the State. He advised that he
shares a common interest with the Mayor in promoting the use of technology to
make Roanoke a better place to live, to create more jobs and to insure that the
Roanoke area has the necessary technology to be competitive in the marketplace in
the future.
Council Member Wyatt concurred in Congressman Goodlatte's remarks
regarding technology; however, she stated that one of the key factors in attracting
technology to the area is to have a computer literate citizenry. She spoke tu the
need of having computers in the classroom so that children may become computer
literate at an early age in order to become the kind of employees that high tech
companies are looking for. Congressman Goodlatte responded that he would work
with the City as he worked with the West End Center to upgrade computer
equipment. He referred to the Bill and Melinda Gates Foundation Grants and advised
that he would be pleased to work with the City to pursue funding. He suggested that
Randy Frazier address either City Council or the School Board with regard to
assistance rendered by his company to countries all over the world in regard to
reconditioning older computers.
~,, The City Manager advised that as a largely developed community, the City of
Roanoke is faced with the condition of brownfields as opposed to greenfields when
attempting to attract new businesses as well as expanding existing businesses. She
stated that the City is about the business of redeveloping a significant amount of
acreage in the South Jefferson Street area which will be the first of several
redevelopment activities that the City of Roanoke will undergo in future years. She
stated that in order to remain competitive, it is an area that the City will have to
remain vigilant on; therefore, it is hoped that Congressman Goodlatte and his staff
will remember Roanoke whenever a brownfield piece of legislation is introduced,
when there is an opportunity for grants or pilot projects in those areas, or redirection
of certain incentives and activities to attract projects to those areas where
infrastructure already exists, rather than spending considerable sums of money for
businesses to locate in areas outside of urban communities, thus necessitating that
services be taken to the businesses. She added that the issue will be of concern to
the City for many years to come, not only as it relates to the South Jefferson Street
project, but numerous other projects.
The Mayor spoke to the competitiveness of the airlines servicing the Roanoke
Valley and noted that action needs to be taken to create more flights and more
competitive airline rates. Congressman Goodlatte advised that he has been
supportive of the airport in terms of infrastructure, repaving of runways, the air
traffic control tower and he will continue to work with the City and airport personnel
on airport issues. He stated that he has been interested in attracting as many
carriers to the Roanoke area as possible and the key is lower costs. He noted that
Congress has moved away from direct subsidies of passenger tickets.
There being no further business, the Mayor expressed appreciatie~ to
Congressman Goodlatte for meeting with the Members of Council, and declared the
meeting in recess at 1:40 p.m., to be reconvened in the City Council Chamber at
2:00 ~p.m.
At 2:00 p.m., on Tuesday, September 4, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder (arrived
at 3:00 p.m.), C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt and Mayor Ralph K. Smith ........................................................ 7.
ABSENT: None ...... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
Richard Geoghegan, Pastor, Cave Spring United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-UNITED WAY: The Mayor presented a proclamation
declaring September 6 - 8, 2001, as "United Way - Days of Caring" in the City of
Roanoke. ..
PROCLAMATIONS: The Mayor presented a proclamation declaring Thursday,
September 20, 2001, as Southwest Virginia "Light The Night" Day, and the month of
September 2001 as Leukemia & Lymphoma Awareness Month in the Ci'.,, of
Roanoke.
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.
MINUTES: Minutes of the regular meetings of Council held on Monday,
August 20, 2001, were before the body.
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Vice-Mayor Carder had not arrived at the meeting.)
COMMITTEES-COMMUNITY PLANNING: Acommunication from the Honorable
Donald S. Caldwell, Commonwealth's Attorney, tendering his resignation as a
member of the Roanoke Valley-Allegheny Regional Commission, was before Council.
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None- . ........... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
EASEMENTS-CITY PROPERTY-CABLE TELEVISION: A communication from
the City Manager advising that pursuant to requirements of §§15.2-1800(B) and
15.2-1813, Code of Virginia (1950), as amended, the City of Roanoke is required to
hold a public hearing on the proposed conveyance of property rights, and requesting
that a public hearing be advertised for Monday, September 17, 2001, at 7:00 p.m., or
as soon thereafter as the matter may be heard in the City Council Chamber, in
connection with granting an easement across City-owned property to CoxCom, Inc.,
d/bla Cox Communications Roanoke (Cox Communications), for the purpose of
constructing, owning, and operating a communications line, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 6.
NAYS: None---
(Vice-Mayor Carder had not arrived at the meeting.)
EASEMENTS: A communication from the City Manager advising that pursuant
to requirements of §§15.2-2270, Code of Virginia (1950), as amended, the City of
Roanoke is required to hold a public hearing on the proposed vacation of a public
easement, and requesting that a public hearing be advertised for Monday,
September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard
in the City Council Chamber, in connection with the proposed vacation of a public
easement on Churchill Drive, N. W., was before Council.
Mr. Harris moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... --0.
(Vice-Mayor Carder had not arrived at the meeting.)
CITY CLERK-COMMITTEES-INDUSTRIES: A communication from the City
Clerk advising of the resignation of Thomas Pettigrew as a member of the Industrial
Development Authority, was before Council.
Mr. Harris moved that Council receive and file the communication and accept
the resignation. The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
GREENWAY SYSTEM-LIBRARIES-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Brian M. Shepard as a member of the Roanoke Valley Greenways
Commission for a term ending June 30, 2004; ,.
Barry W. Baird as a member of the Roanoke Valley Greenways
Commission for a term ending June 30, 2002; and
Herbert D. McBride as a member of the Roanoke Public Library Board
for a term ending June 30, 2004.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
~. AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
ECONOMIC DEVELOPMENT-VIRGINIA'S FIRST REGIONAL FACILITY
AUTHORITY: A communication from Council Member William D. Bestpitch, City of
Roanoke Representative to Virginia's First Regional Industrial Facility Authority,
advising that pursuant to Agreement dated September 1, 1998, the City of Roanoke
became one of the initial members of Virginia's First Regional Industrial Facility
Authority which was created to enhance the economic base for member localities
by developing, owning, and/or operating one or more facilities on a cooperative
basis; by agreement dated October 14, 1999, the City of Roanoke, together with
certain other member localities, entered into a Participation Agreement for the
Authority's first project known as the New River Valley Commerce Park Project to
be located in Pulaski County, Virginia; and the Project is in the process of being
developed, but the Authority has been requested by lenders to provide for project
based financing for projects undertaken by the Authority, was before Council. It was
further advised that Wythe County has requested to withdraw from the Project since
it intends to pursue its own economic development efforts in Wythe County; the
Authority has agreed to allow Wythe County to withdraw and to make its shares
available to other participants in accordance with the Participation Agreement;
counsel for the Authority has prepared an Agreement for Project Based Financing
by the Authority and an amendment to the Participation Agreement to allow
withdrawal of Wythe County; and counsel for the Authority has requested that the
appropriate jurisdictions approve execution of the documents to enable the
Authority to proceed with appropriate financing for the Project and to allow Wythe
County to withdraw from the Participation Agreement.
Council Member Bestpitch recommended that Council approve provisions of
the Agreement for Project Based Financing by Virginia's First Regional Industrial
Facility Authority and amendment to the New River Valley Commerce Park Project
Participation Agreement.
Mr. Bestpitch offered the following emergency ordinance:
(#35541-090401) AN ORDINANCE authorizing an Agreement for Project
Financing by Virginia's First Regional Industrial Facility Authority (Authority);
authorizing the Mayor and the City Clerk to execute such Agreement; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Bestpitch moved the adoption of Ordinance No. 35541-090401. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 6.
NAYS: None ............................................................................................ -0.
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Bestpitch offered the following emergency ordinance:
(#35542-090401) AN ORDINANCE approving an Amendment to the New River
Valley Commerce Park Project Participation Agreement; authorizing the Mayor and
the City Clerk to execute such Amendment; and providing for 'an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
~ · Mr. Bestpitch moved the adoption of Ordinance No. 35542-090401. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ............................................................................................ 0.
(Vice-Mayor Carder had not arrived at the meeting.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a
communication advising that certain ballfield lighting replacement consists of
replacement of the existing lighting system for seven City park softball/baz~-ball
fields (Huff Lane Park - Fields 1 and 2, Strauss Park, Westside Ballfield - Field 1,
Garden City Park, Norwich Park, Jackson Park and Preston Park); and Hager
Electric, LLC, submitted the Iow bid, in the amount of $436,281.48 (which consists
of $429,499.00 for the Base Bid and $6,782.48 for Additive Bid Item No. 1 for
installation of the lighting system and equipment at Preston Park - Field 2).
]4
The City Manager recommended that Council accept the bid and authOrize
execution of a contract with Hager Electric, LLC, in the amount of $436,281.48, with
170 consecutive calendar days of contract time, and reject all other bids received by
the City.
Mr. Harris offered the following emergency ordinance:
(#35543-090401) AN ORDINANCE accepting the bid of Hager Electric, LLC, for
ballfield lighting replacement at Huff Lane Park - Fields 1 and 2, Strauss Park,
Westside Ballfield - Field I, Garden City Park, Norwich Park, Jackson Park and
Preston 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. 65.)
Mr. Harris moved the adoption of Ordinance No. 35543-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. -6.
NAYS: None
(Vice-Mayor Carder had not arrived at the meeting.)
Upon completion of the projects, Council Member White requested that the
City Manager contact the appropriate neighborhood organizations to provide
information on ballfield lighting improvements.
BUDGET-HOUSING AND NEIGHBORHOOD SERVICES: The City Manager
submitted a communication advising that in May, 2001, a new Department of
Housing and Neighborhood Services was established in response to various
neighborhood concerns; the new department's budget was established in July,
2001, and operations for housing, building maintenance code, and weeds were
transferred to the new department; since that time, additional changes to improve
code enforcement have been pursued; specifically, inspection operations forzoning
and junk cars are recommended to be transferred to the new department to facilitate
cross training for inspectors and improved efficiency in the field; and to accomplish
this administrative change, funds allocated for these operations need to be
transferred from the Department of Planning Building and Development budget to
the Department of Housing and Neighborhood Services budget, to cover personnel
and operating costs.
]5
It was further advised that another improvement in code enforcement is
recommended; i. e.: currently, three building maintenance code inspectors and a
clerical position are funded from the Housing and Urban Development (HUD),
Community Development Block Grant (CDBG) budget; this funding method limits the
effectiveness of inspectors since they can only inspect properties in areas approved
by HUD as areas of predominately Iow and moderate income; Council was advised
during fiscal year 2001-02 budget study that these positions would be funded in the
General Fund during fiscal year 2002-03; however, funding of these positions in the
General Fund is now being recommended to allow inspectors to be used more
effectively in inspecting all properties and not just those in areas of predominately
Iow and moderate income; the proposed change is being made in concert with
changes previously discussed to allow maximum flexibility, cross training, and
productivity of inspection personnel in enforcing various City codes; and
$150,143.00 in CDBG funds previously appropriated for Code Enforcement will be
made available for other CDBG-eligible activities during the current year or carried
over to the next budget cycle.
The City Manager recommended that Council approve the following
appropriations:
Transfer funds totaling $169,562.00 from the Department of Planning
Building and Development to the Department of Housing and
Neighborhood Services for four zoning inspector positions and related
operating expense;
Transfer funds totaling $80,996.00 from Contingency Account No.
001-300-9410-2199 to Department of Housing and Neighborhood
Services;
Increase the revenue estimate in State Aid to be received for libraries
by $69,147.00 due to aid to be received in excess of the original
estimate;
and appropriate this amount to accounts to be designated by the Director of
Finance for the Department of Housing and Neighborhood Services.
Mr. Harris offered the following emergency budget ordinance:
(#35544-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
]6 -
Mr. Harris moved the adoption of Ordinance No. 35544-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ....................................................................................... -6.
NAYS: None
mmmmmmmmmmmmmO!
(Vice-Mayor Carder had not arrived at the meeting.)
BUDGET-GRANTS-ARTS COUNCIL OF ROANOKE VALLEY-ROANOKE
SYMPHONY ORCHESTRA-MILL MOUNTAIN THEATRE-OPERA ROANOKE: The City
Manager submitted a communication advising that notification has been received
from the Commonwealth of Virginia Commission for the Arts that a $5,000.00 Local
Government Challenge Grant has been awarded to the City of Roanoke; application
for the grant was made at the request of the Arts Council of Roanoke Valley,
Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke; in order
to receive funds, the Commission for the Arts must obtain written confirmation that
local tax revenue dollars will be used to match or exceed the amount of the grant;
and for fiscal year 2001-02, the above listed organizations will receive local tax dollar
funding through the Cultural Services Committee in the following amounts:
· Arts Council of Roanoke Valley $11,500.00
· Roanoke Symphony Orchestra 21,500.00
· Mill Mountain Theatre 9,500.00
· Opera Roanoke 6,272.00
The City Manager recommended that Council adopt a resolution authorizing
acceptance of the grant, appropriate funds to an account to be established by the
Director of Finance in the Grant Fund entitled, "Challenge Grant FY 02",. and
establish a revenue estimate of $5,000.00, with grant funds to be distributed to the
four sponsoring agencies in the amount of $1,250.00 each.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35545-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Bestpitch moved the adoption of Ordinance No. 35545-090401. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ............................................................................................ -0.
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Bestpitch offered the following resolution:
(#35546-090401) A RESOLUTION authorizing the acceptance of a Local
Govi~rnment Challenge Grant from the Virginia Commission for the Arts, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Bestpitch moved the adoption of Resolution No. 35546-090401. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 6.
NAYS: None .......................................................................................... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
BUDGET-PUBLIC WORKS: The City Manager submitted a communication
advising that the Public Works Service Center project consists of pressure cleaning
of the present standing seam metal roof, installation of insulation and a new 60 mil
EPDM adhered roof membrane which is the last area of the Public Works Service
Center to be re-roofed; and Consolidated Industrial Roofing, Inc., submitted the Iow
bid in the amount of $83,750.00.
The City Manager recommended that Council accept the bid and authorize
execution of a contract with Consolidated Industrial Roofing, Inc. in the amount of
$83,750.00, with 60 consecutive calendar days of contract time; reject all other bids
received by the City; and transfer $88,000.00 from Facilities Management Account
No. 001-440-4330-3057 to a new capital account entitled, "Public Works Service
Center New Roof Level 4".
Mr. Harris offered the following emergency budget ordinance:
(#35547-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
]8 -
Mr. Harris moved the adoption of Ordinance No. 35547-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Harris offered the following emergency ordinance:
(#35548-090401) AN ORDINANCE accepting the bid of Consolidated Industrial
Roofing, Inc., for the pressure cleaning of the present standing seam metal roof, the
installation of insulation and a new 60 mil EPDM adhered roof membrane at the
Public Works Service Center (Roof Level 4, Phase 3), 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. 65.)
Mr. Harris moved the adoption of Ordinance No. 35548-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .......................................................................................... -6'
NAYS: None
(Vice-Mayor Carder had not arrived at the meeting.)
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
communication advising that there is an existing drainage easement located at the
back of properties in the 1100 and 1200 blocks of Trevino Drive that was created
with the Monterey Hills Subdivision Map dated July 21,1972; the drainage easement
began as a small ditch, however, due to years of erosion, the ditch is now five t~ six
feet in depth and continues to increase in size; construction plans have been
completed to install approximately 1,160 feet of gabion baskets and place rip rap on
the bottom of the channel beginning at 1121 Trevino Drive and ending at 1247
Trevino Drive; and Merle Callinder, t/a Callinder's General Construction, submitted
the Iow bid for the project, in the amount of $167,901.80.
The City Manager recommended that Council accept the bid and authorize
execution of a contract with Merle Callinder, t/a Callinder's General Construction, in
the amount of $167,901.80, with 120 consecutive calendar days to complete the
project; reject all other bids received by the City; and transfer $155,207.00 from
Public Improvement Bond Series 1996, Account No. 008-052-9701-9176, and
$37,893.00 from Public Improvement Bond Series 1999, Account No.
008-052-9709-9176, to an account to be established by the Director of Finance
entitled, "Trevino Drive Storm Drainage Project".
Mr. Harris offered the following emergency budget ordinance:
(#35549-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Harris moved the adoption of Ordinance No. 35549-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ..................................................................................... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Harris offered the following emergency ordinance:
(#35550-090401) AN ORDINANCE accepting the bid of Merle Callinder, t/a
Callinder's General Construction, for the installation of approximately 1,160 feet of
gabion baskets and to place rip rap on the bottom of the channel beginning at 1121
Trevino Drive and ending at 1247 Trevino Drive for the Trevino Drive Storm Drainage
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. 65.)
Mr. Harris moved the adoption of Ordinance No. 35550-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
20 -
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ..................................................................................... -6.
NAYS: None .............................................................................. 0.
(Vice-Mayor Carder had not arrived at the meeting.)
BUDGET-INDUSTRIES: The City Manager submitted a communication advising
that the amount of $187,979.00 was appropriated as a receivable from VDOT
Industrial Access funds to Account No. 008-052-9632 for the Roanoke Centre for
Industry and Technology (RClT) Infrastructure Extension project; since the
appropriation, the above referenced project has been completed, and total funds
received were $162,839.25, therefore, remaining funds must be de-appropriated.
The City Manager recommended that Council de-appropriate $25,140.00 in
Account No. 008-052-9632 and reduce associated accounts receivable by the same.
Mr. Harris offered the following emergency budget ordinance:
(#35551-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
~ Mr. Harris moved the adoption of Ordinance No. 35551-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith. ' ........... -6'
NAYS: None
(Vice-Mayor Carder had not arrived at the meeting.)
BUDGET-ROANOKE CiViC CENTER: The City Manager submitted a
communication advising that several improvements are needed to existing Civic
Center facilities which will also address issues in the Arena License Agreement with
Arena Ventures, LLC to accommodate the Roanoke Dazzle; the Civic Center
Expansion and Renovation Project includes office space, locker room renovations,
lighting improvements, weight room, meeting rooms and basketball floor; total
project cost for all needed improvements is approximately $3 million, which will be
funded through the sale of General Obligation Public Improvement Bonds; following
public advertisement, the City received qualification proposals from four
architectural firms; and Rosser International, Inc., was selected as the best qualified
to provide design services for proposed improvements.
21
It was further advised that City staff has negotiated an agreement for the
above work with Rosser International, Inc. for a lump sum fee not to exceed
$262,500.00; funding for the agreement is available in Civic Center Capital Outlay,
Account No. 005-550-2108-9015; funding in the total amount of $285,000.00 is needed
for the project; and additional funding in excess of the contract amount is needed
to support advertising expenses, testing and other unforeseen project expenses.
The City Manager recommended that she be authorized to execute a Contract
for Consultant Services with Rosser International, Inc. in the amount of $262,500.00;
that Council appropriate $285,000.00 from Civic Center Capital Outlay, Account No.
005-550-2108-9015, to a new capital account entitled, "Civic Center Expansio,,~ and
Renovation - Phase I"; and that Council adopt a resolution indicating the City's
intent to reimburse itself from the proceeds of General Obligation Public
Improvement Bonds to be issued in the future.
Mr. Hudson offered the following emergency budget ordinance:
(#35552-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Hudson moved the adoption of Ordinance No. 35552-090401. The motion
was seconded by Mr. Harris.
The Mayor expressed concern with regard to past services render¢=F: by
Rosser International on behalf of the City related to Victory Stadium. He stated that
engaging the services of Rosser International for this project could set the stage for
the company to serve as the City's consultant when it goes to bid for the
stadium/amphitheater project.
Inasmuch as emergency measures require five affirmative votes of the Council
to pass, Ordinance No. 35552 was lost by the following vote:
AYES: Council Members Bestpitch, Harris, White and Wyatt ........................ .4.
NAYS: Council Members Hudson and Mayor Smith ..................................... -2.
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Harris moved for a reconsideration of Ordinance No. 35552. The motion
was seconded by Mr. Bestpitch and adopted, Mayor Smith voted no.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35552) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Civic Center Fund Appropriations.
The motion was seconded by Mr. Bestpitch and adopted bythe following vote:
AYES: Council Members Bestpitch, Harris, White and Wyatt ....................... -4.
NAYS: Council Member Hudson and Mayor Smith ..................................... -2.
(Vice-Mayor Carder had not arrived at the meeting.)
Later during the meeting and following the arrival of Vice-Mayor Carder at
approximately 3:00 p.m., Mr. Harris moved for a reconsideration of Ordinance No.
35552. The motion was seconded by Mr. Bestpitch and unanimously adopted.
Mr. Harris offered the following ordinance as an emergency measure:
(#35552-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Harris moved the adoption of Ordinance No. 35552-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, White and Wyatt ............. 5.
NAYS: Council Member Hudson and Mayor Smith ...................................... 2.
Mr. Harris offered the following resolution:
(#35553-090401) 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 Resolution No. 35373-060401, adopted June 4, 2001, for
certain expenditures to be made in connection with proposed capital improvements
to the Roanoke Civic Center; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Harris moved the adoption of Resolution No. 35553-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Vice-Mayor Carder had not arrived at the meeting.)
Mr. Harris offered the following resolution:
(#35554-090401) A RESOLUTION authorizing a contract with Rosser
International, Inc., for engineering services for the design and development of
construction documents and related work for Phase I of the Civic Center Expansion
and Renovation Project.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Harris moved the adoption of Resolution No. 35554-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White and Wyatt ........... 5.
NAYS: Mayor Smith .................................................................................. 1.
(Vice-Mayor Carder had not arrived at the meeting.)
GREENWAY SYSTEM-WESTERN VIRGINIA LAND TRUST-ENVIRONMENTAL
POLICY-READ MOUNTAIN PRESERVATION: The City Manager submitted a
communication advising that at Council's meeting on August 20, 2001,
Dr. William N. Gordge addressed Council on behalf of the Read Mountain Alliance
and advised that Read Mountain is a prominent Roanoke Valley landmark that
included undeveloped pristine forest; in addition to its scenic beauty, Read Mountain
provides diverse recreational opportunities and potential regional greenway
connections; and requested that the City of Roanoke join with other localities in
supporting efforts to preserve Read Mountain.
It was further advised that In 1999, the City of Roanoke purchased
approximately 56 acres of land at the base of Read Mountain for expansion of the
Roanoke Centre for Industry and Technology (RClT) (Oppenheimer property); ~_-,'hen
developed, this property will be graded in accordance with a proffered development
plan that provides for landscape buffering and retention of vegetation between the
proposed industrial sites and the residential areas along Read Mountain Road; City
staff has discussed goals of the Read Mountain Alliance and plans for expansion of
24 -
RCIT with Ron Crawford, sponsor and leader of the Read Mountain Alliance, who
indicates that his interest is in protecting the top of the mountain and plans for the
RCIT would not be adversely affected by preservation efforts; and he would like to
pursue a greenway connection from Read Mountain to the RCIT and the Tinker Creek
Greenway in the future.
It was explained that City staff inquired of Mr. Crawford as to support of Read
Mountain property owners regarding preservation efforts, and were advised that of
the 15 major property owners on the mountain, 12 property owners are supportive,
including three primary property owners on the mountaintop; staff spoke with the
Botetourt County Administrator and an Assistant Roanoke County Administrator
regarding the City's interest in supporting the preservation efforts for Read
Mountain, both of whom welcomed the City's interest and expressed support of
preservation efforts as set forth in resolutions adopted by their localities.
The City Manager recommended that Council adopt a resolution supporting
the preservation of Read Mountain and efforts of the Read Mountain Alliance.
Mr. Harris offered the following resolution:
(#35555-090401) A RESOLUTION expressing the support of City Council for
the efforts of the Read Mountain Alliance to enhance and preserve Read Mountain.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Harris moved the adoption of Resolution No. 35555-090401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................ -6.
NAYS: None
(Vice-Mayor Carder had not arrived at the meeting.)
At this point, Vice-Mayor Carder entered the meeting.
BUDGET-CMERP: The City Manager submitted a communication advising that
Section 2-189 of the City Code establishes a reserve from the year-end General Fund
balance for the funding of capital improvements and capital maintenance and
equipment replacement; the amount reserved from the undesignated fund balance
is calculated as ten per cent of total General Fund appropriations, less any sums
paid for General Fund debt service during the fiscal year; the Fiscal Year 2000-01
General Fund balance designated for CMERP is $5,454,530.00; and in addition,
$116,400.00 remains unspent from the Fiscal Year 1999-00 CMERP, resulting in a
total of $5,570,930.00 available for appropriation.
It was further advised that the recommended CMERP spending plan
addresses a number of key organization requirements:
Vehicular equipment replacement and acquisition necessary to
facilitate the effective implementation of recent service delivery
changes in Solid Waste Management, including an expanded recycling
program;
Capital improvements and vehicular equipment needed in support of
realignment of service delivery responsibilities in the departments of
Parks and Grounds Maintenance and Streets and Traffic to provide
services more effectively and efficiently;
Implementation of the Police Take-Home Vehicle Program as discussed
with Council during the fiscal year 2001-02 budget development
process;
Provision of necessary employee safety equipment in the Fire-EMS
Department and acquisition of more sophisticated equipment to
enhance emergency medical service and firefighting capabilities;
Paving of all streets in priority category "A", a total of 68 lane-miles of
streets;
Acquisition of specialized equipment necessary to adequately maintain
greenways;
Funding of critical facilities maintenance requirements determined
through the Building Assessment Program;
Provision of additional funding to "cash fund" priority capital
improvements to the extent possible in lieu of long-term debt financing;
and
Lease financing of office furnishings for the new Human Services
building in lieu of cash funding to more closely align with the likely
timeframe in which the Commonwealth of Virginia would partially
reimburse these expenses. Appropriation for the lease payment will
take place in a later report to Council.
The City Manager recommended that Council concur in CMERP funding
recommendations totaling $5,570,930.00, appropriate $3,082,459.00 to certain
spe~:ified accounts, and transfer $216,800.00 in the Police Building Capital Project
Fund Account (008-052-9563-9035) to capital accounts to be established by the
Director of Finance.
Mr. Harris offered the following emergency budget ordinance:
(#35556-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, Transportation, Capital Projects, Fleet Management, and
Grant Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Harris moved the adoption of Ordinance No. 35556-090401. The motion
was seconded by Mr. Bestpitch.
Mr. Hudson advised that on August 20, when the Director of Finance
presented the City's unaudited year end fund balance, he was both pleased and
concerned with the amount of undesignated funds; however, he was shocked when
only three days later, he received a communication from the City Manager setting
forth proposed uses for the City's portion of the undesignated fund balance. He
added that in years past, several months have passed before Council receives
requests from the City Manager for equipment purchases, etc. He expressed
concern with regard to the expenditure of $50,000.00 to hire a consultant to study
space needs for Municipal North following relocation of the Social Services
Department to its new offices at the former Sears building on Williamson Road,
especially in view of the fact that the City has in house engineers who can perform
the task. He also expressed concern with regard to the expenditure of the funds
before the final audit is completed and spoke in support of reserving a portion of the
money for a "rainy day" fund. He stated that some of the equipment referred to in
the City Manager's communication is needed and he would support the City
Manager's recommendation because the communication is worded in such a way
that those items cannot be voted on separately by Council.
In clarification, the Director of Finance advised that the City Manager's
communication provides for appropriation, but not expenditure of the funds~ He
stated that over $3 million in the year end fund balance was derived from
unexpended appropriations from last fiscal year and approximately $2 million in
excess revenue collections. He pointed out that the figures are unaudited at this
time, however, the audit should be completed on or about October 15. He advised
that approximately $800,000.00 is included in the appropriation that is not
specifically designated to be spent and was established for cash funding of capital
projects and those funds will not be released or encumbered until the audit has been
completed. He stated that the City administration began working on the priority
capital equipment needs list shortly after Council adopted the City's annual
operating budget in May. He added that by appropriating the entire balance today,
only those items that the City Manager does not have authority to obligate the City
will be submitted to Council for approval at a later date, and smaller items will be
addressed by the City Manager in the routine manner.
Mr. Hudson reiterated his request for information on a cost break down on
implementation of the new solid waste collection program.
Council Members White and Bestpitch advised that the equipment referenced
in the City Manager's communication is needed in order for City government to
operate efficiently; and the City Manager's proposed action is a step forward, rather
than appropriating funds at different times throughout the fiscal year. They stated
that major items on the proposed list were discussed by Council throughout the
budget planning process, the City's list of needs is much longer than it has available
funds, and the City Manager's recommendation appears to be an increase in
efficiency and effectiveness for City government.
The City Manager advised of her goal to submit a budget to Council in fiscal
year 2002-03 and future budgets that establishes a specific amount of funds to be
designated for needed capital costs in lieu of a Capital Maintenance and Equipment
Replacement Program. She stated that it is true that the recommendation is
submitted to Council several months earlier this year than in prior years which was
done at her urging because she hears from department managers on a daily basis
regarding equipment replacement needs; therefore, the process has been
accelerated by approximately two months in order to acquire equipment that was
identified approximately 18 months ago as needed by the City organization. She
added that it is a process that has been many months in the making and started
immediately after budget adoption in May and countless hours have been devoted
by City staff not only in submitting requests, but evaluating and prioritizing t~'~ose
requests. She stated that over $3 million of the undesignated fund balance is the
result of deliberate under expenditure of dollars by the City organization, in order to
make funds available for needed capital items; however, that is not the way the City
should operate long term. She added that a reserve has been set aside in the
proposal that will be a contribution to capital which will remain in the capital account
and cannot be spent by City staff until there is a specific Council action that will
either appropriate the total amount or some portion of the amount to a specific
capital project.
With regard to the previous question raised by Council Member Hudson of
$$0,000.00 to engage a consultant to study space needs for Municipal North, the City
Manager advised that it was a judgment call on the part of Engineering staff as to
which projects the department can address and which projects require the service
of an outside consultant. She stated the City does not have sufficient staff to
provide architectural and engineering services for all City projects and that
particular $50,000.00 is intended for an evaluation of the entire north side o; the
building once the space is vacated by the Social Services component.
The Mayor expressed concern with regard to the City's ever increasing debt
and the pace at which the City is spending taxpayer dollars. He stated that he will
support the recommendation of the City Manager because there are a number of
items that need to be addressed; however, a portion of the funds should be retained
in an "opportunity fund" that would address other needs of the City as they occur.
Ordinance No. 35556-090401 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None
BUDGET-CMERP-EQUIPMENT: The City Manager submitted a communication
advising that in the previous report dated September 4, 2001, Council was requested
to approve a recommendation that $2,291,000.00 of Fiscal Year 2000-01 General
Fund balance designated for the Capital Maintenance and Equipment Replacement
Program be allocated for technology needs; in addition, the Department of
Technology, an internal service fund, has retained earnings totaling $500,000.00 that
can be allocated, for a total of $2,791,000.00; the Information Technology Committee
(ITC) has completed an Information Technology Strategic Plan for the City and has
developed a list of priority projects and equipment needs that have been determined
to be supportive in meeting the goals of the plan; all items will be purchased in
accordance with requirements established in Chapter 23.1, Procurement, Code of
the City of Roanoke (1979), as amended; and total funding request of $2,791,000.00
is available, as follows:
Current Year Capital Maintenance and Equipment Replacement -
$2,291,000.00
Department of Technology, Prior Year Retained Earnings Account -
$500,0OO.00
The City Manager recommended that Council adopt a budget ordinance to
appropriate funds to new or existing project accounts to be established by the
Director of Finance to support strategic technology needs and enhancements.
Mr. Harris offered the following emergency budget ordinance:
(#35557-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Department of Technology Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Harris moved the adoption of Ordinance No. 35557-090401. The motion
was seconded by Mr. Carder.
Mr. Martin Jeffrey, 912 Hyde Park Drive, S. W., suggested that Council either
vote against or table the item. He stated that to say the funds will not be expended
today is misleading, although there are worthy expenditures on the recommended
list that should be addressed; however, the process is so skewed in favor of the City
administration over the citizens that it is outrageous. He added that there is clearly
a surplus of funds, however, the funds will not be returned to the taxpayers, but
instead given to the City administration to spend on certain worthy projects, but also
on certain projects that may be questionable. He advised that if there is extra
money, it should be returned to the taxpayers, but if the funds are not returned to the
citizens, they should be spent on worthy Community Development Block Grant
projects, or arts and cultural projects that the City heretofore has been unable to
fund. He requested that Council vote no on the recommendation of the City Manager
as a sign that the City intends to transact business in a different format.
Ordinance No. 35557-090401 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
TRAFFIC-FEE COMPENDIUM: The City Manager submitted a communication
advising that the City of Roanoke currently owns or controls five parking garages
and several surface parking lots; current parking rates for these facilities were
established by Council on May 1, 2000, pursuant to Resolution No. 34770-050100,
with fees for the Tower Parking Garage having been amended by Resolution No.
35025-082100; since that date, construction has been completed on the City-owned
surface parking area located north of Center Avenue, N. W., and adjacent to the
Roanoke Higher Education Center; the parking garage located at 25 Shenandoah
Avenue is currently under construction with an anticipated opening of
December 1, 2001; these two parking facilities will serve the Roanoke Higher
Education Center, the Shenandoah Crossing apartments, the Roanoke
Neighborhood Development Corporation's future building project and the general
public; suggested parking rates for these two facilities were coordinated with the
stakeholders by former Assistant City Manager, Kit B. Kiser, and need to be adopted
by Council; the monthly rate for designated reserved parking spaces in the parking
garage, which may be amended from time to time, will cover spaces to be provided
for the Shenandoah Crossing apartments; and such rates will be subject to the same
or similar terms as those provided for other parking facilities above mentioned.
The City Manager recommended that Council establish parking fees for the
Gainsboro parking garage and the Gainsboro surface parking area by adopting
parl~ing rates as set forth in an attachment to the report and amend the Fee
Compendium to reflect fees and charges, effective September 4, 2001, such rates to
be subject to similar terms as provided for other parking facilities above mentioned.
Mr. Harris offered the following resolution:
(#35558-090401) A RESOLUTION providing for the adoption of parking rates
to be charged at the Gainsboro parking garage and the Gainsboro surface parking
area facilities; and directing amendment of the Fee Compendium.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Harris moved the adoption of Resolution No. 35558-090401. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None .................................................................................. ----0.
BUDGET-PARKS AND RECREATION: The City Manager submitted a
communication advising that the Eureka Recreation Center Roof Replacement
project consists of replacement of the roof at Eureka Recreation Center with a new
Ethylene Propylene Diene Monomer (EPDM) adhered roof on the high roof above the
gymnasium and an EPDM ballasted roof on the Iow roof above the administrative
offices; and six bids were received for the project, with John T. Morgan Sheet Metal
Company, Incorporated, submitting the Iow bid in the amount of $93,354.00.
The City Manager recommended that Council accept the bid and authorize
execution of a contract with John T. Morgan Sheet Metal Company, Incorporated, in
the amount of $93,354.00, with 60 consecutive calendar days of contract time; reject
all other bids received by the City; and transfer $98,000.00 from Facilities
Management Account No. 001-440-4330-3057 to the Capital Projects Fund where
funding may be appropriated in a new capital account entitled, "Eureka Recreation
Center Roof Replacement".
Mr. White offered the following emergency budget ordinance:
(#35559-090401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. White moved the adoption of Ordinance No. 35559-090401. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ -0.
Mr. Bestpitch offered the following resolution:
(#35560-090401) A RESOLUTION accepting the bid of John T. Morgan Sheet
Metal Company, Incorporated, for the replacement of the roof at Eureka Recreation
Center with a new Ethylene Propylene Diene Monomer (EPDM) adhered roof on the
high roof above the gymnasium and an EPDM ballasted roof on the Iow roof above
the administrative offices, 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 Resolution, see Resolution Book No. 65.)
Mr. Bestpitch moved the adoption of Resolution No. 35560-090401. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
Council Member White requested that the City Manager contact
representatives of the appropriate neighborhood organization(s) with regard to the
abovereferenced action.
BUDGET-EMERGENCY SERVICES: The City Manager submitte~ a
communication advising that the City of Roanoke and Roanoke County currently
have reciprocal fire and rescue agreements that provide for cross-jurisdictional
emergency response; both jurisdictions have identified the need to further these
cooperative efforts in order to provide a higher level of fire and rescue service by
co-staffing the Roanoke County Clearbook Station; the City of Roanoke benefits by
significantly reducing response times to the 220 South/Southern Hills section of the
City; Roanoke County benefits by extending its hours of coverage with paid staff;
co-staffing the Clearbrook Station achieves enhanced service delivery without
adding additional resources; and City personnel will be reassigned to meet the
obligation of the six positions identified in the agreement.
The City Manager recommended that she be authorized to execute the Fire
and Emergency Medical Services Agreement to cooperatively and jointly co-staffthe
Roanoke County Clearbrook Station, sold agreement to be approved by the City
Attorney.
Mr. Carder offered the following emergency ordinance:
(#35561-090401) AN ORDINANCE authorizing execution of a Fire and
Emergency Medical Agreement with the County of Roanoke to provide for joint
staffing of the Roanoke County Clearbrook Station to provide fire and related
emergency medical services within the areas designated to be served by the
Clearbook Station; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Carder moved the adoption of Ordinance No. 35561-090401. The motion
was seconded by Mr. Bestpitch.
Ms. Wyatt advised that when the proposal was presented, Council was given
the assurance that it would be a step toward a regional fire department; however,
she expressed concern that this does not appear to be the situation. She advised
that the City of Roanoke has a full time, paid fire department funded by City taxpayer
dollars, as opposed to a volunteer staff in Roanoke County. She stated that she
would be supportive of a full time paid fire department staff, but those reassurances
are not coming from Roanoke County. She read a portion of a memorandum from
the Fire Chief of Roanoke County Fire and Rescue personnel, as follows: "Part of
this plan will allow the City to reassign six of their personnel to our Clearbrook
Station. This is an advantage for Roanoke County because it will allow us to serve
the 220 corridor more effectively while supplementing the volunteer personnel
already serving at this station. This will not and should not effect the volunteer
effort. The volunteers are expected and asked to serve in the same capacity as they
have been. The additional personnel will be a supplement to the volunteers that are
already serving."
Mr. Hudson reiterated Ms. Wyatt's concerns and advised that there are a
number of unanswered questions that will need to be addressed before he could
support the proposal.
The City Manager clarified that the agreement before Council provides that
primary response to the City will be by paid fire and rescue personnel and the six
City staff that would be assigned to the station, along with the 12 staff assigned by
Roanoke County, would provide the required complement of staff for an engineer
complement and a rescue complement, with primary response to the City by paid
staff. She advised that the effective date of the agreement is proposed t~q be
January 1,2002, which will provide almost four months for the two transition teams,
one from Roanoke County and one from Roanoke City, to identify as many situations
in advance as possible so that appropriate protocols and operating procedures are
in place prior to the time that the automatic aid agreement goes into effect.
Mr. Bestpitch referred to a communication from the Roanoke Fire Fighters
Association with regard to certain issues of concern, and requested that the City
Manager insure that the issues are addressed as a part of the transition team
process.
Ms. Wyatt clarified her previous remarks with regard to paid versus volunteer
staff, and advised that her remarks were not intended to be critical of volunteer staff
from Roanoke County or the quality of service they render. However, she stated that
her remarks were intended to reflect that this is a philosophical difference between
the two organizations.
Ordinance No. 35561-090401 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, White,
and Mayor Smith ............................................................................................... 5.
NAYS: Council Members Hudson and Wyatt .............................................. -2.
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,
2001.
Without objection by Council, the Mayor advised that the Financial Rel~ort
would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
-
FIRE DEPARTMENT-LEASES: Ordinance No. 35534, having previously been
before the Council for its first reading on Monday, August 20, 2001, read and
adopted on its first reading and laid over, was again before the body, Mr. Bestpitch
offering the following for its second reading and final adoption:
(#35534-090401) AN ORDINANCE authorizing an agreement with the City of
Salem, Virginia, to provide mutual automatic aid for fire protection services within
designated areas; and authorizing notice of termination of the lease for the fire
station located at 4810 Salem Turnpike, N. W.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Bestpitch moved the adoption of Ordinance No. 35534-090401. The motion
was seconded by Mr. Carder.
Ms. Wyatt raised questions with regard to what will happen to Fire Station
No. 12 if the mutual automatic aid proposal is not successful. She stated that the
lease on Fire Station No. 12 should not be terminated until there is some level of
certainty as to whether the proposal is working.
Ordinance No. 35534-090401 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, White and Mayor Smith ............. -4.
NAYS: Council Members Harris, Hudson and Wyatt ................................ 3.
COUNCIL:
VIRGINIA MUNICIPAL LEAGUE: Mr. White offered the following resolution
designating Vice-Mayor William H. Carder and Council Member William D. Bestpitch
as Voting and Alternate Voting Delegates, respectively, to the Annual Business
Meeting of the Virginia Municipal League to be held on Tuesday, October 16, 2001,
in Virginia Beach, Virginia:
(#35562-090401) 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. 65.)
Mr. White moved the adoption of Resolution No. 35562-090401. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... -0.
COUNCIL:
NATIONAL LEAGUE OF CITIES: Ms. Wyatt offered the following resolution
designating Vice-MayorWilliam H. Carder and Council Member William D. Bestpitch,
respectively, as Voting and Alternate Voting Delegates to the Annual Business
Meeting of the National League of Cities, to be held on Saturday, December 8, 2001,
in Atlanta, Georgia:
(#35563-090401) 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. 65.)
Ms. Wyatt moved the adoption of Resolution No. 35563-090401. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ..................................................................................... -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ZONING-HOUSING/AUTHORITY: Council Member Harris, Council's liaison
member to the Roanoke Redevelopment and Housing Authority, called attenti,-q to
a joint meeting of Council and the Housing Authority scheduled for Thursday,
October 18, 2001, at 5:00 p.m., and encouraged the Members of Council to provide
him with discussion items for the agenda.
The City Manager called attention to a joint meeting of Council and the Board
of Zoning Appeals to be held on Monday, September 17, 2001, at 5:00 p.m., and
requested that Council Members provide the City Clerk with discussion items for the
agenda.
SCHOOLS-MUNICIPAL AUDITOR: Council Member Wyatt moved that the City
Attorney and Municipal Auditor be requested to prepare a measure for consideration
by Council providing for a comprehensive internal audit of the school system which
does not conflict with an opinion of the Attorney General, said audit to be performed
by the Municipal Auditing Department, with specifics of the audit to be detailed in a
yearly letter of engagement between City Council and the School Board; and that the
Chair of the City's Audit Committee be requested to contact the Chair of the School
Board's Audit Committee to convene a joint meeting of the two bodies to discuss
details of the letter of engagement. The motion was seconded by Council Member
Harris and unanimously adopted.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard and for Council to
listen. He stated that matters requiring referral to the City Manager will be referred
immediately for response, recommendation or report to Council.
COMPLAINTS-COUNCIL: Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W.,
Roanoke County, addressed Council with regard to numerous issues of concern to
the Citizens of Roanoke. He called attention to decisions that are made by Council
on behalf of taxpayers, and advised that there are legitimate questions that citizens
will continue to ask, and City government should be more accountable to its citizens
when conducting City business. He stated that Council is making major decisions
and moving millions of dollars through the system with taxpayers' money. ,
REAL ESTATE VALUATION: Ms. Berniece Meador, 370 Koogler Drive, S. W.,
called attention to an individual who was recently observed canvassing her
neighborhood who allegedly was contracted to photograph all houses and
businesses in the Roanoke Valley for inclusion on the Internet. She requested more
information on the project and an explanation as to why citizens were not informed.
The Director of Real Estate Valuation advised that he would meet with
Ms. Meador following the Council meeting to address her concerns.
COMPLAINTS-COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
addressed Council as a self-appointed "watch dog" over City affairs. She stated that
Council as a body should improve its method of communicating with citizens by
allowing citizens to express themselves to Council as one complete body. She
added that citizens can be better informed in several ways: (1) tape and televis~ the
12:15 p.m. Council sessions, (2) tape and televise meetings of the Board of Zoning
Appeals and other committees that represent the interests of citizens, and (3)
publicize pertinent facts about agenda items in The Roanoke Times and The
Roanoke Tribune, or publish the agenda with informative information about each
agenda item. She requested that Council determine if it is legal for City Council
meetings to be held on the third and fourth Mondays of the month, or on alternate
days, to meet in the four quadrants of the City to hear citizen concerns. When
citizens address Council, she suggested that there be an exchange of dialogue
between Council Members and citizens.
At 5:10 p.m., the Mayor declared the meeting
sessions.
in recess for two closed
At 6:10 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wya=-. and
MayorSmith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
FLOOD REDUCTION/CONTROL-COMMITTEES: The Mayor advised that there
is a vacancy on the Flood Plain Committee, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Mack D. Cooper.
There being no further nominations, Mr. Cooper was elected as a member of
the Flood Plain Committee for a term ending June 30, 2002, by the following vote:
FOR MR. COOPER: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt and Mayor Smith ........................................................................... 7.
ROANOKE CIVIC CENTER-OATHS OF OFFICE-COMMITTEES: The Mayor
advised that the term of office of Robert C. Poole as a member of the Roanoke Civic
Center Commission will expire on September 30, 2001, and called for nominations
to fill the vacancy.
Mr. Hudson placed in nomination the name of Robert C. Poole.
There being no further nominations, Mr. Poole was reelected as a member of
the Roanoke Civic Center Commission, for a term ending September 30, 2004, by the
following vote:
FOR MR. POOLE: Council Members Bestpitch, Carder, Harris, Hudson, White,
Wyatt and Mayor Smith .................................................................................... 7.
BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE-COMMITTEES: The
Mayor advised that the term of office of Edward S. Colonna as a member of the New
Construction Code, Board of Appeals, will expire on September 30, 2001, and called
for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Edward S. Colonna.
There being no further nominations, Mr. Colonna was reelected as a member
of the New Construction Code, Board of Appeals, for a term ending
September 30, 2006, by the following vote:
FOR MR. COLONNA: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt and Mayor Smith .......................................................................... 7.
ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-
COMMITTEES: The Mayor advised that there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee, for a term ending
November 30, 2003, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Christine C. Proffitt.
There being no further nominations, Ms. Proffitt was elected as a member of
the Roanoke Neighborhood Partnership Steering Committee, for a term ending
November 30, 2003, by the following vote:
FOR MS. PROFFITT: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt and Mayor Smith ........................................................................... -7.
HOUSING/AUTHORITY-COMMITTEES-OATHS OF OFFICE: The Mayor advised
that the term of office of Ben J. Fink as a Commissioner of the Roanoke
Redevelopment and Housing Authority expired on August 31, 2001, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Ben J. Fink.
There being no further nominations, Mr. Fink was reelected as a member of
the Roanoke Redevelopment and Housing Authority for a term ending
August 31, 2005, by the following vote:
FOR MR. FINK: Council Members Bestpitch, Carder, Harris, Hudson, White,
Wyatt and Mayor Smith ...................................................................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 6:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
~~Ralph K Smith
Mayor
40 --~
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
September 17, 2001
1:00 p.m.
The Council of the City of Roanoke met in a special session on Monday,
September 17, 2001, at 1:00 p.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City
of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Section 10, Meetings
of Council of the Charter of the City of Roanoke.
COUNCIL MEMBERS PRESENT: Council Members William H. Carder,
W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith
COUNCIL MEMBERS ABSENT: Council Member C. Nelson Harris (arrived at
1:10 p.m.), and William White, Sr.- ....................................................................... 2.
CITY PLANNING COMMISSION MEMBERS PRESENT: Alfred T. Dowe, Jr.,
Robert B. Manetta and D. Kent Chrisman, Chairman .............................................. 3.
CITY PLANNING COMMISSION MEMBERS ABSENT: Gilbert E. Butler,
S. Wayne Campbell, Melvin L. Hill and Richard A. Rife .......................................... -4.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; Stephanie M. Moon, Deputy City
Clerk; and Martha P. Franklin, Secretary, City Planning Commission·
COUNCIL-CITY PLANNING COMMISSION: The Mayor referred to the following
communication calling the special meeting of Council:
"September 14, 2001
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to Section 10, Meetings of Council, of the Charter of the City
of Roanoke, (1950), I am calling a special meeting of Roanoke City
Council for Monday, September 17, 2001, at 1:00 p.m., in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W. The purpose of the
meeting will be to engage in a work session with the City Planning
Commission with regard to presentation of the Downtown Roanoke
Outlook Plan.
41
Sincerely,
(S)George C. Snead for
Darlene L. Burcham
City Manager"
The Mayor called on the City Manager for introduction of the briefing.
The City Manager expressed appreciation to City Council and the City
Planning Commission for an opportunity to present a briefing on the Outlook
Roanoke Plan for downtown Roanoke, as well as offer results of a parking study that
was commissioned in concert with the downtown plan.
Ms. Burcham called upon Matt Kennell, Executive Director, Downtown
Roanoke, Inc., for remarks. Mr. Kennell recognized the members and participants
of the Outlook Steering Committee, which consisted of downtown business people
and property owners, residents of Roanoke County, real estate brokers and
Downtown Roanoke, Inc. Board Members. Thereafter, he introduced Ray Gindroz,
a consultant with Urban Design Associates.
Mr. Gindroz shared a slide presentation highlighting the result from the first
five years of the Master Plan; and acknowledged the progress made to date on the
efforts proposed:
Rebuilding Gateways
Reconnecting City Streets
Defining City Places
The Rail District
Downtown Living
Regional Marketing and Community Investment
He noted the following key parts in connection with the downtown area:
The new Carilion Biomedical Institute that will extend from
the Roanoke River and Victory Stadium site to Elm
Avenue;
The Library and Elmwood Park;
Church Avenue, the most pedestrian-oriented east-west
street that links the City Market and Williamson Road with
City Hall and the Jefferson Center;
Campbell and Salem Avenues and the railroad tracks with
their collections of underutilized, but useful buildings; and
The Higher Education Center north of the tracks.
Mr. Gindroz stated that the Update presents market strategies which emerged
from~the research that provide the foundation for the initiatives proposed; and
private efforts, along with public improvements and public/private partnerships have
been formulated into the five primary initiatives: (1) Elmwood Park; (2) Church
Avenue; (3) E-Town; (4) The Market; and (5) the Jefferson Center.
He further stated that in order to support each of the initiatives, Urban Design
Associates recommend improving and creating a series of frameworks which will
interconnect more effectively the parts of downtown; that changes in lifestyle and
demographics have resulted in a demand for apartments and condominiums with
easy access to restaurants, entertainment, shopping, cultural facilities, and work;
the presence of high quality housing creates a reassuring image of security and
stability, which in turn encourages development of retail and cultural activities;
results of the Zimmerman/Volk Associates residential market study suggest that,
based on target market propensities and compatibilities, that a full range of housing
types - from multi-family to single-family detached units - would be attractive to
prospective residents; and housing preferences identified by the study indicate that
the annual market potential for newly-created, market-rate, multi-family or single-
family attached units in downtown Roanoke is distributed among the three basic
types:
Rental apartments/lofts
For sale apartments/lofts
Townhouses
Total
59%
22%
19%
100%
43
Mr. Gindroz advised that in order to encourage development of high
technology businesses, the City of Roanoke will need a more dynamic and vital
downtown with amenities that young, highly-trained professionals expect in their
working environment.
He further advised that the Higher Education Center has been so successful
that it will clearly need to expand in the near future; the downtown Library needs to
be improved; integrating cultural facilities will continue to be an essential
component in creating a dynamic downtown; and the Center in the Square programs
remain a major part of those ongoing efforts.
He highlighted the five initiative areas and opportunities, as follows:
Elmwood Park Initiative
Elmwood Park, the only large park in Downtown Roanoke is located on
a high point on Jefferson Street and provides a magnificent view of the
distant mountains. Elmwood Park should be developed into a world-
class park. The Elmwood Park Initiative includes the following
elements:
Revitalization of the Park - (1) if the Library is rebuilt in the
park, the consultants recommend that it be located on the
high land close to Elm Avenue; and (2) thereby opening
the rest of the park to both Jefferson Street and Bullitt
Avenue.
Carilion Hospital Property-the Biomedical Institute begins
just south of the hospital and is integrated with it. The
consultants recommend building a new medical or
medical-related facility in the underused front yards of the
existing hospital buildings, in order to better define the
park and to connect the complex to the City.
North and East Side Development Sites - the consultants
recommend extending Bullitt Avenue to Williamson Road,
thereby further defining the park and connecting it to the
downtown network. While in the greater interest of
developing a world-class park, the design of the Bullitt
Avenue extension should be sensitive to the impact which
it will have upon the existing Magnolia Walk in Elmwood
Park and could be sealed off to through traffic during
performances or festivals.
44 -
Church Avenue Initiative
The Church Avenue Initiative includes a series of public improvements,
civic and institutional buildings, and private development opportunities,
as follows:
Heironimus Building - the building's facade should be
restored; parking should be provided in a garage on the
south side of the building; and the upper floors of other
buildings on Jefferson Street should be renovated for
residential use, thus addition to the critical mass of
downtown residents.
Williamson Road and Church Avenue - a civic building
would provide a visual focus for Church Avenue, block the
view of the expressway, and create a pleasant gateway
into the Belmont neighborhood to the east. Possible uses
include a Fire Station to replace historic Fire Station No.
1 on Church Avenue which is being considered for a
museum, or a new downtown Library. The property at the
northwest corner of Williamson Road and Church Avenue
is currently used for parking and is an important site for
completing the City Market area.
The Grand Building the consultants encourage
development of this building as either loft apartments or
as office/accelerator space with retail uses on the ground
floor.
E-Town Initiative
The consultants recommend that this area be extended to the Henry
Street area to include the Higher Education Center and to support the
efforts to rebuild this historic district; and that a new north-south street
between Campbell Avenue and Warehouse Row to connect the space
more effectively to Campbell Avenue and to provide frontage of the
housing and office buildings.
Warehouse Row - the buildings are well-suited to high tech offices and
are presently under consideration for adaptive re-use. The consultants
recommend the conversion of as many buildings as possible to
incubator space.
First Street Bridge - the consultants recommend that the proposed
elevator be constructed at the south end of the bridge to address
accessibility issues, but that the bridge continue to carry vehicles.
Henry Street and the Higher Education Center - the consultants
recommend building on the success of the Higher Education Center, in
coordination with the efforts of the Roanoke Neighborhood
Development Corporation to implement the Henry Street Initiative. The
Ebony Club should be restored and brought back to useful life. New
office construction could be used to rebuild the urban character of
Henry Street.
Market Initiative
45
Downtown's most celebrated and loved area, the Market continues to
be a destination in the region and the center of public life for the City.
By incrementally reinforcing the Market area with additional housing
and retail and entertainment uses, the future of the Market will be more
secure. Elements should include:
Billy's Ritz Restaurant -the building and its location make
it idea for downtown housing. It may be possible to link
it to Center in the Square's IMAX development.
IMAX - this attraction is in the development process and
should be coordinated with other developments
suggested for the City Market.
Two-way Streets - the consultant recommend that the
remainder of Campbell be converted to a two-way street.
A number of studies comparing one- and two-way street
systems have documented that two-way streets are safer
for pedestrians, enhance retail visibility and, therefore,
sales.
Jefferson Center Initiative
Jefferson Center is an important public investment that is expanding
and improving. Elements of the initiative, many of which coincide with
the Jefferson Center Area Master Plan of October 1997 include:
46 -
New YMCA-the YMCA has an ambitious building program
with a major new facility planned for the west side of 5th
Street at the end of Church Avenue. The existing YMCA
site provides a number of opportunities. The section of
Church Avenue between 5t' and 2"d Streets has some good
buildings and active uses, but it also has vacant areas.
Desirable uses for this site would be public or civic
facilities, offices, or residential spaces with public uses on
the ground floor. Parking should be provide in structure,
but should be on the northern portion of the site, with
additional active uses lining Church Avenue.
Parking - parking for the Jefferson Center is provided in a
series of surface lots. The increased activity with the
YMCA may create the need for parking structures. In
either case, the parking should be confined to the center
of the development area. Other development should line
5th and 6th Streets, and Elm Avenue.
Cotton Mill - this industrial structure is well suited for
conversion to either loft apartments, live/work units, or
office space. The Cotton Mill may also be appropriate for
public or institutional uses, but care should be given to
the type of use.
Trails
A special effort should be made in the next five years to connect the
City Market Building and the Linear Rail Walk to the regional trail
system along the edge of the Gainsboro Neighborhood and CBI. New
connections should be designed to accommodate both bike and
pedestrian users, and trails should take on an urban character as the
move throughout downtown.
In summary, Mr. Gindroz commended the City of Roanoke on evolving and
building upon its strengths that were inherited and its strengths that it continues to
reinforce.
(For full text, see copy of final draft of the Outlook Roanoke Update.)
Due to the amount of time allotted for the two briefings, no discussion was
held with regard to the update.
47
Thomas E. Flynn, Vice-President, Wilbur Smith Associates, presented a study
on Roanoke Central Business District Parking. He advised that the study was
undertaken to assess the changing parking needs of the downtown area of Roanoke,
including the Gainsboro neighborhood to the north, and the Old Southwest
neighborhood generally south and west of the Central Business District area; and
the study quantifies existing and projected parking needs and includes
recommendations to address identified shortfalls.
Mr. Flynn further advised that in order to adequately meet the needs of
parkers, the City will need to consider different parking management strategies,
such as:
Converting long term or unrestricted curb parking to short term where
commercial/retail activity has increased;
Ensuring that sufficient short-term space is available in City off-street
facilities;
City/private sector coordination of promotional efforts -- wayfinding
signs, shopper validation programs, etc.;
Reduced, free of charge for overnight use of City facilities by downtown
residents; and
· Shared parking or enhancing City operated satellite lots.
(For full text, see copy of the Roanoke Central Business District Parking Study on
file in the City Clerk's Office.)
Due to reconvening the regularly scheduled meeting of City Council at
2:00 p.m., the Mayor expressed appreciation to the consultants and staff for the
presentations.
There being no further business, the Mayor declared the special meeting
adjourned at 2:00 p.m.
ATTEST:
Stephanie M. Moon
Deputy City Clerk
APPROVED
Ralph K Smith
Mayor
48 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 17, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 17, 2001, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Regular Meeting_s, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William H. Carder, C. Nelson Harris,
W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K.Smith
ABSENT: Council MemberWilliam White, Sr.- ............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Stephanie M. Moon, Deputy City Clerk.
The meeting was opened with a prayer by The Reverend Amos Rideout,
Pastor, South Roanoke United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
The Mayor advised that indeed the City of Roanoke was saddened by the
tragedy on Tuesday, September 11. He stated that the hearts of the citizens of the
City of Roanoke go out to all the lives that were lost, the families and this Country
that were touched by the tragic events; and asked everyone to bow in a moment of
silence.
PRESENTATIONS:
ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES-MUNICIPAL AUDITOR:
Mr. Harris offered the following resolution paying tribute to Robert Harold Bird,
Municipal Auditor for the City of Roanoke, who announced his retirement as
Municipal Auditor effective September 28, 2001:
49
(#35564-091701) A RESOLUTION paying tribute to Robert Harold Bird,
Municipal Auditor for the City of Roanoke, and expressing to him the
appreciation of this City and its people for his exemplary public service.
(For full text of Resolution, see Resolution Book No. 64.)
'~ Mr. Harris moved the adoption of Resolution No. 35564-091701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and I~..~yor
Smith .............................................................................................................. -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
The Mayor presented Mr. Bird with a ceremonial copy of Resolution No.
35564-091701and an engraved plaque with the "Key to the City". The Mayor also
presented Mrs. Bird with a friendship basket that contained items representative of
the Roanoke Valley.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a
proclamation declaring the month of October 2001, as "National Disability
Employment Awareness Month" in the City of Roanoke.
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 Closed Sessions to
discuss vacancies on various authorities, boards, commissions and committees
appointed by Council, and to discuss appointment of a new Municipal Auditor.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ...................................................................................................... -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
COUNCIL-MUNICIPAL AUDITOR: A communication from Council Member
C. Nelson Harris, Chair, Personnel Committee, requesting a Closed Meeting to
discuss appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request to convene in a Closed
Meeting to discuss appointment of a new Municipal Auditor, pursuant to Section
2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ........................................................................................................ -6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
ZONING-COMMITTEES: A communication from Willard G. Light tendering his
resignation as a member of the Board of Zoning Appeals, effective immediately, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed and the
resignation accepted. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ..................................................................................................... -6-
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: Report of
qualification of Margaret C. Thompson as a member of the Human Services
Committee for a term ending June 30, 2002, was before Council.
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None ........................................................................................ -0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CULTURAL SERVICES COMMITTEE: Ms. Susan Jennings, Executive Director,
the Arts Council of the Blue Ridge, appeared before Council and advised that the
final report of the Master Plan for the Cultural Institutions of the Roanoke Valley
outlines a plan to strengthen, mutually promote, and cooperate through
programming to enhance cultural industry in the Roanoke Valley. Ms. Jennings
recognized Kay Strickland, Executive Director, Virginia Museum of Transportation,
who led the charge to bring the process to the community after observing a very
successful project in another locality. In closing, Ms. Jennings requested that
Council adopt a measure endorsing its support of the plan, and further requested
that Council declare the month of October 2001 as National Arts and Humanities
Month.
Without objection by Council, the Mayor advised that the remarks of
Ms. Jennings would be received and filed; and the request endorsing support of the
plan would be referred to the City Manager.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-FIRE DEPARTMENT-EQUIPMENT: The City Manager
submitted a communication advising that the Capital Maintenance and Equipment
Replacement Program (CMERP) has identified the need for 17 automobiles for the
Police Department and two automobiles for the Fire Department. The City Manager
recommended that Council accept the bid submitted by Magic City Motor
Corporation and authorize issuance of purchase orders, in the total amount of
$435,537.00.
Mr. Hudson offered the following resolution:
(#35565-091701) A RESOLUTION accepting the bid of Magic City Motor
Corporation for purchase of 17 automobiles for the Police Department and two
automobiles for the Fire Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35565-091701. The motion
was seconded by Mr. Harris.
Mr. Bestpitch inquired as to whether or not the purchases of the above-
mentioned vehicles would allow police officers who reside in the City to take *~heir
vehicles home.
The City Manager responded that in the 2001-02 budget proposal, additional
funds were allocated for vehicles to be taken to residences by police officers who
reside within the City limits; and it will take approximately three years to purchase
the required number of automobiles for said purpose, along with the standard
replacement of automobiles which is necessary on an annual basis. Ms. Burcham
further stated that a report would be provided to allow for special recognition of
such efforts at a future Council meeting.
There being no further discussion, Resolution No. 35565-091701was adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .................................................................................................... ;~-~-6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
At 2:45 p.m., the Mayor declared the meeting in recess.
At 3:20 p.m., the meeting reconvened with Mayor Smith presiding and all
Members of Council in attendance, with the exception of Council Member White.
53
CITY CODE-FLEET MAINTENANCE FUND-PROCUREMENT CODE: The City
Manager submitted a communication advising that the City desires to consider
ent~ing into a contractual agreement with goods and service providers for the
following: supplies, materials and repair parts for the Fleet Management oper~.ion,
rental service for cars, light trucks and vans for out of town travel, travel agency
service, and management and operation services for any City owned or controlled
parking facilities; although, the sealed bid method of procurement would normally
be used, it is not practicable or fiscally advantageous to the public in the above
cases; the experience, qualifications, and references of firms that can provide the
above-listed goods and services are of equal, if not greater importance than the
cost; and issues of volume discounts, billing, quality of reports, electronic media
capability, and pricing advantages are of vast importance in the areas of goods for
Fleet Management operations, rental service and travel agency service.
The City Manager recommended that she be authorized to use the
procurement method known as competitive negotiation as the method to secure
vendors to provide appropriate goods and services.
Mr. Carder offered the following resolution:
(#35566-091701) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding for procurement of goods and services for the following:
supplies, materials and repair parts for the Fleet Management operation; vehicle
rental service; travel agency service; and management and operation services for
any City owned or controlled parking facilities; and documenting the basis for this
determination.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35566-091701. The motion
was seconded by Mr. Bestpitch.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Cour .;I to
inquire if the change in the procurement process would give the City Manager and
City staff the ability to enter into contractual agreements without a formal bidding
process as well as approval of said process, and if so, he urged Council to vote no
to allow additional discussion of the matter.
Ms. Wyatt asked about checks and balances that would apply to contracts
with travel agencies to insure the lowest fares are given.
54 -
Ms. Burcham stated that items that may not necessarily be in a formal bidding
process may be equal to or of a greater importance as a Iow bid, viz: the
Administration has not previously bid on travel service, but having worked with this
type of contract in the past, but believes staffwould in fact inquire about the lowest
price guarantees.
Mayor Smith spoke about a recent experience with travel, especially with
airlines, and encouraged the City Manager to review efficient ways to deal with travel
agencies.
There being no further discussion, Resolution No. 35566-091701 was adopted
by the following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 5.
NAYS: Council Member Hudson ............................................................. 1.
(Council Member White was absent.)
BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT: The City Manager
submitted a communication advising that the Roanoke Department of Social
Services and the State Health Department entered into an agreement in 1994 to
establish an Eligibility Worker position through the Department of Social Services
to be placed at the Roanoke Health Department to assure that all citizens have an
opportunity to apply for Medicaid; and the Roanoke Health Department is satisfied
with the results of having said position on location and wishes to continue the
services.
The City Manager recommended that she be authorized to continue the
services of the Outstationed Eligibility Worker at the Health Department, in
accordance with the original agreement, and that Council appropriate $33,234.00 for
fiscal year 2001-02 to certain revenue and expenditure accounts to be established
in the Grant Fund by the Director of Finance.
Mr. Harris offered the following emergency budget ordinance:
(#35567-091701) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35567-091701. The motion
was seconded by Mr. Carder and adopted by the following vote:
55
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and I~ayor
Smith .......................................................................................................... -6.
NAYS: None ...................................................................................... ,---0.
(Council Member White was absent.)
Mr. Harris offered the following resolution:
(#35568-091701) A RESOLUTION authorizing the City Manager to continue the
services of the Outstationed Eligibility Worker at the Roanoke City Health
Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35568-091701. The m,~ion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
BUDGET-HUMAN DEVELOPMENT-FIFTH DISTRICT EMPLOYMENT AND
TRAINING CONSORTIUM: The City Manager submitted a communication advising
that the Fifth District Employment and Training Consortium (FDETC) administers the
Federally-funded Workforce Investment Act (WIA) for the region, which
encompasses the Counties ofAIleghany, Botetourt, Craig, Franklin and Roanoke, as
well as the Cities of Covington, Roanoke and Salem by serving the following pr;~iary
client populations:
dislocated workers who have been laid off from employment through
no fault of their own, and
economically disadvantaged individuals as determined by household
income guidelines set by the U.S. Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for the Consortium funding, thus, City Council must appropriate funds for all
grants and other monies received by the Consortium; and the state office of the
56
Virginia Department of Social Services has sent the Consortium a notice of
additional monies for the operation of the Welfare to Work Program which increased
the original grants due to changes made in the Workforce Investment Areas
statewide.
The City Manager recommended that Council authorize appropriation of funds
in the amount of $117,490.00, and increase the revenue estimate by $117,490.00 in
accounts to be established in the Consortium Fund by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35569-091701) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35569-091701. The motion
was seconded by Mr. Harris.
Council Member Wyatt requested that the City Manager provide a status report
with regard to the whereabout of those recipients of the Fifth District Employment
and Training Consortium Welfare to Work program and the impact of the program
on the City, local churches, non-profit agencies, etc.
There being no further discussion, Ordinance No. 35569-091701 was adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch,
and Mayor Smith .......................................................................................... -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that the City of Roanoke is an entitlement community under
the Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME) and Emergency Shelter Grant (ESG) programs of the U.S. Department of
Housing and Urban Development (HUD); each fiscal year, about $4 million in HUD
funds are available to the City, including new grants, anticipated program income
and funds unexpended from prior years; and as discussed with City Council during
the Fiscal Year 2001-02 Budget Study, the HUD Funds Policy proposed for adoption
by City Council sets guidelines for budgeting and distributing said funds for
housing, neighborhood and economic development, human services and other
community needs.
57
It was further advised that the recommended policy replaces the previous
"HUD Funds Allocation Policy" which was prepared in 1998; the new policy
emphasizes using the City's HUD funds to bring about change by targeting activities
of defined scope and duration, rather than by supporting on-going programs; a key
provision of the new policy places a three-year limitation for funding any non-capital
program of an on-going nature; the policy supports the intent to make demonstrable
change in the community by orienting the budgeting process toward making fewer,
but larger awards; and greater expectations will be placed upon activities to
leverage other resources, especially financial assistance from the private sector and
to create collaborations with other community organizations and stakeholders.
It was stated that the recommended policy is designed to place incre~uing
emphasis on addressing the City's housing needs, particularly affordable housing;
under the new policy, housing activities will take up over 70% of said funds; in the
past, housing activities have been conducted by several agencies in various areas
of the City; the intent of the new policy is that fewer agencies receive larger
concentrations of the housing funds to conduct projects initiated or specified by the
City in targeted areas; and the desired result is that a visible impact be achieved in
the targeted neighborhoods, helping to draw in private development to broaden the
impact.
The City Manager recommended that Council adopt the policy on HUD funds
and that she be authorized to implement the policy as part of the budgeting process
for Fiscal Year 2002-03.
Mr. Carder offered the following resolution:
(#35570-091701) A RESOLUTION adopting a policy on the allocation of funds
from the United States Department of Housing and Urban Development.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35570-091701. The motion
was seconded by Mr. Bestpitch.
James Lesniak, representing the Northwest Neighborhood Environmental
Organization, appeared before Council in support of the proposed policy. However,
he expressed concern with regard to Paragraph 2(2) of the proposed Policy which
states, "...(in budgeting for the 2003-2004 period and thereafter, it is intended that
the housing projects funded be those which are City initiated or developed and that
the neighborhood development funding be available for use by the City as well as
community agencies)". He inquired whether or not a project such as McCray c..~urt
is considered a City initiated project.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council and
expressed concern with regard to the use of CDBG funds for repayment of HUD 108
loans, and administrative functions/staffing for the Housing Authority and the City.
He called attention to the fact that the City and the Housing Authority were
benefitting from the funds for staffing purposes, and that said funds are not used for
community-oriented development projects. In summary, Mr. Jeffrey urged the
Members of Council not to vote on the issue, but to allow the neighborhood
organizations to have input with regard to the decision on the proposed HUD policy.
Vice-Mayor Carder inquired as to whether or not any of the neighborhood
organizations would be eliminated from the competitive process. Whereupon, the
City Manager advised that the intent of the policy is not to limit the organizations that
would be involved, but to target the areas of the City in which activities would occur.
Mr. Carder also inquired as to whether or not grant employees employed by
the City were continuing to receive income from grant funds. The City Manager
responded that no grant employees were continuing to be paid with CDBG funds,
but were being paid through the General Fund.
Mr. Bespitch asked if the City grant positions that were eliminated included
positions from the Housing Authority. The City Manager responded no, and stated
that due to an annual contract between the Housing Authority and the City which
provided for the provision of certain activities, primarily housing related .and
construction related activities. She stated that under the proposed HUD Funds
Policy, the Housing Authority would no longer be an entitlement activity, but would
be considered along with neighborhood organizations for grant fund purposes.
There being no further discussion, Resolution No. 35570-091701 was adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .......................................................................................................... -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
BUDGET-GRANTS-YOUTH: The City Manager submitted a communication
advising that the Office on Youth received its first grant from the Virginia
Delinquency Prevention and Youth Development Act (VA DP&YD) on June 17, 1980;
this year, the City has applied for and received funds, in the amount of $40,705.00,
to provide for continuation of coordinated planning and program implementation of
the Office on Youth; and a local cash match, in the amount of $39,576.00, was
appropriated in the approved fiscal year 2001-02 budget and transferred to Grant
Fund Account No. 001-250-9310-9535.
The City Manager recommended that she be authorized to execute appropriate
documents, in a form approved by the City Attorney, to accept the state grant; and
Council to authorize appropriation of grant funds to the appropriate revenue and
expenditure accounts in the Grant Fund to be established by the Director of Finance.
Mr. Harris offered the following emergency budget ordinance:
~'"~ (#35571-091701)AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35571-091701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
Mr. Bestpitch offered the following resolution:
(#35572-091701) A RESOLUTION authorizing acceptance of a grant from the
Virginia Delinquency Prevention and Youth Act Prevention 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. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35572-091701. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smi~th ............................................................................................................. -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
BUDGET-ROANOKE CiViC CENTER-EQUIPMENT: The City Manager submitted
a communication advising that at its meeting on June 4, 2001, City Council
authorized issuance of $3.0 million in general obligation public improvement bonds
to provide funds to defray the cost of needed public improvements to the Roan.oke
Civic Center; several equipment purchases are needed in order to provide expected
levels of service, and to comply with the City's contractual requirements for events
at the Civic Center; the equipment purchases are a part of the Civic Center
Expansion and Renovation Project-Phase I and includes a portable basketball floor,
two basketball goals, two time clocks, and an ice floor covering; and the total cost
for all equipment is approximately $250,000.00, which will be funded through the
sale of the aforementioned general obligation bonds.
It was further advised that an additional component of the Phase I Project
which also requires funds is the replacement of the Arena Lighting System, at a cost
of approximately $550,000.00; and bids for purchase and installation of a portable
basketball floor for the Roanoke Civic Center were requested by due and proper
advertisement, and the lowest bid was submitted by Horner Flooring Co., Inc., Dollar
Bay, Michigan, in the amount of $78,500.00.
The City Manager recommended that Council authorize appropriatio[i in
advance of issuance $800,000.00 in Series 2002 General Obligation Public
Improvement Bonds to a new capital account entitled, "Civic Center Expansion and
Renovation-Phase I"; that Council adopt a resolution indicating the City's intent to
reimburse itself for the abovementioned items from the proceeds of General
Obligation Public Improvement Bonds to be issued in the future; and that Council
accept the bid submitted by Horner Flooring Co., Inc., for the portable basketball
floor and authorize issuance of a requisite purchase order, in the total amount of
$78,500.00, and reject all other bids received by the City.
Mr. Carder offered the following emergency budget ordinance:
(#35573-091701) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35573-091701. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
Mr. Carder offered the following resolution:
(#35574-091701) 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 Resolution No. 35373-060401 adopted June 4, 2001, for cei rain
expenditures to be made in connection with proposed capital improvements to the
Roanoke Civic Center, and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35574-091701. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
Mr. Bestpitch offered the following resolution:
(#35575-091701) A RESOLUTION accepting the bid of Horner Flooring Co.,
Inc., for the purchase and installation of a portable basketball floor for the Roanoke
Civic Center; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35575-091701. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ..................................................................................... ' .--0.
(Council Member White was absent.)
POLICE DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED: The City
Manager submitted a communication advising that the Roanoke City Police
Department's Mounted Patrol Unit was formed in September 1993, in partnership
with Downtown Roanoke, Inc., which formed a separate not-for-profit, tax-exempt
organization, Roanoke Foundation for Downtown, Inc., to assist Downtown in raising
funds for the Police Mounted Patrol Unit; as of June 30, 1998, Downtown Roanoke,
Inc., and the Foundation had fulfilled its original five-year commitment to the City by
providing five years of financial assistance for the Mounted Patrol Unit; Downtown
Roanoke, Inc., and the Foundation have provided said assistance through fund
rais}ng efforts and have established relationships with a variety of local vendors and
suppliers, many of whom provide services and supplies as in-kind donations or at
reduced prices for the Mounted Patrol Unit; and the City of Roanoke, the Roanoke
Foundation for Downtown Inc., and Downtown Roanoke, Inc., entered into an
Agreement commencing July 1, 1998 and terminating on June 30, 2001, whereby the
City provided $15,000.00 to the Foundation to benefit the Mounted Patrol Unit.
It was further advised that the Foundation plans to continue to raise funds and
to seek donations of goods and services to assist with the needs of the Mounted
Patrol Unit; and the continued funds provided by the City, in the amount of
$15,000.00, is needed to cover the cost of equipment, goods and services to the Unit
that are not donated; and the Foundation will pay all mounted patrol expenses,
excluding the officer's salaries and benefits, ordinary police equipment and
uniforms, and will comply with the City's procurement procedures.
The City Manager recommended that she be authorized to execute, and the
City Clerk to attest, an agreement with the Roanoke Foundation for Downtown, Inc.,
approved as to form by the City Attorney, within the limits of funds for the purposes
specified.
Mr. Harris offered the following resolution:
(#35576-091701) A RESOLUTION authorizing an agreement with Roanoke
Foundation for Downtown, Inc., for funding to be used for the benefit of the Mounted
Patrol Unit of the Police Department.
(For.full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35576-091701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
POLICE DEPARTMENT-ROANOKE CIVIC CENTER.EQUIPMENT: The City
Manager submitted a communication advising that the original Civic Center
Auditorium stage was equipped with a fire curtain containing asbestos which must
be replaced; one bid was received from Hoffend South, Inc., in the amou',~t of
$76,786.00, for assisting with removal of the old fire curtain and for fabrication and
installation of a new reef rigged fire curtain in the Roanoke Civic Center Auditorium;
and funding is available in Account No. 001-005-550-8607.
The City Manager recommended that Council authorize acceptance of the bid
submitted by Hoffend South, Inc., in the amount of $76,786.00, with 60 consecutive
calendar days of contract time.
Mr. Carder offered the following emergency ordinance:
(#35577-091701) AN ORDINANCE accepting the bid of Hoffend South, Inc., for
assisting with removal of the old fire curtain and for the fabrication and installation
of a new reef rigged fire curtain in the Civic Center Auditorium, upon certain terms
and conditions, and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; and providing fl., an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35577-091701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
CITY CODE-ARCHITECTURAL REVIEW BOARD: The City Manager subn.:,ted
a communication advising that a committee appointed by City Council in January
2001, reviewed and made recommendations regarding restructuring various City
authorities, boards, commissions and committees; many of the recommendations
set forth in the April 2, 20001 report have been implemented, however, one
recommendation made by the committee was to amend Section 36.1-640 of the
Zoning Ordinance to delete certain requirements for appointment and membership
of Architectural Review Board; in order to proceed with the proposed amendment
change, City Council must adopt a resolution authorizing the filing of an amendment
to the Code; since the request requires amendment to the Zoning Ordinance, State
law requires that amendments be submitted to the City Planning Commission for
study, public hearing, and recommendation prior to adoption by City Council; and
the City Planning Commission would consider the proposed amendment at its
meeting on Thursday, October 18, 2001.
It was further advised that the terms of office of two members of the
Architectural Review Board will expire in October 2001, and appointments will be
considered by City Council prior to the expiration date; and the proposed
amendment will not be effective until after the expiration of the terms of office.
The City Manager recommended that Council adopt a resolution authorizing
the filing of a request to amend Section 36.1-640, Code of the City of Roanoke (1979),
as amended.
Mr. Carder offered the following resolution:
(#35578-091701) A RESOLUTION authorizing the City Manager to seek an
amendment of §36.1-640, Architectural Review Board, of the Code of the Cit~' of
Roanoke (1979), as amended, to eliminate certain qualifications for membership on
the Architectural Review Board.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35578-091701. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith
NAYS: None ......................................................................................... -0.
(Council Member White was absent. Council Member Hudson was out of the Council
Chamber.)
CITY CODE-ZONING: The City Manager submitted a communication advising
that the current Zoning Ordinance adopted in 1987, does not adequately address
printing establishments in the City's commercial and industrial districts; an
amendment to the Zoning Ordinance is needed to appropriately provide for printing
establishments that are typically found in both commercial and industrial districts
and to provide vital supporting services for many businesses and industries; and if
City Council desires to pursue said amendment, a resolution should be adopted
authorizing the City Manager to request the City Planning Commission to consider
the amendment to the Zoning Ordinance.
The City Manager recommended that Council adopt a resolution authorizing
a request that the Planning Commission consider an amendment to the Zoning
Ordinance to provide for commercial printing establishments, including newspapers,
publications, and other printed materials, in C-2, General Commercial District, C-3,
Central Business District, and LM, Light Manufacturing District.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35579-091701) A RESOLUTION authorizing the City Manager to seek an
amendment of §36.1-206, Permitting uses, §36.1-227, Permitted uses, and §36.1-249,
Permitted Uses, of the Code of the City of Roanoke (1979), as amended, to provide
for commercial printing establishments, including newspapers, publications and
other printed materials, as permitted uses in the C-2, General Commercial District,
C-3, Central Business District, and LM, Light Manufacturing District, of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35579-091701. The motion
was seconded by Mr. Harris.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council and
advised that he was unaware that the regular meetings of the Board of Zoning
Appeals were not televised. He expressed concern with regard to the City providing
$500,000.00 to the Roanoke-Times to assist with construction of its new facility, and
the Board of Zoning Appeals granting the necessary zoning variances for the
Roanoke Times to move forward with the project. He also expressed concern that
no environmental issues were addressed at the Board meeting, and appealed to City
Council to rethink its decision with regard to the matter.
Mr. Roger Roberts, 3590 Kasey Road, Salem, Virginia, appeared and advised
that he has appeared the decision by the Board of Zoning Appeals to grant a special
exception to the Roanoke-Tiimes. He requested that adoption of an amendment to
the Zoning Ordinance be deferred until after the matter had been decided b) the
Courts.
Mr. Bespitch clarified for the record that Council was not making a decision
to make an actual change to the Zoning Code, but to authorize the City Manager to
initiate the process to draft an amendment which will require a public hearing
between the City Council and the City Planning Commission on Monday, October 18,
2001. He mentioned that the public hearing will allow for public input prior to a
decision being made by City Council.
There being no further discussions, Resolution No. 35579-091701was adopted
by the following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and
Mayor Smith .................................................................................................... 5.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.) (Council Member Hudson was out of the
Council Chamber.)
CITY ATTORNEY:
AUDITS/FINANCIAL REPORTS-MUNICIPAL AUDITOR-SCHOOLS: The City
Attorneysubmitted a report transmitting measures authorizing the Municipal Auditor
to perform audits of the records and affairs of the Roanoke City School Board, and
providing that City Council's Audit Committee confer with the Roanoke City School
Board Audit Committee to develop a plan for such audits.
~ ~Ms. Wyatt offered the following emergency ordinance:
(#35580-091701) AN ORDINANCE directing and providing for audits of certain
affairs and records of the School Board of the City of Roanoke, and dispensing with
the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35580-091701. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith
NAYS: None .......................................................................................... 0.
(Council Member White was absent.) (Council Member Hudson was out of the
Council Chamber.)
Ms. Wyatt offered the following resolution:
(#35581-091701) A RESOLUTION authorizing and directing City Council's Audit
Committee and the Municipal Auditor to develop an audit plan for the Municipal
Auditor to conduct continuing financial and performance audits of the affairs and
records of the School Board.
(For full text of Resolution, see Resolution Book No. 64.)
Ms. Wyatt moved the adoption of Resolution No. 35581-091701. The motion
was seconded by Mr. Harris.
The Mayor advised that it is his understanding there has been s6me
resistance by the School Board to allow the City Auditors to examine their records;
and requested the City Attorney to provide City Council with certain remedies that
could be taken.
67
The City Attorney advised that he was unaware of resistance by the School
Board; and that City Council has adopted measures pursuant to Section 56 of the
Roanoke Charter of 1952 to develop the type of audit that has been requested.
Mayor Smith inquired as to whether an ongoing audit of the School Board
affairs would be performed. Whereupon, the City Attorney responded that he was
unaware of an ongoing audit, and stated that the Roanoke City School Board Audit
Committee was developing standards for audits pursuant to guidelines provid "~'1 by
the Municipal Auditor.
Mr. Harris objected to the comments of the Mayor. He stated that the
comments were unfair, false, inflammatory accusations made for the purposes of the
media, not for mediation and correction or solution of the audit difficulties; and
employed the Mayor to be far more responsible in the statements. He requested that
the Mayor control his inflammatory comments directed at the School Board for the
sake of what is true and what is accurate.
The Mayor completed his comments by saying when he was elected to office,
it is his responsibility to look after the entire City and whatever one's opinion is with
regard to the way he handles issues, he is looking after the City's affairs.
There being no further comments, Resolution No. 35581-091701 was adopted
by the following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith
NAYS: None .......................................................................................... 0.
(Council Member White was absent.) (Council Member Hudson was out of the
Council Chamber.)
DIRECTOR OF FINANCE:
PURCHASE/SALE OF PROPERTY-CITY CODE-DELINQUENT TAXES: The
Director of Finance submitted a report advising that Section 58.1-3965 of the Code
of Virginia governing the Bill in Equity ("Tax Sale") process specifies when land may
be sold for delinquent taxes; the Code currently states that real estate may be ~old
when taxes are delinquent on December 31 following the second anniversary date
on which such taxes have become due; effective July 1, 2000, Section 58.1-3965.1
of the Code of Virginia became effective which provides that a city may also, by
ordinance, institute proceedings to sell in accordance with law any real estate when
any taxes on such real estate are delinquent on December 31 following the first
anniversary of the date on which such taxes have become due; since Escheat laws
were effectively eliminated in 1996, tax sales have become necessary as a standard
part of the City's delinquent real estate tax collection efforts; and recent tax sales
hav~ been successful and instrumental in increasing delinquent tax collections as
well as turning property over to productive use thereby improving neighborhoods.
It was further advised that the City has encountered several circumstances
where the property owner is decease, where the heirs request that a property be
sold, and where the City stands to incur demolition/board-up or weed/trash
abatement expenses; if said property could be turned over quicker to a responsible
property owner, without having to wait for two years of delinquent taxes to
accumulate prior to instituting a tax sale, the City would benefit; and as in the past,
a list of delinquent properties has been brought to City Council in which taxes are
delinquent for two years or more and Council has adopted a resolution authorizing
proceedings for their sale.
The Director of Finance recommended that Council adopt an ordinance
enaCting Section 32-26, Code of the City of Roanoke (1979), as amended, which
provides the authority for the City to institute proceedings to sell, in accordance, with
SeCtion 58.1-3965 et. seq., Code of Virginia, any real estate when any taxes on said
real estate are delinquent on December 31 following the first anniversary of the date
on which said taxes have become due.
Mr. Bestpitch offered the following emergency ordinance:
(#35582-091701) AN ORDINANCE amending Article II, Real Estate Taxes
Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as
amended, by the enactment of new §32-26, Sale of Real Estate for Delinquent Taxes,
to provide for the sale of property on which assessed real estate taxes have
remained delinquent for one year; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35582-091701. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ....................................................................................................... -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
BRIDGES-COMMUNITY PLANNING: The City Planning Commission submitted
a report advising that in April 2000, the City Planning Commission considered a
request from Evelyn D. Bethel to rename a section of Second Street, S. W., and to
name the new bridge spanning the railroad tracks, Gainsboro Road and Gains.".oro
Bridge, respectively; the recommendation of the City Planning Commission was not
to change the name of the section of Second Street, but to rename the bridge; on
May 15, 2000, City Council considered the request and denied both name changes;
in January 2001, Ms. Bethel again requested that the name of the new bridge on
Second Street, S. W., be changed and officially renamed Gainsboro Bridge; she
advised that the bridge would honor Kemp Gaines, an early founder of Roanoke, and
that the bridge was situated in Gainsboro, Roanokel'Js oldest neighborhood; after
researching the previous request and consultation with City staff, it was
recommended that the Planning Commission discuss the renaming of the Second
Street Bridge to Gainsboro Bridge.
The Planning Commission reaffirms its recommendation to rename the
Second Street, Gainsboro Bridge, for further consideration by City Council.
Mr. Carder offered the following resolution:
(#35583-091701) A RESOLUTION renaming the Second Street Bridge as the
Gainsboro Bridge.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35583-091701. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member White 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:
?0
COUNCIL: Council Member Wyatt called upon the citizens of Roanoke to
perform good deeds on a daily basis as the Nation begins to heal as a result of the
terrorists' attacks in New York, Washington and Pennsylvania on Tuesday,
September 11.
PARKS AND RECREATION-CELEBRATIONS-COUNCIL: Council Member
Carder announced that the Taste of the Blues and Jazz Festival would be held on
September 21 - 22, 2001, in Elmwood Park. Mr. Carder stated that he served on a
committee established by the City Manager to recognize the late
Dr. Martin Luther King, Jr.; the committee met several times and held forums to
receive public input; and in August 2001, the committee unanimously recommended
to the City Manager that Elmwood Park should be renamed Martin Luther King Park.
Mr. Carder moved that the City Manager and the City Clerk be directed to
schedule a public hearing before Council to receive citizen input with regard to the
committee's recommendation. The motion was seconded by Mr. Bestpitch and
adopted.
CITY CLERK-ACTS OF ACKNOWLEDGMENT-COUNCIL: Council Member
Bestpitch noted that in the mist of all the national tragedies, Council Member White
and the City Clerk, respectively, had lost loved ones within the last week, and asked
the. citizens of Roanoke to keep them in their thoughts and prayers through the
coming days.
COUNCIL-EMERGENCY SERVICES: Council Member Hudson commented that
the American Legion Post No. 3 had contributed $10,000.00 towards the relief efforts
as a result of the tragic events that occurred on Tuesday, September 11; and further
commented that the American Legion would meet on Thursday, September 20 at
7:00 p.m., at 710 Apperson Drive, S. W., to discuss various ways to raise funds
towards said relief efforts.
COUNCIL-EMERGENCY SERVICES: The Mayor advised that he had visited the
World Trade Center in July 2001, and had toured the Emergency Services Bul, ker
which was located on the 20t~ floor; he was impressed with the procedures and the
state of the art equipment that was in place relative to any confrontation that the City
of New York might have encountered; and that everything was located in one central
location with no backup for emergency purposes. Upon his return, the he met with
the City Manager to discuss the City's emergency services and called upon
Ms. Burcham for a status report of the review process.
The City Manager stated that when the tragedy occurred in New York on
Tuesday, September 11, the City of Roanoke went to emergency preparedness, with
all departments clearly responding in the appropriate manner. Ms. Burcham advised
that a report would be submitted at a later date.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that this is a time for citizens to be heard; and matters
requiring referral to the City Manager will be referred immediately for response,
report or recommendation to Council.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council in
support of comments made by Council with regard to the tragic events on Tuesday,
September 11; and requested Council to rethink its policy with regard to the
treatment of citizens who appear on public matters.
At 4:35 p.m., the Mayor declared the meeting in recess.
At 5:05 p.m., the meeting was reconvened with Mayor Smith presiding, and all
Members of the Council in attendance, with the exception of Council Member White.
COUNCIL: With respect to the Closed Meetings 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 Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission created by the ineligibility of Elizabeth M. Legg for reappointment, and
called for nominations to fill the vacancy.
Council Member Wyatt placed in nomination the name of Tamara S. Asher.
There being no further nominations, Tarmara S. Asher was appointed as a
member of the Personnel and Employment Practices Commission for a term ending
June 30, 2004, by the following vote:
?2'
FOR MS. ASHER: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch
and Mayor Smith ............................................................................................. -6.
(Council Member White was absent.)
At 5:10 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 5:15 p.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, S. W., for a joint meeting of Council
and the Board of Zoning Appeals.
The Mayor called the joint meeting of the Roanoke City Council and the Board
of Zoning Appeals to order at 5:10 p.m., and relinquished the Chair to the Vice-
Mayor.
Chairman Benjamin Motley called the special meeting of the Board of Zoning
Appeals to order.
The invocation was delivered by Council Member C. Nelson Harris.
The meeting was recessed for lunch.
Chairman Motley advised that Willard G. Light had submitted his resignation
as a member of the Board of Zoning Appeals; and Clay Grogan planned to submit
his resignation as a member of the Board of Zoning Appeals due to a job transfer.
Mr. Motley presented a brief overview of the Annual Report of the Board of
Zoning Appeals.
Mr. Carder mentioned that a committee appointed to review Cour~cil's
appointed authorities, boards, commissions and committees made its
recommendations on April 2, 2001; there were various issues that needed to be
addressed with regard to the Board of Zoning Appeals; and one of the
recommendations was to increase the Board's membership from five to seven
members.
Ms. Burcham stated that the increase in membership was one of the items and
the other one dealt with powers vested in the Board of Zoning Appeals; the City
Charter has vested more authority in the Board than is typical in other communities;
and likewise in other communities, the appointment of Board members is often left
to the judicial system rather than government. She further stated that the above
issues would be discussed at the Legislative Affairs Committee in November 2001.
Mr. Hudson expressed concern with regard to several calls received from a
citizen regarding the zoning requirements of a parcel of land located at 24th Street
and Shenandoah Avenue, N. W.; and inquired if the Board of Zoning Appeals had
jurisdiction over the matter. The City Manager interjected that the matter was a
zoning issue, and would need to be addressed by the City Planning Commission.
Mr. Hudson also expressed concern about a complaint regarding a
convenience store that no longer existed on Eighth Street and Patterson Avenue,
S.W. Whereupon, the Zoning Administrator advised that the citizen had filed an
application to waive the two-year statue of limitation on the non-conforming status;
and although the property is residentially zoned, is a commercial building.
Ms. Dorsey further advised that the building had been vacant for approximately five
years, that the applicant was encouraged to seek a rezoning of the property; and
upon realizing the legal expenses involved, the applicant withdrew the petitio,.
Ms. Wyatt expressed concern with regard to the attendance of the Board
members; and inquired about the Board's meeting time schedule. Mr. Motley
advised that the meetings had been adjusted from time to time, and suggested that
Council press the issue of attendance during the interview process in connection
with filling vacancies on the Board.
Mr. Motley mentioned various issues viewed by the Board, and highlighted the
following three different components of the Board: the ordinance describing the
boundaries, the board membership, and issues related to City staff and the
procedures that are in place for the filing of an application. The City Manager
verified the comments and stated that any issues relating to the staffand procedures
should be addressed by the Administration.
~ Mr. Motley pointed out that the issue of telecommunication towers nee~i=d to
be addressed, and some type of technical review should be established. He stated
that the Board does not have technical expertise to review anything extremely
technical, and suggested that an independent viewer or committee be considered
to address the ordinance and telecommunication. He further stated that a regional-
wide program should be developed, not just for the City of Roanoke, but for the
surrounding localities.
Discussion was held with regard to telecommunication.
Mr. Motley called attention to signage, used car lots, and group care facilities
and asked that additional clarification be included in the Zoning Ordinance. He
stated that in some model codes, the jurisdictions provide a commentary which
describes the intent, and suggested that the Council give the matter consideration.
'74
Ms. Wyatt expressed concern with regard to adult homes that do not have
green space or communal living areas for the residents, and suggested that owners
not be licensed unless certain requirements are implemented.
The Vice-Mayor called on the City Attorney for comments. Mr. Hackworth
stated that the Zoning Ordinance should be clear with regard to guidelines.
Ms. Burcham encouraged comments from the Board Members and citizens with
regard to the redrafting of the Zoning Ordinance; and said the City has to recognize
that it is a changing community and to be prepared to revisit documents such as the
Comprehensive Plan, the Zoning Ordinance, etc., more frequently.
In summary, Mr. Motley stated that the overall process of the Board of Zoning
Appeals works well; and complimented City staff for their assistance.
There being no further business, at 6:10 p.m., the Mayor declared the meeting
in recess to be reconvened at 7:00 p.m., in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
On Monday, September 17, 2001, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William H. Carder, C. Nelson Harris,
W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K.Smith
ABSENT: Council MemberWilliam White, Sr.- ............................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney, James D. Grisso, Director of Finance; and
Stephanie M. Moon, Deputy City Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
ACTS OF ACKNOWLEDGEMENT-PARKS AND RECREATION: Ms. Wyatt offered
the following resolution expressing the support of City Council and the citizen= of
Roanoke for their city and their nation and directing that the Roanoke Star on Mill
Mountain shine as a visible symbol of Roanoke's patriotism and pride:
?5
(#35584-091701) A RESOLUTION expressing the support of City Council and
the citizens of Roanoke for their city and their nation and directing that the Roanoke
Star on Mill Mountain shine as a visible symbol of Roanoke's patriotism and pride.
(For full text of Resolution, see Resolution Book No. 64.)
Ms. Wyatt moved the adoption of Resolution No. 35584-091701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. 6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
COUNCIL-MUNICIPAL AUDITOR: Mr. Harris offered the following resolution
electing and appointing Troy Andrew Harmon as Acting Municipal Auditor for the
City of Roanoke effective 12:01 a.m., on September 28, 2001, and setting forth the
terms and conditions of employment for Mr. Harmon as Acting Municipal Auditor:
(#35585-091701) A RESOLUTION electing and appointing Troy Andrew Harmon
as Acting Municipal Auditor for the City of Roanoke effective 12:01 a.m., on
September 28, 2001, and setting forth the terms and conditions of employment for
Mr. Harmon as Acting Municipal Auditor.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35585-091701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None .......................................................................................... 0.
(Council Member White was 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 Monday,
September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Messrs. Larry Bly and W. Martin Hall that property located at 322
Bullitt Avenue, S. E., identified as Official Tax No. 4012516, be rezoned from LM,
Light Manufacturing District, to C-1, Office District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on August 31,2001, and September 7, 2001; and in The Roanoke Tribune, on
Thursday, September 13, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
The Planning Commission recommended that Council approve the request for
rezOning to C-1, Office District, with no proffered conditions.
Mr. Harris offered the following emergency ordinance:
(#35586-091701) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35586-091701. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35586-091701
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ....................................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed. ~
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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Kayser Properties, LLC, that a portion of Old
Thirlane Road, N. W., bounded by the west by 1-581 and the east by property
identified as Official Tax No. 6520106, be vacated, discontinued and closer!: the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 31, 2001, and Friday, September 7, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The Planning Commission recommended that Council approve the partial
closure of Old Thirlane Road, N. W., which is undeveloped and has little future value
to serve the City's interest.
Mr. Harris offered the following emergency ordinance:
(#35587-091701) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as .more
particularly described hereinafter; and dispensing with the second reading ot this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35587-091701. 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. 35587-091701
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ..................................................................................... ~ .... 0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Lewis J. Pillis that a 12-foot wide alley extending
between 2701- 2729 Richelieu Avenue, S. W., identified as Official Tax Nos.
1062312-1062318, inclusive, be vacated, discontinued and closed, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 31, .2001, and Friday, September 7, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission recommended that Council approve closure
of the paper alley contingent upon the following items, pursuant to staff
recommendation:
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would otherwise be landlocked
by the requested closure, or otherwise dispose of the land within the
right-of-way to be vacated in a manner consistent with law, and retain
appropriate easements for installation and maintenance of any and all
existing utilities that may be located within the right-of-way, including
the right of ingress and egress.
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the Petitioner and the names of any other
parties in interest who may so request, as Grantees. The applicant
shall pay such fees and charges as required by the Clerk to effect such
recordation.
Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file
with the City Engineer for the City of Roanoke, Virginia, the Clerk's
receipt, demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one year
from the date of the adoption of this ordinance, then said ordinance
shall be null and void with no further action by City Council being
necessary.
Mr. Carder offered the following emergency ordinance:
~ ~ (#35588-091701) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35588-091701. 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. 35588-091701
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
BONDS/BOND ISSUES-SCHOOLS: 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 17, 2001, at 7:00 p.m., or as soon thereafter as the
matter may be heard, with regard to participation in the 2001 Interest Rate Subsidy
Program Bond Sale - VPSA School Financing Bonds, Series 2001 B, to be usea for
improvements at Fairview Elementary and Fishburn Park Elementary Schools, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, August 23, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor advised that on August 20 the Roanoke City School Board
recommended that the City Manager be authorized and directed to file an application
with the Virginia Public School Authority seeking bond financing in an amount not
to exceed $2,750,000.00 to finance capital improvements in connection with Fairview
Elementary School; and an amount not to exceed $2,500,000.00 to finance certain
capital improvements in connection with Fishburn Park Elementary School.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, no action was taken with regard
to the matter.
The Mayor declared the public hearing closed.
SEWERS AND STORM DRAINS-CITY PROPERTY-CABLE TELEVISION:
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 17, 2001,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
granting an easement across City-owned property to CoxCom, Inc., dlb/a Cox
Communications Roanoke, for the purpose of constructing, owning, and operating
a communication line, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 7, 2001, and Friday, September 14, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the City Manager advising that CoxCom Inc., dlb/a Cox
Communications Roanoke (Cox) currently provides service to the Fire Station from
American Electric Power's overhead facilities; a fifteen-foot easement across the
Fire Station property has been requested by Cox to extend the line to provide service
to the adjacent property owner located at 1325 Jamison Avenue, S. E.; and Cox has
agreed to relocate said facilities one time, if necessary, at the sole expense of the
grantee, was before also Council.
The City Manager recommended that following a public hearing, she be
authorized to execute the appropriate documents granting a fifteen-foot easement
across City-owned property to CoxCom, Inc., dlb/a Cox Communications Roanc, ke.
Mr. Harris offered the following emergency ordinance:
(#35589-091701) AN ORDINANCE authorizing the donation and conveyance of
an easement across City-owned property located at 1333 Jamison Avenue, S. E. (Fire
Station No. 6) to CoxCom Inc., d/bla Cox Communications Roanoke, upon certain
terms and conditions, and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35589-091701. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35589-091701
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
SEWERS AND STORM DRAINS-CITY PROPERTY-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, September 17, 2001,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the
proposed vacation of a public easement on Churchill Drive, N. W., the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, September 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that the original Subdivision Plat for
Section 3 of Dorchester Court designated Lots 3 and 4 of Block 19 as "Seepage
Area"; in 1959, a perpetual easement to construct a storm drain was conveyed to
the City as shown on Plan No. 4384; in the late 1980's, the Williamson Road Storm
Drain Project was constructed to relieve the drainage problems in this area, and
removed the need for said seepage area; the property owner has requested that the
City abandon the easement so that the property may be utilized; the parcels involved
are Official Tax Nos. 2270703 and 2270704; and vacation of the easement will allow
the lots to be used for residential purposes, was also before Council.
The City Manager recommended that following the public hearing, Council
authorize the vacation of the public easement across the abovedescribed properties.
Mr. Harris offered the following emergency ordinance:
(#35590-091701) AN ORDINANCE authorizing the vacation of certain drainage
easements on property identified as Official Tax Map Nos. 2270703 and 2270704
located on Churchill Drive, N. E., upon certain terms and conditions, and dispensing
with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35590-091701. The motion
was seconded by Mr. Carder.
.The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35590-091701
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time
as a priority for citizens to be heard; and matters requiring referral to the City
Manager will be referred immediately, without objection by Council, for response,
report or recommendation to Council.
COMPLAINTS-SCHOOLS: Ms. Elaina Loritts, 4827 Rutgers Street, N. W.,
appeared before Council and expressed concern with regard to the disrepect that
has been displayed towards minority professionals employed with the Ci~y..of
Roanoke and/or serves on authorities, boards, commissions and committees
appointed by Council. She asked that all individuals be treated with respect.
COMPLAINTS-CITY EMPLOYEES: The following persons addressed Council
with regard to unfair treatment of certain City employees:
Mr. Tony Chapman, 1523 Compton Street, N. E., Apartment 18, stated
that he has been employed with the City of Roanoke for 21 years; and
expressed concern about unequal treatment and discrimination of City
employees for internal promotions.
Mr. Ted Kaplan, 4862 Old Mountain Road, N. W., expressed
condolences to the family of Karen Witt, a Customer Service Assistant
with the Police Department; and expressed concern with regard to
withheld merit increases for certain City employees. He requested that
the merit increases be retroactive, effective July 1, 2001.
Mr. Michael Randolph, Vice-President, American Federation of State,
County and Municipal Employees, expressed concern with regard to
treatment of City employees in the workplace; and offered the following
overview of major concerns with regard to City employees:
City employees on a certain pay level are not offered
equitable treatment compared to employees on a higher
pay level;
Discrimination in the workplace, employees cannot expect
nor receive a fair evaluation;
Lack of respect, recognition and appreciation for jobs well
done, which is clearly visible in lack of promotions and/or
merit increases;
Discouragement of problem solving; and
Low employee morale;
Mr. James Croan, 914 Old Country Club Road, N. W., stated that the
minority employees are being mistreated, and are afraid to speaker out
in fear of retaliation or dismissal.
Mr. Harold Johnson, 1726 Patterson Avenue, S. W., advised that he had
recently applied for a position with the Sanitation Department, which
was readvertised for lack of qualified applicants; and questioned the
reason for the readvertisement since he has been employed with the
City for approximately 16 years.
Mr. Jeff Artis, publisher of the Artis Group. Com, 1450 Lafayette
Boulevard N. W., commented on the SCLC's attempt to keep certain fire
stations opened in the black community.
Mr. Donald Maddox, 3540 Melcher Street, S. E., expressed concern with
regard to the cost of the City's health insurance; and inquired about the
closing of the fire station located on Bennington Street and Riverland
Road, S. E.
Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern
with regard to underpaid and overworked City employees, as well as
the mistreatment of blacks in the community.
84
Ms. Helen Davis, 35 Patton Avenue, N. E., expressed concern with
regard to the proposed closing of the various fire stations: Fire Station
No. 12 on Salem Turnpike, N. W., No. 9 at 24t~ Street and Melrose
Avenue, N. W., No. 5 at 12t~ Street and Loudon Avenue, N. W., No. 3 at
6th Street and Rorer Avenue, N. W., No. 1 in downtown; and stated that
the closing would rob the community of services that it deserves.
Ms. Evelyn Bethel, 35 Patton Avenue, N. E., expressed concern with
regard to accusations shared by City employees and the draft proposal
on the closing of fire stations; and requested the Members of Council
to assist the City employees with resolving their issues.
Ms. Perineller Wilson, 3045 Willow River, N. W., expressed concern with
regard to discrimination in the City, as well as the closing of the fire
stations; and stated that the Roanoke Chapter, SCLC, opposed the
closing of the fire stations within the following vicinities: Melrose
Towers, Methodist Home, Forest Park Elementary School, Fairview
Elementary School, Honey Tree Day Care Center, Westside Elementary
School, William Fleming High School, William Ruffner Middle School,
Roanoke Academy for Mathematics and Sciences, Burrell Home for
Adults, as well as 16 churches within the inner-city.
Ms. Annie Krochalis, 9428 Patterson Drive, Bent Mountain, Virginia,
expressed concern with regard to experiences of certain City
employees, and referenced a "non-disciplinary" action that placed her
off the job for four months, and thereafter moved to an unused floor at
the Main Library whereby she was alone for an additional five months.
Ms. Angela Norman, 1731 Michael Street, N. W., stated that the
employees who had appeared were not disgruntled employee, but
representatives for many City employees who are fearful to come
forward. She further stated that discrimination and retaliation continue
behind closed doors and suggested that City Council not be mislead by
promotions of a few black employees. Ms. Norman also accused
management of endorsing and not disclosing promotional decisions
and pay bonus that are subjective based on "who plays the game" and
not who is qualified; and suggested that an outside organization be
retained to monitor the hiring and promotion process because the City
cannot police itself.
PARKS AND RECREATION: Mr. Chris Hynes, 405 Arbor Avenue, S. E., and
Mr. Duane Howard, 508-B Walnut Avenue, S. W., commended City Council for
adopting a resolution directing that the Roanoke Star on Mill Mountain shine as a
visible symbol of Roanoke's patriotism and pride, and be illuminated in America's
85
colors of red, white and blue as soon as possible for a period of 30 days. It was
requested that the public be notified of the lighting. Mr. Howard requested that
Council authorize citizens to have access to the Mill Mountain Star 24 hours a day
rather than on a limited daily basis.
There being no further business, the Mayor declared the meeting adjourned
at 8:05 p.m.
ATTEST:
Stephanie Moon
Deputy City Clerk
APPROVED
Mayor
(85a)
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 1, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
October 1, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetin.qs, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members C. Nelson Harris (arrived late), W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H.
Carder and Mayor Ralph K. Smith ........................................................... 7.
ABSENT: None ........................................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A communication from the City Attorney
requesting that Council convene in Closed Session to consult with legal counsel
on a matter of probable litigation, pursuant to Section 2.2-3711.A.7, Code of
Virginia (1950), as amended, was before the body.
Mr. Hudson moved that Council concur in the request of the City Attorney
to convene in Closed Session to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.2-3711.A.7, Code of Virginia (1950), as
amended. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Mayor Smith ...................................................................................... -6.
NAYS: None .............................................................................. --0.
(Council Member Harris entered the meeting during the first Closed Session.)
(85b)
MUNICIPAL AUDITOR-COUNCIL: A communication from Council Member
C. Nelson Harris, Chair, City Council's Personnel Committee, requesting that
Council convene in Closed Session to discuss appointment of a new Municipal
Auditor, pursuant to Section 2.2-3711.A. 1, Code of Virginia (1950), as amended,
was before the body.
Mr. Carder moved that Council concur in the request of Council Member
Harris to convene in Closed Session to discuss appointment of a new Municipal
Auditor, pursuant to Section 2.2-3711.A. 1, Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Mayor Smith ......................................................................................... -6.
NAYS: None ............................................................................ 0.
(Council Member Harris entered the meeting during the first Closed Session.)
CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor Ralph K.
Smith requesting that Council convene in Closed Session to discuss a special
award, i.e.: 2001 Citizen of the Year, pursuant to Section 2.2-3711.A.10, Code of
Virginia (1950), as amended, was before the body.
Mr. Hudson moved that Council concur in the request of the Mayor to
convene in Closed Session to discuss a special award, i.e.: 2001 Citizen of the
Year, pursuant to Section 2.2-3711.A. 10, Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Mayor Smith ........................................................................................ 6.
NAYS: None ................................................................................ 0.
(Council Member Harris entered the meeting during the first Closed Session.)
At 12:25 p.m., the Mayor declared the meeting in recess for the first Closed
Session as requested by the City Attorney.
At 12:40 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, for two briefings; i.e.: the 800 MHz Trunking
System Intergovernmental Agreement and a Housing Update.
COMMUNICATIONS DEPARTMENT-POLICE DEPARTMENT-EQUIPMENT:
George C. Snead, Jr., Assistant City Manager for Operations, introduced a
briefing on the 800 MHz Regional Radio Trunk system. As background
information, he advised that in 1995-96, Roanoke City and Roanoke County
engaged in a review of four regional issues, one of which was a regional radio
communications system. At that point, he stated that Roanoke County had a 800
(85c)
MHz system which was experiencing coverage problems and other issues of
concern, and the City had an older Iow band radio system that was also
experiencing serious performance problems. He advised that following study of
the two systems, a report was submitted to Council advising that it was in both
the City's and the County's best interest to create a regional system; and in
December 1997, Council authorized a regional intergovernmental agreement and
further authorized the City Manager to enter into contracts to upgrade and
ultimately obligate approximately $6.8 million for capital costs associated with a
regional project. He explained that the word "trunk" is defined as a computerized
radio system composed of 23 frequencies, with one of the frequencies used as
the control frequency for the other 22, and the 22 remaining frequencies allow
various talk groups that are designed and programmed into the computerization
of the system to talk on the same frequency without any time waiting or
hesitation. He stated that today, a police officer in Roanoke City and an officer in
Roanoke County, using similar radio equipment, can talk fluently with one
another. He advised that the technology deals with two major issues that Council
has repeatedly placed on high priority for the City's agenda; i.e.: improved
customer service, both internally and externally, and regionalization as a means
for improved efficiency and effectiveness. He stated that the proposal to be
presented to Council is a regional approach vis a jointly owned and operated
system that serves operating departments in two different municipal operations,
and the MHz system is the backbone for other regional concepts to be
considered.
Joseph D. Slone, Director, Department of Technology, briefed Council
Members on elements of the lap top computer to be placed in police vehicles by
demonstrating developmental stages of the stand alone version of certain
functions that are currently being explored.
Questions were raised with regard to the technology and its interaction
with the dispatching function for fire and emergency medical services. In a
follow-up communication to Council by the City Manager dated October 5, 2001,
she advised that the proposed amendments do not affect the dispatching
function in any manner; as regional fire agreements become operational, the
City's' 9-1-1 Center will be dispatching Roanoke County and City of Salem fire
and rescue units directly; City of Salem and Roanoke County fire stations are
being equipped with MOSCAD radio equipment which will provide the same
notification capabilities as City fire-ems stations; and using the MOSCAD radio
equipment, City dispatchers will dispatch Salem and Roanoke County units into
the City on calls for service. She further advised that currently, there is no need
to have Roanoke County maps in the City's computer-aided dispatching system;
the 9-1-1 Centers for each jurisdiction have the appropriate mapping and
dispatching capability for calls within their respective territories; calls dispatched
for Clearbrook and Salem No. 2 station into the City will be dispatched like all
dispatches to all City fire-ems stations; a request for City apparatus to respond
(85d)
into Salem will be dispatched in the same manner as mutual aid requests are
currently dispatched through a direct phone line from the Salem 9-1-1 Center to
the City's dispatch center and the initial request will be received via a direct
phone line call from the Salem 9-1-1 Center to Roanoke City. The City Manager
advised that to insure that dispatching protocols are incorporated into the
agreements, two dispatching supervisors were assigned to the original Transition
Team to address and resolve any communication issues.
HOUSING/AUTHORITY: The City Manager introduced a briefing on housing
issues in the City of Roanoke. She advised that there is a concern on the part of
neighborhoods about the future, both in terms of the need to continue to stabilize
neighborhoods that are already stable to insure that they do not fall into decline
as they age, but also the need to bring stability to some of the deteriorating
neighborhoods and to look at the current mix of housing in order to plan for s
different housing mix in the future in response to the changing needs of the
population. She stated that as a part of the 2001-02 budget process, a new
department of housing and neighborhood services was created to give increased
attention and focus to the entire issue of housing, and one of the primary
objectives of the Assistant City Manager for Community Development is to
evaluate housing issues within the City with the goal of moving the City toward a
leadership role in coordination of housing resources.
Rolanda A. Johnson, Assistant City Manager for Community Development,
presented an update on anticipated actions that will be presented to Council in
the future. She advised that all citizens are entitled to live within standard
housing and one can drive through any area of the City and identify housing in
need of attention. She called attention to recent actions to revamp Community
Development Block Grant program funds in order to give more attention to
housing issues and to make housing a priority for the City. She discussed
certain opportunities and initiatives in housing, and referred to important plans
and studies, specifically housing strategies, and the importance of receiving
concurrence by Council before moving forward. She advised that the first plan is
Vision 2000 which was an intensive process that involved citizens who reviewed
housing initiatives, neighborhoods as villages, affordable housing, and
neighborhood plans. She further advised that the Melrose Rugby Neighborhood
Plan has been completed and plans are underway for neighborhood plans for
BelmontJFallon, Peters Creek North, Southern Hills, Old Southwest, Gainsboro,
Downtown Roanoke and Gilmer. She explained that t..h.e 21st Century Challenge
and the Fair Housing Study are other plans that will be addressed; the 21st
Century Challenge report addressed housing inventory to insure the location of
houses and vacant lots in various neighborhoods; and the Fair Housing Study
will review various housing issues such as housing choice, diverse housing, and
housing availability, with a goal to insure that there is an affordable and ample
housing supply. She advised that the City has discussed housing issues with the
Department of Housing and Urban Development and HUD has authorized the City
to purchase two houses for $1.00 which will be used in connection with a housing
program in Roanoke's neighborhoods for police officers and school teachers;
(85e)
one house is located on Rorer Avenue, S. W., which is a two unit property that is
proposed to be rehabilitated and offered for rent to police officers and/or school
teachers that meet CDBG income guidelines; and the other house is located on
Dale Avenue, S. E., and will be available for purchase. She explained that monies
that were recently diverted from the CDBG program that were previously used to
fund the salaries of building inspectors will be used to rehabilitate the properties;
since CDBG funds are to be used, the City will have flexibility in financing options
ranging from a grant, to a zero percentage loan, to a forgivable loan, and the City
will work with local financial institutions to take advantage of certain financing
programs that have not been utilized in the past. She advised that the City has
been contacted by two groups: Design Competition and Christmas in April, with a
request that the City identify certain neighborhoods to insure that housing design
fits within a specific neighborhood. She stated that the City recently purchased a
number of properties, thereby providing an opportunity to revitalize certain
neighborhoods; and in different parts of the country, cities have selected specific
pieces of property for neighborhood revitalization. She further stated that ten key
pieces of property were acquired by the Roanoke Redevelopment and Housing
Authority, at a cost of approximately $36,000.00, with the goal to either sell the
property to a not for profit organization that has the capacity to rehabilitate the
property or to private developers.
Ms. Johnson advised that City staff will be looking at those areas that have
synergy, areas where other private and public entities are located in the
neighborhood, areas that have a private and public funding stream, areas that are
visible with high traffic volume or main thoroughfares, and those neighborhoods
that currently have an established neighborhood organization, to evaluate
housing value and housing stock as well as mixed use potential. She stated that
the above information will be provided to the Roanoke Neighborhood Partnership
for the purpose of selecting one neighborhood to participate in the Housing
Design Competition Group and Christmas in April programs to insure housing
design. With regard to the sale of properties subject to delinquent taxes, she
advised that the City is investigating a program which is currently implemented in
the City of Richmond that requires a prequalificstion process to insure that
individuals purchasing properties are not subject to outstanding property tax
liens, weed liens, etc., and the program also requires submittal of a proposed use
plan for the property.
In proposing targeted housing rehabilitation areas for next year, Ms.
Johnson explained that there will be citizen and neighborhood involvement, with
a portion of the City's CDBG funds designed to neighborhoods, and the City will
continue to build neighborhood capacity to support the not for profit sector to
encourage involvement in not only selection, but rehabilitation of housing stock.
(85f)
With regard to the program designed to provide housing opportunities for
police officers and school teachers, there was discussion in connection with
offering the houses as two family dwellings, safety of the neighborhoods and
whether the location of the houses will attract police officers and school
teachers; development of housing by government versus private developers; fire
fighters should be considered as another group of City employees to include in
the abovereferenced housing program; spreading out target neighborhoods to
provide a balance throughout the City; the City has to take a risk in order to
encourage private developers to use private funds to invest in neighborhoods;
considerable sums of money can be spent to improve a neighborhood, but the
neighborhood will remain in its present form unless an educational component is
included to teach responsibility to property owners/tenants; and upper end
developers should be targeted by the City for housing development.
At 1:55 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 Monday, October 1, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, and
Mayor Ralph K. Smith ........................................................................... 7.
ABSENT: None ......................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend James
P. Beatty, Pastor, Bethel AME Church, Cave Spring.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-MENTAL HEALTH SERVICES: The Mayor presented a
proclamation declaring September 30 - October 6, 2001, as Mental Illness
Awareness Week in the City of Roanoke.
(85g)
PROCLAMATIONS: The Mayor presented a proclamation declaring the
month of October, 2001, as United Against Hate Month in the City of Roanoke.
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a
proclamation declaring October 7 - 13, 2001, as Fire Prevention Week in the City
of Roanoke.
PROCLAMATIONS-SCHOOLS: The Mayor presented a proclamation
declaring October 11, 2001, as Lights on Afterschool! Day in the City of Roanoke.
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.
INDUSTRIES-ARCHITECTURAL REVIEW BOARD-COUNCIL: A
communication from Mayor Ralph K. Smith requesting that Council convene in
Closed Session to discuss personnel matters, specifically interviews for
appointments to the Architectural Review Board and the Industrial Development
Authority, pursuant to Section 2.2-3711.A.1, Code of Virginia (1950), as amended,
was before the body.
Mr. Harris moved that Council concur in the request of the Mayor to
convene in Closed Session to discuss personnel matters, specifically interviews
for appointments to the Architectural Review Board and the Industrial
Development Authority, pursuant to Section 2.2-3711 .A. 1, Code of Virginia (1950),
as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................... 7.
NAYS: None .................................................................... -0.
EASEMENTS-NEWSPAPERS: A communication from the City Manager
advising that pursuant to requirements of the Code of Virginia (1950), as
amended, the City of Roanoke is required to hold a public hearing on the
proposed conveyance or vacation of property rights; whereupon, she requested
that a public hearing be advertised with regard to abandonment of a permanent
utility easement in connection with the Times World Corporation expansion
project on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the
matter may be heard in the Council Chamber, was before the body.
(85h)
Mr. Harris moved that Council concur in the request of the City Manager to
advertise a public hearing as abovereferenced on Thursday, October 18, 2001, at
7:00 p.m., or as soon thereafter as the matter may be heard in the City Council
Chamber. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................................... 7.
NAYS: None ............................................................ ~ .................... 0.
COUNCIL-LANDMARKS/HISTORIC PRESERVATION: A communication
from Council Member C. Nelson Harris advising that over the course of many
years, significant historic buildings have been lost in the central downtown area,
including the Roanoke High School, Academy of Music, movie theaters, Terry
Building, and some hotels to name a few, was before Council. He presented a
proposal that a plaque recognizing where the structures stood be installed in the
sidewalks at the addresses of the former .buildings; and the plaques would be
simple, durable markers that could make a "historic trail" through downtown
Roanoke and complement other historic and cultural amenities of this region of
the City.
Mr. Harris stated that in order to move forward on the project, he has
discussed the matter with the City Manager, Kent Chrisman, representing the
Roanoke Valley Historical Society and Matt Kennell, representing Downtown
Roanoke, Inc., who have agreed to be of assistance in forming a working group to
solidify the concept for presentation and hopefully adoption by Council. He noted
that once the buildings to be marked and the type of plaques to be installed have
been identified, he will submit a more complete presentation to Council for
consideration and approval; whereupon, he requested that $25,000.00 be referred
to the 2002-03 budget study for the proposed p.roject.
Mr. Harris moved that Council concur in the request to forward $25,000.00
to 2002-03 fiscal year budget study. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................................... 7.
NAYS: None .................................................................................. 0.
MUNICIPAL AUDITOR-OATHS OF OFFICE:
qualification was before Council:
The following report of
Troy Andrew Harmon as Acting Municipal Auditor, effective
September 28, 2001, at 12:01 p.m.
(85i)
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ...................................................................................... 7.
NAYS: None ...............................................................................-0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND RECREATION: E. Duane Howard, 508-B Walnut Avenue, S. W.,
advised that the name Elmwood is approximately 170 years old and the estate
became Elmwood when the area was known as Big Lick. He stated that just as
citizens recognize historical Gainsboro as a part of the City's early history,
likewise, the name of historic Elmwood Park should never be changed for any
ene, past, present or future, because to do so would diminish and dishonor the
contributions of Roanoke's early settlers who once lived in the area. He referred
to Council Member Harris' proposal to spend $25,000.00 to place commemorative
plaques throughout downtown Roanoke to recognize the location of many former
buildings that are now appreciated for their contributions, growth and prosperity
to early downtown. He also referred to the home that once stood on top of the hill
and became known as Elmwood in about 1830 and later became the City's first
library, and, to this day, Elmwood Park has remained the home of the City's main
library. He stated that when the City purchased Elmwood in 1911, it became the
third park in the City and led to the formation of the City's first five man parks
department. He noted that the present Council can prevent a future Council from
having to spend money to lay a plaque to remember Elmwood Park by realizing
and appreciating that Council Member Harris' proposal deals with remembering
history, names, places, and dates, and within that spirit, the name Elmwood
should stand as a memorial to honor all of those persons who have come and
gone, and by preserving its name, there will be no need for future generations to
lay a plaque to remind citizens of the past. He encouraged Council to adopt a
measure giving Elmwood Park the historic status that is so long overdue, thereby
laying to rest any future attempt to alter the rich heritage that lies within
downtown Roanoke. He advised that during former Mayor Noel C. Taylor's
administration, the City spent $750,000.00 on the renovation of Elmwood Park
and the park was rededicated in 1985 under the leadership of Mrs. Robert W.
Woody, the wife of a former Mayor of the City of Roanoke.
Ms. Brenda Hale, 3595 Parkwood Drive, S. W., advised that the name, Dr.
Martin Luther King, Jr., is a name that is recognized world wide. She stated that
Dr. King was a man of peace and love, a Nobel Peace Prize recipient, a civic
rights champion, and a hero, and when she visits a new city and sees the name
Dr. Martin Luther King, Jr., imprinted on a library or a building or a street, she
experiences a feeling of welcome as do many other African-Americans and
(85j)
persons of other races. She asked that Council look at the word "hate" and
replace it with another four letter word, "love," and try to love and embrace the
over 70 nations that are represented in the City of Roanoke. She stated that Dr.
King led the war for equality, justice and nonviolence, and he provided solutions
for civil rights issues that all citizens enjoy in the form of the Civil Rights Act
which made life better for all people. She added that Elmwood Park was
recommended to honor Dr. King after long hours of laborious research, listening
to discussions and a multitude of other excellent suggestions, because the space
honoring Dr. King's memory should be an area for the living which will provide a
memorial where people can visit on a regular basis throughout the entire
calendar year. She stated that if Roanoke is to move forward into the 21st century,
it should add the name of Dr. Martin Luther King, Jr., to its history which will
impact the future of Roanoke and send a resounding message to the youth of the
community.
Former Congressman James Olin, 175 27th Street, S. W., advised that a
committee of 16 persons representing a cross section of the City of Roanoke
worked for over a year on an appropriate recommendation to honor Dr. King's
memory. He stated that the committee listened to ideas from numerous persons,
and concluded that to rename Elmwood Park in honor of Dr. King was the
appropriate action. He added that if Elmwood Park is named in Dr. King's honor,
every year on the anniversary of his birth, Dr. King's name will receive attention
and more people will benefit and learn from the teachings and achievements of
this great American.
Without objection by Council, the Mayor advised that all remarks would be
received and filed.
FIRE DEPARTMENT: Ms. Bethel advised that her presentation would
consist of a videotape regarding fire stations.
The Mayor inquired if the videotape will last more than five minutes;
whereupon, Ms. Bethel responded that the videotape consists of approximately
ten minutes. The Mayor advised that unless he was overruled by Council, the
sound technician was instructed to stop the videotape at the end of five minutes.
At the conclusion of the first five minutes of the videotape, for the record,
Mr. Bestpitch advised that Members of Council have previously viewed the
videotape in its entirety.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that all ia not well in
the northwest section of the City of Roanoke. She stressed the importance of fire
and emergency services to all neighborhoods in Roanoke City and Roanoke
County; therefore, citizens are deeply concerned about the proposed closure of
five fire stations, four of which are located in northwest Roanoke, i. e.: No. 12 -
Salem Turnpike, No. 9 - 24th Street and Melrose Avenue, No. 5 - 12th Street and
Loudon Avenue, No. 3- Sixth Street and Rorer Avenue, and No. I- downtown
(85k)
Roanoke. She stated that many citizens believe that only one fire station is to be
closed because the news media refers only to Fire Station No. 12. She added that
when four fire stations in one section of the City are proposed to be closed,
citizens are left without fire and emergency medical services protection,
citizens believe that the City's reported response time is not correct, and citizens
are not in favor of taking tax dollars from the northwest section of the City. She
stated that a community meeting should be held where citizens are permitted to
ask questions and receive responses because many neighborhoods make up the
community and information about proposed fire station closures should be
available and given to as many citizens as possible, concurrently, so as to
provide adequate public input. She stated that closing fire stations is a serious
matter and citizens need to be provided with all of the facts.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, advised
that there have been numerous lobbying groups who address Council under the
Hearing of Citizens section of the City Council agenda and they receive ten
minutes to make their presentations; therefore, it is not appropriate for business
interests to receive ten minutes and for individual taxpayers to be limited to five
minutes. He stated that there are two forces at work inthe world today: good and
evil; there is considerable discussion about eradicating hate when there should
be talk about eradicating evil, and September 11 was an example of that kind of
evil; however, evil takes place at the state and local levels every day in
communities, families and neighborhoods. He advised that the question is: what
will be done about evil when it manifests itself in government favoring one group
over another, and favoring business interests over elderly citizens and taxpayers
in northwest Roanoke who will be affected by major decisions. He stated that the
citizens of Roanoke are entitled to see the videotape previously introduced by
Ms. Bethel in its entirety. He added that Henry Street improvements, Burrell
Nursing Home, Harrison Museum of African - American Culture, Gainsboro, and
Fire Stations Nos. 1, 5, 9, and 12, individually and collectively, speak to who we
are and what we can accomplish as a community, and when fire stations are
reduced, along with staffing and equipment, the risks for citizens are
automatically increased.
Mr. Bestpitch requested that the record reflect that Council has made a
decision to terminate the lease for Fire Station No. 12; however, no decisions
have been made regarding the closure of any other fire stations in the City.
Ms. Wyatt concurred in Mr. Bestpitch's statement, however, she stated that
the proposed closure of additional fire stations is included in a written report
from the Fire Chief.
Without objection by Council, the Mayor advised that all remarks would be
received and filed.
(85 )
PETITIONS AND COMMUNICATIONS:
BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A.
Clemo, Attorney, transmitting measures for VPSA Interest Rate Subsidy Bond
Financing for Fairview Elementary School, in an amount not to exceed
$2,750,000.00, and Fishburn Park Elementary School, in an amount not to exceed
$2,500,000.00, was before Council.
Mr. Carder offered the following resolution: (#35591-100101) A
RESOLUTION authorizing the issuance of not to exceed $2,750,000 general
obligation school bonds of the City of Roanoke, Virginia, Series 2001-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. 64.)
Mr. Carder moved the adoption of Resolution No. 35591-100101. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ................................................................................. 7.
NAYS: None ................................................................................... 0.
Mr. Carder offered the following resolution:
(#35592-100101) A RESOLUTION authorizing the issuance of not to exceed
$2,500,000 General Obligation School Bonds of the City of Roanoke, Virginia,
Series 2001-B, 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. 64.)
Mr. Carder moved the adoption of Resolution No. 35592-100101. The
motion was seconded by Mr. Harris and adopted by the following vote:
AY. ES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ................................................................................ 7.
NAYS: None .............................................................................. 0.
REPORTS OF OFFICERS:
CITY MANAGER:
(85m)
BRIEFINGS:
COMMITTEES-HOUSING/AUTHORITY: The City Manager advised that
shortly after the City began its update of the Comprehensive Plan, she was
approached by representatives of the Fair Housing Board regarding the need for
the City to address fair housing issues; therefore, an element of the City's
Comprehensive Plan led to the retention of the services of a consultant to assist
in preparation of a housing report. She introduced Brenda Powell, Chair, Fair
Housing Board, to present the report. On behalf of the Fair Housing Board, Ms.
Powell presented copy of an "Analysis of the Impediments to Fair Housing in
Roanoke, Virginia", prepared by Housing Opportunities Made Equal, Inc., dated
2001. The following is the Executive Summary:
Housing is not simply shelter. Where people live makes a difference
in the quality of their lives, what kind of schools their children will
attend and the opportunities they will have, the kinds of jobs that will
be open to them, and whether or not their housing investment grows.
In a community in which there are no impediments to housing
choice, everyone has equal access to the same kinds of housing,
neighborhoods, amenities, limited only by what one can afford.
Unfortunately, that kind of open housing market does not exist. As a
result of past discrimination, structural constraints built into the
system, and current discrimination, there are many barriers that limit
housing choices for residents of the Roanoke metropolitan area.
Housing in Roanoke is highly segregated. 89.7% of the population of
the metro area lives in census tracts that are either overwhelmingly
white (more than 80%) or overwhelmingly black. Although the
number of blacks living in Roanoke County increased between 1990
and 2000, the number increased by only 762. Vinton's African-
American population grew by 16 African-Americans, and Salem's
black population increased by only 421 people. The majority of the
area's African-American (85.4%) live in the city, where poverty rates
are the highest, while the counties remain predominantly white and
middle-class.
Based on 1990 census date, the index of dissimilarity (a formula that
measures the degree to which blacks and whites are evenly spread
among neighborhoods) for the Roanoke metropolitan area was
72.9%. Based on 2000 Census data the index of dissimilarity was
66.8%. Although there has been some improvement between 1990
and 2000, the numbers are still very high. The numbers indicate
that in 2000, 66.8% of the members of one racial group would need to
(85n)
move to a different block group for the two groups to be evenly
distributed. Roanoke had a higher index of dissimilarity at the
census tract level than the following cities: the Washington, D. C.
metro area (63.12%), the Norfolk/Virginia Beach/Newport News metro
area (49.20%), the Richmond/Petersburg metro area (57.08%),
Lynchburg (37.96%), Danville (34.59%), and Charlottesville (36.29%).
Housing choice should not stop at a county or city line. Yet the
structure of government in the region (in which all jurisdictions are
independent) has barred regional solutions to many problems that
are regional in nature. This is as true for impediments to fair
housing as for anything else. There is no regional commitment to
fair housing, and no political incentive to encourage equal access.
The limited amount of affordable housing and support services in the
area surrounding the city ensures segregation by income and forces
lower-income persons and those who need support services into the
city. The lack of a regional transportation system substantially limits
the housing choices of those who need or want to use public
transportation.
There is substantial evidence of current illegal discrimination on the
basis of race, disability, and the presence of children in the family.
This discrimination occurs in virtually all forms of housing and
housing-related activities. In addition, housing choices for persons
with disabilities are greatly limited by the lack of accessible housing,
and the concentration of group homes and congregate living
facilities in a relatively few areas - almost all within the city.
Due to the close correlation between race and income, income-based
barriers to housing choice fall most heavily on African - Americans,
whether they must rely on assisted housing that is available only in
certain neighborhoods, or cannot purchase homes because they do
not have the funds available for downpayment or closing costs.
The City's (and non-profit groups') redevelopment activities are
essential components of an effort to eliminate blight in
neighborhoods that have suffered from past policies of segregation
and a general lack of investment. However, the City has failed to
ensure that redevelopment does not simply confirm historically
segregated housing patterns, and has made choices about how it
spends it CDBG funds that do little to address the city's needs for
affordable housing.
(850)
This study recommends ways to overcome impediments to fair
housing. Some of the recommendations involve a continuation or
expansion of existing City policies; others represent new actions or
directions:
Acknowledge the need for regional cooperation to eliminate
barriers to housing choice, and support the development of
specific inter-jurisdictional cooperative mechanisms to make
open housing a reality.
Provide fair housing training to housing providers to ensure
compliance with the law; provide fair housing education to the
community to help consumers identify and challenge housing
discrimination.
Provide financial incentives to homebuyers to encourage pro-
integrative moves.
Require affirmative marketing programs for all developments
using City funds.
Encourage mixed-income and mixed-tenure (rental and
homeownership) developments, especially when public fUnds
are used.
Direct more CDBG money to housing programs, and consider
spending money in targeted neighborhoods in an effort to
increase home values there.
Support pre-purchase counseling and down payment
assistance programs to imp.rove home ownersh~ip
opportunities for Iow-and moderate-,ncome people.
Fund the construction of affordable retirement and assisted
living communities.
Increase funding for permanent supportive housing that
includes drug treatment and mental health services.
· Encourage consideration of a regional housing authority.
Fund the development of a mobility program for section 8
voucher holders.
Map, gather, and market logical groupings of City-owned
vacant lots to private developers for market rate housing.
(85p)
Make the City a national leader in the effort to increase
housing accessibility; support the use of universal design
features in all publicly-funded developments.
The fair housing board should focus on strengthening the
ways in which it assists Roanoke residents in gaining access
to state administrative procedures
Fund fair housing enforcement (including testing) to address
discrimination in all forms of housing and housing-related
activities.
Ms. Powell presented the Board's vision for fair housing in the City of
Roanoke, as reflected in Council's vision, to insure that all citizens of the City of
Roanoke will have the opportunity to be important and respected by removing
any and all barriers to housing choices, She stated that in order for citizens to
enjoy a great quality of life, all participants must work as a team to insure that
barriers to housing choices are eliminated, thus enhancing the economic health
and wellbeing of the City. She presented the following recommendations of the
Fair Housing Board:
(1) A request for financial assistance by the City to the Fair Housing
Board to provide training for educational programs relating to fair
housing.
(2) A request for legal assistance by the City Attorney's Office to
draft a measure that will be applicable to the future of the Fair
Housing Board.
(3) Initiation of a public forum in November, 2001 for review of the
Fair Housing Study, With the goal of receiving citizen input on
future direction.
Ms. Powell advised that the Fair Housing Study will provide the impetus for
the City of Roanoke to move forward and-the Fair Housing Board will provide a
progress report to Council during Fair Housing Month in April 2002. She
requested that the City of Roanoke embrace the study and encourage all citizens
to begin to build a better community' where fair housing impediments will be
eliminated and housing choices will be a way of life.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
(85q)
ITEMS RECOMMENDED FOR ACTION:
COMMUNICATIONS DEPARTMENT-CITY INFORMATION SYSTEMS-
EQUIPMENT-POLICE DEPARTMENT: The City Manager submitted a
communication advising that Council authorized an 800 MHz Regional Radio
system and entered into an Intergovernmental Agreement with Roanoke County
in December, 1997, for installation and maintenance of the system; the regional
radio system was placed into use in 1999 for Public Safety and is now being used
by other departments in the City; the initial agreement focused only on the
system and the handheld/mobile units that supported the use of voice
transmissions; since the initial agreement was approved in 1997, the City is
upgrading its Mobile Data Terminals (MDTs) in its public safety vehicles; Roanoke
County is also purchasing MDTs for use in County vehicles; both localities are
now utilizing the 800 MHz Trunking System, sharing common radio frequencies
as approved by the FCC, for transmission of data to the MDTs; and the
Intergovernmental Agreement needs to be amended to include use and
maintenance of the units in the system.
It was further advised that changes requested to the contract provide for
addition of the following items:
- Inclusion of the MOSCAD fire alerting equipment used by the City
of Roanoke;
- Expansion of the mobile data equipment for use by both
localities;
- Designation of the County as the contractin.g agent for
maintenance agreements for the equipment and as ,nsurer of the
equipment (reimbursed by the City);
- Change in the designation of the named system manager by the
City and the County.
The City Manager recommended that she be authorized to execute an
amendment to the existing Intergovernmental Agreement with Roanoke County to
reflect use and maintenance of MDTs in the Regional 800 MHz Trunking Radio
System to be approved by the City Attorney. She advised that a similar request
will be submitted by staff of Roanoke County.
Mr. White offered the following emergency ordinance:
(85r)
(#35593-100101) AN ORDINANCE authorizing the City Manager to execute
an amendment to an Intergovernmental Agreement, dated December 17, 1997,
with Roanoke County concerning the Regional 800 MHz Trunking Radio System,
upon certain terms and conditions, and dispensing with the second reading of
this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35593-100101. The motion
was seconded by Mr. Hudson.
Following question with regard to funding; i.e.: Roanoke City
$4,020,969.00 and Roanoke County - $881,949.00, the Assistant City Manager for
Operations advised that the above referenced figures address a prior agreement
and when the 800 MHz system was implemented, Roanoke County already had a
substantial portion of its infrastructure in place, and it was necessary for the City
to replace a considerable amount of its equipment.
The City Manager clarified that the figure does not represent an additional
$4 million, but the original .contract with amendments, which is intended to add
units that are proposed to be installed in police vehicles as previously presented
to Council at its 12:15 p.m. session.
Ms. Wyatt raised questions with regard to the CAD systems for Roanoke
City and Roanoke County which are not compatible because City computers do
not contain maps of County streets and County computers do not contain maps
of City streets, therefore, the only means of communication is via telephone or
radio dispatch which appears to be a step back for City dispatch procedures.
She inquired as to the cost of providing a dispatch system that works in tandem
with Roanoke County dispatch so that the two localities do not communicate via
radio. She advised that the life blood of fire, police and emergency medical
services is the dispatch center and as the City moves forward with new projects,
be they police, fire, emergency medical services, or refuse collection, it is
important to insure that there is no back tracking in terms of quality of service to
Roanoke's citizens. She stated that it appears that the CAD systems are not
equitable, and it is unfair to citizens and to dispatchers to place them in a
position of using radios to dispatch emergency vehicles.
Upon suggestion by the Mayor, the Assistant City Manager for Operations
advised that a staff briefing could be provided at a 2:00 p.m. Council session that
would be beneficial to both the Council and to the public at large.
Mr. Bestpitch advised that this is a broad issue and many components
need to be kept in mind as the process proceeds. He focused on the agreement
with Roanoke County involving the Clearbrook Station and advised that that
specific area of the City has been identified with clearly delineated boundaries of
the City into which, on or about January 1, 2002, the Clearbrook Station will
begin to provide initial response for fire and emergency medical service calls.
(85s)
By January 1, 2002, he inquired if Roanoke County's system will have the
necessary data input in order to use a computer generated response as
referenced by Ms. Wyatt for that specific area of the City.
The Assistant City Manager for Operations responded that this is the type
of issue that the Transition Team will address and monthly updates will be
provided to Council as the project unfolds.
Mr. Bestpitch requested a response to his question and to Ms. Wyatt's
concern as a part of the November 2001 update by the Transition Team.
Ordinance No. 35593-100101 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................. 7.
NAYS: None ............................................................................. 0.
ARCHITECTURAL REVIEW BOARD-COMMITTEES-ART ACQUISITION-
SISTER CITIES: The City Manager submitted a communication advising that
Roanoke Valley Sister Cities, Inc. (RVSC) and the City of Roanoke have been
working on the Sister Cities Sculpture for several years; Council approved the
sculpture project in 1997, which is a seven piece linear sculpture representing
each of the existing Sister Cities; artists for the project were chosen from 28
competing artists in a state-wide competition in 1996; and after evaluating
numerous sites, Century Square was selected asthe most appropriate site for the
public artwork since it is in close proximity to the Sister Cities flag display
located at Friendship Fountain.
It was further advised that the Architectural Review Board must review and
approve any alteration, reconstruction, or erection in an H-1 district and issue a
Certificate of Appropriateness; Century Square is within an H-1 district, and on
June 7, 2001, the Architectural Review Board approved the appropriateness of a
conceptual site plan for improvements to Century Square to prepare the park as a
site for the Sister Cities Sculpture, and approved installation of the sculpture; and
in late spring, the Roanoke Arts Commission also approved the project, thus
enabling the City to accept the gift.
It was explained that on September 4, Council approved $78,000.00 in the
Capital Maintenance and Equipment Replacement Program to facilitate
improvements to Century Square, including modification of the trellis, lighting,
foundation for the artwork, tables and seating, and appropriated funds to Account
No. 008-530-9779-9003; and Roanoke Valley Sister Cities will provide payment to
the artists based on a fixed fee schedule for their work and provide funds to
address the costs of appropriate signage.
(85t)
The City Manager recommended that she be authorized to enter into an
Agreement, the form of which shall be approved by the City Attorney, with
Roanoke Valley Sister Cities, Inc., and the artists for creation and installation of
the Sister Cities sculpture to be installed in Century Square, and further
recommended that Council accept the sculpture gift.
Mr. Carder offered the following emergency ordinance:
(#35594-100101) AN ORDINANCE authorizing execution of an Agreement
among Roanoke Valley Sisters Cities, Inc. (RVSC), Donna Essig and Mimi Babe
Harris (Artists) and the City of Roanoke relating to the construction of a work of
art, the Sister Cities Sculpture, to be placed in a public space in Century Square;
providing for certain improvements to be made by the City to Century Square,
and accepting the donation of the Sisters Cities Sculpture; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35594-100101. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ................................................................................... 7.
NAYS: None ................................................................................... 0.
BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: The City
Manager submitted a communication advising that the City of Roanoke was
notified by the Commonwealth of Virginia Department of Health on May 2, 2000,
that due to possible surface water influence, Crystal Spring could not be used as
a water supply until the water was treated for potential surface contaminants,
which .has caused a loss of three to four million gallons of water per day in the
potable water supply of the City of Roanoke; a preliminary engineering study
determined the most feasible method to treat Crystal Spring water was a
membrane filtration system; and after proper advertising, four bids were received
on Thursday, September 20, 2001, with Mid Eastern Builders, Inc., submitting the
Iow bid in the amount of $4,477,000.00.
It was further advised that City staff recommends using a construction
administration specialty firm to monitor, inspect and administer the construction
project; Construction Dynamics Group, Inc., (CDG) was selected to provide the
services in accordance with standard procurement procedures; funding in the
total amount of $5,124,700.00 is needed for the project; $200,000.00 will be
allocated for the contract for construction administration services
abovereferenced; funding will be made available through issuance of Series 2002
General Obligation Public Improvement bond issue; and principal amount of
$31,245,000.00 with $5,445,000.00 being allocated for the project, was authorized
for issuance by Council at its August 6, 2001, meeting.
(85u)
The City Manager recommended that Council take the following actions:
Accept the bid and authorize the City Manager to execute a contract
for said work with Mid Eastern Builders, Inc., in the amount of
$4,477,000.00, with 365 consecutive calendar days of contract time,
and reject ail other bids received by the City;
Authorize the City Manager to enter into a contract with Construction
Dynamics Group, Inc., in an amount not to exceed $200,000.00;
Appropriate in advance of issuance $5,124,700.00 from the sale of
Series 2002 bonds as follows: $4,924,700.00 to an account to be
established by the Director of Finance entitled, "Crystal Spring Water
Treatment (Filtration) Plant Construction"; and $200,000.00 to an
account to be established by the Director of Finance entitled,
"Crystal Spring Water Treatment (Filtration) Plant Construction
Administration Services"; and
Adopt a resolution declaring the City's intent to reimburse itself
$5,124,700.00 from the proceeds of Series 2002 General Obligation
Public Improvement Bonds.
Mr. Harris offered the following emergency ordinance:
(#35595-100101) AN ORDINANCE accepting the bid of Mid Eastern
Builders, Inc., for the necessary building construction and equipment installation
at the Crystal Spring Water Treatment (Filtration) Plant, 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. 64.)
Mr. Harris moved the adoption of Ordinance No. 35595-100101. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ...................................................................................... 7.
NAYS: None ............................................................................ 0.
Mr. Carder offered the following resolution:
(85v)
(#35596-100101) A RESOLUTION authorizing a contract with Construction
Dynamics Group, Inc., for construction administration services and related work
for the Crystal Springs Water Filtration Plant Project.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35596-100101. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................................... 7.
NAYS: None ............................................................................. 0.~
Mr. Carder offered the following emergency budget ordinance:
(#35597-100101) AN ORDINANCE to amend and reordain certain sections
of the 2001-2002 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35597-100101. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................................... 7.
NAYS: None .................................................................................. 0.
Mr. Carder offered the following resolution:
(#35598-100101) 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 Resolution No. 35489-080601, adopted
August 6, 2001, for the purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement
and equipping of various public improvement projects of and for the City, which
includes the building and equipping of the Crystal Spring Water Treatment
(Filtration) Plant; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35598-100101. The
motion was seconded by Mr. Harris and adopted by the following vote:
(85w)
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................... 7.
NAYS: None ............................................................................... -0.
POLICE DEPARTMENT-TELEPHONE COMPANIES-TELEPHONE
EQUIPMENT: The City Manager submitted a communication advising that in April
2000, the City Manager and U. S. Cellular entered into a contractual agreement
that established a SAFE program in Roanoke, which program allows the Police
Department to distribute activated cell phones to at-risk victims of domestic
violence, pending prosecution; cell phones allow domestic violence victims to
immediately notify police of inprogress offenses and potential threats; U. S.
Cellular requires annual renewal of the contract in order for the Police
Department to maintain an inventory of 20 phones; and U. S. Cellular provides the
phones and service at no cost to the City.
It was further advised that cell phones are distributed to at-risk domestic
violence victims who would otherwise lack the ability to immediately alert police;
improved police response times to imminent domestic violence threats is an
effective deterrent and provides significant domestic violence victim safeguards
because the cell phones have been described by victims as virtual lifelines; a
release and hold harmless provision in the SAFE contract, paragraph 6, requires
the City to release and hold harmless U. S. Cellular from any claims arising from
the agreement; and the proposed SAFE contract is essentially the same as the
SAFE contract entered into in April 2000.
The City Manager recommended that she be authorized to enter into a
contract with U. S. Cellular for continued use of SAFE program cell phones and
service for a period of one year.
Mr. Bestpitch offered the following resolution:
(#35599-100101) A RESOLUTION authorizing execution of an agreement
between the City of Roanoke and U. S. Cellular, providing for use of cellular
phones for the Stop Abuse From Existing (S.A.F.E.) Program.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35599-100101. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .................................................................. -7.
NAYS: None ................................................................................ 0.
(85x)
POLICE DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED: The
City Manager submitted a communication advising that the Roanoke Police
Department Mounted Patrol Unit needs a utility building to store sawdust used in
stall maintenance, and a mowing tractor that is utilized daily in the operation of
the Mounted Patrol Unit; sawdust is currently transported by tractor-trailer to the
stables, then dumped onto the ground; sawdust is covered by a tarp, which
allows moisture leading to mold and mildew; the Blue Ridge Masonry Association
will donate labor and concrete block, in the amount of approximately $6,000.00
for construction of the utility building, and The Roanoke Foundation for
Downtown Inc. ("Foundation") has secured donations in excess of $9,000.00 to
complete the building with flooring, roof, and electrical wiring; construction of the
utility building will allow the Mounted Patrol Unit to store sawdust and maintain
sawdust free of mold; the mounted patrol tractor is gas operated and could be a
fire hazard that should be stored in a separate building away from the horses;
and an agreement has been negotiated between the City of Roanoke and the
Roanoke Foundation for Downtown, Inc., to construct a utility building and
donate the facility to the City for use in connection with the operation of the
mounted patrol stable.
The City Manager recommended that she be authorized to enter into a
contract with the Roanoke Foundation for Downtown, Inc., to provide for
construction of a utility building at the Roanoke Center for Industry and
Technology in furtherance of operation of the Mounted Patrol Unit, to be
approved as to form by the City Attorney, and, upon completion of construction
of the utility building, that she be authorized to accept donation of the structure
on behalf of the City, pursuant to Section 2-263 of the Code of the City of
Roanoke (1979) as amended.
Mr. Hudson offered the following emergency ordinance:
(#35600-100101) AN ORDINANCE authorizing the City Manager to enter
into a contract with the Roanoke Foundation for Downtown, Inc. ("Foundation")
fer the construction by the Foundation of a utility building to further the operation
of the Roanoke City Police Department Mounted Patrol Unit; authorizing the City
Manager to accept, on behalf of the City pursuant to §2-263 of the Code of the
City of Roanoke, from the Foundation the donation of the Facility once it is
completed in accordance with the approved plans, upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35600-100101. The
motion was seconded by Mr. Harris and adopted by the following vote:
(85y)
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ....................................................................... 7.
NAYS: None ........................................................................ ---0.
ROANOKE ARTS COMMISSION: The City Manager submitted a
communication advising that a steering committee comprised of representatives
of the major cultural organizations and local governments has been working to
develop a Master Plan for Cultural Institutions of the Roanoke Valley; the Master
Plan addresses the areas of education, funding, legislative, marketing, and
transportation and infrastructure; the Master Plan illustrates how to better
preserve, develop and improve the identity of the institutions, as well as how to
promote transportation connections between the institutions; the Vision 2001
Comprehensive Plan for the City of Roanoke recommends support of the region's
cultural institutions and recognizes that the health of the institutions directly
affects the City of Roanoke and the Roanoke Valley; and by working together
through strategies developed in the Master Plan, the institutions can more
effectively fulfill their missions and provide a positive impact on the entire
Roanoke Valley.
The City Manager recommended that Council adopt a resolution in support
of the Master Plan of the Cultural Institutions of the Roanoke Valley.
Mr. Carder offered the following resolution:
(#35601-100101) A RESOLUTION supporting the Master Plan for the
Cultural Institutions of the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35601-100101. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ....................................................................... 7.
NAYS: None ................................................................................ 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
August, 2001.
(85z)
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITFEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND
RESOLUTIONS: None.
CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
AFFIRMATIVE ACTION: Council Member Wyatt inquired about the status of
the City's Annual Affirmative Action report; whereupon, the City Manager advised
that the report is presented on an annual basis and will be submitted to Council
during the first quarter of the 2002 calendar year so as to provide data through
calendar year 2001. She stated that it would be her goal to submit the report to
Council in February 2002 and annually thereafter as previously requested by the
Council.
As a part of the annual report, Ms. Wyatt requested information on the
types of promotions within City departments, i.e.: male and female, new hims
and internal promotions broken down into the categories of administrative,
trades, managerial, professional and technical personnel.
MINORITY/WOMEN OWNED BUSINESSES-AFFIRMATIVE ACTION-
PROCUREMENT CODE: Council Member White requested information with
regard to the City's record of purchasing goods and services under $15,000.00
from small/minority owned businesses.
AUDITS/FINANCIAL REPORTS-MUNICIPAL AUDITOR-SCHOOLS: Mayor
Smith inquired if an audit of the records and affairs of the Roanoke City School
Board has been performed pursuant to Ordinance No. 35580-091701 adopted by
Council on Monday, September 17, 2001; whereupon, the Acting Municipal
Auditor advised that a meeting has been scheduled for some time within the next
two weeks.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor
advised that Council sets this time as a priority for citizens to be heard; and
matters requiring referral to the City Manager will be referred, without objection
by Council, for response, report and recommendation to Council.
(85aa)
PARKS AND RECREATION: Mr. Bob Caudle, 4231 Belford Street, S. W.,
read a prepared statement expressing opposition to the renaming of Elmwood
Park to Martin Luther King, Jr. Park. He advised that the history of Elmwood Park
and the City of Roanoke should preclude the naming of the park after any
individual or changing the name for any reason; and the name Elmwood Park has
been used in the community for approximately 150 years, it predates the Civil War
and precedes the name of Roanoke. He stated that Elmwood Park is one of the
most recognized areas in Roanoke, it is located in the center of the City and
provides immediate name recognition as an event location. He added that to
rename Elmwood Park in this manner will be very divisive to the community; and
called attention to a section of Elmwood Park where a memorial is located to
honor former Mayors, therefore, it would be inappropriate to overshadow the
many accomplishments of these dedicated individuals who gave so many years
of service by renaming Elmwood Park in honor of a person who had no direct
contact with the City of Roanoke. He noted that the committee that submitted the
recommendation was insensitive to the feelings of the vast majority of the
citizens of Roanoke, they made their recommendation based on individual
thoughts, and the committee did not arrive at the proper recommendation to
honor Dr. King's memory.
COMPLAINTS-REFUSE COLLECTION: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., addressed Council in regard to the solid waste collection program
that was implemented by the City on July 1, 2001. She commended the City for
adding additional residences where refuse collection will return to the alley;
however, she expressed concern that affected citizens have not received
appropriate notification from the City. She advised that notice changes should
come from the City Manager, and something should be done, City-wide, to
alleviate confusion. She requested that Council schedule a town meeting which
will provide an opportunity for dialogue with citizens on recommendations that
are to be implemented by the City.
COMPLAINTS-COUNCIL: Ms. Evelyn D, Bethel, 35 Patton Avenue, N. E.,
advised that her parents taught their children that living is a two way street; i. e.:
if one wants respect, one must give respect; and as it relates to Council, she
stated that if Council wants accountability, it must be accountable. She noted
that citizens have appeared before Council and requested information, but rarely,
if ever, is Council accountable; therefore, she asked the question: what are
citizens to do. She added that if Council wants to be treated in a courteous
manner, Council must treat citizens in a courteous manner, and referred to secret
meetings that have taken place throughout the City, but when information is
revealed as a result of the meetings, no one wants to be held accountable. She
stated that Council Members are elected to represent all citizens of the City of
Roanoke because Council Members are elected at large; therefore, Council needs
to be aware of what citizens are thinking, feeling, and wishing for their
neighborhoods and their communities.
(85bb)
At 4:05 p.m., the Mayor declared the meeting in recess for three Closed
Sessions. At 5:50 p.m., the meeting reconvened in the Council Chamber, with
Mayor Smith presiding, and all Members of the Council in attendance, with the
exception of Council Member White, who left the meeting during the Closed
Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Bestpitch moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any motion by which any
Closed Meeting was convened were heard, discussed or considered by City
Council. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch, Carder, and
Mayor Smith .............................................................................................. 6.
NAYS: None .................................................................................. 0.
(Council Member White left the meeting during the Closed Session.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that
the terms of office of S. Deborah Oyler and William L. Bova as members of the
Industrial Development Authority will expire on October 20, 2001, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of S. Deborah Oyler and William
L. Bova.
There being no further nominations, Ms. Oyler and Mr. Bova were
reappointed as members of the Industrial Development Authority, for terms
ending October 20, 2005, by the following vote:
FOR MS. OYLER AND MR. BOVA: Council Members Harris, Hudson, Wyatt,
Bestpitch, Carder, and Mayor Smith ......................................................... 6.
NAYS: None ................................................................................ -0.
(Council Member White was absent.)
There being no further business, the Mayor declared the City Council
meeting in recess at 5:55 p.m., to be reconvened on Wednesday, October 3, 2001,
at 9:00 a.m., at Apple Ridge Farm, 9230 Pine Forest Road, N. E., Cooper Hill,
Virginia, at which time Council will hold a planning retreat.
(85cc)
The regular meeting of Roanoke City Council reconvened on Wednesday,
October 3, 2001, at 9:00 a.m., in a Planning Retreat at Apple Ridge Farm, 9230
Pine Forest Road, Copper Hill, Virginia.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, William White, Sr., Linde F. Wyatt and Mayor Ralph K.
Smith .................................................................................................. 6.
ABSENT: Council Member W. Alvin Hudson, Jr.- .................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso; Director of Finance; and Mary F.
Parker, City Clerk.
OTHERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; and Rolanda A. Johnson, Assistant City Manager for Community
Development.
The meeting was facilitated by Lyle Sumek, Lyle Sumek Associates, Inc.
COUNCIL: The City Manager expressed appreciation to the Members of
Council for taking time out of their busy schedules to engage in a planning retreat
in order to discuss specific items that are important to the life of the City, to
reassess how the City is performing as an organization, to discuss proposed
improvements, and to engage in an exchange of ideas.
Mr. Sumek advised that 15 months ago, Council engaged in its first two day
planning retreat, another work session was held in March 2001, and the purpose
of today's retreat was to engage in a discussion as to whether Council's five year
goals which were identified approximately 15 months ago are still valid, and, if
not, what changes need to be made. He discussed the world situation and
advised that times have changed because the September 11, 2001, terrorists
attacks on America had a great impact on cities; some cities sent police and fire
personnel to assist with the situation in New York City; military reservists are
being called to active duty; neighborhoods and cities are pulling together at e
time when people are looking for educational classes about personal safety; an
economic downturn has occurred where sales tax revenues are down as much as
15 - 20 per cent; some cities are reviewing their capital projects and preparing to
bid in the spring of 2002 on major projects; and there could be potential citizen
service reductions if revenues are not collected as anticipated.
Members of Council engaged in an exercise in which they identified
various City accomplishments over the past 15 months, and also participated in
an exercise in which each responded to the following questions: What is your
vision for the City in three years? What are the City's major challenges? What
are your short term goals for the City for the next six to nine months? What
legacy do you want to leave behind?
(85dd)
At 12:15 p.m., the meeting was declared in recess for lunch.
At 1:15 p.m., the meeting reconvened and Mr. Sumek reviewed the
following goals:
Healthy Local Economy
Quality Services
Working Together As A Team
Strong Neighborhoods
Vibrant Downtown
Enhanced Environmental Quality
Council Members engaged in an exercise pertaining to each goal and
selected the top four objectives to be addressed over the next six to nine months,
the four top objectives to be addressed short term, and the four most major
objectives of the City.
There was considerable discussion with regard to improving the Council
process in order to make Council meetings more productive; whereupon, it was
the consensus of Council that the Mayor, Vice-Mayor, City Manager, City
Attorney, and City Clerk would serve as members of a committee to submit
recommendations to the full Council on improving the process for conducting
City Council meetings.
Mr. Bestpitch proposed appointment of an Urban Forestry Task Force to be
charged with the responsibility of researching actions taken by other localities
end to identify areas in the City where urban forestry efforts should be
addressed.
Following discussion, Mr. Bestpitch requested that he be permitted to
engage in further dialogue with Council at a later date.
Inasmuch as Council had not completed all of the items on the agenda, it
was the consensus of Council that the retreat would be continued until Friday,
October 19, 2001, at 2:00 p.m. (Location to be announced.)
There being no further business, the meeting was declared in recess until
Thursday, October 4, 2001, at 12:15 p.m., in Botetourt County at the Greenfield
Education and Training Center, 57 South Center Drive, Daleville, Virginia, for the
West-Central Virginia Coalition (formerly Roanoke Valley Regional Leadership
Summit).
(8See)
The regular meeting of the Roanoke City Council which convened on
Monday, October 1, 2001, at 12:15 p.m., and was declared in recess until
Wednesday, October 3, 2001, at 9:00 a.m., which meeting was further declared in
recess until Thursday, October 4, 2001, reconvened at 12:15 p.m., in Botetourt
County at the Greenfield Education and Training Center, 57 South Center Drive,
Daleville, Virginia, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, W. Alvin Hudson, Jr.,
Linda F. Wyatt and Mayor Ralph K. Smith ....................................................... 4.
ABSENT: Council Members William H. Carder, C. Nelson Harris, and
William White, Sr.- ................................................................................ 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Stephanie M.
Moon, Deputy City Clerk.
LEADERSHIP SUMMIT: The purpose of the meeting was to conduct the
Fourth West-Central Virginia Coalition (formerly the Roanoke Valley Regional
Leadership Summit), which meeting was hosted by Botetourt County.
On behalf of Botetourt County, William Loope, Vice-Chair, Botetourt County
Board of Supervisors, extended greetings.
The Invocation was delivered by David Moorman, Assistant County
Administrator, County of Botetourt.
Following lunch, the business session convened st 1:00 p.m.
Clay Goodman, Town Manager, Town of Vinton, advised that the West-
Central Virginia Coalition Summit Subcommittee has held three meetings since
the Coalition's meeting at Smith Mountain Lake; and the Summit Subcommittee
has held two meetings at the Bedford County Administration Building to discuss
expansion of the Coalition and development of a Legislative Program for the 2002
General Assembly Session.
Mr. Goodman further advised that the Coalition's Executive Subcommittee
held a meeting on Wednesday, September 12, 2001, at the Vinton War Memorial to
discuss the establishment of a regional General Assembly lobbying effort, with
representatives of the following local governments in attendance: City of
Bedford, Bedford County, Botetourt County, Town of Christisnsburg, Town of
Clifton Forge, City of Roanoke, Roanoke County, and the Town of Vinton; and the
following items are proposed to be included in the legislative program:
(85ff)
Education
Transportation
Local Government - Dillon Rule
Regional Competitiveness Program
Workforce Development
Mr. Goodman stated that it was recommended that a Local Government
Coalition Legislative Program be enacted and adopted by the Executive
Committee and the full Leadership Summit membership at its meeting on
Thursday, October 4, 2001; the Coalition's Executive Subcommittee held a
meeting on Thursday, September 13, 2001, at the Bedford County Administration
Facility, and the following three legislative initiatives were recommended for
immediate action:
Education Fundinq
State funding for education salary increases and associated benefits
costs for Fiscal Year 2001-02, should be retroactive to July 1, 2001;
and Virginia's Standards of Quality for public education should be
revised to include the following:
additional staffing positions;
facility construction and maintenance costs;
technology maintenance, upgrade and operation costs; and
debt service costs.
Regional Competitiveness Proqram
Additional State funding is sought for the upcoming budget. The
authorized language provided for the Virginia's Regional
Competitiveness Program funds to be allocated on a per capita
basis.
An additional $965,000.00 added to the appropriation will help to
partially address earlier funding actions and restore funding
allocation to an appropriate per capita share.
Transportation
Support extension of rail passenger service to the region; and
support is needed at the federal, state and local government levels.
(85gg)
He further stated that the two remaining items, Work Force Development
and relaxation of the Dillon Rule, would require additional study for possible
inclusion in an updated legislative program.
In closing, Mr. Goodman advised that the Coalition recommends adoption
of the three legislative initiatives for Education, Regional Competitiveness
Program, and Transportation as the 2002 West-Central Virginia Local Government
Legislative Program.
Dr. Harry Nickens, Member, of the Roanoke County Board of Supervisors,
moved that the three legislative initiatives for Education, Regional
Competitiveness Program, and Transportation be adopted as outlined for
consideration. The motion was seconded by Jerry Burgess, Member of the
Botetourt County Board of Supervisors and adopted.
Vice-Chair Loope distributed copy of regional cooperation highlights in
Botetourt County for informational purposes.
Linde Wyatt, Member of Roanoke City Council, submitted the following
draft resolution for adoption by the local governing bodies in support of state
funding for brain injury services.
"WHEREAS, as many as 20,000 people across Southwest Virginia
have an acquired brain injury, and
WHEREAS, brain injuries can cause a range of cognitive, physical,
behavioral, and emotional impairments that place a tremendous
burden on the survivors and their families, and
WHEREAS, services to brain injury survivors and their families,
including socialization, behavioral and cognitive retraining,
employment training, home modifications and assiative technology
equipment, recreational, and transportation services, can increase
survivors' independence and quality of life, and
WHEREAS, in the Roanoke Valley, Brain Injury Services of
Southwest Virginia helps brain injury survivors and their families
gain access to these critical services, and develop greater self-
sufficiency, and
WHEREAS, there is a shortage of these critical services across the
Commonwealth, and especially in Southwest Virginia,
(85hh)
NOW, THEREFORE, BE IT RESOLVED, that Roanoke City Council
supports the efforts of Brain Injury Services of Southwest Virginia to
serve survivors of acquired brain injury and their families, and
BE IT FURTHER RESOLVED, the Roanoke City Council encourages
the Virginia General Assembly to include financial support for
providers of brain injury services in this region of the
Commonwealth in the upcoming biennial budget."
There being no further business, the Mayor declared the meeting of
Roanoke City Council adjourned at 1:45 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
86
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 18, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Thursday,
October 18, 2001, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Re.qular Meetinqs, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris, and
Mayor Ralph K. Smith ............................................................................... 7.
ABSENT: None .............................................................................0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Carl T. Tinsley,
Pastor, First Baptist Church, Buena Vista, Virginia.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Ralph K. Smith.
COUNCIL-CITY CODE: Mr. Carder offered the following emergency
ordinance amending and reordaining Rule 7, Order of Business; hearing of
citizens and Rule 8, Petitions; communications, and applications, of §2-15 Rules
of procedure, Code of the City of Roanoke (1979) as amended; and adding a new
Rule 8 A, Hearing of Citizens on Public Matters to §2-15:
(#35602-101801) AN ORDINANCE amending and reordaining Rule 7, Order
of business; hearing of citizens, and Rule 8, Petition, communications and
applications, of §2-15, Rule of procedure, of the Code of the City of
Roanoke(1979), as amended, and adding a new Rule 8A, Hearing of citizens on
public matters, to §2-15, and providing for an emergency.
(For full text of Ordinance see Ordinance Book No. 65, page 188.)
87
Mr. Carder moved the adoption of Ordinance No. 35602-101801. The motion
was seconded by Mr. Harris.
The Mayor advised that the majority of Council believes that the above
referenced ordinance will streamline the agenda process and address the request
of citizens to engage in dialogue with Council Members. He explained that
communication with citizens and requests by citizens to speak will be heard at the
end of the Council meeting at which point RVTV coverage of the Council meeting will
be concluded.
Ordinance No. 35602-101801 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and
Mayor Smith ................................................................................................................... 7.
NAYS: None .......................................................................................................... 0.
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of October, 2001, as National Arts and Humanities Month in the City of Roanoke.
COUNCIL-ACTS OF ACKNOWLEDGEMENT-INDUSTRIES: The Mayor advised
that Roanoke Citizen, and the City of Roanoke's Quarterly Magazine, is the recipient
of the National "3CM A" ( City/County Communications and Marketing Association)
Silver Circle Award for Best Newsletter. On behalf of the Members of Council, he
commended the City Manager and the City's Public Information Officer for their
accomplishments on the City's behalf.
ACTS OF ACKNOWLEDGEMENT-COUNCIL-DECEASED PERSONS: Mr. C,~rder
offered the following resolution memorializing the late Mary C. Pickett, former
Member of Roanoke City Council:
(#35604-101801) A RESOLUTION memorializing the late Mary Chisholm
Pickett, a resident of the Roanoke Valley since 1934.
(For full text of Resolution, see Resolution Book No. 65, page 192.)
Mr. Carder moved the adoption of Resolution No. 35604-101801. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
88 -
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ................................................................................... -~.----0.
ACTS OF ACKNOWLEDGEMENT: Mr. Carder offered the following resolution
paying tribute to Allstate Insurance Company for 50 years of service in the Roanoke
Valley:
(#35603-101801) A RESOLUTION paying tribute to Allstate Insurance Company
for 50 years of service in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 65, page 191.)
Mr. Carder moved the adoption of Resolution No. 35603-101801. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and
Mayor Smith ............................................................................................. -7.
NAYS: None ~.
The Mayor presented a ceremonial copy of the resolution to Gerard F.
McDermott, Support Center Vice President, Allstate Insurance Company, and a Mill
Mountain Star paper weight.
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. The Mayor advised that there where three requests for Closed Session,
one request having been withdrawn by the City Manager.
MINUTES: Minutes of the special and regular meetings of Council held on
Tuesday, September 4, 2001, and the special and regular meetings held on Monday,
September 17, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
89
Mr. Bestpitch moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed bythe Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-COUNCIL-ARCHITECTURAL REVIEW BOARD: A communication
from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to
discuss personnel matters, specifically interviews for appointments to the
Architectural Review Board, pursuant to Section 2.2-3711(A)(1), Code of Virginia
(1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss personnel matters, specifically interviews
for appointments to the Architectural Review Board, pursuant to Section 2.2-
3711(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
90 --~
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss acquisition
of real property for a public purpose, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the City, pursuant
to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in a Closed Meeting to discuss acquisition of real property for a public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ..................................................................................... '---0.
"*"~ PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss acquisition
of real property for a public purpose, where discussion in open meeting would
adversely affect the bargaining position or negotiating strategy of the City, pursuant
to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in a Closed Meeting to discuss acquisition of real property for a public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a
meeting of the Audit Committee which was held on Monday, October 1, 2001, were
before the body.
The following items where considered by the Audit Committee:
91
FINANCIAL RELATED AUDITS: Meter Replacement
Police Department Cash Funds
Audit Findings Follow-Up
Municipal Auditing 2002 Audit Plan
Briefing on Management Assistance Work
City Market Building
Warehouse Closing
D.A.R.E. Account
Mr. Bestpitch moved that the Minutes be received and filed. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY-ROANOKE CiViC
CENTER-OATHS OF OFFICE-COMMITTEES: The following reports of qualification
were before Council:
Edward S. Colonna as a member of the New Construction Code, Board
of Appeals, for a term ending September 30, 2006;
Ben J. Fink as a Commissioner of the City of Roanoke Redevelopment
and Housing Authority for a term ending August 31, 2005; and
Robert C. Poole as a member of the Roanoke Civic Center Commission
for a term ending September 30, 2004.
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE REGIONAL CHAMBER OF COMMERCE-EMERGENCY SERVICES:
92 -
Beth Doughty, President, Roanoke Regional Chamber of Commerce, expressed
support of and commendation for cooperative public safety efforts underway
between the City of Roanoke and the County of Roanoke. She stated that never has
it been more important to recognize that safety and responsive service are the
foundations of fire and emergency medical services, and through regional
cooperation, Roanoke City and Roanoke County are ensuring that the legacy of
commitment to safety and responsiveness remains.
Without objection by Council, the Mayor advised that the remarks of Ms.
Doughty would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of the following funds, was before Council:
$8,480.00 for the Title I School Improvement program to provide funds
for Preston Park Primary, Westside Elementary, Roanoke Academy for
Mathematics and Science, and Lincoln Terrace.
$391,049.00 from the Capital Maintenance and Equipment Replacement
Fund to provide funds for instructional technology equipment, facility
maintenance equipment, physical education equipment, handicap
access, middle and high school improvements, and food service
vehicle replacement.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Hudson offered the following emergency budget ordinance:
(#35605-101801) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School and School Food Services Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 193.)
Mr. Hudson moved the adoption of Ordinance No. 35605-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
93
BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City
School Board advising that the School Board at its October 9 meeting approved a
resolution to request Council to issue General Obligation Qualified Zone Academy
Bonds (QZAB), in an aggregate principal amount not to exceed $1,100,000.00, which
funds will be used to rehabilitate, repair, and/or equip Lincoln Terrace Elementary
School, was before Council
It was further advised that QZAB initiative is a Federal program that allows
lending institutions and schools to form a mutually beneficial partnership to support
education; the program offers bonds, interest-free, and allows a bank or other
lending institution to purchase the special no-interest bond on behalf of a school;
and schools qualify based on their percentage of free lunch students.
Mr. Harris offered the following resolution:
(#35606-101801) A RESOLUTION (i) authorizing the School Board for the City
of Roanoke to rehabilitate the present school building at Lincoln Terrace Elementary
School; (ii) authorizing and directing the City Manager to file an application with the
Virginia Department of Education seeking an allocation of authority to issue the
City's general obligation qualified zone academy bonds in an amount not to exceed
$1,100,000 to finance certain renovations to Lincoln Terrace Elementary School, and
(iii) authorizing and directing publication of a notice of public hearing to be held in
connection with the proposed bond issuance.
(For full text of Resolution, see Resolution Book No. 65, page 195.)
Mr. Harris moved the adoption of Resolution No. 35606-101801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris and
Mayor Smith .................................................................................................. 7.
NAYS: None ............................................................................................ 0.
TAXES: A petition from the Boys and Girls Clubs of Roanoke Valley, Inc.,
requesting exemption from taxation of real property located at 1719 9th Street, S. E.,
in the City of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as
amended, was before Council.
Following discussion, Mr. Carder moved that the matter be referred to the City
Manager for study, report and recommendation to Council, and to schedule a public
hearing. The motion was seconded by Mr Hudson and unanimously adopted.
94
Mr. White reiterated previous requests that City staff review the status of 501
(C)(3) non-profit corporations, provide Council with a review of current properties
on the City's tax roles versus tax exempt properties, and submit a recommendation
for consideration by Council.
The Mayor spoke to the feasibility of the City making a contribution to such
organizations in lieu of supporting tax exempt status.
ELECTIONS-REGISTRAR: A communication from the General Registrar
advising that due to the "National Emergency", it has become necessary to move
Jefferson No. 2 Precinct, located at the National Guard Armory, to the Roanoke City
Schools Maintenance Building; Section 24.2-306 prohibits moving a polling place
60 days prior to an election without prior approval of the Justice Department;
however, since time constraints cannot be met, it is necessary to handle the
temporary polling place change as an emergency; and pursuant to Section 24.2-
31 OD, in the event of an emergency situation, the Electoral Board is required to find
a new location with prior approval of the State Board of Elections, was before
Council.
Mr. Harris offered the following emergency ordinance:
(#35607-101801) AN ORDINANCE temporarily changing the polling place for
Jefferson Precinct No. 2 from the National Guard Armory Building on Reserve
Avenue, S. W., to the Roanoke City Schools Maintenance Building, at 250 Reserve
Avenue, S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page197.)
Mr. Harris moved the adoption of Ordinance No. 35607-101801. The motion
was seconded by Mr. Carder.
Question was raised in regard to parking accommodations; wherupon, the
City Registrar advised that parking has been addressed along with other ADA
issues, and school employee parking is available adjacent to the building which will
be reserved for voters. She stated that a space will be designated for disabled
parking, along with appropriate signage directing voters to the school maintenance
building.
Ordinance No. 35607-101801 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
95
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY: The City Manager submitted a
communication advising that as part of its ongoing efforts to improve public housing
at the Lincoln Terrace Development, the Roanoke Redevelopment and Housing
Authority applied for and has been awarded a $15.1 million HOPE VI Revitalization
Grant from the U. S. Department of Housing and Urban Development ("HUD"); in
support of the Housing Authority HOPE VI application, the City committed to provide
up to $3 million in financial assistance from Federal and local funding sources for
(1) infrastructure costs ($2.1 million) of the Lincoln 2000/HOPE VI Project and (2)
housing rehabilitation and construction funding ($900,000.00) in the Washington
Park neighborhood (the $900,000.00 for housing assistance is being handled
through separate agreements with the Housing Authority); infrastructure funding to
be provided by the City will support improvements in public rights-of-way and
publicly dedicated easements, including but not limited to, construction and
reconstruction of streets, curbs, gutters and sidewalks and water and sewer utilities;
pursuant to Ordinance 35262-040201 and Resolution No. 35263-040201, Council
authorized execution of the original agreement dated July 1, 2000, providing
$600,000.00 from Federal and local funding sources; and Amendment No. 1 extended
the agreement period from September 30, 2001 to December 30, 2001.
It was further advised that the City will provide the Housing Authority with a
total of $2.1 million for infrastructure improvements in three yearly installments, with
the $750,000.00 covered by this letter being the second installment; funds for the
second installment have been identified in General Fund and Community
Development Block Grant ("CDBG") program funds and from Retained Earnings in
the Water Fund and Sewer Fund; and specific amounts and sources are as follows:
Source Account Name Amount
CDBG
General Fund
Sewer Fund
Water Fund
Infrastructure
Street Paving
Retained Earnings
Retained Earnings
$265,000.00
SI00,000.00
$336,000.00
$ 49,OOO.OO
96
The City Manager recommended that Council authorize the following actions:
Execution of Amendment No. 2 to the 2000 - 01 CDBG Agreement with
the Housing Authority, approved as to form by the City Attorney;
Appropriation of funds in the amount of $336,000.00 from Sewer Fund
Retained Earnings and $49,000.00 from Water Fund Retained Earnings
to accounts in each respective fund entitled, "Lincoln 2000/HOPE VI
Infrastructure", CDBG funds having been previously appropriated to
the proper account; and
Transfer $100,000.00 from Street Paving, Account No. 001-530-4120-
2010, to Transfer to Capital Projects Fund, Account No. 001-250-9310-
9508, and appropriate said funds in the Capital Projects Fund, Account
No. 008-410-9626-9003.
Mr. White offered the following emergency budget ordinance:
(#35608-101801) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, Water, Sewage Treatment, and Capital Projects Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 198.)
Mr. White moved the adoption of Ordinance No. 35608-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Carder offered the following resolution:
(#35609-101801) A RESOLUTION authorizing the appropriate City officials to
execute Amendment No. 2 to the 2000-2001 Agreement with the City of Roanoke
Redevelopment and Housing Authority, providing funding for infrastructure
improvements associated with the Lincoln 20001HOPE VI Community Revitalization
Program Project, upon certain terms and conditions, and describing the scope of
services in greater detail.
(For full text of Resolution, see Resolution Book No. 65, page 201.)
97
Mr. Carder moved the adoption of Resolution No. 35609-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member White was out of the Council Chamber.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that in 1991, the Virginia General Assembly passed State
legislation allowing local law enforcement to seize and take possession of forfeited
property connected with illegal narcotics distribution; the law also makes it possible
for Police Departments to receive proceeds from forfeited properties; application
for an equitable share of property seized by local law enforcement must be made
to the Department of Criminal Justice Services, Forfeited Asset Sharing Program,
and certified by the Chief of Police; property, including funds shared with State and
local agencies may be used only for Law Enforcement purposes; program
requirements include that funds be placed in an interest bearing account and that
interest earned be used in accordance with program guidelines; revenues collected
for the grant are recorded in Grant Fund Account Nos. 035-035-1234-7133 and 035-
035-1234-7270; and monies received in excess of estimated funding total $75,211.00.
The City Manager recommended that Council appropriate $75,211.00 to certain
Grant Fund accounts to be established by the Director of Finance, and establish
revenue estimates of $75,211.00.
Mr. Hudson offered the following emergency budget ordinance:
(#35610-101801) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 201.)
Mr. Hudson moved the adoption of Ordinance No. 35610-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member White was out of the Council Chamber.)
98
BUDGET-PARKS AND RECREATION: The City Manager submitted a
communication with regard to a project that consists of improvements to seven City
park softball/baseball fields (Huff Lane Park- Fields 1 and 2, Strauss Park, Westside
Ballfield - Field 1, Garden City Park, Norwich Park, Jackson Park and Preston Park).
She advised that after proper advertisement, one bid was received from Breakell,
Inc., in the amount of $313,749.00 for the base bids; and bid were received for the
following five additive bid items, with items 1, 2 and 4, in the amount of $48,582.00,
to be included in the project:
Additive Bid Item No. 1: Provide Baseball/Softball Field #2 at Preston
Park in the amount of $29,318.00.
Additive Bid Item No. 2: Provide concrete stairs for field access at
Preston Park in the amount of $5,591.00.
Additive Bid Item No. 4: Provide an irrigation system for new Ballfield
#2 at Huff Lane Park in the amount of $13,673.00.
It was noted that funding is available in Baseball/Softball Field Improvements,
Account No. 008-620-9737, in the amount of $255,000.00; the project will require
additional funding, in the amount of $142,000.00, from Baseball/Softball Lighting
Account No. 008-620-9736-9001; total funding required for the project is $397,000.00;
and additional funding in excess of the contract amount will be used for
miscellaneous project expenses, including advertising, printing, testing services,
minor variations in bid quantities and unforeseen project expenses.
The City Manager recommended that Council accept the bid and that she be
authorized to execute a contract with Breakell, Inc., in amount of $362,331.00
(consisting of $313,749.00 for the Base Bid, $29,318.00 for Additive Bid Item No. 1,
$5,591.00 for Additive Bid Item No. 2, and $13,673.00 for Additive Bid Item No. 4),
with 190 consecutive calendar days of contract time; and transfer $142,000.00 from
Baseball/Softball Lighting, Account No. 008-620-9736-9001, to Baseball/Softball Field
Improvements, Account No. 008-620-9737-9001.
Mr. Hudson offered the following emergency budget ordinance:
(#35611-101801) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 203.)
Mr. Hudson moved the adoption of Ordinance No. 35611-101801. The motion
was seconded by Mr. White and adopted by the following vote:
99
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Harris,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
( Vice-Mayor Carder abstained from voting due to a conflict of interest in connection
with a business relationship with Breakell, Inc.)
Mr. Harris offered the following emergency ordinance:
(#35612-101801) AN ORDINANCE accepting the bid of Breakell, Inc., for
improvements to City softball/baseball fields, upon certain terms and conditions and
awarding a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 204.)
Mr. Harris moved the adoption of Ordinance No. 35612-101801. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Harris,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Vice-Mayor Carder abstained from voting due to a conflict of interest in connection
with a business relationship with Breakell, Inc.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a communication advising that the Fifth District Employment
and Training Consortium (FDETC) administers the Federally funded Workforce
Investment Act (WIA) for the region, which encompasses the Counties of Alleghany,
Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Covington, Roanoke,
and Salem; and WIA funding is intended for two primary client populations:
dislocated workers who have been laid offfrom employment through no fault of their
own, and economically disadvantaged individuals as determined by household
income guidelines established by the U.S. Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for Consortium funding, thus, Council must appropriate funding for all grants
and other monies received by the Consortium.
100 -
It was explained that the state office of the Virginia Employment Commission
(VEC) has sent the Consortium Notice of Obligation for carry over Job Training
Partnership Act (JTPA) funds for Program Year 1999, for WIA programs; carry over
funds converted to WIA on July 1,2000, will be subject to requirements of the WIA;
funds have been held by the state office of the VEC until the Department of Labor
approved the final JTPA close out; and the following funds must be expended prior
to June 30, 2002.
Adult Programs
Youth Programs
Dislocated Worker Programs
$ 29,299.O0
43,927.00
59,398.00
Total $132,624.00
The City Manager recommended that Council appropriate Consortium funding
totaling $132,624.00 and increase the revenue estimate by $132,624.00 in accounts
to be established by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35613-101801) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 205.)
Mr. Hudson moved the adoption of Ordinance No. 35613-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
GENERAL SERVICES-PUBLIC WORKS-UTILITY LINE SERVICES-EQUIPMENT:
The City Manager submitted a communication advising that bids were requested for
rental uniform service for designated City employees in the Departments of Public
Works, General Services and Utilities; three bids were received and evaluated in a
consistent manner based on required specifications; and the lowest bid meeting bid
specifications was submitted by Aramark Uniform & Career Apparel, Inc., at a cost
of $4.68 per employee per week, or an estimated yearly cost of $119,080.88.
101
The City Manager recommended that Council authorize issuance of purchase
order(s) to Aramark Uniform & Career Apparel, Inc., for the rental of employee
uniforms for a period of one year, with the option to renew for four additional one
year periods, and reject all other bids received by the City.
Mr. Carder offered the following resolution:
(#35614-101801) A RESOLUTION accepting the bid of Aramark Uniform &
Career Apparel, Inc. for rental uniform service for designated employees of the City
upon certain terms and conditions, and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 65, page 206.)
Mr. Carder moved the adoption of Resolution No. 35614-101801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
PAY PLAN-CITY EMPLOYEES: The City Manager having submitted a
communication with regard to special military leave pay, she requested that the
matter be tabled until the next regular meeting of Council on Monday, November 5,
2001, at 2:00 p.m., in order to respond to a question raised by a Member of Council.
Mr. Harris moved that the matter be tabled until the next regular meeting of
Council on Monday, November 5, 2001, at 2:00 p.m. The motion was seconded by
Mr. Bestpitch and unanimously adopted.
CITY CODE-SPECIAL PERMITS-FEE COMPENDIUM: The City Manager
submitted a communication advising that on-street parking within many areas of the
City is shared between surrounding residential and commercial properties; due to
high parking demands and limited parking supply, some areas experience
difficulties maintaining an adequate availability of on-street parking; residents within
these areas are often times unable to park within a reasonable distance of their
home and the infiltration of commercial (office, retail and special event) parking into
these residential areas can adversely affect the character of the neighborhood;
neighborhoods most frequently affected include Gainsboro, Beechwood Gardens,
Old Southwest and certain neighborhoods in Raleigh Court; traditional parking
regulations currently contained in the City Code are limited in their ability to
adequately address these situations; development and support of mixed use village
centers is a goal within the City's recently adopted Comprehensive Plan; there*ore,
102 -
the need to adequately address parking in mixed use areas is a current and future
problem that must be addressed.
It was further advised that other cities in Virginia (Charlottesville, Richmond,
Blacksburg and others) have implemented the use of a special permit parking to
better manage such issues; permits are used to make certain exceptions for local
residents when establishing on-street parking restrictions; it is important to note
that this is a resident initiated program and has been reviewed by the Steering
Committee of the Roanoke Neighborhood Partnership; and those who wish to have
such parking restrictions will petition the City and neighborhood inputwill be sought
before designations are made.
It was explained that based on the review of other permit parking programs
within the state and consideration of the conditions within Roanoke, City staff has
prepared a recommended City Code amendment to establish a residential parking
permit provision which would allow the City Manager to establish permit parking
areas within the City; prior to such designation, on behalf of the City Manager, the
Roanoke Neighborhood Partnership will coordinate the scheduling and advertising
of at least one community meeting designed to ensure that individuals,
neighborhood groups and businesses, especially those in affected areas, are aware
of the proposal and have the opportunity to provide feedback and recommendations
on the issue; the permit parking regulations would exempt valid permit holders from
the parking restriction or prohibition as posted (for example, the restriction could
state two hour parking except by permit); an adult citizen residing in a household
that fronts the affected area may obtain permits for the household; such permits
would include two visitor passes and a permit for each vehicle registered at the
address (not to exceed a maximum of four annual permits); proposed fee for
parking permits is $5.00 annually per household and replacement permits are $1.00;
and establishment of the Residential Parking Permit Program should improve the
City's ability to better manage parking in difficult situations.
The City Manager recommended that Council authorize amendment of the City
Code by the addition of Section 2, Residential Parking Permits, to Article IV,
Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, to
establish a Residential Parking Permit Program; and amend the City's Fee
Compendium to provide for permit fees.
Mr. Harris offered the following emergency ordinance:
(#35615-101801) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new Division 2, Residential Parking Permits, to
Article IV, Sto_~_oinq, Standin.q and Parking, Chapter 20, Motor Vehicles and Traffic,
to establish a procedure for creation of a residential parking permit system,
103
amending the City's fee compendium to establish certain fees for permits; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 207.)
Mr. Harris moved the adoption of Ordinance No. 35615-101801. The motion
was seconded by Mr. Carder.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., complimented the City on
establishing the residential parking program which has been under discussion for
a number of years; however, she advised that that portion of the administrative
procedures identified as Residential Permit Parking Draft Administrative Procedures.
"Parking Study," is somewhat cumbersome and unusually harsh and should receive
further study by city staff.
Ordinance No. 34615-101801 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COMMITTEES-INDUSTRIES: Mr. Carder offered the following resolution
reappointing William L. Bova as a Director of the Industrial Development Authority
for a term ending October 20, 2005:
(#35616-101801) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
(For full text of Resolution, see Resolution Book No. 65, page 212.)
Mr. Carder moved the adoption of Resolution No. 35611-101801. The m~)'tion
was seconded by Mr. Harris and adopted by the following vote:
104 "
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Wyatt was out of the Council Chamber.)
COMMITTEES-INDUSTRIES: Mr. Harris offered the following resolution
reappointing S. Deborah Oyler as a Director of the Industrial Development Authority
for a term ending October 20, 2005:
(#35617-101801) A RESOLUTION reappointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four (4) year term on the
Board of Directors.
(For full text of Resolution, see Resolution Book No. 65, page 212.)
Mr. Harris moved the adoption of Resolution No. 35617-101801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was out of the Council Chamber)
CITY EMPLOYEES-MUNICIPAL AUDITOR: Mr. White offered the following
resolution appointing Troy A. Harmon as Municipal Auditor for the City of Roanoke,
effective October 18, 2001, for a term ending September 30, 2002:
(#35618-101801) A RESOLUTION electing and appointing Troy A. Harmen as
Municipal Auditor for the City of Roanoke, and ratifying the terms and conditions of
employment as Municipal Auditor offered to Mr. Harmon.
(For full text of Resolution, see Resolution Book No. 65, page 213.)
Mr. White moved the adoption of Resolution No. 35618-101801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
105
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Wyatt was out of the Council Chamber.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL: Council MemberWhite commended his fellow Council members on
their participation in a Planning Retreat which was held on October 3, 2001, at Apple
Ridge Farm and encouraged Council to continue to engage in similarwork sessions/
retreats.
FIRST CITIES COALITION: Vice-Mayor Carder referred to a meeting of the first
Cities Coalition which was held during the Annual conference of the Virginia
Municipal League on October 14 - 16, 2001. He advised that the Coalition is
composed of 14 cities that face similar problems in terms of State funding inequities,
and noted that meetings of the Coalition will be scheduled in the near future.
REMARKS BY THE CITY MANAGER: None.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard; and matters
requiring referral to the City Manager will be referred, without objection by Council,
for response, report and recommendation to Council.
ANIMALS/INSECTS-COMPLAINTS: Mrs. Joseph Lawson, 3151 West Ridge
Road, S. W., addressed Council with regard to the over population of deer within the
limits of the City of Roanoke, causing damage to private property. She advised that
she lives in a high traffic area of the City, there are safety issues for the deer as well
as for motorists, and requested that the City take measures to alleviate the deer over
population.
Mr. Harris stated that the City has complied data on the deer population and
associated problems and requested that Council be provided with written
information, along with procedures used by other urban areas to address deer over
population. He added that the matter is of increasing concern because the deer
population is not being controlled by the hunting season.
106
Mr. Harris moved that the matter be referred to the City Manager for report to
Council, including information regarding the City's deer population, action taken by
other urban jurisdictions to control the deer population; and recommendations on
proposed actions to be taken by the City. The motion was seconded by Mr. Hudson
and adopted.
The City Manager advised that the matter will be discussed at Council's Work
Session scheduled for Monday, October 29, 2001, at 12:15 p.m., in the Emergency
Operations Center Conference Room, Room 159.
COMPLAINTS-TRAFFIC: Ms. Amy Cosner, 4004 High Acres Road, N. W.,
addressed Council with regard to anti-abortionist protestors who frequent Peters
Creek Road, N. W., on a daily basis. She advised that the protestors walk on both
sides of Peters Creek Road with their children and signage, disrupting traffic and
disrupting motorists, all of Which represent a safety hazard to the protestors,
motorists and innocent children. She stated that such protesting is a form of
terrorism and hatred which she personally finds offensive and inquired if the
protestor have obtained an assembly permit from the City.
Without objection by Council, the Mayor advised that the remarks of Ms.
Cosner would be referred to the City Manager.
Ms. Wyatt expressed concern with regard to safety issues, especially those
relating to children; whereupon, she requested that the City Attorney address the
matter.
The City Attorney called attention to a provision in the City Code which
requires permits for various types of public assemblies; however, the provision is
inadequate and outdated and previous City Managers have directed that the Police
Department not enforce the provision. He stated that for some time, a committee
has~been working on the draft of a more practical ordinance, numerous drafts have
been prepared to date, and it is difficult to formulate an ordinance that is not overly
restrictive, yet achieves the needs of the City to insure the safety of its citizens. He
explained that a generic type of ordinance is being prepared in an effort to isolate
those things that the City has a legitimate need to regulate.
At 3:50 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 4:55 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, Mayor Smith presiding.
107
COUNCIL: With respect to the Closed Meeting just concluded, Mr. BestPitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COMMITTEES-OATHS OF OFFICE -ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the terms of office of Paula L. Prince, James
Armstrong, Charles W. Hancock, Stark H. Jones, George M. Mcmillan, Richard J.
Nichols, Henry Scholz, Fredrick M. (Rick) Williams, Barbara N. Duerk and S. Elaina
Loritts as members of the Roanoke Neighborhood Partnership Steering Committee
will expire on November 30, 2001, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Ms. Prince, Mr. Armstrong, Mr.
Hancock, Mr. Jones, Mr. McMillian, Mr. Nichols, Mr. Scholoz, and Mr. Williams.
There being no further nominations, Ms. Prince, Mr. Armstrong, Mr. Jones, Mr.
McMillan, Mr. Nichols, Mr. Scholz, and Mr. Williams were reappointed for terms
ending November 30, 2004; and Mr. Hancock was reappointed for a term ending
November 30, 2002, as members of the Roanoke Neighborhood Partnership Steering
Committee, by the following vote:
FOR MS. PRINCE, MR. ARMSTRONG, MR. HANCOCK, MR. JONES, MR.
MCMILLAN, MR. NICHOLS, MR. SCHOLZ, AND MR. WILLIAMS: Council Members
Hudson, White, Wyatt, Bestpitch, Carder, Harris and Mayor Smith ......................... 7.
COMMITTEES- HUMAN RESOURCES-OATHS OF OFFICE: The Mayor advised
that the term of office of Courtney Penn as a member of the Advisory Board of
Human Development will expire on November 30, 2001, and called for nominations
to fill the vacancy.
Mr. Harris placed in nomination the name of Courtney Penn.
There being no further nominations, Mr. Penn was reappointed as a member
of the Advisory Board of Human Development for a term ending November 30, 2005,
by the following vote:
108 -
FOR MR. PENN: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
Harris and Mayor Smith ............................................................................. 7.
COMMITTEES-HUMAN SERVICES COMMITTEE: The Mayor advised that there
is a vacancy on the Human Services Committee created by the resignation of
Katherine M. McCain and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Judy Jackson.
There being no further nomination, Ms. Jackson was appointed as a member
of the Human Services Committee for a term ending June 30, 2002, by the following
vote:
FOR MS. JACKSON: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ..................................................................... -7.
COMMITTEES- OATHS OF OFFICE- LIBRARIES: The Mayor advised that there
is a vacancy on the Roanoke Arts Commission created by the resignation of Rita D.
Bishop and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Frank J. Eastburn.
There being no further nominations, Mr. Eastburn was appointed as member
of the Roanoke Arts Commission to fill the unexpired term of Rita D. Bishop, ending
June 30, 2002, by the following vote:
~ FOR MR. EASTBURN: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ...................................................................... -7.
At 4:55p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, for a joint meeting of City Council and
the Roanoke Redevelopment and Housing Authority.
A joint meeting of the Roanoke City Council and the City of Raonoke
Redevelopment and Housing Authority was called to order on Thursday, October 18,
2001, at 5:00 p.m., in the Emergency Operations Center Conference Room, Room
159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Ralph
K. Smith and Chairman Willis M. Anderson presiding.
109
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith ............................................................................................. -7.
ABSENT: None. 0.
HOUSING AUTHORITY COMMISSIONERS PRESENT: Carolyn M. Bumbry, Ben
J. Fink, Joseph F. Lynn, Christie L. Meredith and Chairman Willis M. Anderson ..... 5.
ABSENT: H. Victor Gilchrist and James W. Burks, Jr.- ................................ -2.
HOUSING/AUTHORITY: Following dinner, the business session convened at
5:30 p.m. Chairman Anderson expressed appreciation for the opportunity to meet
with Council. He stated that the Housing Authority is approximately one-half century
old and is committed to enforcing enabling legislation adopted by the General
Assembly of Virginia. He state that over the years, the Authority has been one of the
City's most important partners; it is a political subdivision of the Commonwealth of
Virginia with many specified duties and powers, including the power to incur debt,
issue bonds in the name of the Housing Authority, exercise the power of imminent
domain, and undertake projects at the City's request and on the Housing Authority's
own initiative with Council approval. He called upon Housing Authority
Commissioners to present various project updates.
South Jefferson Redevelopment Area:
Commissioner Meredith advised that the South Jefferson Redevelopment area
is a $14 million project, and over the first three years, $14 million will be spe~.~t on
relocating businesses, demolition of buildings, acquisition of properties and
remediation of environmental issues. She stated that all of the parcels of land in the
initial site have been appraised, with purchase offers and two purchases have been
finalized; and in the Spring of 2002, Carilion Hospital will begin construction of a day
care center, a 1,000 space parking deck and a credit union. She advised that the
Housing Authority and owners of the properties met with environmental consultants
and the Department of Environmental Quality on voluntary remediation and all
property owners in the area have agreed to participate, it is hoped that the
Department of Environmental Quality will approve a voluntary remediation plan and
that all proposals will pass contamination issues, with voluntary remediation saving
in the range of $400,000.00 - $600,000.00. She displayed design themes to be used
in the South Jefferson redevelopment area.
Ms. Meredith presented an update on the Virginia Rail Passenger Station, and
the Depot Feed and Seed Store which is currently owned by Norfolk Southern
Railway and was subsequently damaged by fire earlier this year. She advised that
the Roanoke Valley Preservation Foundation would like to purchase the property for
110 -
sale to another entity, possibly the Roanoke Chapter of the National Rail Historical
Society, for development as a museum. She stated that the property is currently
assessed at $13.9 million which generates approximately $47,000.00 per year in
taxes, and once build out is complete for the entire project, the new assessment will
be $440 million, with annual real estate taxes projected to be in the range of~$4.4
million per year.
Eight Jefferson Place:
Commissioner Lynn advised that Eight Jefferson place is the first of its nature
to be undertaken; it is a $10.5 million project, involving construction of 87 market
rate units for downtown housing, consisting of one and two bedroom apartments,
and renting at approximately $1,000.00 per month. He stated that the project
provides market rate housing, it is an economic development project, financing is
in place, construction has commenced, and occupancy will occur in the summer of
2002, with the goal of renting all units within nine months of completion. He advised
that the project will aid specifically in the development of new business enterprise
for persons who are interested in downtown housing and will establish a customer
base for downtown businesses, thereby increasing the City's tax base.
Lincoln 2000:
Commissioner Bumbry advised that she is a resident of Lincoln Terrace and
as of this date, 45 new units have been rehabilitated and are currently occupied,
another four units are ahead of schedule and demolition of Lincoln 2000 is
approximately one half complete, with 69 units already razed and 76 yet to be razed.
She stated that relocation in Lincoln Terrace has progressed and no tenant had to
be displaced due to construction. She called attention to a partnership with Blue
Ridge Housing Development Corporation that constructed two houses off site on
Dunbar Street, one of which was purchased by a Lansdowne resident; and 14 new
duplex units will soon be constructed, ten of which will be fully handicap accessible
and four will be lease/purchase units. She reviewed aspects of the" Upward
MobilityThrough Public Housing" program which is administered in Lincoln Terrace
and explained that residents are encouraged to sign a contract stating that they will
participate in the program which is designed to help residents move out of p.Jblic
housing into a home of their own. She stated that 44 residents are under contract
for participation out of a total of 46 eligible participants, participants must have
incomes of $15,000.00 per year, and five Lincoln Terrace families have purchased
homes since the Lincoln 2000 program was initiated.
Ms. Troy Long, a participant in the "Upward Mobility Through Public Housing"
program advised that the program has helped to provide the necessary funds to
enable her to go back to school, and she was accepted in the Virginia Western
Community College Nursing Program. She added that, overall, the program has
111
been successful and most of the participating residents are trying to make a better
life.
What the Housing Authority Brings:
Commissioner Fink advised that the Housing Authority operates pursuant to
the Code of Virginia to develop and operate housing projects, to serve as a pe~-tner
with the City, to study areas of the City where blight might exist, to serve as the
City's agent, and to implement the City's Vision Plan. He stated that the Housing
Authority has specific authority under State Code to purchase property from private
and .public development in blighted area to be used for Iow income housing, and the
Housing Authority can make loans and grants for construction or rehabilitation of
residential, commercial, institutional or industrial properties, a prime example of
which is the Roanoke Higher Education Center. He further stated that the Housing
Authority can issue revenue bonds, such as that which was done for the Hotel
Roanoke Conference Center; the Housing Authority can borrow money to carry out
programs such as the Neighborhood Rehabilitation Loan Program; it can form
corporations, partnerships, joints ventures, trusts or any other legal entities in
order to carry out programs and projects, one of which is the Eight Jefferson Place
Project; the Housing Authority can create and implement neighborhood revitalization
programs for the City; develop residential commercial properties, purchase
properties, relocate residents, businesses, clear, sell or release property; ad~ress
difficult environmental matters and solutions to potential environmental issues, such
as the voluntary remediation program previously discussed for the South Jefferson
Street area; operate Iow income housing, create innovative opportunities for Iow
income families and obtain Federal and other funds for local programs such as the
HOPE VI Project. He advised that the Housing Authority can create partnerships,
provide mediation and facilitation, assist with real estate projects and neighborhood
needs, develop effective programs for revitalization, and coordinate implementation
of housing programs among local nonprofit housing providers so as to provide the
best leverage resources, in conjunction with a staff of professionals representing
numerous talents. He spoke in support of a Housing Authority liaison program with
City Council in order to work closer with Council and the City administration to
insure that the two entities do not work at cross purposes and that priorities are
known and understood by all. He proposed a program in which Housing Authority
Commissioners and City Council Members would meet to discuss priorites and
expectations.
Marketing Rate Housin~l Efforts:
Executive Director John Baker advised that the Housing Authority is as
interested in market rate housing as it is in all other aspects of housing in the City
of Roanoke. He stated that it is important for the Housing Authority to meet the
needs of Iow income families, but it is equally important for the health of the City to
112
provide housing diversity, and an inventory of market rate housing is necessary to
provide a healthy City for families of Iow income. He added that the Housing
Authority supports the opportunity for families to move out of public housing and
into more standard market rate housing which is the philosophy behind the Lincoln
Terrace model. He noted that the Eight Jefferson Place Project is an economic
development project as much as a housing project and offers an opportunity to
provide another type of inventory of housing when businesses are typing to attract
employees, or when the City is trying to attract new business's into the area. He
state that market rate housing is an important part of the many programs that the
Housing Authority wishes to operate by working with the City administration and
City Council to insure that both groups are proceeding in the right direction and that
the Housing Authority implements those plans and policies established by Council.
Council Member Harris, Council's liaison to the Roanoke Redevelopment and
Housing Authority, advised that he meets monthly with Mr. Baker and Mr. Anderson
for updates on pertinent projects, and requested that Council Members convey
questions or concerns on housing issues to him as Council's liaison representative
to the Housing Authority. He echoed the sentiments of Council Members that
projects highlighted by the Housing Authority are creditable, important and exciting
to the community. He addressed a concept to strengthen the relationship between
City Council and the Board of Commissioners of the Housing Authority as a result
of dialogue and input by Council Members, with the goal of transitioning to a more
effective working relationship. He stated that other avenues of cooperation could be
to expand the business breakfasts to include one additional member of City Council
and one additional member of the Housing Authority Board of Commissioners;
inasmuch as there are seven members of City Council and seven Housing Authority
Commissioners, there could be a one on one rotating relationship/partnership with
one member of the Housing Authority and one member of City Council meeting
periodically to provide each other with feedback; a more intensive type of meeting
with the Housing Authority could be held to discuss general matters and direction
which would be more indepth and free flowing than the current meeting structure,
and either annually or semi-annually the two bodies could engage in a one-half day
retreat to discuss issues of economic development, public housing, market rate
housing, etc. He stated that the above represent ideas that he would like to discuss
with his colleagues on City Council and encouraged the Housing Authority to do
likewise. He stated that the Housing Authority is moving in the right direction and
there appears to be good communication between the City Manager and her staff
and the Executive Director and his staff.
The City Manager advised that she, along with City staff, would welcome the
opportunity to present briefings to the Housing Authority on any City item of interest.
113
Ms. Wyatt encouraged the Housing Authority to investigate more ways to
occupy children during that period of time when school is dismissed until their
parents arrive home from work. .
OTHER BUSINESS: None:
There being no further business, at 6:40 p.m., the Mayor declared the CoUncil
meeting in recess until 7:00 p.m., in the City Council Chamber.
On Thursday, October 18, 2001, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith .............................................................................................. -7.
ABSENT:None ....................
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public he,aring
for Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Sherman W. Chisom that an unused, unpaved and
unimproved alleyway running in an east/west direction between 10 t/2 Street and 11t~
Street, S. E., between properties identified as Official Tax Nos. 4111317 and 4111303,
for a distance of approximately 130 feet in a westerly direction from 11th Street, be
permanently vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 28, 2001 and Friday, October 5, 2001, and The Roanoke
Tribune Thursday, October 4, 2001.
114
Evelyn S. Lander, Agent, City Planning Commission, presented a written
report of the City Planning Commission, and advised that due to an error in
describing the alley to be closed in the legal advertisement, the Planning
Commission considered the request at its meeting this afternoon. She explained
that the petitioner is requesting that a portion of the undeveloped alley be closed
because of lack of maintenance and vagrant issues; the heavily vegetated alley
extends over a steep hill between 10 1/2 and 11th Streets and the remainder of the
alley (not requested for closure at 10 t/2 Street) has been partially covered with
gravel.
She advised that the City Planning Commission recommends that Co,mcil
approve the request to vacate, discontinue and close the alley as above described.
Mr. White offered the following emergency ordinance:
(#35619-101801) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 215.)
Mr. White moved the adoption of Ordinance No. 35619-101801. The motion
was seconded by Mr. Carder.
Sherman W. Chrisom, Spokesperson, appeared before Council in support of
the request.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Ordinance No. 35619-
101801 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................ 7.
NAYS: None-----
The Mayor declared the public hearing closed.
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 Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the Times-World Corporation that a portion of Salem
1'15
Avenue, S. W., near its intersection with Second Street, being approximately five feet
wide and 35 feet long, lying on the south side of Salem Avenue, and shown on the
"Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by
Caldwell White Associates, and dated August 22, 2001, 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 Friday, September 28, 2001, and Friday, October 5, 2001, and The Roanoke
Tribune Thursday, October 4, 2001.
Evelyn S. Lander, Agent, City Planning Commission, advised that the City
Planning Commission considered the street closure request at its afternoon session
and pursuant to a vote of 7 - 0, the Planning Commission recommended approval of
the request. She explained that the City Planning Commission added a condition
that the applicant bear the cost of relocating the excising fire hydrant and traffic
signal cabinet, which is currently in the right-of-way, if it is deemed necessary and
recommended that the City sell the right-of-way at its fair market value. She referred
to four measures currently before Council: (1) an option to close the right-of-way
without additional conditions or sale of right- of-way; (2) an option to close the right-
of-way with the added condition that the fire hydrant and traffic signal cabinet be
relocated, if necessary, with sale of the right-of-way (3) an option to relocate the fire
hydrant and the signal cabinet without the sale of right-of-way and (4) an option to
relocate the fire hydrant and the signal cabinet with the sale of right-of-way.
Ms. Lander called attention to a report from the City Planning Commission
which was included in Council's agenda packet that detailed the entire request, with
the statement that the Planning Commission would consider the matter at its
afternoon session today and advise Council at its evening meeting of the Planning
Commission's recommendation.
Mr. White expressed concern that he did not have access to the written report
containing the recommendation of the City Planning Commission prior to the
Council meeting.
The City Attorney clarified that the recommendation of the City Planning
Commission is to approve the vacation of the right-of- way, thereby requiring the
applicant to purchase the right-of-way and to pay for relocating a fire hydrant and
traffic signal cabinet, if necessary.
Mr. Bestpitch offered the following ordinance:
"AN ORDINANCE permanently vacating, discontinuing and closing certain
public right-of-way in the City of Roanoke, Virginia, as more particularly described
hereinafter; and dispensing with the second reading of this ordinance."
116 -
The motion was seconded by Mr. Carder.
Daniel F. Layman, Jr., Attorney, representing the petitioner, advised that the
Times World Corporation has no objection to the provision of the ordinance as
recommended by the City Planning Commission, although project right-of-way has
been comparatively unusual in the City of Roanoke. He stated that his client is
agreeable to paying the cost of moving the utilities, however, them has been
considerable discussion between representatives of the Times World Corporation
and the City's Engineering Department that there may be some sharing of costs if
the City takes this opportunity to do certain things that are not necessarily caused
by the Times World Project, but because it is a good time to take such actions; for
example: the traffic signal control cabinet may not have to be moved because of the
Times World Project, but because the City might elect to raise the signal cabinet out
of the flood level and would chooe this opportunity to do so.
Ms. Wyatt expressed concern with not the procedure, but with the timeliness
of the procedure. She stated that she had not received the written recommendation
of the City Planning Commission in sufficient time to give the matter the thorough
attention that it deserves, therefore, she was uncomfortable in continuing with the
process and in making a decision regarding information that she had not had
sufficient time to read or understand. She added that her position has nothing to
do with whether she is for or against the Times World project, but the timeliness of
receiving information from the City Planning Commission.
· The Mayor inquired if it was critical that the matter be acted upon this evening;
whereupon, the City Manager advised that because reports were submitted and
forwarded to Council without the recommendation of the City Planning Commission,
but clearly provided all background information as to the issues, it was the belief
of City staff that with the City Planning Commission's recommendation coming forth
this evening, Council might be in a position to take action; however, if Council is not
comfortable in doing so, the petitioners and all other parties to the matter would
prefer to give Council adequate time in which to make the proper assessment. She
stated that reports were submitted on each public hearing item providing Council
with all of the background information, except the recommendation of the City
Planning Commission, prior to the Council meeting.
The Mayor inquired if there were citizens who wished to be heard; whereupon,
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, advised that
Council, the City of Roanoke and the United States of America, in response to the
terrorists attacks on New York and Washignton, D. C., on September 11,2001, have
elevated God front and center·
117
The Mayor requested that Mr. Jeffrey keep his remarks germane to the public
hearing.
Mr. Jeffrey advised that there are three public hearings on the agenda this
evening regarding The Roanoke Times and its expansion project, this being one of
those items, and proceeded to read Bible scripture; whereupon, the Mayor ruled Mr.
Jeffrey out of order inasmuch as his remarks were not germane to the topic of the
public hearing and declared a ten minute recess.
Following the recess, Vice-Mayor Carder advised that the City Plar, ning
Commission has recommended abandonment of an easement of 168 square feet at
a minimal price, it did not make sense to delay a $30 million project for a minimal
amount and encouraged Council to act on the matter as soon as possible.
Mr. White advised that under normal circumstances, he would agree with Vice-
Mayor Carder, however, since there has been confusion regarding information
before the Council, four different versions of an ordinance, and a question with
regard to sharing costs on moving utilities, he would encourage Council to delay
action on the matter until a later date.
Mr. Hudson concurred in the remarks of Council Members White and Wyatt
inasmuch as Council has not had sufficient time to study the recommendation of the
City Planning Commission.
Following discussion, Mr. Layman advised that the Times World Corpor.~tion
does not wish to be perceived as rushing through the process or placing Council
Members in an awkward situation; therefore, the Times World Corporation would be
willing to continue the matter until the next regular meeting of Council.
Ms. Wyatt requested the privilege of offering a substitute motion; whereupon,
the Mayor called upon the City Attorney for a ruling as to whether a substitute
motion was in order. The City Attorney advised that it would be appropriate to
proceed with the roll call on the ordinance.
Inasmuch as five affirmative votes are required for adoption of an ordinance
dispensing with the second reading of the title paragraph, the ordinance was lost
by the following vote:
118
AYES: Council Members Bestpitch, Carder, Harris and Mayor Smith ............ -4.
NAYS: Council Members White, Hudson and Wyatt ..................................... 3.
The Mayor declared the public hearing closed.
EASEMENTS-NEWSPAPERS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke to vacate a utility
easement across four parcels of land along Second Street, S. W., identified as
Official Tax Nos. 1011001-1011004, inclusive, in connection with the Times-World
Corporation expansion, the matter was before'the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, October 7, 2001, and The Roanoke Tribune on Thursday,
October 4, 2001.
A communication from the City Manager advising that the Times-World
Corporation, a subsidiary of Landmark Communications, Inc., has been publishing
newspapers from its present location in downtown Roanoke since 1914; a major
expansion was completed in 1984; a new production facility is proposed on property
across Second Street; a request to abandon an easement across four parcels of land
along Second Street has been received from the Times-World Corporation; the
parcels are identified as Official Tax Nos. 1011001, 1011002, 1011003, and 1011004;
the subject easement was acquired as part of the Second Street/Gainsboro Road
Project and is described as a permanent utility easement for C & P Telephone
Company of Virginia and the City of Roanoke; as successor to C & P, Verizon has
agreed to abandon its rights to the easement; and Engineering staff recommends
that the easement be vacated, was before Council.
Following the public hearing, the City Manager recommended that Council
authorize vacation of the easement.
Mr. Bestpitch offered the following ordinance:
"AN ORDINANCE authorizing the vacation of an easement on property
identified as Official Tax Map Nos. 1011001,1011002,1011003, and 1011004 adjacent
to Second Street, S. W., upon certain terms and conditions; and dispensing with the
second reading by title of this ordinance."
Mr. Bestpitch moved the adoption of the ordinance. The motion was
seconded by Mr. Carder.
119
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter; whereupon, Mr. Martin Jeffrey, 3912 Hyde
Park Drive, S. W., Roanoke County, requested a definition of the word "germane."
The Mayor responded that the word germane means to address the subject under
discussion by Council.
Mr. Jeffrey requested that Council vote no on the item inasmuch as it
represents a fundamental erosion of public trust and integrity and moves forward
on the Times World project, a project to which the City gave $500, 000.00 to a multi-
million dollar operation. He called attention to concerns about the slanting of news
relative to Roanoke City government since the decision was made and easements
were applied for; there are concerns in the community regarding the nature of the
relationship between the City of Roanoke and the Times World Corporation and what
the City of Roanoke might receive in exchange for the $500,000.00. He referred to
the concerns expressed by of Mr. Roger Roberts regarding the impact of the project
upon his property investment and that Mr. Roberts was not informed of plans of the
Times World Corporation prior to investing thousands of dollars in his property. He
stated that to grant the request of the Times World Corporation is a fundamental
erosion of public trust in the newspaper as the public voice and in Council as the
public government, because such actions send the wrong message, and encouraged
Council Members to vote no on this item and the previous item.
Ms. Wyatt offered a substitute motion that the matter be tabled. The motion
was seconded by Mr. White and lost by the following vote:
AYES: Council Members Hudson, White and Wyatt ..................................... 3.
NAYS: Council Members Bestpitch, Carder, Harris and Mayor Smith ............ -4.
Following further discussion in which it was pointed out by the City Attorney
that the ordinance, in its present form, would require five affirmative votes to pass
and if the emergency provision is deleted, the ordinance would require a second
reading by Council on November 5, 2001, and would be effective ten days following
the date of adoption.
Ms. Wyatt advised that she was supportive of the concept; however, her
concern related to the timeliness of receiving the recommendation of the City
Planning Commission and if she was forced to vote on the issue this evening, she
could not support the request. She stated that it is an issue of principle because
while there may not be an issue on this particular item, Council should not set a
precedent of acting on information that it has not had sufficient time to read and
understand.
120 -
Mr. Harris advised that written information on the matter before Council was
included in the Council agenda material which was delivered to all Members of
Council on Thursday, October 11, 2001. He stated that Council is not being held
hostage because something has changed, and petitioners are present this evening
who expect Council to act on the matter.
Ms. Wyatt responded that six documents were placed before Council after
7:00 p.m., this evening which is the information that she had not had an opportunity
to read and understand. She stated that the issue is one of appropriate and
responsible behavior as a Member of Council.
Mr. Harris advised that in the spirit of moving on with the agenda, he would
support a motion to table the item with the understanding that at the next meeting
of Council, all Members of the Council will come prepared to vote on the issue.
Mr. Harris moved that the ordinance be tabled until the next regular meeting
of Council on Monday, November 5, 2001, at 2:00 p.m. The motion was seconded by
Mr. Hudson and adopted, Mayor Smith voted no.
The Mayor declared the public hearing closed.
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke to amend Section 36.1-206,
Permitted Uses, Section 36.1-227, Permitted Uses, and Section 36.1-249, Permitted
Uses, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to
provide for commercial printing establishments including newspapers, publications
and other printed materials as permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and LM, Light Manufacturing District, of the
City of Roanoke, the matter was before the body.
· ~* Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 28, 2001 and Friday, October 5, 2001, and in The
Roanoke Tribune on Thursday, October 4, 2001.
Evelyn S. Lander, Agent, City Planning Commission, advised that a report of
the Planning Commission was included in the Council package that provided all
background information on the proposed amendment. She stated that the City
Planning Commission met this afternoon and recommends approval of the proposed
amendment by a vote of 6 - 0. She advised that David A. Bowers, Attorney,
representing Roger Roberts, spoke in opposition to the proposed amendment and
Stan Barnhill, Attorney, representing The Roanoke Times, spoke in favor; Mr.
Roger Roberts, property owner, spoke in opposition and Wendy Zamp~.relli,
121
Publisher, The Roanoke Times, responded to comments regarding the proposed
Times World Corporation expansion project. She called attention to two
communications in support of the proposed amendment, one from Downtown
Roanoke, Inc., and one from the Roanoke Regional Chamber of Commerce.
Mr. Bestpitch offered the following ordinance:
(#35620-101801) AN ORDINANCE amending and reordaining §36.1-206,
Permitted Uses, §36.1-227, Permitted Uses, and §36,1-249, Permitted Uses, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to
provide for commercial printing establishments which print newspapers,
publications and other materials, as permitted uses in the C-2, General Commercial
District, C-3, Central Business District, and the LM, Light Manufacturing District, of
the City of Roanoke, and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 218.)
Mr. Bestpitch moved the adoption of Ordinance No. 35620-101801. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter; whereupon, David A. Bowers, Attorney,
representing Roger Roberts, stated that Council is being requested to amend the
Zoning Ordinance and yet, the City Planning Commission has been directed by
Council and the City Administration to submit a complete revision to the City's entire
Zoning Ordinance. Therefore, he requested that the law be left intact and that The
Roanoke Times proceed under the City's current Zoning Ordinance. He stated that
a question has arisen as to what the proposed amendment has to do with The
Roanoke Times which leads to questions such as: why does the ordinance refer to
printing presses, why does the ordinance refer to the newspaper, why is the
publisher of the newspaper present this evening, why did the City administration
send the proposed amendment through the channels for City Planning Commission
consideration, why has there been an exchange of land between the City an~ the
newspaper, why has there been a $500,000.00 grant to the newspaper, and why was
such action taken in public session in May 2001, not in the name of The Times
World Corporation, but under another name that was not recognized. He stated that
one cannot stop progress, but one should consider the impact of progress on
people.
Mr. Roger Roberts, 121 Campbell Avenue, S. W., spoke against the proposed
Zoning Ordinance amendment. He stated that many concessions have been made
to The Roanoke Times because it threatened to move its operation out of the City.
He stated that as a property owner, he was required to abide by the Zoning
Ordinance when he purchased his property and expressed concern that Council is
122
being swayed by a $31 million project. He called attention to noise and odor from
The Roanoke Times operation as a result of diesel trucks and gates that unload
paperwhich should not be permitted in an area that allows townhouses, apartments,
schools, etc. He requested that Council vote against the request to amend the
Zoning Ordinance, and that City Council stand up for the people of the City of
Roanoke by saying no to big businesses.
John H. Kennett, Attorney, assisting David A. Bowers, Attorney, representing
Mr. Roger Roberts, advised that the purpose of the Zoning Ordinance is to protect
property; however, not only will the $31 million project damage the property of his
client, the City went about it in a manner that almost guarantees its defeat in court.
He stated that the Zoning Ordinance currently provides 39 permitted uses in the C-3
District, and it is agreed this is not one of the 39 permitted uses. He added that the
proposed amendment provides for a permitted use which will allow a manufacturing
plant to be placed in an existing building, therefore, it has been interpreted that if the
Times World Corporation constructs a new building for $30 million with a walkway
across Second Street, it then becomes an existing building for the present Times
World Corporation, which interpretation he believes the court system will over turn.
He advised that Mr. Roberts would not be adverse to the Times World Corporation
constructing a printing plant on the existing block by adding a number 40 to the 39
permitted uses, and if the Zoning Ordinance is amended accordingly, the printing
press could be located downtown on the existing block, but not across the street
from Mr. Roberts property, Mr. Roberts would then withdraw his complaint and the
City would still have the $31 million expansion project proposed by the Times World
Corporation.
D. Stan Barnhill, Attorney, representing The Times World Corporation, advised
that it is interesting to note that Mr. Bowers suggested that the action Council is
about to take is somewhat tainted by unlawfulness, while Mr. Kennett advised that
Council is precisely doing what he believes Council should be doing to address the
issue. He stated that before Council is an ordinance that will permit a use which is
currently wide spread in the inner city because not only is the Roanoke Times
located in this area, but so is Stone Printing, Virginia Lithograph, and other similar
types of businesses which are activities that are well suited for the center city and
for C-2 areas. He further stated that the Times World Corporation intends to install
an innovative printing press that does not yet exist in the United States, and one
would have to go to Canada or Europe to see the type of innovative technology that
is proposed for the Roanoke area which will enhance the value to the region of
providing a top flight newspaper that will serve the needs of the community. He
advised that in his remarks, Mr. Kennett alluded to spot zoning; however, Co[=ncil
is not being asked to change any parcel of land with any particular interest in mind,
but instead Council is requested to bring the Zoning Ordinance into compliance
with what existed prior to the 1989 amendments inasmuch as printing
establishments were permitted for a number of years in this area.
123
He stated that there will be no damage to Mr. Roberts property as a result of
permitted uses in the current C-3 district because bus stations, a stadium, and a
hospital are currently permitted uses and pursuant to the proposed amendment, a
modern printing press will be located on what is now an empty lot. He advised that
Mr. Roberts, who stated that his property rights are being violated, chose to place
his apartments in their present location when the Times World printing press was
located in close proximity to his property. He stated that the arguments before
Council are veiled attempts to hold the Times World Corporation hostage.
Wendy Zamparelli, Editor and Publishier, The Roanoke Times, advised that
the newspaper has been a part of downtown Roanoke since 1886, it is about to
celebrate its 115th anniversary, and the Times World Corporation wishes to remain
a part of downtown Roanoke. She stated that the first thing the Times World
Corporation did when it became aware that the antiquated printing press had to be
replaced was to determine whether it could be located on the parking lot adjacent
to the building; however, the reality is that printing presses have changed in the last
50 years since the Times World Corporation purchased its last printing press and
the press of today cannot be located on that same kind of footprint; therefore, it was
felt that acquiring surface parking lots and designing an innovative project to
connect the building with the existing building would enhance downtown Roanoke.
She stated that the new printing press will enable color print on every page of the
newspaper which will add to the enjoyment of readers and to the success of
advertisers in The Roanoke Times. She explained that the Times World Corporation
has worked openly throughout the project to make its intentions clear; she would
not want to be the publisher that pulled 450 employees out of downtown Roanoke
because the newspaper could not find space to locate its new facility, which would
mean that 450 people who come to the downtown Roanoke area every day to work,
shop, and transact business would no longer be in place, and she asked that it be
invisioned what the corner would look like with an empty building. She urged that
the City of Roanoke correct an omission that was made in the latter part of 1980's.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, urged that
Council either table the item or vote no. He stated that it is a moral question for City
government and asked if Council plans to continue to conduct business in this
matter which sends the wrong message to its citizens. He further stated that his
position is not against economic development or stabilizing downtown, but
economic development should be offered with accountability by everyone involved
in the process. He advised that the proposed amendment is clearly a way to
circumvent the legal challenges to the zoning request that The Roanoke Times
submitted to the Board of Zoning Appeals. He stated tht if City Council cares about
its citizens, tabling the item will not compromise a $31 million project, it should be
pointed out that the newspaper is violating at least 11 of the Code of Ethics of
Journalism in accepting funds from the City, in the zoning ordinance amendment,
124 -
and thers is a perception by citizens of bias in the coverage of Roanoke City
government by The Roanoke Times.
There being no further speakers and no further discussion by Council,
Ordinance No. 35620-101801 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, and Mayor
Smith 6.
NAYS: None
(Council Member Hudson was out of the Council Chamber.)
The Mayor declared the public hearing closed.
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City Planning Commission to amend Section 36.1-
723, Penalty for violations, Chapter 36.1, Zonin.q, Code of the City of Roanoke (1979),
as amended, to revise penalties for violations of the Zoning Ordinance, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 28, 2001, and Friday, October 5, 2001, and The Roanoke
Tribune Thursday, October 4, 2001.
A report of the City Planning Commission advising that the proposed
amendment to the Zoning Ordinance is recommended to provide the City of Roanoke
with the authority granted to localities by the state legislature by a recent
amendment to the Code of Virginia, which provides for higher criminal penalties for
violations of the Zoning Ordinance; the current code provides for a $50.00 fine for
unabated violations and a $250.00 fine if not corrected in ten days; a new code
provision would establish a fine ranging from a minimum of $10.00 to a maximum
of $1,000.00, and would provide that if the violation is not corrected within ten days,
a fine could be imposed of not less than $100.00 and not more than $1,500.00, was
before Council.
The City Planning Commission recommended that Council adopt the
proposed amendment to Section 36.1-723 of the Zoning Ordinance.
Mr. Carder offered the following ordinance:
125
(#35621-101801) AN ORDINANCE amending and reordaining §36.1-723, Penalty
for violations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, revising the penalties for violations of the zoning ordinance, and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 220.)
Mr. Carder moved the adoption of Ordinance No. 35621-101801. 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. 35621-101801
was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
The Mayor declared the public hearing closed.
CITY CODE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: Pursuant to
Resolution No. 25523 adopted bythe Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Thursday, October 18, 2001, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the City of Roa.n. oke
to amend Section 36.1-640, Appointment, membership, Division 2, Architectural
Review Board, Article VII, Administration, Chapter 36.1, Zoninq, Code of the City of
Roanoke (1979), as amended, to eliminate certain qualifications for membership on
the Architectural Review Board, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 28, 2001, and Friday, October 5, 2001, and The Roanoke
Tribune Thursday, October 4, 2001.
A report of the City Planning Commission advising that at present, members
of the Architectural Review Board are required to meet certain eligibility
requirements as set forth in the Zoning Ordinance and Section 36.1-640 provides for
the following requirements:
"All members shall have an interest, competence or knowledge in
historic preservation. At least one (1) of the members appointed shall
be selected from the membership of the city planning commission, at
least two (2) members shall be registered architects, and at least one
126 -
(1) member shall be a person who has a demonstrated knowledge of
and interest in the history of the city."
It was further advised that the proposed amendment would eliminate all of the
requirements for board membership.
Mr. Carder offered the following ordinance:
"AN ORDINANCE amending and reordaining §36.1-640, Appointment,
membership, of Division 2, Architectural Review Board, of Article VII, Administration,
of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, in
order to eliminate certain qualifications for members of the Architectural Review
Board, and dispensing with the second reading of this ordinance by title."
Mr. Carder moved the adoption of the ordinance. The motion was seconded
by Mr. Bestpitch.
Evelyn S. Lander, Agent, City Planning Commission, advised that a motion to
approve the proposed amendment failed by a vote of 0 - 5; at a meeting of the
Planning Commission which was held this afternoon; two members of the City
Planning Commission expressed concern with regard to removing the requirement
that at least two architects be appointed to the Architectural Review Board because
it was felt that the Board should include architects in order to maintain validity and
to serve the needs of the City's historic districts. She noted that other Planning
Commission members had similar concerns and requested that they be provided
with additional information regarding the reason for the proposed amendment.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter; whereupon, Mr. Robert Richert, 415 Allison
Avenue, S. W., encouraged further study of the proposed amendment. He stated that
fine tuning is needed and it is a given that members of the Architectural Review
Board should have an interest, competence and knowledge of historical
preservation, and it is hoped that future Councils would honor that provision if it
were not included in the ordinance. He stated that a representative of the City
Planning Commission may not be necessary on the Architectural Review Board
because of the level of maturity since the historic districts were instituted. He
strongly supported the need to appoint architects to the Board because it is difficult
to deal with competent professional persons who appear before the Architectural
Review Board if architects are not represented. He stated that the number of
architects specified should not be less than two because there are instances when
an architect serving on the Board must abstain from voting due to a personal
interest, and suggested that the ordinance provide, "not less than two nor more than
three architects"; and it appears that the requirement to appoint one person
knowledgeable in the history of Roanoke is redundant.
127
Robert B. Manetta, Chair, Architectural Review Board and a Member of the City
Planning Commission, advised that he serves in the dual role as a member of the
City Planning Commission and the Architectural Review Board; however, there does
not appear to be any significant value in serving in a dual function because
communications concerning Architectural Review Board and City Planning
Commission activities rarely require coordination. He spoke in support of deleting
the provision requiring the appointment of an individual with knowledge of the
history of the City, because it should be obvious that at least a majority of the Board
would have knowledge about the general history of the City of Roanoke. He also
spoke in support of a provision that would require appointment to the Board of at
least one person who is a professional in the field of historic preservation. He
stated that at least two architects are needed on the Architectural Review Board to
address Board items in a professional manner. In summary, he requested that at
least two architects and a representative with historic preservation background be
included in the Architectural Review Board.
Following further discussion, Mr. Carder offered a substitute motion that the
matter be tabled, with the recommendation that the Vice-Mayor, Council Member
Wyatt, the City Manager and the City Attorney (the committee previously appointed
by Council to study restructuring of Council appointed boards and commissions)
meet with representatives of the Architectural Review Board to further discuss the
matter and report to Council accordingly. The motion was seconded by Mr.
Bestpitch and unanimously adopted.
PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT: Pursuant to
action of Council, the City Clerk having advertised a public hearing for Thursday,
October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
consider the proposed renaming of Elmwood Park to honor the late Dr. Martin Luther
King, Jr., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 28, 2001, and Friday, October 5, 2001, and The Roanoke
Tribune Thursday, October 11, 2001.
For the benefit of the viewing audience, Council Member Harris officially
presented a compromise concept that was presented in the newspaper ~ and
discussed with Council Members. He advised that following the report of the Martin
Luther King Memorial Committee, coupled with initial public reaction and responses,
he discussed the following compromise proposal with Vice-Mayor Carder who
served as Council's liaison to the Martin Luther King Memorial Committee: i.e.:
"The "Outlook Roanoke" plan regarding downtown contains a recommendation that
Bullitt Avenue be extended to intersect with Williamson Road. Presently, Bullitt
Avenue deadends just past the library. Should Bullitt Avenue continue through to
Williamson Road, there would be a natural division of Elmwood Park. Herein lies the
128 -
compromise. On the south side of Bullitt Avenue would remain the library,
amphitheatre, and a majority of the park land. This south side could retain the
Elmwood Park name. On the north side of Bullitt Avenue would be a rectangular
park area containing the Lilly ponds and plaza and it is proposed that this area be
named to honor Dr. King."
Council Member Harris explained that the purpose of Council's public hearing
this evening is to receive responses, input, thoughts, and suggestions by citizens,
and inasmuch as this is Council's first public hearing on the issue as a Council, no
action will be taken on the recommendation at this Council session, the intent of the
public hearing being to listen to the views of citizens.
On behalf of Council, Mr. Harris invited speakers to respond to the original
recommendation of the Martin Luther King Memorial Committee which is the official
notice of the public hearing, or to respond to the compromise concept, or to offer
suggestions of their own.
The Mayor advised that 17 persons had signed up to speak and requested that
each speaker limit their remarks to three minutes.
Mr. E. Duane Howard, 508-D Walnut Avenue, S. W., presented a history of
Elmwood Park and Peyton L. Terry, who made numberous contributions to the City
of Roanoke and owned the grand estate known as Elmwood. He stated that the name
"Elmwood" is a legend and a legacy to this great man and to the City of Roanoke
and in that spirit, he requested that the public endorse and embrace the
compromise proposal that was offered by Council Member Harris.
Mr. Kermit Shriver, 18 Mountain Avenue, S. W., advised that he has rebuilt and
restored over five homes in Old Southwest, primarily between Franklin Road and
South Jefferson Street, and he considers Elmwood Park to be the cornerstone of
Historic Old Southwest, even though the guidelines for Old Southwest are at the
corner of Elm Avenue and South Jefferson Street. He stated that he is not a racist
but believes that if the citizens of the City of Roanoke desire to name something
after the late Dr. King, it should be a roadway that carriers a number rather than a
name: for example: 2nd Street, 6th Street, 10t' Street, etc. He noted that the Second
Street Bridge or the Gainsboro Library would have been ideal ways to honor Dr.
King's memory. He stated that the memorial committee should vote the conscience
of all citizens of Roanoke City and, if necessary, submit the question to voter
referendum so that citizens of Roanoke will stand united in the decision as opposed
to some persons believing that the recommendation represents some kind of secret
agenda that was planned behind closed doors to appease a special interest or
group. He added that no one questions the integrity and the greatness of Dr. King;
however, he is opposed to changing the name of Elmwood Park.
129
Mr. Hubert Brooks, 1002 Rosemary Avenue, S. E., advised that he has
witnessed Roanoke grow in all directions, but Elmwood Park has remained the same
and a part of the history of the Roanoke Valley. He read a letter signed by citizens
of the Roanoke Valley strongly opposing the renaming of Elmwood Park, advising
that to rename an existing historic landmark that dates back to 1911 would not only
dishonor settlers who once lived on the land, but would be an injustice to Dr. King;
the recommendation of the memorial committee is not in the best interest of all
Roanokers, and Elmwood Park should remain Elmwood Park in its entirety.
Ms. Lee Wallace, 1048 Hunt Avenue, N. W., spoke in support of the
recommendation of the memorial committee because Dr. King stood for unity and
togetherness. However, she stated that she could also support a revised
recommendation to name the northern part of Elmwood Park in honor of Dr. King.
Ms. Rosalie Sanchez Motley, 2835 Cove Road, N. W., recommended that
Council vote against the compromise proposal as outlined by Council Member
Harris. She stated that when she read in the newspaper that Roanoke.was
considering naming Elmwood Park in honor of Dr. King, she was proud of her
adopted City because it is appropriate that the entire park be named in memory of
Dr. King who was a Nobel Peace Prize recipient, and a leader who implemented
change without violence. She stated that there are more than just African-American
citizens who are interested in the issues because the Roanoke Valley has a growing
population of Hispanics, and Dr. King was a hero to all people of all nationalities.
She advised that Elmwood Park is used as a symbol of unity and the City's diversity
should be honored.
Ms. Sandy Artis, 1450 Lafayette Boulevard, N. W., advised that the
compromise site proposed by Council Member Harris to honor Dr. King is
inappropriate. As history leading to the recommendation of the Memorial
Committee, she advised that the citizens of Roanoke decided that a boulevard was
not the proper way to show their respect for a man who worked so hard and gave
his life to insure that the rights of others are respected; it was the decided that
something else should be suggested, so, a park was discussed, and then Elmwood
Park was suggested, but certain people decided that the entire Elmwood Park could
not be named for Dr. King, so the compromise of a walkway and a small piece of
land on the corner, including a commitment to make improvements and to construct
a monument with the extension of Bullitt Avenue to separate Elmwood Park from the
other park, was suggested. She spoke against the alternative offered by Council
Member Harris because it is not a sufficient and fitting memorial to Dr. King. She
noted that a little bit of something is not better than nothing at all.
Deborah Parsons, 802 Mississippi Avenue, N. E., spoke against remaining
Elmwood Park to honor Dr. King. She advised that she is not a racist, but believes
that Dr. King should be honored in another way.
130
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that Dr. King was a
scholar, an author, a recipient of the Nobel Peace Prize, he was among the first to
speak out against the war in Vietnam, he stood at all times in the face of all trials for
what he believed in, and he was a child of God; therefore, with pride in Dr. King and
humility before God, she requested that Council reject the compromise proposal to
have a separate and unequal area named in honor of Dr. King. She stated that the
proposed alternative gives the appearance of returning to the days of segregation
when "colored only" and "white only" signs were placed over water fountains that
were located side by side. She advised that throughout his life, Dr. King did not
compromise his beliefs and those who still walk with him in spirit will continue to
do as he did and not engage in compromise. She urged that Council reject the
compromise proposal.
Mr. George Kegley, 301 Tinker Creek Lane, N. E., Member of the Board of
Directors, History Museum and Historical Society of Western Virginia, advised that
the Board of Directors voted to endorse the compromise proposal for naming the
northern section of Elmwood Park in honor of Dr. King and retaining the name
Elmwood. He stated that the Elmwood name, which is more than 150 years old, is
an important and irreplaceable part of the history of Roanoke and the house known
as "Elmwood" stood on top of the hill for many years. He called attention to the
importance of remembering the significant name of Dr. King; therefore, the
Historical Society believes that it is appropriate for the north section of Elmwood
Park, which is a key location in downtown Roanoke, to be named in honor cf Dr.
King.
Mr. Jonathon Kuebler, 425 Fugate Road, N. E., advised that he was opposed
to both the proposal to rename Elmwood Park in honor of Dr. King and the
alternative suggested by Council Member Harris; however, if the question becomes
changing the name of Elmwood Park completely, he would support the proposed
compromise and encouraged Council Members to do likewise.
Barbara Duerk, 2607 Rosalind Avenue, S. W., Co-Chair of the Dr. Martin Luther
King, Jr. Memorial Selection Committee, advised that committee members started
their work in the fall of 2000 with no preconceived opinions on what would be an
appropriate memorial for Dr. King. She stated that the committee wanted its
decision to be responsive to public input and inclusive of all opinions, the committee
worked diligently to inform the public of the work to be done and how citizens could
be involved in the process, and the medium of television, telephone, r~dio,
community news letters, business associations, schools, churches, community
events, public forums and the Internet was used to inform the public and to solicit
citizen input.
131
She noted that over 300 suggestions were received, from Social Studies and
English students from classes at Patrick Henry High School, William Fleming High
School and North Cross Middle School, 26 e-mail suggestions were received, a
public forum was held on February 1,2000, 134 postcard suggestions were received
as a result of a article in the City Magazine, 25 suggestions were received from radio
call in shows, and numerous other suggestions were personally delivered to
members of the committee. She advised that numerous meetings where held to
bring forward a recommendation that included a multi-faceted public input process.
She stated that the following ideas were considered and researched: the Roanoke
Higher Education Center, the Roanoke Civic Center Plaza, the Higher Education
Center School of Diversity, Eureka Park, Interstate-581, the main library, the main
post office, Lee Plaza, RNDC Plaza, the Roanoke Academy for Mathematics and
Science, and Elmwood Park. She explained that the recommendation which'was
submitted was not a compromise, but a consensus, therefore, the committee
submitted only one recommendation to the City Manager which was overwhelmingly
and unanimously endorsed by the Memorial Committee. She advised that Elmwood
Park will form a nucleus for the celebration of ideas embraced by Dr. King, and Dr.
King's work as a drum major for equality, justice and non-violent solutions for civil
rights issues should be embraced by all people.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that Dr. King stood for
the American ideals of freedom, justice and opportunity for all people; he stood for
love, not hate, for understanding, not anger, for peace, not war and he stood for
community and family. She stated that he stood for the hope that the nations of the
world would cease their violent actions and demonstrate that race is not just a
dream, but a real possibility, and it would be commendable if the City of Roanoke
would honor Dr. King by establishing the proper memorial to him because his life
and legacy will be known and remembered by generations not yet born. She advised
that the proposed compromise by unequally dividing Elmwood Park is an insult to
both Dr. King and to the City of Roanoke, and the compromise proposal could be
seen as a way to divide people, which is the very concept that Dr. King worked to
erase. She stated that at all times, Dr. King gave his best and in the end, he gave
his life; whereupon, she requested that the City of Roanoke do better by Dr. King,
and urged that Council not accept the compromise proposal.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that Dr. King was for
unity and if he were alive today, he would not be pleased that citizens are fighting
over what should be named in his honor. He spoke in support of both the
committee's recommendation and the alternative proposed by Council Member
Harris, but suggested further study regarding other alternatives such as the new
stadium, amphetheater, or another location where people will come together in unity.
He requested that Council consider what is best for all citizens of the City of
Roanoke ....
132 -
Ms. Kathy Hill, 509 Arbor Avenue, S. E., advised that the recommendation of
the memorial committee will divide instead of unify the community, and it would be
an embarrassment to name a small strip of land on the side of Bullitt Avenue in
honor of such a great man. She advised that Dr. King believed in what he stood for
and it would be appropriate to name a school or a university in his memory because
his goal was to educate, to unite, and to bring people together. She stated that
naming a park in his honor is not suitable for what Dr. King stood for and believed
in.
Ms. Jennifer Pfister, 4701 Norwood Street, N. W., advised that previously, she
was in favor of the compromise proposed by Council Member Harris, but retracted
her position since it would be giving in to white racism. She advised that a Federal
and State holiday is recognized in honor of Dr. King, other southern cities have
named streets, buildings, and parks in his honor and the entire park should be
named Dr. Martin Luther King, Jr. Park. She advised that Elmwood Park has always
been named Elmwood Park, and if one believes that there should be no change in
its name, then Big Lick should never have changed its name, blacks should always
sit at the back of the bus, and women should never have been given the right to
vote.
Mr. Dan Crawford, 2022 York Road, S. W., advised that the United States was
fortunate to have had a man of Dr. King's vision, energy and commitment as a leader
in the Civil Rights movement of our country, a man with courage to lead people
marching into angry threats, and mobs, and a man who studied, taught and insisted
on non-violent political action. He stated that Dr. King and the people who worked
with him and for him can be thanked for much of the stability and domestic peace
that citizens take for granted. He noted that Roanoke would be fortunate to have its
premier downtown park named in honor of such a great man, because there is no
other place in the Roanoke Valley that hosts such diverse gatherings as Elmwood
Park. He asked that the City of Roanoke demonstrate its appreciation for this
mountain of a man and the stability that all citizens enjoy because of him and leave
a City for future generations that reflects real personal effort to overcome ignorance
and prejudice, and a City that reflects positive growth of the human spirit. He
suggested that Elmwood Park be renamed Dr. Martin Luther King, Jr. Park.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, advised that
Dr. King stood for compromise, compromise that moved all persons forward
significantly and in a way that unravels the need for dividers and promoted equality
for ali. He stated that Dr. King, as did The Reverend Noel C. Taylor, made major
contributions to the Roanoke Valley in the way they affected public policy in this
country and in the City and in the way that people respond to each other and both
of them in some ways, gave their lives to that ideal. He advised that both Dr. King
and Dr. Taylor asked only for one thing from America and from the City of Roanoke
in particular - Dr. Taylor wanted a commitment to the revitalization of Henry Street,
133
much like that which was given to the Higher Education Center, GOB South, The
Hotel Roanoke and Conference Center, and the Henry Street Garage, etc., and Dr.
King asked only for equality in the way people are governed, in the way they live,
and worship and that all persons be allowed to disagree peacefully. He stated that
Dr. King did not want his name on a building, or a park, or a street, but would have
looked with favor on a change in the way business and government is transacted.
He suggested that the City change the anti-inclusion of citizens in the governmental
process and name certain Council reforms in honor of Dr. King. He advised that
both Dr. King and Dr. Taylor, two great men, were not interested in having their
names placed on buildings or parks, but they shared in the belief that all p¢-ople
should be treated equally.
Mr. Jim Fields, Route 2, Hardy, Virginia, advised that Dr. King was not a
politician, but a minister, and naming Elmwood Park in his memory is a good
suggestion because he was a great man who believed in America and that all
persons are created equal. He called attention to the need to recognize those
persons who have made outstanding contributions to our country, and in these
difficult days, citizens should stand united and not divided.
Vice-Mayor Carder advised that the Downtown Roanoke Outlook Plan was an
inclusive report that included input from many citizens throughout the community,
and the Plan recommended that Bullitt Avenue be extended through Elmwood Park
prior to discussions regarding renaming the park to Martin Luther King, Jr. Park. He
stated that the Bullitt Avenue cut through was not contingent upon a Martin Luther
King, Jr. Park, but was a recommendation by the Downtown Outlook Roanoke-~lan
consultant prior to the recommendation of the Martin Luther King, Jr. Memorial
Committee.
The Mayor advised that it was not the intent of Council to act on the matter
this evening, but to receive input by citizens.
No other persons wishing to be heard, the Mayor declared the public hearing
closed.
OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time
as a priority for citizens to be heard; and matters requiring referral to the City
Manager will be referred immediately, without objection by Council, for response,
report or recommendation to Council.
At this point, the Mayor advised that RVTV Channel 3 coverage of the Co;:ncil
meeting would conclude.
ACTS OF ACKNOWLEDGEMENT-PARKS AND RECREATION COMPLAINTS:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed confusion in regard to the
process that was used in considering the proposal to rename Elmwood Park in
134
honor of the late Dr. Martin Luther King, Jr. She stated that it was a disservice to the
citizens of Roanoke that they were not formally briefed on the City Manager's
recommendation as a result of the recommendation of the Dr. Martin Luther King,
Jr. Memorial Committee. She required as to how Council can offer a compromise
proposal before officially receiving and voting on the recommendation of the
committee. She asked if citizens were addressing the original recommendation of
the memorial committee to name the entire Elmwood Park in honor of Dr. King, or
were citizens responding to the unofficial compromise as reported in the
newspaper. She stated that there is a perception in the community that every time
the issue of Dr. King comes up, procedures are "thrown out the window", and
requested an explanation as to the procedure followed by Council in conducting its
public hearing.
The Mayor invited Ms. Bethel to be seated; whereupon, she requested that she
be permitted to remain at the podium to engage in dialogue with Council Members,
just as Council engaged in dialogue with previous speakers at the 2:00 p.m. Council
session.
Mr. White raised a point of clarification and advised that it was his
understanding that Council would have an opportunity to engage in dialogue with
citizens under the Hearing of Citizens section of the agenda. He stated that Council
engaged in dialogue with speakers at its 2:00 p.m. session, and the same rule
should apply to speakers at the 7:00 p.m. Council session.
The Mayor advised that Council also agreed that it would not respond to every
issue. He stated that he was Chairing the meeting and Council has the power to
overrule the Chair, however, his reasoning was that the remarks of the speaker
were inappropriate inasmuch as the compromise proposal was reported in the
newspaper and over 90 minutes of remarks were heard during the public hearing.
He added that the speaker was afforded an opportunity to speak to the issue as a
part of the public hearing.
Mr. Bestpitch advised that it is the option of Council at this point in the agenda
to engage in dialogue with citizens; whereupon, he invited Ms. Bethel to return to the
podium so that he could respond to her concerns from his perspective as one
Member of Council.
Mr. Bestpitch advised that the term "compromise" is a mis nomer in this
particular situation, because the proposal as stated by Council Member Harris is not
a compromise per se, but an alternative suggestion, or another possibility which
would still meet the criteria that the Dr. Martin Luther King, Jr. Memorial Committee
established. He explained that the criteria were to choose something that is not
located in one part of the City, or associated with one particular group, but that
something be chosen to honor Dr. King that was centrally located and used by all
citizens of the City of Roanoke, and that something be chosen that is an area of
135
celebration, but not an area primarily associated with sports or entertainment. For
those reasons, he printed out that the committee wanted to recommend something
that would be a celebration and something that all citizens of the community could
support. He added that it is unfortunate that the recommendation was interpreted as
a compromise, as opposed to an alternative that does not compromise any of the
criteria and still meets the criteria that was established by the committee~., He
advised that Council Member Harris stated the recommendation of the memorial
committee at the beginning of the public hearing, as well as the alternative proposal,
and indicated that citizens were free to give Council their opinion on either of those
options, or to provide other suggestions regarding a fitting tribute to honor Dr.
King.
Ms. Wyatt advised that it is most upsetting to her as one Member of Council
that the Chair would allow citizens to engage in dialogue with Council Members at
the 2:00 p.m. meeting and that the Chair would take it upon himself to decide
whether another citizen of this community has the right to engage in dialogue with
Council on another occasion, and requested that the matter be discussed at the
continuation of Council's Planning Retreat on Friday, October 19, 2001.
Vice-Mayor Carder advised that the process was a learning experience and
commended the memorial committee for its hard work. He stated that prior ,~.n the
alternative proposal being announced in the newspaper, he met with members of the
memorial committee and others and there were expressions of excitement about the
possibility of the alternative proposal.
COMPLAINTS-PARKS AND RECREATION: Mr. Robert D. Gravely, 617 Hanover
Avenue, N. W., expressed concern with regard to a Roanoke City worker who was
recently attacked by a citizen while performing his duties as a City employee. He
referred to other alleged incidents that have threatened the personal safety of City
employees while performing their duties.
He advised that Dr. Martin Luther King, Jr., stood for peace and he
represented all people, regardless of race; therefore, racism should not be an issue
and suggested further study leading to a compromise recommendation to honor Dr.
King's memory.
COMPLAINTS-HUMAN SERVICES-COUNCIL: Mr. Chris Craft, 1501 EastGate
Avenue, N. E., expressed dissatisfaction with the actions of some Members of
Council; i.e.: spending City taxpayers' moneyto lease a building on Williamson Road
to relocate the Social Services Department when the funds could be spent on
increasing teacher salaries, equipment purchases, etc. He applauded Council for
opening the lines of communication between Council Members and citizens at the
end of the City Council meeting.
136
YOUTH.SCHOOLS-DRUGS/ALCOHOL ABUSE: Ms. Rosalie S. Motley, 2835
Cove Road, N. W., addressed Council in regard to Red Ribbon Week which will be
observed on October 25 - 31, 2001, and was established in 1985 by the Virginia
Federation of Community and Drug Free Youth. She invited the Members of Council
to attend special activities at William Fleming High School on Wednesday, October
31, which are designed to promote a drug free life style by students.
TRAFFIC-COMPLAINTS-HOSPITALS: Mr. Kermit Shriver, 18 Mountain Avenue,
S. W., expressed concern with regard to noise and safety issues as a result of
emergency vehicles entering the City from the vicinity of Troutville, Buchanan,
Daleville, etc. He requested that the City of Roanoke communicate with the above
referenced localities to determine if vehicles can exit 1-581 and access the City via
Williamson Road, proceeding through a traffic light at Albemarle Avenue to South
Jefferson Street and enter the hospital complex at the foot of the bridge.
Council Member Wyatt requested that the mater be referred to the City
Manager to communicate with the above referenced localities.
STREETS AND ALLEYS: With regard to a public hearing which was held
earlier in the meeting on a request of the Times World Corporation that a portion of
Salem Avenue, S. W., hear its intersection with second street, be permanently
vacated discontinued and closed, Mr. Harris moved for a reconsideration of the
ordinance vacating, discontinuing and closing the property. The motion was
seconded by Mr. Carder.
Mr. White raised a point of order and advised that following completion of
Item 10 on the agenda, the public was advised that Council was going off record to
hear from citizens; however, if Mr. Harris' motion is adopted, Council will again be
conducting City business; whereupon, he requested an opinion from the City
Attorney as to the legality of the motion.
The City Attorney advised that Council has adopted an order for consideration
of agenda items and Council's rules of procedure also provide that Council may
change its rules of procedure at any time upon a majority vote of Council. He stated
that the motion on the floor was appropriate.
Mr. White advised that the City Attorney's remarks were not responsive to his
question. He stated that Council established certain rules which were voted on
earlier in the meeting and one of the rules was to conduct public business; then to
discontinue television coverage of the Council meeting to allow citizens an
opportunity to speak and for Council to engage in dialogue, and it was indicated to
the public prior to discontinuation of television coverage that Council had completed
its official business. He inquired if Council could vote on Mr. Harris' motion
without resuming televison coverage of the public meeting.
137
Mr. Hudson concurred in the remarks of Mr. White in the interest of adhering
to the new guidelines established by Council:
Mr. Harris withdrew the motion and Mr. Carder withdrew his second to the
motion, with the request that Council Members will be prepared to vote on the
matter at the next regular meeting of Council on Monday, November 5, 2001, at 2:00
p.m.
At 10:50 p.m., the Mayor declared the Council meeting in recess to be
reconvened on Friday, October 19, 2001, at 2:00 p.m., on the Mezzanine of the
Roanoke Civic Center Auditorium, Williamson Road, N.W,, for a continuation of City
Council's Planning Retreat.
The regular meeting of Roanoke City Council which was convened on
Thursday, October 18, 2001, and declared in recess until Friday, October 19, 2001,
for continuation of a City Council Planning Retreat was called to order at 2:00 p.m.,
on the Mezzanine of the Lobby of the Roanoke Civic Center, 710 Williamson Road,
N. W., with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C.
Nelson Harris, Linda F. Wyatt, William White, Sr., and Mayor Ralph K. Smith ........... 6.
ABSENT: Council MemberW. Alvin Hudson, Jr.- .......................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; and Mary F. Parker, City Clerk.
OTHERS PRESENT: Rolanda Johnson, Assistant City Manager for Community
Development; and George C. Snead, Jr., Assistant City Manager for Operations.
The meeting was facilitated by Lyle Sumek, representing Lyle Sumek
Associates.
COUNCIL: There was discussion with regard to objectives for creating a
vibrant downtown and the following short term actions were identified:
Building Code: Update
Supporting second/third floor living
Civic Center Improvements:
Parking
Funding
Outlook Roanoke Plan Action Steps:
Parking Policy/Evaluate Parking Alternatives and Options
138
Traffic Flow Analysis: Future Direction
Library: Long term Plan:
Location and Resolution
Art Space (in terms of direction)
There was discussion in regard to enhanced environmental quality objectives.
The following were identified:
Clean Up River, Greenways, Gateways and Entrances - Improving the Image
of Roanoke
Improve Air Quality - Respond to Federal Requirements
Develop Effective Approach to Regional Stormwater Management and
Management Plan
Clean Up Visual Blight - "Eyesores" through Proactive Programs and Action
Plan
Clean Up "Brownfield Fields," Address through Actions, Environmental
Problems
Develop Effective Approach to Regional Waste Water Treatment
Short term actions identified for the next year are as follows:
Tourism Development
Roanoke Branding Campaign
Short Term Strategy to Deal With Economic Downturn
Upper End Housing
Fire/EMS Direction
Service Inventory
First Floor Service Enhancements
Housing Program for First Time Home Buyers
Zoning Code Update
Outlook Roanoke Plan (Action Steps)
Building Code Update
Civic Center Improvements
Library - Long Term Plan and Recommendation
Urban Forestry Task Force (Development Policy and Plan)
Storm Water Management and Plan
Litter Education and Enforcement
Roanoke River- Recreational Uses and Plan
139
The following were identified as the top four priorities:
Roanoke Branding Campaign
Upper End Housing
Tourism Development
Civic Center Improvements
There was discussion in regard to improving the Council meeting process;
whereupon, the following suggestions were offered:
Conduct public hearings on a separate Monday independent of the
first and third Monday to avoid overly long Council meetings.
No last minute documents should be placed on the Council dias or
Council chairs prior to a Council meeting. If items need to be
distributed, they should be introduced by the the appropriate
Council-Appointed Officer.
Council should be briefed on last minute agenda items at the Council
meeting.
Seating for Council Members should be rotated.
There should be no cheering, jeering or applauding during Council
meetings, except as a part of ceremonial presentations.
A method should be devised to alert the Mayor when a Member of
Council wishes to speak.
There being no further business, the Mayor declared the meeting adjourned
at 5:20 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
139(A)
WORK SESSION ........ ROANOKE CITY COUNCIL
October 29, 2001
12:15 p.m.
Pursuant to Resolution No. 35454-070201, adopted on July 2, 2001, a work
session of Roanoke City Council was called to order on Monday, October 29, 2001,
at 12:15 p.m., in the Emergency Operations Center Conference Room, Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, by
Mayor Ralph K. Smith.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris, and Mayor
Ralph K. Smith ................................................................................................. 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
HOUSING-GRANTS: The City Manager advised that the work session was
being held for City Council to discuss a number of items that either were on the
horizon orwarranted discussion at this particular time. She further advised that four
items had been previously identified, the first had to do with the selection or
designation of a neighborhood within a community for concentrated rehabilitation
and other improvements.
The City Manager called on Rolanda Johnson, Assistant City Manager for
Community Development, and staff to make the presentations.
The Assistant City Manager for Community Development advised that in
September 2001, Council made a decision to change how the City administered its
Community Development Block Grant funds; whereupon, she recognized Frank
Baratta, Budget Team Manager.
Mr. Baratta presented information that involved the recent implementation and
integration of the new HUD Funds Policy, which was adopted at the September 17,
2001 Council meeting. He advised that the Policy addresses critical needs for a
community, increases emphasis on housing, focuses on target areas, concentrates
on resources, and aims for self-sufficiency with regard to on-going programs. He
called attention to three pilot project areas that have been identified: Old Southwest,
Mountain View, and southeast Roanoke, which was discussed with the Roanoke
Neighborhood Partnership Steering Committee at its meeting on October 17, 2001.
139(B)
Mr. Baratta further advised that the City Manager would like to recommend a
pilot project site in the southeast area by July 1, 2002; the southeast project will be
a multi-activity approach that may include leveraging funds from the private/public
sector, use of City resources, and HUD funds. He reiterated that the City is seeking
direction with regard to offering the pilot project to the southeast area, having
discussed the matter with the Roanoke Neighborhood Partnership Steering
Committee, staff review indicates a sound selection, and a challenging kick-off for
implementing and integrating the HUD policy.
Council Member White inquired as to how "Christmas in April" and Housing
Design Competition sparked an early HUD policy roll-out; whereupon, Mr. Baratta
advised that "Christmas in April" approached the Assistant City Manager for
Community Development to inquire about support from the City involving the
possibility of linking two activities together; and Housing Design Competition is
trying to raise funds for design competition to create designs for affordable and non-
affordable housing.
Mr. Bestpitch stated since a positive response was received from the
Southeast Action Forum to receive support, it would be advantageous to hold
meetings with the Belmont Neighborhood organization and the Southeast Christian
Partnership. He further stated that individuals who no longer reside in the
neighborhood, but continue to attend church in the area might have an interest in
the neighborhood; and this could be an avenue to generate additional support.
ANIMALS: The City Manager introduced a briefing with regard to wildlife
management in the City of Roanoke.
Police Officer Michael Quesenberry advised that every city and county in
Virginia is faced with deer being a nuisance and destroying private property; deer
are attracted to gardens, shrubs and yard plants; and construction also has changed
where deer live today. He further advised that the Animal Control Unit consists of
80 authorized officers who respond to all animal related calls for service, provide
coverage seven days a week, with an officer assigned to emergency standby duties
after hours; animal control officers or police patrol officers respond to domestic and
wildlife calls throughout the City; last year, the Animal Control Unit responded to
5,713 calls for animal related offenses, with the majority of calls related to domestic
animals, basically cats and dogs; and approximately less than one per cent of all
animal offenses reported pertained to deer related calls.
Officer Quesenberry displayed a graph showing the percentage of wildlife
calls, versus the total number of animal related offenses, as follows:
139(C)
Wildlife and Traffic Offenses: During the past year, a total of 4,181 motor vehicle
accidents were reported in the City. The graph shows a dramatic difference in the
number of animal related accidents versus the total accident report.
Educational Materials: The literature gives citizens suggestions on how to rid
themselves of nuisance deer. Effective deer control methods, tips and hints, some
of the recommendations given to the citizens are the use of repellants, such as soap,
feather mill, blood mill, moth balls, and animal waste. Commercial chemicals
repellants include deer way, deer off, miller hot sauce, and deer buster.
Restrictin~l Deer Access: This pertains basically to fences that are made up
of slanted seven wire, woven or electrical wire. Scare devices include lotions,
sensory devices and/or silent alarms, feathered dolls.
Dr. James A. Parkhurst, Associate Professor, Wildlife Services, Virginia Tech,
and Department of Fisheries and Wildlife Services, highlighted the following points
with regard to deer habitats and their habits:
Deer are highly adaptable animals. They live in a natural environment,
which is subject to changes and seek out habitats that present a
changing environment;
Deer are extremely productive. Each doe, after its first year, throughout
most of Virginia, will produce twins annually;
Ideal conditions for deer are plenty of food, plenty of cover, no
predators, and no constraints.
In closing, Dr. Parkhurst stated that the Game Department is trying to stabilize
or reduce deer herds statewide; and the City has a very unique advantage because
it is attempting to address the deer population early on in order to be proactive
rather than reactive.
Mr. Jay Jeffries, Wildlife Biologist, advised that Urban Deer Management is
probably the single most difficult problem that wildlife resource managers face., not
only in Virginia, but nationwide; and the following cities/towns/counties are actively
engaged in an urban deer management program: Lynchburg, Fairfax, Williamsburg,
Danville, Blacksburg, Pennsylvania and Halifax; all programs implement lethal
control means for deer management, either through sharpshooters hired bythe local
governing body, hunting, trapping and killing; and the Game Department issues
several different types of permits that enables the local authority to reduce deer
numbers.
139(D)
Following the presentation, Mr. Jeffries distributed copy of the Virginia Deer
Management Plan.
The Assistant City Manager for Community Development requested Council=s
approval to create a task force consisting of City staff and citizens to study the
matter and report to Council.
Council Member White suggested that local jurisdictions in the Roanoke
Valley be contacted to discuss the matter on a regional basis.
DOWNTOWN ROANOKE, INC.- CONSULTANTS: The City Manager introduced
Barry Long, representing Urban Design Associates, to present a briefing on major
initiatives offered in the Outlook Roanoke Plan for downtown Roanoke; whereupon,
Mr. Long highlighted the following:
Elmwood Park Initiative
Revitalization of the Park - if the Library is rebuilt in the park,
consultants recommend that it be located on the high land close
to Elm Avenue; thereby opening the rest of the park to both
Jefferson Street and Bullitt Avenue.
Patrick Henry Hotel - a landmark hotel located on one corner of
Elmwood Park which is a structure well-suited for residential
use.
Carilion Hospital Property- the Biomedical Institute begins just
south of the hospital and will be integrated with Elmwood Park.
Motel Site - large enough to accommodate structured parking
and two developments. Alternatives include an office building
and a new library, two office buildings, or an apartment building
and an office building.
Heironimus Building - the former department store has high
ceilings and a large bay structure that makes it ideal for a
number of uses including: loft apartments, high tech offices and
Aaccelerator@ office space, retail uses, or public facilities such
as a Library. Its large windows provide visual access from the
street, which could create an open accessible environment for
the Library.
139(E)
E-Town Initiative
E-Square - the existing parking lot should be transformed into a
public square to serve as the center of E-Town. It should
continue to provide parking, but add pedestrian-scale amenities.
It should be designed to be a performance or festival space on
weekends when cars are removed.
E-Square Lofts - on the south side of Salem Avenue, this site is
ideal for multi-purpose buildings designed as loft buildings that
could be used for offices, live/work, or residential uses.
Warehouse Row - the buildings are well-suited for high tech
offices and are presently under consideration for adaptive re-
use.
First Street Bridge - the bridge with its symbolic significance as
a cultural link between historic Gainsboro and downtown is in
great need of repair. Without through traffic, commercial
development on Henry Street is not viable, and the role of the
bride in uniting diverse cultures will be diminished. Consultants
recommend that the proposed elevator be constructed at the
south end of the bridge to address accessibility issues, but the
bridge also continue to allow vehicular traffic.
Henry Street and the Higher Education Center - the Higher
Education Center has succeeded beyond expectations. New
office construction could be used to rebuild the urban character
of Henry Street.
The Grand Building - although this building appears to be one
building, it has several smaller buildings combined behind a
unified facade. It is an ideal location for downtown apartments.
Roanoke Times Alternative - since the design charrette, The
Roanoke Times has proposed a 54,000 square foot printing facility
to be located parallel to Salem Avenue and south of the proposed
E-Square. The Times building will replace the E-Square Lofts
Initiative.
139(F)
Mr. Hudson expressed concern about the relocation of the Library to the
Heironimus Building, citing the high volume of traffic and the lack of parking ~t the
original site; whereupon, Mr. Long stated that the matter has been addressed in
different ways under two different sites; the Heironimus Building is a one-story
building, the ABC store next door would be demolished and the site could be used
for a parking garage; and there would be some drive-in parking next to the Library.
Mr. Bestpitch raised a question concerning the issue of the north end of the
First Street Bridge where the parking garage extends outward, and how much of an
issue would it be to reestablish First Street Bridge for vehicular traffic; whereupon,
Mr. Long stated that the bridge should be used for cars, not truck traffic.
Mr. Bestpitch commented on the recommendations with regard to Elmwood
Park; there are two elements of Elmwood Park that exist today that are apparent:
(1) large, mature trees and it is important to preserve as many trees as possible;
(2) outcropping of rocks along the rise, which was naturally excavated at some point
and is a unique feature. He strongly opposed any design that would eliminato the
rocks.
Due to concerns expressed by Mr. Hudson with regard to parking in E-Square,
the City Manager suggested that a meeting be scheduled with the parking consultant
in the near future.
Mr. Bestpitch called attention to transit and parking issues, and stated that he
was in support of a shuttle down Jefferson Street, however, the shuttle should be
extended. Mr. Long stated that the shuffle must be launched at the right moment in
order to be successful, and it may be advantageous to wait until the first phase of
the Carilion Biomedical Institute has been completed.
FUTURE OF GRANDIN THEATRE: Council Member Harris called attention to
a business plan that was prepared by the Grandin Theatre Foundation relative to
acquiring, rehabilitating, and operating the Grandin Theatre. He advised th=~t in
anticipation of an announcement of the closing of the Grandin Theatre, a number of
citizens met to discuss the issue of the Grandin Theatre operating as a non-profit
community-base theatre.
Mr. Harris requested that Council consider partnering with the Grandin
Theatre Foundation, Inc., essentially in saving the Grandin Theatre; if the Grandin
Theatre is lost as a film venue, the City has lost its one venue; Grandin Road
merchants have clearly indicated that they consider the Grandin Theatre to be a key
to the economic vibrancy of the Grandin Road commercial district; and the Grandin
Theatre Foundation is seeking approximately $1.2 million, $400,000.00 for
acquisition, $800,000.00 for renovations to the inside of the Theatre and update
projection equipment.
139(G)
Council Member Harris stated that the Foundation requests a partnership with
the City of $500,000.00, with the City to consider an initial appropriation of
$100,000.00, which would allow the Foundation to begin acquiring the Theatre; and
if the Grandin Theatre Foundation cannot acquire the Theatre in a timely manner, the
owner has no other alternative but to offer the Theatre for sale.
Mr. Harris further stated that over a period of five years, the City is requested
to appropriate $80,000.00 per year, for a total of $500,000.00; in order to receive
funds from the City, the Grandin Theatre Foundation will raise an equal amount,
which will be a dollar for dollar match through private sector fundraising efforts.
The City Manager advised that she has reviewed the business plan and it
appears that the Theatre can operate without any kind of subsidy if restructured into
a non-profit entity. She further advised that any contribution by the City should
clearly indicate that operating subsidies will not be provided to the activity which is
intended to be self-sufficient, and the Foundation has agreed to make its request for
City funding over multiple years, in smaller increments. She recommended that
Council support the project as presented by Council Member Harris.
Mayor Smith expressed concern with regard to the amount of funds that the
City is being requested to subsidize; and asked if the Grandin Road Business
District was part of a special tax district. Council Member Harris responded that he
was not aware of any discussions relative to a special tax district along Grandin
Road.
Vice-Mayor Carder inquired about the purchase price of $400,000.00;
whereupon, Council Member Harris stated that the amount included the real estate,
the business equipment, etc.
Vice-Mayor Carder also inquired about the City's position in terms of
ownership; whereupon, the City Manager responded that the issue has not been
addressed, and it is not the City's intention to own or have an interest in the Grandin
Theatre.
With regard to a special tax district, the City Manager agreed to contact the
business association in the Grandin Road area.
Following further discussion and without objection by Council, the City
Manager was requested to identify the funding mechanism, to draft a proposed
agreement with the Grandin Theatre Foundation relative to funding, and to
simultaneously contact the Grandin Road Merchants Association relative to a
special tax district.
139(H)
OTHER BUSINESS:
CITY MARKET-HUMAN RESOURCES: Mr. Bestpitch expressed concern with
regard to individuals engaging in activities that are incompatible with the City's
expectations on the City Market; and advised that removal of benches would not
solve existing problems. He stated that citizens do not have benches to enjoy
because of inappropriate behavior by a certain segment of the population.
Council Member Bestpitch further advised that the focus should be on
behavior rather than removal of benches, and inquired as to whether the City should
think in terms of law enforcement responsibility by increasing police presence in
the City Market area.
Following comments by Members of Council, the City Manager advised that
a panhandling ordinance will be forwarded to Council for consideration on
November 5, 2001. She stated that a decision has not been made regarding removal
or elimination of benches, but certain trash cans in the City Market area have been
relocated.
There being no further business, the Mayor declared the meeting adjourned
at 4:35 p.m.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
140
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 5, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 5, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, William H.
Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and Mayor
Ralph K. Smith ............ 7.
ABSENT: None ~.
OFFICERS PRESENT: William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss a matter with regard to acquisition of real property for a public
purpose where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for a public purpose where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section
2.2-3711(A)(3), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
141
DIRECTOR OF FINANCE-PERSONNEL DEPARTMENT-COUNCIL: A report of
the Director of Finance requesting that Council convene in a Closed Meeting to
discuss a personnel matter with regard to the Director of Finance, pursuant to
Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Director of Finance
to convene in a Closed Meeting to discuss a personnel matter with regard to the
Director of Finance, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Bestpitch and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... 0.
At 12:23 p.m., the Mayor declared the meeting in recess.
At 12:30 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., for a joint meeting of Council and the Roanoke Civic Center
Commission.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and
Mayor Ralph K. Smith ........................................................................................ 7.
ABSENT: None. 0.
ROANOKE CIVIC CENTER COMMISSION MEMBERS PRESENT:
Thomas G. Powers, Robert C. Poole, Sandra W. Ryals and Chairman
Calvin H. Johnson ............................................................................................ -4.
ABSENT: Mark E. Feldmann and Vernon M. Danielsen ................................. 2.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; and
James M. Evans, Director, Civic Center Facilities.
ROANOKE CIVIC CENTER: The City Manager advised that several months ago,
Council held a joint meeting with the Roanoke Civic Center Commission and was
briefed on the details of a multi-faceted plan to totally renovate and expand the Civic
142
Center complex. She stated that it was recognized at that time that a program needs
to be considered over a specified period of time and as new revenue sources
become available to enable the Civic Center and its improvements to be self-funded.
She noted that Council has prioritized its needs over the next two years and called
attention to the importance of continuing with Civic Center improvements as one of
the City's major initiatives, and the first phase of improvements has been identified,
along with certain unique ways to finance improvements so as not to be a burden
to the taxpayers. She advised that potential funding sources have been proposed
to the Legislative Committee for first phase improvements, a presentation was made
to the Civic Center Commission, and it is hoped that Council will endorse the first
phase in order to move forward with the General Assembly process to secure the
necessary funding. She called on James M. Evans, Director, Department of Civic
Facilities, for a presentation on expansion and special needs at the Civic Center.
Mr. Evans advised that shortcomings of the current facility include inadequate
space for entertainment events, with limited dressing room facilities, no green room,
no private back stage, no catering area, no production and storage facilities; lack of
back of house amenities for entertainment events, with inadequate load in area and
insufficient electrical power; lack of amenities for patrons, with poorly designed and
inadequate restroom facilities, concession areas and box office, antiquated design
of seating and narrow concourses; limited seating capacity; insufficient exhibit
space, with inappropriate use of the Coliseum for fiat shows, lost business due to
limited exhibit space and scheduling difficulties during prime season; parking and
traffic deficiencies, with insufficient ingress and egress and lack of sufficient
parking; and outdated amenities in the auditorium, with back stage and front of
house limitations.
Mr. Evans pointed out that the architect's recommended components include
two 32,500 square feet Exhibit Halls, private boxes on three sides of the Coliseum,
club seats/club lounge on the south side, concourse renovation and expansion,
seating bowl-aisle closure/seat replacement, restaurant/sports bar, additional
seating (raise Coliseum roof), improved back of course amenities, auditorium
renovations, enclosure of plaza, and parking improvements.
It was explained that the Rosser International Study in October 1999 included
a $65 million expansion with the following construction plan:
Phase I -$3 million
Includes additional dressing rooms, office space and
sports equipment, with construction scheduled to begin
in May 2002.
143
Phase II - $14.9 million
Exhibit Hall and other urgently needed improvements
Future Phases
Additional Exhibit Hall, arena seat expansion, concourse
expansion, general renovation, etc.
Mr. Evans reviewed the following components of Phase I1:32,000 square feet
of open exhibit space, new kitchen facilities, new storage facilities, hockey and AF2
offices and locker rooms, relocated cooling tower, ticket office and administrative
offices, new truck dock/marshaling yard, back of house improvements to auditorium,
and marquee on Interstate 581. He reviewed artists' renderings of the Exhibit Hall,
new Box Office and Administrative Offices.
He explained that parking and traffic improvements include shared parking
with the new stadium/amphitheater, 3,000 - 3,500 total spaces, and physical
improvements to the Orange Avenue/Williamson Road intersection; Phase II funding
total project cost is $14,941,020.00 and an annual debt service requirement of
$1,250,000.00; and a recommended funding scenario is as follows:
Increase Admission Tax on Civic Center $ 460,000.00
Establish a five per cent Civic Center
Capital Improvements Fee
Sales Tax Rebate on Civic Facility payments
(requires General Assembly approval)
420,000.00
47,000.00
Net Revenues available from operations
323,000.00
TOTAL
$1,250,000.00
Mr. Evans reported on the following proposed time schedule:
Architect/Engineer Selection
Design
Documentation
Bid/Award Construction Contract
Construction
2.5 months
2.0 months
5.0 months
2.5 months
15.0 months
TOTAL 27.0 months
144
Calvin H. Johnson, Chairperson, Roanoke Civic Center Commission,
presented a resolution adopted by the Civic Center Commission on Monday,
October 31,2001, recommending the capital improvements program at the Roanoke
Civic Center and further recommending that Council take the following actions:
1. Authorize $14.9 million in improvements to the Roanoke Civic
Center, to include a 32,000 square foot Exhibit Hall and improvements
needed for the Civic Center.
2. Request legislative action to authorize the City to increase the City
Admissions Tax from five per cent to ten per cent on admissions at the
Roanoke Civic Center only.
3. Request legislative action to provide the Citywith reimbursement of
two per cent sales tax revenues generated at the Roanoke Civic Center.
4. Concur with the Commission's plan to establish a Civic Center
Capital Improvements Fee on ticket sales for Civic Center events not to
exceed five per cent of the ticket price, with such fee to be effective for
events occurring on or after July 1, 2002, and the proceeds of such fee
to be used to help fund the above improvements package.
5. Appropriate $850,000.00 for the purpose of initiating and completing
the architectural and engineering process for the above improvements
package for proposes of having the project placed out for bids.
The City Manager called attention to considerable discussion regarding the
need to keep young people in the Roanoke community and to attract more young
people to the area, because for various reasons, young persons are relocating to
other parts of the state or the country. She stated that the City has the potential to
create an identity for the City of Roanoke and the Roanoke Valley as a regional
entertainment venue as a result of the decisions that Council makes relative to the
stadium/amphitheater project and improvements to the Civic Center; and the City of
Roanoke has the ability to attract major events to the community that will allow
young people to see that the Roanoke area has something to offer by comparison
with many other communities. She advised that Roanoke's ability to attract top of
the line professionals will be determined by the type of facilities and planning that
is made toward future improvements; Roanoke is at a cross roads in terms of
deciding its future and Civic Center improvements represent a key element to future
planning. She stated that tourism material prepared by the Commonwealth of
Virginia has indicated that the 1-581/Orange Avenue Interchange is frequented by a
greater number of out of state vehicles than the 1-64 exit ramp for Busch Gardens,
which offers a great opportunity for the City of Roanoke to identify and to sell itself.
145
There was discussion with regard to funding questions, admissions taxes,
plan,s for the future of the current Exhibit Hall when new construction is completed,
the ability to solicit major events, businesses, etc., economic development benefits,
and the time frame for design funding.
Vice-Mayor Carder called attention to the feasibility of increasing the
admissions tax by ten per cent, calculating the difference between the increase and
five per cent to non-profit organizations, and increasing the City's contribution to
non-profit/cultural agencies by that difference, which would eliminate the need to
include the request in the City's Legislative Program. He offered the above as a
suggestion for Council's consideration.
The City Manager advised that consideration has been given with regard to
funding mechanisms in order to make improvements to the facility as palatable as
possible to the community as a whole, and increasing the admissions tax on the
facility that is going to benefit from improvements is a reasonable approach. She
stated that she is pessimistic about the ability to obtain funds from the General
Assembly this year, however, legislative authority for localities to make a local
choice appears to be a more successful avenue. She added that if General
Assembly authority is not successful in order to impose a higher tax at the facility,
she would recommend a City-wide admissions tax increase. In comparison to other
major cities in Virginia with such facilities, she stated that Roanoke is Iow on the
admissions tax on a city wide basis. She advised that she would not be
disappointed if Council chose to look at either a small increase in the admissions
tax on a City-wide basis, or a larger increase of up to ten per cent on a City-wide
basis as suggested by Vice-Mayor Carder, with the idea that the balance would be
used for some other purpose such as non-profit agencies or such other activities
identified by the Council.
Following further discussion, Ms. Wyatt moved that the City Manager be
requested to report to Council at its next regular meeting on Monday, November 19,
2001, with a time frame for completion of architectural design for the Roanoke Civic
Center improvements project, and that the City Manager and the City Clerk be
requested to schedule a date for Council's annual Financial Planning Session in
early 2002 to discuss funding sources. The motion was seconded by Mr. White and
adopted.
At 1:50 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber.
146 -
At 2:00 p.m., on Monday, November 5, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor Smith presiding.
PRESENT: Council Members Linda F Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and
Mayor Ralph K. Smith .......... 7.
ABSENT: None
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
Edward T. Burton, Pastor, Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
DONATIONS/CONTRIBUTIONS-ACTS OF ACKNOWLEDGEMENT-COUNCIL:
Mr. Hudson offered the following resolution formally presenting a portrait of the late
former Mayor Noel C. Taylor to his family:
(#35622-110501) A RESOLUTION concurring in the request and approving the
presentation of a portrait of the late Dr. Noel C. Taylor, former Mayor of the City of
Roanoke, to his family for display in their home.
(For full text of Resolution, see Resolution Book No. 65, page 222.)
Mr. Hudson moved the adoption of Resolution No. 35622-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
On behalf of the Members of Council and the citizens of the City of Roanoke,
the Mayor presented the portrait to Mrs. Taylor.
147
ROANOKE CIVIC CENTER-ACTS OF ACKNOWLEDGEMENT-DECEASED
PERSONS: Mr. Carder offered the following resolution:
(#35623-110501) A RESOLUTION memorializing the late Edward L. (Whitey)
Lambert, a resident of Roanoke, a former lieutenant in the City Sheriff's Department,
and member of the Roanoke Civic Center Commission.
(For full text of Resolution, see Resolution Book No. 65, Page 223.)
Mr. Carder moved the adoption of Resolution No. 35623-110501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
PROCLAMATIONS-HUMAN DEVELOPMENT: The
proclamation declaring November 11 - 17, 2001, as
Homelessness Awareness Week in the City of Roanoke.
Mayor presented a
National Hunger and
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 Closed Meetings to
discuss vacancies on various authorities, boards, commissions and committees
appointed by Council, and to discuss personnel matters, specifically interviews for
appointments to the Architectural Review Board and an appointment to the Board
of Zoning Appeals.
MINUTES: Minutes of the regular meeting of Council held on Monday,
October 1, 2001, recessed until Wednesday, October 3, 2001, and further recessed
until Thursday, October 4, 2001, were before the body.
148
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith. ------- --~--7.
NAYS: None
..- COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............... ' ............................................................................ 7.
NAYS: None ..................................................................................... -0.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters,
specifically interviews for appointments to the Architectural Review Board and an
appointment to the Board of Zoning Appeals, pursuant to Section 2.2-3711(A)(1),
Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters, specifically interviews for
appointments to the Architectural Review Board and an appointment to the Board
of Zoning Appeals, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Carder and adopted by the following
vote:
149
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ...................................................................................... -7.
NAYS: None ...................................................................................... -0.
PURCHASE/SALE OF PROPERTY-BUILDINGS/BUILDING DEPARTMENT-ARTS
MUSEUM OF WESTERN VIRGINIA-WESTERN VIRGINIA FOUNDATION FOR THE
ARTS AND SClENCES-IMAX THEATER: A communication from the City Manager
advising that pursuant to provisions of the Code of Virginia, the City of Roanoke is
required to hold a public hearing on the proposed conveyance or vacation of
property rights, was before Council. The City Manager requested that a public
hearing be advertised for Monday, November 19, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard in the City Council Chamber, in connection
with conveyance of surplus City-owned property for the Art Museum-IMAX Theatre,
described as Official Tax No. 4010205. containing 0.858 acre.
Mr. Harris moved that Council concur in the request of the City Manager to
advertise a public hearing as above described. The motion was seconded by Mr.
Ca~ler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None ......
Gl
ROANOKE ARTS COMMISSION-ROANOKE NEIGHBORHOOD PARTNERSHIP
STEERING COMMITTEE-OATHS OF OFFICE-COMMITTEES: The following report of
qualification was before Council:
Frank J. Eastburn as a member of the Roanoke Arts Commission for a
term ending June 30, 2002; and
Christine Proffitt for a term ending November 30, 2003,
George M. McMillan and Fredrick M. Williams for terms ending
November 30, 2004, as members of the Roanoke Neighborhood
Partnership Steering Committee.
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
150
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .7.
NAYS: None 0.
REGULAR AGENDA
PUBLIC HEARINGS:
BONDS-SCHOOLS: Pursuant to instructions of Council, the City Clerk having
advertised a public hearing for Monday, November 5, 2001, at 2:00 p.m., or as soon
thereafter as the matter may be heard in the City Council Chamber, on a proposed
resolution, or resolutions, approving issuance by the City of its general obligation
bonds, in an amount estimated not to exceed $1,100,000.00, for the purpose of
financing certain rehabilitations, repairs and equipment in connection with Lincoln
Terrace Elementary School, the matter was before the body.
An e-mail from George J. A. Clemo, Attorney, advising that the bond will not
be issued this year because a buyer could not be found before the November 1
deadline for application to the Virginia Department of Education for authority to
issue the Qualified Zone Academy Bond. Accordingly, he stated that there is no
need to proceed with the public hearing on the proposed issuance of the bond at the
Council meeting on Monday, November 5, 2001.
Without objection by Council, the Mayor advised that the public hearing
would be withdrawn.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A communication from Council Member William D. Bestpitch
advising that the last three pay increases which were approved by Council for the
Mayor, Vice-Mayor and Members of Roanoke City Council are as follows, was
before Council.
Ordinance No.
Effective Date
Mayor's Salary
Vice-Mayor's Salary
Council Member Salaries
29103 July 1, 1988 $15,000.00 $13,000.00 $12,000.00
30036-50790 July 1, 1990 $15,000.00 $13,000.00 $13,000.00
32980-060396 July 1, 1996 $18,000.00 $14,000.00 $14,000.00
Inasmuch as the Mayor and Members of Council have not received a pay
increase since July 1, 1996, pursuant to Sec. 15.2-1414.6, Code of Virginia (1950), as
amended, he proposed adoption by Council of an ordinance which will increase the
salary of the Mayor from $18,000.00 to $18,630.00 per annum and increase the
salaries of the Vice-Mayor and Members of City Council from $14,000.00 to
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$14,490.00 per annum for the fiscal year commencing July 1,2002. He explained that
the proposed increase for the Mayor and Council Members is commensurate with
the 3.5 per cent base pay increase which was afforded to City employees, effective
July 1, 2001.
Mr. Bestpitch offered the following ordinance:
(#35624) AN ORDINANCE establishing the annual salaries of the Mayor, Vice-
Mayor and Council Members for the fiscal year beginning July 1, 2002, and
dispensing with the second reading by title of this ordinance.
Mr. Bestpitch moved the adoption of Ordinance No. 35624. The motion was
seconded by Mr. Carder.
Mr. Bob Zimmerman, 1510 Langhorne Street, S. E., advised that when Council
Members campaigned for their positions, each person knew what the salary
structure, however during the Councilmanic election, the salary issue was not
important. He stated that this is not a good time to request a raise in view of the fact
that recent employment figures revealed that 425,000 persons are unemployed and
the nation is on the verge of a recession.
In view of inflation, the Mayor advised that Members of Council are currently
paid substantially less than they were paid several years ago. However, as Mayor
he could not accept a pay increase, and asked that the position of Mayor be deleted
from the ordinance. He stated that he would support a pay increase for Council
Members, but would prefer that Council Members complete their term of office;
and, if reelected to the position, they would then be entitled to the addition
compensation.
The City Attorney advised that upon Council's favorable action, no pay
increase would take effect until July 1, 2002, which is after the next Councilmanic
election.
Mr. Bestpitch offered a friendly amendment to the ordinance that the salary
of the Mayor remain at $18,000.00 per annum. The motion was seconded by Mr.
Carder and adopted.
Ordinance No. 35624, as amended, was adopted on first reading by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, White, and
Mayor Smith .................................................................................................. -6.
NAYS: Council Member Hudson ........... 1.
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TAXES-SPECIAL PERMITS: A petition from Unified Human Services
Transportation System, Inc., (RADAR) requesting exemption from taxation of real
property identified as Official Tax Nos. 1311221, 2410101, and 2410301 -2410306,
inclusive, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended, was
before Council.
Mr. White moved that the matter be referred to the City Manager and the City
Attorney for study, report and recommendation to Council and to schedule a public
hearing. The motion was seconded by Mr. Carder and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM-
EQUIPMENT: The City Manager submitted a communication advising that the
Capital Maintenance and Equipment Replacement Program has identified the need
to replace three refuse cab/chassis and three refuse rear loading bodies for Solid
Waste Management; whereupon, the City Manager recommended that Council
accept the bid of Magic City Motor Corporation, at a total cost of $203,787.00, for
refuse cab/chassis and the bid of Bilthuis & Associates, Inc. LLC., at a total cost of
$112,869.00, for refuse rear loading bodies, and reject all other bids received by the
City.
Mr. Hudson offered the following resolution:
(#35625-110501) A RESOLUTION accepting the bid of Magic City Motor
Corporation for the purchase of three new refuse cab/chassis and the bid of Bilthuis
& Associates, Inc., LLC for the purchase of three new refuse rear loading bodies,
upon certain terms and conditions; and rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 65, page 224.)
Mr. Hudson moved the adoption of Resolution No. 35625-110501. The motion
was seconded by Mr. Harris and adopted by the following vote:
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AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ..................................................................................... -7.
NAYS: None~ ~.
SEWERS AND STORM DRAINS-PIPE LINES/STORAGE TANKS-WATER
RESOURCES: The City Manager submitted a communication advising that bids were
received on July 1, 1999, to remove, transport and dispose of lagooned sludge by
land application; and Robinson Pipe Cleaning Company submitted the Iow bid of
$84.47 perdryton, with a minimum of 10,000 dry tons and a maximum of 12,000
dry tons.
It was further advised that in the one year contract, the City reserved the right
to extend the contract each year for a total of five years; the contract was extended
for one year, from October 1, 2000, through September 30, 2001, at a unit price of
$87.57 per dry ton due to an increase in the Consumer Price Index as allowed by the
contract; Robinson Pipe Cleaning Company has agreed to continue its 2000-01 cost
per dry ton of $87.57 for the 2001-02 contract year from October 1, 2001, to
September 30, 2002, and the City wishes to extend the contract for an additional
year; and the one year extension will be at the unit price of $87.57 per dry ton, with
a change to the amount of dry tons processed by reducing the minimum and
maximum amounts by 2,000 dry tons each.
The City Manager recommended that she be authorized to enter into a one
year extension, from October 1, 2001 through September 30, 2002, of the contract
with Robinson Pipe Cleaning Company, to remove and dispose of a minimum of
8,000 dry tons and a maximum of 10,000 dry tons of lagooned sludge from the
existing five lagoons at the Water Pollution Control Plant, at a unit price of $87.57
per dry ton ( 8,000 minimum dry tons at $700,560.00 and 10,000 maximum dry tons
at $875,700.00).
Mr. Carder offered the following emergency ordinance:
(#35626-110501) AN ORDINANCE authorizing execution of an amendment
extending for an additional term of one year a contract with Robinson Pipe Cleaning
Company 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. 65, page 225.)
Mr. Carder moved the adoption of Ordinance No. 35626-110501. The motion
was seconded by Mr. Harris and adopted by the following vote:
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AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ........ 7.
NAYS: None. 0.
SEWERS AND STORM DRAINS-BUDGET-BRIDGES-FLOOD
REDUCTION/CONTROL: The City Manager submitted a communication advising that
the Garden City area experienced extensive flooding from Garnand Branch in 1995
and, as a result, a task force of citizens and City staff developed a ten-phase
stormwater management plan for the Garden City neighborhood; and construction
plans have been completed for Phase 3 of the Garden City Stormwater Plan, which
include the following:
Armoring and widening of Garnand Branch and Gum Spring Branch as
they join at the intersection of Garden City Boulevard and Hartsook
Boulevard.
Replacing the bridge over Garden City Boulevard at Gum Spring
Branch with a larger bridge to allow greater volumes of water to flow
under it during times of heavy rains. (A detour will be built along
Garden City Boulevard to allow for two-way traffic during construction.)
It was further advised that after proper advertisement, two bids were received
by the City, with H. & S. Construction Company submitting the Iow bid in the amount
of $521,245.00 and 180 consecutive calendar days to complete the work; and funding
in the amount of $575,000.00 is needed for the project.
The City Manager recommended that Council accept the bid of H. & S.
Construction Company and that she be authorized to execute a contract, in the
amount of $521,245.00, with 180 consecutive calendar days, to construct Garden
City Phase 3 Drainage Project; transfer $575,000.00 from Public Improvement Bond
Series 1999, Account No. 008-052-9709-9176, to an account to be established by the
Director of Finance, entitled "Garden City Phase 3 Drainage Project"; and reject the
other bid received by the City.
Mr. Carder offered the following emergency budget ordinance:
(#35627-110501) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 226.)
155
Mr. Carder moved the adoption of Ordinance No. 35627-110501. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Bestpitch offered the following emergency ordinance:
(#35628-110501) AN ORDINANCE accepting the bid of H. & S. Construction
Company for armoring and widening of Garnand Branch and Gum Spring Branch as
they join at the intersection of Garden City Boulevard and Hartsook Boulevard and
replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger
bridge in connection with the Garden City Phase 3 Drainage 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. 65, page 227.)
Mr. Bestpitch moved the adoption of Ordinance No. 35628-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that the Blue Ridge Housing Development Corporation is
an established local nonprofit housing agencywhich has conducted several housing
projects assisted by the City's Community Development Block Grant (CDBG) and
HOME Investment Partnerships (HOME) funds; as part of the budgeting process for
the 2001-02 period, BRHDC applied for funding to conduct a multi-year project to be
known as "Connect Four," to construct or rehabilitate housing in all four of the City's
quadrants; Resolution No. 35319-050701 adopted by Council on May 7, 2001,
approved submission of the City's 2001-02 Consolidated Plan Annual Update to the
U. S. Department of Housing and Urban Development (HUD), which included
authorization of $363,254.00 in CDBG and HOME funds for BRHDC to undertake
phase one of the project; and Council appropriated the necessary HOME and CDBG
funding, pursuant to Budget Ordinance Nos. 35404-061801 and 35406-07D201,
respectively.
156
It was further advised that "Connect Four, Phase One" will construct and/or
rehabilitate and sell a minimum of ten homes on a site located immediately north
of Cove Road and Aspen Street, or at another mutually agreeable site or sites; all
homes will be compatible with the neighborhood in style and value; at least six of
the homes will be affordable to Iow- and moderate-income individuals through
CDBG and HOME funding previously authorized and appropriated; and in order for
the BRHDC to undertake these activities, authorization is needed by Council to
execute an agreement with the BRHDC, which does not constitute a commitment by
the City to provide future funding to the project.
The City Manager recommended that she be authorized to execute the 2001-02
CDBG/HOME Agreement with the BRHDC, to be approved as to form by the City
Attorney.
Mr. Harris offered the following resolution:
(#35629-110501) A RESOLUTION authorizing the appropriate City officials to
enter into the 2001-02 Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) Agreement with the Blue Ridge Housing
Development Corporation, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 65, page 228.)
Mr. Harris moved the adoption of Resolution No. 35629-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .............................................................................................. 7.
NAYS: None .0.
PURCHASE/SALE OF PROPERTY-DONATIONS/CONTRIBUTIONS-CITY
PROPERTY-GREENWAY SYSTEM-WESTERN VIRGINIA LAND TRUST-BICYCLISTS:
The City Manager submitted a communication advising that in 1999, the Roanoke
Valley Greenway Commission completed the first segment of the Lick Run Greenway
bicycle/pedestrian lane from the 1-581 Interchange to Valley View; the next phase
which runs from the 1-581 Interchange to Court Street has recently been completed;
the final phase will extend the greenway from Court Street to The Hotel Roanoke; the
greenway is a part of the city-wide greenway system which was identified in the
City's Comprehensive Plan, Roanoke Vision 2005, as a potential greenway corridor
and is supported by the citizens of Roanoke; and each portion is being constructed
as funds become available.
157
It was further advised that greenway property is identified by Official Tax No.
2240103 and contains 14.461 acres, which is also described as New Lot 1 on the Plat
of Survey for Shenandoah Limited Partnership Property of Roanoke Foundation for
Downtown, Inc.; and the Western Virginia Land Trust, on behalf of the Roanoke
Valley Greenway Commission, is ready to donate the property to the City.
The City Manager recommended that she be authorized to execute the
appropriate documents to accept the donation of property, in a form to be approved
by the City Attorney.
Mr. Harris offered the following emergency ordinance:
(#35630-110501) AN ORDINANCE authorizing the City Manager to execute and
attest the appropriate documents for the acquisition of all property rights necessary
for the construction of the second phase of the Lick Run Greenway, upon certain
terms and conditions; and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 65, page 229.)
Mr. Harris moved the adoption of Ordinance No. 35630-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................. --0.
PURCHASE/SALE OF PROPERTY-POLICE DEPARTMENT-
BUILDINGS/BUILDING DEPARTMENT-HUMAN DEVELOPMENT-
HOUSING/AUTHORITY: The City Manager submitted a communication advising that
the "Good Neighbor" program of the U. S. Department of Housing and Urban
Development (HUD) involves houses that have been offered for sale unsuccessfully
for six months; such property is offered to the local government for one dollar, on
condition that the property be used to further neighborhood improvement; HU~ has
offered two properties to the City; i.e.: 1224 Rorer Avenue, S. W., and 719 Dale
Avenue, S. E., and is anxious to close on the sale.
It was further advised that the Rorer Avenue building is a large duplex, which
has been vacant for several years and requires major rehabilitation, estimated to
cost $100,000.00-120,000.00; the Dale Avenue property is a single-family building
needing moderate renovation (estimated $30,000.00);
158
plans call for both properties to be transferred to Blue Ridge Housing Development
Corporation (BRHDC) after the City acquires the properties, and for BRHDC to
renovate the properties for reuse; both apartments in the Rorer Avenue property will
be offered to police officers at dramatically reduced rents as a recruiting inducement
for new recruits and to benefit an older neighborhood through the presence of
positive role models; and the Dale Avenue structure will be repaired and marketed
for sale initially to police officers and school teachers before the general public.
It was explained that authority is needed to acquire the two properties from
HUD; and at a later date, after the required review process and public hearing,
Council will be requested to consider a modification to the Consolidated Plan to
provide loan financing to BRHDC for the renovation of 1224 Rorer Avenue, S. W., and
to convey both properties to the Blue Ridge Housing Development Corporation.
The City Manager recommended that she be authorized to purchase from
HUD, on behalf of the City, those properties located at 1224 Rorer Avenue, S. W.,
and 719 Dale Avenue, S. E., for the sum of one dollar each, plus additional costs
associated with the purchase, estimated to be approximately $300.00 each, as
approved by the City Attorney.
Mr. Harris offered the following emergency ordinance:
(#35631-110501) AN ORDINANCE authorizing the City Manager to execute and
attest the appropriate documents for the acquisition of certain properties from the
U. S. Department of Housing and Urban Development for community development
and neighborhood revitalization; upon certain terms and conditions; and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 230.)
.~ Mr. Harris moved the adoption of Ordinance No. 35631-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ...... -7.
NAYS: None 0.
COMMITTEES-COMMUNITY CORRECTIONS RESOURCES BOARD: The City
Manager submitted a communication advising that the General Assembly amended
state law, effective October 1, 2001, regarding the Regional Community Criminal
Justice Board; maximum size of the Board has been reduced from 25 to 20
members, and pertinent statutes have been recodified from §53.1-180, et seq. to
159
§9.1-173, et. seq.; this multi-jurisdictional Board manages local pretrial services or
community-based probation programs; no local funding is required as a condition
of the City of Roanoke's participation; and the City of Salem serves as the program's
fiscal agent.
It was further advised that each participating locality is to reconstitute the
Board and, generally, reappoint current members; and the current Board is changed
only in that two previously appointed members from other jurisdictions will no
longer serve, and seven persons have been added to the Board from other
jurisdictions.
The City Manager recommended that Council adopt a resolution to implement
statutory changes and to reconstitute the Board with appointments as set forth in
the resolution.
Mr. Hudson offered the following resolution:
(#35632-110501) A RESOLUTION of the Council of the City of Roanoke,
establishing, by joint action of the Boards of Supervisors of the Counties of
Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils
of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem, the
membership of the Court-Community Corrections Regional Community Criminal
Justice Board to serve the region composed of those Counties and Cities.
(For full text of Resolution, see Resolution Book No. 65, page 231.)
Mr. Hudson moved the adoption of Resolution No. 35632-110501. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... .-----7.
NAYS: None ......................................................................... -0.
CITY CODE-SOLICITATION/PANHANDLING: The City Manager submitted a
communication advising that in the past few months, several community meetings
have been held which addressed the issue of on-going panhandling in all areas of
the City; meeting's were attended by representatives of Downtown Roanoke, Inc.,
several community-social service agencies, and law enforcement personnel;
panhandling (soliciting) is presently addressed in Section 21-44: Solicitations and
sales; prohibited acts, Code of the City of Roanoke (1979), as amended; and
panhandling is considered a Class 3 misdemeanor, which means the panhandler
receives no jail time and only has to pay a "fine".
160
It was further advised that it was apparent to persons attending the meetings
that the City needs to implement more enforcement possibilities for panhandling and
that the degree of punishment for panhandling be more severe, thus, deterring those
involved in criminal panhandling; meeting participants proposed that the City Code
addressing "panhandling" be expanded to determine prohibited conduct; ,the
ordinance, for example, prohibits panhandling and the solicitation of goods and
services in an aggressive manner, prohibits panhandling and soliciting sales of
goods and services within 15 feet of a bank entrance or exit, and prohibits
solicitation from anyone who is in a motor vehicle in traffic on a public street; the
ordinance further clarifies that solicitation will not be permitted in any street, on any
median, or while in or on ramps or exit ramps; and with the proposed revision to the
present City Code, panhandling can be considered a Class 2 misdemeanor which
may be punishable by jail time versus a "fine".
The City Manager recommended that Council repeal Section 21-44,
Solicitations and sales; prohibited acts of the Code of the City of Roanoke (1979),
as amended, to be replaced by Section 21-44.1, Aggressive Solicitation and Sales;
Definitions; Prohibited, Acts and Penalties, which allows the City Code to be more
specific as to what conduct is prohibited and providing for a Class 2 misdemeanor.
Mr. Carder offered the following emergency ordinance:
(#35633-110501) AN ORDINANCE amending Article I, In General, of Chapter 21,
Offenses - Miscellaneous, of the Code of the City of Roanoke, (1979), as amended,
by REPEALING §21-44, Solicitations and sales; prohibited acts; by adding new §21-
44.1, entitled A~l~lressive Solicitations and Sales; Definitions; Prohibited Acts and
Penalties; and providing for an emergency.
Mr. Carder moved the adoption of Ordinance No. 35633-110501. The motion
was seconded by Mr. Harris.
Vice-Mayor Carder inquired about panhandling in the area of ATM machines;
whereupon, the City Attorney advised that an earlier draft of the ordinance made
panhandling illegal within 15 feet of an ATM machine; however, questions were
raised since the proposed language could have an impact on market stalls that are
located in close-proximity to the ATM machine on the City Market. He stated that
following further consideration, a provision was added to the proposed measure that
will prohibit panhandling within 15 feet of ATM machines; whereupon, a revised
measure was presented which adds the definition of ATM machines and prohibits
panhandling within 15 feet of an ATM machine.
161
Mr. Bestpitch expressed concern with regard to the ordinance as a whole. He
stated that the majority of those persons who are creating problems are those
individuals with a history of substance abuse, mental illness or both, and
incarceration for this group of citizens may not have the same deterrent effect. He
called attention to continuing problems with deinstitutionalization by large state
institutions related to substance abuse and mental illness, with the promise of
increased community based services to meet the needs of this segment of the
population, but without State funding to provide the needed community based
services. He stated that although he does not favor panhandling, there is a need to
provide more resources, such as law enforcement officers and additional members
to the City's Homeless Assistance Team. He expressed concern that not enough
effort has been made by the City to insist that the State assume its responsibility of
providing the services that are needed to address the root causes of the probiem.
Mr. Bestpitch advised that another area of concern pertains to soliciting
donations while standing on or going into any street or highway, including medians,
on ramps and exit ramps, and spoke in support of a provision that non-profit
organizations would be required to apply for and receive a permit to solicit for bona
fide donations to a recognized charitable endeavor.
Mr. Carder moved that Ordinance No. 35633-110501 be amended to include
provisions with regard to panhandling in the vicinity of ATM machines. The motion
was seconded by Mr. Harris and adopted.
Ordinance No. 35633-110501, as amended, was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ..................................................................................... -7.
NAYS: None-
POLICE DEPARTMENT-CITY CODE-ANIMALS/INSECTS-CIRCUIT COURT-FEE
COMPENDIUM: The City Manager submitted a communication advising that there are
two fees set forth in the City's Fee Compendium in need of revision; i.e.: a change
in the fee for the boarding of animals on their first day of impoundment at the
Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. (SPCA), and a
change in the fee for background investigation of an applicant for "Conservator of
the Peace"; per the City's Fee Compendium, the SPCA should charge $4.00 for the
first day of boarding fees for impounded domestic animals, and every day thereafter,
the fee is established at $8.75 per day; however, the SPCA has been charging $8.75
for every day of impoundment, and is of the opinion that the daily fee is necessary
for expenses incurred in boarding a domestic animal; and the Fee Compendium did
not set forth a "first day" boarding fee which is consistent with actual CPCA
expenditures.
162 -
It was further advised that a conservator of the peace provides security of
property and tranquility; to become a conservator of the peace, an individual must
apply through the Circuit Court, which then orders the local law enforcement agency
to investigate the background and character of the applicant; a Circuit Court Judge
of any county or city, in his/her discretion, may appoint one or more special
conservators of the peace who shall serve as such for such length of time as the
court may designate, but not exceeding four years under any one appointment; prior
to granting an application for appointment, the Circuit Court shall order the local
law-enforcement agency to conduct a background investigation, in accordance with
Section 15.2.1705 (ii), Code of Virginia, of the prospective appointee and to file a
report of such investigation with the Court unless the prospective appointee is a
police officer as defined in Section 9.1-101 of the State Code; Section 19.2-13, Code
of Virginia, states that "the local law-enforcement agency may charge the
prospective appointee a reasonable fee not to exceed the lesser of the actual cost
to the local law-enforcement agency, or $300.00 for the time and costs expended in
preparing the investigative report"; however, the City of Roanokes currently adopted
fee for a background investigation conducted on applicants for "Conservator of the
Peace" is $250.00.
The City Manager recommended that Council establish the City of Roanoke's
fee for the daily boarding of an impounded domestic animal at $8.75 per day; and
further establish the City of Roanoke's fee for the background investigation of an
applicant for "Conservator of the Peace" at the lesser of the actual cost, or $300.00
as permitted by Section 19.2-13, Code of Virginia (1950), as amended.
Mr. Bestpitch offered the following resolution:
(#35634-110501) A RESOLUTION amending the City's Fee Compendium to
reflect the correct service charge made to animal owners for daily boarding fees for
an impounded animal of $8.75 to include the initial day and all days thereafter.
(For full text of Resolution, see Resolution Book No. 65, page 237.)
Mr. Bestpitch moved the adoption of Resolution No. 35634-110501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .7.
NAYS: None O.
163
Mr. Bestpitch offered the following resolution:
(#35635-110501) A RESOLUTION amending the City's Fee Compendium to
comply with the Code of Virginia for fees charged by the Police Department for the
preparation of investigative reports regarding applicants for Conservator of the
Peace appointments.
(For full text of Resolution, see Resolution Book No. 65, page 238.)
Mr. Bestpitch moved the adoption of Resolution No. 35635-110501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
BONDS/BOND ISSUES-TAXES-ROANOKE CIVIC CENTER-RIVERSIDE
CENTRE: The City Manager and the Director of Finance submitted a joint written
report advising that Council approved the issuance of General Obligation Bonds,
totaling $56,245,000.00, pursuant to the Public Finance Act of 1991 of the Code of
Virginia, as follows:
Purpose
Roanoke River Flood Reduction
Shenandoah Garage
Riverside Centre for Research and Technology
Roanoke Civic Center Renovations
Crystal Spring Filtration Plant
Curb, Gutter, Sidewalk Improvements
Roanoke Academy for Math and Science
Stadium/Amphitheater
Total
Amount
7,500,000.00
2,500,000.00
12,000,000.00
3,000,000.00
5,445,000.00
5,000,000.00
4,600,000.00
16,200,000.00
It was further advised that the City's bond attorney, Hawkins, Delafield &
Wood, has issued an opinion that bonds to be issued for Civic Center improvements
($3 million) and the Riverside Center for Research and Technology ($12 million) meet
the Internal Revenue Code's private activity tests and must be issued as taxable
bonds; private activity bond tests serve to identify arrangements that have the
potential to transfer the benefits of tax exempt financing to private enterprise; based
on current market conditions, it is anticipated that the taxable bonds will be less
than two percentage points more than the tax exempt bonds; and the taxable bonds
and tax exempt bonds will be designated as a separate series with the next issuance
in January, 2002.
164
It was explained that public bids will be requested on a total bond issue of
$56,245,000.00 during the second week of January, 2002; due to varying interest
rates bid throughout the life of the bond issue, the bond maturity schedule and
interest rates must be provided to the City's financial advisors, Branch Banking and
Trust Capital Markets (BB&T), to compute the overall net interest cost; it is proposed
to use the same procedure as in previous bond issuances whereby bids will be
delivered to BB&T's Richmond office via the Internet, and with oversight of certain
City representatives, BB&T will calculate the overall interest rate on the bids for
purchase of the bonds; BB&T and City representatives will review the bids to
determine the responsive bid having the lowest net interest cost; and City
representatives will accept the lowest bid, with an immediate communication to
Council summarizing the bids and acceptance of the bid with the lowest net interest
amount.
The City Manager and the Director of Finance recommended that Council
adopt a resolution which will authorize the sale of $56,245,000.00 of General
Obligation bonds; and authorize the City Manager and the Director of Finance to
award the winning bid and to affix the interest rates to be borne by the bonds.
Mr. Harris offered the following resolution:
(#35636-110501) A resolution authorizing the sale of not to exceed fifty-six
million two hundred forty-five thousand dollars ($56,245,000) principal amount of city
of roanoke, virginia, general obligation public improvement bonds; fixing the form,
denomination and certain other details of such bonds and delegating to the city
manager and the director of finance certain powers with respect thereto; authorizing
the preparation of a preliminary official statement and an official statement and the
distribution thereof; and authorizing such city to execute and deliver a continuing
disclosure certificate of such city relating to such bonds
(For full text of Resolution, see Resolution Book No. 65, page 239.)
Mr. Harris moved the adoption of Resolution No. 35636-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .7.
NAYS: None .....
DIRECTOR OF FINANCE:
165
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
September, 2001.
There being no questions, without objection by Council, the Mayor advised
that the financial report would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
CITY EMPLOYEES: Council at its last regular meeting having tabled a
communication from the City Manager with regard to special military leave pay for
City employees to allow time for the City Manager to respond to a question raised
by a Member of Council; Mr. Harris moved that the matter be removed from the table.
The motion was seconded by Mr. Carder and unanimously adopted.
Mr. Bestpitch offered the following resolution:
(#35637-110501) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to employees called to active
military duty.
~ Mr. Bestpitch moved the adoption of Ordinance No. 35637-110501. The motion
was seconded by Mr. Harris.
The City Manager submitted a communication advising that military leave at
full pay is limited to 15 working days per Federal fiscal year for employees of the City
of Roanoke who are military reservists called to active duty; special Council action
was taken in 1991 for the Desert Storm operation and in 1997 for the Bosnia effort
to provide any difference between military reservists' pay and the current level with
the City of Roanoke; and there are 35 reservists in 13 departments within the City of
Roanoke engaged in full-time employment.
The City Manager recommended that Council approve special policy to pay
military reservists who are called to active duty who serve between October 1,2001,
and September 30, 2002, the difference between their military base pay (including
any other related compensation received from the military) and pay with the City of
Roanoke in their current job, which supplemental pay will be provided upon request
and with necessary documentation to the Department of Human Resources.
The Mayor raised the issue of requiring 90 days employment with the City of
Roanoke prior to being called to active military duty, in order to qualify for the
military leave pay benefit.
166 -
The City Manager advised that the Mayor previously requested a determination
as to whether the City could differentiate between reservists, and the question of
whether a person who was employed by the City after the policy is approved would
be eligible for the benefit. Prior to this time, she stated that the Mayor had not
inquired about a specific period of time; therefore, she returned the matter to the
Council agenda as the report was originally prepared because the benefit should be
available to any person in the employment of the City who is called for active
service. She noted that at the present time, only one City employee has been called
to active duty, however, there are approximately 35 City employees who are
reservists. She stated that the recommendation before Council contains no
differential and any person who is a City employee who is called for active duty
would receive the benefit for a period of one year.
Following discussion of the matter, it was the consensus of Council to act on
the resolution and refer the Mayor's suggestion to the City Manager for further study,
report and recommendation to Council, with the understanding that the resolution
can be amended at a later date, if necessary.
Resolution No. 35637-110501 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .7.
NAYS: None 0.
EASEMENTS- NEWSPAPERS: Council at its last regular meeting on
Thursday, October 18, 2001, having tabled an ordinance authorizing the vacation of
an easement on property identified as Official Tax Nos. 1011001, 1011002, 1011003,
and 1011004, adjacent to Second Street, S. W., upon certain terms and conditions,
in connection with the Times World Corporation expansion project, Mr. Harris moved
that the ordinance be removed from the table. The motion was seconded by Mr.
Carder and unanimously adopted.
Mr. Harris offered the following ordinance:
(#35638-110501) AN ORDINANCE authorizing the vacation of an easement on
property identified as Official Tax Map Nos. 1011001,1011002, 1011003, and 1011004
adjacent to Second Street, S. W., upon certain terms and conditions; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 252.)
167
Mr. Harris moved the adoption of Ordinance No. 35638-110501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .......................................................................................... 7.
NAYS: None ...................................................... -0.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNCIL: Mr. Harris offered the following resolution:
(#35639-110501) A RESOLUTION cancelling the work session meeting of the
Council of the City of Roanoke scheduled for Monday, December 31, 2001, at
12:15 p.m.
(For full text of Resolution, see Resolution Book No. 65, page 253.)
Mr. Harris moved the adoption of Resolution No. 35639-110501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-COMMUNICATIONS
DEPARTMENT: Vice-Mayor Carder advised that the City of Roanoke earned first
place in the 75,000 - 125,000 population range in the nation's first study on digital
technology in City government, the Digital Cities Survey. He explained that the
survey examined how cities are using information technology to deliver services to
citizens, as conducted by the Center for Digital Government, Government
Technology Magazine, and commended the City Manager and City staff on their
outstanding achievements.
168
EASEMENTS-NEWSPAPERS: Council at its regular meeting on Thursday,
October 18, 2001, having tabled an ordinance permanently vacating, discontinuing
and closing a portion of Salem Avenue, S. W., near its intersection with Second
Street, Mr. Bestpitch moved that the ordinance be removed from the table. The
motion was seconded by Mr. Harris and adopted.
Mr. Bestpitch offered the following ordinance:
(#35640-110501) An ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For~full text of ordinance, See Ordinance Bok No. 65, page 254.)
Mr. Bestpitch moved the adoption of Ordinance No. 35638-110501. The motion
was seconded by Mr. Harris.
The City Manager was requested to clarify those measures relating to the
Times World Corporation expansion project, to explain the $500,000.00 investment
by the City, and how the investment compares with an economic development
incentive that might be offered to any other business proposing to make e $31
million investment in the community.
The City Manager advised that the Times World Corporation expansion project
represented an opportunity to retain 450 jobs in the downtown area and to
experience a significant investment which would generate additional tax revenues
to the City. Were the Times World Corporation to leave the City of Roanoke, she
stated that there would be a loss of approximately $150,000.00 of taxes paid
annually on items other than real estate; and the $31 million investment that the
Roanoke Times plans to make will generate approximately $1.5 million of additional
revenue to the City in the first five years of operation. She explained that on
economic development prospects, the City looks at revenue to be generated by the
new or expanded business which is used as an incentive and the sharing of those
increased benefits or revenues, with the City regaining the larger portion, therefor,
the $500,000.00 grant to the Times World Corporation was the City's response to a
request for incentives and represents an amount payable over a three year period.
She further explained that after the new plant is operational and with the
understanding that these additional revenues of $1.5 million will, in fact, be
generated, the City would, through the Industrial Development Authority as its
agent, provide $250,000.00 in the first year, $150,000.00 in the second year and
$100,000.00 in the third year upon completion of the project.
169
She added that the City will receive revenues in excess of these amounts which will
be used to support various programs and activities that the Council, on an annual
basis, approves through its budgetary process. She stated that the amount
provided to businesses as incentives vary based upon the number of new jobs to be
created, and revenues to be generated which can range from as little as ten per cent
to as much as 50 per cent. She explained that the amount that was determined by
the Times World Corporation expansion project was appropriate given the revenues
and the job retention that will result in the City of Roanoke.
Ordinance No. 35640-110501 was adopted by the following vote:
AYES: Council Members: Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................. -7.
NAYS: None .......................................................................................... -0.
At 3:50 p.m., the Mayor declared the meeting in recess for four closed
sessions.
COUNCIL: The meeting reconvened at 4:05 p.m., with Vice-Mayor Carder
presiding. Mr. Harris moved that Council override the decision of the Chair to recess
the Council meeting for four Closed Sessions and that the Council meeting
reconvene in public session. The motion was seconded by Mr. Bestpitch and
adopted, Mayor Smith not voting.
CITY MANAGER COMMENTS:
POLICE DEPARTMENT-SOLICITATIONS/PANHANDLING: The City Manager called
attention to numerous discussions with law enforcement personnel and the City's
Homeless Assistance Task Force with regard to concerns expressed eariler in the
meeting by Council Members and others in response to panhandling,(solicitation)
in the downtown Roanoke area.
BONDS/BOND ISSUES: The City Manager advised that certain members of the
City staffwill be in New York City later this week attending meetings with three bond
rating agencies with regard to the City's rating for the bond issue that was
previously approved by Council pursuant to Resolution No. 35636-110501, and it is
anticipated that the City will go to the bond market in early 2002.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred, without objection by Council, for
response, report and recommendation to Council.
170 -
At this point, he stated that television coverage of the Council meeting will be
concluded.
FIRE DEPARTMENT-EMERGENCY SERVICES: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., expressed concern with regard to the Business Plan for Fire/EMS as
submitted by the Fire Chief. Inasmuch as there are numerous questions, she
suggested that the Virginia Department of Fire Programs be requested to conduct
an independent and impartial evaluation of the Roanoke City Fire/EMS Business
Plan.
PAY PLAN-COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
addressed Council with regard to City Council's pay increase which was approved
earlier in the meeting. She stated that it is unfair for Council to compare itself with
City employees who are held accountable by supervisors for their job performance.
She inquired as to the procedure to be followed by citizens in order to hold Council
Members accountable for their actions, and the procedure for removing Council
Members from office if citizens are displeased with their job performance, barring
a Councilmanic election.
At 4:10 p.m., the Vice-Mayor declared the meeting in recess for four Closed
Sessions.
At 5:40 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member White, who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member White was absent.)
171
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION
(ALLEGHANY REGIONAL COMMISSION): The Mayor advised that there is a vacancy
on the Roanoke Valley-Alleghany Regional Commission created by the resignation
of Donald S. Caldwell, for a term ending June 30, 2003, and called for nominations
to fill the vacancy.
Mr. Bestpitch placed in nomination the name of William H. Carder.
There being no further nominations, Mr. Carder was appointed as a member
of the Roanoke Valley-Alleghany Regional Commission, to fill the unexpired term of
Donald S. Caldwell, resigned, ending June 30, 2003, by the following vote:
FOR MR. CARDER: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................ -6.
(Council Member White was absent.)
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 Sherlie Doherty, for a term ending June 30, 2003, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Courtney A. Penn.
There being no further nominations, Ms. Penn was appointed as a member of
the Roanoke Arts Commission to fill the unexpired term of Sherlie Doherty, resigned,
ending June 30, 2003, by the following vote:
FOR MS. PENN: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................ -6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there is
a vacancy on the Board of Zoning Appeals created by the resignation of Willard G.
Light, for a term ending December 31, 2002, and called for nominations to fill the
vacancy.
172 -
Mr. Harris placed in nomination the name of William D. Poe.
There being no further nominations, Mr. Poe was appointed as a member of
the Board of Zoning Appeals, to fill the unexpired term ofWillard G. Light, resigned,
ending December 31, 2002, by the following vote:
FOR MR. POE: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson and
MayorSmith 6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE CIVIC CENTER: The Mayor
advised that there is a vacancy on the Roanoke Civic Center Commission created
by the death of Edward Lambert, for a term ending September 30, 2003, and called
for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Stuart G. Boblett, II1.
There being no further nominations, Mr. Boblett, was appointed as a member
of the Roanoke Civic Center Commission to fill the unexpired term of Edward
Lambert, deceased, ending September 30, 2003, by the following vote:
FOR MR. BOBLETT: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ................................................................................ 6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The
Mayor advised that the terms of office of Alison S. Blanton and Lawrence Johns as
members of the Architectural Review Board will expire on October 1, 2001, and a
vacancy exists for a term ending October 1, 2001, and called for nominations ~o fill
the vacancies.
Mr. Bestpitch placed in nomination the names of Alison S. Blanton and James
Schlueter.
There being no further nominations, Alison S. Blanton was reappointed and
James Schlueter was appointed as members of the Architectural Review Board, for
terms ending October 1, 2005, by the following vote:
173
FOR MS. BLANTON AND MR. SCHLUETER: Council Members Wyatt,
Bestpitch, Carder, Harris, Hudson and Mayor Smith .............................................. 6.
(Council Member White was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 5:45 p.m.
ATTEST:
Mary F. Park-er
City Clerk
APPROVED
Mayor
174
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 19, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 19, 2001, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt (arrived late), William D. Bestpitch, William H. Carder,
C. Nelson Harris, and Mayor Ralph K. Smith ........................................................ 7.
ABSENT: None 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Charles H. Ward,
Associate Pastor, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of November as National Home Care Month in the City of Roanoke.
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 to convene in Closed
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, and to discuss expansion of an existing business,
where no previous announcement of the expansion has been made.
175
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss personnel matters relating to vacancies on
various authorities, boards, commissions and committees appointed bythe Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ....................................................................................... -0.
(Council Member Wyatt was absent.)
DIRECTOR OF FINANCE-CITY EMPLOYEES: A communication from
James D. Grisso, Director of Finance, submitting his resignation as Director of
Finance, effective February 1, 2002, was before the body.
Mr. Bestpitch moved that the communication be received and filed and that
the resignation be accepted. The motion was seconded by Mr. Hudson and adopted
by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: None ......................................................................................... -0.
(Council Member Wyatt was absent.)
COMMITTEES-ZONING: A communication from J. Clayton Grogan submitting
his resignation as a member of the Board of Zoning Appeals, effective immediately,
was before Council.
Mr. Bestpitch moved that the communication be received and filed and that
the resignation be accepted. The motion was seconded by Mr. Hudson and adopted
by the following vote:
176
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ................................................................................... -0
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: A communication from
the City Manager advising that pursuant to requirements of the Code of Virginia,
1950, as amended, the City of Roanoke is required to hold a public hearing on the
proposed conveyance or vacation of property rights, was before Council.
She recommended that a public hearing be advertised for Monday,
December 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
in connection with the proposed conveyance of City-owned property identified as
Official Tax No. 2760603 to Paul Honaker.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ -6.
NAYS: None 0.
(Council Member Wyatt was absent.)
COUNCIL-INDUSTRIES: A communication from the City Manager requesting
that Council convene in a Closed Meeting to discuss a matter with regard to
expansion of an existing business, where no previous announcement of the
expansion has been made, pursuant to Section 2.2-3711(A)(5), Code of Virginia
(1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in a Closed Meeting to discuss a matter with regard to expansion of an
existing business, where no previous announcement of the expansion has been
made, pursuant to Section 2.2-3711(A)(5), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ................................................................................... -0.
(Council Member Wyatt was absent.)
177
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE: A communication
from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare,
advising that the term of office of William L. Lee as an at-large representative to the
Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31,
2001; Reverend Lee is currently serving as Chair of the Board; and pursuant to
§37.1-196, Code of Virginia, 1950, as amended, in 1998, Community Services Board
Members are currently eligible to serve three full three-year terms of office, was
before Council.
Mr. Sikkema requested that Council ratify the reappointment of William L. Lee,
for a term commencing January 1, 2002, and ending December 31, 2004.
Mr. Bestpitch moved that Council concur in the reappointment of
William L. Lee to the Blue Ridge Behavioral Healthcare Board of Directors. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member Wyatt was absent.)
ZONING-ROANOKE CIVIC CENTER-INDUSTRIES-MUNICIPAL AUDITOR-
ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Troy A. Harmon as Municipal Auditor for a term beginning
October 18, 2001 and ending September 30, 2002;
S. Deborah Oyler as a Director of the Industrial Development
Authority of the City of Roanoke for a term ending October 20,
2005;
William D. Poe as a member of the Board of Zoning Appeals tofill
the unexpired term of Willard G. Light, resigned, ending
December 31, 2002;
Stuart G. Boblett, III, as a member of the Roanoke Civic Center
Commission to fill the unexpired term of Edward L. Lambert,
deceased, ending September 30, 2003; and
178
Paula L. Price as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending November 30,
2004.
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Hudson and adopted by the following ~ote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .......................................................................................... 6.
NAYS: None ....................................................................................... -0.
(Council Member Wyatt was absent.)
At 2:15 p. m., Council Member Wyatt entered the meeting.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
TOTAL ACTION AGAINST POVERTY: Annette Lewis, Director, Total Action
Against Poverty This Valley works Program, a program responsible for overseeing
TAP's drop out retrieval program, appeared before Council and expressed
appreciation to the City of Roanoke for the donation of Victory Stadium and for
Roanoke Civic Center staff support on September 1, 2001, for the Western Virginia
Education Classic. She explained that funds received from the event helped to
address the alarming drop out crisis in the community. She advised that in the 1998-
99 school year, 535 children dropped out of Roanoke City Public Schools and in the
first year of operation of Project Discovery, 128 students returned to education and
54 obtained their GED. She stated that the staff at Project Discovery and its
partners, the Roanoke City Public Schools and Radford University, continue to work
to reduce the drop out rate and the Western Virginia Education Classic helps Project
Discovery to educate the public on the need to reverse the drop out trend and offers
an opportunity for the community to provide financial support for drop out retrieval
efforts. Due to the in kind contribution of Victory Stadium and Roanoke Civic Center
staff, she advised that TAP gained the support of the City of Salem, and various
foundations, businesses, news media, churches, civic leaders, educators and
concerned citizens.
179
Without objection by Council, the Mayor advised that the remarks of Ms. Lewis
would be received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of $7,915.00 for the Western Virginia Regional Science Fair,
which is a continuing grant that will be funded by participating school districts,
corporate and individual contributions, and local match, was before Council.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35641-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 258.)
Mr. Bestpitch moved the adoption of Ordinance No. 35641-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ..................................................................................... -0.
BONDS-INDUSTRIES-HOSPITALS-SCHOOLS: Acommunication from Harwell
M. Darby, Jr., Attorney, representing the Industrial Development Authority, advising
that the Industrial Development Authority of the City of Roanoke requests that
Council approve two proposed bond issues; i.e.: the Catholic Diocese of Richmond
for bonds to be issued by the City of Salem Industrial Development Authority, in an
amount not to exceed $5,000,000.00; and the second bond issue not to exceed
$100,000,000.00 for Carilion Medical Center for bonds to be allocated to hospital
facilities at Carilion Roanoke Memorial Hospital, Carilion Roanoke Community
Hospital, Carilion Giles Memorial Hospital, Bedford Memorial Hospital, and Carilion
Franklin Memorial Hospital and to include certain refinancings for outstanding
bonds on said hospital facilities, was before Council.
Mr. Carder offered the following resolution:
(#35642-111901) A RESOLUTION approving the issuance of a revenue note by
the Industrial Development Authority of the City of Salem (the "Issuer"), under the
Industrial Development and Revenue Bond Act, as amended (the "Act"), requested
by the Roanoke Catholic School (the "School") and the Catholic Diocese of
180
Richmond (the "Diocese") to refinance certain indebtedness incurred by the School
in connection with the construction, equipping, and furnishing of a multipurpose
building (the "Project") at the School's facilities located in the City of Roanoke,
Virginia, and to pay other costs of the Project, pursuant to Section 147(f) of the
Internal Revenue Code of 1986 and Section 15.2-4906 of the Code of Virginia (1950),
as amended.
(For full text of Resolution, see Resolution Book No. 65, page 259.)
Mr. Carder moved the adoption of Resolution No. 35642-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................ -0.
Mr. Carder offered the following resolution:
(#35643-111901) A RESOLUTION of the City Council of the City of Roanoke,
Virginia, authorizing, among other things, the issuance of not to exceed
$100,000,000.00 aggregate principal amount of Industrial Development Authority of
the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System
Obligated Group) Series 2002A to the extent required by Section 147 of the Internal
Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 65, page 262.)
Mr. Carder moved the adoption of Resolution No. 35643-111901. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................. -6.
NAYS: Council MemberWhite ................................................................. 1.
CITY EMPLOYEES: A communication from Vice-Mayor William H. Carder
advising that in recognition of the City of Roanoke's significant efforts to accomplish
the goals of City Council during the past year, he would like to recommend that
Council provide an additional holiday for City employees on Monday,
December 24, 2001, for the upcoming holiday season, was before the body.
181
Mr. Carder offered the following resolution:
(#35644-111901) A RESOLUTION closing certain City offices on Monday,
December 24, 2001, and providing for additional holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 65, page 266.)
Mr. Carder moved the adoption of Resolution No. 35644-111901. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
DIRECTOR OF FINANCE-CITY CHARTER-CITY COUNCIL: Vice-Mayor
William H. Carder presented a communication advising that as Council is aware,
James D. Grisso has tendered his resignation as Director of Finance, effective
February 1,2002; therefore, he proposed an amendment to the Roanoke City Charter
to allow for a change in authority of the Council-Appointed position of Director of
Finance to a directorate under the responsibility of the City Manager. He noted that
he had requested that the City Attorney draft the necessary changes to the City
Charter, and presented copies of the sections of the Charter in need of amendment.
Mr. Carder moved that Council consider, at its public hearing regarding
proposed changes to the City Charter scheduled for the 7:00 p. m., session this
evening, a motion that Sections 8, 9, 23, 25.1, 25.2 and 33 be amended to provide
that the City Manager will perform, or have performed, those functions currently
performed by the Director of Finance and that there will no longer be a Director of
Finance to be appointed by the Members of City Council.
The motion failed for lack of a second.
Mr. Bestpitch moved that the matter be referred to the Council's Financial
Planning Session to be scheduled in early March 2002. The motion was seconded
by Ms. Wyatt.
Robert H. Bird, 4711 Horseman Drive, N. E., former Municipal Auditor, advised
that when he was first appointed to the position of Municipal Auditor in 1991, he
benchmarked the City of Roanoke against other localities and Fairfax County
provided an ideal model for benchmarking. He stated that he examined the Fairfax
County government in general, and was impressed with its streamlined form of
government consisting of a central chief executive, no Constitutional Officers and
182
no Council Appointed Officers. He advised that during his tenure as Municipal
Auditor, the City's current organizational structure; i.e.: a Chief Administrative
Officer, Constitutional Officers and Council-Appointed Officers represented a
frustration, not from a personality point of view but from a structural system point
of view. He spoke in support of the proposal of Vice-Mayor Carder which will
provide for a more effective and efficient City government structure.
Mr. White requested that the record reflect that he has served on the Audit
Committee since 1991 and annually, an audit analysis, risk assessment, and audit
plan are prepared, however, no major flaw in the City's organizational structure has
been identified during the ten years that he has chaired the Audit Committee and
worked with Mr. Bird in his capacity as Municipal Auditor. He stated that he would
support the motion offered by Mr. Bestpitch, however, if Council discusses the
position of Director of Finance, it should discuss other Council Appointed positions
as a part of the process.
Mr. Hudson spoke in support of the current structure of Council Appointed
Officers which has existed for many years and has worked well for the City of
Roanoke. He stated that checks and balances between the Finance Department and
the City Manager's Office are needed; therefore, the Council Appointed positions
should remain intact.
Mr. Bestpitch clarified his motion to point out that no action can be taken by
the Council until December 2002 as a component of another City Charter amendment
for consideration by the 2003 General Assembly. He suggested that Council
consider the motion as an opportunity to indicate an interest in discussing the
matter, with the understanding that Council will then proceed from this point to
advertise for and to recruit a new Director of Finance under the current
organizational structure, while advising candidates who have expressed an interest
in the position of Director of Finance that the issue is under consideration for
further discussion by Council.
Ms. Wyatt advised that the issue is too important for the Council to discuss
and act upon at its evening public hearings following a full day of meetings. She
stated that discussion should take place at a time when Council can devote the kind
of attention to the topic that it deserves.
The motion offered by Mr. Bestpitch to refer the matter to the Council's
Financial Planning Session in early March 2002, seconded by Ms. Wyatt, was
unanimously adopted.
REPORTS OF OFFICERS:
183
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-TAXES: The City Manager submitted a communication advising
that at a regular meeting of Council on July 16, 2001, Council Member White
requested a review of the City's current policy with respect to supporting requests
of non-profit organizations to exempt certain property from taxation, pursuant to
Article X, Section 6(a)(6) of the Constitution of Virginia; the policy was adopted by
Council on February 18, 1992, and requires such organizations agree to pay an
annual service charge equal to 20% of the real estate tax levy on the property to be
exempted as a condition to receiving a resolution from Council supporting the
request for tax exemption to the General Assembly; there are over 2,000 properties
in the City of Roanoke valued at $848.1 million which are tax-exempt, amounting to
17% of all real estate; $661.5 million of this total is comprised of properties that are
exempted from a service charge; and 18 organizations currently pay a total of
$30,793.00 in service charges.
It was further advised that it is important to note that an agency does not need
City Council's support to approach the General Assembly; therefore, based on
current City policy, an agency could choose not to pay the voluntary service charge
and still receive General Assembly approval for tax exemption; over the past ten
years, the percentage of tax-exempt properties in the City has increased from 14.2%
to 17.13%; and in the categories of Charitable and Other, 17 organizations receive
additional financial assistance from the City, and six organizations pay se~ice
charges.
The City Manager recommended that Council:
Amend the current City policy by removing the provision that
states the value of all exempted taxes should be deducted from any
funding provided by the City of Roanoke to the organization. After
reviewing the policy, enforcement of this provision could have a
negative impact on these agencies.
Adopt an ordinance allowing the City to implement a triennial
review performed by the Director of Real Estate Valuation as provided
by the Code of Virginia Section 58.1-3605. The owner of the property
will be required to provide any information which would be relevant to
184
the continuance of the exemption granted. This will allow the City to
conduct periodic reviews of the current status of properties to ensure
that the tax exempt status has not changed.
Mr. Harris offered the following resolution:
(#35645-111901) A RESOLUTION amending Resolution No. 30884-021892,
adopted February 18, 1992, which established the policy of the City with respect to
supporting requests of certain non-profit organizations to exempt certain property
from taxation pursuant to Article X, §6(a)(6), of the Constitution of Virginia.
(For full text of Resolution, see Resolution Book No. 65, page 267.)
Mr. Harris moved the adoption of Resolution No. 35645-111901. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
NAYS: None ...................................................................................... --0.
Mr. Bestpitch offered the following ordinance:
(#35646-111901) AN ORDINANCE amending and reordaining Chapter 32.
Taxation, Article II, Real Estate Taxes Generally, of the Code of the City of Roanoke
(1979), as amended, by adding a new section entitled §32-26. Triennial application
for exemption, providing for the periodic filing of applications with the Director of
Real Estate Valuation as a requirement for the retention of tax exempt status, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 268.)
Mr. Bestpitch moved the adoption of Ordinance No. 35646-111901. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................. 7.
NAYS: None ................................................................... -0.
185
CITY CODE-REFUSE COLLECTION-RECYCLING: The City Manager submitted
a communication advising that the Solid Waste Management Division (SWM) of the
Public Works Department has re-engineered the recycling collection program for all
residential households; as of July 2, 2001, Solid Waste Manaement began the
collection of commingled (mixed) recyclables; and City Code Section 14.1-16(b)
indicates that certain alleys designated by the City Manager may be used for
automated collection container service, but not recyclables collection.
It was further advised that residents who continue to have their trash
collection service provided in the alley have indicated that they have difficulty
placing their recycling container at the curb due to topographic conditions (steps,
walls, etc.); and in an effort to further increase the collection of recyclables, alley
collection of recyclables has been provided, however, a change to the Solid Waste
ordinance is needed to continue alley service.
Mr. Bestpitch offered the following ordinance:
(#35647-111901) AN ORDINANCE amending and reordaining subsections (r)
and (s) of §14.1-1, Definitions, and subsection (b) of §14.1-16, Placement for
collection qenerally, of Chapter 14.1, Solid Waste Manacjement, of the Code of the
City of Roanoke (1979), as amended, and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 269.)
Mr. Bestpitch moved the adoption of Ordinance No. 35647-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
PURCHASE/SALE OF PROPERTY-AIRPORT-SEWERS AND STORM DRAINS-
EASEMENTS-BUDGET: The City Manager submitted a communication advising that
drainage problems in the vicinity of Airport Road and Towne Square Boulevard have
hampered the development of properties in the area; a project designed to improve
drainage is sufficiently complete to identify property rights that need to be acquired
by the City for construction of the project; authorization by Council is needed to
move forward with procurement of title work, appraisals, and document preparation
related to acquisition of the necessary property rights; and estimated expenses are
not expected to exceed $100,000.00, which funds are available in Capital Project
Account No. 008-052-9627, Innotech Expansion.
186
The City Manager recommended that she be authorized to acquire all
necessary property rights which may be acquired following a satisfactory
environmental site inspection by negotiation or eminent domain, and include fee
simple, permanent easements, permanent access easements, temporary
construction easements, rights-of-way, licenses or permits, etc.; and transfer
$100,000.00 from Account No. 008-052-9627 to an account to be established by the
Director of Finance entitled, "Airport Road Storm Drain Extension Project."
Mr. Bestpitch offered the following emergency budget ordinance:
(#35648-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 270.)
Mr. Bestpitch moved the adoption of Ordinance No. 35648-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
.... AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
Mr. Bestpitch offered the following ordinance:
(#35649-111901) AN ORDINANCE providing for the acquisition of certain
property rights needed by the City for the Airport Road Strom Drain Extension
Project; setting a limit on the consideration to be offered by the City; providing for
the City's acquisition of such property rights by condemnation, under certain
circumstances; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 271.)
Mr. Bestpitch moved the adoption of Ordinance No. 35649-111901. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................. -0.
187
HOUSING/AUTHORITY-GRANTS-DONATIONS/CONTRIBUTIONS: The City
Manager submitted a communication advising that the Roanoke Redevelopment and
Housing Authority is the current owner of two parcels of land purchased with
Community Development Block Grant funds; the Housing Authority has requested
that the City accept donation of the two parcels of land identified as Official Tax No.
2013938, located adjacent to Wometco, Coca Cola Bottling Co. containing 0.719 acre
and valued at $2,000.00; acceptance of the parcel of land would allow it to be
combined with adjacent City property that could then potentially be developed; and
parcel #2 is identified as Official Tax No. 3041224, located in the Deanwood
Industrial Park, containing 0.378 acre, and valued at $4,900.00, which parcel of land
serves as the stormwater management system for the industrial park and has been
completed and will be maintained by the City.
The City Manager recommended that she be authorized to execute the
appropriate documents to accept donation of the property, subject to an acceptable
environmental inspection, in a form to be approved by the City Attorney.
Mr. Bestpitch offered the following ordinance:
(#35650-111901) AN ORDINANCE authorizing the City Manager to execute the
appropriate documents for the acceptance of a donation of certain properties by the
Roanoke Redevelopment and Housing Authority to be used for developmental
purposes by the City; upon certain terms and conditions; and dispensing with the
second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 273.)
Mr. Bestpitch moved the adoption of Ordinance No. 35650-111901. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................. -0.
DONATIONS/CONTRIBUTIONS-VIRGINIA TRANSPORTATION MusEUM-
EQUIPMENT: The City Manager submitted a communication advising that on June 4,
2001, Council authorized the City Manager to execute an agreement to accept
donation of the 1218 steam locomotive from Shenandoah-Virginia Corporation; and
the Virginia Museum of Transportation agreed to exhibit the locomotive in its rail
yard, and insure and maintain the equipment as part of the Museum's collection,
while ownership of the locomotive will remain with the City because of its historical
significance to the City of Roanoke.
188
It was further advised that the Museum currently houses and maintains a
number of other transportation equipment items owned bythe Citywhich have been
acquired from time to time over the years, and documents relating to their
acquisition by the City cannot be located; no restrictions are known on the items
that would prohibit them from being donated to the Transportation Museum,
however, there is currently no formal agreement between the Virginia Museum of
Transportation and the City regarding maintenance and insurance of the equipment,
as is the case with the 1218 locomotive; most of the equipment should be donated
to the Transportation Museum to simplify equipment maintenance and insurance
issues, with the understanding that if the Transportation Museum should close,
ownership of the equipment would revert to the City; ownership of the No. 611 Class
A Steam Locomotive should be retained by the City because of its historical
significance; and the Transportation Museum has agreed to accept the donation of
the transportation items, with the exception of the No. 611 Class A. Steam
Locomotive.
The City Manager recommended that Council adopt an ordinance authorizing
the donation of transportation equipment items described as follows, with the
exception of the No. 611 Class A Steam Locomotive, to the Virginia Museum of
Transportation, with ownership of the items to revert to the City in the event of
closure of the Transportation Museum and if such equipment items are still in place.
Extended Roof Rockaway (Carriage)
Stick Seat Box Buggy (ca. 1885)
Studebaker Wagon (ca. 1870)
Galax Buggy Co. Carriage
Jas. Cunningham Hearse (ca. 1895)
Covered Wagon (ca. 1900)
1920 Buick Touring Car
1930 Chevrolet Stake Bed Truck
1924 Ford Model T Chassis
1927 White Motor Co. Truck
1938 Cadillac Fire Truck
1922 White Dump Truck
1940 Seagrave Fire Truck
1950 Oren Fire Truck
Celanese 0-4-0 Tea Kettle
1914 Panama Canal Mule
VGN 0-8-0 Steam Loc. #4
N&W Steam Loc. #6
Wabash E-8A #1009
N&W Caboose #518391
189
N&W RPO Car
N&W Class PG Coach
No. 611 Class A Steam Locomotive (ownership to remain with City)
2 Railway Express Carts
Mr. Bestpitch offered the following ordinance:
(#35651-111901) AN ORDINANCE authorizing the donation of certain City-
owned transportation equipment to the Virginia Museum of Transportation, Inc.,
upon certain terms and conditions; dispensing with the second reading by title of
this ordinance; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 274.)
Mr. Bestpitch moved the adoption of Ordinance No. 35651-111901. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a
communication advising that the Fire Program Fund was established by the General
Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1, Code of Virginia,
1950, as amended; the sunset clause requiring expiration of the Fire Program Fund
on July 1, 1990, was removed, thus, the City's annual allocation of State funds will
continue indefinitely; program guidelines require that funds received are non-
supplanting and may not be used to replace existing local funding; funds must be
used in accordance with provisions established by the State Department of Fire
Programs; and the City of Roanoke's allocation of $131,794.71 was deposited into
Account No. 035-520-3232-3232 from the Department of Fire Programs.
It was further advised that the City's portion of the Roanoke Regional Fire
Training Center debt service is $60,000.00, which will be paid annually from this
revenue source; and action by Council is needed to formally accept and appropriate
funds, and authorize the Director of Finance to establish revenue estimates and
appropriation accounts in the Grants Program Fund to purchase equipment and
supplies pursuant to provisions of the program.
The City Manager recommended that she be authorized to accept the grant
and appropriate grant funds totaling $131,794.71, with corresponding revenue
estimates in accounts to be established by the Director of Finance in the Grant Fund.
190
Mr. Bestpitch offered the following emergency budget ordinance:
(#35652-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 275.)
Mr. Bestpitch moved the adoption of Ordinance No. 35652-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................. -0.
Mr. Bestpitch offered the following resolution:
(#35653-111901) A RESOLUTION authorizing the acceptance of the FY2002
Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department
of Fire Programs 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. 65, page 276.)
Mr. Bestpitch moved the adoption of Resolution No. 35653-111901. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
NAYS: None 0.
CITY EMPLOYEES: The City Manager submitted a communication advising
that Council approved Special Military Pay on November 5, 2001, to provide
supplemental pay for military reservists called to active duty related to the war on
terrorism; and an amendment was requested to limit pay to employees in service
with the City of Roanoke before receiving military orders.
The City Manager recommended that Council adopt an amendment to the
special policy to pay military reservists, and covered employees would be those who
are called to active duty related to the country's war on terrorism subsequent to the
employee's employment with the City of Roanoke.
191
Mr. Bestpitch offered the following resolution:
(#35654-111901) A RESOLUTION authorizing payment of supplementary
compensation and restoration of certain benefits to employees called to active
military duty; and repealing Resolution No. 35637-110501, adopted November 5,
2001.
(For full text of Resolution, see Resolution Book No. 65, page 277.)
Mr. Bestpitch moved the adoption of Resolution No. 35654-111901. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None ..................................................................................... -0.
TRAFFIC-HOSPITALS: The City Manager submitted a communication advising
that on September 1, 1998, the City of Roanoke and Carilion Health System entered
into a Parking Agreement providing Carilion with the right to purchase a minimum
of 310 and a maximum of 440 parking permits for use in certain City owned and/or
controlled parking garages during normal business hours; and Carilion has
purchased the maximum number of permits allowed by the Agreement and now
intends to create and/or move additional job positions downtown and requires the
ability to purchase up to an additional 60 parking permits above the 40 provided for
in the Parking Agreement.
It was further advised that the City wishes to make these additional permits
available to Carilion, pursuant to the same terms and conditions as set forth in the
Parking Agreement, except that such additional permits will be made available for
purchase by Carilion Health System at the approved prevailing monthly parking rate
for the particular parking garage forwhich such permits are issued, less ten percent;
rates for the additional parking permits will also be subject to any and all rate
changes which may be approved by Council during the life of the Parking
Agreement; and Carilion Health System may request the additional supplemental
permits in writing, through the City's Director of Economic Development, and may
cancel any or all of such permits at the time Carilion makes its annual report to the
City as specified in Section 7 (b) of the Parking Agreement.
The City Manager recommended that Council approve Amendment No. 1 to the
September 1, 1998, Parking Agreement between the City of Roanoke and Carilion
Health System providing Carilion with the ability to acquire an additional 60 parking
permits.
192
Mr. Bestpitch offered the following emergency ordinance:
(#35655-111901) AN ORDINANCE authorizing the City Manager to execute
Amendment 1 to the September 1, 1998, Parking Agreement between the City of
Roanoke and Carilion Health System; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 278.)
' Mr. Bestpitch moved the adoption of Ordinance No. 35655-111901. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ~.
NAYS: None .................
(Council Member White abstained from voting.)
BUILDINGS/BUILDING DEPARTMENT-LANDMARKS/HISTORICAL
PRESERVATION: The City Manager submitted a communication advising that
Roanoke has many historically significant places that consist of individual buildings,
such as St. Andrew's Catholic Church, or consist of many buildings, such as the City
Market and Old southwest; these landmarks are designated on the National Register
of Historic Places; and locations that currently have this designation include:
City Market
Old Southwest/Mountain View
Hotel Roanoke/Higher Education Center/GOB South
Warehouse Row
Historic Gainsboro
It was further advised that in July, 2000, the City of Roanoke entered into a
50~50 cost-sharing program with the Virginia Department of Historic Resources
(VDHR) for surveying portions of downtown Roanoke for possible inclusion on the
National Register of Historic Places; the project area contains 200 properties that
would "fill the gaps" between existing National Register districts; the City of
Roanoke committed $15,000.00, with a State match of $15,000.00, for a total project
budget of $30,000.00; Hill Studio was retained to conduct the survey; and survey
work was also completed on a proposed Henry Street District, which is composed
of the Dumas Hotel and Ebony Club properties; once an area is surveyed, a
"Preliminary Information Form" is submitted to the Virginia Department of Historic
Resources, which determines eligibility; an official nomination is made following
193
eligibility determination; survey work has been completed for the Downtown West
District and the Henry Street District; and Preliminary Information Forms have been
prepared and must be endorsed by Council in order to proceed.
It was further explained that designation on the National Register provides
many benefits, including economic incentives and promoting community pride;
National Register designation encourages investment by making State and Federal
tax incentive programs available, which can offset up to 45% of the cost of
rehabilitation; tax credit programs have been successful at spurring rehabilitation
projects, major examples of which include the Roanoke Higher Education Center,
Shenandoah Hotel, and Spectrum Design; many of the projects would not have been
feasible without tax credits made available through National Register designation;
it is important to note that inclusion on the National Register does not necessarily
mean that Roanoke's H-1 and H-2 zoning district overlays will apply; no control over
design is imposed on property owners unless Federal funds are involved; and use
of Federal funds or participation in a tax credit project will require that an owner
comply with rehabilitation standards adopted by the U. S. Secretary of the Interior.
The City Manager recommended that Council adopt a resolution endorsing the
nominations of the Downtown West Historic District and the Henry Street Historic
District for inclusion on the National Register of Historic Places, and that the City
Manager be authorized to execute documents related to the nominations on behalf
of the City.
Mr. Carder offered the following resolution:
(#35656-111901) A RESOLUTION endorsing the inclusion of the Downtown
West and the Henry Street Districts as landmarks on the Virginia Landmarks
Register and the National Register of Historic Places; and authorizing the proper City
Official to execute the appropriate documents to include those areas on the Virginia
Landmarks Register and the National Register of Historic Places.
(For full text of Resolution, see Resolution Book No. 65, page 280.)
Mr. Carder moved the adoption of Resolution No. 35656-111901. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None .................................................................................... -0.
194
ANIMALS/INSECTS: The City Manager submitted a communication advising
that'for the past 40 years, the Roanoke Valley SPCA has operated out of a converted
farmhouse building constructed in 1917 and located at 1313 Eastern Avenue, N. E.;
periodically during that time, the SPCA has accepted the responsibility to house and
provide care for pound animals for Roanoke County and Botetourt County, the Town
of Vinton and the City of Roanoke; the facility is now dilapidated and inadequate,
and State Veterinarian inspectors have consistently rated the animal care provided
by the SPCA as excellent, however, the physical facility itself was rated as deficient;
the State has notified participating local governments that it will begin levying fines
for certain deficiencies; and both the SPCA and local governments have been
independently seeking new facilities for the past several years as a result of existing
deficiencies.
It was further advised that after extensive research, planning and numerous
meetings, the SPCA and various local governments have prepared a plan to develop
a state of the art facility for animal management in the Roanoke Valley, which is
proposed to be located next to the current facility, and will house SPCA operations,
in addition to the pound operations of Roanoke County, Botetourt County, the Town
of Vinton, and the City of Roanoke; the SPCA will continue to care for animals
through its subsidiary, Animal Care Services, Inc. (ACS); the two operations will be
adjacent, sharing a roof line and other items in order to contain costs; this
public/private partnership will provide an improvement in the services for animals
and the community in a manner that is more humane, efficient and economical; the
co-location relationship will also facilitate coordinated efforts of the SPCA and local
governments in mutual projects such as increased licensing, return of animals to
owners, community wide humane education, and humane investigation; and the
SPCA has been actively pursuing the goal of building a new shelter and raising the
necessary funds for many years, and the Executive Director and staff played a major
role in researching successful animal welfare organizations, with an emphasis on
development of both physical plant and program plans for the new facility.
It was explained that the current building is located in the flood plain and has
experienced several floods; the facility is in violation of State regulations which
must be quickly addressed; a draft Roanoke Valley Regional Pound Facility Services
Agreement, which has been reviewed by attorneys for participating local
governments, is provided for review by Council; Schedule A defines percentage
payments for local governments based upon historic use of the current facility, with
percentages to be adjusted every three years based upon actual use of the facility;
the City's current percentage is 51%; the term of the Agreement begins with the
issuance of the obligations, or the first day of the month after the new facility is
placed in service and continues through June 30, 2032; the Agreement provides that
participating localities will indemnify and hold harmless the Roanoke Valley SPCA,
195
and the organization will indemnify and hold harmless the participating localities,
for negligent orwillful acts of omission or commission committed bythe other party;
and the Roanoke Valley SPCAwill be the property owner and construction manager,
with a development and construction period estimated at 12 - 18 months and a
summer 2003 completion date.
It was noted that the Roanoke Valley SPCA contemplates a financing through
issuance of bonds by the Botetourt County Industrial Development Authority; the
Botetourt Industrial Development Authority adopted a resolution authorizing
issuance of industrial development revenue bonds, in an amount not to exceed $3.8
million, which authorization is subject to concurrence of City Council since the
facility will be located in the City of Roanoke; City of Roanoke appropriations will be
addressed in the fiscal year 2003 budget; a joint partnership assists in
accomplishing the goals of all parties, because if each locality tried to build and
operate separate facilities, costs would be prohibitive; and the City's Purchasing
Manager has determined that the Roanoke Valley SPCA is the only source
practicably available to perform pound facility services.
The City Manager recommended that Council concur in the determination of
the City's Purchasing Manager on the sole source issue and that she be authorized
to enter into the Services Agreement, the form of which shall be approved by the City
Attorney, with the Roanoke Valley SPCA, the Town of Vinton, Botetourt County and
Roanoke County; and that Council concur in the resolution adopted by the Industrial
Development Authority of the County of Botetourt approving the loan by the
Authority to benefit the Roanoke Valley SPCA.
Mr. Bestpitch offered the following resolution:
(#35657-111901) A RESOLUTION authorizing and providing for an agreement
between the City of Roanoke and the Roanoke Valley Society for the Prevention of
Cruelty to Animals ("RVSPCA") relating to construction and operation of a new
pound facility by the RVSPCA, and concurring with the determination of the City's
Purchasing Manager that the RVSPCA is the only source practicably available to
perform such services.
(For full text of Resolution, see Resolution Book No. 65, page 281 .)
Mr. Bestpitch moved the adoption of Resolution No. 35657-111901. The
motion was seconded by Ms. Wyatt.
196
Mr. Geoffrey Campbell, 780 Tinker mill Road, Daleville, Virginia, advised that
out of hundreds of proposed new construction facilities throughout the United
States, the Roanoke Valley's proposed facility is the only facility that does not
include provisions for a spay/neuter clinic. He stated that without an aggressive
spay/neuter program, taxpayers will be faced with ever escalating costs for animal
control (chasing, catching, housing and disposing of stray animals); and without an
aggressive spay/neuter program, the number of dogs and cats killed annually in the
Roanoke Valley's shelter will continue to increase. He advised that the pet
population in the United States has doubled since the 1960's; in the Roanoke Valley,
over 31,000 animals have been put to death in the past ten years; collectively, the
City of Roanoke and the surrounding localities spend $1 and $1.2 million for animal
control to collect and dispose of animals and their unwanted offspring, and total
cost to taxpayers in collateral expenses (dog bites, police calls, community health
issues, etc.,) remains hidden. He stated that a solution to the problem is an
aggressive spay/neuter clinic program; national statistics demonstrate that one
dollar spent on spay/neuter saves nine dollars in animal control costs; and most
states, including the Commonwealth of Virginia, require that all adopted animals
from shelters and pounds be altered and they provide funds or sanctions for
non-compliance.
Resolution No. 35657-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
NAYS: None ................................................................................ -0.
Mr. Bestpitch offered the following resolution:
(#35658-111901) A RESOLUTION concurring in the resolution adopted by the
Industrial Development Authority of the County of Botetourt, Virginia (the "Botetourt
Authority") and approving the loan by the Botetourt Authority for the benefit of the
Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., (the
"RVSPCA") to assist in acquiring, constructing, and equipping a regional animal
pound facility (the "Project").
(For full text of Resolution, see Resolution Book No. 65, page 282.)
Mr. Bestpitch moved the adoption of Resolution No. 35658-111901. The
motion was seconded by Mr. Hudson and adopted by the following vote:
197
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
NAYS: None ..................................................................................... ----0.
BONDS/BOND ISSUES-BUDGET-ROANOKE CIVIC CENTER: The City Manager
submitted a communication advising that at its work session on November 5, 2001,
Council directed the City Manager to develop a funding scenario and time line for the
design process for the Roanoke Civic Center Expansion and Renovation Project-
Phase II of $14,941,020.00; it is the goal of the City administration that bonds will
eventually be issued to fund the project; the time schedule for the architect/engineer
selection process, design and documentation work, and award of the construction
bid is estimated at 13 months; estimated funding required in order to complete this
portion of the project is $850,000.00; due to the urgent nature of the project, certain
funding sources have been identified that could be reallocated to provide the
necessary funding to begin the design process immediately; and should bonds be
issued at a later date, proceeds from such bond issue would be used to offset these
funding sources.
The City Manager recommended that Council appropriate $850,000.00 to a new
capital account to be established by the Director of Finance entitled, "Civic Center
Expansion and Renovation Project-Phase I1," from the following sources:
Civic Center Retained Earnings $265,000.00
1999 Bonds Designated for Civic Center
Repairs/Improvements 85,000.00
Capital Improvement Reserve-Streets and Bridges 300,000.00
CMERP funding in 001-530-4210-9132 200,000.00
$850,000.00
It was further recommended that Council adopt a resolution indicating the
City's intent to reimburse itself from the proceeds of General Obligation Public
Improvements Bonds to be issued in the future.
Ms. Wyatt offered the following emergency budget ordinance:
(#35659-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, Civic Center, and Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 283.)
198
Ms. Wyatt moved the adoption of Ordinance No. 35659-111901. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
NAYS: None --0.
Mr. Bestpitch offered the following resolution:
(#35660-111901) A RESOLUTION declaring the City's intent to reimburse !tself
from the proceeds of its general obligation public improvement bonds for certain
moneys to be appropriated by the City for expenditures in connection with the
Roanoke Civic Center Expansion and Renovation Project - Phase II; and providing
for an effective date.
(For full text of Resolution, see Resolution Book No. 65, page 286.)
Mr. Bestpitch moved the adoption of Resolution No. 35660-111901. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None 0.
PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-BUDGET-
ARMORY/STADIUM-ROANOKE CIVIC CENTER: The City Manager submitted a
communication advising that at its meeting on May 21,2001, Council authorized the
City Manager to begin negotiations for acquisition of property across Orange
Avenue from the Roanoke Civic Center for the purpose of constructing a
multipurpose Stadium/Amphitheater facility; the City has concluded negotiations on
the property owned by Fred C. Ellis identified as Official Tax Nos. 2041817 and
2041816, in the amount of $275,000.00; and funding in the amount of $275,000.00 is
currently available in Account No. 008-530-9758 from General Fund revenues;
however, upon issuance of the Series 2002 Bonds, bond proceeds will actually be
utilized to cover the expense.
199
The City Manager recommended that she be authorized to execute a contract
for the purchase of Official Tax Nos. 2041817 and 2041816, in the amount of
$275,000.00, and that Council adopt a resolution indicating the City's intent to
reimburse itself $275,000.00 from the proceeds of the sale of Series 2002 General
Obligation Public Improvement Bonds, in connection with acquisition of real
property for the Stadium/Amphitheater Project, with the maximum amount of debt
expected to be issued for the project to be $16,200,000.00.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35661-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 287.)
Mr. Bestpitch moved the adoption of Ordinance No. 35661-111901. The motion
was seconded by Mr. Carder.
Upon question, it was noted that the property is assessed at $37,000.00;
however, the City Manager advised that no outside appraisal or independent
appraisal of the property was conducted. She stated that Council authorized
engagement of the services of a real estate organization to serve as the City's agent
in approaching owners in the area with regard to the availability of the property for
sale and the general terms under which they would be willing to sell their property.
In response to a question raised by a Member of Council, the City Manager advised
that this parcel of land, if approved by Council, would be the only piece of property
that the City would need to purchase in order to consummate the compilation of 21
acres which is actually three acres more than was envisioned for the activity. She
stated that property currently owned by the City, as well as certain property to be
donated to the City, will be used for the project, and it is not unusual for the City to
pay more than the assessed value of property which is not to suggest that the
assessed value is incorrect, but once it becomes known that the City is interested
in purchasing a parcel of land, there is a natural tendency to experience an increase
in the cost.
Ordinance No. 35661-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................ -0.
200
Mr. Carder offered the following resolution:
(#35662-111901) A RESOLUTION declaring the City's intent to reimburse itself
fromthe proceeds of its general obligation public improvement bonds authorized to
be issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the
purpose of providing funds to pay the costs of the acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City, which includes acquisition of real
property for the Stadium/Amphitheater Project; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 65, page 288.)
Mr. Carder moved the adoption of Resolution No. 35662-111901. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. 7.
· NAYS: None .............................................................................. ----~-=---0.
Mr. Bestpitch offered the following ordinance:
(#35663-111901) AN ORDINANCE authorizing the City Manager to enter into
a sales contract providing for the acquisition of certain property needed in
connection with the proposed construction of a multipurpose stadium/amphitheater;
establishing the consideration to be paid by the City; and dispensing with the
second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 289.)
Mr. Bestpitch moved the adoption of Ordinance No. 35663-111901. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
BUDGET-DONATIONS/CONTRIBUTIONS-LANDMARKS/HISTORICAL
PRESERVATION-GRANDIN THEATER: The City Manager submitted a communication
advising that the Grandin Theater opened in the early 1930s and closed in 1976; Mill
201
Mountain Theater then held performances at that location prior to moving to Center
in the Square in 1983; a year later, the Grandin Theater reopened as a movie house,
but closed in late 1985 due to financial difficulties; in 1986, the Grandin Theater was
purchased by the Lindsey family, refurbished, and reopened as a commercial movie
house; the Theater once again began experiencing financial difficulty in 2000
because of market pressures, dramatic changes within the theater business, and the
high cost of needed capital improvements; in November 2000, the current owner, Ms.
Julie Hunsaker, made a public appeal for enhanced public support of the theater,
and as a direct result, the Grandin Theater Foundation, Inc., was formed by
concerned civic leaders and art patrons.
It was further advised that a Foundation plans to purchase the Grandin
Theater from the current owner at a cost of $402,000.00 and operate the theater as
a self-supporting business; in addition, the Foundation plans to make long overdue,
market-critical improvements to the facility at a cost of $825,000.00 (new wiring,
projection and sound equipment, seating, and refurbished bathrooms); operations
of the theater would be supervised by its long-time general manager, Kathy
Johnston, and the current owner, Julie Hunsaker, would be contractually retained
for two years to assist with booking and marketing; the Foundation's Business
Operations Committee will monitor theater activities on a weekly basis; the new
theater's pro forma budget projects annual income of $518,000.00 and annual
expenses of $471,829.00, for a net profit of $46,171.00; to fund purchase and
renovation costs of the theater, the Foundation is seeking public and community
financial support, and has specifically requested a total of $500,000.00 in City
funding, $100,000.00 within the next ten days and $80,000.00 per year for five fiscal
years beginning with fiscal year 2003.
It was explained that the Grandin Theater is Roanoke's last historic movie
theater and is the only theater of its kind left in the region; it is considered to be a
critical anchor in the Grandin Village community, contributing greatly to the quality
of life and providing an important community venue for speakers, music and
classes; the creation or retention of village centers like Grandin Village is a key
strategy in the Vision 2001 Comprehensive Plan recently adopted by Council; and
a contractual agreement with the Foundation has been prepared for consideration
by Council containing the following general conditions:
The Grandin Theater will continue to be operated as a movie theater,
unless the City agrees otherwise in writing;
The Foundation will pay real estate taxes on the Grandin Theater, as
assessed by the City;
202
Funds requested by the Foundation will be used solely for acquiring,
renovating and equipping of the Grandin Theater, and will not be
expended in the operation of the theater;
The Foundation will not request any additional City financial support to
subsidize operations of the theater;
City funds are to be matched with private funds raised by the
Foundation; and
If the theater is sold or conveyed by the Foundation to other than a non-
profit entity that will operate it as a theater, the Foundation will repay
to the City 50% of funds donated to the Foundation.
The City Manager recommended that she be authorized to execute a
contractual agreement with the Grandin Theater Foundation, Inc., to provide total
financial support of $500,000.00 to the Foundation over a six year period, with
$100,000.00 to be provided from the following sources at the execution o.:' the
agreement, and subject to certification that the Foundation has raised an equal
amount, and $80,000.00 will be budgeted annually from General Fund revenues for
five years, beginning with fiscal year 2003, subject to annual appropriation:
Undesignated Capital Funds
Capital Improvement Reserve - Buildings
(Account 008-052-9575-9173)
$97,000.00
3,000.00
Mr. Carder offered the following emergency budget ordinance:
(#35664-111901) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 290.) =.
Mr. Carder moved the adoption of Ordinance No. 35664-111901. The motion
was seconded by Mr. White.
Edward Walker, representing the Grandin Theater Foundation, advised that
the Theater's financial records are in excellent condition which enabled him to reach
certain historical averages. He stated that the day of the small independent theater
is over because profit margins are thin and it is unlikely that investors will
participate in that type of enterprise.
203
He advised that if placed in a non-profit mode, under non-profit leadership, .and
taking advantage of non-profit benefits such as tax deductible contributions from the
public, it appears that the Grandin Theater could net between five and ten per cent.
He stated that the Grandin Theater is important as an economic asset to the Grandin
Road community because it anchors approximately $5 million worth of commercial
real estate in the area.
Ms. Marguerite Garman, 2241 Memorial Avenue, S. W., spoke in support of
keeping the Grandin Theater open.
Ms. Sarah Hazelgrove, 2421 Crystal Spring Avenue, S. W., spoke in support
of keeping the Grandin Theater open. She stated that the theater is a popular and
unique facility because it promotes a variety of works and it is a Roanoke landmark,
thereby playing a major role in the popularity and prosperity of the Grandin Road
area. She noted that Roanoke takes pride in its historical landmarks such as the
Farmers' Market, the City Market Building, the Virginia Museum of Transportation
and the Hotel Earle, and requested that the Grandin Theater be added to the list of
City landmarks.
Ms. Anne Trinkle, Member of the Grandin Theater Foundation and Co-Chair of
Fund-Raising for the Foundation, 2855 South Jefferson Street, spoke in support of
keeping the Grandin Theater open. She stated that significant historical value will
be lost if the Grandin Theater is closed.
The City Attorney was requested to review certain revisions to the proposed
contract between the City and the Grandin Theater Foundation which were made in
response to suggestions offered by the Members of Council. He explained that the
original proposal stated that during the first five years of the agreement, if the
Foundation were to sell the Grandin Theater to some entity other than a non-profit
organization that would continue to operate the facility as a theater, the Foundation
would repay to the City 50 per cent of the funds donated by the City up to that time,
minus any credit for admissions taxes paid through that date. He stated that that
provision has now been changed, language relative to the admissions taxes has
been striken, and the amount of repayment would be 50 per cent of funds derived
from the sale of the theater after deducting any capital costs incurred or any
operating expenses that had not been paid off. He explained that other changes
were relatively minor.
Council Member Harris commended the agreement to Council and advised
that as an individual who lives and works in the Grandin Road area, keeping the
Grandin Theater open is critical to maintaining the vibrancy of the neighborhood's
commercial district.
204
Mr. Bestpitch inquired if the Grandin Theater is sold or conveyed and
expenses, capital and operating, are paid off and there are remaining funds after the
City receives its 50 per cent, what happens to the other 50 per cent. In the event of
that situation, he stated that the agreement should be worded in such a way that
would enable citizens to have their money returned if possible.
Under the scenario described by Mr. Bestpitch, Mr. Walker responded that
he would recommend a kind of mechanism that would either return the funds to the
public good or to a cultural institution/non-profit organization. He stated that it would
be almost impossible to return contributions on a percentage basis, however, the
City should rest assured that the Foundation does not wish to retain the 50 per cent
under the scenario described by Mr. Bestpitch.
Mr. Bestpitch requested suggestions from the City Attorney for incorporating
Mr. Walkers' response into the agreement; whereupon, the City Attorney advised
that when a non-profit organization has its articles of incorporation approved by the
Commonwealth of Virginia, the organization is governed by specific provisions in
the event of dissolution of assets of the corporation.
In response to a question raised by the Mayor as to whether the Foundation
would be willing to return remaining funds in their entirety to the City, Mr. Walker
advised that the Foundation would not contemplate returning 100 per cent of the
money to the City.
The Mayor advised that the agreement should be worded more strongly. He
stated that he could support the agreement only if the City pays a reasonable price
because he does not deem a closed theater to be worth three times its market value.
He stated that personally, he would like to save the Grandin Theater and will be
making his personal contribution, but he could not support the agreement presently
before Council on the basis that it does not represent a sound business decision.
Ordinance No. 35664-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Harris ..................................................................................................... -6.
NAYS: Mayor Smith ................................................................................ 1.
Mr. Bestpitch offered the following ordinance:
205
(#35665-111901) AN ORDINANCE authorizing the City Manager to enter into
an Agreement with Grandin Theater Foundation, Inc., to provide for funding by the
City in an amount up to $500,000.00 for the acquisition and renovation of the Grandin
Theater in the Grandin Village area of the City, upon certain terms and conditions to
provide benefits and services to the residents of the City and Southwestern Virginia;
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 291.)
Mr. Bestpitch moved the adoption of Ordinance No. 35665-111901. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Harris .......................................................................................................... -6.
NAYS: Mayor Smith .................................................................................. 1.
REPORTS OF COMMITTEES:
COUNCIL-LEGISLATION: Council Member William White, Sr., Chair,
Legislative Committee, presented a report of the Committee advising that on
October 29, 2001, Council's Legislative Committee met to review the proposed 2002
Legislative Program; whereupon, he recommended the program to Council for
favorable action. Mr. White also advised that the School Board's portion of the
Program was approved on November 13, 2001.
The Legislative Program includes the following components:
Items included in the proposed 2002 Legislative Program include:
City Charter Amendments
Education Funding
Roanoke Civic Center, Amphitheater and Stadium Improvements
Funding
Civic Facilities Competitiveness
TransDominion Express
Inspection of Rental Properties
Support for Virginia First Cities Coalition
First Cities Legislative Initiatives
School Board Priorities:
206
The major legislative priorities of the Roanoke City School Board are for the
State to:
Improve its share of funding public education based on the
results of the JLARC study;
Provide incentives for the recruitment and retention of teachers
and principals;
Maintain local governance over K-12 educational and
administrative issues;
Continue to support standards and consequence for school
accreditation that are non-punitive in nature;
Address student safety and discipline issues through additional
funding and program support; and
Enhance the State's support of school outlay projects through a
permanent funding source for school construction and debt
requirements.
Legislation the City Would Support:
Blight Related Remedies
Regional Competitiveness Act Funding
Aircraft Taxation and Incentives
Research and Development Tax Credit
Telecommunications Tax Collections
Policy Positions:
Commissions to Study Local Government Needs
State Support for Cultural Agencies and Activities
Mental Heath Funding
Transportation (Including Mass Transit) Funding
Interstate 73
Dangerous Weapons on Public Property
Standards for Adult Homes
Zoning Districts
Redevelopment Initiatives
207
General Policy Considerations:
The Federal and State governments should recognize that local
governments are the best vehicles for the delivery of many
services to the public because local governments are closest to
the people and the most responsive. Roanoke remains
concerned with the cumulative effort of Federal and State
legislative and regulatory mandates that have stressed the
serious financial problems of local governments. It is essential
that the State fully fund all State mandates, including public
employee salaries.
Roanoke is vitally concerned over the continued erosion of local
revenue sources. The General Assembly is urged to leave the
taxing authority and revenue sources of local government alone.
Additionally, the State should pay a greater share of the costs of
education and other services.
City Council calls upon the Governor and the General Assembly
to develop an economic development strategy for the
Commonwealth and its local governments. The strategy should
include special programs for those areas west of the Blue Ridge
Mountains and central cities across the Commonwealth.
Tourism and convention activities that enhance the economic
well being of the State and its political subdivisions should be
recognized as legitimate components of economic development.
The School Board's Legislative Program-FY2002-2004 Biennium
addressed such issues as State standards, legislative issues and
priorities, Standards of Learning, Pupil Services, Construction and
Technology, School Governance, and Governor's School Program.
Mr. White offered the following resolution:
(#35666-111901) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2002 Session of
the General Assembly.
(For full text of Resolution, see Resolution Book No. 65, page 292.)
Mr. White moved the adoption of Resolution No. 35666-111901. The motion
was seconded by Mr. Hudson.
208
Mr. Bestpitch called attention to that portion of the Legislative Program
regarding 1-73. He stated that the same statement has been included in the
Legislative Program for several years, even though Council has gone on record on
two occasions expressing concerns in regard to the route selected by the
Commonwealth Transportation Board for 1-73. He suggested that Council either
amend the item relating to 1-73 to reflect Council's concern, or delete the paragraph
in its entirety from the Legislative Program.
Mr. Harris and Ms. Wyatt concurred in Mr. Bestpitch's comments since the
statement regarding 1-73 is generic in nature and is not reflective of the Council's
actions regarding 1-73 as the subject has unfolded and developed with the Virginia
Department of Transportation.
Mr. White and Mr. Carder clarified that the Legislative Committee previously
agreed to delete 1-73 language from the proposed 2002 Legislative Program;
therefore, no reference to 1-73 should be included.
Mr. Hudson called attention to the item addressing dangerous weapons on
public property which could present a problem at the General Assembly level insofar
as approval of the City's proposed Charter amendments. .~
The Mayor advised that last year, the City submitted certain proposed City
Charter amendments to the General Assembly which were intended to correct out
dated and sometimes archaic language, but because language was included with
regard to regulating dangerous weapons on public property, the proposed Charter
amendments were not approved by the General Assembly. He stated that if the
City's current proposed City Charter revisions include regulation of dangerous
weapons on public property, it is conceivable that the proposed Charter
amendments will not be approved by the General Assembly at its 2002 session.
With regard to 1-73, the Mayor advised that it would be in the City's best
interest to be totally supportive of 1-73; however, he could support the deletion of
any reference to 1-73 in the proposed 2002 Legislative Program.
Ms. Wyatt spoke in support of including the item prohibiting dangerous
weapons on public property in the City's proposed Legislative Program. She stated
that the City should go on record that only police officers should be allowed to carry
dangerous weapons on City property.
209
Mr. Harris moved that the 2002 Legislative Program for the City of Roanoke be
adopted with the deletion of language relating to 1-73. The motion was seconded by
Mr. Bestpitch and adopted, Mayor Smith voted no.
Resolution No. 35666-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and
Harris ........................................................................................................... -6.
NAYS: Mayor Smith .................................................................................. 1.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
COUNCIL: Ordinance No. 35624, establishing the salary of the Mayor at
$18,000.00 per year and the Vice-Mayor and Council Members salary at $14,490.00
per year, having previously been before the Council for its first reading on Monday,
November 5, 2001, read and adopted on its first reading and laid over, was again
before the body, Mr. Bestpitch offering the following for its second reading and final
adoption:
(#35624-111901) AN ORDINANCE establishing the annual salaries of the
Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1,2002.
(For full text of Ordinance, see Ordinance Book No. 65, page 257.)
Mr. Bestpitch moved the adoption of Ordinance No. 35624-111901. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: Council Member Hudson ................................................................. 1.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
210
BUDGET-CITY EMPLOYEES-PENSIONS: Inasmuch as Social Security benefits
will increase by 2.6%, effective January 1, 2002, following discussion generated by
Mr. White, it was the consensus of Council that the question of a 2.6% cost of living
increase for City retirees be referred to the City Manager and the Director of Finance
for report and recommendation to Council during fiscal year 2002-03 budget study.
CITY EMPLOYEES-ROANOKE CiViC CENTER: Council Member Hudson
inquired about the status of the flu vaccine for City retirees. He questioned the
proposed locations for administering the vaccine and suggested the Roanoke Civic
Center as a potential site.
INSURANCE-BUDGET-CITY EMPLOYEES: Council Member Wyatt renewed a
previous inquiry regarding the status of prescription cards and/or contracting with
local pharmacies to provide medications for City employees at a reduced cost.
.. FIRE DEPARTMENT: Council Member Bestpitch referred to updates provided
bythe City Manager on the Fire/EMS Agreement with Roanoke County. He raised the
following questions for response during fiscal year 2002-03 budget study:
Inasmuch as the typical assignment for a fire engine, ladder
truck, etc. is four personnel, how often are there fewer than the
full number of assigned personnel actually available to staff
equipment?
How often are paid staff, either part-time or full-time, used to man
the volunteer rescue service, and how many are part-time staff
receiving no benefits?
CITY COUNCIL-CITY EMPLOYEES: Council Member Hudson expressed
concern that the City's supply warehouse function has been discontinued which
causes City employees to leave the job site to purchase supplies commercially.
CITY MANAGER COMMENTS:
CITY MANAGER: The City Manager advised that during the course of several
agenda items, statements were made that the City Manager and staff under the
jurisdiction of the City Manager may not be cooperating with other Council-
Appointed Officers. She stated that during her tenure as City Manager, Council-
Appointed Officers have worked cooperatively with the City Manager's staff to
approve agenda items relative to both financial and legal issues, and she has
worked with the Municipal Auditor to identify any needed improvements within the
organizational structure.
211
At this point, RVTV-Channel 3 coverage of the City Council meeting was
concluded.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred, without objection by Council, for
response, report and recommendation to Council.
TRAFFIC-ROANOKE CIVIC CENTER: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., commended the City for reopening the underpass at the Roanoke Civic Center
which relieves traffic congestion on Williamson Road and Orange Avenue.
COUNCIL: Ms. Helen E Davis, 35 Patton Avenue, N. E., expressed concern with
regard to matters effecting the northwest section of the City of Roanoke, i. e.:
rejection by the Housing Authority of requests by residents of Lincoln Terrace for
screen doors on their homes, fire protection, and a proposal regarding the future of
the Burrell Nursing Center. She requested that Council look at the entire City and
not just the northwest section of Roanoke.
At 5:50 p.m., the Mayor declared the Council meeting in recess to be
immediately reconvened in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, for a briefing on the extension of the
linear railwalk; and a follow-up briefing on the Roanoke Central Business District
Parking Study.
The City Council meeting reconvened at 6:00 p.m., in Room 159, Emergency
Operations Center Conference Room, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding and all Members of the
Council in attendance.
RAILSlDE LINEARWALK: Representatives of the Roanoke Valley Garden Club
briefed the Members of Council on a project in connection with the railside linear
walkway which is intended to beautify downtown Roanoke in the area of the Virginia
Museum of Transportation. They reviewed a sketch which was prepared by Hayes,
Seay, Mattern & Mattern detailing the proposed improvements, which are estimated
to cost in the range of $150,000.00, and will provide the link from Warehouse Row
to the Transportation Museum. They requested authorization by Council to proceed
with a fund-raising project for completion of this phase of the railwalk project. It was
noted that the Roanoke Valley Garden Club is prepared to commit approximately
$12,000.00 to a non-profit fund which will be earmarked for the proposed
beautification project.
212
The City Manager advised that if there is general agreement on the part of
Council to allow the right-of-way to be used in this fashion, the Roanoke Valley
Garden Club could begin marketing and fund rasing efforts for this last piece of the
property.
It was noted that Council was not meeting in official session; however, it was
the consensus of Council, informally, to support the request for fund rasing by the
Roanoke Valley Garden Club for linear rail walk beautification from Warehouse Row
to the Virginia Museum of Transportation.
TRAFFIC-CONSULTANTS' REPORTS: A representative of Wilbur Smith
Associates presented a summary of the Roanoke CBD Parking Study, dated
November 19, 2001.
The Executive Summary pointed out that considerable development and
change has occurred in recent years in the downtown Roanoke area; roadway
changes have included the upgrading of Wells Avenue and Gainsboro Road and the
two-way operation of several blocks of Salem and Campbell Avenues; developments
have included the Hotel Roanoke and Conference Center, First Union Tower and the
Higher Education Center; and significant new development is in various stages of
planning and development.
The study was undertaken to assess the changing parking needs of the
downtown area of Roanoke, including the Gainsboro neighborhood to the north, and
the Old Southwest neighborhood generally south and west of the CBD area; the
study quantifies existing and projected parking needs and includes
recommendations to address identified shortfalls; and solutions are presented
which are sensitive to impacts on the residential neighborhoods.
A parking chart was presented summarizing parking supply and demand
encompassing the Gainsboro, CBD and Old Southwest areas, showing a total
supply of 14,428 parking spaces, a demand for 11,779 spaces and a surplus of 2,649
spaces. Current parking supply within the study area consists of 456 Gainsboro
spaces, 9,364 downtown spaces and 4,608 Old Southwest spaces.
Demand within the block of the study area reflects peak accumulation of
parked vehicles and existing land use. With an inventory of 14,428 parking spaces
and a demand for 11,779 spaces, a surplus of 2,649 spaces exist in the Roanoke
area. It is important to note that this surplus represents a picture of the study area
as a whole, and does not mean that there are not any parking shortages in the
smaller sub-area.
213
Numerous proposed developments are expected to take place within the next
five years. Both the Gainsboro and Old Southwest areas will have limited
expansion; however, the downtown area anticipates considerable growth in the near
future. Major developments in the downtown area alone include: the Yard at Henry
Street (a mixed land use development plan being undertaken by the Roanoke
Neighborhood Development Corporation), a higher education center, an apartment
complex, further business expansion for the Hotel Roanoke and Conference Center
and a new fire station among numerous other projects. Using a combination of
parking needs resulting from the above mentioned growth and existing parking
demand, a basis is established on which future parking demand estimates can be
made.
A review of the future parking supply and demand for Gainsboro, CBD and Old
Southwest indicate a supply totaling 14,438 parking spaces, a demand for 12,974
and a surplus of 1,464. The parking summary indicates four areas of deficiency:
downtown 1 area (221 spaces), downtown 2 area (36 spaces), downtown 3 area (90
spaces) and Old Southwest 4 area (261 spaces). A significant surplus reduction also
occurs in Old Southwest Area 1, which changes from a surplus of 273 spaces today
to an 89 space projected surplus in 2005. Surplus spaces are seen in the downtown
3 area and the Old Southwest 1 area, with various blocks lying on the east and
center having significant numbers of excess spaces. However, large deficiencies
also occur, with the Old Southwest 4 area having a projected 312 space deficit.
Alternative Parking Strategies:
A variety of parking strategies were considered for Roanoke; i.e.:
increase parking supply, residential permit parking programs,
preferential parking for car and van pools, reduced minimum parking
requirements, parking maximums, shared parking, area wide parking
caps, fringe parking and park and ride lots, time-based pricing, vehicle
occupancy pricing, enforcement and marketing.
The Recommended Parking Plan:
Parking shortages in several of the core downtown areas are
anticipated if parking conditions are not addressed. Downtown
Roanoke is similar to many downtown areas in that parking shortages
exist in areas of high demand, but the downtown, as a whole, has
surplus parking.
214
This suggests that an appropriate approach is to provide some
additional parking in these targeted high demand areas, while also
better utilizing existing surplus parking. Generally, the highest priority
for providing additional parking is the areas that short term parking
demand - shoppers, visitors, etc. - is greatest. The better utilization of
existing surplus parking, generally in areas adjacent to higher demand
blocks, is most appropriate for long term (i.e. employee) parkers who
tend to be willing to walk several blocks to their place of employment.
Residential parking permit programs, which entail the prevention of
long term parking by commuters in residential communities have been
very popular from their offset in the 1970's. For the Roanoke area,
numerous subsections could be viable candidates for such program
implementation. However, surpluses suggest disadvantages could
outweigh advantages in this case.
Among some of the more realistic possibilities for parking solutions is
the shared parking approach. This involves minimizing needs through
utilization of existing and new parking facilities. This program allows
two or more proximal developments to meet local zoning requirements
while constructing fewer total parking spaces than would be required
if the two developments were treated separately. Conditions allowing
such an arrangement to take place are: close proximity to each
participating facility, time periods of operation not conflicting, and legal
enforceability. Enhanced parking conditions, increased user supply
and availability in addition to increased convenience would be the
results of such a plan.
Recommendations for Specific Areas Include:
Downtown 1 area - The Yard at Henry Street is projected to need
additional parking (which currently is being planned). Parking charges
will need to be minimal, otherwise, drivers will park in the adjacent
neighborhood.
Downtown 2 area - A deficit of 36 spaces, associated with the proposed
Railroad Station Visitor Center, suggest the need to acquire use of an
additional 40 spaces.
Downtown 3 area - A garage structure, ideally in the former Heironimus
Building area, is needed to meet future shortages. This structure could
serve the entire core commercial area of the CBD.
215
Old Southwest 1 area - The YMCA expansion should include additional
parking ensuring adequate parking supply in the area.
Old Southwest 4 area - It is assumed that the development of the
College of Health Sciences Building Office Building will be responsible
for ensuring parking supply equals demand.
Neighborhood Parking - Residential areas adjacent to commercial areas
should be periodically reviewed for parking spillover. Simple parking
surveys can be conducted to quantify any spillover. Measures such as
increased enforcement, parking restrictions and permit parking can be
considered.
Sugci_ested Initial Strategic Steps to Take:
Ensure that Jefferson Street development involving the Heironimus
Building area includes additional parking to serve commercial/retail
core area;
More aggressively pursue a shared parking program, taking advantage
of available parking in the downtown core, within walking distance for
employees; and
Set up a process for evaluating residential area parking concerns.
Following discussion and questions by the Mayor and Members of Council,
at 6:35 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City
Council Chamber.
On Monday, November 19, 2001, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris, and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ..... ~.
216
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
TAXES-YOUTH: 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 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of the Boys and Girls Clubs of Roanoke Valley, Inc., for designation
of property identified as Official Tax Nos. 4240101 and 4240105, located at 1714 9th
Street, S. E., to be exempted from taxation, the matter was before the body.
;'- Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, November 9, 2001 and in The Roanoke Tribune on
Thursday, November 15, 2001.
The City Manager submitted a communication advising that the Boys and Girls
Clubs of Roanoke Valley, Inc., owns property described as Official Tax Nos. 4240101
and 4240105, located at 1714 9th Street, S. E.; the property will be used for the
purpose of housing administrative offices and providing daily after school and
summer activities for youth members in the southeast quadrant of the City; annual
taxes due for fiscal year 2001-02 are $6,491.54, with an assessed value of $82,900.00
for the land and $453,600.00 for the building; the Boys and Girls Clubs petitioned
Council in October 2001, for adoption of a resolution in support of the organization
obtaining tax-exempt status from the General Assembly; and the organization has
voluntarily agreed to pay a 20% service charge in lieu of real estate taxes per
Council's current policy.
It was further advised that the Boys and Girls Clubs of Roanoke Valley, Inc.,
currently receive financial support from the City in the amount of $3,000.00 from the
Human Services Committee and $13,642.00 in Community Development Block Grant
funds; loss of revenue to the City will be $5,193.21 after a 20% service charge is
levied in lieu of real estate taxes in the amount of $1,298.33; the Commissioner of
the Revenue has determined that the organization is not exempt from paying real
estate taxes by classification or designation under the Code of Virginia and the
Internal Revenue Service recognizes the organization as a 501(c)3 tax-exempt
organization.
217
The City Manager recommended that Council support the Boys and Girls
Clubs of Roanoke Valley, Inc., exemption from taxation to the General Assembly,
pursuant to Article X, Section 6(a)6 of the Constitution of Virginia.
Mr. White offered the following resolution:
(#35667-111901) A RESOLUTION supporting tax exemption of certain property
in the City of Roanoke owned by the Boys & Girls Clubs of Roanoke Valley, 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. 65, page 293.)
Mr. White moved the adoption of Resolution No. 35667-111901. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. Them being none, Resolution No. 35667-111901
was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Herris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
The Mayor declared the public hearing closed.
TAXES: 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 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of United Human Services Transportation System, Inc., for
designation of property identified as Official Tax Nos. 1311221,2410101, 2410301 -
2410306, inclusive, to be exempted from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, November 9, 2001 and in The Roanoke Tribune_. on
Thursday, November 15, 2001.
The City Manager submitted a communication advising that the Unified Human
Services Transportation System, Inc., which transacts business as RADAR, owns the
property known as Official Tax Nos. 1311221, 2410101, 2410301 through 2410306,
inclusive; property includes housing of administrative offices to provide an efficient
and cost effective transportation system to the elderly, disabled, indigent, and other
218
persons who may require the provision of specialized transportation; annual taxes
due for 2001-02 were $4,466.06 on an assessed value of $214,500.00 for the land and
$154,600.00 for the building; RADAR petitioned Council in November 2001, for
adoption of a resolution in support of the organization obtaining tax-exempt status
from the General Assembly on property located in the City of Roanoke; loss of
revenue to the City will be $3,572.85, after a 20 per cent service charge is levied by
the City in lieu of real estate taxes and the service charge will be $893.21; the
Commissioner of the Revenue has determined that the organization is not exempt
from paying real estate taxes by classification or designation under the Code of
Virginia; and the Internal Revenue Service recognizes the organization as a 501(c)3
tax-exempt organization.
The City Manager recommended that Council support the request of RADAR
for exemption from taxation to the General Assembly, pursuant to Article X, Section
6(a)6 of the Constitution of Virginia.
Mr. Carder offered the following resolution:
(#35668-111901) A RESOLUTION supporting tax exemption of certain property
in the City of Roanoke owned by the Unified Human Services Transportation System,
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. 65, page 295.)
Mr. Carder moved the adoption of Resolution No. 35668-111901. 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; whereupon, Wilburn C. Dibling. Jr., Attorney,
appeared before Council in support of the request of RADAR.
Mr. Bestpitch requested information on the precise location of the property
requested for tax exemption; whereupon, Mr. Dibling advised that the garage and
operations center are located on Salem Avenue, and RADAR has acquired property
on Johnson Avenue and 30th Street, N. W., which are also included in the request for
tax exemption. He stated that RADAR proposes to construct new facilities on
Johnson Avenue, at which time the property on Salem Avenue would be sold and
returned to the City's tax roles.
With regard to future requests for real estate tax exemption; Mr. Bestpitch
requested that a street address be included in the application.
219
Ms. Wyatt expressed her intent to vote against the request of RADAR. In
clarification, she stated that the services provided by RADAR should be from the
client's personal residence to the RADAR vehicle and vice versa, in order to address
the needs of a clientele requiring additional assistance. Upon submitting her
proposal to RADAR, she explained that RADAR stated that the question relates to
insurance/liability issues; however, RADAR has requested real estate tax exemption
on its property which will provide an additional $3,500.00, yet RADAR is unwilling to
apply the additional funds toward insurance coverage for its clients.
The Mayor advised that he will support the request of RADAR; however, all
persons/organizations should be responsible for paying their real estate taxes, and
Council should use its discretion in authorizing rebates.
Resolution No. 35668-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: Council MemberWyatt .............................................................. 1.
The Mayor declared the public hearing closed.
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 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of AMVETS-Post #40, John Harvey Memorial, to rezone property
located at 917 Tazewell Avenue, S. E., identified as Official Tax No. 4112106, from
RM-2, Residential Multi-family, 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 Friday, November 2, 2001 and Friday, November 9, 2001, and
in The Roanoke Tribune on Thursday, November 15, 2001.
A report of the City Planning Commission advising that the purpose of the
petition is to rezone the property for use as a parking lot for the adjacent AMVETS
post, pursuant to the following conditions, was before Council:
That the property will be developed in substantial conformity
with the concept plan prepared by David A. Bess, L.L.C., dated
August 29, 2001, subject to any changes required by the City
during site plan review.
220
There will be no curb cut where the property to be rezoned
adjoins Tazewell Avenue, S. E.
The Petitionerwill retain the existing concrete retaining wall near
the northerly boundary of the property to be rezoned.
The City Planning Commission recommended that Council approve the
request for rezoning, subject to the proffered conditions.
Mr. Carder offered the following ordinance:
(#35669-111901) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 297.)
Mr. Carder moved the adoption of Ordinance No. 35669-111901. 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; whereupon, James Joyce, Attorney, appeared
before Council in support of the request of his client.
Mr. Earl Elkins, 921 Tazewell Avenue, S. E., appeared before Council in
support of the request.
Mr. Bestpitch expressed concern that the City Planning Commission has
presented its recommendation to Council on a four- three vote which should warrant
close scrutiny by Council. He stated that City staff recommended denial of the
request because it is not consistent with the City's Comprehensive Plan, it will
encourage more off street parking in a village center, increase impervious surface,
expand an excessively large surface parking lot, and expand commercial uses
beyond a defined village center. He inquired if there is a way to provide a more
suitable surface other than asphalt. He stated that there was considerable
discussion regarding economic development, village centers, improving housing in
neighborhoods, and limiting the amount of impervious surfaces to reduce water run
off in the City's Comprehensive Plan. Although he appreciates .the work of the
AMVETS organization, he inquired as to when Council intends to become serious
about implementing the Comprehensive Plan. He referred to the current availa!~ility
221
of on street parking on 9th Street, 10th Street and Tazewell Avenue. He stated that it
was his intent to vote against the rezoning in order to support not only the technical
requirements of the Comprehensive Plan, but the vision for the Comprehensive
Plan, the concepts that shape the Comprehensive Plan and the direction that is more
advantageous for the City of Roanoke in the long term.
Ordinance No. 35669-111901 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: Council Member Bestpitch .............................................................. 1.
The Mayor declared the public hearing closed.
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 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of A. Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and TLC
Properties, Inc., to rezone properties on Orange Avenue, N. E., identified as Official
Tax Nos. 3210101,3210105 - 3210119, inclusive, and an undeveloped portion of Light
Street, N. E., from LM, Light Manufacturing District, to C-2, General Commercial
District, subject to certain conditions proffered by the petitioners, the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, November 2, 2001 and Friday, November 9, 2001, and
in The Roanoke Tribune on Thursday, November 15, 2001.
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to place an existing convenience store in a conforming
zoning district and allow for future expansion and development of the tract of land
for additional commercial uses which are undetermined at this time, was before
Council.
The City Planning Commission recommended that Council approve the
request for rezoning, inasmuch as the proposed zoning and future development is
consistent with the Comprehensive Plan in that it will encourage appropriate
commercial redevelopment at the intersection of Orange Avenue and 13th Street,
N.E.
Mr. Bestpitch offered the following ordinance:
222
(#35670-111901) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 321 and 322, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City; and dispensing with the
second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 299.)
Mr. Bestpitch moved the adoption of Ordinance No. 35670-111901. The m6tion
was seconded by Mr. White.
W. F. Mason, Attorney, Jr., appeared before Council in support of the request
of his clients.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35670-111901
was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 7.
NAYS: None .... - ................................................................................. -0.
The Mayor declared the public hearing closed.
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 19, 2001, 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 properties located on
Vinyard Avenue, N. E., described as Official Tax Nos. 7040601 - 7040606, inclusive,
from LM, Light Manufacturing District, to RS-3, Residential Single Family 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 Sunday, November 4, 2001 and Saturday, November 10, 2001,
and in The Roanoke Tribune on Thursday, November 15, 2001.
A report of the City Planning Commission advising that the purpose of the
application is to rezone the lots to their existing residential use; said properties are
currently used as single-family dwellings, but are zoned for light manufacturing
purposes; and Official Tax No. 7040701 is vacant land, was before Council.
223
The City Planning Commission recommended that Council approve the
request for rezoning, inasmuch as the area is inappropriately zoned for light
manufacturing and should be zoned residential to reflect its existing land use.
Mr. White offered the following ordinance:
(#35671-111901) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 704, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City; and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 300.)
Mr. White moved the adoption of Ordinance No. 35671-111901. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35671-111901
was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................. -0.
The Mayor declared the public hearing closed.
CITY CODE-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 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, with regard to a proposed amendment of Section 36.1-397, Zoning, Code
of the City of Roanoke (1979), as amended, by adding a new subsection (11)
manufacturing establishments as a permitted use in the INPUD, Institutional Planned
Unit Development District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, November 2, 2001 and Friday, November 9, 2001', and
in The Roanoke Tribune on Thursday, November 15, 2001.
A report of the City Planning Commission advising that the purpose of the
proposed amendment is to allow for manufacturing establishments as a permitted
use in the Institutional Planned Unit Development District (INPUD), was before
Council.
224
The City Planning Commission recommended that Council approve the
amendment to Section 36.1-397 of the Code of the City of Roanoke (1979), as
amended, to allow for manufacturing establishments as a permitted use in the
INPUD, inasmuch as the proposed amendment is consistent with the Vision 2001
Comprehensive Plan and would provide greater flexibility for applicants considering
using the INPUD and address technological changes in the medical field.
Mr. Hudson offered the following ordinance:
(#35672-111901) AN ORDINANCE amending and reordaining §36.1-397,
Permitted uses, Subdivision H, INPUD, Institutional Planned Unit Development
District, Division 5, Special District Regulations, Article III, District Regulations,
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by the
addition of a new subsection (11) to allow manufacturing establishments as a
permitted use in the INPUD, Institutional Planned Unit Development District; and
dispensing with the second reading of the title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 302.)
Mr. Hudson moved the adoption of Ordinance No. 35672-111901. The motion
was seconded by Mr. Harris.
Following discussion, it was the consensus of Council to delete the word
"new" from §36.1-397 Permitted Uses, Subsection 11, Chapter 36.1, Zoning, Code
of the City of Roanoke (1979), as amended.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. Them being none, Ordinance No. 35672-111901
was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -7.
NAYS: None 0.
The Mayor declared the public hearing closed.
BUILDINGS/BUILDING DEPARTMENT-CITY PROPERTY-WESTERN VIRGINIA
FOUNDATION FOR THE ARTS AND SClENCES-IMAX THEATRE: 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 19, 2001, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to conveyance of City-
owned property, containing 0.858 acre, identified as Official Tax No. 4010205, to the
225
Western Virginia Foundation for the Arts and Sciences for design, development and
construction of a new building or complex to house the Art Museum and IMAX
Theatre, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, November 9, 2001, and in The Roanoke Tribune on
Thursday, November 15, 2001.
A report of the City Manager advising that an Agreement between the City and
the Art Museum of Western Virginia for the design, development and construction
of a new building or complex to house the Art Museum and IMAX Theatre was
entered into on October 4, 2000; the City wishes to convey property containing 0.858
acre, identified as Official Tax No. 4010205 to the Western Virginia Foundation for
the Arts and Sciences for construction of the project; and actual conveyance would
not be made until such time as the Foundation certifies to the City that the Art
Museum has a binding contract with a contractor to commence construction of the
project, and that the property is needed for such purpose, was before Council.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents to donate the property to the
Western Virginia Foundation for the Arts and Sciences, such documents to be
approved as to form by the City Attorney, with the Grantee to be responsible for all
title work, surveying, plat preparation, and preparation of legal documents.
Mr. Bestpitch offered the following ordinance:
(#35673-111901) AN ORDINANCE authorizing the City Manager to execute the
necessary documents providing for conveyance for nominal consideration to
Western Virginia Foundation for the Arts and Sciences that property owned by the
City, bearing Official Tax No. 4010205, containing 0.858 acre, located between
Norfolk and Salem Avenues and west of Market Street, upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 303.)
Mr. Bestpitch moved the adoption of Ordinance No. 35673-111901. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35673-111901
was adopted by the following vote:
226
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ......................................................................................... -7.
NAYS: None ...................................................................................... -0.
The Mayor declared the public hearing closed.
CITY CODE-LEGISLATION-ZONING: Pursuant to action of the Legislative
Committee, the City Clerk having advertised a public hearing for Monday,
November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on a request of the City of Roanoke that the General Assembly of Virginia make
certain amendments to the Roanoke Charter of 1952, as amended, in order to
remove certain archaic language and outdated, outmoded and unnecessary
provisions therein, to conform certain provisions in the Charter to current State
enabling laws, to streamline the City's legislative process, to require that certain
Council-Appointed officers reside within the City, to provide for the appointment of
a deputy and assistant city managers, to increase the threshold for bidding and
contracts for public improvements from thirty to fifty thousand dollars, to increase
the threshold for change orders that must be approved by City Council from twenty-
five thousand dollars to fifty thousand dollars or twenty-five per cent of the contract,
whichever is greater, to increase the size of the City's Board of Zoning Appeals to
seven members and to delete the requirement that the Board authorize special
exceptions to the City's zoning ordinance, and, in general to make more efficient the
operation of City government, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, November 8, 2001 and in The Roanoke Tribune on
Thursday, November 15, 2001.
A report of the Legislative Committee advising that the Committee reviewed
the proposed amendments to the City Charter and concurred in the scheduling of
a public hearing in order to obtain the views of citizens on proposed amendments,
was before Council.
The Legislative Committee recommended that Council adopt a resolution
requesting the proposed amendments to the City Charter. It was noted that if
Council concurs in and adopts the proposed resolution, State Code requires that the
City forward the resolution and certain other documents to the City's legislative
delegation, with the request that a bill be introduced in the 2002 Session of the
General Assembly to amend the City Charter as proposed.
Mr. White offered the following resolution:
227
(#35674-111901) A RESOLUTION requesting the 2002 Session of the General
Assembly to amend various sections of the existing Roanoke Charter of 1952 in
order to modernize it, remove certain provisions and language therefrom and to
provide in general for more efficient and effective legislative processes and
municipal operations in the City.
(For full text of Resolution, see Resolution Book No. 65, page 304.)
Mr. White moved the adoption of Resolution No. 35674-111901. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
the matter; whereupon, Joel M. Richert, Member, Board of Zoning Appeals, spoke
in connection with deleting the requirement that the Board of Zoning Appeals
authorize special exceptions to the City's Zoning Ordinance (page 72 of the
proposed City Charter amendments), which, in effect, would abolish the authority of
the Board to rule on special exceptions. She advised that members of the Board of
Zoning Appeals are required by Council to participate in an intensive training course
consisting of four days with 12 weeks of homework assignments on zoning cases.
She stated that Board members understand the intent of the Zoning Ordinance and
are qualified to hear requests for special exceptions; and each zoning classification
has certain permitted uses by law, however, special exceptions are sometimes
permitted with a hearing and may be subject to certain conditions, or rejected as
inappropriate. She explained that in order to protect adjacent property owners, a
thorough knowledge of the City's Comprehensive Plan is important; in the year 2000,
the Board of Zoning Appeals heard 53 special exception cases and each case lasted
approximately 30 minutes; and there are instances when a special exception and a
variance are both needed in the same case; therefore, it is appropriate that such
cases be heard at the same time. She requested that her concerns be considered
as a part of proposed City Code revisions which are currently in progress and in
conjunction with a consultant's study of the Zoning Ordinance which is intended to
address archaic language and recommend revisions.
There was discussion in which it was pointed out that the recommendation
was the result of a report of a subcommittee composed of Vice-Mayor Carder,
Council Member Wyatt, the City Manager, City Attorney and City Clerk with regard
to restructuring of certain Council-Appointed authorities, boards, commissions and
committees. The City Manager advised that a survey conducted by City staff
revealed that in a majority of communities, members of the Board of Zoning Appeals
are appointed by the Circuit Court; however, the Roanoke City Charter allows
appointments to be made by City Council. She spoke in support of the
abovereferenced proposed Charter amendment.
228
Following further discussion of the matter, Mr. Harris moved that the proposed
City Charter amendments be amended on page 72 to retain the following language,
thereby allowing the Board of Zoning Appeals to continue to hear special
exceptions: "To hear and decide special exceptions to the terms of the ordinance
upon which such board is required to pass under such ordinance." The motion was
seconded by Mr. Carder and adopted, Mayor Smith voted no.
No other persons wishing to address Council, Resolution No. 35674-111901
was adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, White, Harris, and
Carder ........... 6.
NAYS: Mayor Smith ................................................................................ 1.
At this point, the Mayor announced that RVTV Channel 3 coverage of the City
Council meeting would conclude.
OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time
as a priority for citizens to be heard; and matters requiring referral to the City
Manager will be referred immediately, without objection by Council, for response,
report or recommendation to Council.
COMPLAINTS-CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
requested clarification with regard to how City Council meetings are conducted, i. e.:
confusion over time limitations established for speakers, etc.
COMPLAINTS-CITY COUNCIL: Mr. Robert D. Gravely, 617 Hanover Avenue,
N. W., expressed concern with regard to inner City needs, advantages offered bythe
City to big businesses, safety of elderly citizens, excessive traffic and speeding on
Orange Avenue, N. E., inadequate street lighting in certain areas of the City, certain
practices of the Roanoke Redevelopment and Housing Authority, drug trafficking in
the City of Roanoke, and inadequate wages for City workers.
At 8:25 p.m., the Mayor declared the Council meeting in recess for two Closed
Sessions which were previously approved by Council.
At 8:45 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, Mayor Smith presiding.
229
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................. -7.
NAYS: None ....................................................................................... --0.
At 8:50 p.m., the Mayor declared the City Council meeting in recess to be
reconvened on Monday, November 26, 2001, at 9:00 a.m., at Virginia's Explore Park,
3900 Rutrough Road, S. E., at which time Council will. participate in a joint retreat
with the Roanoke City School Board.
The City Council meeting reconvened on Monday, November 26, 2001, at 9:00
a.m., in the Blue Ridge Room at the Arthur Taubman Welcome Center, Explore Park,
for a City Council/Roanoke City School Board Planning Retreat, with Mayor
Ralph K. Smith and School Board Chair Sherman P. Lea presiding.
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., Linda F. Wyatt, William White, Sr., and Mayor
Ralph K. Smith ................................................................................................. -7.
ABSENT: None ................................................................................. --0.
SCHOOL TRUSTEES PRESENT: Charles W. Day, Marsha W. Ellison,
Gloria P. Manns, Melinda J. Payne, Ruth C. Wilson, Brian J. Wishneff, and Chairman
Sherman P. Lea ............................................................................................. -7.
ABSENT: None .....
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Mary F. Parker, City Clerk; E. Wayne Harris, Superintendent, Roanoke
City Public Schools; and Cindy L. Lee, Clerk to the School Board.
COUNCIL-SCHOOLS: The retreat was facilitated by Lyle Sumek, Lyle Sumek
Associates. Mr. Sumek advised that the proposed agenda would consist of the
following items, but could be revised as the day progresses:
230
I. Team Work and Leadership
II. Understanding:
How we see ourselves
How we see others
How we think others see us
Message to others
III. Quality Education:
Definition
Major Challenges
IV. Goals and Responsibilities:
Definition of success
Need to be successful
V. Common Agenda for 2002:
Issues
Priorities
VI. Process for Working Together:
Communications
Problem-solving mechanism
VII. Other Topics:
VIII. Commitments to Action:
Mr. Sumek advised that the desired outcomes will be: a better understanding
of Roanoke's children - common goal, understanding and respecting roles and
responsibilities of each other, the process for working together, and moving be~,ond
the past.
Following discussion with regard to the definition of a leader, Mr. Sumek
requested that Council Members and School Trustees break into two groups and
respond to the following questions:
231
How do we see ourselves?
How do we see others?
How do we think others see us?
Message to others?
He asked that the two groups identify the top two - three responses for each
question, with the City Manager and the School Superintendent serving as recorders
for their respective groups.
Following completion of the exercise, the two groups reported their responses
which generated discussion regarding accountability issues, the recent School
Board audit, and the need to open the lines of communication between the two
bodies.
Mr. Sumek summarized responses to the above exercise, i.e.:
Be sensitive to the forum and sharing of information,
It is okay to be passionate about an issue,
Separate the individual message from the collective message,
Make sure that the message is clear,
Take responsibility as the receiver of the message to clarify the
message,
Avoid over reacting to one incident,
Re-establish communications,
Learn how to work more effectively together, and
When there is a crisis, continue to be willing to communicate and to
agree that the two bodies need to sit down together and work out a
solution.
At 12:00 noon, the meeting was declared in recess for lunch.
At 12:25 p.m., the meeting reconvened.
(At this point, Council Member Harris left the meeting.)
232
Council Members and School Trustees were requested to break into groups
of three to respond to the following questions: ;
The best education in Roanoke means?
What are the major challenges over the next one to five years?
(At 12:45 p.m., Council Members Hudson and White left the meeting.)
As a result of the morning exercise, Mr. Sumek summarized the following
points:
CITY COUNCIL:
Establish vision and goals,
Determine policy,
Develop financial policy and manage financial resources,
Establish guidelines and hold the School Board accountable,
Work with the School Board to share information, to solve problems and to
address issues,
Be an advocate of the City and quality education/serve as the City's corporate
board of directors.
SCHOOL BOARD:
Determine policy/School system vision,
Establish goals and direct vision budget,
Be an advocate for the schools and quality education,
Work with Council to share information, to solve problems and to address
issues,
Monitor "manage" school resources,
Listen to the community,
233
Educate the community on education in school issues and opportunities, and
Serve as a Board of Directors for the education system.
Council Members and School Trustees participated in an exercise in which
they were requested to respond to the following questions:
Identify what action you are willing to take to contribute to being successful.
What do you need from the other group to be successful?
Identify from your group's perspective four of the most important short term
issues that need attention (issues for joint problem solving).
Mr. Sumek advised that the session is intended to lay the foundation for the
future. He urged that the two bodies not over commit because it is easy to create
false expectations that sometimes are not fulfilled. He stated that within the next
week, he would provide the City Manager with a summary of the retreat from his
perspective and urged that two Council Members and two School Trustees review
the material and submit a report summarizing the retreat.
Actions for success were identified as follows:
To foster better communications by following protocol, i.e.: the Mayor
will communicate with the School Board Chair and the School Board
Chair will communicate with the Mayor,
Reassess the joint meeting format,
Improve communications,
Be more sensitive to comments made in public.
Joint efforts by Council and the School Board to market the school
system.
Re-institute monthly presentations by the School Board at City Council
meetings.
Joint efforts include:
Athletic facilities,
234 -
Market schools in the community,
Communication piece,
Budget.
Collective actions include:
Establish procedures for joint problem solving using two School Board
Members and two City Council Members to address issues,
Establish a "buddy" system as follows:
Mayor Smith Chairman Lea
Vice-Mayor Carder - Mr. Wishneff
Mr. Hudson Ms. Willson
Ms. Wyatt - Ms. Payne
Mr. White - Ms. Manns
Mr. Bestpitch - Mr. Day
Mr. Harris . Ms. Ellison
Mr. Sumek suggested that by the end of the fiscal year, each School Trustee
should have contacted their Council "buddy" on at least two occasions.
The City Manager offered the assistance of City staff to present briefings to
the School Board with regard to City projects or programs of interest.
There was discussion with regard to establishing four groups to ad(~,~ess
issues relating to athletics, budget, marketing and coordination of services which
would be composed of two School Board Members and two City Council Members,
and Mr. Sumek suggested that it would be advantageous to appoint individuals with
differing perspectives.
As a follow-up to the retreat, Mr. Sumek suggested that the City Manager, the
Superintendent of Schools, the Mayor, the Chair of the School Board, a City Council
Member and a School Trustee review the summary of information that will be
forwarded to the City Manager. He advised that the real challenge is where do the
two bodies go from this point, and the success of the retreat will be determined by
the actions of each individual, along with the collective actions of the Council and
the School Board.
235
Chairman Lea called attention to a study of the Roanoke City Schools Human
Resources Department by individuals involved in the Human Resources field from
across the Commonwealth of Virginia. He stated that the group spent a
considerable amount of time interviewing staffofthe Human Resources Department,
School Trustees and school principals, etc., and approximately ten commendations
were made and 29 recommendations were submitted for improvements which are
proposed for implementation between now and July 1, 2002. He explained that the
School Board and School Superintendent are addressing the recommendations and
the City's Municipal Auditor has been provided with a copy of the recommendations.
There was discussion with regard to the issue of sports districts and
implementing a Roanoke Valley Sports District to be composed of four Roanoke
County schools, the City of Salem and the City of Roanoke which could be another
Blue Ridge District. It was noted that there have been discussions with
representatives of Roanoke County and the City of Salem who have expressed an
interest in participating.
There being no further business, the meeting was adjourned at 3:15 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
236
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 3, 2001
12:15 p. m.
The Council of the City of Roanoke met in regular session on Monday,
December 3, 2001, at 12:15 p. m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, ,5. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Recjular Meetin~ls, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., William H. Carder,
Linda F. Wyatt, W. Alvin Hudson, Jr., C. Nelson Harris, William D. Bestpitch and
Mayor Ralph K. Smith ....................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel mz:=.ters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch and
Mayor Smith ................................................................................................... 7.
NAYS: None ......................................................................................... 0.
DIRECTOR OF FINANCE-COMMITTEES-COUNCIL: A communication from
Council Member C. Nelson Harris, Chair, City Council's Personnel Committee,
requesting that Council convene in a Closed Meeting to discuss appointment of a
new Director of Finance, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended.
237
Mr. Carder moved that Council concur in the request of Council Member
Harris, Chair, City Council's Personnel Committee, to convene in a Closed Meeting
to discuss appointment of a new Director of Finance, pursuant to Section
2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch and
Mayor Smith ................................................................................................... 7.
NAYS: None ........................................................................................ -0.
At 12:17 p. m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a meeting of City Council, the Roanoke City School Board, and area legislators.
At 12:20 p. m., the Council meeting reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., with Mayor Smith and School Board Chair, Sherman P. Lea presiding.
CITY COUNCIL MEMBERS PRESENT: William White, Sr., William H. C~,.'der,
Linda F. Wyatt, W. Alvin Hudson, Jr., C. Nelson Harris, William D. Bestpith and
Mayor Ralph K. Smith ...................................................................................... 7.
ABSENT: None ..................................................................................... -0.
SCHOOL TRUSTEES PRESENT: Charles W. Day, Marsha W. Ellison,
Gloria O. Manns, Ruth C. Willson, and Sherman P. Lea ......................................... 5.
ABSENT: Melinda J. Payne and Brian J. Wishneff- ...................................... 2.
OTHERS PRESENT: John L. Edwards, State Senator; Delegate
A. Victor Thomas; Delegate Clifton A. Woodrum, III; Darlene L. Burcham, City
Manager; William M. Hackworth, CityAttorney; James D. Grisso, Director of Finance;
Mary F. Parker, City Clerk; E. Wayne Harris, Superintendent, Roanoke City Public
Schools; Cindy L. Lee, Clerk to the Roanoke City School Board; Legislative ;-.!des
Allison Baird, Clara Crouch and Brian Shepherd; and Thomas A. Dick, City of
Roanoke Legislative Liaison.
On behalf of the Members of Council, the Mayor welcomed Senator Edwards,
Delegate Thomas, Delegate Woodrum and their respective legislative aides to the
meeting.
Following lunch, the business session convened at 12:45 p. m.
238 -
The Mayor advised that the purpose of the meeting was to discuss the City of
Roanoke and the Roanoke City Public Schools 2002 Legislative Programs.
On behalf of the School Board, Chairman Lea expressed appreciation for the
opportunity to meet with the City's delegation to the General Assembly to discuss
the needs of the Roanoke City Public Schools.
Thomas A. Dick, City of Roanoke Legislative Liaison, presented an overview
of the City's proposed 2002 Legislative Program.
Charles W. Day, Roanoke City School Board representative to the Legislative
Committee, presented highlights of the School's proposed 2002 Legislative
Program.
Senator Edwards advised that 2002 will be a particularly difficult year at the
General Assembly level with decreasing revenue figures. At the same time, he noted
that the Commonwealth of Virginia has a new Governor and new budgetary priorities
will be established. He stated that fully funding the Standards of Quality would_ not
only help to solve the larger problems associated with education in Virginia, but
also the fiscal problems experienced by many localities. He noted that the
Lieutenant Governor has discussed the need to increase State funding to the
statutory level of 55 per cent, the level is now approximately 43 per cent, the State
has not been within the five per cent level of actually fully funding educational needs
for many years, and it is a worthy goal that the State should strive to achieve.
He advised that for several years, he has advocated a trust fund in which
localities could pool their lottery funds to be used for infrastructure needs, with
funds to be disbursed to localities based on a formula which would provide a stream
of money in which to bond against. He explained that the City of Roanoke would
receive approximately $3.4 million annually, the benefit of which would be a
permanent stream of revenue; and progress has been made on the initiative in the
last three to four years.
He stated that Roanoke has done an excellent job in reducing the number of
students per school class room size and Roanoke enjoys reputation of having an
outstanding public education system. He commended the City on moving forward
with the passenger rail station renovation to a visitor's center and the
O. Winston Link Museum which is an initiative that will help to develop the area and
move forward with the concept of the TransDominion Express. He stated that he has
enjoyed working with City and School representatives on legislative issues, and
expressed support of the City's legislative agenda.
239
Delegate Thomas also called attention to difficult financial times ahead if~ the
2002 Session of the General Assembly and advised that he will continue to work with
Senator Edwards and Delegate Woodrum and others in order to represent the
interests of localities similar to Roanoke to ensure that additional burdens are not
placed on those localities. He encouraged the localities to band together to
overcome funding obstacles, and pledged his support to the City and the School
Board in addressing the needs of the City and its school system.
Delegate Woodrum commended City staff and School staff, as well as the
City's legislative liaison, Thomas Dick, on their efforts to move the City of Roanoke
forward. He advised that teacher retention and recruitment relates to paying
satisfactory salaries because if educators are properly compensated, teacher
retention and recruitment will not be a problem for the locality. He commended the
City and the Schools on their 2002 Legislative Program and pledged his support in
efforts to obtain as much funding as possible for Southwest Virginia.
Vice-Mayor Carder advised that the Commonwealth of Virginia is one of the
lowest tax states in the United States, and expressed concern with regard to how the
City can continue to provide services without increasing its revenue base. He asked
that the General Assembly provide local governments with more flexibility with
regard to raising revenues. He called attention to the South Jefferson Street
Revitalization Plan which is currently in progress and advised that the City would
save money if it were afforded some of the same revitalization incentives that
counties and rural areas receive for the re-use of brown fields. He asked that
emphasis be placed on revitalization efforts.
Mr. Bestpitch advised that a comprehensive restructuring of the total tax
system and revenue sharing of the income tax with localities is needed. He called
attention to the need for City Council, the School Board, constituents, and other
counter parts in Virginia localities to work together with the General Assembly to
review the matter and to establish a significant restructuring of the entire tax
system.
Over a period of time, the City Manager advised that there has been a dramatic
change in representation to the General Assembly as urban communities have
become smaller and population has moved to the rural and suburban areas. Some
years ago, she stated that the City of Roanoke was one of several cities that initiated
what has now become known as the First Cities Coalition composed of 14 members.
She explained that banning together with localities that are experiencing similar
problems may provide a route to future success, because speaking as a larger group
rather than a single community will generate more action. She concurred with
previous comments that restructuring of the revenue stream and service priorities
is needed.
240 -
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1:35 p. m., to be reconvened in closed session at 1:45 p. m.,
in the City Council's Conference Room, fourth floor, Noel C. Taylor Municipal
Building.
At 2:00 p. m., on Monday, December 3, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William White, Sr., William H. Carder,
Linda F. Wyatt, W. Alvin Hudson Jr., C. Nelson Harris, William D. Bestpitch and
Mayor Ralph K. Smith ...................................................................................... -7.
ABSENT: None .................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
Kevin S. Smith, Pastor, Washington Heights Grace Brethren Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-SCHOOLS: The Mayor welcomed Brian D. Dol;.~rty,
Wendy's High School Heisman Winner. He advised that Mr. Doherty has achieved
the distinguished honor of being one of 102 students to receive the 2001 State
Wendy's High School Heisman Award and will compete in the national rounds of
competition where 12 students will be chosen from six Heisman geographic regions
to participate in the Wendy's High School Heisman Award ceremonies in New York
City on December 7-10, 2001. The Mayor presented Mr. Doherty with a proclamation
declaring Monday, December 3, 2001, as Brian Daniel Doherty-Wendy's High School
Heisman Winning Day in the City of Roanoke.
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 consid,~red
separately.
241
AUDIT COMMITTEE-SCHOOLS: Minutes of the Joint Audit Committee meeting
of the Roanoke City Council and the Roanoke City School Board which was held on
Wednesday, November 14, 2001, were before the body.
The Joint Audit Committee considered the following items:
Engagement Letter
Annual Plan for FY2002
Schedule of School Board Audit Committee Meetings for FY2002
Mr. Carder moved that the Minutes be received and filed. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
TRAFFIC-HOSPITALS: A communication from the City Manager advising that
Carilion Medical Center, an affiliate of Carilion Health System, plans to construct a
new addition to the Medical Center, as well as construct a new 1,000 occupancy
parking facility; construction will create a temporary shortage of parking spaces for
staff, physicians, residents, patients and visitors at the Medical Center, with
construction projects scheduled to begin in January 2002; Carilion has requested
the lease of parking at Victory Stadium for employees who will be displaced by
construction projects; and a minimum of 200 and a maximum of 300 parking spaces
are requested for an initial period of up to two years, subject thereafter to monthly
renewal by mutual agreement of the parties, was before Council.
It was further advised that the City has space available at Victory Stadium,
which is located on property adjacent to the footbridge connecting Wiley Drive to the
grounds of Victory Stadium; and a Lease Agreement will be prepared to be effective
January 1, 2002, containing the following provisions:
The Agreement will specify that Carilion Medical Center has exclusive
right to the use of the Leased Property on business days
(Monday-Friday) and during business hours (6:00 a. m. - 6:00 p. m.) for
a term of up to two years; the lease may be extended on a
month-to-month basis upon mutual agreement between the City and
Carilion Medical Center; the Medical Center shall pay to the City $8.00
242
per month per space, or a minimum of $1,600.00 per month for 200
parking spaces; if additional spaces are required, the monthly rental
rate will be increased proportionately; a minimum of $38,400.00 in
estimated revenue collected from the Lease Agreement will be
deposited in Parks and Recreation Recovered Cost Account No.
001-620-7110-8005 to be utilized for improvements to Parks and
Recreation programs; the Medical Center will be responsible for
maintenance of the leased property including improvements to the lot;
and the Medical Center will also provide security for the leased property
and carry the appropriate amount of insurance during the lease period.
The City Manager recommended that Council authorize a public hearing to be
held on Monday, December 17, 2001, at 7:00 p. m.
Mr. Carder moved that Council concur in the recommendation of the City
Manager to advertise a public hearing as abovereferenced for Monday,
December 17, 2001, at 7:00 p. m., or as soon thereafter as the matter may be heard
in the City Council Chamber. The motion was seconded by Mr. Harris and adopted
by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
HUMAN DEVELOPMENT-INDUSTRIES-ROANOKE ART COMMISSION-
ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Henry Scholz and Stark H. Jones as members of the Roanoke
Neighborhood Partnership Steering Committee for terms ending
November 30, 2004;
William L. Bova as a Director of the Industrial Development Authority
of the City of Roanoke for a term ending October 20, 2005; and
Courtney A. Penn as a member of the Advisory Board of Human
Development for a term ending November 30, 2005, and as a member
of the Roanoke Arts Commission to fill the unexpired term of Sherlie
Doherty, resigned, ending June 20, 2003.
243
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS:
BONDS/BOND ISSUES-RIVERSIDE CENTRE: 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 3, 2001, at 2:00 p.m., or as soon
thereafter as the matter may be heard, with regard to issuance of $12 million of
Qualified Redevelopment Bonds in connection with the South Jefferson
Redevelopment Area, also known as the Riverside Centre for Research and
Technology, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, November 19, 2001.
A report of the Director of Finance and the City Manager advising that Council
authorized the issuance of $56,245,000.00 of General Obligation Bonds to fund
various public improvement projects, including $12,000,000.00 for the South
Jefferson Redevelopment Area, also known as the Riverside Centre for Research
and Technology; Council was advised on November 5, 2001, that the City's bond
attorney had issued an opinion that the bonds for the South Jefferson
Redevelopment Area met the Internal Revenue Services' private activity tests and
must be issued as taxable bonds; the State of Virginia receives an annual allocation
of Qualified Redevelopment Bonds (QRB's) from the Federal Government that may
be issued as tax exempt bonds for purposes such as the South Jefferson
Redevelopment Area; application has been submitted to the State for a portion of its
allocation of QRB's in order to fund the project with tax exempt bonds, thus saving
up to two percentage points on the interest rate for the bonds; and if the City is not
successful in receiving a portion of the State's allocation of QRB's, taxable bonds
will be issued for the project, was before Council.
The Director of Finance and the City Manager recommended that Council
adopt a resolution authorizing issuance of $12,000,000.00 of Qualified
Redevelopment Bonds.
244 -
Mr. White offered the following resolution:
(#35675-120301) A RESOLUTION of the City Council of the City of Roanoke,
Virginia, as applicable elected representative approving, for purposes of section
147(f) of the Internal Revenue Code of 1986, the issuance of $12,000,000.00 principal
amount of General Obligation Public Improvement Bonds, the proceeds of which are
to be granted by the City to the Roanoke Redevelopment and Housing Authority for
the purpose of assisting such Authority in paying a portion of the costs of a
redevelopment project known as the South Jefferson Redevelopment Area Project.
(For full text of Resolution, see Resolution Book No. 65 page 306.)
Mr. White moved the adoption of Resolution No. 35675-120301. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, Resolution No. 35675-120301 was
adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
The Mayor declared the public hearing closed.
PETITIONS AND COMMUNICATIONS:
ZONING-COMPLAINTS: Keith Farmer, Director, Straight Street, appeared
before Council and advised that he directs a youth outreach in downtown Roanoke
known as Straight Street, located at 109 Luck Avenue, S. W.; and Fusion, a bar
currently located on Franklin Road, plans to relocate its operation to a building
beside the youth center. He explained that there is no restriction or code regulation
that would prevent a bar from opening at that location; and while it may be too late
to prevent Fusion from opening beside Straight Street, he requested that Council
consider a zoning restriction that would prevent a bar or similar operation from
opening beside a youth center or establishment serving children and youth in the
future. He expressed concern inasmuch as Straight Street serves what could be
considered high-risk youth, many of whom face problems at home with drug and
alcohol abuse, or they are currently struggling with substance abuse problems
personally.
245
The request to appear before Council was sponsored by Mayor Smith and
Council Member Harris.
The City Attorney advised that the State regulates the sale of alcoholic
beverages and to a large extent pre-empts local government regulation; however,
he called attention to a provision in the City Code which allows localities to establish
reasonable zoning regulations applicable to establishments where alcoholic
beverages are served. In reviewing the Zoning Ordinance, he added that the City has
no regulations specifically directed toward establishments that serve alcoholic
beverages which is a topic that the City Planning Commission might want to review,
either now or as a part of the comprehensive revisions to the City's Zoning
Ordinance.
Without objection by Council, the Mayor advised that the remarks of
Mr. Farmer would be received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a
communication advising that at its meeting on June 4, 2001, Council authorized
issuance of $3.0 million general obligation public improvement bonds for the
purpose of providing funds to defray the cost of needed public improvements to the
Roanoke Civic Center; several equipment purchases are needed at the Civic Center
in order to provide expected levels of service and to comply with the City's
contractual requirements for events at the Civic Center; the equipment is a part of
the Civic Center Expansion and Renovation Project-Phase I and includes a portable
basketball floor, two basketball goals, two time clocks, and an ice floor covering, at
a total cost of approximately $250,000.00, which will be funded through the sale of
general obligation bonds; the basketball floor, goals and time clocks have been
purchased, and there is currently a need to purchase the ice floor covering; bids for
the purchase and installation of an ice floor covering were advertised; three bids
were received, with Innovative Arena Products, Inc., submitting the lowest bid
meeting specifications; in the amount of $100,966.00, and funding is available in the
"Civic Center Expansion and Renovation - Phase I" account.
246 -
The City Manager recommended that Council accept the bid of Innovative
Arena Products, Inc., for the total cost of $100,966.00 and reject all other ~)ids
received by the City.
Mr. Carder offered the following resolution:
(#35676-120301) A RESOLUTION accepting the bid of Innovative Arena
Products, Inc., for the purchase and installation of an ice floor covering for the
Roanoke Civic Center; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 65, page 308.)
Mr. Carder moved the adoption of Resolution No. 35676-120301. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
SIDEWALK/CURB AND GUTTER-BUDGET: The City Manager submitted a
communication advising that new sidewalks, entrances and curbs, Phase VI,
consists of installing approximately 25,000 square feet of sidewalk, 15,000 linear feet
of curb and 10,000 square feet of entrances on various streets within the City; two
bids were received by the City, with H. & S. Construction Company submitting the
Iow bid, in the amount of $719,775.00, and 365 consecutive calendar days for
completion of the project; funding in the amount of $791,750.00 is needed for the
project, with additional funds that exceed the contract amount to be used for
miscellaneous project expenses, including advertising, prints, test services, minor
variations in bid quantities and unforeseen project expenses; funding in the amount
of $509,963.00 is available in Public Improvement Bonds - Series 1999, Streets and
Sidewalks, Account No. 008-052-9709-9191; and the remainder of funds, $281,75;'.00,
is available in Account No. 008-530-9510-9003, Curb, Gutter and Sidewalk - Phase
VI.
The City Manager recommended that Council accept the bid of H. & S.
Construction Company, in the amount of $719,775.00 with 365 consecutive calendar
days for completion of the project; reject all other bids received by the City; and
transfer $509,963.00 from Public Improvement Bonds- Series 1999, Account
No. 008-052-9709-9191, to Account No. 008.530-9510-9001, Curb, Gutter and
Sidewalk-Phase VI.
Mr. White offered the following emergency budget ordinance:
247
(#35677-120301) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 309.)
Mr. White moved the adoption of Ordinance No. 35677-120301. The motion
was seconded by Mr. Carder.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., called attention to vehicles
that are parked on curbs and sidewalks throughout the City of Roanoke. He also
called attention to abuse by City employees who park City vehicles on the sidewalks
and curbs which are not designed to take this type of abuse. He urged that Council
and the City Manager take the appropriate action to prohibit the parking of vehicles
on the City's curbs and sidewalks.
The City Manager advised that because some of the violations involve City
vehicles, a policy statement was issued prohibiting the parking of City vehicles on
sidewalks and curbs, the only exception being if the City Manager grants permission
due to unusual circumstances. She stated that the Police Department has been
instructed to cite City employees, as well as private citizens, for violations.
Ordinance No. 35677-120301 was adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. White offered the following emergency ordinance:
(#35678-120301) AN ORDINANCE accepting the bid of H. & S. Construction
Company for the installation of approximately 25,000 square feet of sidewalk, 15,000
linear feet of curb and 10,000 square feet of entrances on various streets within the
City in connection with the New Concrete Sidewalks, Entrances and Curb - Phase
VI 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. 65, page 310.)
248 -
Mr. White moved the adoption of Ordinance No. 35678-120301. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. White expressed concern with regard to street lights in need of
replacement; whereupon, the City Manager advised that there is no formal
replacement program on the part of American Electric Power. She stated that
correspondence has been forwarded to the electric company strongly
recommending given the number of fixtures that are currently out of service
throughout the City, that there is a need to initiate a policy for regular street light
replacement. She stated that the matter will also be addressed when franchise
renegotiation is discussed.
STREET LIGHTS-RAILSlDE LINEAR WALK-STREETS AND ALLEYS: The City
Manager submitted a communication advising that the Railside Linear Walk
connects the City Market area to the Virginia Museum of Transportation along
Norfolk Avenue; Phases I through IV have been completed; Phase V, which is the
final phase, is the elevated walkway in front of Warehouse Row between First Street
and Second Street; three bids were received with Breakell, Inc., submitting the Iow
bid in the amount of $645,969.00 and 180 consecutive calendar days for completion
of the project; the City and Appalachian Power Company, dlbla American Electric
Power (AEP), have entered into a Street Lighting Agreement dated July 1, 1995,
providing for street lights and associated electrical current; and pursuant to the
Street Lighting Agreement and negotiations, AEP will provide appropriate street
lights and underground electrical work for Phase V of the Railside Linear Walk
Project for an amount not to exceed $200,000.00.
It was further advised that project cost is estimated to be:
Base Contract (Phase V)
AEP Street Lights and Underground Electrical Work
Testing and Miscellaneous Project Expenses
$645,969.00
200,000.00
70,000.00
Total $915,969.00
It was explained that funding in the amount of $511,583.00 is available in the
following project accounts: Railside Linear Park - Phase IV, Account
No. 008-052-9730 ($15,700.00), Railside Linear Walk - Phase II, Account
No. 008-052-9717 ($148,907.00), and Railside Linear Walk - Phase V, Account
249
No. 008-530-9759 ($346,976.00); additional funding of $300,000.00 is to be
reimbursed from an ISTEA grant; the balance of funds needed for the project,
$104,386.00, is available in Account No. 008-052-9573, Greater Gainsboro Parking
Garage; and additional funding in excess of the contract amount will be used for
lighting and electrical costs, as well as miscellaneous project expenses, including
advertising, printing, testing services, minor variations in bid quantities and
unforeseen project expenses.
The City Manager recommended that Council take the following actions:
Accept the bid of Breakell, Inc., in the amount of $645,969.00, with 180
consecutive calendar days of contract time, and reject all other bids
received by the City.
Authorize execution of any necessary documents or agreements in
connection with the Street Lighting Agreement dated July 1, 1995, with
Appalachian Power Company, d/b/a American Electric Power (AEP), in order
to provide appropriate street lights and associated electrical work for Phase
V of the Railside Linear Walk Project in an amount not to exceed $200,000.00.
Transfer $15,700.00 from Account No. 008-052-9730, Railside Linear
Park- Phase IV, $148,907.00 from Account No. 008-052-9717, Railside
Linear Walk- Phase II, and $104,386.00 from Account No. 008-052-9573,
Greater Gainsboro Parking Garage, to Account No. 008-530-9759,
Railside Linear Walk - Phase V; appropriate $300,000.00 to be
reimbursed by an ISTEA grant to Account No. 008-530-9759, Railside
Linear Walk - Phase V; and establish an Account Receivable of the
same.
Ms. Wyatt offered the following emergency budget ordinance:
(#35679-120301) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 311.)
Ms. Wyatt moved the adoption of Ordinance No. 35679-120301. The motion
was seconded by Mr. Harris and adopted by the following vote:
250 -
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
Ms. Wyatt offered the following emergency ordinance:
(#35680-120301) AN ORDINANCE accepting the bid of Breakell, Inc., fc; the
construction of an elevated walkway in front of Warehouse Row between First Street
and Second Street in connection with the Railside Linear Walk - Phase V 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. 65, page 313.)
Ms. Wyatt moved the adoption of Ordinance No. 35680-120301. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
Ms. Wyatt offered the following emergency ordinance:
(#35681-120301) AN ORDINANCE authorizing the City Manager to execute any
necessary documents or agreements in connection with the Street Lighting
Agreement between the City and Appalachian Power Company, d/bla American
Electric Power (AEP), dated July 1, 1995, in order for AEP to provide the appropriate
street lights and associated electrical work for Phase V of the Railside Linear Walk
Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 314.)
Ms. Wyatt moved the adoption of Ordinance No. 35681-120301. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Best~pitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
251
TELEPHONE EQUIPMENT: The City Manager submitted a communication
advising that the need for the procurement of a new telephone system was identified
by the City's Department of Technology; five bids were received and evaluated;
however, due to considerable technological advances, the original specifications of
the bid are now considered obsolete; additionally, procurement procedures were not
followed after bid opening by the City's consultant, thus, bids that were received by
the City should be rejected, and a new and updated Request for Proposals should
be formulated to include the necessary specifications to meet the City's current
needs.
It was further advised that although the sealed bid method of procurement
would normally be used, it is not practicable in this case; the City Code provides, as
an alternate method of procurement to using the bid process, a process identified
as "competitive negotiation;" however, prior approval by Council is necessary
before the alternate method may be used; this method will allow for competitive
negotiations with two or more providers to determine the best qualified at the most
competitive price; and the experience, qualifications and references of firms that can
provide the system are of equal, if not greater, importance as the cost.
The City Manager recommended that Council reject all bids received by the
City and authorize the use of competitive negotiation as the method to secure
vendors to provide the City's new telephone system.
Mr. Carder offered the following resolution:
(#35682-120301) A RESOLUTION rejecting all bids for the purchase of a new
telephone system for the City of Roanoke and designating the procurement method
known as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used in procuring the telephone system.
(For full text of Resolution, see Resolution Book No. 65, page 315.)
Mr. Carder moved the adoption of Resolution No. 35682-120301. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
DIRECTOR OF FINANCE:
252 -
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
October, 2001.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, commended
the Director of Finance and the staff of the Finance Department on the level of
financial reporting that is provided for the City of Roanoke which has resulted in
numerous awards for financial reporting. He stated that the Finance Department
works well under its current organizational structure, separate and apart from other
City departments, and should continue to operate in that manner.
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted a written report transmitting the audited fiscal year 2001
Comprehensive Annual Financial Reports for the City of Roanoke and the City of
Roanoke Pension Plan. He advised that the audited General Fund balance as of
June 30, 2001, designated for the Capital Maintenance and Equipment Replacement
Program (CMERP) is $6,585,034.00, the same as reported on August 20, 2001; of this
balance, $814,204.00 is designated for use by the Schools; additionally, $316,300.00
of the balance was carried forward from the fiscal year 2000 CMERP; and the audited
School CMERP of $557,872.00 is likewise unchanged.
Without objection by Council, the Mayor advised that the report would be
received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
ACTS OF ACKNOWLEDGMENT-CITIZEN OF THE YEAR: Mr. Hudson offered
the following resolution officially naming The Reverend Edward T. Burton as
Roanoke's Citizen of the year for 2001'
(#35683-120301) A RESOLUTION naming The Reverend Edward T. Burton
Citizen of the Year 2001 for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 65, page 316.)
253
Mr. Hudson moved the adoption of Resolution No. 35683-120301. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY COUNCIL: Council Member Bestpitch clarified that under the newly
adopted agenda format for streamlining City Council meetings, any person may
address Council under the Petitions and Communications section of the agenda,
provided that the request is sponsored by two Members of Council, or the City
Manager, or citizens may appear under Hearing of Citizens at the end of the Council
meeting.
CITY COUNCIL-UNITED WAY: Vice-Mayor Carder advised that there is a
misunderstanding in the community regarding the difference between the Red Cross
and the local Roanoke Valley United Way agency. He stated that problems the Red
Cross has experienced in disbursing money to the victims of the September 11,
2001, tragedy has nothing to do with the local United Way agency; the local United
Way organization funds 71 agencies locally, it is an independent agency and
voluntarily passes one-half of one per cent to the national United Way office. He
stated that the Roanoke Valley United Way needs local support for community
service agencies and encouraged citizens of the City of Roanoke to continue their
level of giving.
CITY COUNCIL: Council Member Hudson advised that he was not present
when Council voted to change its rules of procedure for conducting City Cc~,,ncil
meetings; however, had he been present, he would have voted against the motion.
He stated that Council had a procedure in place that has worked well for many years
and should not be changed.
CITY MANAGER COMMENTS:
254 -
CITY MANAGER: The City Manager encouraged citizens to contribute to local
United Way agencies.
She called attention to publications that will be available in the near future for
the citizens of Roanoke; i.e.: the Municipal Calendar and the Citizens' Magazine.
At this point, the Mayor announced that RVTV Channel 3 coverage of the
Council meeting would conclude.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard; and matters
requiring referral to the City Manager will be referred, without objection by Council,
for response, report and recommendation to Council.
COMPLAINTS-CITY COUNCIL: Ms. Brenda Hale, 3595 Parkwood Drive, ~. W.,
called attention to numerous telephone calls and communications from members
of the Roanoke Branch of the NAACP regarding freedom of speech at City Council
meetings. She asked that the Mayor and Council Members reconsider the new
policy and procedures regarding the conduct of City Council meetings, and that
Council consider the right of all citizens to be heard at City Council meetings.
Mr. Bestpitch called attention to instances when citizens have used the
Council forum as a means to make announcements relative to personal/private
business interests in an effort to expand their customer base, and the new rules of
procedure will prohibit the use of the Council meeting for that purpose.
Vice-Mayor Carder advised that the current structure provides an opportunity
for citizens to have open dialogue with Council Members, off camera, which is a
more comfortable arrangement for some persons. He stated that citizens are
permitted to speak on any agenda item. .*-.
Ms. Wyatt advised that with television cameras turned off, some citizens feel
more comfortable in expressing their views because some individuals are
intimidated by the television camera, while for other persons, the television camera
might have been too enticing.
Mr. E. Duane Howard, 518 Walnut Avenue, S. W., advised that it is not up to a
reporter covering a City Council meeting to decide what may or may not be of
interest to the citizens of Roanoke. He stated that there is confusion over the
question of whether citizens may speak under the Petitions and Communications
section of the agenda, or is that section reserved for presentations by organizations.
He added that it is a step backward whenever a change is instituted in rules and
255
regulations that lessen citizen involvement in the democratic process. He advised
that there will always be persons who will grandstand before the television cameras,
but in order to provide freedom of speech, for all citizens, Council must be willing
to take the bad with the good. He stated that for those persons who cannot attend
City Council meetings for whatever the reason, the television has been their only
access to City Council meetings.
At 3:20 p. m., the Mayor declared the meeting in recess for two Closed
Sessions.
At 3:50 p. m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member White, who left the meeting prior to the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Wyatt, Hudson, Harris, Bestpitch
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member White left the meeting prior to the Closed Session.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that the terms
of office of Kermit E. Hale and Benjamin S. Motley as members of the Board of
Zoning Appeals will expire on December 31,2001, and called attention to a vacancy
on the Board of Zoning Appeals created by the resignation of J. Clayton Grogan, for
a term ending December 31, 2003; whereupon, he called for nominations to fill the
vacancies.
Mr. Carder placed in nomination the names of Kermit E. Hale and
Benjamin F. Motley.
._ Mr. Bestpitch placed in nomination the name of Philip H. Lemon.
256 ....
There being no further nominations, Messrs. Hale and Motley were
reappointed as members of the Board of Zoning Appeals for terms ending
December 31, 2004, and Mr. Lemon was appointed to fill the unexpired term of
Clayton Grogan, ending December 31, 2003, by the following vote:
FOR MESSRS. HALE, MOTLEY AND LEMON: Council Members Carder, Wyatt,
Hudson, Harris, Bestpitch and Mayor Smith ...................................................... 6.
(Council Member White left the meeting prior to the Closed Session.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The I~'.,ayor
advised that there is a vacancy on the Advisory Board of Human Development
created by the resignation of Anita J. Price, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Cheri W. Hartman.
There being no further nominations, Dr. Hartman was appointed as a member
of the Advisory Board of Human Development, for a term ending November 30, 2005,
by the following vote:
FOR DR. HARTMAN: Council Members Carder, Wyatt, Hudson, Harris,
Bestpitch and Mayor Smith .............................................................................. 6.
(Council Member White left the meeting prior to the Closed Session.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board created by the resignation of Sara Lee,
and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Jamaal Jackson.
There being no further nominations, Mr. Jackson was appointed as a member
of the Youth Services Citizen Board for a term ending May 31,2002, by the following
vote:
FOR MR. JACKSON: Council Members Carder, Wyatt, Hudson, Harris,
Bestpitch and Mayor Smith ............................................................................. -6.
(Council Member White left the meeting prior to the Closed Session.)
At 3:55 p.m., the Mayor declared the City Council meeting in recess for a tour
of the Williamson Road area.
257
Following the tour, the Mayor declared the meeting adjourned at 4:55 p.m.
Mary F. Parker
City Clerk
APPROVED
Mayor
258
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 17, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 17, 2001, at 2:00, the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., C. Nelson Harris,
William D. Bestpitch, William White, Sr., William H. Carder, Linda F. Wyatt and Mayor
Ralph K. Smith .............................................................................................. ,---7.
ABSENT: None 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Dr. James W. Austin,
Senior Pastor, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
ACTS OF ACKNOWLEDGEMENT-DOWNTOWN ROANOKE, INCORPORATED:
Inasmuch as R. Matthew Kennell, President, Downtown Roanoke, Inc., will resign his
position, effective December 21,2001, Mr. Hudson offered the following resolution
expressing appreciation for his service since May, 1994.
(#35684-121701) A RESOLUTION paying tribute to R. Matthew Kennell upon
his resignation as President of Downtown Roanoke, Inc., effective
December 21, 2001, and expressing to him the appreciation of this City and its
people for his exemplary service.
(For full text of Resolution, see Resolution Book No. 65, page 318.)
259
Mr. Hudson moved the adoption of Resolution No. 35684-121701. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
The Mayor presented a ceremonial copy of the above refer measure and a gold
star paper weight to Mr. Kennell.
PROCLAMATIONS:: The Mayor presented a proclamation declaring Saturday,
December 8, 2001, as Roanoke AIIstars - 1951 Santa Claus Bowl Reunion Day in the
City of Roanoke.
.Dean Price representing the Roanoke Ail-Stars-1951 National Midget Football
Champions, offered to work with the City in connection with the donation and
display of trophies and wearing apparel from the 1951 championship game.
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 advised that there were three requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Thursday,
October 18, 2001, and recessed until Friday, October 19, 2001, 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. Carder and
adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None 0.
260 -
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. White moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None 0.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss a personnel matter,
specifically to conduct an interview for an appointment to the Industrial
Development Authority of the City of Roanoke, pursuant to Section 2.2-3711(A)(1),
Code of Virginia (1950), as amended, was before the body.
Mr. White moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss a personnel matter, specifically to conduct an
interview for an appointment to the Industrial Development Authority of the City of
Roanoke, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith .............. -7.
NAYS: None-
DIRECTOR OF FINANCE-COMMITTEES-COUNCIL: A communication from
Council Member C. Nelson Harris, Chair, Roanoke City Council Personnel
Committee, requesting that Council convene in a Closed Meeting to discuss
appointment of a new Director of Finance, pursuant to Section 2.2-3711 (A)(1), Code
of Virginia (1950), as amended, was before the body.
261
Mr. White moved that Council concur in the request of Council Member Harris
to convene in a Closed Meeting to discuss appointment of a new Director of Finance,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None 0.
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a
meeting of the Audit Committee which was held on Monday, December 3, 2001, were
before the body.
The following items were considered by the Audit Committee:
FINANCIAL AUDITS:
KPMG June 30, 2001 Reports:
City of Roanoke Letter of Recommendations 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 Independent Accountant's Report on Applying Agreed-
Upon Procedures
PERFORMANCE AUDITS:
Fire-EMS-Fuel Management
Information Center
Facilities Management
Fleet Management
Police Department D.A.R.E. Account
School Board Engagement Letter
School Board Annual Audit Plan for FY2002
Update on City's Audit Plan
Briefing on Audit Department's Website
Mr. White moved that the Minutes be received and filed. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... --0.
262 -
BUSES-MUNICIPAL AUDITOR-AUDIT COMMITTEE: Minutes of a meeting of the
Greater Roanoke Transit Company Audit Committee which was held on Monday,
December 3, 2001, were before the body.
The following items were considered by the Greater Roanoke Transit
Company Audit Committee:
FINANCIAL AUDITS - KPMG Reports:
GRTC - Transit Operation Financial Statements - 6/30/01 and 2000
GRTC - Report to Board of Directors - 6/30/01
Southwestern Virginia Transit Management Company, Inc. Retirement
Plan Financial Statements and Schedules - 12/31/00 and 1999
Southwestern Virginia Transit Management Co., Inc. Retirement Plan -
Letter to Pension Committee - 12/31/00
Mr. White moved that the Minutes be received and filed. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ...................................................................................... 7.
NAYS: None
DIRECTOR OF FINANCE-COMMITTEES-HOTEL ROANOKE CONFERENCE
CENTER: A communication from James D. Grisso, Director of Finance, tendering his
resignation as a Commissioner of the Hotel Roanoke Conference Center
Commission, effective January 31, 2002, was before the body.
Mr. White moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............... -7.
NAYS: None
COMMITTEES-LIBRARIES: A communication from the City Clerk advising of
the resignation of Eugene Wirt, Jr., as a member of the Roanoke Public Library
Board, effective immediately, was before the body.
263
Mr. White moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None .......................................................................................... 0.
ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke
City Electoral Board, transmitting a certified copy of the following Abstracts of Votes
cast in the General Election held in the City of Roanoke on November 6, 2001, was
before the Council:
ABSTRACT OF VOTES
cast in the City of Roanoke
at the November 6, 2001 General Election, for:
, Virginia,
GOVERNOR
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
MARK L. EARLEY (R) .................................
9,147
MARK R. WARNER (D) .................................
lS~48
WILLIAM B. REDPATH (L) .................................
204
0
0
Total Write-in Votes [SEE WRITE-INS CERTIFICATION]...
Total Number Of Overvotes For Office .........
Total Number of Undervotes For Office ........ 175
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
SI Frances V. Garland
SI Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
264 -
ABSTRACT OF VOTES
cast in the City of Roanoke
at the November 6, 2001 General Election, for:
,Virginia,
LIEUTENANT GOVERNOR
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
JAY K. KATZEN
TIMOTHY M. KAINE
GARY A. REAMS
(D)
(L)
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ......
Total Number Of Overvotes For Office ....................
Total Number of Undervotes For Office ...................
TOTAL VOTES
RECEIVED
(IN FIGURES)
9,154
14,328
383
1,009
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
S/Frances V. Garland
S/Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
265
ABSTRACT OF VOTES
cast in the City of Roanoke , Virginia,
at the November 6, 2001 General Election, for:
ATTORNEY GENERAL
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
JERRY W. KILGORE (R) ......................... 12,673
A. DONALD McEACHIN (D) ......................... 11,328
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ...... 4
Total Number Of Overvotes For Office .................... 0
Total Number of Undervotes For Office ................... 869
TOTAL VOTES
RECEIVED
(IN FIGURES)
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
S/Frances V. Garland
SI Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
266 -
WRITE-INS CERTIFICATION
ROANOKE
COUNTY
Attorney General
OFFICE TITLE
x CITY
DISTRICT NAME OR NUMBER, IF APPLICABLE
X General
WRITE-INS - SUMMARY
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
John Edwards ....... 1
Special Election
November 6, 2001
Page 1 of I
TOTAL VOTES
RECEIVED
[IN FIGURES]
3
ENTER TOTAL INVALID
1
ENTER TOTAL VALID
4
ADD LINES 1 AND 2
TOTAL VOTES
RECEIVED
(In Figures)
CONTINUED ON PAGES ~ THROUGH ~
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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 8= day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsle¥
S/Frances V. Garland
S/Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
267
ABSTRACT OF VOTES
cast in the City of Roanoke , Virginia,
at the November 6, 2001 General Election, for:
MEMBER
HOUSE OF DELEGATES
11TM
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
Clifton A~ "Chip" Woodrum ........................... 9,139
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ....... 4
Total Number Of Overvotes For Office ...................... 0
Total Number of Undervotes For Office ..................... 4,923
TOTALVOTES
RECEIVED
(IN FIGURES)
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
SI Frances V. Garland
SI Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
268
WRITE-INS CERTIFICATION
ROANOKE
COUNTY x CITY
Member House of Delegates
OFFICE TITLE
11th
DISTRICT NAME OR NUMBER, IF APPLICABLE
X General
WRITE-INS - SUMMARY
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
VALID WRITE-INS - DETAIL
Special Election
November 6, 2001
Page 1 of I
TOTAL VOTES
RECEIVED
[IN FIGURES]
ENTER TOTAL INVALID
0
ENTER TOTALVALID
4
ADD LINES 1 AND 2
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
[IN FIGURES]
CONTINUED ON PAGES ~ THROUGH ~
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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
A copy teste:
(Seal)
8th day of November, 2001.
S/Carl T. Tinsley
S/Frances V. Garland
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
S/Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
269
ABSTRACT OF VOTES
cast in the City of Roanoke
at the November 6, 2001 General Election, for:
, Virginia,
MEMBER
HOUSE OF DELEGATES
17th
ENTER DISTRICT NUMBER
TOTAL VOTES
RECEIVED
(IN FIGURES)
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
A. Victor Thomas ............................... 7,345
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ........... 1
Total Number Of Overvotes For Office ......................... 0
Total Number of Undervotes For Office ......................... 3,462
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election for the office indicated above.
8t" . day of November, 2001.
Given under our hands this
A copy teste:
SI Carl T. Tinsley
SI Frances V. Garland
S/Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
(Seal)
270
WRITE-INS CERTIFICATION
ROANOKE X General
COUNTY x CITY
Special Election
Attorney General
OFFICE TITLE
November 6, 2001
Page I of 1
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SUMMARY
TOTAL VOTES
RECEIVED
[IN FIGURES]
1. Invalid Write-Ins ................................
2. Valid Write-Ins ..................................
3. Total Write-Ins ..................................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
3
ENTER TOTAL INVALID
1
ENTER TOTAL VALID
4
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
lIN FIGURES]
John Edwards
CONTINUED ON PAGES ~ THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
SI Frances V. Garland
S/Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
271
WRITE-INS CERTIFICATION
ROANOKE X General
COUNTY x CITY
Special Election
Member House of Delegates
OFFICE TITLE
November 6, 2001
17th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of I
WRITE-INS - SUMMARY
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
VALID WRITE-INS - DETAIL
TOTAL VOTES
RECEIVED
[IN FIGURES]
ENTER TOTAL INVALID
0
ENTER TOTAL VALID
1
ADD LINES 1 AND 2
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
[IN FIGURES]
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
S! Frances V. Garland
SI Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
272 .........
ABSTRACT OF VOTES
cast in the City of Roanoke , Virginia,
at the November 6, 2001 General Election, for:
COMMONWELATH'S ATTORNEY
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
Donald S. Caldwell .........................
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ....
Total Number Of Overvotes For Office ..................
Total Number of Undervotes For Office .................
TOTAL VOTES
RECEIVED
(IN FIGURES)
18,349
6,522
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the following person has received the greatest number of votes cast for the above office in said
election:
Donald S. Caldwell
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
S/Frances V. Garland
S/Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
273
WRITE-INS CERTIFICATION
ROANOKE X General
COUNTY x CITY
Special Election
Commonwealth's Attorney
OFFICE TITLE
November 6, 2001
Page 1 of 1
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SUMMARY
TOTAL VOTES
RECEIVED
[IN FIGURES]
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
ENTER TOTALINVALID
0
ENTER TOTAL VALID
3
ADDLINES1AND2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
[IN FIGURES]
CONTINUED ON PAGES THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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
A copy teste:
(Seal)
8th dayof November, 2001.
SI Carl T. Tinsley
SI Frances V. Garland
SI Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
274 -
ABSTRACT OF VOTES
cast in the City of Roanoke , Virginia,
at the November 6, 2001 General Election, for:
SHERIFF
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
Octavia L. Johnson .........................
George M. McMillan .........................
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] .....
Total Number Of Overvotes For Office ....................
Total Number of Undervotes For Office ....................
TOTAL VOTES
RECEIVED
(IN FIGURES)
9,278
13,857
1,739
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the following person has received the greatest number of votes cast for the above office in said
election:
George M. McMillan
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
S/Frances V. Garland
SI Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of Roanoke , Virginia,
at the November 6, 2001 General Election, for:
COMMISSIONER OF REVENUE
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
J. Patrick H. Green .......................... 7,762
Sherman A. Holland .......................... 14,325
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ..... 1
Total Number Of Overvotes For Office .................... 0
Total Number of Undervotes For Office .................... 2,786
275
TOTAL VOTES
RECEIVED
(IN FIGURES)
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the following person has received the greatest number of votes cast for the above office in said
election:
Sherman A. Holland
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
SI Frances V. Garland
S/Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
276
WRITE-INS CERTIFICATION
ROANOKE
COUNTY x CITY
X General
Special Election
Commissioner of Revenue
OFFICE TITLE
November 6, 2001
Page 1 of I
DISTRICT NAME OR NUMBER, IF APPLICABLE
WRITE-INS - SUMMARY
TOTAL VOTES
RECEIVED
[IN FIGURES]
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
ENTER TOTAL INVALID
0
ENTER TOTAL VALID
1
ADDLINESIAND2
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
TOTAL VOTES
RECEIVED
[IN FIGURES]
CONTINUED ON PAGES ~ THROUGH ~
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
S/Frances V. Garland
S/Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
castinthe Ci~ of Roanoke ,Vi~inia,
attheNovember6,2001GeneralElection,~r:
TREASURER
NAMES OF CANDIDATES WITH PARTY ID AS SHOWN ON BALLOT
David C. Anderson .......................... 19,758
Total Write-in Votes [SEE WRITE-INS CERTIFICATION] ..... 4
Total Number Of Overvotes For Office .................... 0
Total Number of Undervotes For Office ................... 5,112
277
TOTAL VOTES
RECEIVED
(IN FIGURES)
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 6, 2001, do hereby certify that the above
is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare
that the following person has received the greatest number of votes cast for the above office in said
election:
David C. Anderson
Given under our hands this 8th day of November, 2001.
A copy teste:
(Seal)
SI Carl T. Tinsley
SI Frances V. Garland
SI Gilbert E. Butler, Jr.
SI Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
278 ......
WRITE-INS CERTIFICATION
ROANOKE
COUNTY
Treasurer
x CITY
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
X General
WRITE-INS - SUMMARY
1. Invalid Write-Ins ............................
2. Valid Write-Ins .............................
3. Total Write-Ins .............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES
ON ABSTRACT FOR THIS OFFICE.]
VALID WRITE-INS - DETAIL
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON
CONSTRUCTION PAGES, AS NEEDED. ALL VALID WRITE-INS
WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON
LINE 2 ABOVE.
Frank Smith
Special Election
November 6, 2001
Page I of I
TOTAL VOTES
RECEIVED
lIN FIGURES]
ENTER TOTALINVALID
1
ENTER TOTAL VALID
4
ADD LINES1 AND2
TOTAL VOTES
RECEIVED
[IN FIGURES]
CONTINUED ON PAGES ~ THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 6, 2001, 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 8th day of November, 2001.
A copy teste:
(Seal)
S/Carl T. Tinsley
S/Frances V. Garland
SI Gilbert E. Butler, Jr.
S/Gilbert E. Butler, Jr.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
279
Mr. White moved that the communication be received and filed. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................ -0.
ZONING-ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE-
OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before
Council:
Charles W. Hancock, Jr., as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending November 30, 2002;
and
Philip H. Lemon as a member of the Board of Zoning Appeals to fill the
unexpired term of J. Clayton Grogan, resigned, ending December 31,
2003.
Mr. White moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
BLUE RIDGE BEHAVIORAL HEALTHCARE-BLUE RIDGE COMMUNITY
SERVICES:
William Lee, Chair, Blue Ridge Behavioral Healthcare, presented program
highlights for the period July 1, 2000 - June 30, 2001. He advised that in fiscal year
2001, Blue Ridge Behavioral Healthcare staff delivered 316,871 units of service to
10,582 Roanoke residents, at a value of $11,214,594.00; the City's fiscal year 2001
local tax contribution to agency operations was $389,708.00, which means that
Roanoke City residents received $28.78 worth of services for each tax dollar
allocated to the Community Services Board.
280 -
He received the following examples of how Blue Ridge Behavioral Healthcare
is working for the City of Roanoke:
Assessment and Counseling Services provide the single gateway
to agency services, crisis response, comprehensive assessment
and short-term interventions for all mental disabilities.
Child and Family Services provide a continuum of prevention,
early intervention, and therapeutic services and support for
families with children who are at risk of developing, orwho have
serious emotional disorders, mental retardation and substance
abuse disorders.
Community Support Services provide the necessary services and
support to consumers with long-term mental disabilities to
maximize each individual's potential for independence, improved
quality of life and optimum level of functioning.
Ms. Wyatt commended Blue Ridge Behavioral Healthcare for addressing the
needs of citizens of the Roanoke Valley and responding with compassion and
caring. She stated that sometimes it is necessary to look beyond the way things
have always been done to the way things should be done in order to do the right
thing.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED:
Don J. Harrison, Chair, Downtown Roanoke, Inc. presented the Annual Report of
Downtown Roanoke Inc. He called attention to the following successes during the
past year:
The relocation of the Downtown Roanoke, Inc. office to its new
location on the Roanoke City Market which brings the
organization closer to those that it serves on a daily basis.
"Big Lick", the new sidewalk cleaning machine.
Update of the Outlook Downtown Roanoke Plan which was
completed by Urban Design Associates, focusing on
development and continuing revitalization of the downtown area.
The Norfolk & Western Passenger Station which will be
converted to a museum for development.
281
Grand opening of Frankie Rolens Steak House, the Roanoke
Higher Education Center, Shaftman Performance Hall, Daily
Grind Coffee House, 611 Steak House, Qusinow's, Family Service
building, and American Express.
Mr. Harrison advised that Downtown Roanoke, Inc., is appreciative of its
partnership with the City of Roanoke, renewal of the agreement to manage the
Downtown Service District for another five years, and renewal of the contract to
manage the Farmers' Market. He expressed appreciation for the approval of the
bond issue which will bring about positive events for the City and especially its
downtown area, including the amphitheater/stadium and the civic center renovation
and expansion project.
Without object by Council, the Mayor advised that the briefing would be
received and filed.
COMPLAINTS-HOUSING/AUTHORITY: Dr. Jeanette D. Manns, Co-Chair,
Washington Park Neighborhood Alliance, introduced Ms. Bessie Bond, representing
residents of the Lincoln Terrace community, to present certain concerns.
Ms. Bond advised that residents of Lincoln Terrace request the installation of
screen doors on their housing units for safety purposes, and clothes lines in their
backyards, such housing units do not have washing/drying facilities.
Dr. Manns presented copy of a petition signed by approximately 56 residents
of Lincoln Terrace in support of installation of screen doors on housing units.
Ms. Helen E. Davis, 35 Patton Avenue. N. E., appeared before Council in
support of the request of Lincoln Terrace residents. She called attention to a
meeting in which officials of the Roanoke Redevelopment and Housing Authority
advised that screen doors would not be installed. She stated that there is a trend
that certain persons represent Lincoln Terrace residents, however, those persons
do not represent all occupants of Lincoln Terrace. She spoke in support of the
request for installation of screen doors and windows.
Mr. Bestpitch advised that there appears to be a lack of communication
between Lincoln Terrace residents and the Roanoke Redevelopment and Housing
Authority; whereupon, he enlisted the help of Council Member Harris, Council's
liaison to the Roanoke Redevelopment and Housing Authority, to emphasize options
regarding the provision of screen doors. He stated that staff of the Housing
282
Authority indicate that it would cost approximately $45,000.00 to install screen doors
on all Lincoln Terrace units; when considering the total budget for improvements
at Lincoln Terrace, $45,000.00 is approximately one-tenth of one per cent of the total
cost to be invested in the area, which, in the context of the total project as a whole
is a reasonable request on the part of residents.
Mr. White advised that if there is a consensus that residents are desirous of
having screen doors, he would support their request and ask that the City Manager
work with officials of the Roanoke Redevelopment and Housing Authority to identify
funds.
The City Manager advised that she would confer with the Executive Director
of the Roanoke Redevelopment and Housing Authority for a clarification on the
intent of the Housing Authority, and funding issues will be addressed.
Ms. Wyatt requested that the City Manager also inquire about the installation
of clothes lines for housing units.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member
William D. Bestpitch, Council Liaison, Roanoke Neighborhood Partnership Steering
Committee, presented a communication advising that since the Neighborhood
Partnership is now 21 years old and extensive restructuring has occurred recently
within City government, a review of the design, role, and responsibilities of the
Steering Committee is in order; the Roanoke Neighborhood Partnership has grown
to 26 neighborhood groups and two business associations; three additional
neighborhood groups are forming, and greater effort has been placed upon involving
youth and the business community; and while the Partnership maintains its tradition
of working closely with volunteers, training and developing neighborhood leaders,
administering and managing community development grants, and serving as a
liaison between neighborhoods and City government, there have been other
significant changes which suggest that a review is needed, i.e.:
There is a newly created Department of Housing and
Neighborhood Services, of which the Neighborhood Partnership
is a part. Previously the Partnership was part of the Planning
Department and reported to the Director. Greater emphasis is
being placed on service delivery to the neighborhoods by all City
departments.
The Coordinator's role has expanded. Effective August 1,2001,
the Coordinator's internal responsibilities include management
of the staff and overall operation of the Citizen's Service Center,
283
administration of the Respond database, and training for City
departments on the use of Respond. The City now looks to the
Partnership to play a key role in quality assurance.
All Partnership staff positions are fully funded by the City. The
City has adopted the Partnership as one of its institutions.
In summary, Mr. Bestpitch pointed out that the role of the Partnership within
City government has changed; the Partnership has an expanded internal customer
base represented by various departments within City government who now look to
the Partnership for feedback, assistance, and leadership in responding to
community issues; at the same time, the demand from the community for training,
support, mediation, and advocacy has increased; the primary function of the
Steering Committee has been working closely with Partnership staff to cultivate a
"partnership" between the City and the community to address these needs; and the
question is how best to assist the Steering Committee so that the Partnership
remains strong and community needs are met.
Mr. Bestpitch moved that Council concur in the appointment of an ad hoc,
committee composed of two members of City Council, two members of the City staff,
and three members of the current Roanoke Neighborhood Partnership Steering
Committee to receive the structure and role of the Roanoke Neighborhood
Partnership Steering Committee. The motion was seconded by Mr. Carder.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., raised the following questions:
Are members of the Roanoke Neighborhood Partnership
Steering Committee considered to be employees of the
City of Roanoke?
If so, would the City's hiring policy be applicable to those
persons?
How has the role of the Neighborhood Partnership
Coordinator been expanded?
Will recommendations of the Study Committee be reported
publicly prior to implementation by the City?
Mr. Bestpitch requested that the remarks of Ms. Bethel be referred to the City
Manager for response. The motion offered by Mr. Bestpitch, seconded by Mr. Carder
was unanimously adopted.
284
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY GOVERNMENT: The City Manager introduced a briefing on the City of
Roanoke Citizens Survey 2001. She introduced Susan Walton, representing The
Virginia Tech Center for Survey Research, to present a summary of the findings.
Ms. Walton advised that the methodology used in conducting the survey
included random sampling design, survey instrument capability, survey pre-test,
survey administration via telephone, and 505 completed telephone interviews were
conducted during the period of September 24 - October 1, 2001.
Highlights of the survey include the following:
Government Initiatives:
Expansion of cooperative efforts with other local governments: up 12
per cent to 71 per cent
Services worth taxes paid by citizens: up 9 per cent to 75 per cent
Government can be trusted to do what is in the best interest of citizens:
up 6 per cent to 69 per cent
Government is "very" or "somewhat" effective in meeting community
needs: up 1 per cent to 80 per cent
Government performance is improving in Roanoke: up 3 per cent ~o 76
per cent.
Percentage Rating of Services As Excellent/Good:
Fire Protection (91)
Emergency & Rescue (90)
Public Library Services (83)
911 Emergency Call Center (76)
Beautification Programs (76)
Weekly Trash Collection (76)
Police Services (74)
· 285
Water Utility Services (74)
Recycling Services (71)
Sewer Utility Services (70)
Civic Center Events (69)
Convenience of Paying Bills (68)
Recreation Facility Maint. (68)
Large Item/Brush Pick-Up (67)
Street Lighting (66)
Mowing Govt. Property (64)
Recreation Programs (64)
Leaf Collection (63)
Cultural Activities/Events (62)
Health Department (62/81)*
Animal Control (61)
Disaster/Emergency Mgt. (61/80)*
Information to Citizens (61)
Snow/Ice Removal (61)
Govt. Building Maint. (56)
Valley Metro Bus System (56~77)*
Public Schools (55)
Parking at Civic Center (54)
Neighborhood Org. Support (53)
Street Sweeping (53)
Storm Drainage System Maint. (51)
Street Paving and Repair (51)
Traffic Planning (49)
Response to Citizen Complaints (45)
Govt. Parking Facilities (43)
Building Inspections (42~62)*
Economic Development Assistance (42~62)*
CurbslGutterlSidewalks (41)
Regulation/Zoning Land Use (37~55)*
Weed Abatement (37)
Building Permit Process (34/61)*
Keeping Alleys Clean (33)
Services With the Highest Mean Rankings, Excluding "Don't Know"
Responses (Mean Ratincj of "Good - Excellent":
Fire Protection
Emergency and Rescue
Public Library
286
911 Emergency Center
Health Department
Emergency Management
Beatification Programs
Valley Metro
Water Utility Services
Weekly Trash Collection
Services with Lowest Mean Rankings Excluding "Don't Know" Responses
(Mean Rating of "Good):
Keeping Alleys Clean
Weed Abatement
Government Parking Facilities
Curb, Gutter, Sidewalk Repair
Response to Citizen Complaints
Street Paving and Repair
Regulation/Zoning for Land Use
Traffic Planning
Street Sweeping
Civic Center Parking
2000-01 Increases in Service Ratings:
Civic Center Parking - 6.5 per cent
Pick up of Large Items/Brush - 6.1 per cent
Recycling Services - 5.2 per cent
2000-01 Decreases in Service Ratings:
Government Parking Facilities - 14.2 per cent
Weekly Trash Collection - 10.4 per cent
Public Schools - 8.9 per cent
911 Call Center - 6.7 per cent
Curb, Gutter and Sidewalk Repair - 6.5 per cent
Snow and Ice Removal - 6.3 per cent
Animal Control - 6.2 per cent
Street Lighting - 6.2 per cent
Sewer Utility Services - 6.0 per cent
Convenience of Paying Bills - 5.4 per cent
Emergency/Disaster Management - 5.2 per cent
Health Department - 4.9 per cent
Emergency and Rescue - 1.5 per cent
287
Opinions Regarding Customer Service 2000-01 Comparison:
Government employees are generally friendly, courteous and helpful:
up 1 per cent to 88 per cent.
It is easy to contact the appropriate government office when you need
a particular service or have a question: down 1 per cent to 71 per cent.
Government employees provide prompt service up 3 per cent to 77 per
cent.
Government employees treat citizens fairly: remained the same at 79
per cent
Convenient parking at government offices is generally available: up 4
per cent to 44 per cent.
Government office locations are convenient: up 6 per cent to 75 per
cent
Government office hours are convenient: up 2 per cent to 78 per ent
Top Attributes Cited As Most Favored By Respondents in Rank Order:
Convenience of Living in the City of Roanoke/Activities
Quality of Life
People
Cost of Living
Educational Opportunities
Effective Government/Government Services
Respondents were requested to answer the following questions:
What method of communication do you prefer for receiving the City of
Roanoke government information?
What do you like most about living in the City of Roanoke?
Following discussion, questions and comments by the Members of Council,
without objection by Council, the Mayor advised that the briefing would be received
and filed.
288 -
FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES:
The City Manager introduced a briefing on the Fire/EMS Insurance Service Office
rating change; whereupon, she called upon Fire Chief James Grigsby to present the
briefing.
Chief Grigsby advised that the Insurance Service Office (ISO) is an
indePendent organization that serves insurance companies by providing information
about a community's fire risk; each community is rated from a Class 1 (exemplary)
to a Class 10 (does not meet minimum criteria) scale; virtually all United States
insurers of homes and business property use ISO's Public Protection Classification
in calculating premiums; and better fire protection, as measured by the public
protection classification program, leads to lower fire losses.
He stated that ISO's Public Protection Classification Program accurately
measures the quality of public fire protection in 45,000 fire districts across the
country; three areas are evaluated under the ISO classification system: the Fire-
EMS Department, including equipment, staffing, training and geographic distribution
of fire companies; Water Supply System, including validating the condition and
maintenance of hydrants, and a careful evaluation of the amount of available water
compared with the amount needed to suppress fires; and the E-911 Center, including
validating telephone systems, telephone lines, staffing, and dispatching.
Chief Grigsby advised that Roanoke Fire-EMS is pleased to announce that the
Insurance Service Office has reclassified the City of Roanoke as a "Class 2 City,
which improved rating is the culmination of a three-year preparation period for a
review of the Fire-EMS Department, Water Supply System, and E-911 Center. He
stated that the Class 2 rating is an upgrade from Roanoke's 1990 classification as
a Class 3 City; major areas of improvement made during this time period to attain the
higher classification include: fire apparatus purchase and distribution, training,
records management, additional hydrants installed throughout the City, fire
preplanning of City businesses, and addition of the Computer Aided Dispatch
System and 800 MHz system in the E-911 Center.
For the citizens of Roanoke, he explained that this improved rating means a
safer City in which to live and work, a City that is better prepared to handle fire
emergencies, fire insurance premiums may be reduced or will not increase as fast,
marketing the City from an economic development standpoint, and ISO rating will
be used as a tool for future plans (i.e.: water mains and hydrant location, fire
training, etc.. He explained that a Class 2 rating is good for ten years and with
proper planning, Roanoke could achieve a Class 1 rating in ten to twenty years, and
Fire-EMS will analyze each area of department operations to determine if changes
are needed to provide the level of service and to achieve a higher ISO rating.
289
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, expressed
appreciation for the work of the City's public safety personnel. He stated that the
local fire association does not agree with all of the conclusions of the Fire Chief and
the direction of the Fire Department in regard to significant proposed changes. He
added that while Roanoke may be in line to receive a Class 2 ISO rating,
implications of the changes could have a devastating effect on the ISO rating in the
future and on insurance rates of homeowners; therefore, he encouraged Council to
think long range and not be shortsighted. He advised that the proposed changes
have potentially significant equipment and staffing implications, and suggested that
an insurance expert be called upon to review potential implications since there could
be additional criteria that insurance companies use, separate and apart from the ISO
rating. He also suggested that firefighters be invited to provide their input, and there
should be a city-wide public hearing on proposed changes, particularly as they
relate to staffing and equipment and long term implications on insurance rates.
Carl D. Cooper, 2020 Carroll Avenue, N. W., Chair, Public Service Task Team
for the Comprehensive Plan, advised that the Task Team reviewed police, fire, solid
waste and environmental issues and was charged with the responsibility of
forwarding recommendations to be considered in the Comprehensive Plan. On
behalf of the Task Team, he commended the City on its achievement of a Class 2
ISO rating and noted that his remarks do not speak to any of the other issues
regarding firefighting. He applauded the City's accomplishments and its efforts to
be receptive to input offered by citizens who were a part of the Comprehensive Plan
process.
Following discussion, comments and questions by the Members of Council,
without objection by Council, the Mayor advised that the briefing would be received
and filed.
ITEMS RECOMMENDED FOR ACTION:
FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a communication advising that the Fire-EMS Department's Strategic
Business Plan is based on the mission, vision and values of the department, plus
national, state and local service standards; the Plan is comprehensive in nature,
covering most aspects of department operations and offering nine major
recommendations; which range from routine station and equipment maintenance to
relocating and constructing several fire-EMS stations; recommendations contained
in the Business Plan support City Council's priorities of effective government,
regional cooperation, improved neighborhood services and include a long-range
perspective to service delivery; and approval of the Strategic Business Plan will
support the mission, values and vision of the Roanoke Fire-EMS Department, meet
community needs by providing quality Fire-EMS services, position the department
290 -
to meet future community service needs, improve department performance,
efficiency and cost effectiveness, help achieve and maintain a national accreditation
certification, enhance regional cooperation, relocate several Fire-EMS stations,
provide modern Fire-EMS stations to accommodate state-of-the-art Fire-EMS
equipment, enhance employee work environments and employee safety, relocate
Fire-EMS administrative offices, and avoid the cost of maintaining deteriorating Fire-
EMS stations.
It was further advised that administratively, several aspects of the Plan have
already been adopted and implemented, helping to improve the City's ISO (Insurance
Service Office) rating from a Grade 3 to a Grade 2 category city; two aspects of the
Plan that received the most comments concerned the potential loss of any positions,
as well as the construction of new stations and relocation of existing service to
those new locations; nothing contained in the Business Plan advocates a reduction
of personnel; while there is some concern and opposition to relocating existing
stations, the City Manager expressed the opinion that there is more support to
provide the Fire-EMS Department with the needed infrastructure to meet current and
future service needs with properly sized and located stations than there is
opposition to the Plan; and construction of new stations will provide the needed
capacity to house modern flrefighting equipment (several current station apparatus
bays are too small for new fire pumpers and larger aerial ladder trucks), plus take
advantage of recent roadway improvements permitting more efficient travel from
north to south via Peters Creek Road Extension and improvements to the bridges
at Second, Fifth and Tenth Streets.
It was explained that including new Station #4 (south Peters Creek Road) and
the construction of three additional stations, a total of four new stations will provide
services to the community by the end of the third phase of the recommended
construction period; included in each new station design will be consideration of
other community services, as feasible; the Strategic Business Plan allows for a
reallocation, not reduction, of department personnel; the closing of Station #12
(Salem Turnpike), as approved by Council, permitted the reallocation of 12 positions;
and six positions will support co-staffing the Clearbrook station in Roanoke County
which will serve the 220 South/Southern Hills area of the City, and six positions for
staffing one additional ambulance which will primarily serve the
western/southwestern section of the City, bringing the total number of front-line
ambulances to seven.
The City Manager recommended that Council approve, in concept, the Fire-
EMS Department Strategic Business Plan with the three-phase construction
program, as follows:
291
Phase 1: Construct a new Station #1 in or around the downtown area.
Consolidate the present #1 (Church Avenue) and #3 (6th Street) stations
into the new Station #1.
Phase I1: Construct a new station in or around the Melrose Avenue area
between 16th and 20t~ Streets. Consolidate the present #5 (12t~ Street
and Loudon Avenue) and #9 (24t~ Street and Melrose) stations into the
new facility.
Phase II1: Construct a new station in the northern Williamson Road
area. Relocate the residential component currently assigned to the
Airport station to the new facility.
With approval, by Council, staffwill develop specific recommendations
in regard to financing, station locations and land acquisitions,
architectural and engineering design and community input and plans
for re-use of current stations. Council action will be requested at each
subsequent step of the Strategic Business Plan. Action at this time will
allow for capital improvement planning.
Mr. Carder offered the following resolution:
(#35687-121701) A RESOLUTION approving the Fire-EMS Department Strategic
Business Plan.
(For full text of Resolution, see Resolution Book No. 65, page 322.)
Mr. Carder moved the adoption of Resolution No. 35687-121701. The motion
was seconded by Mr. White.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that those fire stations
which are proposed to be closed present serious concerns for some citizens of
Roanoke, and further advised that the closing of Fire Station No. 12 was a tragedy.
She stated that the City could do a better job of informing citizens, and p[=blic
meetings are needed so that citizens will hear the same information at the same
time. She asked if the City has contacted the Virginia Department of Fire Programs
to conduct an evaluation of the Roanoke Fire Department in view of the seriousness
of the matter. She stated that it is not fair to take fire stations out of northwest
Roanoke; response time is critical and most of northwest Roanoke is composed of
hilly terrain, therefore, response times will differ. She suggested the renovation of
fire stations in lieu of the closing of stations.
292 -
Joyce Waugh, Vice-President, Public Policy and Strategic Issues, Roanoke
Regional Chamber of Commerce, a group of 1,450 members whose goal is to
advocate improvements for businesses, appeared before Council in support of the
Emergency Operation Plan. She advised that public safety and fire protection could
not be more important than it is today; and the Roanoke Fire/EMS proposal for
assuring the highest level of service in an area of pta-hospital medical care, fire
prevention, fire safety education and fire suppression is commendable. She stated
that the Chamber of Commerce further supports containing costs, while effectively
providing quality Fire/EMS services, relocating Fire/EMS stations to more efficiently
provide improved services in the region, efforts that enhance regional cooperation,
and measures that improve department performance, efficiency and cost
effectiveness. She added that change is rarely easy, but often is needed to respond
to changing community needs and the Chamber of Commerce looks forward to
learning more about the Fire/EMS Strategic Plan as it unfolds in a effort to create a
safer environment for all persons in the Roanoke region. She congratulated the City
upon achieving a Class 2 ISO rating.
Ms. Perneller Wilson, 3045 Willow Road, N. W., expressed concern for the
wellbeing of the citizens of the City of Roanoke who deserve four distinct services
from their City i.e.: hospitals, a fire department, a life saving crew and a police
department. She stated that citizens of Roanoke are concerned about the closing
of fire stations and presented the Mayor with a petition signed by homeowners,
taxpayers and voters who refuse to have fire stations closed, and advocate
renovation in lieu of closure. She commended the firefighters on 24t' Street for the
service they provide to protect and save lives.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, advised that
if the Fire/EMS Strategic Plan is valid and if all assumptions are correct, the City
should be willing to participate in public discussion including homeowners and
firefighters. He stated that there are clearly staffing implications in the strategic plan
and it is the responsibility of Council to explore all angles before making a decision,
particularly one with such far reaching implications for life, property damage and
loss. He advised that the northwest quadrant of the City has been dealing with
change for years, much to its detriment as a result of shortsighted decisions and
decisions made too quickly and in favor of business. He stated that there ara
serious implications regarding safety issues and property damage.
R. Matthew Kennell, President, Downtown Roanoke, Inc., advised that the
Board of Directors of Downtown Roanoke, Inc., is supportive of the Fire Strategic
Business Plan which is well prepared and addresses the overall needs of the City.
He stated that Downtown Roanoke, Inc. is excited about the prospect of Fire Station
293
No. 1 becoming a museum to celebrate the heritage of firefighting and emergency
medical services in the Roanoke Valley, and about the possibility of a new fire
station being located in the downtown area which will benefit not only downtown
Roanoke, but the southeast quadrant of the City and other surrounding
neighborhoods.
Mr. Hudson advised that he does not support the closing of fire stations,
although renovation is needed on some fire facilities. He stated that he would not
vote for any action that will jeopardize the safety and security of citizens.
Mr. Bestpitch advised that five old, and, in some cases, poorly located fire
stations, which are inadequate to accommodate the equipment of today, are not
simply being closed or eliminated, but are to be replaced with four modern up-to-
date stations of adequate size to accommodate today's state of the art equipment
in firefighting techniques. He called attention to road improvements that will allow
vehicular equipment to move throughout the City more efficiently, improvements in
communications technology which will provide the capability to process incoming
calls, dispatch equipment in a faster way, and overall to provide continuing
improvements in the City's ability to protect the life and property of its citizens as
related to fire safety. He commended the Fire Chief on his efforts to communicate
the plan in 21 different meetings to over 200 citizens. He stated that there has been
significant public discussion and encouraged the Members of Council to support
Fire/EMS Strategic Plan.
Ms. Wyatt advised that the Fire/ EMS Strategic Plan is the most racist
proposition ever to be placed before the Council. She called attention to certain
action. Affecting the northwest quadrant of the City with regard to neighborhood
schools that were closed because it was economically feasible as a cost saving
mechanism, but when it was time to continue the process to close and consolidate
elementary schools such as Fishburn Park, Raleigh Court, Grandin Court, Wasena,
and Highland Park, the rules suddenly changed when it was decided that those
schools were needed to stabilize the neighborhoods and the City was willing to pay
the extra money. Although it was a good decision, she added that it was a decision
that was reached too late for the schools in the northwest quadrant of the City. She
called attention to old fire stations in the southern half of the City which are not
scheduled for change; and advised that the Crystal Spring Fire Station could have
been moved to Franklin Road and could have served the Southern Hills population.
She stated that four fire stations: Loudon Avenue, Rorer Avenue, Salem Turnpike
and 24th Street, out of the five stations to be closed, are located in the northwest
quadrant of the City, and one station is proposed to be constructed, which leaves
two fire stations in the entire northwest section of the City.
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Resolution No. 35687-121701 was adopted by the following vote:
AYES: Council Members Harris, Bestpitch, White, Carder, and
Mayor Smith
NAYS: Council Members Hudson and Wyatt ............................................ -2.
FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a communication advising that the City of Roanoke prepares and
maintains the Emergency Operations Plan, in accordance with Section 2-126, Code
of the City of Roanoke, 1979, as amended, and the Commonwealth of Virginia
Emergency Services and Disaster Laws, Title 44, Chapter 3.2; Council adopted the
current Plan on November 4, 1996; pursuant to the City's Local Partnership
Performance Agreement, signed with the Virginia Department of Emergency
Management, the Plan requires reauthorization at the end of the fifth calendar year;
the Plan provides an organizational framework and response capability from which
the City can respond to any type of disaster or large-scale emergency whether, the
cause is natural, technological orwar related; associated departments reviewed and
revised the applicable sections of the Plan and said changes have been
incorporated; and the Plan provides that emergency services operations be
structured around existing constitutional governments and that City Council, in the
event of an emergency, confer upon the City Manager, or a predetermined
representative in the absence of the City Manager, the authority to act pursuant to
Section 44-146.21, Declaration of local emergency.
The City Manager recommended that Council reauthorize the Emergency
Operations Plan for the City of Roanoke.
Mr. Carder offered the following resolution:
(#35688-121701) A RESOLUTION readopting the Emergency Operations Plan
for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 65, page 322.)
Mr. Carder moved the adoption of Resolution No. 35688-121701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, White, Carder and Mayor Smith--5.
NAYS: Council Members Hudson and Wyatt ............................................ -2.
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BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services issued a
Request for Proposals to use Federal funds to provide job search, job coaching and
job retention services for Temporary Assistance for needy families (TANF) hard-to-
serve recipients; the City of Roanoke Department of Social Services responded to
the request for proposals with a proposal outlining its intent to work collaboratively
with TAP - This Valley Works to provide work-related services above listed; under
the proposal, eligible TANF recipients who must obtain employment, but are not in
compliance with certain regulatory requirements, will have customized job search
assistance; case managers will work with these individuals to develop and initiate
an individualized plan of action to meet compliance requirements and to assist in
securing and maintaining employment; and the City of Roanoke was awarded
$473,411.00 in grant funding under the TANF Hard-to-Serve Project for fiscal years
2001 and 2002.
The City Manager recommended that Council authorize acceptance of the
grant award, appropriate Temporary Assistance for Needy Families (TANF) funding,
totaling $473,411.00 and establish a revenue estimate of $473,411.00 in accounts to
be established by the Director of Finance.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35689-121701) AN ORDINANCE to amend and reordain certain sectiQns of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 323.)
Mr. Bestpitch moved the adoption of Ordinance No. 35689-121701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Whit, Carder, Wyatt,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
Mr. Bestpitch offered the following resolution:
(#35690-121701) A RESOLUTION authorizing acceptance of a grant award from
the Virginia Department of Social Services under the Temporary Assistance for
Needy Families (TANF) Hard-to-Serve project for fiscal years 2001 and 2002, 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.65, page 324.)
296
Mr. Bestpitch moved the adoption of Resolution No. 35690-121701. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
PURCHASE/SALE OF PROPERTY-DONATIONS/CONTRIBUTIONS-
ARMORY/STADIUM: The City Manager submitted a communication advising that on
May 21, 2001, Council authorized the City Manager to begin negotiations for
acquisition of property across Orange Avenue from the Roanoke Civic Center for the
purpose of constructing a multipurpose stadium/amphitheater facility; and the City
has received an offer to transfer certain property described as Official Tax No.
3070318, owned by Calvin W. and Mary C. Powers and Theodore J. & Judy P. Sutton,
as a gift.
The City Manager recommended that she be authorized to accept property
described as Official Tax No. 3070318 as a gift to the City, and that Council adopt
a resolution expressing appreciation to Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton for their donation.
Mr. Carder moved that the following ordinance be placed upon its first
reading.
(#35691) AN ORDINANCE authorizing the City Manager's acceptance of a
donation to the City of Roanoke of a parcel of land identified as Official Tax No.
3070318, and expressing appreciation to Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton for the donation.
(Ordinance No. 35691 was adopted by Council on its second reading on
Tuesday, January 22, 2002.)
The motion was seconded by Ms. Wyatt and adopted by the following vote:
-~ AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ........................................................................................... -7.
NAYS: None ........................................................................................ -0.
PUBLIC WORKS-EQUIPMENT-STREETS AND ALLEYS: The City Manager
submitted a communication advising that the Capital Maintenance and Equipment
Replacement Program (CMERP) has identified the need to purchase one street
sweeper for Streets and Traffic; the lowest bids, submitted by Virginia Public Works
Equipment Company, for Base Bid and Alternate 1, took exceptions on the following
297
requirements: vacuum dust control package, vario brush requirement, conveyor
system and main broom for the sweeping system, water
requirements/recommendations for dust control and high dump sweeper
requirement; said exceptions are substantial and cannot be waived as informalities,
therefore, bids are non-responsive; and the next lowest bid, submitted by Tennant
Sales and Service Company, was in the amount of $109,750.00, and took one
exception in the type of seat covering to be provided, which is considered to be an
informality.
The City Manager recommended that Council accept the bid of Tennant sales
and Services Company, authorize issuance of a purchase order in the total amount
of $109,750.00, and reject all other bids received by the City.
Mr. Harris offered the following resolution:
(#35692-121701) A RESOLUTION accepting the bid of Tennant Sales and
Service Company made to the City for the procurement of a street sweeper; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 65, page 325.)
Mr. Harris moved the adoption of Resolution No. 35692-121701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY ATTORNEY:
CITY CODE-PUBLIC ASSEMBLY: The City Attorney submitted a written report
advising that from time to time, groups wish to use City property, such as parks or
rights-of-way; for example, a group may wish to hold a block party on a cul-de-sac,
or a parade in a street, or use a large area within a park; the current City ordin.=nce
which regulates the issuance of permits for such activities is deficient in several
aspects and does not adequately address current administrative and legal needs;
competing needs for the use of public property and the many issues that arise in
relation to the use of public property mandate consideration of a new public
assembly ordinance; the City's ability to enact a public assembly ordinance which
addresses the needs of the City and the general public is constrained by
constitutional protections of First Amendment activities, which include picketing or
holding signs, making speeches or engaging in prayer, and distributing literature,
among other activities; the United States Supreme Court and other courts have
298 -
construed the First Amendment of the United States Constitution to prohibit overly
broad prior restraints by government on speech, subjective evaluations of an
assembly or the message being broadcast by the assembly, and actions by a
government which may have a chilling effect on a group's ability to exercise its First
Amendment rights.
It was further advised that the City Attorney's Office has worked closely over
a considerable period of time with a team of City employees, consisting of
representatives of the Police Department, the Parks and Recreation Department, the
Streets and Traffic Division, and the Special Events Committee, to prepare a new
public assembly ordinance and to devise a new internal system for administration
of the ordinance; and representation from various city departments helped to
ensure that the needs of the City and the general public were met as much as
possible, given the constitutional constraints.
It was noted that a proposed ordinance requires that before any pers=n or
group, unless exempted from its provisions, assembles on a sidewalk, in a street,
in a public park, or on public property, they must obtain a public assembly permit;
in general, groups of under 100 persons would not need a permit to use an area
within a public park (unless any temporary structures, such as a stage, are needed),
and a group of under six persons would not need a permit to conduct a public
meeting on a public sidewalk; the information solicited for a public assembly permit
varies based upon the type of public property needed for a public assembly, but all
groups must identify the date, time location and route, if applicable, of a public
assembly; the proposed ordinance also provides that the Director of the Department
of Public Works issue the permit, unless the Director finds that the public assembly
unduly disrupts pedestrian or vehicular traffic, interferes with the movement of fire-
fighting equipment, interferes with fire or police protection of an area adjacent to a
public assembly area or route, or that the public assembly conflicts, by virtue of its
time or location, with another public assembly; any person or group may request
that a permit be issued, even though the ordinance does not require that a perr..!t be
issued, in the event that the group wishes to ensure that it has exclusive use of an
area; and finally, the proposed ordinance provides for an administrative appeal
process in the event of denial.
Mr. Carder offered the following ordinance:
(#35693-121701) AN ORDINANCE amending and reordaining §20-8, Closinq
streets to traffic, of Chapter 20, Motor Vehicles and TraffiC, and §24-89, Reservation
of space or facilities for use by .qroups at particular time, of Chapter 24, Public
Buildings and Property; repealing §24-93, Permit for parades and assemblies, of
Chapter 24, Public Buildinqs and Pro_~erty; repealing Article V, Permit for Parades
or Assemblies on Street or Sidewalks, of Chapter 30, Streets and Sidewalks, of the
Code of the City of Roanoke (1979), as amended; and adding new Article 5.1, to be
299
entitled Permit for Public Assemblies, of Chapter 30, Streets and Sidewalks, 0~ the
Code of the City of Roanoke (1979), as amended, to provide for standards of a permit
system for public assemblies on public streets, sidewalks and on public property;
dispensing with the second reading of this ordinance; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 65, page 326.)
Mr. Carder moved the adoption of Ordinance No. 35693-121701. The motion
was seconded by Mr. Harris.
AYES: Council Members Hudson, Harris, Bestpitch, Carder, Wyatt,
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member White was out of the Council Chamber when the vote was
recorded.)
Vice-Mayor Carder called attention to instances during Festival in the Park
when the Patrick Henry Hotel was barricaded off for several hours and guests and
employees had to walk from as far away as three blocks to reach the hotel. He
stated that it should be taken into consideration that there are establishments that
are open for business; a and there should be a procedure for notification of and
approval by those business owners who will be affected.
Ms. Wyatt called attention to the need to review parade procedures; i.e.: when
will streets be blocked off prior to commencement of parade special events.
Ordinance No. 35693-121701 was adopted by the following vote:
REPORTS OF COMMITTEES:
PARKS AND RECREATION-COMMITTEES-COMMUNITY PLANNING: A report
of the City Planning Commission, advising that the Department of Parks and
Recreation submitted a request that the Planning Commission consider the naming
of a 7.5 acre tract of land, Brown-Robertson Park, in honor of Dorothy Brown and
Hazel Robertson, two; individuals who were active in the Shadeland community and
both lost their lives in the flood of 1985; whereupon the City Planning Commission
recommended that City Council name the 7.5 acre site on Shadeland Avenue, N. W.,
Brown-Robertson Park.
Mr. Carder offered the following resolution:
300
(#35694-121701) A RESOLUTION naming a new park in the Washington Park
neighborhood as Brown-Robertson Park.
(For full text of Resolution, see Resolution Book No. 65, page 334.)
Mr. Carder moved the adoption of Resolution No. 35694-121701. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, Wyatt,
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member White was out of the Council Chamber when the vote was
recorded.)
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the body.
$15,000.00 for the FY2001-02 Chess Program to pay for chess
materials and tournament participation costs. This continuing
grant program has received a private donation.
$42,500.00 for the Blue Ridge Technical Academy Bio-Medical
Career Laboratory Program. The program which has been
endowed by Johnson and Johnson, Incorporated, will provide for
installation and operation of a bio-medical career laboratory at
the Academy. A corporate donation has been received for year
one of a three-year program.
$22,715.00 for computer network switches and transceivers at
Fairview Elementary School. The requirement is being funded
from an approved Literary Fund loan for the project.
$26,960.00 for computer network switches and transceivers at
Fishburn Park Elementary School. The requirement is being
funded from an approved Literary Fund loan for the project.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Bestpitch offered the following emergency budget ordinance:
301
(#35695-12,1701) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School and School Capital Projects Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 335.)
Mr. Bestpitch moved the adoption of Ordinance No. 35695-121701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, Wyatt,
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member White was out of the Council Chamber when the vote was
recorded.)
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL: Council Member Bestpitch advised that pursuant to the new rules
of procedure for citizen participation at City Council meetings, no person who
wishes to speak at a Council meeting has been denied the right to do so.
REMARKS BY THE CITY MANAGER:
FIRE DEPARTMENT: The City Manager clarified that there will be a
consolidated fire station in the northwest section of the City as a result of the merger
of Fire Stations 5 and 9 and the third phase of the Fire/EMS Business Plan calls for
a new station on Williamson Road to address what is believed to be definite needs
over the next five to seven years.
At this point the Mayor announced that RVTV, Channel 3 coverage of the City
Council meeting would conclude.
302 -
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred, without objection by Council, for
response, report and recommendation to Council.
FIRE DEPARTMENT- PUBLIC ASSEMBLY- COUNCIL-REFUSE COLLECT!ON-
NEIGHBORHOOD ORGANIZATIONS-GREATER GAINSBORO PARKING GARAGE:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the location and
proposed parking for the Gainsboro Parking Garage was initially set forth by the
Roanoke Neighborhood Development Corporation; however, the next time the
parking garage issue was discussed, the parking garage was to be owned and
operated by the City of Roanoke.
Ms. Bethel called attention to continuing problems relative to the street
placement of the City's "big blue" refuse containers, and advised that certain
concerns of residents have not been resolved.
In reference to the proposed closing of fire stations, Ms. Bethel, advised that
some neighborhood groups have been promised the donation of the fire stations
that are proposed for closure.
In regards to Ordinance No. 35693-121701 previously adopted by council Ms.
Bethel, stated, that all neighborhood entities should be notified when a street is to
be closed by the City.
In reference to the news citizens participation proposal at City Council
meetings, Ms. Bethel stated, that groups and organizations are given the opportunity
to make formal presentations to Council under Item 5. Petitions and
Communications; and inquired if there is a procedure in place which will permit a
citizen who is not a member of a group or an organization to address Council under
agenda Item 5. Petitions and Communications.
FIRE DEPARTMENT-EMERGENCY SERVICES-CITY COUNCIL:
Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed the Fire/EMS Business Plan
and suggested that the Virginia Department of Fire Programs be invited to conduct
an eValuation of the Roanoke City Fire Department.
She also questioned the rule of Council that prohibits applauding during City
Council meetings, except as a part of ceremonial matters, and advised that
enforcement of the rule should be applied consistently to all persons appearing
before Council.
303
At 5:15 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 5:30 p.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for a joint
meeting of Roanoke City Council and the Roanoke City School Board.
The Council meeting reconvened at 5:35 p.m., for a joint meeting of Council
and the Roanoke City School Board in Room 159, Emergency Operations Center
Conference Room, with Vice-Mayor William Carder and School Board Chair,
Sherman L. Lea presiding.
COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., C. Nelson Harris,
William D. Bestpitch, William White, Sr., Linda F. Wyatt and Vice-Mayor
William H.Carder .......................................................................................... -6.
ABSENT: Mayor Ralph K. Smith ......................................................................1.
SCHOOL TRUSTEES PRESENT: Charles W. Day, Marsha W. Ellison, Gloria P. Manns,
Melinda J. Payne, Ruth C. Willson and Chairman Sherman P. Lea .......................... 6.
ABSENT: Brian J. Wishneff ............................................................................ 1.
Following dinner, the business session convened at 5:55 p.m.
SCHOOLS: Chairman Lea presented information on the Roanoke City Schools
anticipated budget needs and projected financial shortfalls for fiscal year 2002-03
and beyond. He advised that in August, the School Board discussed the anticipated
need for an increase of some $3 million in the School system's operating budget
over the next several years; the recent highly publicized deficits in State revenues
and the events of September 11 have altered the Board's request; and the reality of
these events make it unrealistic for the Roanoke City School Board to make the
same request today that the Board had previously discussed...with regard to
revenue history, Mr. Lea advised that State funds have increased by over $19 million
since fiscal year 1995; average increase from fiscal year 1995 to fiscal year 2000 was
$4.6 million; increase in State funds declined by almost $3.3 million from fiscal year
2001 to fiscal year 2002; State funding is tentatively projected to increase by less
than $500,000.00 for the fiscal year 2003; and fiscal year 2003 estimate is preliminary
with the Governor's proposed biennium budget to be released later this month
In connection with the revenue estimate, he pointed out that fiscal year
revenue increase is at its lowest since fiscal year 1991 when revenue actually
declined; State revenue is adversely affected by stagnant State sales tax collections
and a slight decline in enrollment because of declining birth rates; the City's
increase is slightly more than one half of the fiscal year 2002 increase; and Federal
304 -
and the revenue is increasing as the result of growth in special education tuition
and pupil transportation reimbursements.
Mr. Lea reviewed operating budget priorities; i.e.: the proposed fiscal year
2003 budget identifies three levels of budget reductions ranging from $1 million to
slightly under $2 million in savings; the objective is to maintain direct services to
the classroom and to continue the current level of class size which averages 18 to
1; last year, employee salaries increased bytwo per cent while neighboring localities
provided a three to five per cent increase; and Roanoke's high schools are one of
the few in the State with a six period day while a seventh period would improve
elective options open to students.
Mr. Lea discussed operating efficiencies; i.e.: proposed budget reductions
have focused on central office and support staffs; all programs and services have
been reviewed to determine where savings could be achieved and still meet State
and Federal mandates; consolidation of services has been analyzed to combine
support services both internally and with the City; and School staff is working with
the City to review the potential for the consolidation of transportation mainter,:'nce
services. With regard to maintaining educational services, he advised that health
insurance costs continue to escalate, with a 15 per cent increase projected for fiscal
year 2003, and with the objective is to avoid passing health insurances increase on
to the employee; inflation continues to increase fixed costs, particularly property
and casualty insurance which is projected to increase by approximately 50 per cent;
personnel lapse averages about $500,000.00 per year because of employee
retirements and resignations; and for the next four years, the net increase to
maintain the current level of educational services is estimated to range from a Iow
of $300,000.00 to a high of $800,000.00.
In connection with a plan to improve employee salaries, Chairman Lea advised
that salaries for teachers at the midpoint of the scale are about $750.00 lower than
Roanoke County's salaries, but the City's salaries for senior teachers are
approximately $2,100.00 more than Roanoke County; elementary principal salaries
at small schools are $5,000.00 less than Roanoke county, but salaries for I~rger
elementary, middle and high school principals are equal to County Salaries; the
salary plan is to raise the City's salary scale by five per cent over the next four years
in addition to tier and step raises provided to employees; the objective is to increase
employee salaries by an average of 4.5 to 5 per cent annually; and a minimum of $3
million per year is required to meet the salary objective.
Mr. Lea stated that the cost to add a seventh period to the high school
schedule exceeds $1 million; because of revenue uncertainties, the high cost of the
seven period day precludes its implementation in the near future, and he has
recommended that its implementation be deferred until the initial phase of high
school improvements is completed.
3O5
With regard to the capital plan, Chairman Lea advised that in the mid-1980's
Council and the School Board worked cooperatively and made a decision not to
close schools in Roanoke City; the commitment was to renovate outdated school
facilities as a way to keep neighborhoods vibrant; in 1987, the School Board
embarked on an ambitious renovation plan, beginning with the oldest schools, so
that over time (the next two decades) all school facilities in Roanoke City would be
equipped to prepare students for success. He stated that the capital improvement
plan began with the renovation of the seven oldest elementary schools, with the first
being completed in 1988; next, the four oldest middle schools were renovated;
during this period from 1987-1998, other elementary and middle schools received
major improvements such as central air conditioning, additional classrooms and two
elementary schools received the addition of a gymnasium; and approximately $95
million has been spent on capital projects since the inception of the plan in 1987.
He described the following capital plan priorities beginning with the 2002 school
year and beyond:
The new Roanoke Academy of Mathematics and Science will be completed by
July 2003 with its capital cost shared equally with the City.
Elementary school classroom additions and air conditioning will be completed
at seven schools by the summer of 2005.
High school improvements will start in the spring of 2004 at Patrick Henry
High School; and projects may be phased in because of revenue constraints; and
Upgrade of technology infrastructure will occur in coordination with
improvements at each school; State funds may be available to assist with
technology upgrades;
Annual debt service for projects will increase by $550,000.00 to $750,000.00
per year for each of the next four years.
By 2005 all elementary school improvements planned in 1996 wiii be
completed.
High school completion schedule will be finalized in 2003 based on revenue
projections.
Mr. Lea advised that fiscal year budget priorities are: cost to meet the School
Board's budget priorities for fiscal year 2003 includes an employee average salary
raise of 4.65 per cent; and the net total cost increase is $2.5 million which includes
budget reductions of 38 personnel positions and $525,000.00 in operating
expenditures; preliminary revenue increase of $400,000.00 will allow for only a 1.45
306 -
per cent average salary raise for employees; the net Maintenance of Services budget
will decrease by over $500,000.00 with the inclusion of $1.5 million in budget
savings; and unfunded priorities total $2.1 million including an additional three per
cent raise for employees.
Chairman Lea advised that revenue shortfall has serious long term
consequences for employee salaries, capital project completion, class size and
instructional program services; and standards of accreditation go into full effect in
2004 and the progress that the School system has made in meeting the new
standards will be eroded.
There being no further business, the Vice-Mayor declared the Council meeting
in recess at 6:35 p.m., to be recommended at 7:00 p.m., in the City Council
Chamber.
On Monday, December 17, 2001, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., C. Nelson Harris,
William D. Bestpitch, William White, Sr., William H. Carder, Linda F. Wyatt, and Mayor
Ralph K. Smith. . ............... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
POLICE DEPARTMENT:
The Mayor recognized and commended Mr. Bobby Firebaugh,
Mr. E. V .Gillespie and Mr. Ralph Hoskins for going above and beyond the call of duty
as citizens when, on September 14, 2001, they witnessed a bank robbery at the First
307
Union Bank in the 4200 block of Melrose Avenue. He advised that they observed
the bank robber getting into a station wagon parked near the bank, they followed
the vehicle to a nearby residential street and telephoned police, which helped
police officers to respond and locate the suspect's car which ultimately led to an
arrest. The Mayor advised that the assistance of Mr. Firebaugh, Mr. Gillespie and
Mr. Hoskins enabled police officers to make a quick arrest that could have gone
unsolved without their assistance.
ACTS OF ACKNOWLEDGEMENT: Mr. Carder offered the following
resolution:
(#35685-121701) A RESOLUTION recognizing Bobby Firebaugh, E. V.
Gillespie, and Ralph Hoskins for their assistance to Roanoke police officers in the
apprehension of a criminal.
(For full text of Resolution, see Resolution Book No. 65, page 319.)
Mr. Carder moved the adoption of Resolution No. 35685-121701. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ....................................................................................... -7.
NAYS: None .................................................................................... --0.
The Mayor presented Messrs, Firebaugh, Gillespie and Haskins with a
ceremonial copy of the above referenced measure and a gold star.
The Mayor also recognized and commended Mr. John Eichenberger for
going above and beyond the call of duty as a citizen, when on November 8, 2001,
a man entered the pharmacy area at the back of the CVS Pharmacy on Grandin
Road with a shirt over his face, carrying a crowbar, and demanding drugs from
the pharmacist. He stated that Mr. Eichenberger, who was a customer in the
store at the time, was able to remove the crowbar from the robber's hand and
restrain him with package sealing tape, which enabled the police to respond to
the incident, arrest the man who was charged with attempted robbery, assault
and wearing a mask in public. The Mayor advised that the bravery of Mr.
Eichenberger prevented a crime from occurring.
Mr. Harris offered the following resolution:
(#35686-121701) A RESOLUTION recognizing John J. Eichenberger for his
assistance to Roanoke police officers in the apprehension of a criminal.
308
(For full text of resolution, see Resolution Book No. 65, page 321.)
Mr. Harris moved the adoption of Resolution No. 35686-121701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ......................................................................................... -7.
NAYS: None ..................................................................................... -0.
The Mayor presented Mr. Eichenberger with a ceremonial copy of the above
reference measure and a gold star.
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, December 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Vaughn & Jamison, LLC, to rezone three tracts of land
located at the intersection of Route 419 and Keagy Road, S. W., identified as
Official Tax Nos. 5130119, 5130121 and 5130122, containing 1.117 acre and 2.948
acres, from RS-I, Residential Single-Family District, to CN, Neighborhood
Commercial District, and RPUD, Residential Planned Unit Development 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 Friday, November 30, 2001- December 7, 2001.
A report of the City Planning Commission advising that the petitioner
requests that a 1.117-acre portion of land in the northwest section of the
development be rezoned to CN, Neighborhood Commercial District, to allow for
development of a bank branch and; the remaining 2.948 acres of land to the south
and east is requested for rezoning to RPUD, Residential Planned Unit
Development, District, for a ten-lot subdivision, was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, subject to certain proffered conditions, and advised that
given the adjacent land uses and zoning patterns, the subject properties are well
suited for a combination of commercial and residential development and the
proposed rezoning is consistent with the Comprehensive Plan; in addition, the
proposed development plan and requested zoning changes provide a reasonable
approach to development of the property that can be supported by the
neighborhood association.
3O9
Mr. Bestpitch offered the following ordinance:
(#35696-121701) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 513, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to certain
conditions proffered by the applicant; and dispensing with the second reading of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 337.)
Mr. Bestpitch moved the adoption of Ordinance No. 35696-121701. The
motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like to
address Council in connection with the matter. Bob Caudle, President, Greater
Deyerle Neighborhood Association, spoke in support of the request for rezoning.
There being no further speakers, Ordinance No. 35696-121701was adopted by the
following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ......................................................................................... 7.
NAYS: None ..................................................................................... -0.
The Mayor declared the public hearing closed.
CITY CODE-ZONING-TOWING CONTRACT: The City Clerk having
advertised a public hearing for Monday, December 17, 2001, at 7:00 p.m., or as
soon thereafter as the matter may be heard, on the proposed amendment of
Section 36.1-25, Definitions, Chapter 36.1, Zoning, Code of the City of Roanoke
(1979), as amended, to amend the definition of tow truck operation to facilitate in
the proper classification and location of such use and to assist in code
enforcement activities pertaining to such uses, the matter was before the body.
A report of the City Planning Commission advising that on November 15,
2601, the Planning Commission voted to approve the proposed amendment and
forwarded a recommendation to Council; however, since the Planning
Commission's meeting, additional public comment has been received.
310 -
The City Planning Commission recommended that the City's Towing
Advisory Board be informed of the proposed amendment and provided with
appropriate information, and requested that the proposed amendment defining a
tow truck operation be referred back to the City Planning Commission for further
consideration.
Without objection by Council, the Mayor advised that the matter would be
referred back to the City Planning Commission for further report to Council.
SEWERS AND STORM DRAINS-EASEMENTS-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, December t7, 2001, 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 City-owned property identified as Official Tax No. 2760603,
commonly known as 4037 Vermont Avenue, N. W., on which a drainage ditch is
constructed to protect adjacent properties from stormwater runoff and retaining
appropriate easements or rights-of-way to maintain the drainage ditch, to the
adjacent property owner, Paul L. Honaker, thereby relieving the City of Roanoke
of the cost of maintaining the property and returning same to the tax base, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2001- December 7, 2001.
A report of the City Manager advising that the City acquired a lot located on
Vermont Avenue, N.W., Official Tax No. 2760603, to construct a drainage ditch to
protect adjacent properties from stormwater runoff; an adjacent property owner,
Paul L. Honaker, has agreed to accept the lot with the drainage ditch, thereby
relieving the City of the responsibility of maintenance and forcretions to the tax
base; the other adjacent property owner, Vera A. Stuart, has signed a letter
indicating that she is not interested in owning the lot, or a portion thereof; the lot
is of no benefit to the City, may be declared surplus, conveyed to Mr. Honaker for
no consideration, and retaining appropriate easements or rights-of-way to
maintain the drainage ditch, was before Council.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents to convey said property to Paul
L. Honaker, with appropriate documents to be approved as to form by the City
Attorney.
Mr. Carder offered the following ordinance:
311
(#35697-121701) AN ORDINANCE authorizing the City Manager to execute a
deed providing for the conveyance of City-owned property located at 4037 Vermont
Avenue, N. W., and identified as Official Tax No. 2760603, upon certain terms and
conditions, and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 338.)
Mr. Carder moved the adoption of Ordinance No. 35697-121701. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Ordinance No.
35697-121701 was adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
The Mayor declared the public hearing closed.
ARMORY/STADIUM-CITY PROPERTY-HOSPITALS-LEASES: 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 17, 2001, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the City of Roanoke
to lease a portion of City-owned property located at Victory Stadium to Carilion
Medical Center, to provide up to a maximum of 300 parking spaces, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 30, 2001- December 7, 2001.
A report of the City Manager advising that Carilion Medical Center, an affiliate
of Carilion Health System, plans to construct a new addition to the Medical Center,
as well as a new 1,000 occupancy parking facility; construction will create a
temporary shortage of parking spaces for staff, physicians, residents, patients and
visitors at the Medical Center, with construction are scheduled to begin in
JaniJary 2002; Carilion has requested to lease parking at Victory Stadium for
employees who will be displaced by construction projects; a minimum of 200 and
a maximum of 300 parking spaces are requested for an initial period of up to two
years, subject thereafter to a monthly renewal by mutual agreement of the parties;
and the City has unused parking space available at Victory Stadium, located on
property adjacent to the footbridge connecting Wiley Drive to the grounds of Victory
Stadium, was before Council.
312 -
It was further advised that a Lease Agreement, has been prepared, effective
January 1, 2002; specifying that Carilion Medical Center has exclusive right to the
use of the leased property on business days (Monday-Friday) and during business
hours (6:00 am-5:00 pm) for a term of up to two years; the lease may be extended on
a month-to-month basis, upon mutual agreement between the City and Carilion
Medical Center; the Medical Center shall pay to the City $8.00 per month per space,
or a minimum of $1,600.00 or per month for 200 parking spaces; and if additional
spaces are required, the monthly rental rate will be increased proportionately; a
minimum of $38,400.00 in estimated revenue collected from the lease agreement will
be deposited in Parks and Recreation Recovered Cost Account No.
001-620-7110-8076 to be utilized for improvements to Parks and Recreation
programs; the Medical Center will be responsible for maintenance of the le ~sed
property, including improvements to the lot; and the Medical Center will also provide
security for the leased property and carry the appropriate amount of insurance
during the lease period.
The City Manager recommended, following the public hearing, that she be
authorized to execute an agreement, approved as to form by the City Attorney
between the City and Carilion Medical Center for a period of two years, with monthly
renewal options thereafter, and to take such further action as reasonably necessary
to implement and administer said agreement.
Mr. Bestpitch offered the following ordinance:
(#35698-121701) AN ORDINANCE authorizing the City Manager to execute a
lease agreement between the City of Roanoke and Carilion Medical Center for the
lease of parking spaces at Victory Stadium, and dispensing with the second re~-.'ling
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 339.)
Mr. Bestpitch moved the adoption of Ordinance No. 35698-121701. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Ordinance No.
35698-121701 was adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, White, Carder, Wyatt,
and Mayor Smith ........................................................................................... -7.
NAYS: None ................................................................................... -.~,;.---0.
313
The Mayor declared the public hearing closed.
The Mayor announced that RVTV Channel 3 coverage f the Concil meeting
would conclude.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor
advised that Council sets this time as a priority for citizens to be heard; and matters
requiring referral to the City Manager will be referred immediately, without objection
by Council, for response, report or recommendation to Council.
CITIZEN OF THE YEAR: Dr. E. T. Burton, 1640 Flora Lane, N. W., expressed
appreciation to the Members of Council and citizens of the City of Roanoke upon
receiving the honor of Roanoke's 2001 Citizen of the Year.
COMPLAINTS-FIRE DEPARTMENT-PENSIONS: Mr. W. A. Drewery, 844 Dillon
Drive, Vinton, Virginia, retired Roanoke City Fire Fighter, addressed Council in
connection with his retirement package, mismanagement of the Fire Department and
certain other City departments.
TRAFFIC-COMPLAINTS-STREETS AND ALLEYS: Mr. Chris Craft, 1501 East
Gate Avenue, N. E., called attention to a dangerous curve in the vicinity of King
Street, N. E., adjacent to the Parkway Wesleyan Church. He also referred to the
corner of 20th Street and Orange Avenue and advised that the business
establishment at that location has requested an adjustment to the location of the
median to enable vehicles traveling Route 460 in the direction of the City of Salem
to have access to its parking lot. He requested that the matters be referred to the
City Manager for investigation.
POLICE DEPARTMENT-COMPLAINTS-HOUSING/AUTHORITY-CITY
EMPLOYEES: Mr. Robert Gravely, 617 Hanover Avenue, N. W., addressed issues in
connection with neglect of the City's infrastructure in the inner City communities,
inadequate wages for the City work force, mismanagement of certain City
departments, neglect of citizen needs, crime in the City of Roanoke, improper
housing for Roanoke's disadvantaged population, and lack of services for senior
citizens.
At 7:50 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 8:35 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, Mayor Smith presiding.
314
COUNCIL: With respect to the Closed Meeting 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 Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder and Mayor Smith .......... -4.
NAYS: None ........................................................................................ -0.
(Council Members Hudson, White and Wyatt were out of the Council Chamber when
the vote was recorded.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that there
is a vacancy on the Industrial Development Authority created by the resignation of
Thomas Pettigrew, and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Charles E. Hunter, III.
There being no further nominations, Mr. Hunter was appointed as a member
of the Industrial Development Authority to fill the unexpired terr,~ of
Thenna Pettngrew resigned, ending October 20, 2004, by the following vote:
FOR MR. HUNTER: Council Members Hudson, Harris, Bestpitch, White,
Carder, Wyatt, and Mayor Smith ..................................................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 8:40 p.m.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smit~-
Mayor
315
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January7,2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
January 7, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William H. Carder, William White, Sr.,
W. Alvin Hudson, Jr., William D. Bestpitch, Linda F. Wyatt, and Mayor
Ralph K. Smith ................................................................................................ -6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L.
William M. Hackworth, City Attorney; James D.
Mary F. Parker, City Clerk.
Burcham, City Manager;
Grisso, Director of Finance; and
WATER RESOURCES: The City Manager called attention to measures which
were taken last week to initiate voluntarywater conservation in the City of Roanoke;
whereupon, she called upon Michael McEvoy, Director of Utilities, to review water
issue activities.
Mr. McEvoy advised that as of January 7, 2001, Carvins Cove is 18.7 feet below
the spillway which is about 3.5 feet below what is typically experienced in January,
and Carvins Cove is about 2% feet above its level during the 1999 drought. He stated
that Carvins Cove operates solely on rainfall and snowfall; the treatment plant is
currently producing approximately 14 million gallons of water per day and a typical
annual average is 15 to 15.5. He explained that rainfall is down and in 2001, the area
received approximately 60 per cent of what it would have received on an annual
average; and since October 2000, the level is more than 22" below normal, with
Roanoke experiencing moderate drought conditions. He added that on January 3,
the City issued a press release calling for voluntary water conservation; voluntary
water conservation is the first phase in the water management plan; if the situation
continues, at 22 feet it is proposed that the City will go to a partial restriction where
no outdoor watering will be allowed between the hours of 10:00 a.m., and 7:00 p.m.,
316 -
which is the biggest evaporation period; and the City is also looking at suspending
the sewer exemption credit program. He stated that if the City goes to full restriction
at 26 feet, it would then begin purchasing water from surrounding localities and the
two tier conservation rate providing for billing at a higher water rate will go into
effect, thereby providing economic incentives for citizens to conserve water and to
recover the costs of purchasing water, both of which require action by Council.
In regard to infrastructure, he advised that the Crystal Spring Plant is under
construction, with an expected completion date of December 2002. He stated that
discussions have taken place with Health Department officials with regard to placing
Crystal Spring back on line in the event that the drought continues.
Mr. McEvoy presented an update on the ground water development program
which was initiated after the 1999 drought when wells were drilled at various
locations throughout the City, with mixed results. He noted that the wells at the
Ca~..rvins Cove Filter Plant are somewhat productive, generating between 200,000 -
300,000 gallons per day; a fairly successful well was drilled near Mill Mountain in the
vicinity of an old landfill site, however, there were concerns about the well being put
into production, and it was later abandoned; there was a fairly productive well at the
Muse Springs site located on the corner of Bennington Street and Riverland Road
which appears to be productive, however, issues have arisen and the City is
currently leasing the water from Muse Spring to the Fred Whittaker Company, and
if the well becomes operational, it could impact the Muse Spring water. In addition,
he stated that the well at Muse Spring is in the path of 1-73, therefore, the site has
certain construction issues. He stated that management issues are being
addressed though public education items, the City's annual calendar, the Citizen
Magazine, spots on RVTV Channel 3 Inside Roanoke, messages on water bills,
public service announcements, updates on the City's Web site, all of which are
intended to provide additional water conservation information.
He called attention to discussions with Roanoke County regarding cooperative
efforts; i.e.: the 1999 water contract which allows a level of water sharing through
a trading of water concept, thus allowing maximization of the infrastructure. He
called attention to discussions with his counterpart in Roanoke County, along with
the City Manager with her counterpart in Roanoke County, on the concept of a
regional water authority; and the City Manager has charged him with the
responsibility of discussing issues and benefits with the County's Utility Director
to determine necessary actions for the two existing budgets to be combined into one
authority, would other jurisdictions in the area be interested in participating in a
water authority, etc., and it is in the best interest of the citizens in the long term if
certain immediate short term issues can be resolved.
317
He stated that the City is not in a crisis situation as yet, the City is in the first
stage of the water conservation plan and trying to heighten awareness by
encouraging citizens to begin thinking about their water usage. He further stated
that this is the best time of the year to fill Carvins Cove; typically, the Cove fills in the
late winter/early spring; and historically, there are 50+ years of operation at Carvins
Cove, with Carvins Cove having experienced only two significant droughts, the 1999
drought being the most significant, therefore, the odds are in the City's favor. He
advised that the National Weather Service is reporting average to dry conditions over
the next 90 days and there is a good chance of getting an average rainfall and
replenishing Carvins Cove.
Mr. McEvoy explained that during the upcoming weeks, a public education
campaign will continue; if the City is required to go to mandatory water restrictions,
the necessary documents will be prepared for action by Council; and City officials
will continue to work with the Health Department regarding the reactivation of the
Crystal Spring water supply, while continuing to investigate other resources for
increasing the City's water supply.
There was discussion with regard to the condition of the City's water lines;
actions as a result of the 1999 drought in regard to a water contract with Roanoke
County; the status of wells that were authorized in 1999; a recent newspaper article
that Roanoke County may not have sufficient water to sell the City; a regional water
authority; placing the Crystal Spring Filter Plant back in operation as soon as
possible; significant problems which are being experienced by much of the
southeastern part of the United States, with lower than average rainfall in recent
times, and regardless of the types of agreements that are currently in place, if the
water is not available, it cannot be shared; a method of injecting a synthetic material
inside the water main that adheres to the inside of the pipe and allows at least
another 50 years of use, which could provide a more economical approach to
replacing pipes; and another technology that pulls a cutter head which destroy~ the
old pipe while pulling in new pipe.
With regard to a regional water authority, the City Manager advised that the
Mayor and the City Manager have met on a monthly basis with their counterparts in
Roanoke County to discuss, among other things, the issue of a regional water and
perhaps sewer authority, with direction to City and County staffs to initiate the
detailed work that is necessary to move the localities toward a regional authority.
She stated that the movement to an authority can be compared to a second marriage
where there are "yours, mine and our children", where certain things are brought to
the table and certain new things happen as a result of the union. She added that this
is the kind of approach that the localities will have to use in order to accomplish
what appears to be in the best interest of the citizens, because each locality brings
318
something different to the table and each locality has a different investment in its
respective water system. She further stated that it is also clear that the City, while
it has the cheapest water rates in the state, should spend more money on its
infrastructure, lines need to be repaired and replaced, and because of other
priorities, a master utility plan has not been prepared for the City, in order to plan for
repairs and improvements, as opposed to participating in a kind of preventative
maintenance or repair mode. She explained that the City has recently commissioned
an organization to submit a recommendation for a multi year, multi phased program.
She called attention to areas of the City where water pressure is a problem because
housing units have changed over time, therefore, infrastructure responsibilities will
exist in a regional system. She advised of the necessity to study additional water
resources for the future and that the localities should not be content with the
resources that each bring to the table. She stated that moving to a water authority
will not occur over night and it is anticipated that there will be a need to engage an
independent consultant to review issues such as rate setting, among other things.
She added that Council has set the stage for water conservation through approval
of a recommendation during the latter part of last year with regard to a water rate
increase system that stresses conservation, the kinds of messages that are being
sent regarding what Roanoke wants to do as a community in order to become more
environmentally sensitive, and to encourage citizens to appreciate, preserve and
protect current resources. She assured the Members of Council that the water issue
will be a priority for her administration while, at the same time, managing water
resources in a prudent manner on a daily basis. She reiterated that the City is not
in a crisis mode at the present time, but the City is being a good steward by initiating
an awareness of the circumstances and planning for the future.
Ms. Wyatt raised the following questions for response by the City Manager at
a later date:
What will be the overall cost to upgrade the City's water system? What
will be the rate/billing impact on the average daily City water customer?
If a water authority is established, what overall costs will be passed on
to the City relative to the Spring Hollow Reservoir? How much will the
average City water bill increase?
In the interim, using the City's current water system, what will be the
cost to the City to purchase water? What will be the rate/billing impact
on the average daily City water customer?
If a water authority is established, how will the cost for the Spring
Hollow Reservoir be addressed? Will a portion of the costs to upgrade
319
the City's water system be included in the budget of the water authority,
or will the water authority fund improvements? What will be the overall
cost to the City and to the average City water customer?. What will be
the cost to establish and maintain a water authority? Will there be cost
savings? Will there be fewer personnel if the two water systems are
combined, or will there be another level of bureaucracy to be funded?
If a water authority is established, what will be the status of the long
term contract with Roanoke County for the purchase of water?
Why were wells drilled in certain areas where it was anticipated that
· potential problems could exist?
In addressing a regional water authority, Ms. Wyatt requested that the
City Manager make a concerted effort to keep citizens adequately
informed.
Mr. McEvoy responded that a document could be provided within 60 - 90 days
which will address the questions raised by Ms. Wyatt.
Mr. McEvoywas requested to summarize the progress of the long range water
supply committee which is staffed by the Roanoke Valley-Allegheny Commission;
whereupon, he advised that the committee is composed of elected representatives
from jurisdictions within the Fifth Planning District; however, because of funding
issues, a regional water study which was proposed by the committee has not been
prepared. He added that a request for state funds and funding by local businesses
was xlenied:
Mr. McEvoy was requested to provide an update on the Falling Creek water
supply; whereupon, he advised that Falling Creek is a little below normal for this
time of year; Falling Creek does not supply a large amount of water, with a yield of
0.8 to 1 million gallons per day, and Falling Creek is a small facility that helps to
serve the eastern service boundary, but does not have a major impact on the City's
total water consumption.
The Mayor requested information on the number of gallons of water required
to fill Carvins Cove, how many millions of gallons of water currently exist in Carvins
Cove, and the status of the Spring Hollow Reservoir.
In regard to the use of wells, Mr. McEvoy advised that the City does not use
a large amount of well water; two wells are in operation at the Carvins Cove Filter
Plant that go through the treatment process and provide approximately 200,000 -
300,000 gallons of water per day which is a small amount compared with the 14
320 -
million gallons per day produced at Carvins Cove. Other than the two wells at
Carvins Cove, he stated that the City does not use wells for potable water
consumption within the City limits, some businesses use wells that were drilled after
the 1999 drought and a percentage of customers in the northeast section of the City
rely on wells for their water consumption.
The Mayor requested that all significant potable sources of water for the
Roanoke Valley be provided in written format.
The City Manager advised that it is important to stress that the City is
engaging in pre planning, looking ahead and to the extent possible, averting any
unusual and extraordinary conditions, and citizens are requested to help by
conserving water. She assured the community that the City will be as open and as
public as possible in the sharing of information; and the City will provide tips on
how to conserve water by inviting school age children and the adult community to
offer suggestions as a community project. She stated that everyone will work
together to find solutions to the water situation, water issues are not unique to
Roanoke and to the Roanoke Valley, but it is an issue that will be with the Roanoke
Valley for many years to come as we work toward getting through the winter season
and discussions regarding a regional authority. She further stated that citizens will
have to be vigilant in the future, better conservators of water and look for new water
resources, and she pledged to work toward meaningful solutions that will be
acceptable to the community, with water issues to be discussed on a regular basis
in the future.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-371 l(A)(1), Code of Virginia (1950),
as amended, was before the body·
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ............. -6.
NAYS: None ....
(Council Member Harris was absent.)
321
COUNCIL: A communication from Council Member C. Nelson Harris, Chair,
City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss a matter with regard to the performance of three Council-
Appointed Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended, was before the body.
Mr. White moved that Council concur in the request of the Chair of' 'City
Council's Personnel Committee to convene in a Closed Meeting to discuss a matter
with regard to the performance of three Council-Appointed Officers, pursuant to
Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ............................................................................................ -6.
NAYS: None.
(Council Member Harris was absent.)
At 1:20 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 Monday, January 7, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William H. Carder, William White, Sr.,
W. Alvin Hudson, Jr., William D. Bestpitch, Linda F. Wyatt and Mayor
Ralph K. Smith ............................................................................................... -6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
Pamela P. Crump, Director of Christian Education, High Street Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
322
PRESENTATIONS AND ACKNOWLEDGEMENTS: None.
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.
MINUTES: Minutes of the regular meeting of Council held on Monday,
November 5, 2001, were before the body.
Mr. Bestpitch moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .................................................................................. -6.
NAYS: None .....
(Council Member Harris was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-FLOOD
REDUCTION/CONTROL: A communication from the City Manager advising that
pursuant to the requirements of the Code of Virginia (1950), as amended, the City of
Roanoke is required to hold a public hearing on the proposed conveyance of
property rights; whereupon, the City Manager requested that a public hearing be
advertised for Tuesday, January 22, 2002, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in connection with the Roanoke River Flood Reduction Project
. subdivision and conveyance of property rights, was before Council.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ........ -6'
NAYS: None
(Council Member Harris was absent.) ..
323
NEWSPAPERS-LEASES-AIR RIGHTS: A communication from the City
Manager advising that pursuant to the requirements of the Code of Virginia (1950),
as amended, the City of Roanoke is required to hold a public hearing on the
proposed conveyance or lease of property rights; whereupon, the City Manager
requested that a public hearing be advertised for Tuesday, January 22, 2002, at 7:00
p.m., or as soon thereafter as the matter may be heard, in connection with a request
of the Times-World Corporation for the lease of air rights over Second Street, S. W.,
was before Council.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. -6.
NAYS: None -0.
(Council Member Harris was absent.)
COMMONWEALTH OF VIRGINIA BUILDING-BUILDINGS/BUILDING
DEPARTMENT-LEASES: A communication from the City Manager advising that the
General Services Administration (GSA) of the Federal Government currently leases
space within the Commonwealth Building; the GSA uses the second floor of the
building for the Federal Bankruptcy Court and its affiliated offices; the lease also
includes one office on the first floor; and the current lease expires on
January 31, 2002, the GSA is interested in extending the current lease for one year,
pursuant to the terms of the current lease, which is $6.50 per square foot, plus $3.93
per square foot for operating costs (increased annually based on consumer price
index), with an annual rent amount of $129,549.60, was before Council.
The City Manager requested that a public hearing be advertised for Tuesday,
January 22, 2002, at 7:00 p.m., or as soon thereafter as the matter may be he~.'d in
connection with extension of a lease agreement with the General Services
Administration for space within the Commonwealth Building.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None.
(Council Member Harris was absent.)
324 -
TRAFFIC-COMMITTEES-TOWING CONTRACT: A communication from
Sergeant C. A. Karr tendering his resignation as a member of the Towing Advisory
Board, effective September 18, 2001, was before Council.
Mr. Bestpitch moved that the communication be received and filed and that
the resignation be accepted. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ............. -6.
NAYS: None--
(Council Member Harris was absent.)
HUMAN DEVELOPMENT-ROANOKE ARTS COMMISSION-
ARCHITECTURAL REVIEW BOARD-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
James Schlueter as a member of the Architectural Review
Board for a term ending October 1, 2005;
Robert Humphreys as a member of the Roanoke Arts
Commission for a term ending June 30, 2004; and
Cheri W. Hartman as a member of the Advisory Board of
Human Development for a term ending November 30, 2005.
Mr. Bestpitch moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ........ --6.
NAYS: None
(Council Member Harris was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS: None.
325
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that the City's current agreement for provision of ticketing services at the
Roanoke Civic Center will expire on February 2, 2002; the City wishes to enter into
a contractual agreement with a ticket service provider for computerized ticketing
services for the City's Civic Facilities; although the sealed bid method of
procurement would normally be used, it is not practicable and/or fiscally
advantageous to the public in this case; experience, qualifications, and ability to
provide services required are of equal, if not greater, importance than the cost;
issues of technology, computer hardware and software, ticket outlet network,
telephone sales network, and credit card capability are of significant importance to
a successful ticketing operation; additional issues, other than price, include
equipment installation, maintenance and repair, employee training, customer
responsiveness, and accounting procedures; therefore, the process of competitive
negotiation, using the request for proposal process has been identified as the best
method for procurement of said services.
It was further advised that the Code of the City of Roanoke provides, as an
alternate method of procurement to using the bid process, a process identified as
"competitive negotiation"; prior approval by Council is necessary before the
alternate method may be used; and this method will allow for negotiations with two
or more providers to determine the best qualified at the most competitive price or
rate.
The City Manager recommended that Council authorize the use of competitive
negotiation as the method to secure a ticket service provider at City Civic Facilities.
Mr. Bestpitch offered the following resolution:
(#35699-010702) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of a ticket service
provider to provide computerized ticketing and related services for the City's Civic
Facilities; and documenting the basis for this determination.
(For full text of Resolution, see Resolution Book No. 65, page 341 .)
326 -
Mr. Bestpitch moved the adoption of Resolution No. 35699-010702. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ........... -6.
NAYS: None-
(Council Member Harris was absent.)
Following discussion, the Mayor requested a list of potential vendors.
In negotiating a new contract, Ms. Wyatt requested that the City Manager
stress the importance of delivering tickets in a timely manner.
BUDGET-NEIGHBORHOOD ORGANIZATIONS-GRANTS: The City Manager
submitted a communication advising that the Derelict Structures Fund (DSF) is a
program funded by the General Assembly to assist with removal or renovation of
badly deteriorated properties; the Virginia Department of Housing and Community
Development (DHCD) solicited proposals for the program in the year 2000; on
August 7, 2000, Council authorized the City Manager to submit a funding proposal
to DHCD for $100,000.00, authorized execution of any and all requisite documents
accepting the grant; and further authorized execution of agreements with Two B
Investments and the Northwest Neighborhood Environmental Organization (NNEO)
for the renovation of:
113 Norfolk Avenue, S. W., on Warehouse Row. The Warehouse is
being renovated by Two B Investments (Bruce Brenner)for use as high-
tech offices.
525, 526 and 532 Loudon Avenue, N. W., are in the Gilmer
neighborhood. These properties are being renovated by NNEO for
residential use.
It was further advised that a grant agreement accepting the funds with DHCD
was executed on May 29, 2001, which agreement committed the funds for use
exclusively with the Warehouse Row and 500 block of Loudon Avenue, as proposed;
total, amount to be provided from the Derelict Structures Fund for the Warehouse
Row project is $50,000.00 and will be in the form of a 0% loan, to be repaid to the
City at a rate of $10,000.00 per year, beginning one year after completion of shell
327
renovations; total amount to be provided from the Derelict Structures Fund for the
500 block of Loudon Avenue is a $50,000.00 grant; and once the projects are
completed as proposed, the City will be reimbursed by DHCD in the amount of
$100,000.00.
The City Manager recommended that Council appropriate $100,000.00 to an
account in the Grant Fund to be established bythe Director of Finance, and establish
an account receivable and revenue estimate in the same amount.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35700-010702) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 342.)
Mr. Bestpitch moved the adoption of Ordinance No. 35700-010702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. -6.
NAYS: None.
(Council Member Harris was absent.)
BUDGET-COMMUNITY PLANNING-CONSULTANTS REPORTS: The City
Manager submitted a communication advising that as recommended in Vision 2001-
2020, the City's Comprehensive Plan, City staff has encouraged and considered new
development opportunities that are consistent with the Comprehensive Plan,
especially with respect to new housing and village centers; in an effort to move
forward in considering new projects, additional technical planning and architectural
assistance is needed to master plan potential development sites and to help
evaluate proposed projects; and many urban cities have similar contracts with
consultants to assist in the preliminary design and review of development
proposals.
It was further advised that recently, the City requested proposals from
architectural and planning firms to provide urban design and master planning
services for miscellaneous projects to be determined by the City; proposals were
received, firms were interviewed, and consultant selection has been completed;
contracts are to be awarded to RTKL Associates, Inc. (Washington, D. C.) and to The
Lawrence Group (Davidson, North Carolina), for one year, with an option to renew
328 '"
for a second year; current contract does not exceed $75,000.00 and additional funds
will have to be appropriated for the second year; funding in the amount of $75,000.00
is available in the "Capital Projects Fund" account "Environmental Issues"; and
approval by Council is required to appropriate funds from a capital to a new capital
account for professional services.
The City Manager recommended that Council appropriate $75,000.00 from
Account No. 008-052-9670, Environmental Issues, to a new capital project account
to be established for the purpose of urban design and master planning services.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35701-010702) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 343.)
Mr. Bestpitch moved the adoption of Ordinance No. 35701-010702. The motion
was seconded by Mr. Carder.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if $75,000.00 is to be
used for a comprehensive plan for the southeast quadrant of the City, or if the
$75,000.00 can be used in any part of the City for any type of improvement or
enhancement project.
The City Manager responded that the contract under discussion for master
planning and design services was specifically approved by Council several months
ago, thus enabling City staff to request proposals for assistance in reviewing
specific areas of the City and specific parcels of land owned by the City for future
development, in order to improve the City's housing stock. She asked that the
matter not be confused with any other activity that has been advertised for
proposals. She stated that City resources, particularly HUD funds, along with
Design Competition, the Roanoke Housing Network, and the Christmas In April
project, are targeted for the southeast Roanoke project.
Ordinance No. 35701-010702 was adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .............. -6.
NAYS: None
(Council Member Harris was absent.)
329
For discussion du ring fiscal year 2002-03 budget study, Council Member Wyatt
requested a report on the number of consultants presently under contract by the
City, the dollar amount of each contract, and the percentage of the City's budget
which is devoted to consulting fees.
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
November, 2001.
Without objection by Council, the Mayor advised that the financial report
would be received and filed.
CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written
report advising that the provisions of Article III, Employee Supplemental Retirement
System, City of Roanoke Pension Plan, currently contain outdated language related
to optional forms of benefit payments under terms of the Plan; specifically, existing
optional forms of benefits provide for recalculation of a joint and sul'.ivor
distribution option in the event the spouse were to pre-decease the retiree; however,
the Plan does not address the instance of a final divorce decree; therefore, if a
retiree who originally elected a joint and survivor annuity form of payment
subsequently divorces, there is no provision to "credit" the retiree for the reduced
benefit amount originally selected, even though the final divorce decree releases the
retiree (and Pension Plan) from any liability associated with the ex-spouse's
entitlement to any portion of the retiree payments.
It was further advised that many retirement plans have modernized provisions
in recent years to reflect current lifestyles; the more modernized language
recognizes that a retiree may originally elect a joint and survivor form of benefit to
provide for his/her spouse; then, subsequently become divorced from his/her
spouse; currently, Plan provisions require that the retiree continue to receive the
reduced monthly amount even though the divorce decree nullifies a pension benefit
to the ex-spouse; and the retiree is barred by City Code from changing hi?!her
original distribution election since the Plan provides that such change may only be
made in the event of death of the spouse (not recognizing divorce).
The Director of Finance recommended that a provision be added to the
Employee Supplemental Retirement System that will allow retired members who
have elected to receive an optional benefit to revoke such election; and to receive
from the date of the divorce decree the retirement allowance to which they would
have been entitled had no option been elected initially and the divorce decree
releases the employer from provision of the retirement benefit. He advised that this
election could be made in the event (a) the original survivor had died; and (b) a final
decree of divorce with the retired member from the original survivor has been
entered.
330
Mr. Bestpitch offered the following emergency ordinance:
(#35702-010702) AN ORDINANCE amending and reordaining §22.1-49 Optional
spouSal allowance, of Chapter 22. Pensions and Retirement, of the Code of the City
of Roanoke (1979), as amended, for the purpose of allowing restoration, under
certain terms and conditions, of a retired member's allowance to an amount that
would have been paid to the member had no spousal allowance been elected, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 344.)
Mr. Bestpitch moved the adoption of Ordinance No. 35702-010702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith- - .....-6.
NAYS: None.
(Council Member Harris was absent.)
INSURANCE-BUDGET: 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), 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, at June 30, 2001,
$250,000.00 was reserved in the General Fund for self-insured liabilities.
The Director of Finance recommended that Council adopt a budget ordinance
appropriating the $250,000.00 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 and
increasing the Reserve for Self-Insured Liabilities.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35703-010702) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Risk Management Funds Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 347.)
331
Mr. Bestpitch moved the adoption of Ordinance No. 35703-010702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ......................................................................................... -6.
NAYS: None 0.
(Council Member Harris was absent.)
LEASES-EQUIPMENT: The Director of Finance and the City Manager submitted
a joint written report advising that Council adopted Resolution No. 35193 on
February 5, 2001, authorizing execution of a Lease Purchase Agreement with
SunTrust Leasing Corporation, and any other required documents related to the
Lease Purchase Agreement; a 'related document' was the Escrow Agreement
entei'ed into as of January 15, 2001, among the City of Roanoke, SunTrust Bank, and
SunTrust Leasing Corporation; Article III, Section 3.4 of the Escrow Agreement,
Transfers Upon Completion, essentially required the City to disburse all equipment
acquisition funds by January 14, 2002, or return said funds to SunTrust Leasing
Corporation as a prepayment of principal under the lease; the City needs an
extension of the required disbursement date in order to finalize disbursement of
funds under the lease, which extension is necessitated by several factors: the
largest portion, $1,353,000.00, of the $2,503,000.00 of lease proceeds was dedicated
to fleet replacement; and many of the items selected for funding through the capital
lease are large equipment items that require significant lead-time when ordering and
placing into use; therefore, approximately $442,000.00 of fleet funds are encumbered
at this time awaiting delivery of equipment.
It was further advised that another factor impacting the need for an extension
is reallocation of approximately $217,000.00 of proceeds originally planned fo~;new
equipment for the police building toward other projects identified in the City's
Capital Maintenance and Equipment Replacement Program (CMERP), which was
accomplished by action of Council on September 4, 2001, and was made possible
by the fact that the police building equipment was purchased at an amount less than
the estimated budget; because other priority items have been identified to reallocate
the proceeds, the City needs additional time to acquire the items; extending the
scheduled disbursement date will enable the City to maximize its use of lease
financing as originally planned, as opposed to prepaying lease principal; the Citywill
continue to earn interest earnings on lease proceeds not yet disbursed; and
Suntrust Leasing Corporation agrees to the extension.
The Director of Finance and the City Manager recommended that Council
adopt a resolution authorizing execution of the Lease Purchase Amendment with
SunTrust Leasing Corporation extending the period of disbursement of funds under
the lease to July 14, 2002.
332 -
Mr. Bestpitch offered the following resolution:
(#35704-010702) A RESOLUTION authorizing execution of an Amendment of
Lease Documents with respect to the Escrow Agreement, dated January 15, 2001,
entered into in connection with an Equipment Lease Purchase Agreement, under the
same date, between Suntrust Leasing Corporation and the City of Roanoke,
providing for the acquisition and installation of certain equipment by the City; such
Amendment providing for the extension of the disbursement date in the Escrow
Agreement from January 14, 2002, to July 14, 2002.
(For full text of Resolution, see Resolution Book No. 65, page 348.)
Mr. Bestpitch moved the adoption of Resolution No. 35704-010702. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council
and Mayor Smith
Members Carder, Hudson, Bestpitch, Wyatt
5.
NAYS: None
(Council Member Harris was absent.) (Council Member White was out of the Council
Chamber when the vote was recorded.)
REPORTS OF COMMITTEES:
COMMITTEES-ARCHITECTURAL REVIEW BOARD: A report of the
Architectural Review Board advising that the Board adopted the current
Architectural Design Guidelines in June, 1995; the Board amended the guidelines
in July, 2000, to incorporate specific guidelines for retaining walls, which were
developed following an extensive public involvement process and work with
neighborhood groups; the purpose of the guidelines is to assist both property
owners and the ARB in making consistent and appropriate decisions on
construction materials and methods in historic districts; the guidelines are
recommendations rather than City Code requirements, therefore, they provide for
flexibility in dealing with special circumstances and materials; and each
architectural review case is decided on its own merits, was before Council.
It was further advised that historic districts are a part of the zoning ordinance
and "overlay" the existing zoning that guides land use; Roanoke has two historic
overlay districts: the H-l, Historic District, and the H-2, Neighborhood Preservation
District; the H-1 District is generally limited to portions of downtown, including the
City Market and Warehouse Row; the H-2 District covers a wider territory that
includes Old Southwest, portions of Gainsboro, N. E., and Patterson Avenue, S. W.;
and the H-I guidelines stress restoration and are generally more stringent than the
H-2 guidelines, which stress compatibility of design.
333
It was explained that in October, 2000, planning staff sponsored a community
workshop to review the H-2 guidelines; approximately 50 citizens attended;
participants were requested to review each of the 349 guidelines and indicate
whether they agree or disagree, and results are as follows:
257 guidelines had 90-100% in agreement
70 guidelines had 80-89% in agreement
18 guidelines had 70-79% in agreement
3 guidelines had 62-69% in agreement;
The Architectural Review Board recommended that Council adopt a resolution
endorsing Architectural Review Guidelines, as amended, for the H-1 and H-2
Districts.
Robert B. Manetta, Chair, Architectural Review Board, appeared before
Council in support of the recommendation.
Mr. Carder offered the following resolution:
(#35705-010702) A RESOLUTION endorsing Architectural Design Guidelines
for the H-l, Historic District, and the H-2, Neighborhood Preservation District.
(For full text of Resolution, see Resolution Book No. 65, page 349.)
Mr. Carder moved the adoption of Resolution No. 35705-010702. The mntion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 6.
NAYS: None 0.
(Council Member Harris was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
DIRECTOR OF FINANCE: Mr. Carder offered the following resolution
appointing Jesse A. Hall as Director of Finance, effective at midnight on
January 31, 2002, or as soon thereafter as Mr. Hall can assume such position, for a
term ending on September 30, 2002:
334 -
(#35706-010702) A RESOLUTION electing and appointing Jesse A. Hall as
Director of Finance for the City of Roanoke, and ratifying the terms and conditions
of employment as offered to Mr. Hall.
(For full text of Resolution, see Resolution Book No. 65, page 350.)
Mr. Carder moved the adoption of Resolution No. 35706-010702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ..... -6.
NAYS: None--
(Council Member Harris was absent.)
COMMITTEES-INDUSTRIES: Mr. Carder offered the following resolution
appointing Charles A. Hunter, III, as a Director of the Industrial Development
Authority:
(#35707-010702) A RESOLUTION appointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill the remaining portion of a four
(4) year term on its Board of Directors.
(For full text of Resolution, see Resolution Book No. 65, page 352.)
Mr. Carder moved the adoption of Resolution No. 35707-010702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith .......... ---6.
NAYS: None-
(Council Member Harris was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Council Member
Wyatt commended Roanoke City Police Officers on their patriotic conduct during the
Pledge of Allegiance to the Flag at Roanoke Express Hockey games at the Roanoke
Civic Center.
335
CITY MANAGER COMMENTS:
REFUSE COLLECTION-CITY EMPLOYEES-PUBLIC WORKS-STREETS AND
ALLEYS: The City Manager commended City staff on the condition of City streets
which were well maintained during and following the snow/ice occasion on Sunday,
January 6, 2002.
The City Manager requested that citizens be mindful of the fact that when a
City holiday occurs on a Monday, refuse collection could be delayed by as much as
one to two days in the same week. She called attention to the
Dr. Martin Luther King, Jr. Holiday, which will be observed by City employees on
Monday, January 21; therefore, refuse collection will be delayed by at least one day
during the week of January 21.
At this point, the Mayor stated that RVTV, Channel 3, coverage of the Council
meeting will be concluded.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred, without objection by Council, for
response, report and recommendation to Council. He further advised that thi~ is a
time for informal dialogue by Council and citizens.
FIRE DEPARTMENT-CITY COUNCIL-HOUSING/AUTHORITY:
Ms. Helen E. Davis, 35 Patton Avenue, N. E., referred to Council's Rules of Procedure
which require that there be no cheering, jeering, or applauding, except during
ceremonial matters, during the Council proceedings. She inquired if the rule is
applied uniformly to all citizens, regardless of race. She expressed appreciation to
Council Member Bestpitch for meeting with residents of Lincoln Terrace to hear their
concerns, specificallywith regard to screen doors on housing units. She expressed
concern with regard to the closing/proposed closing of certain fire stations in the
City. Specifically, she stated that Fire Station No. 12 is closed, while the Clearbrook
Fire Station in Roanoke County is operational, and many citizens believe that the
City of Roanoke should take care of its own citizens before venturing into Roanoke
County. She requested that Council give further study to the closing/proposed
closing of certain City fire stations. -
At 3:15 p.m., the Mayor declared the meeting in recess for two closed
sessions.
At 4:00 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member Harris.
336
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ......... -6.
NAYS: None
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-LEAGUE OF OLDER AMERICANS:: The
Mayor advised that the term of office of Vickie F. Briggs as a member of the League
of Older Americans Advisory Board will expire on February 28, 2002, and called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Vickie F. Briggs.
There being no further nominations, Ms. Briggs was reappointed as a member
of the League of Older Americans Advisory Board, for a term ending
February 28, 2003, by the following vote:
FOR MS. BRIGGS: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ......... -6'
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT-FIFTH PLANNING
DISTRICT COMMISSION: The Mayor advised that the term of office of
Glenn D. Radcliffe as the City's representative to the Fifth Planning District Disability
Services Board will expire on January 31,2002, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Carol D. Wright.
There being no further nominations, Ms. Wright was appointed as the City's
representative to the Fifth Planning District Disability Services Board, for a term
ending January 31, 2005, by the following vote:
337
FOR MS. WRIGHT: Council Members Carder, White, Hudson, Bestpitch, Wyatt
and Mayor Smith ........................................................................................... -6.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-
VIRGINIA TECH: The Mayor advised that there is a vacancy on the Hotel Roanoke
Conference Center Commission, effective February 1, 2002, created by the
resignation of James D. Grisso, and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Mayor Ralph K. Smith.
There being no further nominations, Mayor Smith was appointed as a member
of the Hotel Roanoke Conference Center, to fill the unexpired term of
James D. Grisso, resigned, commencing February 1,2002 and ending April 12, 2004,
by the following vote:
FOR MAYOR SMITH: Council Members Carder, White, Hudson, Bestpitch,
Wyatt and Mayor Smith ..................................................................................... -6.
(Council Member Harris was absent.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: It was the
consensus of Council that the following persons will be appointed to serve on an
ad hoc committee to study the design, role and responsibilities of the Roanoke
Neighborhood Partnership Steering Committee:
Vice-Mayor William H. Carder
Council Member William D. Bestpitch
Assistant City Manager for Operations, Rolanda A. Johnson
Roanoke Neighborhood Partnership Coordinator, Stephen S. Niamke
Chair, Roanoke Neighborhood Partnership Steering Committee,
Carl D. Cooper
Roanoke Neighborhood Partnership Steering Committee Members,
Robin Murphy-Kelso and Paula L. Prince.
At 4:05 p.m., the Mayor declared the meeting in recess to be reconvened on
Thursday, January 10, 2002, at 12:00 noon at the Salem Civic Center, Parlor C, 1001
Roanoke Boulevard, Salem, Virginia, for the Roanoke Valley Leadership Summit
Luncheon, to be hosted by the City of Salem.
338 -
The meeting of Roanoke City Council reconvened on Thursday,
January 10, 2002, at 12:00 noon at the Salem Civic Center, Parlor C, 1001 Roanoke
Boulevard, City of Salem.
PRESENT: Council Members William D. Bestpitch, W. Alvin Hudson, Jr., and
Mayor Ralph K. Smith .3.
ABSENT: Council Members William H. Carder, C. Nelson Harris,
William White, Sr., and Linda F. Wyatt ........ .4.
OFFICERS PRESENT: Darlene L. Burcham, City
William M. Hackworth, City Attorney; and Mary F. Parker, City Clerk.
Manager;
COUNCIL-LEADERSHIP SUMMIT: The purpose of the reconvened meeting was
to participate in the Roanoke Valley Leadership Summit which was hosted by the
City of Salem. In January 2001, the City of Roanoke hosted the First Leadership
Summit which was established to provide an opportunity for members of the
governing bodies and administrative officials of the Roanoke Valley to discuss
matters of mutual interest and concern.
On behalf of the City of Salem, Forest Jones, City Manager, welcomed all
participants,
Mayor Carl E. Tarpley, Jr., welcomed elected and administrative officials and
advised that the City of Salem is pleased to host the Fifth Leadership Summit. He
noted that Franklin County is scheduled to host the next meeting.
A film was presented showcasing accomplishments of the City of Salem
during the past year.
Salem City Council Member, Alex Brown, presented the invocation.
Following lunch, the meeting reconvened at approximately 12:50 p.m., at
which time a film highlighting services provided by the City of Salem was shown.
The meeting was then turned over to Mayor Smith who facilitated an exercise
on the next steps for the Leadership Summit/items for regional cooperation;
whereupon, the following suggestions were offered:
Communication is important to the process.
By working with jurisdictions in the Roanoke Valley that have not
previously joined forces gives the localities strength when they
approach the General Assembly for assistance.
339
The Leadership Summits have provided a way to build relationships.
There is a need to meet more frequently than on a quarterly basis. The
chief elected official and the chief administrative official of each locality
could meet monthly to develop an agenda/work items that could be
brought back to the full Leadership Summit for its quarterly meetings.
Wayne Strickland, Executive Director, Roanoke Valley-Allegheny Regional
Commission, offered the services of the Roanoke Valley-Allegheny Regional
Commission to coordinate monthly meetings of chief elected officials and chief
administrative officials; whereupon, following discussion, it was the consensus of
those in attendance that the Roanoke Valley-Allegheny Regional Commission will
coordinate monthly meetings of the chief elected officials and the chief
administrative officials.
There being no further business, the meeting was adjourned at 1:30 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
~~Ralph K Smith'
Mayor
340 -
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
January 22, 2002
2:00 p.m.
The Counoll of the City of Roanoke met In regular aesalon on Tuesday,
January 22, 2002, at 2:00 p.m., the regular meeting hour, In the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Admlnlatrstlon, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Rsaulsr Mestlnas, Code of the City of Roanoke (1979}, as amended.
PRESENT: Council Members William D. Beetpltch, C. Nelson Harris,
William H. Carder, Linda F. Wyatt, W. Alvin Hudaon, Jr., William White, Sr., and
Mayor Ralph K. 8mlth .............. - ............ - ........................... .7.
ABSENT: None ...... - ........ -9.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grleso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Floyd W. Davis,
Pastor, High Street Baptlat Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: Inasmuch as
J&mee D. Gritto, Director of Finance, will retire from his position on
February I, 20G~, Mr. Harris offered the following resolution:
(t35708-012202) A RESOLUTION paying tribute to James D. Grieso, Director
of Finance for the City of Roanoke, and expressing to him the appreciation of this
City and its people for his exemplary public service.
(For full text of Resolution, see Resolution Book No. 65, page 355.)
341
Mr. Harris moved the adoption of Resolution No. 35708-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
The Mayor presented Mr. Grisso with a ceremonial copy of the above
referenced measure and commended him on his service to the City of Roanoke. He
advised that other presentations would be made at a reception to be held in
Mr. Grisso's honor on Tuesday, January 29, 2002.
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 to convene in Closed Session
to discuss the performance of two Council-Appointed Officers.
MINUTES: Minutes of the regular meeting of Council held on
Monday, November 19, 2001, and recessed until Monday, November 26, 2001, were
before the body.
Mr. Bestpitch moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr. Harris
and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
CITY EMPLOYEES-COUNCIL: A communication from Council Member
C. Nelson Harris, Chair, City Council's Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss the performance of two Council-Appointed
Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended,
was before the body.
342
Mr. Bestpitch moved that Council concur in the request of Council Member
Harris to convene in a Closed Meeting to discuss the performance of two Council-
Appointed Officers, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None
BUDGET: A communication from the City Manager recommending approval
of the following budget study calendar for the fiscal year 2002-03 budget, was before
Council.
Date Bud~let Preparation Activities
March 8, 2002 Financial Planning Session with City Council.
April 11, 2002
Recommended budget document delivered to City
Council Members.
April 15, 2002
City Manager presents recommended budget to City
Council.
April 29, 2002
Public hearings on recommended budget and tax
rates.
May 9-10, 2002 City Council budget study work sessions.
May 13, 2002
City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the
HUD Consolidated Plan and approves an annual
appropriation ordinance.
Mr. Bestpitch moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................. 7.
NAYS: None .................................................................................... -----0.
343
TAXES-REAL ESTATE VALUATION: A communication from the Director of
Real Estate Valuation advising that as prescribed by law, the Office of Real Estate
Valuation has completed the Annual General Reassessment Program for Fiscal Year
2002-03; "Change of Assessment Notices" were mailed to property owners on
January 18, 2002; the real estate tax base increased approximately 3.3 per cent due
to this year's annual reassessment; overall, the general reassessment program and
new construction indicate growth of 5.3 per cent in the real estate tax base to
July 1, 2002; and last year's growth was 5.4 per cent, was before Council.
It was further advised that individual property assessments vary widely from
the City wide average of 3.3 per cent; most assessment changes will range from 3
per cent to 7 per cent, with a majority at 5 per cent, or less; if a property owner made
improvements to the property during the year that increased its value, the property
owner may receive an increase higher than others; and assessment appeals will be
conducted from January 18 through February 15, 2002.
Mr. Bestpitch moved that the communication be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................... -0.
ZONING-HUMAN DEVELOPMENT-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Glenn D. Radcliffe and Pam Kestner-Chappelear as members of the
Human Services Committee for terms ending June 30, 2002; and
Kermit E. Hale and Benjamin S. Motley as members of the Board of
Zoning Appeals for terms ending December 31, 2004.
Mr. Bestpitch moved that the reports of qualification be received and ~iled.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ..................................................................................... -0.
344 -
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Carder introduced a proposal
entitled, "Roanoke Shining Stars Recognition", which is a program designed to
recognized the good deeds of citizens. He requested that the matter be referred to
the City Manager for recommendation to Council.
It was the consensus of Council to refer the matter to the City Manager for
report and recommendation.
BUDGET-TAXES: Vice-Mayor Carder introduced discussion with regard to
increasing the admissions tax on a City-wide basis for non-profit arts and cultural
organizations. He advised that he did not wish to cast any shadows on the City's
efforts at the 2002 Session of the Virginia General Assembly to increase the
admissions tax to ten per cent for civic center improvements; however, for
consideration during fiscal year 2002-03 budget study, he suggested that Council
engage in discussion regarding the impact of increasing the admissions tax, city
wide, by an additional two to three per cent, in order to provide funding for non-
profit cultural organizations that currently pay admissions taxes to the City. He
inquired as to the feasibility of increasing funding within the Cultural Services
Committee to return a portion of the funds to arts and cultural organizations.
Mr. White supported the referral to 2002-03 budget study; however, he
requested responses to the following questions/requests for information during
budget study:
In the event the City of Roanoke increases the admissions tax, would
Roanoke County be receptive to an increase in the County's
admissions tax?
A comparison of the City of Roanoke's admissions tax with cities of
comparable size (peer group cities) in the Commonwealth of Virginia.
How much of an increase in the admissions tax would be needed to
make a significant difference (i.e.: currently, the admissions tax
generates approximately $300,000.00, therefore, the tax would have to
be doubled in order to generate a significant amount of funds)?
345
If funding for cultural service agencies is increased, how could funding
also be increased for social service agencies (i.e.: through an increase
in the admissions tax or another source of revenue)?
Will funds be distributed to cultural service organizations based on
recommendations of the Roanoke Arts Commission?
How will additional admissions taxes be distributed (i.e.: if an
organization collects $17,000.00 in admissions taxes, will the agency
receive $17,000.00, or will all admissions taxes be included in a
specific category for distribution? How much in admissions taxes is
collected by each cultural organization?
Who pays the admissions tax (i.e.: percentage break down on the
number of City residents, non-City residents)?
It was the consensus of Council to refer the matter to fiscal year 2002-03
budget study.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER RESOURCES: The City Manager advised that at the suggestion
of a Council Member, while the City of Roanoke is in a water conservation mode, she
would like to highlight suggestions by citizens for conserving water; hereupon,
Mr. Michael Brennan presented the "water tip of the week". He suggested that a
brick be placed in the toilet tank which acts as an instant water saver.
Council Member Harris advised that the Roanoke Valley Business Council and
the Roanoke Regional Chamber of Commerce recently adopted positions in support
of a regional water resource authority. He stated that the concept was discussed by
the previous Council approximately two years ago when the City was facing a water
shortage; however, Council has not officially taken a position directing the City
Manager to pursue the matter with Roanoke County and other jurisdictions, even
though such discussions are currentlytaking place. He inquired if the City Manager
believes that an official position by Council is in order with regard to ongoing
discussions for a regional water resource authority.
346
The City Manager responded that she believes she has the unanimous support
of Council to proceed with a detailed analysis of the details necessary to accomplish
the creation of a water and sewer authority, and the Director of Utilities has advised
that an outline will be provided of the necessary steps to be taken within 60 - 90
days. She stated that she, along with the Roanoke County Administrator, believe
that they have the support of their respective governing bodies to investigate a
regional water authority; she views the matter as a priority and both personally and
professionally believes that it is in the community's best interest. However, she
explained that establishing a water authority will not solve the community's long
term water issues, because alternative water sources for the future will have to be
explored.
The Mayor raised the following questions for response by the City Manager:
Is dredging a feasible alternative to increase water volume?
Is the digging of wells a feasible alterative to increase water supply?
ITEMS RECOMMENDED FOR ACTION'
BUDGET-PARKING FACILITIES: The City Manager submitted a
communication advising that effective December 17, 2001, the City contracted with
Central Parking Systems of Virginia, Inc., d/b/a AIIright Roanoke Parking, Inc.
(AIIright) for management and operation services for the new Gainsboro Parking
Garage and Gainsboro surface parking area, effective until July 31, 2002; AIIright
also operates and manages all other City owned and/or controlled parking facilities
under a five year contract which is effective until July 31, 2002; prior to opening of
the Gainsboro Parking Garage and Gainsboro surface parking area, the City's
Norfolk Avenue surface parking lot was utilized by Norfolk Southern as part of an
agreement in which the railroad provided a like number of spaces for use by the
Roanoke Higher Education Center; now that parking will be available with the
opening of the Gainsboro Parking Garage and the Gainsboro surface parking area,
the Norfolk Avenue surface parking lot has been reopened to public use and will
again be managed and operated for the City by AIIright Roanoke Parking; and in
order to provide for appropriate accounting for management and operation of the
Gainsboro Parking Garage, the Gainsboro surface parking area and the Norfolk
Avenue surface parking lot, revenue estimates and expense budgets need to be
established as identified in an attachment to the communication.
The City Manager recommended that Council adopt an ordinance to
appropriate funds and establish revenue estimates for the Gainsboro Parking
Garage, the Gainsboro surface parking area and the Norfolk Avenue surface parking
lot.
347
Mr. Hudson offered the following emergency budget ordinance:
(#35709-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Transportation Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 356.)
Mr. Hudson moved the adoption of Ordinance No. 35709-012202. The motion
was' seconded by Mr. Carder:
Council Member Bestpitch advised that the contract for renewal of operating
City parking facilities will be addressed in August 2002, and inquired as t~. the
process for addressing terms and conditions in renegotiating the contract,
specifically, the time frame for addressing issues of concern prior to advertising for
proposals.
The City Manager advised that as an organization, the City of Roanoke has not
been as mindful of parking as an economic development tool as it should be. She
stated that City staff will investigate whether or not the City should take over
management of its parking facilities since there are cities that operate break even
and/or positive venues. She expressed concern with regard to the appearance of
Roanoke's parking garages, lack of maintenance and the image that is portrayed
under the current arrangement. She encouraged the Members of Council to provide
their' input as soon as possible since it is anticipated to advertise for proposals by
March 1, in order to provide sufficient time for proper evaluation of proposals.
Ordinance No. 35709-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
The Mayor requested information benchmarking the City of Roanoke with
other City-owned parking facilities in the state.
(At this point, Council Member Wyatt left the meeting.)
BUSES-COMMUNICATIONS DEPARTMENT-LEASES: The City Manager
submitted a communication advising that the Greater Roanoke Transit Company
(GRTC) owns the Campbell Court Transportation Center located at 17-31 Campbell
Avenue S. W., and leases office space within the facility; GRTC currently leases
2,245 square feet of space on the second floor to the City of Roanoke, for a'total
348
annual rent of $8,217.50, which space is used for the Department of Technology's
computer workstation support and offices; the five year lease agreement, which
expires on January 31,2002, has no option years available, however, the City wishes
to enter into a new lease agreement beginning February 1,2002, for two years, with
an option for three additional years; the City intends to use the adjacent additional
1,380 square feet of space which is connected to the above mentioned 865 square
feet to provide storage for approximately 300 older PCs that are to be replaced in the
PC Replacement Program and the staging/set-up of 300 new PCs; and warehouse
space is no longer available at the Public Works Service Center which means that
total square footage to be used by the City in the proposed lease agreement is 2,245
square feet.
It was further advised that GRTC has agreed with the City that for the first five
months of the lease agreement, February 1, 2002 through June 30, 2002, annual
rental cost will be the same as the prior lease rate, $9.50 per square foot for the
original 865 square feet of finished space, for a total cost of $3,423.95; and for the
next seven months, July 1,2002 through January 31,2003, rental cost will be $10.00
per square foot for the entire 2,245 square feet since the City will use both the
finished and unfinished spaces, for a total cost of $13,095.83, or a total rental cost
for the first year of $16,519.78
It was noted that annual rent for the remaining years is as follows:
Year 2 (211103-1131104) $10.50/sq. ft. X 2,245 sq. ft. = $23,572.50
Option Year 1 (211104-1131105) $11.00/sq. ft. X 2,245 sq. ft. -- $24,695.00
Option Year2 (211105-1131106) $11.501sq. ft. X 2,245 sq. ft. = $25,817.50
Option Year 3 (211106-1131107) $12.00/sq. ft. X 2,245 sq. ft. = $26,940.00
Funding for the remainder of fiscal year 2002 is available in Account No.
013-430-1601-3075 and will be included in the recommended operating budgets for
the Department of Technology, Account No. 013-430-1601-3075, for fiscal years 2003
through 2007.
The City Manager recommended that she be authorized to execute a lease
agreement between the City of Roanoke and the Greater Roanoke Transit Company
for term and rental cost as set forth above in a form to be approved by the City
Attorney.
Mr. Bestpitch offered the following resolution:
349
(#35710-012202) A RESOLUTION authorizing the City Manager to enter into an
agreement with the Greater Roanoke Transit Company for the lease of office space
at the Campbell Court Transportation Center, for use by the Roanoke City
Department of Technology, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 65, page 358.)
Mr. Bestpitch moved the adoption of Resolution No. 35710-012202. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Wyatt was absent.)
FLOOD REDUCTION/CONTROL-PURCHASE/SALE OF PROPERTY-PARKS AND
RECREATION: The City Manager submitted a communication advising that since
1997, the City of Roanoke has purchased flood-prone homes on over 16 acres of
land within 34 land parcels in the Garden City neighborhood; the purchases were
made possible through the Hazard Mitigation Grant Program (HMGP), and
acquisition was based upon a 75 per cent Federal and 25 per cent local match; and
once purchased, the properties were turned over to the Department of Parks and
Recreation for future recreational use; another parcel of land located between
Garden City Boulevard and Bandy Road, S. E., is now for sale, Official Tax No.
4260518, located between properties currently owned by the City; and upon
purchase, the combined propertywill be used for much-needed athletic fields within
southeast Roanoke.
It was further advised that the property owner has agreed to sell the parcel of
land for $12,000.00, which is slightly under the assessed value; Parks and
Recreation Department staff have met with the Garden City Civic League and the
Garden City Recreation Club to present concept plans for a high-school sized
football/soccer field and a youth baseball field; and both groups fully endorse the
proposal; while the Hazard Mitigation Grant Program has concluded, full funding of
$12,000.00 is available via City matching funds previously allocated to the Grant
Program in Account No. 008-052-9696 (Garden City Property Relocation Program);
and purchase is subject to title search on the property and an acceptable
environmental site inspection.
350
The City Manager recommended that Council authorize the purchase of
property identified as Official Tax No. 260518.
Mr. Carder offered the following ordinance:
(#35711-012202) AN ORDINANCE authorizing the acquisition of certain flood-
prone property located in Garden City from surplus local matching funds remaining
after closure of the Federal Emergency Management Agency's (FEMA) Hazard
Mitigation Program grant; upon certain terms and conditions; and dispensing with
the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 359.)
Mr. Carder moved the adoption of Ordinance No. 35711-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ...................................................................................... -6.
NAYS: None.
(Council Member Wyatt was absent.)
TRAFFIC-BUDGET-PARKS AND RECREATION-STREETS AND ALLEYS: The
City Manager submitted a communication advising that over the past two years,
several functions performed by the Department of Parks and Recreation have been
reassigned to other City departments, in order to allow Parks and Recreation to
focus on its primary mission of supporting parks, recreational facilities and
programs; responsibility for the weed control program was transferred to Planning
and Code Enforcement in the year 2000, and, in early 2001, street sweeping
responsibilities were moved to the Streets and Traffic division; and on
October 1, 2001, alley maintenance and median and right-of-way mowing were
transferred to Streets and Traffic, with 22 positions moved from Parks and
Recreation to support the activities.
It was further advised that funds from Parks and Recreation need to be
transferred to the Streets and Traffic Department to cover expenses for the
remainder of the fiscal year, in the total amount of $575,641.00, which includes all
monies to cover Personal Services and Operating Expenses for median and
right-of-way mowing for the remainder of the current fiscal year, with two
exceptions: tipping fees to the Roanoke Valley Resource Authority and Motor Fuels
351
& Lubricants; equitable distribution of the two line items will be developed and
transferred through a City Manager transfer of funds; and the Office of Management
and Budget will address adjustments to Internal Services accounts through a City
Manager transfer of funds.
The City Manager recommended that Council approve the transfer of
$575,641.00 from corresponding object accounts (Nos. 001-620-4340 to
001-530-4110) for the fiscal year 2001-02 operating budget.
Mr. Carder offered the following emergency budget ordinance:
(#35712-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 360.)
Mr. Carder moved the adoption of Ordinance No. 35712-012202. The motion
was seconded by Mr. Bestpitch.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern that funds
within the budget of the Parks and Recreation Department have not been used for
improvements to Washington Park, and inquired if the transfer of funds as proposed
by the City Manager will, in any way, endanger those funds that have been allocated
for Washington Park improvements.
The City Manager responded that the transfer of funds in no way affects any
monies previously set aside for Washington Park or any other City park, but relates
solely to maintenance of medians and other areas that have been assigned to the
Streets and Traffic Department.
Ordinance No. 35712-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ..................................................................................... ---0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-FLOOD REDUCTION/CONTROL: The City
Manager submitted a communication advising that the Roanoke River Flood
Reduction Project was proposed by the U. S. Army Corps of Engineers in 1984 and
approved by voter referendum on April 11, 1989; as part of the Local Cooperation
352
Agreement between the City of Roanoke and the Corps of Engineers for design and
construction, the City is required to acquire all necessary property rights, which
were authorized by Council pursuant to Ordinance Nos. 29733-91189 and
34629-010400; adjustments in the final alignment have created the need for
additional property rights not included in previous Council authorizations; and no
additional funds will be required for said property rights.
The City Manager recommended that she be authorized to execute the
appropriate documents to reserve easements on City-owned property and to acquire
additional property rights as necessary for construction of the project, said property
rights may be acquired by negotiation or eminent domain and may include fee
simple, permanent easements, temporary construction easements, rights-of-way,
licenses or permits, etc.
Due to a potential conflict of interest, the Mayor requested that the Vice-Mayor
preside over the above referenced item.
Mr. Bestpitch offered the following ordinance:
(#35713-012202) AN ORDINANCE providing for the acquisition of certain
property rights needed by the City in connection with the Roanoke River Flood
Reduction Project; providing for the City's acquisition of such property by
condemnation, under certain circumstances; and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 363.)
Mr. Bestpitch moved the adoption of Ordinance No. 35713-012202. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White,
and Vice-Mayor Carder ..................................................................................... 5.
NAYS: None---
(Mayor Smith abstained from voting.) (Council Member Wyatt was absent.)
CITY CODE-ZONING-ARCHITECTURAL REVIEW BOARD: The City Manager
submitted a communication advising that a committee appointed by Council in
January, 2001, reviewed and submitted recommendations regarding the
restructuring of various City authorities, boards, commissions and committees;
many of the recommendations as set forth in a Committee report dated April 2, 2001,
have been implemented; the Committee recommended amendment of Section
353
36.1-640 of the Zoning Ordinance to delete certain requirements for members of the
Architectural Review Board ("ARB"), and on September 17, 2001, Council adopted
a resolution authorizing the filing of an amendment to the City Code by the City
Manager; currently, members of the Architectural Review Board are required to meet
certain eligibility requirements as set forth in the Zoning Ordinance, and Section
36.1-640 sets forth the following requirements for members, among other things:
"All members shall have an interest, competence or knowledge in
historic preservation. At least one (1) of the members appointed shall
be selected from the membership of the city planning commission, at
least two (2) members shall be registered architects, and at least one
(1) member shall be a person who has a demonstrated knowledge of
and interest in the history of the city."
It was further advised that on October 18, 2001, Council held a public hearing
to consider the proposed amendment and tabled the matter for further s~ody,
recommendation and report; and following further coordination with the City
Manager, City Attorney, two members of the Architectural Review Board and one
Council representative, the following revised amendment is proposed for further
consideration by Council:
"Sec. 36.1-640. Appointment, membership.
There is hereby created an architectural review board consisting
of seven (7) members appointed by majority vote of the city council.
Initially, one (1) member shall be appointed to serve a term ending
October 1, 1980, two (2) for a term ending October 1, 1981, two (2) for
a term ending October 1, 1982, and two (2) for a term ending
October 1, 1983. The council, at the time of initial appointment of the
board, shall designate the terms of the appointees after the expiration
of the initial term; and appointment shall be for a four-year term. Any
vacancy on the board shall be filled in the same manner as the original
appointment, for the unexpired term. Members of the board shall hold
no elected public office. A~ -----~- ..... ~- ...... "-' ....·
,,.~,...~,o oho~ ,,o.~ o,, ,,,.~,~,,
MI tll~ III~IIIU~I~ a~lllt~M ~llgll M~ ~l~[~Y IIMIII ~11~ IIl~lllM~lalll~
-'--' -'---' ...... '--'-- -' (2)
~, ~,,~ ~,~x ~,~,,,,,,,~ ~,,,,,,,~,~,,, ~ At least ~o members, but
not more than three (3) shall be registered architects, and at least
one (1) member shall be a person who has demonstrated knowledge of
and interest in the histo~ of the ci~.
In makinq appointments, City Council shall consider the
appointee's interest or competence in, or knowled.cje of, historic
preservation and the history of the city."
354
The City Manager recommended that Council approve an amendment to
Section 36.1-640, Code of the City of Roanoke (1979), as amended, as above set
forth.
Mr. Carder offered the following ordinance:
(#35714-012202) AN ORDINANCE amending and reordaining §36.1-640,
Appointment, membership, of Division 2, Architectural Review Board, of Article VII,
Administration, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979),
as amended, in order to eliminate certain qualifications for members of the
Architectural Review Board, and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 365.)
Mr. Carder moved the adoption of Ordinance No. 35714-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ........................................................................................... -6.
NAYS: None O.
(Council Member Wyatt was absent.)
LANDMARKS/HISTORIC PRESERVATION: The City Manager submitted a
communication advising that a historic survey of the Grandin Village (1300-1500
blocks of Grandin Road and 1700-2000 blocks of Memorial Avenue) is being
conducted to determine if the area is eligible for listing on the Virginia Landmarks
Register and the National Register of Historic Places, the survey is being conducted
by a resident of the neighborhood as a volunteer project, and once an area is
surveyed, a "Preliminary Information Form" will be submitted to the Virginia
Department of Historic Resources (VDHR), which determines eligibility, an official
nomination is made once VDHR determines eligibility, but before a final decision is
made, the Virginia Department of Historic Resources will sponsor a public meeting
to inform property owners and solicit public comments on the proposed nomination;
and designation on the state and national registers provides many benefits, most
notably, historic designation makes State and Federal tax incentive programs
available, which can offset up to 45 per cent of the cost of rehabilitation.
It was further advised that the Grandin Theatre, which closed in November
2001, is included in the area to be nominated; the Grandin Theatre Foundation plans
to rehabilitate the structure and reopen the theater; the City of Roanoke has made
a significant financial commitment to the project and the availability of tax credit
incentives will enhance the Foundation's ability to successfully complete the
355
project; in addition, historic designation may encourage other property owners to
rehabilitate properties in the Grandin Village area and ensure continued viability of
the village center; the Vision 2001-2020 Comprehensive Plan supports the survey
and nomination of historic districts and recommends that the City of Roanoke
undertake a comprehensive inventory of historic properties and areas in the City and
consider historic districts, and further recommends that neighborhood and
stakeholder input be considered in the inventories, and encourages the City to
promote local, State and Federal incentives to encourage rehabilitation of historic
districts.
The City Manager recommended that Council adopt a resolution endorsing the
nomination of the Grandin Village area for inclusion on the Virginia Landmarks
Register and the National Register of Historic Places, and authorize the City Manager
to execute documents related to said nomination on behalf of the City.
Mr. Bestpitch offered the following resolution:
(#35715-012202) A RESOLUTION endorsing the inclusion of the Grandin
Village as a landmark on the Virginia Landmarks Register and the National Register
of Historic Places; and authorizing the City Manager to execute the appropriate
documents to include that area on the Virginia Landmarks Register and the National
Register of Historic Places.
(For full text of Resolution, see Resolution Book No. 65, page 366.)
Mr. Bestpitch moved the adoption of Resolution No. 35715-012202. The
motion was seconded by Mr. Carder.
Council Member Harris called attention to the difference between historic
designation and historic district, and advised that many Grandin Road
residents/business owners are pleased to be a part of a historic designation, but are
not interested in participating in a designated historic district. He inquired if the
recommendation before Council is a step toward City staff later recommending that
the area be declared a historic district.
Christopher Chittum, City Planner, advised that the intent is to nominate the
Grandin Road area for the National Register of Historic Places and the Virginia
Landmarks Register, and there are no plans to consider an H-1 or H-2 District. He
stated that communications will be forwarded to affected property owners and
workshops will be held in an effort to clarify any issues of misunderstanding.
Resolution No. 35715-012202 was adopted by the following vote:
356
AYES: Council
and Mayor Smith.
NAYS: None ~
Members Bestpitch, Harris, Carder, Hudson, White,
0.
(Council Member Wyatt was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for development and improvement of criminal justice
records systems; the Criminal Justice Records System Improvement grant provides
funds for automation of criminal justice systems, development of technology to
improve and enhance services to victims, development of interfaces that facilitate
exchange of information and assistance to localities in conversion to Incident Based
Reporting (IBR) systems; on December 26, 2001, DCJS awarded the City of Roanoke
Police Department with $165,400.00 ($41,350.00 of which must be a cash match from
the City) to automate IBR Field Reporting and data entry, thereby insuring quality
current data availability to officers and investigators; and the required City cash
match of $41,350.00 is available in Department of Technology, Account No.
013-430-9866-9003.
The City Manager recommended that Council accept the Criminal Justice
Records System Improvement Grant, in the amount of $165,400.00, and authorize
the City Manager to execute appropriate grant agreements; appropriate $124,050.00
from the Criminal Justice Record System Improvement Program and transfer
$41,350.00 from the Department of Technology Contingency Account, to an account
to be established by the Director of Finance in the Grant Fund.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35716-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Department of Technology and Grant Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 367.)
Mr. Bestpitch moved the adoption of Ordinance No. 35716-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
357
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Wyatt was absent.)
Mr. Bestpitch offered the following resolution:
(#35717-012202) A RESOLUTION authorizing the acceptance of a Criminal
Justice Records System Improvements Grant, Grant No. 02-A3869CR01, made to the
City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice
Services and authorizing the execution by the City Manager of the conditions of the
grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 65, page 369.)
Mr. Bestpitch moved the adoption of Resolution No. 35717-012202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ..................................................................................... -0.
(Council Member Wyatt was absent.)
SEWERS AND STORM DRAINS-BUDGET-EQUIPMENT-STREETS AND ALLEYS:
The City Manager submitted a communication advising that the project for
improvements and signalization at Airport Road/Municipal Road/Towne Square
Boulevard proposes improvement and signalization of the intersection of Municipal
Road and Airport Road, as well as Airport Road and Towne Square Boulevard, with
the installation of a major storm drain beneath Airport Road to be included; both the
signal project and the proposed storm drain project support the continuing
economic development of the area; traffic signal and roadway improvements will
result in increased traffic safety and efficiency of Airport Road and its intersections
with Municipal Road and Towne Square Boulevard; and the proposed storm drain
is part of the Innotech Expansion capital improvement project, which will provide a
regional storm water management facility for undeveloped properties.
The City Manager recommended that Council accept the bid of
Aaron J. Conner, General Contractor, Inc., in the amount of $997,261.40, with 150
consecutive calendar days of contract time, and reject all other bids received by the
358 -'
City; transfer $54,258.00 from CMERP Appropriation to Building Reserve, and
$131,068.00 from Innotech Expansion, Account No. 008-052-9627, to Airport Road
Signals, Account No. 008-052-9577; and appropriate $45,542.00 from Capital Projects
Fund fund balance, $375,200.00 from Colonial Avenue Property Sale, $225,500.00
from 1999 Bonds for Economic Development, Account No. 008-052-9709, and
$134,552.00 from 1999 Bonds for Storm Drains, Account No. 008-052-9709, to Airport
Road Signals, Account No. 008-052-9577.
Mr. Carder offered the following emergency budget ordinance:
(#35718-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Water and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 370.)
Mr. Carder moved the adoption of Ordinance No. 35718-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ................................................................................. -6.
NAYS: None .........
(Council Member Wyatt was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35719-012202) AN ORDINANCE accepting the bid of Aaron J. Conner,
General Contractor, Inc., for improvements to and signalization of two intersections
on Airport Road, Municipal Road and Towne Square Boulevard, and installation of
a major storm drain in the same area, 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. 65, page 372.)
Mr. Bestpitch moved the adoption of Ordinance No. 35719-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
359
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ....................................................................................... -0.
(Council Member Wyatt was absent.)
SIDEWALK/CURB AND GUTTER-PARKS AND RECREATION-PUBLIC WORKS-
LIBRARIES: The City Manager submitted a communication advising that
specifications were developed and an Invitation for Bid were sent to 23 providers of
custodial/janitorial services for custodial services at the Main Library and branches,
Parks and Recreation buildings and Market Square Walkway, in accordance with
Chapter 23.1 Code of the City of Roanoke (1979), as amended; whereupon, the City
Manager recommended that Council accept the bids of Alabama Cleaning Service &
Supply Co., Inc. d/bla Southern Management Co., Renu, Inc., and C & C Franchising,
Inc. d/b/a Jani-King of Richmond for a period of three years, with an option to renew
for two additional one year periods, said contracts be approved as to form by the
City Attorney; and that all other bids received by the City be rejected.
Mr. Carder offered the following resolution:
(#35720-012202) A RESOLUTION accepting certain bids made to the City for
providing custodial/janitorial services at the Main Library and branches, Parks and
Recreation buildings, and the Market Square Walkway; authorizing the proper City
officials to execute the necessary contracts for the work; and rejecting all other bids
made to the City.
(For full text of Resolution, see Resolution Book No. 65, page 374.)
:' Mr. Carder moved the adoption of Resolution No. 35720-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ....................................................................................... ---0.
(Council Member Wyatt was absent.)
CMERP-BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager
submitted a communication advising that the Capital Maintenance and Equipment
Replacement Program (CMERP) has identified the need to replace one automated
compaction truck for use by Solid Waste Management; a Request for Proposals will
360 -
be issued in the near future for the 2002 Capital Equipment Lease; plans for the
lease are consistent with capital projects outlined in the City's Capital Maintenance
and Equipment Replacement Program (CMERP) as adopted by Council on
September 4, 2001, which includes a CMERP recommendation of $1,293,500.00 of
vehicular equipment earmarked to be financed from lease proceeds; another
$450,000.00 in lease financing is recommended to purchase personal computers;
and the entire lease amount is recommended to be $2,145,250.00, which includes the
above items, plus an allowance for other equipment to be recommended for lease
financing upon award of the lease to the bidder providing the lowest interest rate.
The City Manager recommended that Council appropriate $136,493.00 of
capital lease proceeds in advance of issuance and adopt a resolution declaring the
City's intent to reimburse itself from the proceeds of the capital lease upon
issuance, with the maximum amount anticipated to be reimbursed related to
purchase of an automated compaction truck being $136,493.00, and the maximum
amount of lease proceeds anticipated to be issued for all equipment under the
capital lease is $2,145,250.00; and further recommending acceptance of the bids of
Truck Enterprises Volvo, Inc., at a total cost of $82,993.00, for a cab/chassis, and the
bid of Mid-State Equipment Co., Inc., at a total cost of $53,500.00, for an automated
compaction body; and reject all other bids received by the City.
Mr. Carder offered the following emergency budget ordinance:
(#35721-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 375.)
Mr. Carder moved the adoption of Ordinance No. 35721-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None 0.
(Council Member Wyatt was absent.)
Mr. Bestpitch offered the following resolution:
361
(#35722-012202) A RESOLUTION accepting certain bids for the purchase of
a cab/chassis and automated compaction body, upon certain terms and conditions,
and rejecting all other bids made for such equipment.
(For full text of Resolution, see Resolution Book No. 65, page 376.)
Mr. Bestpitch moved the adoption of Resolution No. 35722-012202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Wyatt was absent.)
Mr. Carder offered the following resolution:
(#35723-012202) A RESOLUTION declaring the City's intent to reimburse itself
from the proceeds advanced pursuant to a tax-exempt equipment lease purchase
agreement for certain moneys to be appropriated by the City for expenditures in
connection with the purchase of equipment for the City; and providing for an
effective date.
(For full text of Resolution, see Resolution Book No. 65, page 377.)
Mr. Carder moved the adoption of Resolution No. 35723-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ............................................................................................... 6.
NAYS: None ..................................................................................... -0.
(Council Member Wyatt was absent.)
362 -
CMERP-BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager
submitted a communication advising that the Capital Maintenance and Equipment
Replacement Program (CMERP) has identified the need to replace three refuse rear
loading bodies and three refuse cab chassis for Solid Waste Management; it is
proposed to issue a Request for Proposals in the near future for the 2002 Capital
Equipment Lease; plans for the lease are consistent with capital projects outlined
in the City's Capital Maintenance and Equipment Replacement Program (CMERP) as
adopted by Council on September 4, 2001; included in the CMERP recommendation
was $1,293,500.00 of vehicular equipment earmarked to be financed from lease
proceeds; another $450,000.00 in lease financing is recommended to purchase
personal computers which was done in the prior fiscal year; and the entire
recommended lease amount is $2,145,250.00, which includes the above referenced
items, plus an allowance for other equipment to be recommended for lease financing
upon award of the lease to the bidder providing the lowest interest rate.
The City Manager recommended that Council appropriate $427,530.00 of
capital lease proceeds in advance of issuance and adopt a resolution declaring the
City's intent to reimburse itself from the proceeds of the capital lease upon
issuance, the maximum amount anticipated to be reimbursed regarding purchase
of refuse rear loading bodies and cab/chassis is $427,530.00, and the maximum
amount of lease proceeds anticipated to be issued for all equipment under the
capital lease is $2,145,250.00; and accept the bids of Bilthuis & Associates, Inc.,
LLC, at a total cost of $112,869.00 for three refuse rear loading bodies, and Cavalier
Equipment Corporation, at a total cost of $314,661.00, for three refuse cab/chassis;
and reject all other bids received by the City.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35724-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 378.)
Mr. Bestpitch moved the adoption of Ordinance No. 35724-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ........................................................................................ -6.
NAYS: None
(Council Member Wyatt was absent.)
363
Mr. Carder offered the following resolution:
(#35725-012202) A RESOLUTION accepting certain bids for the purchase of
refuse cab/chassis and refuse rear loading bodies, upon certain terms and
conditions, and rejecting all other bids made for such equipment.
(For full text of Resolution, see Resolution Book No. 65, page 379.)
Mr. Carder moved the adoption of Resolution No. 35725-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ............................................................................................... 6.
NAYS: None ..................................................................................... -0.
(Council Member Wyatt was absent.)
CITY CLERK:
SCHOOLS: A report of the City Clerk advising that pursuant to Chapter 9,
Education, Code of the City of Roanoke (1979), as amended, establishing a
procedure for the election of School Trustees, the three-year terms of office of
Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board
will expire on June 30, 2002; and Mr. Day is ineligible to serve another term
inasmuch as he has served three consecutive three year terms of office.
It was further advised that pursuant to Section 9-16, of the City Code, on or
before February 15 of each year, Council shall announce its intention to elect
Trustees of the Roanoke City School Board for terms commencing July 1 through:
(1) public announcement of such intention at two consecutive regular sessions of
the Council and (2) advertisement of such intention in a newspaper of general
circulation in the City twice a week for two consecutive weeks; Section 9-17 of the
City Code provides that applications must be filed in the City Clerk's Office by
March 10 of each year, however, since March 10, 2002, falls on Sunday and City
offices will be closed, the deadline for receipt of applications will be Friday, March 8
at 5:00 p.m; 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., Mondaythrough Friday; and
information describing the duties and responsibilities of School Trustees will also
be available.
Without objection by Council, the Mayor advised that the report wou,'d be
received and filed.
364 -
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council.
$57,700.00 for the Technology Literacy Challenge Grant to provide
individual competencies and training in instructional technology to
teachers in grades K-2, in order to improve the academic and
technological achievement of the district's primary students, which·
continuing grant program will be 100 per cent reimbursed by Federal
funds.
$110,706.00 for the Flow Through program, to provide aid for the
education and guidance of handicapped students, which continuing
program will be 100 per cent reimbursed by Federal funds.
$42,919.00 to provide for purchase of capital equipment at Fairview
Elementary School, which funding will be provided from VPSA Bonds
approved for the project.
$59,401.00 to provide for purchase of capital equipment at Fishburn
Park Elementary School, which funding will be provided from VPSA
Bonds approved for the project.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35726-012202) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School and School Capital Projects Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 380.)
Mr. Bestpitch moved the adoption of Ordinance No. 35726-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None .........
0.
(Council Member Wyatt was absent.)
365
BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION-SCHOOLS:
A report of the City Planning Commission advising that on October 18, 2001, the
Planning Commission considered the Comprehensive Development plan for the
Roanoke Academy of Mathematics and Science at 1122 19th Street, N. W., and
approved the plan; the Board of Zoning Appeals granted a special exception permit
for the school, finding that the proposed construction furthered the intent of the
Comprehensive Plan, and complied with standards for a special exception permit
as set forth in the City's Zoning Ordinance; on December 20, 2001, the City Planning
Commission held a public hearing to consider the project with respect to its
compliance with the Comprehensive Plan, at which time staff recommended that the
public facility was in accord with the Vision 2001-2020 Comprehensive Plan and
noted that at least three acres of park land used by the proposed facility was to be
replaced by the City (as required by the Federal Government since JFK Park had
been acquired with Federal monies) and no decision has been made by the City
regarding disposition of the existing school facility.
It was further advised that in December, the School Board adopted a
resolution notifying the City that the existing building would no longer be used as
a school and would be available for other purposes after the new facility is
completed; City Planning Commission members discussed disposition of the school
and recommended that the City carefully consider the park replacement matter, as
well as disposition of the facility, to ensure that the neighborhood is informed and
that the City does not incur unnecessary or additional costs for demolition or rei~airs
to the existing building; and Vision 2001-2020 notes that a new school is to be
constructed in the Melrose Rugby neighborhood.
The City Planning Commission recommended that Council find that the
proposed school facility is in accord with Vision 2001-2020, the Comprehensive Plan
for the City of Roanoke. It was advised that the proposed facility is noted in the
Comprehensive Plan, and the facility's character and features are in keeping with the
recommended policies and design principles for development.
Mr. Hudson offered the following resolution:
(#35727-012202) A RESOLUTION finding that the proposed location of the
Roanoke Academy of Math and Science at 1122 19th Street, N. W., is substantially in
accord with Vision 2001-2020, the City's Comprehensive Plan.
(For full text of Resolution, see Resolution Book No. 65, page 383.)
Mr. Hudson moved the adoption of Resolution No. 35727-012202. The motion
was seconded by Mr. White and adopted by the following vote:
366 -
AYES: Council
and Mayor Smith
Members Bestpitch, Harris, Carder, Hudson, White,
6.
NAYS: None ......
(Council Member Wyatt was absent.)
Dr. E. Wayne Harris, Superintendent, Roanoke City Public SchOols, advised
that at the December 2001 School Board meeting, the Board approved a resolution
regarding the Roanoke Academy of Mathematics and Science (RAMS), and
requested that Council dedicate 8.5 acres of land at 19th Street and Andrews Road,
a portion of which is currently known as Kennedy Park, for school use on or about
April 2002. He stated that in November 2000, the School Board approved a
recommendation to construct a new RAMS on the Kennedy Park site, rather than
renovating its current location, based upon the rationale that a new school facility
will avoid moving 350 students, given the time involved to construct a new building
over a period of approximately two years, and will enable construction of a modern
state-of-the-art facility, since the existing facility was constructed as a multi-level
junior high school.
Dr. Harris stated that the cost of the project is $10.2 million, project funding
includes $1 million from the 1999 capital bond issue and the balance of $9.12 million
would be equally shared by the City and the School Board, with $1.3 million in
Qualified Zone Academy Bonds (QZAB) which have been secured for equipment and
technology. He noted that included in the cost of the facility is $500,000.00 for
demolition of the current RAMS building, and if approved by Council, the School
Board would turn the land over to the City where the current RAMS structure is
located, and the City would determine future use of the facility. Due to certain
restrictions imposed by the Federal Government when the area was turned into park
land and given to the City, he advised that the School Board has worked in
conjunction with the City Attorney's Office to take the necessary steps to have the
property turned over to the City in order for the City to dedicate the property for
school purposes, and they are in the final stages of discussion with the Department
of the Interior with regard to green way property and certain other environmental
issues.
Dr. Harris advised that four community meetings have been held with staff and
citizens to present plans and to receive input, with only one major concern having
been expressed by two citizens regarding a drainage issue in an area located off of
Kennedy Park along 19th Street at its intersection with Andrews Road, which
concern has been discussed with the appropriate City department. He stated that
three citizens requested that the old facility at the corner of 19th Street and Carroll
Avenue be retained because of the value of the building to the community; and other
discussions addressed the need to use the building as a full use community facility.
Therefore, he noted that the size of the gymnasium in the new facility has been
367
increased to a full school gym with wooden floor and electric bleachers to
encourage community use, along with an expanded library media center, enhanced
technology that would be easily accessible by the community at night and on
weekends, hours of operation of the community would be expanded, and the
cafeteria would be expanded to include a stage; and an additional $750,000.00 has
been included in the City's Capital Plan to provide for a community use facility.
There was discussion with regard to whether demolition of the current RAMS
facility has been decided; whereupon, the City Manager advised that the budget was
developed with the expectation that the building would be demolished and returned
to the City as park land, but not necessarily acre for acre since construction of a
single story school requires more land than a high school. She stated that it is
believed that the proposed additional improvements to the new school more than
offset any loss that there might be to the community in demolishing the current
RAMS building.
Dr. Harris clarified that the School Board has recommended to the City
Manager that the current RAMS building be demolished in view of its current
condition.
Question was raised as to how much space is currently leased for various
programs by the school system; whereupon, Dr. Harris advised that the School
Board leases approximately 28,000 square feet of space in the former Celebration
Station building for the Noel C. Taylor Learning Academy and Maternal and Infant
Care Program, space is leased on Church Avenue for CITY School at $1.00 per year,
and space is also leased at the Higher Education Center for the Blue Ridge Academy
of Technology.
oo
There was discussion as to whether the present RAMS building could serve
as the location for the Noel C. Taylor Learning Academy; whereupon, Dr. Harris
advised that the School Board chose to construct a new facility in lieu of renovating
the current RAMS building due to costs associated with bringing the building up to
acceptable standards in regard to heating, lighting and electrical amenities. He
stated that there could also be major asbestos removal costs, given the age ¢,~ the
structure.
The Mayor inquired as to current utility costs incurred at the Roanoke
Academyfor Mathematics and Science; whereupon, the Superintendent advised that
the information would be provided.
Mr. Harris offered the following resolution:
368 -
(#35728-012202) A RESOLUTION authorizing the Roanoke City School Board
to use approximately 8.5 acres of land on the corner of 19th Street and Andrews Road
for school use for the new Roanoke Academy of Mathematics and Science.
(For full text of Resolution, see Resolution Book No. 65, page 384.)
Mr. Harris moved the adoption of Resolution No. 35728-012202. The motion
was seconded by Mr. White.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired about possible re-use
of the present RAMS building when the new school facility is constructed. She
advised that it is distressing to hear that the City has already decided to demolish
the building, despite the fact that the area around the structure can be used for park
purposes, with an accessible green way located in close proximity. She called
attention to other structures that have been rehabilitated and reused, and advised
that historic preservation, rehabilitation and reuse should be advocated before a
decision is made to demolish the building. She suggested that the School Board
retain the RAMS building and recommend a reconstructed reuse that would benefit
the entire community, and specifically the black community. She stated that many
structures in the black community have been destroyed, whereas, numerous
buildings in other parts of the community have been retained; therefore, she
requested that the RAMS facility be retained as an important symbol of Roanoke's
history for all citizens to enjoy.
Following further discussion, the City Manager advised that she has spoken
with the Members of Council regarding the matter over a period of months, and her
position has been that additional funds should be allocated to a new elementary
school; therefore, it was her recommendation that Council appropriate an additional
$750,000.00 for an improved elementary school, with the understanding that the
current RAMS building would be demolished, and $500,000.00 was included for that
purpose. She explained that the plan, as presented to the community, was that the
current RAMS building would be demolished and the land would be returned to
some form of park use; however, if Council chooses to take a different course of
action, such action should be shared with the community.
Resolution No. 35728-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ............................................................................................ -6.
NAYS: None
(Council Member Wyatt was absent.)
369
PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS: A report of
the City Planning Commission advising that on October 17, 2001, the Acting Director
of Parks and Recreation advised that the Wasena Neighborhood Forum had
requested that Oak Park be renamed Triangle Park; Wasena residents have referred
to the park as "Triangle" for years because of its shape; and on November 15, 2001,
the Ordinance and Names Committee of the City Planning Commission
recommended changing the name from Oak Park to Triangle Park.
The City Planning Commission recommended that Oak Park be renamed to
Triangle Park.
Mr. Bestpitch offered the following resolution:
(#35729-012202) A RESOLUTION renaming Oak Park, located in the Wasena
Neighborhood, to Triangle Park.
(For full text of Resolution, see Resolution Book No. 65, page 385.)
Mr. Bestpitch moved the adoption of Resolution No. 35729-012202. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member Wyatt was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
PURCHASE/SALE OF PROPERTY-DONATIONS/CONTRIBUTIONS-
ARMORY/STADIUM-ROANOKE CIVIC CENTER: Ordinance No. 35691, accepting the
donation of a parcel of land described as Official Tax No. 3070318 from
Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton, to be used as a
site for a multipurpose stadium/amphitheater facility, having previously been before
the (~ouncil for its first reading on Monday, December 17, 2001, read and adopted on
its first reading and laid over, was again before the body, Mr. Bestpitch offering the
following for its second reading and final adoption:
370 -
(#35691-012202) AN ORDINANCE authorizing the City Manager's acceptance
of a donation to the City of Roanoke of a parcel of land identified as Official Tax No.
3070318, and expressing appreciation to Calvin W. and Mary C. Powers and
Theodore J. and Judy P. Sutton for the donation.
(For full text of Ordinance, see Ordinance Book No. 65, page 354.)
Mr. Bestpitch moved the adoption of Ordinance No. 35691-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith. 6.
NAYS: None O.
(Council Member Wyatt was absent.)
CITY CODE-BUILDINGS/BUILDING DEPARTMENT: Council having instructed
the City Attorney to prepare a measure discontinuing the Property Maintenance Code
Board of Appeals, inasmuch as requirements applicable to the Building Code Board
of Appeals also apply to the Property Maintenance Code Board of Appeals,
Mr. Carder offered the following ordinance:
(#35730-012202) AN ORDINANCE amending and reordaining §7-7, Buildinq
code board of appeals created; composition, eliminating the exception of appeals
pursuant to the BOCA National Property Maintenance Code from the jurisdiction of
the building code board of appeals, and repealing §7-8, Property maintenance code
board of appeals; created; composition, Article II, Buildinq Code, Chapter 7, Buildin~l
Regulations, of the Code of the City of Roanoke (1979), as amended; and dispensing
with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 386.)
Mr. Carder moved the adoption of Ordinance No. 35730-012202. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith 6.
NAYS: None O.
(Council Member Wyatt was absent.)
371
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
TRAFFIC-PARKS AND RECREATION-LEGISLATION: Council Member Harris
called attention to legislation introduced (House Bill 460) by Delegate Morgan Griffith
at the 2002 Session of the Virginia General Assembly which would limit the use of
15 passenger vans for the transportation of youth.
Following discussion of the matter, Mr. Harris moved that Council ~io on
record in support of the spirit and intent of House Bill 460, and that the City Attorney
be requested to communicate the City's support to the City's legislative liaison,
Thomas A. Dick. The motion was seconded by Mr. Hudson and adopted.
Council Member Harris requested that the City Manager report to Council on
the City of Roanoke's use of 15 passenger vans for transportation purposes.
FIRE DEPARTMENT: Council Member Hudson requested that the City
Manager provide information on costs incurred, or to be incurred, with regard to
providing state-of-the-art equipment for the City's proposed new fire stations.
OATHS OF OFFICE-COMMITTEES-POLICE DEPARTMENT-TOWING
CONTRACT: The Mayor advised that there is a vacancy on the Towing Advisory
Board created by the resignation of Sergeant C. A. Karr, and called for nominations
to fill the vacancy.
Mr. Carder placed in nomination the name of Officer Harold F. Wallick.
There being no further nominations, Officer Harold F. Wallick was appointed
as a member of the Towing Advisory Board, to fill the unexpired term of Sergeant
C. A. Karr, resigned, ending June 30, 2003, by the following vote:
FOR OFFICERWALLICK: Council Members Bestpitch, Harris, Carder, Hudson,
and Mayor Smith ............................................................................................... 5.
(Council Member Wyatt was absent.) (Council Member White was out of the Council
Chamber when the vote was recorded.)
Mr. Carder moved that the City residency requirement be waived for Officer
Wallick. The motion was seconded by Mr. Bestpitch and adopted.
372
CITY MANAGER COMMENTS:
SIDEWALK/CURB AND GUTTER-CITY PROPERTY-SNOW REMOVAL: The City
Manager commended City staff on snow removal efforts on Saturday,
January 19, 2002. When there is a snow event, she advised that it is the
responsibility of the property owner to clear the sidewalk in front of the residence
as soon as possible following the snow, and requested the cooperation of
Roanoke's citizens.
At this point, the Mayor advised that RVTV Channel 3 coverage of the City
Council meeting would conclude.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is a time for informal
dialogue between citizens and Council Members, and matters requiring referral to
the City Manager will be referred for response, report and recommendation to
Council.
There were no requests by citizens to speak.
At 4:45 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the
City Council Chamber.
On Tuesday, January 22, 2002, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, C. Nelson Harris,
William H. Carder, Linda F. Wyatt, W. Alvin Hudson, Jr., William White, Sr., and Mayor
Ralph K. Smith ........................................................................................ -7.
ABSENT: None .............
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Scout Troop #5.
373
PUBLIC HEARINGS:
NEWSPAPERS-LEASES-AIR RIGHTS: Pursuant to notice of advertisement for
bids for lease of air rights and easement for support columns located in the City of
Roanoke over a portion of Second Street, S. W., which bids were to be received in
the City Clerk's Office until 4:30 p.m., on Tuesday, January 22, 2002, and to be held,
unopened, by the City Clerk until 7:00 p.m., at which time all bids would be publicly
opened and read before the Council, the matter was before the body.
The Mayor inquired if there were any questions with regard to the opening of
the bids. There being no questions, he instructed the City Clerk to proceed with the
opening of the bids; whereupon, the City Clerk advised that only one bid was
received prior to the deadline for receipt of bids, from the Times World Corporation,
in the amount of $8,500.00, for a term commencing January 17, 2002 and ending
January 17, 2062.
Without objection by Council, the Mayor advised that the bid of the Times
World Corporation would be held in abeyance pending the next item on the agenda
which is a public hearing on the proposal of the City of Roanoke to grant, by
ordinance, additional air rights, and an easement for support columns located in the
City of Roanoke over a portion of Second Street, S. W., for a term beginning as soon
as all legal requirements have been met and ending on January 22, 2062, to provide
sufficient area and space for a crosswalk in connection with expansion of the
facilities of the Times-World Corporation.
Legal advertisement of the public hearing was published in
The Roanoke Times on Tuesday, January 8, 2002 and Tuesday, January 15, 2002,
and in The Roanoke Tribune on Thursday, January 17, 2002.
The City Manager submitted a communication advising that the Times-World
Corporation, a subsidiary of Landmark Communications, Inc., (the Times) has been
publishing newspapers from its present location in downtown Roanoke since 1914;
a new production facility will be constructed on property across Second Street; a
crosswalk above Second Street between Campbell Avenue and Salem Avenue
between the existing building and the proposed expansion is needed to provide
efficient access to the new production facility; the Roanoke Times has requested a
lease of air rights, together with an easement for support columns (including the
right to construct, maintain, repair, replace and remove) within the right-of-way of
Second Street, S. W., for the structure to be constructed within the requested air
rights to be leased for a term of 60 years, which is the limit allowed by the
Constitution of Virginia; the bid for license payment is recommended to be a one-
time fee of not less than $8,500.00, which value was established by applying 50
per cent of the value per square foot of surrounding properties to the 1,312.5 square
foot footprint of the area to be leased.
374
It was further advised that the crosswalk will be one level, located within the
defined airspace above Second Street, a minimum of 18 feet above the street and
extending upward for a distance of approximately 24 feet; potential lease of air
space and easement for columns of support for the crosswalk must be advertised
and the successful bidder is required to reimburse the City for the cost of
advertising a public hearing; City staff recommends authorization of the lease of air
rights and easement for the structure, including a provision for removal of the
structure should the use terminate, if the structure is allowed to deteriorate
unreasonably, or is damaged to the point that its owners do not wish to repair it; the
successful bidder will be required to obtain a performance bond naming the City of
Roanoke as obligee or insured party in the event the lessee does not demolish or
remove the structure as required in the lease; initial bond amount shall be
$250,000.00, to be reviewed every five years and adjusted as necessary by mutual
agreement of the parties; the successful bidder shall also be responsible for utilities,
mqintenance and lighting of the structure, and installation and maintenance of any
and all lighting which may be required under the structure or on the structure in
order to provide adequate lighting for that portion of the street which would pass
under the structure; and indemnification and general liability insurance, bodily
injury, and property damage liability insurance coverage, with the City named as
additional insured, shall be provided by the successful bidder.
The City Manager recommended, following the public hearing and opening of
bids, that Council authorize execution of a lease for a term of 60 years for said air
rights and easement for support columns, to allow construction of a crosswalk 18
feet above Second Street, S. W., and extending upward for a distance of
approximately 24 feet between Campbell and Salem Avenues, S. W., for a one time
consideration of not less than $8,500.00, the successful bidder to be responsib!e for
preparing all appropriate legal documents, in a form to be approved by the City
Attorney, including provision for a performance bond to assure demolition of the
structure, if necessary, and authorize award of such lease and easement to the
successful bidder, with the City reserving the right to reject all bids.
Mr. Bestpitch offered the following ordinance:
(#35731-012202) AN ORDINANCE authorizing a lease between the City of
Roanoke and the Times World Corporation, for the lease of certain airspace over
Second Street, S. W., to provide sufficient area and space for the construction of a
crosswalk in connection with the expansion of the facilities of the Roanoke Times,
and an easement for the location within the right-of-way of Second Street of support
columns for the crosswalk to be constructed, for a term of sixty (60) years; and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 387.)
375
Mr. Bestpitch moved the adoption of Ordinance No. 35731-012202. The mOtion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Ordinance No.
35731-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
The Mayor declared the public hearing closed.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted bv the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, January 22, 2002, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Timothy Sarver to permanently vacate, discontinue and
close that certain alleyway running in an easterly direction from 27th Street, N. W.,
for a distance of approximately 53 feet, more or less, and lying between parcels of
land bearing Official Tax Nos. 2410401 and 2410414, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, January 4, 2002 and Friday, January 11,2002, and in
The Roanoke Tribune on Thursday, January 17, 2002.
-~-~ A report of the City Planning Commission advising that the alley proposed for
closure is a paper alley that has not been developed; and the petitioner owns both
parcels of land adjoining the alley and wishes to vacate the alley to allow for
expansion of his business, Sarver Hydraulics, was before Council.
The City Planning Commission recommended approval of the request, subject
to certain conditions.
Mr. Bestpitch offered the following ordinance:
(#35732-012202) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 389.)
376
Mr. Bestpitch moved the adoption of Ordinance No. 35732-012202. The motion
was seconded by Mr. Harris.
Timothy Sarver, petitioner, appeared before Council in support of his request.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35732-012202
was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith .7.
NAYS: None O.
The Mayor declared the public hearing closed.
GREENWAY SYSTEM-TEA-21-ROANOKE PASSENGER STATION RENOVATION
PROJECT: Pursuant to instructions by Council, the City Clerk having advertised a
public hearing for Tuesday, January 22, 2002, at 7:00 p.m., or as soon thereafter as
the matter may be heard, to consider previously received applications for Federal
funds made available through the Transportation Equity Act for the 21 st Century for
transportation enhancement projects in Fiscal Year 2002-03, the matter was before
the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, January 6, 2002 and Sunday, January 13, 2002, and
in The Roanoke Tribune on Thursday, January 17, 2002.
A communication from the City Manager advising that the Transportation
Equity Act for the 21st Century (TEA-21) was signed into Federal law in June 1998,
which action reauthorized the Federal surface transportation programs for six years,
from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation
Efficiency Act (ISTEA); the law provides $215 billion in spending authority for
highways and transit, including $3 billion for transportation enhancement projects;
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, which includes activities such as facilities for pedestrians and
bicyclists (such as greenways) and rehabilitation of historic transportation
buildings; and the Virginia Department of Transportation (VDOT) held a public
meeting regarding the TEA-21 enhancement program on November 7, 2001, was
before Council.
377
It was further advised that any group or individual may initiate enhancement
projects; however, City Council and the Metropolitan Planning Organization must
endorse the applications prior to submittal to VDOT by the applicant on or before
January 31, 2002; two enhancement project applications have been received; i.e.:
Roanoke River Greenway and Roanoke Passenger Station Renovation and
O. Winston Link Museum; and the City Planning Commission received the requests
on December 20, 2001, and submitted a recommendation to Council under separate
cover.
The City Manager recommended that Council endorse, by separate resolution,
project applications submitted by the City of Roanoke for the Roanoke River
Greenway and Western Virginia Foundation for the Arts and Sciences for the
Roanoke Passenger Station and O. Winston Link Museum, and agree to pay the
respective percentages of the total cost for each project; if the City elects to cancel
the 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.
The City Manager further recommended that she be authorized to execute, on behalf
of the City, any City/State Agreements for project administration, subject to approval
of the project applications byVDOT, and that she be authorized to execute, on behalf
of the City, a legally binding agreement with the Western Virginia Foundation for the
Arts and Sciences (WVFAS), subject to approval of the application by VDOT,
requiring the WVFAS to be fully responsible for its matching funds, as well as all
other obligations undertaken by the City by virtue of the City/State Agreement.
Mr. White offered the following resolution:
(#35733-012202) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project for the Roanoke River
Greenway.
(For full text of Resolution, see Resolution Book No. 65, page 392.)
Mr. White moved the adoption of Resolution No. 35733-012202. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Resolution No.
35733-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
378
Mr. White offered the following resolution:
(#35734-012202) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project for Roanoke Passenger
Station Renovation and O. Winston Link Museum.
(For full text of Resolution, see Resolution Book No. 65, page 393.)
Mr. White moved the adoption of Resolution No. 35734-012202. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith .7.
NAYS: None
The Mayor declared the public hearing closed.
BUILDINGS/BUILDING DEPARTMENT-CITY PROPERTY-LEASES-
COMMONWEALTH OF VIRGINIA BUILDING: Pursuant to instructions by Council, the
City Clerk having advertised a public hearing for Tuesday, January 22, 2002, at
7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to extend
the lease of a portion of City-owned property, known as the Commonwealth Building,
located at 210 Church Avenue, S. W., to the United States Federal Government,
General Services Administration, for a period of one year, the matter was before the
body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, January 13, 2002, and in The Roanoke Tribune on
Thursday, January 17, 2002.
A communication from the City Manager advising that the General Services
Administration (GSA) leases the second floor of the Commonwealth Building for use
of the Federal Bankruptcy Court and affiliated offices, which lease will expir~, on
January 31, 2002; the GSA is interested in continuing the lease, however, time
constraints and requirements mandated by Federal guidelines make it impossible
to execute a new lease by February 1, 2002, and for this reason, the GSA requests
that the City extend the current lease for one year; currently, the GSA leases twelve,
413 square feet, including the entire second floor and one office on the first floor;
current lease rate is $6.50 per square foot, plus $3.93 per square foot for operating
costs, with annual rent totaling $129,549.60; and the renewal of the lease involves
the same square footage and base rate per square foot, with the rate for operating
cost to increase according to the Consumer Price Index for 1982 - 1984 = 100, as a
condition of the current lease, was before Council.
379
The City Manager recommended, following the public hearing, that she be
authorized to offer and execute an extension of the existing lease between the City
of Roanoke and the General Services Administration, for a one year term to allow
sufficient time for the GSA and the City to negotiate terms and conditions for a new
lease agreement, commencing February 1,2002, and ending January 31,2003, with
a new lease agreement between the City and the GSA to be executed at the end of
the renewal.
Mr. Hudson offered the following ordinance:
(#35735-012202) AN ORDINANCE authorizing the extension of an existing
lease between the City of Roanoke and the General Services Administration of the
United States of America for the lease of certain space in the Commonwealth
Building, located at 210 Church Avenue, S. W., for a period of one year, authorizing
the City Manager to execute the requisite lease extension agreement, and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 394.)
Mr. Hudson moved the adoption of Ordinance No. 35735-012202. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Resolution No.
35735-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
The Mayor declared the public hearing closed.
..,, PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-ARMORY/STADIUM:
Pursuant to action by the Council, the City Clerk having advertised a public hearing
for Tuesday, January 22, 2002, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the proposed adoption of a resolution authorizing the City to contract
a debt and to issue general obligation public improvement bonds of the City, i;1 the
principle amount of $830,000.00, for the purpose of providing funds to pay a portion
of the costs of a public improvement project of and for the City, consisting of
acquisition, construction and equipping of a new Stadium/Amphitheater, the matter
was before the body.
380
Legal advertisement of the public hearing was published in
The Roanoke Times on Tuesday, January 8, 2002, and Tuesday, January 15, 2002,
and in The Roanoke Tribune on Thursday, January 17, 2002.
The Director of Finance submitted a written report advising that Council
authorized the issuance of $56,245,000.00 of General Obligation Bonds to fund the
five Year Capital Improvement Program, including $16,200,000.00 for the
Stadium/Amphitheater and $3,000,000.00 for improvements to the Civic Center;
Council was advised on November 5, 2001, that the City's bond attorney had issued
an opinion that the bonds for the South Jefferson Redevelopment Area and the Civic
Center met the Internal Revenue Service private activity tests and would be issued
as taxable bonds; the City recently received authority from the State of Virginia to
issue $12,000,000.00 of tax exempt Qualified Redevelopment Bonds (QRB's) to
finance the South Jefferson project, which will save the City at least $2,000,000.00
in interest payments over the life of the bonds; in addition to applying for and
receiving the QRB's, a strategy has been developed to finance Civic Center
improvements without having to issue taxable bonds; it is allowable, within Internal
Revenue Service guidelines, to spend a given percentage of the total amount of the
bonds on activities that would potentially benefit private enterprise; the allowable
amount relative to the 2002 bond issue totals $2,170,000.00, which could be applied
to the Civic Center project, thus, the City would have to issue only $830,000.00 of
taxable bonds to complete the $3,000,000.00 of Civic Center improvements.
It was further advised that in order to avoid issuing any taxable bonds, the
following solution is proposed: Approximately $1,800,000.00 has been designated
in cash for the Stadium/Amphitheater project; the remainder of the project will be
funded from $16,200,000.00 of bonds to be included in the 2002 issue; it is
recommended to increase the amount of bonds issued for the Stadium/Amphitheater
project by $830,000.00 and substitute a like amount of cash from the project to
complete funding needed for the Civic Center project; internally, accounting Wise,
the Civic Center Fund will still be responsible for $3,000,000.00 of debt, as originally
planned, which approach will allow the City to achieve the total financing needed,
without issuing taxable bonds, thus, saving the City at least another $100,000.00 in
interest costs over the life of the bonds.
The Director of Finance recommended that Council adopt a resolution
authorizing issuance of an additional $830,000.00 in general obligation bonds for the
Stadium/Amphitheater and reducing the $3,000,000.00 of bonds previously
authorized for Civic Center improvements by $830,000.00. He advised that the total
bond issue will remain the same at $56,245,000.00.
Mr. Carder offered the following resolution:
381
(#35736-012202) A RESOLUTION authorizing the issuance of eight hundred
thirty thousand dollars ($830,000) principal amount of general obligations of the City
of Roanoke, Virginia, in the form of general obligation public improvement bonds
of such City, for the purpose of providing funds to pay a portion of the costs' of a
public improvement project of and for such City, consisting of the acquisition,
construction and equipping of a stadium/amphitheater; fixing the form,
denomination and certain other details of such bonds; providing for the sale of such
bonds; authorizing the preparation of a preliminary official statement and an official
statement relating to such bonds and the distribution thereof and the execution of
a certificate relating to such official statement; authorizing the execution and
delivery of a continuing disclosure certificate relating to such bonds; authorizing
and providing for the issuance and sale of a like principal amount of general
obligation public improvement bond anticipation notes in anticipation of the
issuance and sale of such bonds; otherwise providing with respect to the issuance,
sale and delivery of such bonds and notes; and amending Resolution No. 35636-
110501 to provide for the sale of the bonds authorized for issuance hereunder
together with bonds authorized for sale pursuant to such Resolution No. 35636-
110501.
(For full text of Resolution, see Resolution Book No. 65, page 395.)
Mr. Carder moved the adoption of Resolution No. 35736-012202. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter; whereupon, Ms. Evelyn D. Bethel, 35 Patton
Avenue, N. E., inquired if the stadium/amphitheater referred to in the proposed
resolution pertains to the stadium which is to be constructed north of Orange
Avenue, N.W. She also inquired as to whether Council's proposed action would
benefit private enterprise, and, if so, has the private enterprise entity been identified
by the City.
No other persons wishing to address Council, Resolution No. 35736-012202
was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
The Mayor declared the public hearing closed.
382
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-FLOOD
REDUCTION/CONTROL: Pursuant to instructions by Council, the City Clerk having
advertised a public hearing for Tuesday, January 22, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal to convey, by exchange,
portions of City-owned property, identified as Official Tax Nos. 4030602 and 4030604,
which are vacant lots located on Piedmont Street, S. E., to the adjoining property
owners for necessary property rights, in connection with the Roanoke River Flood
Reduction Project, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, January 13, 2002, and in The Roanoke Tribune on
Thursday, January 17, 2002.
A communication from the City Manager advising that the Roanoke River
Flood Reduction Project was proposed by the U. S. Army Corps of Engineers in
1984, and approved by voter referendum on April 11, 1989; as part of the Local
Cooperation Agreement between the City and the Corps of Engineers for design and
construction, the City is required to acquire all necessary property rights;
negotiations with three property owners on Piedmont Street have led to a proposal
to subdivide two City-owned parcels of land identified as Official Tax Nos. 4030602
and 4030604, to enable portions of the land to be conveyed to each of the adjoining
property owners as part of the consideration for the property to be acquired by the
City and remaining lot residuals have no real value to the City but enhance the
property of adjoining property owners, was before Council.
The City Manager recommended, following the public hearing, that she be
authorized to execute the subdivision plat and appropriate documents to convey the
subject property to the adjoining property owners as part of the consideration for
property to be acquired from three property owners, relative to the Roanoke River
Flood Reduction Project, with all documents to be approved as to form by the City
Attorney.
Mr. Bestpitch offered the following ordinance:
(#35737-012202) AN ORDINANCE authorizing the execution of a subdivision
plat and the conveyance of City-owned property in connection with the acquisition
of property for the Roanoke River Flood Reduction Project, upon certain terms and
conditions; and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 409.)
Mr. Bestpitch moved the adoption of Ordinance No. 35737-012202. The motion
was seconded by Mr. Carder.
383
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter. There being none, Resolution No.
35737-012202 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Wyatt, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None .................................................................................. -0.
The Mayor declared the public hearing closed.
ARCHITECTURAL REVIEW BOARD-CHURCHES: The Architectural Review
Board, on November 8 and December 13, 2001, having heard a request on behalf of
Calvary Baptist Church for demolition of structures located at 503 Sixth Street, S. W.,
Official Tax Nos. 1113304 and 1113318, and having denied the request, an appeal of
the decision of the Architectural Review Board, submitted by Calvary Baptist
Church, pursuant to Section 36.1-622(d), Code of the City of Roanoke (1979), as
amended, was before Council.
The Architectural Review Board submitted a written report advising that
Section 36.1-348 of the Code of the City of Roanoke (1979), as amended, contains
specific requirements, for permitting demolition in an H-2, Neighborhood
Preservation District; i. e.:
(a) Loss of the structure would not be adverse to the district or to the
public interest by virtue of its uniqueness or its significance to the
district;
(b) Demolition would not have an adverse impact on the character and
surrounding environment of the district; and
(c) Where demolition is in conjunction with a proposed new use of the
site, such use satisfies the intent and standards of the H-2 district.
The Architectural Review Board advised that it was unable to make the above
findings and therefore could not approve the request of Calvary Baptist Church; the
Board was of the opinion that loss of the structure would be adverse to the district
by virtue of its uniqueness and its significance to the district, and demolition would
have an adverse effect on the character and surrounding environment of the district.
It was further advised that the Church, if aggrieved by the decision of the
Architectural Review Board, could appeal the decision, pursuant to Section 36.1-
622(d) of the Code of the City of Roanoke, (1979), as amended, within 30 calendar
days after a decision is rendered by the Architectural Review Board.
384
The Reverend Donna H. Britt, Pastor, Calvary Baptist Church, advised of the
need for convenient and appropriate parking; and, in planning for the future, the
Church engaged the services of a consultant to study parking needs. She stated
that without the type of parking amenities that today's drivers desire and expect, the
Church will not grow because today's drivers, both young and old, expect close
proximity and a sense of safety, neither of which currently exist at Calvary Baptist
Church. She further stated that on three occasions during the past few decades, the
congregation has considered the question of moving from its current location, but
for various reasons chose to remain at its present site; however, as the
congregation ages, many of whom are elderly and in need of more convenient
parking, they have reached the point where parking is a paramount consideration.
She explained that while the City has proposed an alternative plan to save a portion
of one of the buildings in question, the plan would increase the cost to the Church
by thousands of dollars. She presented letters of support of the request of the
Church from the Jefferson Center, Scottish Rite Masonry, The Kazim Shrine Temple
and the League of Older Americans Area Agency on Aging.
Robert N. Richert, 415 Allison Avenue, S. W., encouraged Council to affirm the
decision of the Architectural Review Board, and stated that approximately one-half
of the nine City blocks between Calvary Baptist Church property and 3rd Street is
currently surface parking. He asked that Council avoid the myopia that allows
individual decisions to be inconsistent with the larger vision of the City, and noted
that whenever Council approves various types of plans such as Vision 2001, historic
district guidelines, zoning issues, etc., certain expectations are created and when
those expectations are not met, citizens become frustrated and lose confidence in
the City. He stated that what is at risk is not parking for Calvary Baptist Church, but
the integrity of Roanoke City government; it is known that a compromise can be
worked out that will, in large part if not entirely, meet the needs of the Church;
however, if the community loses confidence in Roanoke City government's
willingness to follow through on its commitments, the expectations of citizens will
change dramatically and the City is already on the cusp of that change.
John W. Urquhart, 3773 Buckingham Drive, S. W., member, Calvary Baptist
Church, Chairman of the Board of Deacons, advised that parking pressures exist at
and around the Church, with the majority of parking availability being contingent on
the generosity of neighbors and on street parking. He stated that Calvary Baptist
Church has negotiated with the owners of the two buildings for quite some time and
the congregation took a leap of faith in May 2001 when it voted to acquire the land
for surface parking. He added that the buildings have been vacant for the past seven
years, with no sign of commercial development, therefore, the proposal of the
Church offers a sensible solution to an obvious need. He explained that in recent
years, the congregation has aged and the importance of parking has increased,
especially the need for handicapped parking and safety of the congregation; and
according to Police Department records, there have been 213 police calls during the
past six months within a 750 foot radius of the Church. He advised that Calvary
385
Baptist Church has served as an anchor in the neighborhood since 1891 and, today,
it is important for the Church to grow both internally and externally, in order to
remain vibrant. He explained that the strategic plan of the Church calls for a vision
to utilize the physical plant in order to partner for a possible day care, tutoring
services, after school programs and support meetings; and the Church must partner
with other groups and agencies in the area to provide assistance to its neighbors on
Marshall Avenue, Day Avenue and Elm Avenue. He requested that Council approve
the appeal of Calvary Baptist Church for demolition of the two structures to provide
for surface parking which will ensure the continuation of vitality and growth for the
Church.
Robert B. Manetta, Chair, Architectural Review Board, presented a report of
the Board recommending that Council affirm the Board's decision to deny the
issuance of a Certificate of Appropriateness.
He advised that the building known as the "Dye Plant" was built circa 1930
and was associated with operation of the Cotton Mill; a second building proposed
for demolition is known as the "Antrim Motors" Building (circa 1920) and once
housed an auto sales business; both buildings front on Sixth Street and are
physically attached to the Cotton Mill building; the Antrim Motors building has a
unique facade that features raised brick and diamond-patterned tile accents, three
large bays and six, second-story windows that are bricked in; the building also has
a unique architectural roof that is reflected in the facade; the original building
extends about 100' deep into the lot and is structurally sound; and the Dye Plant
building is brick with a plain facade, except for large, glass block windows. He
noted that the Church indicates that the structural condition of the building is poor
because chemicals and moisture from the dyeing process have deteriorated the
beams; and a brick addition was constructed on the rear of the Antrim Motors
building which wraps around the rear of the Dye Plant building.
He explained that as a part of its application, Calvary Baptist Church
submitted a plan showing 47 standard parking spaces and seven handicap parking
spaces and a covered drop-off would be attached to the rear of the Church and
extend over the private street.
Mr. Manetta advised that discussion by the Architectural Review Board
indicated that the majority of its members believe that loss of the structures would
have an adverse impact on the character of the historic district; and discussion also
indicated that the major concern was loss of the Antrim Motors building, which is
clearly the more architecturally significant of the two buildings.
David Nixon, 920 Welton Avenue, S. W., Attorney, representing Calvary Baptist
Church, and a member of the Church, advised that Council has the discretion to
grant the request to demolish the two buildings; however, an argument has been
made that Council has little discretion in this regard because one of the two
386
buildings has been designated as a contributing building to the historic district. He
stated that the argument has been made that ifa building is a contributing structure,
there is little that Council can do to authorize its demolition unless there are no other
alternatives; however, this statement is incorrect because the words contributing
or non contributing are not included in City ordinances, yet some of the buildings
in the historic district are deemed contributing and non contributing; and the
designation is not made by City Council, but by the National Register of Historic
Places. He stated that City ordinances provide no special protection to buildings
that have been designated as contributing buildings and the pertinent ordinance
sites three considerations, the pertinent consideration being whether or not the loss
of the structure would be adverse to the district or to the public interest by virtue of
its uniqueness or its significance to the district. He explained that the Architectural
Review Board takes the position that since the National Register of Historic Places
has designated the building as contributing to the historic district, it must have
uniqueness or significance to the historic district, such designation by the National
Register of Historic Places is not binding on City Council, and Council can determine
that the Antrim Motors Building is not a contributing structure. He stated that the
second building that the Architectural Review Board and City Planners have
determined could be demolished is the Dye Plant next to the Antrim Motors building,
with the argument that the building is a non contributing structure; however, the
Antrim Motors building cannot be demolished because it is a contributing structure,
as determined by the National Register of Historic Places. Therefore, he stated that
the compromise offered by City Planners and the Architectural Review Board
involves demolishing a contributing structure.
Dr. Harry Y. Gamble, 3431 Overbrook Drive, S. W., former Pastor of Calvary
Baptist Church, advised that propelling the request presently before Council is the
steadfast effort of the Church to create a new future for itself and, to the extent
possible, to improve the surrounding landscape. He stated that the general area
known as West End has steadily deteriorated since the mid 1960's due primarily to
neglect of property, economic deprivation and an increase in transient residents,
whereas, in earlier years, the area was a desirable place to live; and Calvary Baptist
Church and its neighboring churches farther west have been the focus of womhip
for West End residents, as well as others who reside in various parts of the city. He
further stated that the building to the rear of the Church and across the street has
been unoccupied for many years and shows signs of neglect; and the building has
no valid historical significance. He explained that from the standpoint of the Church,
its growth, viability and influence are diminished unless additional parking spaces
are acquired as close as possible to the Church proper. He advised that it is
appropriate to take into consideration the fact that the largest architectural firm in
the City of Roanoke has consistently cited Calvary Baptist Church as representing
the most classic example of Doric architecture of any building in the City; and as
such, the Church is not only a familiar landmark, but a cultural asset to the City. In
closing, he advised that the question is: which building does Council deem most
worthy of preserving?
387
Megan McClure, 54 Walnut Avenue, S. W., a member of Calvary Baptist
Church, called attention to instances when members must park as far away as two
blocks and walk to the Church in inclement weather. She expressed concern
regarding safety issues for youth and senior Church members, and advised that
more people would attend church services if the request of Calvary Baptist Church
for additional parking is approved.
Chris Craft, 1501 East Gate Avenue, N. E., advised that if Council denies the
request of Calvary Baptist Church, it will, in effect, place a cap on God. He stated
that he attends Parkway Wesleyan Church which did not have sufficient parking
amenities and the Church chose to move to a larger location. He added that Calvary
Baptist Church does not want to move out of downtown Roanoke, but, by the same
token, its congregation does not want to park three to four blocks away from the
Church location.
Michael Trail, 3403 Troxell Road, S. E., a member of Calvary Baptist Church,
called attention to parking agreements with The Kazim Shrine Temple and the
League of Older Americans in which Church members are permitted to use their
parking areas; however, parking is still limited with only a few spaces designated for
handicapped individuals, and if the request of Calvary Baptist Church is granted, the
new parking area will provide enhanced accessability to the Church building. He
added that the Church has been called upon to be a visible and viable component
of the community, and its ministry will be enhanced if additional parking is provided.
Because of problems associated with the lack of parking, he stated that it is a
struggle for him as a handicapped individual to attend church; however, his love of
God and his Church help him to endure these obstacles. He advised that Council
has an opportunity to demonstrate its support for Calvary Baptist Church and its
ministry to the neighborhood by rendering a favorable decision on the appeal filed
by the Church to the decision of the Architectural Review Board.
D. Kent Chrisman, 2319 Avenham Avenue, S., W., advised that as a member
of the City Planning Commission, he would urge that Council affirm the decision of
the Architectural Review Board. He stated that if Council finds itself in a position
where it is uncomfortable with decisions rendered by the Architectural Review Board
and if Council believes that the Board is not representing the best interest of citizens
as a whole, it is then incumbent upon Council to not reappoint Board members. He
added that the proposal of the Church is not supported by the Comprehensive ~lan,
the proposal does not support economic development of the City by taking
advantage of available tax credits for historic structures, which tax credits would
bring new dollars into the City's economy, the proposal does not encourage
pedestrian activity which is cited in the Comprehensive Plan, and the proposal does
not encourage new residential housing in the City. He explained that if the matter
were. being considered by the City Planning Commission, the Planning Commission
would insist that it be discussed and negotiated with the proper neighborhood
association to determine if a positive resolution could be achieved, and if the parties
388
could not resolve their issues, the City Planning Commission would table or refer
the matter to another body. He encouraged Council to refer the matter back to the
Architectural Review Board for further consideration, with the goal of reaching a
peaceful and positive solution.
Mark McConnell, 546 Camilla Avenue, S. E., Chair, Roanoke Arts Commission,
requested that Council take into consideration what it will mean to every Council
appointed board and commission if Council over rules the decision of the
Architectural Review Board. He stated that the buildings in question are
contributing structures to the historic district; and the fact that the Architectural
Review Board has stated that a contributing building could be demolished is
unprecedented. He advised that no worthwhile cause was ever derailed for the lack
of a few dozen parking spaces, and encouraged Council to affirm the decision of the
Architectural Review Board.
Murray A. Stoller, 2907 Oakcrest Avenue, S. W., a member of Calvary Baptist
Church since 1948, advised that it is in the best interest of the City to permit the
demolition of the buildings. He stated that Calvary Baptist Church is 110 years old;
after a disastrous fire in 1950 and other fires, one of which was arson, the Church
voted to remain in its current location, believing that its presence helped to anchor
the neighborhood and serve as an influence for good. He further stated that the
Church has renewed its loyalty to the current location and continues to believe that
maintenance of the Church in the central area of the City is not only necessary, but
a grounding force for the neighborhood. He advised that the Church believes in
good government, quality education, and being a good neighbor; however, having
spent a large amount of time, effort and money on the project, the suggested
alternative of the Architectural Review Board does not meet the needs of the Church
for parking near the main entrance, nor can the Church afford the suggested
alternative. He stated that it would be tragic to endanger the good work of Ca!vary
Baptist Church to preserve a building that no longer has historical significance.
Nick Glennon, 7628 Countrywood Drive, S. W., Co-owner of the building and
property located at 503 Sixth Street, S. W., advised that his company invested in
downtown Roanoke for over a decade by providing jobs until the domestic textile
business failed, then, as opposed to abandoning the property, they persevered and
paid taxes to the City, while promoting an opportunity for a vision of revitalization
for the neighborhood, which vision now appears to have sustenance. He stated that
during the past decade, Calvary Baptist Church has made a significant investment
in the neighborhood, while maintaining a commitment and making a contribution
when others were reluctant to do so. He requested that Council support the
investment by the Church to secure its future in downtown Roanoke by over ruling
the decision of the Architectural Review Board.
389
Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that she is an advocate of
preservation; however, based upon discussions at the 2:00 p.m., Council session
with regard to the future of the current Roanoke Academy of Mathematics~and
Science in relation to its possible demolition, she stands in support of the request
of Calvary Baptist Church to demolish the two structures. She stated that if the City
can approve separating a community (Gainsboro), the very first community in
Roanoke City, by building a four lane highway to provide a loop for downtown
Roanoke ingress and egress by motorists, Council can support the continuation of
a religious institution in an area of the City where it is needed. She noted that there
is a great deal of surface parking throughout the City of Roanoke which should be
discontinued, however, in the case of Calvary Baptist Church, it is a worthwhile
cause despite historic preservation. She asked that Council support the request of
Calvary Baptist Church or remand the matter back to the Architectural Review Board
and the City Planning Commission for further study.
Bruce Munsey, 523 Woods Avenue, S. W., President, Old Southwest, Inc.,
advised that the future is based upon the past and if older buildings had been
demolished, Old Southwest, in its present form, would not exist today. He state~J that
at one time, Woods Avenue was not a safe place to live or visit, but it is now a viable
neighborhood, as is King George Avenue, Janette Avenue, Allison Avenue, Walnut
Avenue, and the area around Highland Park. He asked that Council review the
request and remand the matter back to the Architectural Review Board which is
charged with making a decision.
Lori Evans, 602 Walnut Avenue, S. W., requested that Council affirm the
decision of the Architectural Review Board, with the goal of reaching a solution that
meets both the needs of the Church, the neighborhood, and the City of Roanoke.
She advised that if a group of concerned citizens had not saved the old southwest
neighborhood, it is possible that Calvary Baptist Church would not be in its present
location today.
Fredrick (Rick) Williams, 3725 Sunrise Avenue N. W., former Chair,
Transportation and Infrastructure Task Team and the Streetscape Round Tab~3 for
Vision 2001, advised that during the process of working on the Comprehensive Plan,
the topic of parking came up independently in various task teams. He stated that the
Comprehensive Plan emphasizes on street parking, discourages the proliferation of
surface parking, encourages the location of parking behind buildings and access by
way of alleys, and condemns the demolition of buildings to provide surface parking.
He added that the Comprehensive Plan is clear about the issue, the Architectural
Review Board decided the issue proper based on the City's Comprehensive Plan,
and the Board balanced the interest of all parties and proposed a good compromise.
He encouraged Council to affirm the decision of the Architectural Review Board,
39O
because overruling the Board will invite more cynicism which is already pervasive
in certain quarters of the City as it relates to the City's willingness to take seriously
and to abide by the plans that it makes and approves. If a decision cannot be made
this evening, he suggested that the matter be remanded back to the Architectural
Review Board for further consideration and compromise.
James Armstrong, 619 Highland Avenue, S. W., advised that the City of
Roanoke has an abundance of parking according to a report prepared by Urban
Design Associates. He stated that once an area is paved for surface parking, it is
next to impossible to do anything further with the property, because parking lots
rarely convert to any other use for decades. He stated that his second concern is
procedural in nature; whereupon, he advised that he has lived in the old southwest
area for a number of years and has tried to comply with Architectural Review Board
guidelines by working with Architectural Review Board staff to ensure that changes
to his property are consistent with Architectural Review Board requirements, while,
at the same time, he has observed more powerful institutions, professional
partnerships and businesses in old southwest appear to do what they please.
Therefore, he advised that his question is: why should he continue to respect the
kinds of regulations that exist in the historic district when others do not comply. He
asked that the request of the Church be considered in the overall context of the
matter.
Christopher Chittum, Secretary, Architectural Review Board, reviewed a
proposed compromise which includes a site plan prepared by City Planning staff
that would provide 54 parking spaces and preserve the original portion of the A;~trim
Motors building.
Following discussion by Council, and upon consideration of the Architectural
Review Board's letter dated January 22, 2002, to the Members of Council and the
information received at the Council meeting on January 22, 2002, Mr. Harris moved
that Council reverse the decision of the Architectural Review Board on
December 13, 2001, and that a Certificate of Appropriateness be issued for the
demolition of structures located at 503 Sixth Street, S. W., on the grounds that loss
of the structures would not be adverse to the district and the public interest by virtue
of their uniqueness and significance to the district, demolition of the structures
would have no adverse effect on the character and surrounding environment of the
district, and the proposed new use satisfies the intent and standards of the H-2,
Neighborhood Historic District, with the understanding that erection of any
structures in connection with such new use will require the issuance of an additional
Certificate of Appropriateness, and with the further understanding that pa~king
design as proffered by Calvary Baptist Church with regard to landscaping will be
included. The motion was seconded by Mr. Hudson.
391
Based upon consideration of the Architectural Review Board's letter dated
January 22, 2002, and the information presented at the Council meeting on
January 22, 2002, Mr. Bestpitch offered a substitute motion that the decision of the
Architectural Review Board be modified and that a Certificate of Appropriateness be
issued for the demolition of a certain structure located at 503 Sixth Street, S. W., but
not the structure located on Tax Map No. 1113304 which fronts on Sixth Street, S. W.,
as shown on Attachment C provided to City Council, on the grounds that loss of the
structure which fronts on Sixth Street and which is shown as remaining in
Attachment C would be adverse to the district and the public interest by virtue of its
uniqueness and significance to the district, that demolition of the structure would
have an adverse effect on the character and surrounding environment of the district,
and the proposed new use, with respect to that structure only, does not satisfy the
intent and standards of the H-2, Neighborhood Historic District, but loss of the other
structure sought to be demolished in the application would not be adverse tv the
district and the public interest by virtue of its uniqueness and significance to the
district, demolition of the structure would have no adverse effect on the character
and surrounding environment of the district and the proposed new use with respect
to that structure satisfies the intent and standards of the H-2, Neighborhood Historic
District, with the understanding that erection of any structures in connection with
such new use will require the issuance of an additional Certificate of
Appropriateness. The substitute motion was seconded by Mr. Carder and lost by the
following vote:
AYES: Council Members Bestpitch and Carder ........................................... -2.
NAYS: Council Members Harris, Wyatt, Hudson, White and Mayor Smith ........ 5.
The main motion was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Hudson, White and Mayor Smith ........ 5.
NAYS: Council Members Bestpitch and Carder ........................................... -2.
At this point, the Mayor advised that RVTV Channel 3 coverage of the
City Council meeting would conclude.
HEARINGS OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is a time for informal
dialogue between citizens and Council Members, and matters requiring referral to
the .'City Manager will be referred immediately for response, report or
recommendation to Council.
COMPLAINTS: Mr. Robert E. Gravely, 1617 Hanover Avenue, N. W., addressed
Council with regard to various issues of concern; i.e.: wages for City employeec, the
plight of disadvantaged citizens, and housing issues.
392
COUNCIL: With respect to the Closed Meeting which was held following
dinner at 5:00 p.m., and previously approved by Council, Mr. Carder moved that each
Member of City Council certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Closed Meeting was convened ~vere
heard, discussed or considered by City Council. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Carder, Hudson, White,
and Mayor Smith ............ 4~.
NAYS: None
(Council Member Wyatt abstained from voting inasmuch as she was not present for
the Closed Session.)
There being no further business, the Mayor declared the meeting adjourned
at 9:35 p.m.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
393
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 4, 2002
12:15 p. m.
The Council of the City of Roanoke met in regular session on Monday,
February 4, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Re.qular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt,
William H. Carder and Mayor Ralph K. Smith .......................................................-4.
ABSENT: Council Members C. Nelson Harris, William White, Sr., and
William D. Bestpitch .......................................................................................... 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and
Mary F. Parker, City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Carder and Mayor Smith ............ -4.
NAYS: None .......................................................................................... 0.
(Council Members Harris, White and Bestpitch were absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159.
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At 12:25 p.m., the Council meeting reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., with Mayor Smith presiding, and all Members of the Council in
attendance.
LEGISLATION-WATER RESOURCES-SEWERS AND STORM DRAINS: The City
Manager introduced a briefing on the National Pollution Discharge Elimination
System, Phase II (NPDES). She advised that at the last Council retreat, several
Council Members expressed an interest in the upcoming storm water management
application and permitting process, which are mandated by the Federal
Government. She called attention to the City's efforts to address the issues on a
regional basis and introduced Cary Lester, Environmental Administrator, and
John G. Reed, Civil Engineer II, to present a progress report.
Mr. Lester advised that the Engineering Department has been working on the
project for approximately 18 months in conjunction with an outside engineering firm
which was hired by the City to direct the project; and origin of the project dates back
to the Clean Water Act which is a part of several major pieces of environmental
initiatives that surfaced in the 1970's, along with the National Environmental Policy
Act, the intent of which is to restore streams and rivers. He stated that the first
initial focus of the Clean Water Act was to eliminate toxic pollutants from municipal
and industrial facilities; and in 1987, the Act was amended to include surface water
run off from farms and urban environments which was contributing to the
degradation of the rivers. He advised that the legislation was controversial; basics
of the plan involve the public through education, participation by the public in the
effort, and assessment of the problem through an evaluation of the storm water
sewer system and to improve developmental standards so that past mistakes will
not be repeated. He stated further that the City of Roanoke, along with neighboring
jurisdictions, is subject to NPDES, Phase II, and will submit an individual application
by March 15, 2003; in submitting the application, there is a two-fold consideration:
to address quality and quantity, however, only the quality standard will be a part of
the permit application. He advised that to address the City's needs, $300,000.00
annUally will be needed for a permit period of five years, although the process will
be ongoing.
John G. Reed, Civil Engineer II, advised that it is estimated that it will cost the
City approximately $300,000.00 annually to remain in compliance with the mandate.
He explained that a component of the storm water management system, which is
not mandated by the Federal Government, but is the focus of most citizen
complaints in regard to storm water, is the drainage collection system; and the
Environmental Protection Administration has identified and listed the City of
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Roanoke as the owner/operator of a municipal storm sewer system. He further
explained that there are basically two components to waste water: collection and
treatment, and there is a close relationship with the collection system. He noted that
the City recently completed a waste water interceptor project on Tinker Creek and
the Roanoke River in an effort to minimize the amount of river water that goes to the
waste water treatment plant. He explained that with the new law, the City has been
tasked with the responsibility of removing non-run off flows from the collection
system, thus, there is a close relationship between the quality and quantity
components. He stated that the current Capital Improvement Program drainage
program in the City of Roanoke is primarily citizen complaint driven, large projects
have historically followed large flooding events such as the Williamson Road storm
drainage project in the 1980's, Peters Creek, and Garden City; to support these
projects, the City has relied on bond funding without General Fund appropriations,
and in the last 20 years, funding has averaged approximately $1.5 million per year
for storm drainage projects. He explained that there are approximately 120 projects
on the City's current ClP drainage project list that are identified but not funded
projects, in the approximate amount of $43 million, and the list continues to grow
each time the City receives a citizen complaint that cannot be corrected by City
drainage maintenance crews. He stated that many of the drainage projects have a
long history of over 20 years and most of the projects are within the City's contained
watersheds. He referred to areas in northwest Villa Heights and an open channel in
the Garden City neighborhood which are typical examples of projects on the CIP
list~, He stated that the drainage situation is similar to the City's sidewalk, curb, and
gutter project list which currently has a back log of approximately $21 million in
capital needs; a dedicated program for funding sidewalk, curb, and g;=tter
improvements was addressed by Council last year; and the current ClP drainage
program, totalling $43 million in unfunded capital needs, does not include
maintenance of the existing system or future systems to be constructed.
Mr. Reed advised that all cities and counties in Virginia with a population of
over 100,000 were required to address the NPDES issue in the early to mid 1990's,
the localities had similar capital needs and most of the jurisdictions developed a
storm water utility to address NPDES requirements and to provide additional
services in connection with capital and maintenance needs. He presented a spread
sheet showing current Phase I communities in the Commonwealth of Virginia and
the State of Greensboro, illustrating typical fees that other communities have
imposed in order to fund their storm water management program in terms of quality
and quantity. He stated that some communities instituted a storm water utility user
fee for the purpose of offsetting existing costs and addressing certain necessary
capital improvements.
The following is a summary of discussion by Council Members and staff:
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The NPDES is an unfunded mandate by the Federal Government
through the Environmental Protection Agency (EPA); the State of
Virginia through, its Department of Environmental Quality, will manage
and administer the program; the EPA established rules on a national
basis which impact localities initially based upon population, and the
City of Roanoke will submit its permit application to the State which
will sign off on the application as the agent of EPA.
Mandates are not unlike the Clean Water Act, which required localities
to make certain improvements to their water treatment system; and
NPDES is another aspect of the Clean Water Act which is intended to
look at water run off to rivers and streams.
There has been considerable discussion over the years regarding
drainage problems throughout the City, but not enough has been done
to address existing problems.
Is it possible that problems with bacteria in the untreated water at the
Crystal Spring Pump Station is the result of water contamination from
the Mill Mountain Zoo?
No problems existed at the Crystal Spring Plant until April 1999 when
the Health Department identified the presence of bacteria which was
not found in the treated water. Based upon a request from the Health
Department, the City closed the Crystal Spring Plant until an additional
filtration system could be installed to provide additional protection.
The origination of water from the Crystal Spring Plant is not known,
although the water source appears to be drought-proof.
If a well is identified, what would be involved with regard to developing
another type of treatment plant, or transporting water to the Carvins
Cove Reservoir for treatment. City staff advised that developing
another type of treatment plant or transporting water to Carvins Cove
Resevoir would involve a major expenditure of several million dollars.
A geologist has pointed out that the reason wells were not pursued by
the City in 1999 is because many of the potable water sites are located
on private property and the City would have to obtain property rights.
When localities go through the NPDES permit process they have
identified both quality and quantity issues; however, most localities
have not significantly addressed the quantity issues largely because
they do not on a consistent basis budget for these types of
397
improvements; and the storm water management fee, or the utility fee,
represents an opportunity to create a consistent revenue stream which
may be acceptable to the community.
City staff has been requested to provide Council with a comprehensive
list of outstanding capital improvements at the March 8 Financial
Planning Session. A significant amount of the City's infrastructure has
not been addressed in a consistent manner, whether it be maintenance
of buildings, maintenance and repair of water and sewer lines, and
storm drains, etc.
Citizens are not concerned about the quality issue unless it impacts the
rivers, but citizens will look to the City to address the quantity issue
and the issues will have to be aggressively addressed in the future
because the majority of development in the City is taking place in areas
where flooding problems will continue to exist.
The $300,000.00 annual cost can be achieved with belt tightening and
other prioritizing of City projects, but the bigger question is the issue
of the number of unfunded and pending projects, therefore, the City
needs to look long term at how to address $43 million worth of projects.
One choice is through the utility user fee and another choice would be
for Council to prioritize through its capital improvement process and
designate X number of dollars annually for this purpose.
If a utility user fee is established, it should be imposed on a regional
basis.
As a means of conserving water, the City should offer incentives to
businesses, such as car washing establishments, that use a large
volume of water.
It would be helpful when making various types of comparisons/bench
marks that the same list of cities be used in all instances, if possible.
At 1:20 p. m., the Mayor declared the meeting in recess for the purpose of
holding one Closed Session which was previously approved by Council.
At 1:30 p. m., the City Council meeting reconvened in the Council Chamber,
with Mayor Smith presiding, and all Members of the Council in attendance.
398
COUNCIL: With respect to the Closed Meeting just concluded, Mr. White
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, White, Carder, Bestpitch
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE-
COMMUNITY SERVICES: The Mayor advised that the term of office of
Dr. Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare Board
of Directors expired on December 31, 2001, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Dolores Y. Johns.
There being no further nominations, Dr. Johns was reappointed as a member
of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending
December 31, 2004, by the following vote:
FOR DR. JOHNS: Council Members Hudson, Harris, White, Carder, Bestpitch
and Mayor Smith ........................................................................................... -6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term
of office of Claude N. Smith as a member of the Roanoke Regional Airport
Commission will expire on March 9, 2002, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Claude N. Smith.
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There being no further nominations, Mr. Smith was reappointed as a member
of the Roanoke Regional Airport Commission, for a term ending March 9, 2006, by
the following vote:
FOR MR. SMITH: Council Members Hudson, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board (Patrick Shumate vacancy), and called
for nominations to fill the vacancy.
Mr. White placed in nomination the name of Krista Blakeney.
There being no further nominations, Ms. Blakeneywas appointed as a member
of the Youth Services Citizen Board, for a term ending May 31,2004, by the following
vote:
FOR MS. BLAKENEY: Council Members Hudson, Harris, White, Carder,
Bestpitch and Mayor Smith ............................................................................... -6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
At 1:35 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building.
At 2:00 p.m., on Monday, February 4, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt,
C. Nelson Harris, William White, Sr., William H. Carder, William D. Bestpitch and
Mayor Ralph K. Smith ........................................................................................ 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT' Darlene L.
William M. Hackworth, City Attorney; Jesse A.
Mary F. Parker, City Clerk.
Burcham, City Manager;
Hall, Director of Finance; and
4OO
The reconvened meeting was opened with a prayer by The Reverend
Catherine A. Houchins, Pastor, Metropolitan Community Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: Mr. White offered the following resolution
recognizing and commending Hamlar & Curtis Funeral Home for 50 years of
outstanding service to the Roanoke Valley.
(#35738-020402) A RESOLUTION paying tribute to Hamlar-Curtis Funeral Home
on its 50-year anniversary of service to the citizens of Roanoke.
(For full text of Resolution, see Resolution Book No. 65 page 411.)
Mr. White moved the adoption of Resolution No. 35738-020402. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
The Mayor and Council Member White presented a ceremonial copy of the
abovereferenced resolution to Mr. H. Clark "Duke" Curtis.
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.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October29, 2001 (Fifth MondayWork Session), and Monday, December 3, 2001, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
401
Mr. Bestpitch moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr. Hudson
and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
--~ FIFTH PLANNING DISTRICT COMMISSION-DIRECTOR OF FINANCE-OATHS
OF OFFICE-COMMITTEES-INDUSTRIES:
The following reports of qualification were before Council:
William H. Carder as a member of the Roanoke Valley - Allegheny
Regional Commission to fill the unexpired term of Donald S. Caldwell,
resigned, ending June 30, 2003;
Jesse A. Hall as Director of Finance for a term beginning at midnight on
January 31, 2002, and ending September 30, 2002; and
Charles E. Hunter, III, as a Director of the Industrial Development
Authority of the City of Roanoke, Virginia, to fill the unexpired term of
Thomas Pettigrew, resigned, ending October 20, 2004.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
402
SCHOOLS: Dr. E. Wayne Harris, Superintendent. Roanoke City Public Schools,
presented a briefing on the English Language Learners Program. He advised that
the expression is often heard that we live in a global society and that statement is
often accompanied with an explanation that changes in technology allow us to see
around the world. He stated that there is an ever increasing number of students
coming into the Roanoke City School system from other countries around the World
and the English Language Learners Program helps those students and their parents
learn to speak English. He explained that within Roanoke City schools, there are
students who speak 27 different languages, with Spanish representing the largest,
Vietnamese second, Croatin third, Haitian fourth and Arabic fifth, and Roanoke's
school system provides translations of all documents in the top three languages.
He added that it is important to understand that if the school system is to
adequately serve each student, it must ensure that parents, guardians and sponsors
who do not speak English have the information they need translated. He advised
that the Roanoke area is fortunate to have a refugee service located on 9t~ Street in
southeast Roanoke that lends a great deal of support to the English Language
Learners Program by providing the names of individuals who can act as translators;
and the City of Roanoke has developed an excellent English Language Learners
Program which is based on sound and effective implementation of educational
theory and provides the necessary resources for success.
Dr. Harris stated that 375 students currently participate in the program, which
is supervised by a staff of nine teachers working at various grade levels, and the
amount of time that a teacher spends with each student depends on the English
limitations of each child; and teachers must insure regular evaluation and
modification of the Program to provide equitable accommodations for students
through a trained and knowledgeable staff. Because of the increased number of
students participating in the program, Dr. Harris advised that two additional teachers
will be added to the staff to ensure the success of these 375 students, who must
meet the same high standards as other students in regard to the Standards of
Learning in the basic skills of reading, comprehension, math, science, history, social
studies and technology. He also called attention to the number of kindergarten and
first grade students, participating in the program, the number at the middle school
level is small when compared to elementary schools, 9th and 10t~ grades have a
significant number of students and it is anticipated that the number will continue to
grow with the changing world situation.
Without objection by Council, the Mayor advised that the briefing would be
· - received and filed.
ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, Roanoke
Valley Economic Development Partnership, explained that the Partnership is the
only organization in the Roanoke Valley that receives its funding based on a per
capita funding formula ($1.75 per capita), by seven Roanoke Valley governments, at
403
a total budget of approximately $800,000.00, with the balance beyond government
support being derived from the private sector. He stated that the role of the
Economic Development Partnership is to attract businesses to the area, as well as
to work with existing businesses that are seeking to expand or relocate within the
area. He advised that for the year 2001, the Partnership received 400 inquires
compared with 200 in the year 2000; 22 new prospect files were opened, compared
with 25 in the year 2000; a total of 44 new or returning visits by prospective
businesses; 25 properties were recommended in the City of Roanoke; 11 companies
are currently looking at the Roanoke Valley as a potential site, with a total
investment exceeding $330 million and the potential of 3,000 jobs. He advised that
the City of Roanoke has been recognized for the second year in a row in Expansion
Magazine as one of the top 50 places in the entire United States in which to relocate
or expand a business out of more than 300 metropolitan statistical areas in the
country, based on the friendliness of government toward business, incentive
packages, education, quality of life and other issues. He spoke in support of a
recent venture with the New River Valley Economic Development Alliance which
represents a major step in marketing the greater region.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ELECTIONS-ARMORY/STADIUM-REGISTRAR: A communication from the
General Registrar advising that the Roanoke City Electoral Board obtained pre¥,ious
approval for a temporary change of polling place for the Jefferson #2 Precinct from
the National Guard Armory to the Roanoke City Schools Maintenance Building, for
the November 6, 2001 General Election; and due to continued Priority Alert status
of the National Guard Armory, the Electoral Board is unable to use Jefferson #2
Precinct for the upcoming Democratic Primary election on March 5, 2002, was before
Council.
The Registrar recommended an extension indefinitely or until a permanent
change can be made for the polling place for the Jefferson #2 Precinct from the
National Guard Armory to the Roanoke City Schools Maintenance Building.
Mr. Hudson offered the following emergency ordinance:
(#35739-020402) AN ORDINANCE temporarily changing the polling place for
Jefferson Precinct No. 2 from the National Guard Armory Building on Reserve
Avenue, S. W., to the Roanoke City Schools Maintenance Building, at 250 Reserve
Avenue, S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 412.)
404
Mr. Hudson moved the adoption of Ordinance No. 35739-020402. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WATER RESOURCES: The City Manager introduced Mr. Chip Davis
who presented the "Water Tip of the Week". He suggested that water not be allowed
to run continuously while shaving.
The City Manager submitted a communication advising that Carvins Cove
Reservoir began supplying water to the City of Roanoke on March 21, 1947; the
Reservoir is recharged or filled by rainfall and runoff from the watersheds; typically,
the Reservoir fills up in the spring and gradually drops during the summer and fall
seasons; previous all time lows for the Reservoir were 24.2 feet on
December 15, 1981 and 29.2 feet on September 4, 1999, and the Reservoir was last
full on April 18, 2000; and a Water Conservation Plan was implemented on
June 7, 1999, for the first time in the history of Roanoke City to control and restrict
the use of water, with the majority of restrictions having been removed in
December, 1999.
It was further advised that rainfall for the calendar year 2001 was 33 per cent
below normal; Reservoir water level has steadily dropped to the current level below
20.0 feet from a level of 1.0 foot Iow on June 1, 2001; significant rainfall is required
and necessary between January and June to preclude a critical situation from
developing in the summer and fall of 2002; staff is of the opinion that a water supply
emergency exists and there is a need to implement usage restrictions; and an
average rainfall is predicted for the year 2002, but a significant amount of rain will
be needed to sufficiently increase the supply of water in the Carvins Cove Reservoir.
4O5
It was explained that staff has developed a Water Conservation Plan dated
February 4, 2002, which is designed to extend the useful life of the water supply until
sufficient rainfall occurs to refill the Reservoir; restrictions do not place an undue
hardship on the business community or the public health, however, restrictions
become more aggressive as the water level declines; and the following is a summary
of actions that occur at various stages of the Plan:
Stage 1
Normal operations above 18 feet with no
restrictions.
Stage 2 (18 Feet)
Voluntary restrictions imposed whenever the
level of water in the Reservoir is between 18
feet and 22 feet below the spillway.
Stage 3 (22 Feet)
Partial mandatory restrictions imposed
whenever the level of water in the Reservoir
is between 22 and 26 feet below the spillway.
(Restrict outdoor usage between 10 a.m. and
7 p.m. Suspension of certain irrigation/sewer
exemption program credits.)
Stage 4 (26 Feet)
Mandatory restrictions imposed whenever
the level of water in the Reservoir is between
26 feet and 30 feet below the spillway.
(Suspension of all outdoor water uses with
certain exceptions; begin water purchases;
and imposition of civil penalties. Surcharge
applied to the base water rate for
Domestic/Commercial/and Industrial users.)
Stage 5 (30 Feet)
Forced reduction imposed whenever the level
of water in the Reservoir is 30 feet or more
below the spillway. (Prohibition on use of
water for all non-essential purposes [defined
as not related to health, safety, fire
suppression, other public emergencies, or
water necessary to sustain business
operations] and continuation of surcharge).
The City Manager recommended the following for consideration by Council:
406
City Council find, for the reasons set forth above, that a water supply
emergency exists and there is a need to restrict the use of water in the
City. Furthermore, City Council approve the Water Conservation Plan
dated February 4, 2002
Authorize the City Manager, in accordance with the City of Roanoke
Charter of 1952, Sections 2-(31) and (32), and Virginia Code Section
15.2-924, to impose suitable penalties for the violations of the Water
Conservation Plan of $100.00 for residential users and $500.00 for
institutional/commercial/industrial users. Each day of a violation shall
be considered a separate violation. Penalties assessed will be
immediately payable. Council further authorize the City Manager to
provide that failure to pay the penalty assessed and/or multiple
violations of the Water Conservation Plan may subject the water user
to immediate cut off of water service and service will not be resumed
until all bills, penalties, plus the then current turn on fee are paid.
Authorize the City Manager to take such further action and to provide
for such rules or regulations as may be necessary to administer and/or
implement the Water Conservation Plan.
Authorize the City Manager to employ, temporarily, additional personnel
as may be necessary for patrolling and issuing of citations to water
users in violation of restrictions and allocated conditions set forth in
the Plan. Additionally, authorize the City Manager to authorize the use
of the following employees for patrolling and issuing of citations:
Watershed Security Officers (2); Boat Inspectors (2); Pump and Storage
Operators (2); Utility Workers (2); other Water Department employees
as required.
City Council suspend the irrigation/sewer exemption program provided
for in Section 26-27 of the Code of the City of Roanoke (1979), as
amended, insofar as it applies to City water used for irrigation purposes
or the filling or refilling of swimming pools once Stage 3 of the Plan is
reached. Authorize the Director of Finance to suspend or revoke any
permits, credits, or exemptions issued pursuant to Section 26-27 of the
City Code, with the intent being that sewer charges will now be
imposed on City water used for such purposes should the Reservoir
level reach Stage 3 (22 feet). The purpose of such action is to
encourage reduction in water usage. Also, provide that the Director of
Finance, or his designee, shall attempt to provide notice of such action
to any persons or entities receiving such an exemption, credit, or
407
permit pursuant to Section 26-27 of the City Code, either by publishing
notice in a newspaper of general circulation or by mailing notice to
such persons or entities.
Impose a water surcharge as noted in the Plan should the Reservoir
level reach Stage 4 (26 feet). This surcharge will be $0.12 per HCF and
applied to the base rate for Domestic/Commercial/and Industrial users,
which will have the effect of a charge of $1.33 per HCF from the first
gallon used until all mandatory restrictions are lifted.
Amend the Water Fund FY 200112002 budget and appropriate
$1,000,000.00 from the Water Fund Prior Year Retained Earnings into
Account No. 002-510-2170-2055, Purchased Water, to provide for
emergency water purchases; $30,000.00 into Account
No. 002-510-2170-1003, Overtime Wages, to provide for additional
personnel as may be necessary for patrolling and issuing of citations
to water users in violation of restrictions and conditions set forth in the
Plan and $30,000.00 into Account No. 002-510-2160-2015, Advertising,
to provide for public relations materials, etc.
Authorize the City Manager to lift mandatory water restrictions once the
level of the Reservoir reaches ten feet below the spillway. Provided,
however, once a particular Stage provided for in the Plan is reached
and the provisions and restrictions of that Stage take effect, the City
Manager may maintain the restrictions and provisions of that Stage
until the water level at Carvins Cove Reservoir has improved and
stabilized to a sufficient level above that particular Stage, as may be
determined by the City Manager in her discretion, before that particular
Stage will be determined to be no longer applicable and the restrictions
and provisions of that Stage are lifted.
Mr. Hudson moved that Council concur in the recommendations of the City
Manager. The motion was seconded by Ms. Wyatt and unanimously adopted.
Mr. Carder offered the following emergency budget ordinance:
(#35740-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 413.)
Mr. Carder moved the adoption of Ordinance No. 35740-020402. The motion
was seconded by Mr. Harris and adopted by the following vote:
408
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Ms. Wyatt requested that the City Manager provide a brief history of the events
that led to the closing of the Crystal Spring Pump Station; whereupon, the City
Manager advised that the City was requested in May 2001 to cease operation of the
Crystal Spring facility because recent testing of the water by the Health Department
detected on several occasions the presence of bacteria in the untreated water;
therefore, the Health Department requested the City to take the plant out of operation
and to install a new filtration system which is in progress, with the plant to be
operational by December 2002. She advised that the City continues to have dialogue
with the Health Department to determine if it is possible, through additional
treatment and monitoring means, to bring the Crystal Spring water source back on
line sooner than December because of the current water situation. She explained
that when Carvins Cove Reservoir reaches 26 feet below the spillway, the City will
begin purchasing water from Roanoke County, the water situation is monitored on
a daily basis, and it is not believed to be necessary to purchase water at this time.
The Mayor inquired as to the feasibility of purchasing water from Roanoke
County now when water rates would be at a lower cost and the status of the Spring
Hollow water supply.
There were questions as to whether other jurisdictions in the Roanoke Valley
have surplus water to sell to the City of Roanoke; whereupon, Michael McEvoy,
Director of Utilities, advised that the City of Salem has indicated that it is willing to
sell the City water until approximately June 1,2002, and at that time, if extra capacity
is available, they will continue to sell water to the City; Roanoke County is willing to
sell water to the City, but officials have cautioned that a long term sale of more than
five to six months would be conditional on the Roanoke River recharging itself.
Mr. Carder offered the following emergency ordinance:
(#35741-020402) AN ORDINANCE declaring that a water supply emergency
exists and there is a need for water conservation measures to be taken within the
City of Roanoke; approving the Water Conservation Plan dated February 4, 2002;
authorizing the City Manager to impose suitable penalties for violations of the Water
Conservation Plan; authorizing the City Manager to employ, temporarily, personnel
as water conservation officers, and to authorize those officers as well as certain
other City employees to patrol and issue citations for violations of the Water
Conservation Plan; authorizing the City Manager to take such further action and to
409
provide for such rules and regulations as may be necessary to implement,
administer and enforce the Water Conservation Plan; temporarily suspending the
sewer charge reductions authorized by Section 26-27 of the Code of the City of
Roanoke (1979), as amended, in certain circumstances and authorizing the Director
of Finance to revoke any permits, exemptions, or credits issued pursuant to Section
26-27 of the City Code; imposing a water surcharge as set forth in the Water
Conservation Plan; authorizing the City Manager to maintain the restrictions and
provisions of a particular stage under the Plan until the water level at Carvins Cove
Reservoir has improved and stabilized to a sufficient level above that particular
stage, before lifting the restrictions and provisions of that stage; authorizing the City
Manager to lift mandatory water restrictions once the level of the Carvins Cove
Reservoir reaches ten feet below the spillway; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 414.)
Mr. Carder moved the adoption of Ordinance No. 35741-020402. The motion
was seconded by Mr. Harris.
There was discussion in regard to Section 10 of the above referenced ordinance:
"10. Should the water level at the Carvins Cove Reservoir rise
above the level of ten feet below the spillway the water supply
restrictions may be, but are not required to be, lifted by the City
Manager and the City Manager is authorized to take such actions as
may be necessary to terminate the Water Conservation Plan in an
orderly manner if all such restrictions are lifted."
Further discussion ensued with regard to what is meant by terminating the
Water Conservation Plan and whether the February 4, 2002 plan will be in effect at
some future date if another drought occurs; whereupon, the City Manager advised
that the February 4, 2002 plan addresses the Water Conservation Plan as invoked
under the current drought, and the Plan would remain as an official document of the
City to be invoked in the future if the City were to experience a similar drought
situation.
The City Attorney advised that Council would be required to make
particularized findings each time the Water Conservation Plan is invoked.
In regard to lifting restrictions, there was discussion as to what will happen
as Carvins Cove Resevoir begins to fill up; the Water Conservation Plan is clear
about the triggers that need to be in place as the water level drops, for example, not
to move from Stage 2 to Stage 3 until the reservoir reaches 22 feet below the
410
spillway; however, on the way back up, those same kinds of triggers are not in place,
and the ordinance should state that the restrictions at one stage will stay in effect
until the water level reaches the beginning point of the previous stage.
It was suggested that Council act on the measure as presented by the City
Manager and that concerns/comments expressed by Council Members be referred
to the City Manager to address as a separate issue.
Following further discussion, it was the consensus of Council to act on the
measure as presented, keeping in mind that the concerns and comments expressed
by Council Members would be referred to the City Manager to address as a separate
issue.
Ordinance No. 35741-020402 was adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
AFFIRMATIVE ACTION-CITY EMPLOYEES: The City Manager submitted a
communication advising that the City of Roanoke continues to make strides toward
becoming an employer that reflects the diverse customer base it serves; during the
past year, the City focused on two initiatives;i.e.: increasing the diversity of its
workforce and developing the knowledge and skill base related to understanding
and managing diversity; achievement of these objectives over the long term will help
achieve business and strategic goals established by City Council; and
accomplishments related to increasing workforce diversity focused on implementing
a broad based, yet focused recruitment and selection program.
It was further advised that two years ago, there were four
departments/divisions under the direction of the City Manager that did not employ
any persons of color; currently, three of the four operations employ minorities; the
City has also hired or promoted persons of color into a number of key professional
and management positions, including Assistant City Manager, Neighborhood
Partnership Coordinator, Human Resources Administrator, Planning/Support
Services Supervisor, Budget and Management Analyst, Training Specialist,
Economic Development Specialist, Compensation and Benefits Analyst and Human
Resources Recruiter; appointment to these key positions is a clear indication of the
City's commitment to diversity, yet there is more work to be done; and ultimately,
411
successful implementation of Roanoke's diversity program will be based on
increasing "diversity capacity", which involves much more than hiring more women
and people of color, but it is about treating employees and citizens with respect and
understanding and embracing differences, talents and perspectives that are unique.
It was explained that employment data for 2001 shows that 57 of the 247 new
hires (23.4 per cent) and 21 of the 82 promoted (25.6 per cent) were people of color;
while this data is not substantially different from last year, 23 per cent and 33 per
cent respectively, it is important to note that of the 56 minority new hires during
2001, 14 were in the officials and professionals categories, while last year, only
seven were in these categories; minority promotions in these same categories went
from four to seven during this time frame; and of particular note is the impact of
public safety new hires and promotions, and inasmuch as sworn Police, Sheriff and
Fire/EMS employees represent almost 28 per cent of the City's workforce and based
on the ongoing difficulty the City has in recruiting and hiring people of color and
women in these positions, the City's task of increasing overall workforce diversity
will remain difficult.
It was noted that in May 2001, the Department of Human Resources, in
partnership with the Roanoke Branch of the NAACP, held a Job Fair at the Roanoke
Civic Center Auditorium, with more than 75 registrants and ultimately five persons
were hired into full-time positions and three were hired in temporary slots; which
effort has paid dividends toward increasing workforce diversity; and the NAACP and
City staff are working to understand important workplace issues of concern to both
organizations in an effort to develop more trust that will ultimately lead to improved
community relations.
It was explained that the Department of Human Resources also operated a
booth at the Henry Street Festival alongside the NAACP; by aligning the City
organization with others that are interested in workplace diversity, such as the
NAACP, the City intends to show the community that it is committed to this
important issue; working with the new Human Resources Recruiter, the NAACP and
others, more minority applicants were sought out who may not have previously
considered employment with the City of Roanoke; from June through December, the
City's recruiter met with over 100 people and six were hired; another major effort
undertaken during 2001 is implementation of the Employee Development Program,
and by utilizing these resource tools, employees are able to manage their
professional development and prepare for future job opportunities; and currently,
56 employees participate in the program, 63 per cent of which are female and 27 per
cent are people of color.
412
It was further explained that staff members from Fire/EMS, Police, Sheriff's
Office, and Human Resources continue to recruit candidates of color and women at
military installations and historically black colleges and universities; on-site tests
are conducted, when possible, and overnight accommodations are provided to
military candidates who come to Roanoke to test; the City of Roanoke continues to
co-sponsor This Valley Works Job Fair held every spring at the Roanoke Civic
Center, which attracted more than 3,500 job applicants last year; the City's
internship continues to attract high-caliber rising college seniors, and 12 students
were placed in jobs throughout the City during 2001, seven of which were people of
color; and recruitment initiatives will continue to emphasize building relations with
local groups interested in workforce diversity.
It was advised that commitment is the foundation needed to build and
maintain a high-quality, diverse workforce; during 2002, the City will take a number
of actions intended to keep its commitment at the forefront and begin to move the
City organization to a higher level of diversity competence; from a leadership
perspective, the City intends to build diversity capacity through training its
managers to understand that an inclusive work environment is one of the best ways
to get a better return on the investment in human capital, and, therefore, an increase
in worker productivity; the City will also initiate a new training program aimed at
improving the ability of its workforce to serve a diverse community; and the time has
come to appoint a standing Leadership Diversity Advisory Group, the purpose of
which will be to:
Work with the Leadership Team to reconfirm the organizational
leadership philosophy and adopt additional wording for a diversity
statement within the philosophy;
Understand individual organization impediments to diversity;
Advise Training staff, Human Resources and the City Manager
concerning diversity programs and policies;
- Assist departments with developing diversity goals; and
Support other leaders' progress and champion diversity efforts.
It was further advised that the group will provide the City with a new
perspective on diversity which will help the City to become the organization it
aspires to be; in order to improve the City's ability to recruit more minorities,
particularly those interested in professional and public safety positions, Human
Resources is working with a company that will determine the appropriate media and
413
online advertising that could be used to attract more diverse candidates; and this
strategy will include methods that are designed to interact with passive and active
job seekers and will include the design and production of a recruitment ad
campaign.
In conclusion, the City Manager stated that she is pleased with many of the
actions the City has taken to increase diversity within the organization, yet there is
much to be done; the focus on building "diversity capacity" and the establishment
of the Leadership Diversity Advisory Group will serve to challenge all persons in the
City organization to reach a higher level of understanding; comfort zones and
everyday relationships may be impacted by the collective results; new strategies
must be developed to increase the diversity of the City's workforce, otherwise, the
City's credibility as an organization that espouses diversity will be challenged; and
the work is important because it affects the very heart of who we are as individuals
and,as an organization.
Brenda Hale, President, Roanoke Chapter, NAACP, expressed appreciati~'..q for
the City's positive initiatives in regard to implementing long over due changes
leading to a more diverse City work force, and for the opportunity to work in
collaboration with the City of Roanoke. She spoke to the success of the first Job
Fair in May 2000 in which 74 applications were submitted and eight persons were
hired. She advised that the National Conference of Community and Justice,
Roanoke Chapter, has offered its assistance to help the City work force reflect the
diversity of the 70 nations that are currently represented in the Roanoke community.
She commended the 2001 Affirmative Action report which shows an increase in
minority hires in upper management and professional services; and the City's rating
has improved from failing to a C+, except in the area of public safety and protective
services, which areas are grossly under represented in regard to minorities. She
advised that of concern is the issue of promotions and opportunities for minorities
to be a part of the new educational initiative offered by the City and the NAACP will
continue to track enrollment numbers.
Matthew Duffy, representing the Refugee and Immigration Service Office,
which is affiliated with the Catholic Diocese of Richmond, advised that they are a full
service office, with a school liaison officer who coordinates a peer tutoring program
emphasizing friendship development and exchange of cultural views, while working
closely with the City of Roanoke in providing English as a second language in the
school system; and more than 17 different nationalities have received assistance.
He stated that the office provides interpreters for the court system and cultural
sensitivity classes for the Police Department and the Department of Social Services.
He advised that the mission of the Refugee and Immigration Service Office is to help
the individual to become self-sufficient within two years and to apply for American
citizenship within five years.
414
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., complimented the City on
making some improvements in regard to employment of African-Americans;
however, she referred to the City Manager's communication in which she refers to
"minorities" and "persons of color" and inquired if there is a difference between the
two categories. She inquired if any of the positions were new hires, upward mobility
or transfers within departments where some persons might have had less
responsibility, pay or status. In regard to the Diversity and Awareness Acceptance
Program, she spoke to the importance of the advisory group placing emphasis on
common courtesies as persons come into the work place, i.e.: a pleasant good
morning or good afternoon, or may I get you a cup of coffee. In regard to the
Employee Development Program, she inquired as to what plans are in place to
ensure that there is upward mobility once an employee enrolls in the program, and
--will there be follow up to ensure that goals are met. In reference to the Job Fair that
was held in May 2000, one of the results of which was the hiring of seven persons,
she inquired if any of these individuals were "minorities" or "people of color". She
encouraged that the City of Roanoke do all that it can to become a fair and equitable
employer.
Mr. Terry McGhee, 4002 Virginia Avenue, N. W., advised that affirmation action
and diversity should also reach out to the youth of the area, which prejudice seems
to exist not only in the Roanoke area, but throughout the United States. He stated
that because transportation is not available, there is no diversity in the job market;
and entertainment offered at the Roanoke Civic Center is not diverse because most
of the events are geared toward the preferences of the majority community, as
opposed to the African-American segment of the City's population.
· Ms. Wyatt inquired if City representatives have visited junior colleges and
technical schools within a 100 - 200 mile radius of Roanoke. She called attention to
economically depressed areas in southern West Virginia, eastern Tennessee,
eastern Kentucky, and further southwest Virginia where citizens are seeking
employment as a result of industry closings, and the Danville, Martinsville, and
South Boston area where the textile industry has moved out. She encouraged the
City Manager to explore those areas whose citizens have diverse expertise.
Mr. White spoke to the advantage of improving small business participation
in regard to the purchase of City goods and contractual projects. He concurred in
the remarks of Mr. Terry that entertainment events for the minority population are
somewhat lacking at the Roanoke Civic Center. Overall, he stated that the City has
made great strides in its affirmative action efforts, but there are certain areas in need
of improvement.
415
Without objection by Council, the Mayor advised that the communication
would be received and filed.
CONSULTANTS' REPORT-ROANOKE CiViC CENTER: The City Manager
submitted a communication advising that Council appropriated funds, in the amount
of $850,000.00, for the design process for the Roanoke Civic Center Expansion and
Renovation Project-Phase II, at its meeting on November 19, 2001; following public
advertisement of the Request for Proposals, the City received one qualification
proposal from Rosser International, Inc., which was previously awarded the design
contract for the Roanoke Civic Center Expansion and Renovation Project-Phase I
imprOvements associated with the $3 million Arena Ventures package; and
inasmuch as only one proposal was received for the project, and City staff is of the
opinion that the firm is well qualified, Rosser International, Inc., was selected to
provide the required design services for the proposed Roanoke Civic Center
Expansion and Renovation Project - Phase II improvements.
It was further advised that in addition to the normal architectural and
engineering design services, services will include interior design, food service,
acoustics, graphics and landscape design, but do not include assistance during the
bid phase or construction phase; City staff has negotiated an acceptable agreement
for the proposed work with Rosser International, Inc., for a lump sum fee of
$825,000.00; funding for the agreement is available in Civic Center
Expansion/Renovation Phase II, Account No. 005-550-8616; funding in the total
amount of $850,000.00 is needed for the project, and additional funding in excess of
the contract amount is needed to support advertising expenses, testing and other
unforeseen project expenses.
The City Manager recommended that Council authorize execution of a cor, fract
with Rosser International, Inc., in the amount of $825,000.00.
Mr. Harris offered the following resolution:
(#35742-020402) A RESOLUTION authorizing a contract with Rosser
International, Inc., for architectural and engineering services for the Roanoke Civic
Center Expansion and Renovation Project - Phase II improvements.
(For full text of Resolution, see Resolution Book No. 65, page 417.)
Mr. Harris moved the adoption of Resolution No. 35742-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
416
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, and
Bestpitch ............................................................................................ -6.
NAYS: Mayor Smith ..............
BUILDING DEPARTMENT-BUDGET.PUBLIC WORKS-MUNICIPAL BUILDING:
The City Manager submitted a communication advising that there is a need to more
carefully evaluate the overall layout for the Public Works Service Center and the
surrounding site given the impending relocation of 22 landscape maintenance staff
and related equipment from the Parks and Recreation Department, the closing of the
Materials Handling Warehouse, the possibility of incorporating the City School's bus
maintenance facility, and the need to examine the utilization of land in relation to the
proposed stadium-amphitheater complex; with the vacating of the City's Human
Services (Social Services) Department from Municipal North in late 2002 or early
2003, there is a need to update the "Long-Range Facilities Master Plan" and revise
the conceptual floor plans and cost estimates to re-allocate space within both
Municipal North and Municipal South to accommodate the growth of departments
remaining in these buildings, as well as other offices housed in space outside the
municipal complex; and Council has already given its approval to move forward with
each of these studies.
It was further advised that there is also a need to update the master plan
relative to the Courthouse Building; information gained from that portion of the
study is essential in accurately identifying the budget needs for this future Capital
Improvements project; following public advertisement for bids, HSMM, Inc., has been
deemed the best qualified to provide the planning services required for the study;
City staff has negotiated an acceptable agreement for the work with HSMM, Inc., for
a lump sum fee of $149,220.00; and funding for the agreement is available in the
following accounts:
Account
Name Number Amount
Public Works Service Center 008-530-9776-9003 $50,000.00
Study of Municipal North and South
Office Use
008-530-9777-9003
$50,000.00
Capital Improvement Reserve
008~52~575-9173
$50,000.00
It was noted that funding, in the total amount of $155,000.00, is needed to
perform the study; and additional funding in excess of the contract amount is
needed to support advertising expenses, limited testing, reproduction, and other
unforeseen project expenses.
417
The City Manager recommended that Council authorize execution of a contract
for Consultant Services for the above described work with Hayes, Seay, Mattern &
Mattern, Inc., in the amount of $149,220.00; and transfer $155,000.00 from the
following accounts: $50,000.00 from Public Works Service Center, Account No.
008-530-9776-9003, $50,000.00 from Study of Municipal North and Municipal South
Office Use, Account No. 008-530-9777-9003, and $55,000.00 from Capital
Improvements Reserve, Account No. 008-052-9575-9173, to a new capital account
entitled, "Master Plan for PWSC, Municipal Complex and Courthouse Building."
Mr. Harris offered the following emergency budget ordinance:
(#35743-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 418.)
Mr. Harris moved the adoption of Ordinance No. 35743-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ 0.
Mr. Harris offered the following resolution:
(#35744-020402) A RESOLUTION authorizing a contract with Hayes, Seay,
Mattern & Mattern, Inc., for programming and space planning services for the design
and development of conceptual building and site plans and related work for the
City's Public Works Service Center, to update the City's 1996 "Long-Range Facility
Master Plan", and develop related conceptual floor plans for the City's Municipal
North and Municipal South office buildings, and the Courthouse building.
(For full text of Resolution, see Resolution Book No. 65 page 419.)
Mr. Harris moved the adoption of Resolution No. 35744-020402. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
418
CITY SHERIFF: The City Manager submitted a communication in connection
with uniforms for employees in the Sheriff's department; whereupon, she
recommended that Council authorize issuance of a purchase order(s) to Kay Uniform
Co., Inc., for the purchase of Roanoke Sheriff's Office employee uniforms, for a term
period of one year, with the option to renew for four additional one year periods, with
pricing to remain the same for all five years, and that all other bids received by the
City be rejected.
Mr. Bestpitch offered the following resolution:
(#35745-020402) A RESOLUTION accepting the bid of Kay Uniform Company,
Inc., for the purchase of Roanoke City Sheriff's Office employee uniforms; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 65 page 420.)
Mr. Bestpitch moved the adoption of Resolution No. 35745-020402. The
motion was seconded by Mr. Hudson.
Mr. White suggested that a consolidated bid for all City uniforms would invoke
more participation and better pricing and asked that the matter be explored when
addressing future needs.
Resolution No. 35745-020402 was adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-FIRST
UNION NATIONAL BANK: The City Manager submitted a communication advising
that the City of Roanoke, First Union and the Fifth District Employment and Training
Consortium (FDETC) agreed, if First Union would maintain 420 jobs in Enterprise
Zone One, training funds would be available; the agreement states that First Union
is responsible for repaying $400.00 for each position below 420; an October 2001
compliance review noted only 309 First Union employees are now located in
Enterprise Zone One, therefore, the City of Roanoke received a check from First
Union in the amount of $44,400.00, representing repayment for 111 positions; the
funds need to be appropriated into a City budget account; and the penalty repayment
provides an opportunity to further maintain and stimulate economic activity within
Enterprise Zone One.
419
It was further advised that Carilion Health System (CHS), in an agreement
dated September 1, 1998, agreed to move or create at least 310 jobs in Enterprise
Zone One; the City of Roanoke agreed to make available, through the Fifth District
Employment and Training Consortium, jobs training grants in the amount of
$1,000.00 per employee, not to exceed $500,000.00; CHS has experienced more
growth than it anticipated and has requested more training funds than initially set
aside; and total request for training funds is $335,678.32, while the City set aside
$310,000.00 for CHS training funds.
The City Manager recommended that Council appropriate $25,678.32 from
First Union repayment funds into CHS Training Grant Account No. 008-002-9699,
with the remaining $18,721.68 to be deposited in Account No. 008-052-9630-2044; the
Enterprise Zone Training Incentive Fund will further the goals of the Enterprise Zone
Program; and establish a revenue estimate of $44,400.00 in "First Union Job Grant
Repayment" revenue account.
Mr. White offered the following emergency budget ordinance:
(#35746-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing fo,' an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 421.)
Mr. White moved the adoption of Ordinance No. 35746-020402. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT-BUDGET-CITY PROPERTY: The City Manager
submitted a communication advising that in 1986, Congress authorized the transfer
of certain Federally forfeited property to state and local law enforcement age;~c, ies
that participated in the investigation and seizure of the property; application for an
equitable share of property seized by local law enforcement must be made to the
U. S. Department of Justice and certified by the City Attorney; and the property,
including funds shared with state and local agencies, may be used only for the
purpose stated in the application, i.e., narcotics investigations related to law
enforcement.
420
It was further advised that participation in Federally forfeited property
enhances the effectiveness of narcotics investigations by providing necessary
investigations equipment, investigative funds, overtime expenses, and offsets the
costs that would otherwise have to be borne by City taxpayers; the Police
Department receives funds periodically from the Federal Government's Asset
Sharing Program; grant requirements state that the funds must be placed in an
interest bearing account, with interest earned to be used in accordance with
program guidelines; and revenues $58,982.00 have been collected and are available
for appropriation in Grant Fund Account Nos. 035-640-3304-3305 and 035-640-3304-
3306.
The City Manager recommended that Council appropriate $58,982.00 to the
Grant Fund Account for Exp. Equipment (035-640-3304-2035) and increase the Grant
Fund Revenue Estimate for Account No. 035-640-3304-3305 by $58,231.00 and
Account No. 035-640-3304-3306 by $751.00.
Mr. Hudson offered the following emergency budget ordinance:
(#35747-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 Page 422.)
Mr. Hudson moved the adoption of Ordinance No. 35747-020402. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ....................................................................................... -_----7.
NAYS: None ......................................................................................... 0.
BUDGET-FIRE DEPARTMENT-GRANTS-CMERP-EMERGENCY MEDICAL
SERVICES-EQUIPMENT: The City Manager submitted a communication advising that
the Virginia Department of Health, Office of Emergency Medical Services, has a
Rescue Squad Assistance Fund (RSAF) grant program that is administered twice
annually; and Roanoke Fire-EMS applied in September 2001 for the grant in order to
furnish apparatus with eight automatic external defibrillators (AED) and four suction
units, which will equip the apparatus with medical First Response capability, and
bring a reserve ambulance into compliance with new state EMS regulations.
It was further advised that in January 2002, the State Office of Emergency
Medical Services awarded Roanoke Fire-EMS a grant of $14,000.00 for the above
referenced project, requiring a $14,000.00 local match; sufficient matching funds for
421
the grant were appropriated through CMERP in 2001; and action by Council is
needed to formally accept and appropriate the funds and authorize the Director of
Finance to establish revenue estimates and appropriation accounts to purchase
equipment and supplies pursuant to provisions of the grant.
The City Manager recommended that Council authorize acceptance of the
grant and appropriate State grant funds of $14,000.00, with a corresponding revenue
estimate in accounts to be established by the Director of Finance in the Grant Fund;
and transfer the local match of $14,000.00 from Account No. 001-520-3521-9132 to
the same Grant Fund account.
Mr. Harris offered the following emergency budget ordinance:
(#35748.020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 423.)
Mr. Harris moved the adoption of Ordinance No. 35748-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
Mr. Harris offered the following resolution:
(#35749-020402) A RESOLUTION authorizing the acceptance of the Rescue
Squad Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virqinia
Department of Health, Office of Emergency Medical Services, 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. 65, page 425.)
Mr. Harris moved the adoption of Resolution No. 35749-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
422
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that pursuant
to Chapter 9, Education., Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the three-year terms
of office of Charles W. Day and Brian J. Wishneff will expire on June 30, 2002;
Mr. Day is ineligible to serve another term inasmuch as he has served three
consecutive three year terms of office; and pursuant to Section 9-16 of the Code of
the City of Roanoke (1979), as amended, on or before February 15 of each year,
Council shall announce its intention to elect Trustees of the Roanoke City School
Board for terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2) advertisement
of such intention in a newspaper of general circulation in the City twice a week for
two consecutive weeks.
It was further advised that Section 9-17 of the City Code provides that
applications must be filed in the City Clerk's Office by March 10 of each year; since
March 10, 2002, falls on Sunday, and City offices will be closed, the deadline for
receipt of applications will be Friday, March 8 at 5:00 p.m; 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 Trustees will also be available.
Without objection by Council, the Mayor advised that the report would be
received and filed.
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
December, 2001.
There being no questions, and without objection by Council, the Mayor
advised that the financial report would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
423
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
WATER RESOURCES: Council Member Wyatt requested that the City Manager
explore the feasability of requesting area hotels and restaurants to voluntarily
conserve water; i.e.: through laundry practices and serving water with meals upon
request only.
FIRST CITIES COALITION: Vice-Mayor Carder presented an update on the First
Cities Coalition meeting which was held on January 31, 2002, as a part of Virginia
Municipal League Legislative Day. He advised that the First Cities Coalition is
composed of a group of 13 cities that lobby the General Assembly with regard to
inequities that cities suffer in terms of road funding, Standards of Quality, etc. He
noted that the following initiatives were adopted on January 31: (1) to hold a First
Cities caucus in which all 13 cities, elected officials and legislators would discuss
pertinent issues; (2) to review tax restructuring ( Virginia is the 44th lowest tax state
in the United States and tenth in income per capita); (3) an informational/publicity
campaign intended to bring to the forefront the challenges of urban cities; and (4)
to review litigation to determine if the First Cities Coalition can file suit against the
Commonwealth of Virginia for its under funding of the Standards of Quality. He
stated that the First Cities Coalition will meet during each quarter and staff for the
member localities have been requested to address the above referenced issues.
CITY CHARTER-LEGISLATION-ROANOKE CIVIC CENTER-TAXES: Vice-Mayor
Carder addressed the issue of the defeat of the City's admissions tax bill and the
City Charter Bill on January 31, 2002, on the floor of the House of Representatives
at the Virginia General Assembly. He stated that the purpose of the admissions tax
bill was not to tax the entire City, but to fund Roanoke Civic Center improvements,
totalling $15 million, without taxing all entertainment venues in the City. He
explained that this specific funding mechanism and the $15 million of improvements
to the Roanoke Civic Center was supported by the Roanoke Regional Chamber of
Commerce, Downtown Roanoke, Inc., Roanoke Civic Center Commission, City staff
and by unanimous vote of Roanoke City Council. He advised that a legislative
representative from the City of Salem, leading the charge to kill a Roanoke City
Charter Bill, lends a slap to regional support; the statement was made that Roanoke
City needed to get its house together regarding that which was brought forward,
whereupon, Vice-Mayor Carder inquired as to how much more the City could have
done since 2700 businesses through the Roanoke Valley Chamber of Commerce,
Downtown Roanoke, Inc., the Roanoke Civic Center Commission, City staff, and City
Council unanimously voted in favor of the admissions tax bill.
424
In the future and inasmuch as local government is the closet to the citizens
in terms of providing services, Vice-Mayor Carder requested that Members of
Council leave politics out of such issues while keeping in mind the best interest of
all citizens. He advised that if Council allows politics to enter into its decision-
making process, it will be stepping back into the "stone age" in representing the City
of Roanoke, the Roanoke Valley and the region.
Council Member Bestpitch advised that he, too, felt compelled to comment on
the events regarding the City Charter Bill that Council requested its representatives
to the General Assembly to introduce on behalf of the City of Roanoke. He stated
that he was most deeply concerned by the statements of the Mayor and his allies in
his campaign to defeat the legislation since several statements appeared to be
designed to deliberately mislead the public. In regard to the admissions tax bill, he
advised that the bill was not an effort to get the General Assembly to say that it was
raising taxes, and Council was not asking the General Assembly for authority to
raise the admissions tax, because City Council already has that authority. He
explained that the legislation was requested so that Council might have the authority
to set the admissions tax for City owned facilities at a higher rate than the tax for
those facilities that are operated by private enterprise, and two separate tax rates
would have ensured that the users of the civic center and the stadium/amphitheater
would provide the additional tax revenues needed to pay for the facilities. Since the
City has committed itself to improvements at the Roanoke Civic Center and
construction of a new stadium/amphitheater, he stated that the City has no choice
but to raise the admissions tax across the board, including the tax on private
business.
Secondly, Mr. Bestpitch advised that misstatements were made in regard to
legislation to amend the City Charter; whereupon, he explained that the bill would
have had no effect on the way the Vice-Mayor is selected, or the number of School
Board members, the bill does not increase the City's bureaucracy, but seeks to
update and remove redundant provisions in an effort to bring the City's practices in
line with common procedures used by the state and other localities. He called
attention to the amount of staff time involved to research issues and to draft
legislation for the proposed City Charter amendments. He advised that the two party
system is an integral part of democracy, each party helps to strengthen the other by
debating opposing viewpoints and by challenging public officials to keep faith with
the voters. He stated that Council agrees about much more than it disagrees; his
opinion may not always be supported by a majority of Council; he will sometimes
be on the losing side whether it be on historic preservation, rezoning requests, or
other issues; sometimes he will want to extend debate on a motion and one of his
colleagues will call for the question to end debate; and, accordingly, there may be
instances when the Mayor will lose on a request to continue debate on an agenda
item and a member of Council will call for the question on the Mayor. He stated that
425
in the past he has not hesitated to express his differences of opinion with the Mayor
and will continue to do so, but he has also supported the Mayor's position when he
agrees with his viewpoint and will continue to do so in the future. He advised that
he will not allow party politics to interfere with the best interest of the City where his
votes are concerned and it is hoped that the Mayorwill pledge the same commitment
to Roanoke's citizens.
In regard to raising funds for civic center improvements, Mr. White requested
that the record reflect that there are services/projects that could be reconsidered
and/or re-engineered leading to greater efficiency in City government, and this may
be an appropriate time for the City Manager and City staff to review the overall
operation of the City leading up to fiscal year 2002-03 budget study. He stated that
he has served on City Council for a number of years, and there have been
disagreements, which have not always been across party lines because people
think, react and approach situations differently. He advised that the events that took
place during VML Legislative Day on January 31, 2002, in Richmond reflect how
individuals react and solve problems in different ways.
Council Member Hudson advised that it is said that local government is the
closest to the people and no one feels more strongly than he about communicating
with Roanoke's citizens. He stated that much of the problem rests in the fact that
the bond issue regarding civic center improvements did not go to referendum for a
vote by the citizens, therefore, the City lost the trust of many of its taxpayers, and
Council has demonstrated to the citizens that it does not trust each other. He
advised that he is a firm believer in asking the people who pay the bills for their input
on spending taxpayer dollars.
With regard to the civic center admissions tax bill, the Mayor advised that
different viewpoints can be taken as to whether the action would save taxes or raise
taxes. He stated that he had no conversation with any person regarding the issue
of the civic center admissions tax, although he does not support the increase
because there are other ways to accomplish the needed improvements. He advised
that. in the 1960's when the same City Charter was in effect, it allowed the City to
construct the civic center without increasing taxes and it is a source of concern that
the same cannot be done today. He called attention to other ways to raise funds
such as an increase in event ticket prices, or a tax on the promoter of an event.
With regard to City Charter amendments, the Mayor advised that he engaged
in conversation with legislators. He stated that he, too, was concerned about the
amount of time that was spent by City staff on the City's Charter amendments, but
he is also aware that the same City Charter amendments were prepared and
submitted to the General Assembly last year and defeated, therefore, no additional
work was required by City staff for the City Charter amendments that were submitted
426
to the 2002 Session of the General Assembly. Because of his experience from last
year, he advised that there were certain items that were objectionable in the City
Charter bill; he had received a report that certain items were added or deleted
through the committee, and there was no way to track all of the steps that the bill
had followed, therefore, the City Charter bill was probably defeated due to
experiences from last year rather than experiences this year. He stated that it
demonstrates that the City of Roanoke and the Roanoke Valley went to Richmond
and their voices were heard, however, the problem was that all parties did not go in
harmony; regardless of any items that may be included on a "wish list" from the
General Assembly, it takes the cooperation of two parties to bring about success;
and if Council had gone to Richmond in unanimous agreement, their differences
might have been resolved to the satisfaction of everyone, therefore, the City missed
an opportunity to work together for the benefit of the entire Roanoke Valley. He
added that he looks forward to another year of working with Council to voice the
City's views in harmony to legislators and to demonstrate that the City of Roanoke
is heard in a positive way.
CITY MANAGER COMMENTS: None.
The Mayor advised that RVTV Channel 3 coverage of the Council meeting
would conclude at this point.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is a time for informal
dialogue between Council and citizens; and matters requiring referral to the City
Manager will be referred, without objection by Council, for response, report and
recommendation to Council.
COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested
clarification on a previous agenda item in which four speakers addressed Council
and they were required to limit their remarks to three minutes each instead of the
five minutes provided by Council's Rules of Procedure. She referred to Item 12,
Hearing of Citizens Upon Public Matters, on the printed agenda and noted that the
agenda does not state that it is a time for informal dialogue between the Members
of City Council and citizens.
427
There being no further business, the Mayor declared the meeting adjourned
at 4:50 p. m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
428
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 19, 2002
The Council of the City of Roanoke met in regular session on Tuesday,
February 19, 2002, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Regular Meetin~js, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William H. Carder, William White, Sr., W. Alvin
Hudson, Jr., William D. Bestpitch, C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ..................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Father Peter E. Papanikolaou, Holy
Trinity Greek Orthodox Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor welcomed the
Youth Chinese Opera. He advised that the troupe recently honored engagements in
Denver and Chicago and will perform on Thursday, February 21, 2002, in Shaftman
Performance Hall at the City's Jefferson Center. He stated that the fact that this
group of young people have chosen to come to Roanoke speaks a great deal about
Roanoke's Sister Cities Program, and expressed appreciation to Pearl Fu, Chair,
Lijang Sister City Committee, for her assistance in bringing the troupe to the City of
Roanoke.
On behalf of the Members of Council, the Mayor presented each member of
the troupe with an Honorary Citizen Certificate and presented Chen, Jung Hsing,
Principal, National Taiwan Junior College of Performing Arts, with a gold star which
is symbolic of the Star on Mill Mountain.
429
PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor presented a
proclamation declaring March 1- 2, 2002, as Habitat for Humanity Days in the City
of Roanoke.
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 communication from the City Manager
requesting a Closed Meeting to discuss a matter of disposition of publicly held real
property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950) as amended.
Ms. Wyatt moved that Consent Agenda Item C-3 with regard to the
qualification of Ralph K. Smith as a Commissioner of the Hotel Roanoke Conference
Center Commission and Dolores Y. Johns as a member of the Blue Ridge Behavioral
Healthcare Board of Directors, be removed from the Consent Agenda for separate
discussion. The motion was seconded by Mr. Bestpitch and adopted.
MINUTES: Minutes of the regular meetings of Council held on Monday,
December 17, 2002; Monday, January 7, 2002; and an extract of the regular meeting
held on Tuesday, January 22, 2002, were before the body.
Ms. Wyatt moved that Council dispense with the reading of the minutes and
that the minutes be approved as recorded. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY MANAGER-CITY COUNCIL: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss a matterwith regard
to acquisition of real property for public purpose, where discussion in open meeting
would adversely affect the bargaining position or negotiating strategy of the City,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before
the body.
430
Ms. Wyatt moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
REGULAR AGENDA
HOTEL ROANOKE CONFERENCE CENTER-BLUE
HEALTHCARE-OATHS OF OFFICE-COMMITTEES: The
qualification were before Council:
RIDGE BEHAVIORAL
following reports of
Ralph K. Smith as a member of the Hotel Roanoke
Conference Center Commission, to fill the unexpired term
of James D. Grisso, resigned, commencing February 1,
2002, and ending April 12, 2004; and
Dolores Y. Johns as a member of the Blue Ridge
Behavioral Healthcare, Board of Directors, for a term
ending December 31, 2004.
Ms. Wyatt moved that the reports of qualification be tabled. The motion was
seconded by Mr. Bestpitch and adopted, Mayor Smith voted no.
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-YOUTH-WEST END CENTER-GRANTS: Kaye Hale, Executive
Director, West End Center for Youth, advised that the West End Center is gratefUl for
the City's past support; however, she addressed revisions to the Community
Development Block Grant (CDBG) policy awards by the City of Roanoke and the
affect on local human service organizations.
431
She stated that competition for and acquisition of funds by local non-profit
organizations are areas of concern; most private community based organizations
such as the West End Center receive only small amounts (five to ten per cent) of
public funds, with little or no State or Federal support; and community-based
organizations have no additional affiliation, therefore, it is difficult to compete for
dollars on the national level, which makes it even more crucial that they at least
maintain the level of municipal support they currently receive.
She stated that currently there are two pools of municipal funding that human
service agencies can apply for; i.e.: CDBG and Consolidated Human Services; from
this point forward, CDBG will fund only seed programs or new programs; a large
amount of funding applied for by the West End Center is seed money, therefore,
where would the West End Center acquire funds to continue those operating
programs that have a proven track record without having to create programs to
chase the funding steam. She further stated that 90 per cent of West End Center
funding comes from private local sources; replacing the $27,000.00 that the West
End Center receives from CDBG funds will be a huge undertaking; and many
organizations have taken steps backward in view of the national crisis and the
downturn in the economy.
Ms. Hale requested that Council consider the possibility of increasing the
amount of dollars substantially through the Consolidated Human Services Grant, or
creating another revenue stream to keep municipal funding at or greater than current
levels for local organizations with a proven track record.
Dr. Cheri W. Hartman, Director of Teen Outreach, Family Service of Roanoke
Valley, advised that child care has recently been prioritized by the City of Roanoke
in its Human Resources Grant application process. She inquired as to how well the
City can fund this priority, not just in relation to other Human Services demands, but
in the context of the General Fund budget; whereupon, she requested that Council
carefully re-evaluate how much of the City's overall budget is available for meeting
the needs of children.
She advised that recently the City took a stand to strictly enforce the seed
money intentions of CDBG funds and the City is trying to be faithful to the intent of
CDBG allocations; however, this approach can undermine ongoing, effective
programs that are currently in place to assist Roanoke's children. She stated that
any time the "wheel is reinvented", or time is allowed for something new *..o be
created, precious resources will be wasted and Roanoke's children will be
sacrificed. She further stated that the City of Roanoke needs an alternate resource
to support ongoing, effective, long lasting children's programs if CDBG funds are
not intended to be a source of support for vitally needed long term efforts that
benefit Roanoke's children.
432
Dr. Hartman pointed out that several after school programs currently depend
on CDBG monies, such as Hurt Park Magic Place and the West End Center. She
inquired as to what will happen when this seed money is withheld from these
various after school programs, and advised that the result will be fewer children will
be served unless an alternative means of funding is provided for families who
cannot afford fees for child care.
Mr. Bestpitch advised that he supports the changes to CDBG policy which
were a positive step in the right direction. However, he noted that both speakers
have identified an important issue that if CDBG funds are dedicated for certain uses,
money should be identified in the General Fund budget to increase the Human
Services budget so that the City can do its part in terms of ongoing operational
support for these types of programs. He encouraged the City Manager, as Council
prepares to meet in fiscal year 2002-03 budget study, to review the amount of
support that has been provided in the past from CDBG funds to such organizations
to determine the dollar amount increase which will be necessary in the Human
Services budget to insure that ongoing support is available to cultural and human
service agencies.
Ms. Wyatt concurred in the remarks of Mr. Bestpitch; whereupon, Council
Members Bestpitch and Wyatt requested that the City Manager provide Council with
the following information at its Financial Planning Session to be held on Friday,
March 8, 2002:
The amount of funds provided by the City through Community
Development Block Grant funds for certain programs that have a
demonstrated history of success; i.e.: the West End Center, the
Presbyterian Center, Hurt Park Magic Place, TOP Program, etc.,
compared with the amount of funds that will be needed to increase the
human services budget to insure ongoing support of such programs.
How much would the admissions tax have to be increased, city-wide,
for all venues, excluding City operated facilities, in order to generate
additional revenues for human and cultural service organizations?
Mr. White advised that three things could happen; i.e.: increase a tax, re-
engineer or reallocate funds, or cut a program. He stated that the appropriate action
would be to refer the questions to fiscal year 2002-03 budget study for discussion;
whereupon, he moved that the matter be referred to fiscal year 2002-03 budget study.
The motion was seconded by Mr. Hudson.
433
Ms. Wyatt requested a point of clarification and advised that she and Mr.
Bestpitch previously requested that the Council be provided with the above
referenced information at its March 8 Financial Planning Session and inquired if Mr.
White would consider including the request in his motion.
Mr. White advised that traditionally, financial planning has encompassed long
term types of financial and capital needs, as opposed to operating issues which are
discussed during budget study sessions. However, he stated that he would not be
opposed to receiving the information requested by Council Members Bestpitch and
Wyatt at the March 8 Financial Planning Session.
The motion was revised to provide that the matter will be referred to the
Council's March 8, 2002 Financial Planning Session and to fiscal year 2002-03
budget study for discussion, and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
ARMORY/STADIUM-ROANOKE CIVIC CENTER-CONSULTANTS REPORTS:
The City Manager submitted a communication advising that at its meeting on
August 6, 2001, Council adopted a resolution authorizing design and construction
of a new stadium/amphitheater to be constructed at a site across from the Roanoke
Civic Center, at a total project cost of $18 million, which will primarily be funded
through the sale of $16.2 million of Series 2002 General Obligation Public
Improvement Bonds; in October 2001, a Request for Proposals to solicit
professional architectural and engineering design services was publicly advertised,
and the City received qualification proposals from seven design teams; and a seven-
member selection committee composed of four Roanoke citizens: (Jim Burks,
Calvin Johnson, Maryellen Goodlatte, and Brian Shepard), a member of the City
School Administration Office (Richard Kelley, Assistant Superintendent' for
Operations) and two City-staff (Jim Evans, Director of Civic Facilities, and Phil
Schirmer, City Engineer) short-listed the following consultants and subconsultants
for interviews:
HKS Inc. (HKS Sport) and SFCS Inc.
Moseley Harris & McClintock and HOK Sport
Rosser, International, Inc./Hayes Seay Mattern & Mattern, Inc.
Spectrum Design and Heery International, Inc.
434
It was further advised that following interviews, Rosser International, Inc., was
selected as best qualified to provide the required services for the proposed project;
and, in addition to all normal architectural/engineering design and construction
phase services, the services will include a traffic planning study of major roads and
intersections in the vicinity of the stadium-amphitheater and the Civic Center,
provision of an operations consultant, acoustical design, food service and graphics
design services for a lump sum fee of $1,250,000.00.
The City Manager recommended that she be authorized to execute a contract
for consultant services with Rosser International, Inc., in the amount of
$1,250,000.00, said contract to be approved as to form by the City Attorney.
Mr. Bestpitch offered the following resolution:
(#35750-021902) A RESOLUTION authorizing a contract with Rosser
International, Inc., for architectural/engineering design and construction phase
services, which will include a traffic planning study of major roads and intersections
in the vicinity of the stadium-amphitheater and Civic Center, provision of an
operations consultant, acoustical design, food service and graphics design services
and related work for the Stadium-Amphitheater Complex Project.
(For full text of Resolution, see Resolution Book No. 65, page 427.)
Mr. Bestpitch moved the adoption of Resolution No. 35750-021902. The
motion was seconded by Mr. Carder.
Mr. Hudson requested that the City Manager identify all consultants that
submitted proposals including fee information; whereupon, the City Manager
explained that the process is not an issue of Iow bid or procurement of goods and
services where the lowest responsible bidder is selected, but a professional
services contract in which the fee is negotiable. Although such information is not
routinely provided to the Council, she advised that it is available and will be
forthcoming.
Vice-Mayor Carder advised that the selection of Rosser International, Inc., was
an open process through a committee that was appointed by the City Manager, and
the committee recommended Rosser International, Inc., as the firm to design
architectural/engineering and construction phase services for the
stadium/amphitheater complex.
435
The City Attorney was requested to respond to the process that was followed
in recommending the selection of Rosser International; whereupon, he advised that
the process, known as competitive negotiation, is required by the Virginia Public
Procurement Act and the City Procurement Ordinance.
He stated that professional services are not put out for bids for a dollar
amount, the idea being that since they are professional services, a request for
proposals is prepared listing qualifications and various criteria for proposers to
submit for evaluation by a committee charged with that responsibility. He explained
that the request for proposals must set out the criteria by which the proposals are
to be evaluated and states that cost is not to be a part of the proposal, cost is not
addressed until respondents are short listed and ranked, and the City is required
to open negotiations with the top ranked proposers and reach a dollar figure for a
contract within the amount of funds previously authorized by the City. He further
stated that only if the parties are unable to work out a contract that is satisfactory
to the governing body through negotiation does the process proceed to the next
ranked proposer which is the usual practice followed by the City.
The Mayor stated that he could not support the motion because it appears that
all City contracts regarding the civic center and stadium/amphitheater project have
been awarded to Rosser International. He added that he was less than impressed
with the presentations Rosser International provided on the various concepts for
Victory Stadium, therefore, he lost confidence in the firm. He advised that he was
not making accusations as to any improprieties, he understands the selection
process and the fact that the City is not required to go to public bid, however, there
is a perception that the same firm always seems to be the best firm, and there is a
perception that the "old boy network" is in place. In the future, he suggested that
when considerable sums of taxpayers' money is to be spent, the City should engage
in a more open process to avoid the perception that the City sends all of its civic
center and stadium/amphitheater business to the same firm.
Mr. Bestpitch advised that all Members of Council had more than 18 months
to be involved in the process, because it was known prior to July 1, 2000, that the
issue of a stadium/amphitheater for the City of Roanoke had been on the docket for
quite some time. He explained that the various proposals presented by Rosser
International to Council in the past in regard to designs for the potential
stadium/amphitheater have been in response to requests by Members of Council
who offered various suggestions, therefore, Rosser International responded with
specific proposals. He stated that to suggest at this point that Roanoke's citizens
would be better served, or that the City's budget would be better served by
engaging the services of a consultant who is not familiar with the background or did
not participate in previous discussions, would be a poor way to conduct City
business.
436
The City Manager clarified that inasmuch as there was concern regarding bias,
the process was more open than has typically been the case and a number of
citizens were invited to participate in the selection process, which out numbered the
number of professional staff on both the City side and the School Board side. She
stated that the School Board participated in the selection process because the
stadium will be a large part of its plans for public education, therefore, the City
administration tried to be as open as possible throughout the process and to involve
community input by persons who are not recipients of presentations on various
models. She explained that when the short list was created of four firms, each of the
four firms was given one hour to make a presentation to the panel that included all
of their ideas regarding the stadium/amphitheater at a defined general site which
enabled the panel to assess their creativity and approach to solving the issue.
Resolution No.35750-021902 was adopted by the following vote:
AYES: Council Members Carder, White, Bestpitch, Harris and Wyatt ............. 5.
NAYS: Council Member Hudson and Mayor Smith ...................................... -2.
TRAFFIC-STREET LIGHTS-BUDGET-SIGNALS AND ALARMS-EQUIPMENT-
STREETS AND ALLEYS: The City Manager submitted a communication advising that
the intersection of Williamson Road and Hildebrand Road was identified in the 1997
bond referendum as a location forwhich traffic signalization would be implemented;
design has been completed and the project has been bid with The Richardson.
Wayland Electrical Corporation submitting the Iow bid, in the amount of $47,844.00,
and 60 consecutive calendar days for construction; funding in the amount of
$52,600.00 is needed for the project and additional funds that exceed the contract
amount will be used for miscellaneous project expenses, including advertising,
prints, test services, minor variations in bid quantities and unforeseen project
expenses.
The City Manager recommended that Council accept the bid of The
Richardson-Wayland Electrical Corporation, in the amount of $47,844.00, with 60
consecutive calendar days of contract time; and authorize the Director of Finance
to transfer $52,600.00 from Public Improvement Bonds - Series 1999, Account No.
008-052-9709-9191, to a new account to be entitled, Signalization of Williamson
Road/Hildebrand Road; and reject all other bids received by the City.
Mr. White offered the following emergency budget ordinance:
437
(#35751-021902) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 428.)
Mr. White moved the adoption of Ordinance No. 35751-021902.
was seconded by Mr. Hudson and adopted by the following vote:
The motion
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ...... - ............................................................................. -0'
Mr. White offered the following ordinance:
(#35752-021902) AN ORDINANCE accepting the bid of The Richardson-
Wayland Electrical Corporation for the signalization of Williamson Road and
Hildebrand Road, 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 dispensing
with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 429.)
Mr. White moved the adoption of Ordinance No. 35752-021902.
was seconded by Mr. Carder and adopted by the following vote:
The motion
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None
BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVlCES-
EQUIPMENT-CMERP: The City Manager submitted a communication advising that
the Capital Maintenance and Equipment Replacement Program (CMERP) has
identified the need to replace one 1500 GPM fire engine with water tower for the Fire-
EMS Department; whereupon, the City Manager recommended that Council
appropriate Retained Earnings, in the amount of $429,767.00, to Account No. 017-
440-2642-9010, and accept the bid of Kovatch Mobile Equipment Corporation, at a
total cost of $429,767.00; and reject all other bids received by the City.
438
Mr. Harris offered the following emergency budget ordinance:
(#35753-021902) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 430.)
Mr. Harris moved the adoption of Ordinance No. 35753-021902. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ........................................................................................ 7.
NAYS: None ............
Mr. Harris offered the following resolution:
(#35754-021902) A RESOLUTION accepting the bid of Kovatch Mobile
Equipment Corporation for the purchase of one new fire 1500 GPM fire engine with
water tower, upon certain terms and conditions; and rejecting all other bids made
for such item.
(For full text of Resolution, see Resolution Book No. 65, page 431.)
Mr. Harris moved the adoption of Resolution No. 35754-021902. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ....................................................................................... 7.
NAYS: None 0.
POLICE DEPARTMENT-DEPARTMENT OF TECHNOLOGY: The City Manager
submitted a communication advising that the City wishes to enter into a contractual
agreement with a provider of Virginia State Certified Incident Based Reporting
software and software services for the following:
A client based Incident Based Reporting system to be run on
Panasonic CF-28 computers in the City's Police Patrol vehicles.
439
Develop or assist in the development of both front and backend
interfaces to the IBR client application.
Assist in the implementation of the system and create utilities
that further the functionality of the system.
It was further advised that although the sealed bid method of procurement
would normally be used, it is not practicable or fiscally advantageous to the public
in procuring the above services; and the experience, qualifications, and references
of firms that can provide the above listed services are of equal, if not greater,
importance than the cost.
It was pointed out that the Code of the City of Roanoke (1979) as amended,
provides, as an alternate method of procurement to using the bid process, a process
identified as "competitive negotiation;" prior approval by Council is necessary
before the alternate method may be used and this method will allow for negotiations
with two or more providers to determine the best qualified at the most competitive
price or rate.
The City Manager recommended that Council authorize the use of competitive
negotiation as the method to secure vendors to provide appropriate services.
Mr. Carder offered the following resolution:
(#35755-021902) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of Virginia State Certified
Incident Based Reporting software and software services; and documenting the
basis for this determination.
(For full text of Resolution, see Resolution Book No. 65, page 432.)
Mr. Carder moved the adoption of Resolution No. 35755-021902. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................... -0'
440
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase the
apprehension, prosecution, and adjudication of persons committing violent crimes
against women; the program, "Virginia Services, Training, Officers, Prosecution"
(VSTOP), Violence Against Women, has funded the establishment of a Domestic
Violence Unit within the Roanoke Police Department since 1999; on December 17,
2001, DCJS awarded the Police Department $27,003.00 to employ a full time, non-
sworn, Domestic Violence Specialist, thereby allowing continuation of the Domestic
Violence Unit in calendar year 2002; the required City in-kind match ($21,915.00) will
be met through salary paid to current Police Department personnel; the required
cash match of $7,116.00 will be met through Federal Asset Forfeiture Funds,
Account No. 035-640-3304 ($5,441.00) and the Police Department Budget, Account
Nos. 001-640-3112-2030 ($1,012.00) and 001-640-3112-2044 ($663.00); the Domestic
Violence Unit collects and interprets relevant domestic violence offense data which
allows proactive case intervention and cultivation of the cooperative working
relationships with clients and service/adjudication agencies; and the program
produces more equitable victim-offender criminal justice dispositions related to
domestic violence offenses.
The City Manager recommended that Council accept the V-STOP grant of
$27,003.00, and authorize execution of grant agreements related to said grant;
appropriate $34,119.00 (State Funds plus local cash match) to V-STOP grant
program accounts to be established by the Director of Finance; and transfer local
match funding of $1,675.00 from Police Department operating accounts to the Grant
Account; establish a revenue estimate of $27,003.00 and a local match estimate of
$7,116.00 in Grant Fund revenue accounts, with the in-kind portion to be tracked
but not appropriated.
Mr. Hudson offered the following emergency budget ordinance:
(#35756-021902) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 433.)
Mr. Hudson moved the adoption of Ordinance No. 35756-021902. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................. -----0.
441
Mr. Carder offered the following resolution:
(#35757-021902) A RESOLUTION accepting the Virginia Services, Training,
Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City
by the Virginia Department of Criminal Justice Services and authorizing execution
of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 65, page 434.)
Mr. Carder moved the adoption of Resolution No. 35757-021902. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS: None ....................................- .............................................. -0'
Ms. Wyatt requested that the City Manager provide a more in-depth report on
the V-STOP Grant.
STREET LIGHTS-AMERICAN ELECTRIC POWER-STREETS AND ALLEYS: The
City Manager submitted a communication advising that the rates that Appalachian
Power Company (sometimes d/bla American Electric Power) ("APCo") charges to the
City of Roanoke for electric service are favorable governmental rates established by
contract; historically, the City of Roanoke has participated with other local
governments through the Virginia Municipal League (VML) and the Virginia
Association of Counties (VACo) in sponsoring a Steering Committee to negotiate
governmental electric power rate contracts every three years; in the past, these
contracts have included all three components of retail electric service; i.e.:
generation, transmission, and distribution; and Roanoke's current electric rate
contract with APCo expires on June 30, 2002, and the street lighting contract expires
on December 31, 2002.
It was further advised that ordinarily, a new local government contract for the
time period after June 30, 2002, would be negotiated and presented to Council for
approval; however, in 1999, the General Assembly adopted the Virginia Electric
Utility Restructuring Act ("Act") which theoretically granted customers a choice as
to the provider of the generation element of their electric service; under the Act, the
other two components of service, transmission and distribution, will continue to be
provided by APCo under the existing rate procedure; due, in part, to a proceeding
in the Federal Energy Regulation Commission resulting from APCo's attempt to
restructure its generating capacity and price computations under the Act, a Steering
442
Committee has negotiated a settlement agreement dated December 18, 2001,
whereby APCo has agreed to provide public authorities with the following three
options: (1) terminate the current contracts on June 30, 2002, (2) extend the
contracts at scheduled rates to December 31, 2003, pursuant to an offer dated
February 12, 2001, or (3) extend the current contracts through June 30, 2007, at rates
contained in APCo's unbundled Standard Rate Schedules, or any successor or
replacement schedules then on file and approved by the Virginia State Corporation
Commission (SCC) and extend street light service at rates in effect July 1, 2000, but
subject to changes in the fuel factor; and provided that Option (3) is conditinned
upon the governmental unit so electing and notifying APCo of its election within 90
days of December 18, 2001, that it has chosen APCo to provide generation service
through June 30, 2007, that it will not choose a different supplier prior to such date,
and it will not request the SCC to determine rates and provisions for default service
different from that provided under its contract, as amended by Option (3). It was
noted that the settlement agreement dated December 18, 2001, is subject to certain
conditions, including approval by the SCC, and in the event these conditions are not
met, the agreement would terminate and expire as of December 31, 2003.
It was advised that currently available information suggests that during the
period of July 1, 2002, through June 30, 2007, there will be no open market
competition for APCo in the City's service area and there will be no other source
practicably available to supply electricity service and delivery thereof and to supply
street lighting service for the entire needs of the City of Roanoke at established rates
for such service as negotiated by the Steering Committee; according to the Steering
Committee, APCo's generation rate structure is one of the lowest in the country; in
a January 10, 2002, memorandum to members of the Steering Committee from
counsel, it was noted that APCo has conducted a pilot program whereby APCo's
retail customers could select an alternative service provider for generation service,
however, no customer switched to an alternative provider during the entire time of
the program; in addition, a January 18, 2002, report by GDS Associates, Inc., a
consultant retained by the Steering Committee to evaluate the reasonableness of
APCo's settlement proposal, concluded that competitive retail market prices
available to public authorities for the generation component of electric service are
likely to be at least 50 per cent higher than the charges for comparable service under
the proposed settlement agreement; and in addition, the Steering Committee has
informed public authorities that market prices for electricity in the next five to seven
years are likely to be extremely volatile which will make budgeting extremely
difficult.
443
It was stated that the Steering Committee has recommended that all
jurisdictions in the APCo service area elect option (3) to extend contracts from
June 30, 2002, through June 30, 2007, including street light contracts, at the rates
and subject to conditions as set forth in the settlement agreement; and in
accordance with terms of the proposed settlement, a governing body electing option
(3) must do so by resolution or ordinance and notify APCo through the Steering
Committee's counsel no later than March 18, 2002.
The City Manager recommended that Council authorize the following:
Determine that APCo is the only source practicably available to provide
the electric rate and street lighting services set forth above;
Accept the offer of APCo to extend its current contract for electric
service on a bundled basis from July 1,2002 through June 30, 2007, as
set forth in the settlement agreement, and as agreed to and
recommended by the Steering Committee, and also to extend the City's
street lighting contract through June 30, 2007;
Agree that in accordance with the conditions in APCo's offer that
Council has chosen APCo to provide generation service through
June 30, 2007, Council will not choose a different supplier prior to
such date, and Council will not request the State Corporation
Commission to determine rates and provisions for default service
different from that provided in the contracts, as amended and extended
as set forth above;
Authorize the City Manager to execute and deliver on behalf of the City
all documents, in a form approved by the City Attorney, and take such
further action as shall be deemed appropriate or necessary to carry out
the foregoing actions;
Direct the City Clerk to notify APCo of the aforesaid election and
agreement by transmitting a copy to counsel for the Committee,
Howard W. Dobbins, 1021 East Cary Street, P. O. Box 1320, Richmond,
Virginia, who is authorized to deliver same to APCo.
Mr. White offered the following resolution:
444
(#35758-021902) A RESOLUTION determining that Appalachian Power
Company (sometimes d/b/a American Electric Power) is the only source practicably
available to provide electric service at established rates to the City and for providing
street lighting service to the City for the period from July 1, 2002, through June 30,
2007, and authorizing an extension of the City's current contracts for such services,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 65, page 436.)
Mr. White moved the adoption of Resolution No. 35758-021902. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................ 7.
NAYS: None. O.
As requested by a Member of Council, the City Manager addressed the matter
of replacement of street lights. She advised that under the existing contract, AEP
clearly has responsibility for street light maintenance, which it views as a cou:.ract
issue, therefore, AEP has been diligent in keeping the City informed as to progress.
CITY CLERK:
COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising
that on June 30, 2002, the three-year terms of office of Charles W. Day and Brian J.
Wishneff as Trustees of the Roanoke City School Board will expire; Mr. Day is
ineligible to serve another term inasmuch as he has served three consecutive three-
year terms of office; and pursuant to Chapter 9, Education, of the Code of the City
of Roanoke (1979), as amended, establishing a procedure for the election of School
Trustees, Council must hold certain meetings and take certain actions during the
months of March, April and May to conform with the selection process; therefore,
she requested the concurrence of Council in establishing the following dates:
On Monday, March 18 at 2:00 p.m., or as soon thereafter as the matter
may be heard, Council as a Committee of the Whole, will review and
consider all candidates for the position of School Trustee. At such
meeting, Council shall review all applications filed for the position and
Council may elect to interview candidates for such positions.
445
On Monday, April 1 at 2:00 p.m., or as soon thereafter as the matter may
be heard, Council will, by public vote, select from the field of
candidates, those candidates to be accorded the formal interview and
all other candidates will be eliminated from the School Trustee
selection process. The number of candidates to be granted the
interview shall not exceed three times the number of positions available
on the Roanoke City School Board, should there be so many
candidates.
On Monday, April 15 at 7:00 p.m., or as soon thereafter as the matter
may be heard, Council will hold a public hearing to receive the views of
citizens.
On Thursday, April 18 at 4:30 p.m., Council will hold a meeting for the
purpose of conducting a public interview of candidates for the position
of School Trustee.
On Monday, May 6 at 2:00 p.m., or as soon thereafter as the matter may
be heard, Council will hold an election to fill the two vacancies for
terms commencing July 1, 2002, and ending June 30, 2005.
Mr. Carder moved that Council concur in the above referenced dates. The
motion was seconded by Mr. Bestpitch and unanimously adopted.
DIRECTOR OF FINANCE:
BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted
a written report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a large segment of the City's
Community Development Block Grant program; the Housing Authority receives
program income during the course of its administration of various projects through
the sale of land and the receipt of loan repayments from project area residents; the
Housing Authority is required to transfer program income to the City of Roanoke
and the City is required to use the income for eligible community development
activities; the Housing Authority has made payments to the City in the amount of
$83,830.00 from May 16, 2001, to January 31, 2002, in excess of revenue estimates
previously adopted; and of this amount, $29,600.00 resulted from parking lot rental
and $54,230.00 from various loan repayment programs.
446
It was further advised that the City of Roanoke has received the following
miscellaneous program income, which amounts represent the difference between
what was actually received and the amount that was previously adopted, based on
.repayment estimates:
$44,620.00 from Hotel Roanoke, L.L.C. for loan repayment and interest
on the $6,000,000.00 Section 108 loan from the U. S. Department of
Housing and Urban Development. During FY02, Hotel Roanoke made
payment totaling $65,320.00;
$1,022.00 in various loan repayments and $5,646.00 in demolition
revenue; and
$70,008.00 from the Williamson Road Parking Garage, which was constructed
in part using CDBG funds.
The Director of Finance recommended that Council appropriate $206,116.00
in unanticipated CDBG program income as follows:
Unprogrammed CDBG - Other - FY01
Unprogrammed CDBG - RRHA - FY01
Unprogrammed CDBG - Section 108
Loan Repayment - FY02
Unprogrammed CDBG - Other - FY02
Unprogrammed CDBG - RRHA - FY02
(035-G01-0140-5189)
(035-G01-0140-5197)
(035-G02-0240-5188)
(035-G02-0240-5189)
(035-G02-0240-5197)
$ 6,668.00
7,265.00
44,620.00
70,998.00
76,565.00
The Director of Finance noted that the Housing Authority also administers a
segment of the City's HOME program, with assistance provided by the Housing
Authority predominantly in the form of Iow- or no-interest active and deferred loans
to eligible homeowners and homebuyers; loan repayments constitute program
income to the City's HOME program; and as of January 31, 2002, loan repayments
received in excess of the budget estimate equal $21,535.00.
The Director of Finance recommended that Council appropriate $21,535.00 in
unanticipated HOME program income as follows:
Unprogrammed HOME - FY02
Unprogrammed HOME - FY02
(035-090 -5324-5320)
(035-090-5323-5320)
$19,634.00
1,901.00
Mr. Harris offered the following emergency budget ordinance:
447
(#35759-021902) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 439.)
Mr. Harris moved the adoption of Ordinance No. 35759-021902. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None ...................................................................................... -0.
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the body.
$210,695.00 from the Capital Maintenance and Equipment Replacement
Fund to provide funds for music instrument replacement,
administrative technology equipment, replacement of school buses,
facility maintenance equipment, the relocation of modular
units,physical education equipment, and handicap access.
$1,500.00 for the Special Education Assistive Technology program to
provide funds for the purchase of equipment and software to assist
students with disabilities. This continuing program will be reimbursed
100 per cent by Federal funds.
$20,188.00 for the Special Education Capacity Building (Sliver) program
to provide funds to assist the division in providing direct services and
in making systemic change to improve results for children with
disabilities. This continuing program will be reimbursed 100 per cent
by Federal funds.
$2,608.00 for the Jobs for Virginia Graduates program to serve at least
25 economically disadvantaged students, providing classroom training
and work experience to assist the students to prepare for high school
graduation or to sit for the General Education Development (GED)
examination. This continuing program is funded from Federal funds.
448
$7,500.00 for the Expanded GED Testing Services program to establish
a satellite GED test center at the Virginia Employment Commission and
expand the testing services in the Roanoke City testing area. This
continuing program will be reimbursed 100 per cent by State funds.
$1,274.00 for the Advanced Placement (AP) Test program to reimburse
part or all of the cost of fees for the 2002 AP test for Iow-income
students who take the test. This is a new State funded grant.
The Director of Finance recommended that Council concur in the request of
the School Board.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35760-021902) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and School Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 442.)
Mr. Bestpitch moved the adoption of Ordinance No. 35760-021902. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt
and Mayor Smith .......................................................................................... 7.
NAYS: None 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR
COUNCIL:
OF ORDINANCES AND
AND MEMBERS OF
449
REFUSE COLLECTION: Council Member White addressed the issue of lifter
in the City of Roanoke. He advised that in his travels throughout the City, the litter
problem is again surfacing and requested that the City Manager review the City's
efforts to control lifter. He stated that he has been an advocate of involving citizens
in the City's efforts to address the lifter situation by developing a comprehensive
program to involve young people, senior citizens, and visitors to the community;
whereupon, he encouraged the City Manager to review efforts to bring forth a
partnership.
REFUSE COLLECTION: Mr. Hudson followed up on Mr. White's earlier
comments regarding lifter, and referred to the Mud Lick Road neighborhood which
had excessive amounts of litter on the street during the early part of the preceding
week. He suggested that the City Manager encourage refuse collection employees
to be more careful when emptying refuse containers.
The City Manager explained that there was a major wind event last week which
created a considerable amount of lifter, staff was asked to pick up debris which
caused a delay in the refuse collection schedule, and whenever there is a major wind
event, lifter problems will occur.
WATER RESOURCES: Council Member Wyatt called attention to water that
was flowing down her street early this morning that had frozen over night.
Specifically, during this period of water conservation, she inquired about
establishing a water hot line which would enable citizens to report water
issues/concerns, and encouraged refuse collection and public safety personnel to
report water situations as they are observed during the course of their work day.
The City Manager advised that such calls are taken on the City's E-911 number
and the City's central exchange, 853-2000, which number rolls over to the Dispatch
Center after hours for emergency calls. Therefore, she expressed concern with
regard to adding another number for citizens to remember. She explained that
stand-by crews are available to address emergency situations after regular work
hours.
CIVIC CENTER-CITY CHARTER-LEGISLATION-COUNCIL: Council Member
Bestpitch referred to comments made by the Mayor in his Commentary which
appeared in The Roanoke Times on February 11,2002, regarding the importance of
opening debate in serving the best interests of Roanoke's citizens. In that spirit, he
advised that he was extremely troubled by much of the remainder of the
Commentary, specifically in reference to those City Charter amendments that
Council requested its delegation to the General Assembly to introduce. He noted
that the Mayor stated that Council wished to enact a law that would supercede state
law; however, Mr. Bestpitch advised that no member of Council believes that Council
450
was trying to do that or could do that. In reference to the issue of carrying
concealed weapons, he explained that Council was not trying to do anything
because City Council has had that authority for quite some time. He referred to
Section 2, Subsection 18 of the City Charter, which addresses the ability of Council
to regulate or prohibit various dangerous materials and activities, the ability to
regulate or prohibit the use of candles and lights in barns, stables and other
buildings, the making of bon fires and the carrying of concealed weapons.
Therefore, he noted that it was a clear mis-representation of the facts to suggest to
the public that Council wanted to enact a law in regard to concealed weapons.
As background information, Mr. Bestpitch explained that a City Charter Bill
was introduced at the General Assembly last year in which Council was not trying
to make any change to the above referenced section of the City Charter, a call was
received at the last minute from the patron's office advising that Council needed to
make a decision right away about deleting the concealed weapon power or pull the
bill, and since Council had not had any opportunity to discuss the issue, the
decision was made to request that the bill be pulled for discussion during the
coming year. He further explained that Council requested that the City Charter Bill
be reintroduced at the 2002 Session of the General Assembly. He advised that the
majority of Council felt that since the State sees fits to give localities few enough
powers, it would not set a good precedent for the City to voluntarily request that one
of its powers be taken away. He stated that apparently that was not a good enough
decision for the Mayor, therefore, he took steps to insure that the entire Charter bill
would be killed. He added that another surprise was the Mayor's comments that the
City's legislative package contained two particular items that he was adamantly
against, when on February 4 the Mayor stated in public session of the Council that
he had not engaged in conversation with anyone in Richmond regarding the
admissions tax issue, but he did have conversation with members of the General
Assembly regarding the City Charter Bill. Seven days later, Mr. Bestpitch advised
that he was surprised to read in the Mayor's Commentary that there were two items
he was adamantly against: (1) the admissions tax, and (2) the City Charter
amendments. He stated that the Mayor is correct about the importance of open
debate and that which is in the best interest of Roanoke's citizens.
Therefore, in that spirit, Mr. Bestpitch moved that effective immediately, all
open meetings of the Roanoke City Council held in the City Council Chamber will be
televised in their entirety, including the Hearing of Citizens Upon Public Matters
section of the agenda. The motion was seconded by Mr. Harris.
451
Mr. White advised that he supports the motion, but the remarks leading up to
the motion were inappropriate. He stated that the incidents regarding the defeat of
the admissions tax and the City Charter bill could be better addressed by speaking
with the Mayor privately.
Mr. Hudson stated that he, too supports the motion; however, disagreements
with the Mayor should be addressed in private.
The motion offered by Mr. Bestpitch, seconded by Mr. Harris, was adopted,
Mayor Smith voted no.
Vice-Mayor Carder advised that public input was being stifled by not televising
the City Council meeting in its entirety. He called attention to the level of input that
an item receives by Council Members, citizens, community organizations and boards
and commissions before the item is addressed or acted upon at a City Council
meeting. He noted that the City recently completed a comprehensive plan process
that was one of the most open and inclusive processes in the history of the City of
Roanoke; whereupon, he commended the Council, the City Manager and staff on
their efforts to be as inclusive as possible by soliciting the input of citizens well in
advance of City Council meetings. He stated that it is hoped that the input Council
Members receive at City Council meetings represent only a small portion of the input
received by Council before an informed decision is made at a City Council meeting.
The Mayor advised that he would like to address two issues: i.e.: the Council
procedure and his Commentary in The Roanoke Times on February 11 as referenced
by Council Member Bestpitch. He stated that during a Council retreat, the facilitator
suggested that those persons who are grandstanding are quite often grandstanding
to be on television and if that portion of the Council meeting was not televised, there
would be less grandstanding, therefore, Council chose to accept the facilitator's
advice. He stated that some of the highest paid department managers employed by
the City; i.e.:, the City Manager, City Attorney, Director of Finance and City Clerk are
required to sit through the grandstanding and the amount of time that they are
required to spend in City Council meetings takes away from the time they can devote
to the duties of their respective offices. He stated that the new procedure has
resulted in enhanced dialogue between Council Members and citizens, and the news
media continues to cover City Council meetings, even when RVTV coverage of the
meeting has ended.
With regard to those statements made by Council Member Bestpitch, the
Mayor encouraged all citizens to read the Commentary in its entirety and judge for
themselves if mis-statements were made. He stated that the door to the Mayor's
Office is always open to any person who has a concern.
452
WATER RESOURCES: As a water conservation tip, the Mayor encouraged
citizens to repair leaking water faucets and toilet flush tanks.
CITY MANAGER COMMENTS: None.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City
Council sets this time as a priority for citizens to be heard. It is also a time for
informal dialogue between Council Members and citizens. Matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to council.
FIRE DEPARTMENT: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that
many citizens appearing before Council are not grandstanding, but addressing
issues that they consider to be pertinent to their neighborhoods.
She requested clarification with regard to the closing of fire stations, and
referred to a statement made by Fire Chief James Grigsby that the Fire/EMS
department will become more efficient and more cost effective by closing Fire/EMS
Station No. 12 and constructing three strategically located stations, which goal
would be accomplished by consolidating Fire/EMS Station Nos. 1 and 3 into a flag
ship station that will also house Fire/EMS administrative offices. She advised that
Fire/EMS Station Nos. 5 and 9 are to be consolidated into a multi-purpose facility and
a new Fire/EMS Station 10 is to be constructed off Airport Road; the Fire Chief also
states that Fire Station Nos. 3, 5 and 9 will be closed and three stations in northwest
Roanoke will be strategically located. She stated that No. 12 Fire Station on Salem
Turnpike is closed, Fire Station No. 1 in downtown Roanoke will be turned into a
fire/rescue museum, Fire Station Nos. 5 and 9 will be razed and the plan calls for
construction of a new fire/ems station at Williamson Road. She advised that the
statement of the Fire Chief is misleading when he says that three new fire stations
will be constructed in northwest Roanoke, especially in view of the three stations
that will be closed in predominantly minority communities. She stated that fire
stations are serious matters, and the City's founding fathers knew what they were
doing when they constructed fire stations in these locations. She advised that the
Fire Chief has stated that he met with 20 neighborhood groups; however, there are
three neighborhood organizations in her community and no meetings were held in
the Gainsboro area. She expressed concern with regard to the number of buildings
that are razed by the City of Roanoke in the predominantly black community.
453
WATER RESOURCES: Mr. Donald W. Hussey, 1612 Shamrock Road, N. W.,
presented information with regard to water conservation, and offered the following
suggestions:
"Make creating and saving water sources the City's first priority.
Do what it takes to clean up Crystal Spring and do it immediately. This
has been put off far too long.
Drill new wells at Carvins Cove to get the water that has seeped into the
ground.
Pipe in water from river sources for manufacturing uses not needing
purified water from Carvins Cove and Spring Hollow.
Strongly enforce anti-pollution laws for rivers and streams; impose
heavy fines on polluters and force them to clean up the pollution
immediately.
Seek out ideas for water conservation from other localities in drought
situations.
Check out well-digging businesses for possible new water sites they
may have encountered.
Get the public sector involved in water conservation through school
projects, brain-storming meetings, newspaper articles with
suggestions by readers, etc.
Discontinue camping, hiking, hunting and fishing in the surrounding
woods while in this severe drought. Cigarettes and campfires in dry
woods are a no - no. Out of doors activities can be put on hold. We do
not need to use our scarce water supply to put out fires. River water
should be used whenever possible to put out fires in our woods.
If necessary, put a limit on household water use, according to family
size. If the limit is exceeded, impose a fine.
Apply for disaster relief, if possible, from the United States government
to help develop new sources of water."
Mr. Hussey also presented information on urban water conservation tips,
home water saving tips, and finding and fixing leaks.
454
WATER RESOURCES- FIRE DEPARTMENT: The City Manager advised that it
is important that all citizens be mindful of water usage, as well as inappropriate use
of water through leaking faucets, etc. She encouraged City staff and citizens to
report water leakage, regardless of the magnitude.
In response to Ms. Davis' previous remarks, the City Manager advised that it
was her understanding that Ms. Davis was present at many of the meetings held by
Fire Chief Grigsby on the fire station issue; however, given the concerns of Ms.
Davis, she will ask the Fire Chief to schedule a meeting in the Gainsboro area.
At 4:15 p.m., the Mayor declared the meeting in recess for one closed session.
At 4:50 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding, and Council Member White, Hudson and Wyatt in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr White moved
that each Member of City Council certify to the best of his or her knowledge that: (1)
only public business matters lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2) only such public business
matters as were identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, and Mayor Smith .............. -4.
NAYS: None.
(Council Members Carder, Bestpitch and Harris were not present when the vote was
recorded.)
At 4:55, the Mayor declared the meeting in recess to be reconvened at
5:00 p.m., in the Emergency Operations Center Conference Room, Room 159, for a
joint meeting of City Council and the City Planning Commission.
The Council meeting reconvened at 5:00 p.m., for a joint meeting of Council
and the City Planning Commission in Room 159, Emergency Operations Center
Conference Room, with Mayor Ralph K. Smith and Planning Commission Chair,
Robert B. Manetta, presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith ......... 7.
455
CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr.,
S. Wayne Campbell, D. Kent Chrisman, Alfred T. Dowe, Jr., Melvin L. Hill, Richard A.
Rife and Chairman Robert B. Manetta .................................................................. 7.
Following dinner, the business session convened at 5:20 p.m.
ANNUAL REPORTS-PLANNING-ZONING: Chairman Manetta presented the
Annual Report of the City Planning Commission for the year 2001, advising that the
Commission officially met 15 times to consider the following items:
27 requests to rezone property or amend proffered conditions;
Ten street and/or alley closure requests;
Seven amendments to the City's Zoning Ordinance;
Three public facility naming requests (1 bridge and 2 parks);
One comprehensive development plan review for the Roanoke Academy for
Math and Science;
Two reviews of public facilities for conformity with the Comprehensive Plan
(South Jefferson Redevelopment Plan and Roanoke Academy for Math and
Science); and
One amendment to the Comprehensive Plan (Melrose-Rugby Neighborhood
Plan).
Mr. Manetta further advised that the major effort of the Planning Commission
and staff last year centered around adoption of a new City Comprehensive Plan,
Vision 2001-2020; and development of the Plan was a primary work effort for the
Commission and Planning staff, which included over 50 evening meetings,
numerous reviews and revisions of the document, coordination of six task teams,
a 44-member Citizens Advisory Committee, and several presentations to other
boards, civic groups and City Council.
He stated that neighborhood plans were initiated for Peters Creek North,
Belmont-Fallon, Gainsboro, Old Southwest, Southern Hills, Melrose-Rugby, and
Downtown (Outlook Roanoke Update); two of the plans have been completed and
adopted, with the remaining plans near completion for a public hearing and
adoption by the Planning Commission; and, in addition to the plan, a major
amendment of the City's Zoning Ordinance to include a new zoning
district-Institutional Planned Unit Development District (INPUD) was recommended
by the Planning Commission and adopted by City Council.
Mr. Manetta further stated that the Planning Commission met with City Council
to review and recommend the South Jefferson Redevelopment Plan, one of the
City's newest economic development initiatives with the Roanoke Redevelopment
and Housing Authority; the Planning Commission's major goal for 2002 is
implementation of the Comprehensive Plan through the revision of the City's Zoning
456
Ordinance, which was adopted in 1987; the Planning Commission's Ordinance and
Names Committee will be active in the review of the new ordinance, as well as a
citizen committee; and in addition to the Zoning Ordinance, the Commission will
also be involved in the adoption of several neighborhood plans during 2002 and will
continue to monitor progress in implementing initiatives and strategies set forth in
Vision 2001-2020.
The Chairman pointed out that Planning Commission members are particularly
interested in pursuing initiatives relating to new housing development, village
centers, redevelopment of underutilized commercial and industrial areas, and
integration of city design principles for new development; and the Commission held
a total of 12 regular and three special meetings during 2001.
Following presentation of the report, the Mayor called upon Members of
Council for comments; whereupon, Council Member Harris referred his remarks to
the City Manager with the request that staff be careful when phrasing words in
supporting documents that are forwarded to Council for consideration. He
referenced a request for a historic designation for the Grandin Road area, whereby
the Comprehensive Plan was cited and quoted. He stated that business owners in
the area were confused and inquired as to whether or not the application was
supporting a historic district similar to Old Southwest, or the downtown area which
is a zoning overlay. He added that he assured Grandin Road property owners that
the City was simply supporting the Grandin Road application for recognition of
historic structures.
In summary, Mr. Harris reiterated that inconsistent language can sometimes
create misunderstandings and therefore language should be clear and concise.
Council Member Harris raised a question with regard to what action Council
was being requested to take at its 7:00 p.m. session relative to the Outlook Roanoke
Plan. He inquired if Council was being asked to adopt the Outlook Roanoke Plan
as an addendum to the Comprehensive Plan, and thereafter, endorse each
recommendation in the Plan, or if there was a way to formally receive the Plan as a
planning document, and at a later date, review and consider each item individually.
He mentioned that Members of Council had expressed concern regarding three
items in the Outlook Roanoke Plan and asked if staff could clarify the issues
surrounding those items.
457
The City Manager stated that she viewed the Outlook Roanoke Plan as a
planning document for staff to proceed with defining the cost and implementation
schedule for specific elements to be developed and submitted to Council for
approval. She stated that adoption of the Plan, or elements thereof by Council,
would direct staff to begin additional work.
The City Attorney advised that adoption of the Plan would provide a legal
status, however, if there are concerns with regard to certain portions of the Plan,
Council may want to approve the Plan in principle only.
Council Member Wyatt expressed concern with regard to three issues
contained in the Outlook Roanoke Plan; i.e.: extension of Bullitt Avenue thrn~ ugh
Elmwood Park, the location of the Main Library, and the opening of the
Pedestrian/Vehicular Bridge. She asked if the Outlook Roanoke Plan could be
received as a guideline, or if the document could be adopted minus the three issues
in question.
Vice-Mayor Carder expressed frustration concerning adoption of the Plan since
Council has held only two work sessions, and the City Planning Commission
unanimously recommended adoption of the Plan.
Council Member Bestpitch stated that it was important that Council not make
a decision regarding the extension of Bullitt Avenue through Elmwood Park without,
at the same time, making a decision concerning the Main Library. He further stated
that Council may not proceed with both projects at the same time, but at least if a
decision to extend Bullitt Avenue is made, it is within the context of a larger plan that
says the Library will be relocated out of Elmwood Park and that a location has been
identified.
Mayor Smith commented that the Outlook Roanoke Plan was delivered with
good intentions, and suggested that it be received as a guideline. He stated that he
was in favor of the Plan as proposed and would abide by the wishes of Council.
Council Member Harris expressed appreciation for the indepth discussion
during the work session. He clarified that he did not have any objection to voting for
the Outlook Roanoke Plan, with the understanding that those items above mentioned
would be brought to Council for funding and/or approval at a later date.
The City Manager pointed out that the matter could be referred back to the City
Planning Commission, or Council could take no action at its 7:00 p.m. session, and
schedule further work sessions to discuss the three issues of concern.
458
Mr. Hudson expressed concern that if the three items (Bullitt Avenue, the Main
Library and the Pedestrian/Vehicular Bridge) were left in the Plan and it was changed
at a later date, the credibility of Council would be lost; therefore, the Outlook
Roanoke Plan should be referred back to the City Planning Commission for further
study, or to fiscal year 2002-2003 budget study.
Vice-Mayor Carder suggested that Council receive public input at its 7:00 p.m.,
public hearing and take no action, with the intent to receive additional input on the
three issues of concern.
There being no further discussion, it was the consensus of Council to receive
public comment at the 7:00 p.m. Council session, to receive additional input on the
above referenced three issues, and to vote on the Outlook Roanoke Plan at a later
date.
ZONING: The Chairman advised that revisions to the currentZoning Ordinance
are underway, a consultant has been selected; and the importance of adopting a new
ordinance to address issues set forth in the amended Comprehensive Plan.
Council MemberWyatt requested that Council receive periodic briefings on the
status of the Zoning Ordinance process.
The City Manager stressed the importance of input by the Members of Council
to the City Planning Commission with regard to issues that need to be addressed.
There being no further business, the Mayor declared the Council meeting in
recess at 6:35 p.m., to be reconvened at 7:00 p.m., in the City Council Chamber.
On Tuesday, February 19, 2002, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr.,
William D. Bestpitch, C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith----6.
ABSENT:Council MemberWilliam White, Sr. - ............................................. 1.
459
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
COMMUNITY PLANNING: Pursuant to action by Council, the City Clerk having
advertised a public hearing for Tuesday, February 19, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider an amendment of Vision 2001-
2020, the adopted Comprehensive Plan for the City of Roanoke, Virginia, dated
August 20, 2001, to include the Outlook Roanoke Update, an updated development
plan for downtown Roanoke, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, February 14, 2002, and in The Roanoke Tribune on Thursday,
February 14, 2002.
Mr. Bestpitch offered the following resolution:
"A RESOLUTION amending Vision 2001-2020, the City's adopted
comprehensive plan, to include Outlook Roanoke Update as an element of the
comprehensive plan."
Mr. Bestpitch moved the adoption of the resolution. The motion was
seconded by Mr. Carder.
Robert B. Manetta, Chair, City Planning Commission, advised that the purpose
of the Outlook Roanoke Plan is to provide a framework for prioritizing and
coordinating development programs and planning activities in the downtown area;
and the Plan identified several priorities that are categorized into five initiative areas
and opportunities:
Elmwood Park Initiative (park enhancement, library alternatives, new
development opportunities).
460
Church Avenue Initiative (Jefferson and Church development
opportunities, Williamson and Church development opportunities,
Church Avenue development opportunities.)
E-Town Initiative (Warehouse Row, Campbell Avenue and other
development opportunities).
Market Initiative (City Market area development opportunities).
Jefferson Center Initiative (Jefferson Center area development
opportunities).
He advised that the Plan recommends implementation of these development
initiatives when two or more individual components are ready to move forward; and
the Plan also identifies market strategies for economic development, residential
development and retail/entertainment; the economic development strategy
recommends marketing the variety of amenities in the downtown; the residential
strategy recommends the targeting of market-rate housing in the downtown through
adaptive re-use of existing buildings and new construction; and the
retail/entertainment strategy encourages the expansion of specialty retail and dining
opportunities.
He noted that the Outlook Roanoke Plan further recommends infrastructure
and traffic improvements designed to encourage connectivity within the downtown
and beyond to adjacent neighborhoods as well as the region (i.e. greenways); and
Vision 2001 2020 Comprehensive Plan recommends that the City adopt
neighborhood plans for all neighborhoods, with the downtown area consider,~d to
be one of the City's neighborhoods.
The City Planning Commission recommended that Council amend Vision
2001-2020, the City's Adopted Comprehensive Plan, to include the Outlook Roanoke
Update, as an element of the Plan.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter; whereupon, Steven Lemon, 2505 Cornwallis
Avenue, S. E., Chair, Economic Development Committee and Treasurer of Downtown
Roanoke, Inc., advised that Downtown Roanoke, Inc., has been an integral part of
the planning process for creation of the Outlook Roanoke Update, and expressed
appreciation to all persons who were involved in the process. He stated that the
Board of Directors of Downtown Roanoke, Inc., adopted a resolution in support of
the final plan document and encourages favorable consideration by Council of the
Outlook Roanoke Update. .
461
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., requested that Council
consider the issue of Bullitt Avenue extension and that Council hold a public hearing
on the matter.
Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Co-Chair, Dr. Martin Luther
King Jr. Memorial Selection Committee, advised that a recommendation of the
committee was submitted to the City Manager which included Justice Square and
Freedom Walk and it is hoped that these recommendations will take place in a
portion of Elmwood Park. She advised that the Mill Mountain Greenway, which
extends from the City Market area toward Mill Mountain, is proposed to go through
Elmwood Park and itwas the vision of the Dr. Martin Luther King Jr. Committee that
Freedom Walk would highlight the significant events of Roanoke's civil rights era.
She advised that the Justice Park recommendation has been refined and Justice
Park can be located at an appropriate location in the City. She stated that the City
of Roanoke is and should be open for business, but Roanoke is no longer a farmer's
market economy, because its economy is local, national and international, and
Roanoke should be perceived as a City that is inclusive of all people of all races,
religions and creed.
There being no further speakers, Mr. Harris advised that Council engaged in
considerable discussion regarding the matter at its 5:00 p.m. joint session with the
City Planning Commission. He called attention to a number of significant issues
contained in the Outlook Roanoke Update in which Council Members requested
specific work sessions, some of which involve significant budgetary implications.
Therefore, he stated that its 5:00 p.m. session, it was the consensus of Council to
receive the Outlook Roanoke Plan, and engage in future work sessions and budget
review. ( See pages 454- 458)
Mr. Harris offered a substitute motion that action on the above referenced
resolution be tabled. The motion was seconded by Mr. Hudson and unanimously
adopted.
The Mayor declared the public hearing closed.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City
Council sets this time as a priority for citizens to be heard. It is also a time for
informal dialogue between Council Members and citizens. Matters requiring referral
to the City Manager will be referred immediately for response, recommendation or
report to Council.
462
COMPLAINTS: Mr. Robert Gravely, 1617 Hanover Avenue, N. W., expressed
concern with regard to the overall condition of the City of Roanoke; i.e.: the City's
vision does not include disadvantaged and minority citizens, the City supports the
affluent and outside business interests, and the City of Roanoke supports
downtown Roanoke as opposed to other parts of the City·
COMPLAINTS- CITY COUNCIL: Mr. E. Duane Howard, 508 Walnut Avenue,
S. W., spoke with regard to the action taken by Council at its 2:00 p.m. session in
regard to reinstating RVTV coverage of the City Council meeting in its entirety. He
stated that citizens will continue to lobby City Council to reinstate citizen comments
under the Petitions and Communications section of the Council agenda.
There being no further business, the Mayor declared the meeting adjourned
at 7:25 p.m.
Mary F. Parker
City Clerk
APPROVED
Mayor
463
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 4, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 4, 2002, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Re~lular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, William D. Bestpitch,
William H. Carder and Mayor Ralph K. Smith ...................................................... -4.
ABSENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt ................................................................................................... 3.
OFFICERS PRESENT: Elizabeth K. Dillon, Assistant City Attorney; and
Mary F. Parker, City Clerk.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950),
as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4.
NAYS: None ................................................................................... -0.
(Council Members Hudson, White and Wyatt were absent.)
464
PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss a matter with regard to disposition of publicly-owned property,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before
the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to disposition of
publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950),
as amended. The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4.
NAYS: None.
(Council Members Hudson, White and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss a matter with regard to disposition of publicly-owned property,
where discussion in open meeting would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to disposition of
publicly-owned property, where discussion in open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Carderand Mayor Smith ............ -4.
NAYS: None 0.
(Council Members Hudson, White and Wyatt were absent.)
CITY MANAGER-ECONOMIC DEVELOPMENT-COUNCIL: A communication
from the City Manager requesting that Council convene in a Closed Meeting to
465
discuss a matter with regard to expansion of an existing business where no
previous announcement of the interest of the business in expanding its facilities in
the City have been made, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950),
as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to expansion of an
existing business where no previous announcement of the interest of the business
in expanding its facilities in the City have been made, pursuant to Section 2.2-3711
(A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris
and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4.
NAYS: None--
(Council Members Hudson, White and Wyatt were absent.)
At 12:17 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Room 159, Noel C. Taylor Municipal Building, for a briefing on the
"Unity Fountain."
.--. At 12:25 p.m., the Council meeting reconvened in Room 159, with all Members
of the Council in attendance except Ms. Wyatt, Mayor Smith presiding.
In addition to the Assistant City Attorney and the City Clerk, the City Manager
and Director of Finance were present.
UNITY SCULPTURE: The City Manager introduced a briefing on the "Unity
Sculpture", a proposal submitted by the National Conference for Community and
Justice, Roanoke Chapter (NCC J). She advised that NCCJ is interested in placing
a sculpture at the far end of First Union Plaza on City owned property; however,
before engaging in fund raising efforts, the NCCJ would like the endorsement of
Council regarding a specific location prior to approaching potential donors.
The following is background information on the proposed sculpture.
Roanoke sculptor, Judith R. Damon, has been interested in using art to
promote better understanding between different cultures as a pathway
to world peace. She feels strongly that children will lead the way to
466
peace, since they are instinctively "color blind" and accepting of other
children on a non-judgmental basis.
In May 1996, Ms. Damon conceived the idea of a sculpture that would
celebrate world peace and international understanding by depicting
children from different countries and continents joining hands and
dancing around a world globe. The idea became a three dimensional
reality as she created a small model which she kept on display in her
studio at the original Studios on The Square.
In 1999, an American who was living in Germany and serving on the
Board of Directors of a new International School in the Czeck Republic,
visited Ms. Damon's studio and identified the sculpture as a piece of art
that could serve as a center piece for the new campus they were about
to construct, thus, the Townshend School named the sculpture "World
Embracing", and decided against a solid globe in lieu of an open
armillary globe.
The artist arranged to work in a vacant store at Towers Shopping
Center where Roanokers were allowed to observe her work, and some
of the most frequently heard comments as people viewed the sculpture
being created had to do with expressions of regret that the sculpture
was not going to be installed in the Roanoke area.
In the fall of 2001, a Roanoke native, Nancy Eitner, approached sculptor
Damon to inquire if it was possible to have a copy of the bronze
sculpture made for Roanoke and offered her service to coordinate fund-
raising. It was at this point that the National Conference for Community
and Justice was asked to be official sponsors of the project. The NCCJ
views the sculpture as its permanent gift to the City, symbolizing the
unity in diversity that NCCJ has worked to promote in the Roanoke
Valley, and, in that spirit, the NCCJ renamed the work the 'Unity
Fountain", with the goal to use the dedication of the fountain as the
center piece of the 2003 "Local Colors" Celebration.
In seeking a proper location for the "Unity Sculpture", it is felt that with
the City's approval, a position at the far end of the area now known as
"First Union Plaza" would be ideal for several reasons. The grassy plot
adjacent to the Market area is the site of many local events, which
would provide numerous people with the opportunity to see the
467
sculpture and to receive its "message". The location is just outside the
building housing the entrance to the overhead walkway to The Hotel
Roanoke. As such, it is far enough out of the way so as not to interfere
with any activity in the plaza, but is in a perfect position to serve as a
"welcome" to visitors coming downtown from the hotel. The site is
adjacent to the new rail walk and would be across the street from the
proposed new IMAX Theater. The sculpture would become a unique
"photo opportunity" for visitors and locals alike.
It is believed that the "Unity Sculpture" will serve as a beautiful,
inspiring and lasting enhancement to the City of Roanoke for
generations to come and if the "Unity Sculpture" is approved, the most
appropriate name for its location would be, "Unity Plaza", thus tying
into the purpose of the sculpture while eliminating the present
commercial reference.
The National Conference for Community and Justice requests that
Council approve the gift of the "Unity Sculpture" to the City of Roanoke,
to be located as indicated in a diagram filed with the City. No request
for funds is made of the City of Roanoke, since all funds required to
have the sculpture cast, shipped and installed will be raised privately.
Wanda B. Reed, Acting Director, Department of Parks and Recreation, advised
that when the request of the NCCJ to place the sculpture in the First Union Plaza
was first reviewed, there was a concern with regard to the" Dog Mouth" fountain
which is located in the same general area and has been a part of downtown Roanoke
for a number of years. She stated that the original design was to be a fountain that
was later changed to a sculpture which will be a gift to the City of Roanoke at no
cost to the City.
Pearl Fu, Multi-Cultural Program Specialist, NCC J, spoke in support of the
sculpture. She called attention to discussions with Roanoke Valley Sister Cities
officials, Robert Roth, President, and David K. Lisk, Executive Director, who advised
that there will be no conflict between the "Unity Sculpture" and the "Sister Cities
Sculpture".
Discussion centered around the following topics:
The Architectural Review Board and the Roanoke Arts Commission
would have to review the proposal and it is anticipated that both
reviews could occur within the next 30 days.
468
The proximity of the proposed second First Union Tower to the
proposed "Unity Sculpture".
The City Manager should review the proposed site, along with other
potential sites throughout the City, to determine if the First Union Plaza
is the most appropriate location.
Coordination of timing with other projects such as the Dr. Martin Luther
King, Jr. Memorial and other pending City projects.
Citizen input should be sought on both design and location of the
"Unity Sculpture".
The City Manager advised that a review by the Architectural Review Board and
the Roanoke Arts Commission could bring forth other potential sites, and it is
anticipated that a report will be submitted to Council within the next 30-45 days.
At 12:55 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Closed Session in the City Council's Conference Room, located
adjacent to the City Council Chamber.
At 1:50 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, except Ms. Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder and
Mayor Smith. .5.
NAYS: None
(Council Member White was not present when the vote was recorded.)
Member Wyatt was absent.)
(Council
OATHS OF OFFICE-HOTEL ROANOKE CONFERENCE CENTER COMMISSION-
COMMITTEES-BLUE RIDGE BEHAVIOR HEALTHCARE: Council at its meeting on
469
Tuesday, February 19, 2002, having tabled reports of qualification of Ralph K. Smith
as a member of the Hotel Roanoke Conference Center Commission to fill the
unexpired term of James D. Grisso, resigned, commencing February 1, 2002, and
ending April 12, 2004; and Delores Y. Johns as a member of the Blue Ridge
Behavioral Healthcare, Board of Directors, for a term ending December 31, 2004,
Mr. Harris moved that the reports of qualifications be removed from the table. The
motion was seconded by Mr. Bestpitch and adopted.
Mr. Harris moved that Council approve the appointment of Ralph K. Smith as
a Commissioner of the Hotel Roanoke Conference Center Commission for a term
ending April 12, 2004; and the reappointment of Dolores Y. Johns as a member of
the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending
December 31, 2004. The motion was seconded by Mr. Carder and adopted.
OATHS OF OFFICE-LIBRARIES: The Mayor advised that there is a vacancy on
the Roanoke Public Library Board created by the resignation of Eugene Wirt, Jr., for
a term ending June 30, 2002, and called for nominations to fill the vacancy.
Vice-Mayor Carder placed in nomination the name of Stanley G. Breakell.
There being no further nominations, Mr. Breakell was appointed as a member
of the Roanoke Public Library Board to fill the unexpired term of Eugene Wirt, Jr.,
resigned, ending June 30, 2002, by the following vote:
FOR MR. BREAKELL: Council Members Hudson, Harris, Bestpitch, Carder,
White and Mayor Smith ..................................................................................... 6.
(Council Member Wyatt was absent.)
At 1:55 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 Monday, March 4, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., C. Nelson Harris,
William D. Bestpitch, William H. Carder, William White, Sr. and Mayor
Ralph K. Smith ............................................................................................... -6.
ABSENT: Council Member Linda F. Wyatt ................................................... 1.
470
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Elizabeth K. Dillon,
Assistant City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by The Reverend
TupPer Garden, Pastor, Raleigh Court Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of March 2002 as National Nutrition Month.
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.
MINUTES: Minutes of the regular meeting of Council held on Tuesday,
January 22, 2002, were before the body.
Mr. Bestpitch moved that Council dispense with the reading of the minutes
and that the minutes be approved as recorded. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White,
and Mayor Smith 6.
NAYS: None 0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY: A communication from the City Manager
advising that the City of Roanoke owns property located on Nelms Lane, N. E.,
identified as Official Tax No. 7400500; an adjacent property owner has contacted the
City regarding the purchase of the property; it has been determined that there is no
real benefit in City ownership of the parcel of land; and in correspondence dated
471
February 11,2002, the adjacent property owner has offered to purchase the property
for $500.00 which is the current assessed value, was before Council. '
The City Manager recommended that Council authorize scheduling and
advertisement of a public hearing to consider the transfer of said property.
Mr. Bestpitch moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Carder and adopted by the following vote.
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................... -0.
(Council Member Wyatt was absent.)
(A public hearing was advertised for Monday, March 18, 2002, at 7:00 p.m., or as
soon thereafter as the matter may be heard.)
ZONING-ARMORY/STADIUM: A communication from the City Manager
advising that in May 2001, Council authorized the City Manager to acquire property
across Orange Avenue from the Roanoke Civic Center for the new multi-purpose
stadium/amphitheatre; properties for the facility have been acquired, with the
exception of one parcel of land on which discussions are continuing (Official Tax
No. 3070319); an architect has been selected and the City is proceeding with design
and development of the complex, was before Council.
It was further advised that current zoning of most of the subject properties is
LM, Light Manufacturing District, which does not provide for a stadium/amphitheatre
facility; a few parcels of land are zoned C-2, General Commercial District, which
could permit a stadium facility; therefore, rezoning of the property to C-3, Central
Business District, is recommended; and the existing Civic Center, a comp=nion
facility, is zoned C-3 and will provide additional parking for the new facility.
It was explained that the City's Comprehensive Plan, Vision 2001-2020,
recommends that Roanoke develop, maintain and manage recreation facilities that
enhance the City and the region's quality of life; and the plan also recommends the
redevelopment of underutilized industrial sites and continued investment in the
downtown to serve the region's central business district with opportunities for
downtown living, office space, retail and cultural and entertainment attractions.
472 -
The City Manager recommended that she be authorized to file a petition to
rezone property described as Official Tax Nos. 3070301-3070310, inclusive,
3070313-3070316, inclusive, 2041816 and 2041817, from LM, Light Manufacturing
District, to C-3, Central Business District, and Official Tax No. 3070501 and 3070318
from C-2, General Commercial District, to C-3, Central Business District, withsaid
rezoning petition to include Official Tax No. 3070319, now under negotiation,
pending agreement and signature of the property owners.
Mr. Bestpitch moved that Council concur in recommendation of the City
Manager. The motion was second by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White,
and Mayor Smith ............ -6.
NAYS: None
(Council Member Wyatt was absent.)
(See page 19.)
AIRPORT-OATHS OF OFFICE-COMMITTEES-TOWING CONTRACT: The
following reports of qualification were before Council:
Harold F. Wallick as a member of the Towing Advisory Board to fill the
unexpired term of Sergeant C. A. Karr, resigned, ending June 30, 2003;
and;
Claude N. Smith as a member of the Roanoke Regional Airport
Commission for a term ending March 9, 2006.
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White,
and Mayor Smith ...................... ' ......... -6'
NAYS: None
(Council Member Wyatt was absent.)
473
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-YOUTH: Council Member Harris presented a communication
transmitting information on the Roanoke Adolescent Health Partnership (RAHP) and
its services to youth. He advised that the Partnership provides an excellent and
needed program in the community and called attention to difficulties that the
program faces with regard to funding. He noted that as the program has neared the
end of its funding cycles for grants, money to support the program has dramatically
decreased; with the decreased income, the Partnership has had to decrease direct
care hours; for the current school year, clinic service hours have been reduced from
28 hours at each school site to 16 hours at Patrick Henry High School, 20 hours at
William Fleming High School and Ruffner Middle School and from 20 to eight hours
at Hurt Park Elementary School. He noted that this reduction in staff and direct care
hours comes when the demand for those services has not been reduced; and in
short, clinics continue to see the same amount of students compressed into less
time with less staff.
Mr. Harris presented a needs package that was prepared by the RAHP that
could be used by Council and staffduring budget study deliberations. He noted that
the Partnership has presented various options ranging from $25,000.00 to
$55,000.00; their request is primarily for a funded position to seek grant and other
funding mechanisms, as well as to establish the relationship necessary to conduct
third-party billing when appropriate. He stated that realistically, part-time nurses and
clerks cannot be expected to find the time necessary to do the work when managing
a full-time caseload, and it is believed that the clinics can be put on more solid fiscal
footing if a third party billing system is established.
Mr. Harris moved that the matter be referred to fiscal year 2002-03 budget
study. The motion was seconded by Mr. Bestpitch and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
474
ITEMS RECOMMENDED FOR ACTION:
INDUSTRIES-ECONOMIC DEVELOPMENT-RAIL SERVICE-HOUSING/
AUTHORITY-INDUSTRIES-RIVERSIDE CENTER: The City Manager submitted a
communication advising that WHPT Co., Inc., a business currently located in the
South Jefferson Redevelopment Area (SJRA), is being relocated due to the
redevelopment plan; WHPT requires rail siding and has found a site in the City of
Roanoke, which site needs upgrades to the rail line that will cost in excess of
$135,000.00; WHPT has approached the City of Roanoke to apply, on its behalf, to
the Virginia Department of Rail and Public Transportation Railroad Industrial Access
Program for funds to help defer a portion of the cost; the application must be filed
by the City for the industry and must be accompanied by a resolution from the local
governing authority in support of the application; and the City will not incur any
monetary obligation to provide any part of the funds.
It was further advised that redeveloping the South Jefferson area into the
Riverside Centre for Research and Technology is a priority of the City of Roanoke,
and must be preceded by the relocation of several businesses in the area; and it is
in the best interest of the City to keep WHPT and other displaced businesses from
the South Jefferson Redevelopment area in the City of Roanoke.
The City Manager recommended that she be authorized to file an application,
or other documents, with the Virginia Department of Rail and Public Transportation
for the Railroad Industrial Access Program forWHPT Co., Inc., to assist the company
in obtaining $60,000.00 in Program funds and to state the City's support for WHPT
receiving such Program funds from the state.
Mr. Carder offered the following resolution:
(#35761-030402) A RESOLUTION authorizing the City Manager to file an
application or other documents with the Virginia Department of Rail and Public
Transportation forWHPT Co., Inc., for $60,000.00 in Industrial Access Railroad Track
Funds and to state the City's support for WHPT receiving such funds.
(For full text of Resolution, see Resolution Book No. 65, page ~.~.6.)
Mr. Carder moved the adoption of Resolution No. 35761-030402. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White,
and Mayor Smith. - .......... -6.
NAYS: None .... -0.
475
(Council Member Wyatt was absent)
BUDGET-GRANTS: The City Manager submitted a communication advising
that the concept of a formal grantsmanship program to enhance the level of grant
funding received by the City of Roanoke has been considered and evaluated for the
past several months; currently, City departments apply for special purpose grants
on an as needed basis; and because of limited internal capacity, efforts to research
and aggressively seek grant funding opportunities are restricted.
It was further advised that a Request for Proposals for the provision of grant
writing services was publicly advertised; proposals were received from six firms,
with four proposals being compliant with the specifications outlined in the Request
for Proposals, which were ranked and interviewed by an internal evaluation
committee; and Randall Funding and Development, Inc., ranked first and is the only
firm offering a guarantee to secure $1 million in grant funding, provided that the
company is authorized to pursue and apply for $3.5 million in funding opportunities.
It was further advised that scope of services to be provided by Randall
Funding and Development, Inc., includes development of a strategic grant funding
plan based on a funding needs analysis, grant funding research, and grant proposal
development; a contract term of two years has been agreed upon, at a cost of
$25,000.00 retainer fee and $4,000.00 per month, with no additional out-of-pocket
expenses; and total funding required for the services is $73,000.00 for the first year
and $48,000.00 for the second year.
The City Manager explained that in these difficult economic times, it is
important to take steps that may enhance the City's available financial resources;
there are many areas within the Vision 2001 - Comprehensive Plan that could benefit
from grant opportunities that Randall Funding and Development, Inc., would apply
for; current projects, such as the Southeast Pilot project, could also be a beneficiary
of the services; public safety grant funding may be available due to the President's
homeland security initiative; and a funding commitment of $121,000.00 for this
service guarantees the receipt of at least $1,000,000.00 in grant funding, for a net
gain of $879,000.00 in two years.
The City Manager recommended that she be authorized to enter into an
agreement with Randall Funding and Development, Inc., in a form approved by the
City Attorney, for grant writing services; and that Council authorize the transfer of
$121,000.00 from Account No. 001-250-9110-1125 to an account to be established by
the Director of Finance in the Capital Projects Fund.
Mr. Carder offered the following emergency budget ordinance:
476
(#35762-030402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For'full text of Ordinance, see Ordinance Book No. 65, page 447.)
Mr. Carder moved the adoption of Ordinance No. 35762-030402. The motion
was seconded by Mr. Harris.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to what type of grant
funding that will be requested by the City. She stated that neighborhoods are in
peril; the Harrison Museum of African-American Culture has requested additional
funds from the City of Roanoke, and the City Manager was requested by the Harrison
Museum Board of Directors to assign a City employee to the Harrison Museum for
a short time to assist the organization in pursuing grant opportunities; however,
both requests were denied. She advised that State funds have been decreased and
funding is limited, but before the City Manager's recommendation is approved,
citizens should know what type of grant funding will be requested because it is
possible that funds being sought and received could be contrary to the City's
neighborhoods.
Ordinance No. 35762-030402 was adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White
and Mayor Smith ........... -6.
NAYS: None--,
(Council Member Wyatt was absent.)
Mr. Carder offered the following resolution:
(#35763-030402) A RESOLUTION authorizing execution of a contract with
Randall Funding and Development Inc., for grant writing services in order to
enhance the level of grant revenue received by the City, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 65, page 449.)
Mr. Carder moved the adoption of Resolution No. 35763-030402. The motion
was seconded by Mr. Harris and adopted by the following vote:
477
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White
and Mayor Smith ........................................................................................... -6.
NAYS: None .................................................................................... ---0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-BUDGET-STREETS AND ALLEYS-TRAFFIC-
SIGNALS AND ALARMS: The City Manager submitted a communication advising
that the proposed realignment and signalization of Riverland Road/Mt. Pleasant
Boulevard and Bennington Street will require the acquisition of property rights;
design of the project to improve the intersection is sufficiently complete to identify
the property rights necessary for construction of the improvements; authorization
is needed to move forward with procurement of title work, appraisals, and document
preparation related to acquisition of the necessary property rights; and estimated
expenses related to acquisition of property are not expected to exceed $50,000.00
which is available in the Roadway Safety Improvement Program capital project,
Account No. 008-052-9606.
In conjunction with the City Attorney, the City Manager recommended
authorization to acquire all necessary property rights, said property rights may be
acquired by negotiation or eminent domain, and may include fee simple, permanent
easements, permanent access easements, temporary construction easements,
rights-of-way, licenses or permits, etc., subject to a satisfactory environmental site
inspection; and that Council approve the transfer of $50,000.00 from Account No.
008-052-9606 to an account to be established by the Director of Finance entitled,
"Riverland Road/Mt. Pleasant Boulevard/Bennington Street Intersection
Improvements Project"
Mr. Carder offered the following emergency budget ordinance:
(#35764-030402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 449.)
Mr. Carder moved the adoption of Ordinance No. 35764-030402. The motion
was seconded by Mr. Harris and adopted by the following vote:
478
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White
and Mayor Smith ......... --6.
NAYS: None
(Council Member Wyatt was absent.)
Mr. Carder offered the following ordinance:
(#35765-030402) AN ORDINANCE providing for the acquisition of certain
property rights needed by the City for the Riverland Road/Mt. Pleasant
Boulevard/Bennington Street Intersection Improvements Project; setting a limit on
the consideration to be offered by the City; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances; and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 451.)
Mr. Carder moved the adoption of Ordinance No. 35765-030402. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White
and Mayor Smith ...... -6.
NAYS: None
(Council Member Wyatt was absent.)
FINANCIAL REPORTS: The Director of Finance submitted the Financial Report
for the City of Roanoke for the month of January 2002.
There being no questions and without objection by Council, the Mayor advised
that the financial report would be received and filed.
BUDGET-BONDS/BOND ISSUES-ROANOKE CiViC CENTER: The Director of
Finance submitted a written report advising that the City's 2002 General Obligation
Public Improvement Bonds of $56,245,000.00 have been issued, with proceeds
available for appropriation; and several projects have been established and funded
from the 2002 General Obligation Bonds in advance of issuance, totaling
$12,699,700.00.
479
The Director of Finance presented an ordinance which will transfer
$830,000.00 to the Civic Center Fund that was originally transferred to the Capital
Projects Fund from the General Fund; the change is made in conjunction with a
change made by Council action on January 22, 2002, whereby the amount of bonds
issued for the Civic Center project was decreased $830,000.00 and the amount of
bonds issued for the Stadium project was increased $830,000.00, which change was
made to ensure that all bonds were issued as tax exempt bonds, providing the
lowest total interest expense to the City.
It was explained that funding of $2.5 million for the Shenandoah Parking
Garage was originally appropriated in the Capital Projects Fund; a proposed budget
ordinance will also shift this project to the Transportation Fund where the City's
parking garages are recorded; and funding from both the Series 2002 Bonds and
General Revenues are being transferred.
Mr. White offered the following emergency ordinance:
(#35766-030402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, Water, Civic Center, Transportation, Capital Project and
School Capital Project Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 452.)
Mr. White moved the adoption of Ordinance No. 35766-030402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White
and Mayor Smith ............................................................................................... 6.
NAYS: None -0.
(Council Member Wyatt was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
': INTRODUCTION AND
RESOLUTIONS: None.
CONSIDERATION
OF ORDINANCES AND
480
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
FIRST CITIES COALITION: Mr. Carder offered the following resolution:
(#35767-030402) A RESOLUTION highlighting the inadequacies of funds
currently received from the Commonwealth of Virginia and supporting the Virginia
First Cities Coalition plan of action to address a better financial structure between
the State and local government.
(For full text of Resolution, see Resolution Book No. 65, page 456.)
Mr. Carder moved the adoption of Resolution No. 35767-030402. The motion
was seconded by Mr. Bestpitch.
Vice-Mayor Carder, one of the City's representatives to the Virginia First
Cities Coalition, advised that Council was briefed on February 19, 2002, on certain
initiatives of the First Cities Coalition; whereupon, he reviewed the following
pertinent paragraphs contained in the above referenced resolution:
1. The Council endorses the efforts of the Virginia First Cities
Coalition to cause the state to work collaboratively with the cities to
adopt and implement comprehensive structural changes to the
intergovernmental relationship and most immediately provide adequate
funding for education and transportation and authorizes the City
Manager to take such actions as are necessary to support this effort.
2. That the work plan of the Coalition be endorsed. The actions will
include:
Work with the Governor and his administration to
develop an urban strategy that responds to the
urban needs of cities by redesigning the state-local
relationship to balance service responsibilities with
revenue capacity, and change the tax structure and
other revenue controls to recognize new economic
opportunities for the state and localities;
481
Work with the Governor and General Assembly to
provide adequate State funds to cities for education
and transportation programs;
Support state legislation that provides the needed
local flexibility in the generation of additional
revenue for regional transportation improvements
and the use of VDOT funds for proper maintenance
of urban streets in parity with those in non-urban
areas;
Implement strategies of public outreach to enhance
the public's understanding of the under funding and
obtain support for immediate action for reform; and
Examine and pursue other appropriate means, up to
and including the study of the feasibility of legal
redress, if necessary, to seek and obtain adequate
funding from the State.
The City Manager, who is also a City of Roanoke representative to the Virginia
First Cities Coalition, advised that she attended an administrative meeting of the
First Cities Coalition approximately ten days ago and it was the consensus of the
organization to request the governing bodies of each of the member localities to
formally adopt a resolution in support of the above referenced items since it is
believed that the outcome of the State's budget will not improve the circumstances
of localities but will, in fact, cause circumstances that will need to be addressed in
the upcoming budget. She stated that adoption of the resolution by member
jurisdictions of the First Cities Coalition will begin to show the strength of localities
and identify the need for the Governor and the General Assembly to look more
seriously at urban issues. She encouraged adoption of the resolution and advised
that there will be another meeting of the First Cities Coalition on March 28, 2002, at
which time initiatives, if any, that should be taken prior to the veto session of the
General Assembly will be identified.
Resolution No. 35767-030402 was adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and
MayorSmith 6.
NAYS: None
(Council Member Wyatt was absent.)
482
CITY COUNCIL-CITY EMPLOYEES: Council Member Hudson requested that
newly hired City of Roanoke department directors be formally introduced at a City
Council meeting.
CITY COUNCIL: Council Member Bestpitch moved that citizens wishing to
address Council under Item 12, Hearing of Citizens Upon Public Matters, may advise
the City Clerk prior to 5:00 p.m., on Tuesday before any regularly scheduled Council
meeting, which is the deadline for receipt of agenda items, and their names and
topics for discussion will appear on the printed City Council agenda; any citizen who
has not advised the City Clerk prior to the agenda deadline of their request to speak
will continue to be heard under item 12 by registering with the City Clerk prior to
arriving at the item on the agenda, which is the current practice of Council. The
motion was seconded by Mr. Harris and adopted.
CITY MANAGER COMMENTS: None.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City
Council sets this time as a priority for citizens to be heard; it is also a time for
informal dialogue between Council Members and citizens; and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
ZONING-ARMORY/STADIUM: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
addressed Consent Agenda Item No. C-3 with regard to a recommendation by the
City Manager to file a petition to rezone property acquired for the
stadium/amphitheater facility, which is to be located on the north side of Orange
Avenue, N. E. She inquired if a public hearing has been held to receive citizen input
on the location of the proposed stadium/amphitheater facility.
Vice-Mayor Carder advised that the procedure for rezoning property involves
a public hearing by the City Planning Commission and a public hearing by City
Council and citizens may appear before both the Planning Commission and the
Council to express their views.
At 2:45 p.m., the Mayor declared the meeting in recess for three Closed
Sessions.
At 3:40 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance except Ms. Wyatt, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
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
483
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Harris, Bestpitch, Carder
and Mayor Smith ............................................................................................ -6.
NAYS: None.
(Council Member White was out of the Council Chamber when the vote was
recorded.) (Council Member Wyatt was absent.)
There being no further business, at 3:42 p.m., the Mayor declared the meeting
in recess to be reconvened on Friday, March 8, 2002, at 8:30 a.m., in the Buck
Mountain Room, Hotel Roanoke Conference Center, 106 Shenandoah Avenue, N. W.,
City of Roanoke, at which time Council will conduct its Financial Planning Session.
The regular meeting of Roanoke City Council reconvened on Friday, March 8,
2002, at 8:30 a.m., in the Buck Mountain Room, Hotel Roanoke Conference Center,
106 Shenandoah Avenue, N. W., Roanoke, Virginia, with Mayor Ralph K. Smith
presiding.
COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., C. Nelson Harris,
William D. Bestpitch, William H. Carder, William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None O.
OTHERS PRESENT: Darlene L. Burcham, City Manager; Elizabeth K. Dillon,
Assistant CityAttorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
School Trustees: Charles W. Day, Marsha W. Ellison, Gloria P. Manns,
Melinda J. Payne, (arrived at 11:25 a.m.); E. Wayne Harris, Superintendent;
Richard L. Kelley, Superintendent for Operations; Willard N. Claytor, Director of Real
Estate Valuation; TroyA. Harmon, Municipal Auditor; George C. Snead, Jr., Assistant
City Manager for Operations; Rolanda A. Johnson, Assistant City Manager for
Community Development; Ann H. Shawver, Manager of Accounting Services;
Barry L. Key, Director of Management and Budget; Sherman M. Stovall, Planning and
Support Services Superintendent; Alicia F. Stone, Budget Administrator;
Michael T. McEvoy, Director of Utilities; Stephen S. Shirley, Wastewater Manager;
Phillip C. Schirmer, City Engineer; Frank E. Baratta, Budget Team Leader; and
David A. Diaz, Assistant to the City Manager.
484
BUDGET: The City Manager welcomed School Trustees to the meeting and
advised that this is the first time that City Council and the School Board have
participated in a Financial Planning Session. She explained that the Financial
Planning Session provides Council with an opportunity to review long term and
short term budget needs of the City, and the School Board was invited in order to
gain a better understanding of the future challenges facing City Council. She
advised that the session will provide a building block as staff prepares for fiscal year
2002-03 budget study, and expressed appreciation to all attendees for taking time
out of their schedules to participate in the day-long meeting.
The Director of Finance advised that timing for the Financial Planning Session
is appropriate because the City of Roanoke just completed one of the largest capital
bond financings in the history of the City, and a difficult budget year is anticipated.
He presented each Member of Council with copy of the City of Roanoke Revenue
Compendium which lists a majority of City revenues with a ten year history.
Mr. Bestpitch advised that it will be necessary for him to leave the meeting at
approximately 11:30 a.m., to attend an out of the city training seminar.
The first item of business was a review of the following projects identified to
be included in the Capital Improvements Program:
Art Museum/IMAX Theater
Bridge Renovation Program - Walnut Avenue
Building Repairs and Renovations
Civic Center Improvement - Phase I
Crystal Spring Filter Plant
Curb, Gutter and Sidewalk Program
High School Renovation - Patrick Henry
Neighborhood Storm Drains
Parks Master Plan - Phase II
Passenger Station
Police Building - Phase II
Railside Linear Walk - Phase V
Riverside Center for Research and Technology
Roanoke Academy for Math and Science
Roanoke River Greenway
Stadium/Amphitheater
YMCA Aquatic Center
It was advised that the following actions have been taken by Council:
485
City Council Budget Study for fiscal year 2002:
Increased the Cigarette Tax to provide $5.0 million in bond funding for
curb, gutter and sidewalk projects.
Approved a water rate restructuring plan to provide $5.445 million in
bond funding for the Crystal Spring Filter Plant.
Approved a financing strategy that increased bond financing for the
stadium/amphitheater project to $16.2 million.
Approved a $117 million update to the Capital Improvement Program
resulting in a five year $384 million program requiring bond financing
of $56,245,000.00 in fiscal year 2002 and $36,870,000.00 at a future date.
Authorized $700,000.00 in additional local cash funding for the Roanoke
Academy for Math and Science project.
A chart was reviewed showing fiscal year 2002-06 Capital Improvement
Program expenditure percentage by major category; i.e.: storm water management -
15 per cent, streets, sidewalks and bridges -20 per cent, schools - 16 per cent, civic
facilities - 6 per cent, parks - 5 per cent, water - 2 per cent, economic development -
14 per cent, buildings - 4 per cent, and sewer - 18 per cent.
Capital Improvement Pro~jram Expenditures and Bond Requirements include.:
Buildings
Economic Development
Shenandoah Parking Garage
Riverside Center for Research and
Technology
Parks
Schools
Roanoke Academy for Math
and Science
$15.6M
54.2M
2,500,000.00
12,000,000.00
19.2M
59.9M
4,600,000.00
Stormwater Management
Roanoke River Flood
Reduction
58.2M
7,500,000.00
Streets, Sidewalks & Bridges
Curb, Gutter and Sidewalk
77.8M
5,000,000.00
486
Civic Facilities Fund
Civic Center
Stadium/Amphitheater
Sewer Fund
Water Fund
Crystal Spring Filtration Plant
21.7M
2,170,000.00
17,030,000.00
69.8M
7.7M
5,445,000.00
TOTAL $ 384.0M
It was noted that funding for debt service on financing $56,245,000.00 on
bonds will be provided by:
$735,000.00 increase in cigarette taxes, $700,000.00 of utility tax
revenues dedicated to the Roanoke River Flood Reduction project,
designation of $570,000.00 of general revenues in each of the past two
fiscal years toward debt service on future bonds; increased civic center
revenues resulting from NBDL and SFX events, increased
Transportation Fund revenues resulting from parking fees from
Shenandoah Parking Garage and increased Water Fund revenues
resulting from water rate restructuring.
There was discussion with regard to the future financing plan for the
$36,870,000.00 General Obligation Bond issue for the next phase of ClP:
Art Museum/IMAX Theater
High School Facility Improvements
Neighborhood Storm Drain Program
New Police Building - Phase II
Parks Master Plan - Phase II
$ 3.7M
17.5M
2.0M
6.67M
7.0M
Funding for next bond issue to come from General Fund revenue growth reserved
each fiscal year for future debt service.
It was noted that the $36.9 million bond issue is anticipated to occur in early
calendar year 2004.
With regard to the City's bond ratings and bond issuance, it was advised that
a team of City staff met with three bond rating agencies in November 2001 to discuss
Roanoke's financial status; all three rating agencies retained the City's AA bond
rating; and a total of $56.245 million in bonds were sold.
$44.245 million in general obligation funds at 4.5 per cent
487
$12 million in qualified redevelopment bonds at 4.75 per cent
Discussion ensued regarding new capital projects under consideration by
Council:
Civic Center - Phase II
Fire-EMS Strategic Plan
*New Station #1 (Consolidate Stations #1 and #3
*New Station in Melrose Avenue area
(Consolidate Stations #5 and #9)
*New Station in northern Williamson Road area
(Relocate residential component of Airport Station)
$ 14,941,020.00
7,310,000.00
TOTAL
$ 22,251,020.00
Requests received for additional capital projects include:
Boys and Girls Clubs of Roanoke Valley, Inc.
*Donation of property plus 30 per cent of
construction cost
$ 1,650,000.00
Building Condition Assessment Program - Years I - 4
Connector Road from Ordway Drive to Frontage Road
Dumas Phase II Expansion Project
Percent for Art
Roanoke Redevelopment & Housing Authority - Low
and Middle Income Housing in Washington Park
Stormwater Management Projects - Years 1 - 5
Water Pollution Control Plant (City Share)
2,040,000.00
695,000.00
500,000.00
192,701.00
497,500.00
11,000,000.00
17,500,000.00
There was discussion in regard to the above referenced funding requests in
which it was noted that such requests should be screened by City staff prior to
presentation to Council based on certain established criteria. The City Manager
explained that the items represent a public list of all proposals received by the City,
she is prepared to make a recommendation to Council at the appropriate time on
those projects that should be included in the capital budget for next year, and
Council is requested to provide input relative to acceptable project(s), timing, etc.
She explained that Council was not being requested to approve the list at this time,
but she felt an obligation to advise Council of those requests that have been
received by the City to date.
488 -
Following discussion, it was the consensus of Council that establishment of
criteria for organizations submitting funding requests should be the topic of a future
Council work session.
The followin~ capital project funding options were reviewed:
Civic Center - Phase II
Total project cost - $14.9 million
Amount to be financed - $14.3 million
Annual debt service cost - $1,192,264.00
Possible funding sources:
*Additional Revenue from Operations
*5 per cent Capital Improvements Fee
'1.5 per cent increase in Admissions Tax
$482,012.00
346,685.00
363,567.00
(6.5 per cent tax rate city-wide - all new revenue would be allocated to
fund debt service for this project)
Council Member Bestpitch requested information on the total amount of
admissions taxes collected for civic center events, non-profit cultural events, and
other entertainment venues such as movie theaters, etc.
There was discussion in regard to capital project funding options for civic
center improvements; whereupon, some Members of Council requested more
information prior to voting on the proposed options. Another Member of Council
spoke to increasing civic center rental fees, or increasing the price of ticketed
events in lieu of raising the admissions tax.
The City Manager advised that the proposed increase in the admissions tax
at the civic center, only, was intended to place a fee on ticketed events; promoters
have indicated their thresholds in terms of what they are willing to pay and there is
a concern as to when promoters will choose to take their business to other
entertainment venues. She advised that City staff is of the opinion that users of the
civic center facility should pay for improvements, and suggested that Council
consider requesting the 2003 Session of the Virginia General Assembly to approve
the same Admissions Tax bill that was defeated at the 2002 Session of the General
Assembly.
Other capital project funding options discussed:
489
Fire-EMS Strategic Plan
*Project expenditure plan for the three new stations under
development - $7.3 million
*Cash funding of $800,000.00 available in CIP*New nationwide EMS fee schedule approved by Medicare
would generate additional revenue, if adopted by Council,
to help fund capital costs (Report to Council planned for
March 18)
Percent for Art
*Cost for current projects suggested by Percent for Art Committee
Civic Center - Phase I $ 34,850.00
Crystal Spring Filter Plant 57,851.00
Roanoke Academy for Math and Science 100,000.00
*Funding source - Capital Fund interest earnings
*Future projects recommended by Committee
Police Building - Phase II
Neighborhood Storm Drain Program
$ 42,500.00
20,000.00
There was discussion with regard to the intent of the Percent for the Arts
Program; whereupon, the City Manager advised that since adoption of Resolution
No. 33077-081996 by Council on August 19, 1996, there have been no allocations
under the Capital Improvements Program for this purpose. She noted that the
Roanoke Arts Commission has recently been energized on the issue and therefore,
brought the matter forward. She advised that clarification will be provided for
Council before any action is taken pursuant to the program.
*° A presentation was made on debt service and debt policy. Planned debt
issuance includes:
$36.9 million General Obligation bonds for the next phase of the CIP.
$20.5 million in Literary Loans/VPSA Bonds for Patrick Henry High
School renovations.
$14.3 million General Obligation bonds for Civic Center renovation.
$9.6 million VPSA/Literary Loans for Elementary School Improvements.
490 -
$40 million in General Obligation Bonds and Literary Loans/VPSA
Bonds for William Fleming High School.
Capital Leases.
Future Bond Issuance and Associated Financing Plan -$36,870,000.00 General
Obligation Bonds:
$36,870,000.00 General Obligation Bond issue by fiscal year 2004 for next
phase of ClP:
Art Museum/IMAX Theater
High School Facility Improvements
Neighborhood Storm Drain Program
New Police Building - Phase II
Parks Master Plan - Phase II
3.7M
17.5M
2.OM
6.67M
7.OM
Funding for next bond issue to come from General Fund revenue
growth reserVed each fiscal year for future debt serVice.
Future Bond Issuance and Associated Financing Plan - Patrick Henry
High School:
$20.5 million in VPSA Bonds or Literary Loans will also be issued
for the Patrick Henry Project between fiscal year 2005 and 2006
$7.5 million in Literary Loans expected in fiscal year 2005
$13.0 million in VPSA Bonds anticipated in fiscal year 2006
Funding for these bonds/loans will be provided by the Schools.
Mr. White inquired about the relationship of City and School funding of debt
serVice during the time that Patrick Henry and William Fleming High Schools were
constructed.
Future Bond Issuance and Potential Financincj Plan -$14.3 million Civic
Center Bonds:
$14,300,000.00 General Obligation Bond Issue in fiscal year 2003
for Civic Center Renovations.
· 491
Funding for debt service on this bond issue would come from the followin9
sources:
1.5 per cent increase in the Admissions Tax rate city-wide.
5 per cent Capital Improvements fee added to ticket prices for
events at Civic Facilities.
Net additional revenues from operations.
Future Bond Issuance and Associated Financing Plan - Elementary School
Renovations:
Literary Loans or VPSA Bonds of $4.8 million in each of fiscal
years 2005 and 2006 for elementary school renovations which
are to be paid by the Schools.
Future Bond Issuance and Associated Financing Plan - $40.0 Million William
Fleming Renovation:
Debt totaling $40 million will be issued beginning in fiscal year
2007 pertaining to the renovation of William Fleming High
School.
Assumptions for planning purposes are as follow-~:
*$20.0 million to be issued as fiscal year 2007 general
obligation bonds and paid by the City.
*$7.5 million Literary Fund Loans issued in fiscal year 2007 and
paid by the schools.
*$12.5 million in VPSA bonds also in fiscal year 2007 paid
by the Schools.
Future Issuance of Capital Leases:
Capital leases are considered tax supported debt of the City and are
typically funded by the General Fund.
Anticipated future capital leases are as follows:
492
*2002 Capital Equipment Lease - $1,157,500.00 total lease
requiring estimated annual debt service of $254,000.00 beginning
in fiscal year 2003.
*2003 Capital Equipment Lease - additional lease funding for
equipment and technology will be considered when developing
the fiscal year 2003 CMERP program subject to debt service
affordability in fiscal year 2004.
Assumptions on Debt and Fundinq of Debt Service:
*Historically, the City has funded debt service on General
Obligation Bonds, whether for City or School projects.
*The Schools have traditionally funded debt service on VPSA
Bonds and Literary Fund Loans.
*In analyzing tax burden, all such debt is considered tax
supported debt of Roanoke due to vesting of taxing authority in
the City.
*Generally, debt of Proprietary Funds (Water, Sewer, Civic
Center, Parking) is considered self-supporting and excluded
from debt burden calculations.
*General Obligation and Virginia Public School Authority bonds
were amortized using level principal and an interest rate of 6 per
cent.
*Literary Loans were amortized at an interest rate of 4 per cent.
*All debt amortized over 20 years except capital leases. These
have 3 to 5 year amortizations.
*Transfer to debt service is currently $12.7 million, it grows to
$18.1 million in fiscal year 2003 based on funds already allocated
for debt service.
*Assumed increase in transfer to debt service is an additional
$570,000.00 per year in fiscal year 2006, plus funding required for
capital leases.
493
Charts were reviewed regarding current and future General Fund debt service,
future General Fund debt service and planned transfer to debt service fund, General
Fund debt - current and future (City or school projects); School debt - current and
future (City or School projects); and future City and School debt service.
The following Debt Policies were reviewed:
*Non-proprietary general obligation debt service will not exceed 10 per
cent of General Fund expenditures.
*New bonded debt will not exceed 5 per cent of the assessed value of
real estate.
Net bonded debt is general obligation debt for the City and
School Board, exclusive of Proprietary Fund debt and the
amount available in the Debt Service Fund.
*Net debt per capita will not exceed $2,000.00.
At this point (11:35 a.m.), Council Member Bestpitch left the meeting.
There was discussion as to whether or not the $2,000.00 net debt per capita
will be adjusted due to inflation; whereupon, the City Manager advised that a
recommendation will be presented to Council during fiscal year 2002-03 budget
study.
Calculations were provided on the ratio of debt service to General and School
Fund expenditures (10 per cent); and ratio of net bonded debt to assessed value of
real estate (5 per cent); Net bonded debt per capita ($2,000.00) and Debt statistics
of certain urban cities.
Mr. White requested copy of the debt service policy of the following urban
cities: Hampton, Lynchburg, Newport News, Norfolk, Portsmouth and Richmond.
Following discussion, it was the consensus of Council that those jurisdictions
participating in the Virginia First Cities Coalition will be used for future
comparison/benchmarking purposes by the City of Roanoke.
At 12:00 noon, the Mayor declared the meeting in recess for lunch.
(Council Member White left the meeting.)
494 -
The meeting reconvened at 1:10 p.m., in the Buck Mountain Room at the Hotel
Roanoke Conference Center, with Mayor Smith presiding, and all Members of the
Council in attendance, with the exception of Council Members Bestpitch and White.
Staff of the Office of Management and Budget presented information on
management of financial resources through strategic planning, including Roanoke's
Vision, focus areas and strategic issues, Roanoke Vision Progress report,
Comprehensive Plan -Vision 2001, organizational restructuring, annual Citizen
survey, departmental Strategic Business Plans and Financial Planning Sessions;
and business planning, including the annual budget, monthly and annual financial
reporting, Capital Improvement Program, Capital Maintenance and Equipment
Replacement Program, financial policies, including Debt Policy and Debt, and Fee
and Revenue Compendiums.
Office of Management and Budget staff also reviewed the following budget
document and budget process benchmarking efforts:
*Benchmarking with best practices
National Advisory Council on State and Local Budgeting assesses the
budget process as to how well it helps to establish broad goals to
guide government decision-making, develop approaches to achieve
goals, develop a budget consistent with approaches to achieve goals
and evaluate performance and make budgetary adjustments.
Government Financial Officers Association evaluates the budget
document as a communications device, financial plan, operations guide
and policy document.
Information was provided on the fiscal year 2001 revenue performance
compared to the fiscal year 2002 adopted budget.
Status of the General Fund as of January 31, 2002, is as follows:
*Revenues have increased 2.2 per cent compared to fiscal year 2001
Increase of 4.6 per cent in real estate taxes leads revenue
growth, Sales tax down 3 per cent, cigarette and transient
increased due to rate changes. Cell phone, admissions
taxes also up.
495
Permit rate changes and new fees have generated
increased revenues from construction-related fees.
Revenues from Commonwealth have increased 2 per cent
since fiscal year 2001.
*Expenditures have increased 8.7 per cent compared to fiscal year
2001.
Largest factor is the single appropriation of CMERP
funding designated for capital expenditures during
September to simplify the administrative process
previously done incrementally during the fiscal year.
Salary increases (3.5 per cent), technology costs and
community development expenditures also contributed to
the increase.
General Fund bud~let Issues for fiscal year 200?:
*Reduction in state aid to localities due to revenue
shortfall for Commonwealth of Virginia.
*$2.0 million in expenditures are being held
administratively in fiscal year 2002 to offset a reduction in
state aid.
*Most significant reduction in state aid in current budget
bills affects HB 599 Funds - $252,000.00-353,000.00
reduction.
Impact of economic slowdown on local taxes.
*Continuing public/private investment may help to mitigate
this situation.
There was discussion with regard to HB 599 in which some Members of
Council were of the opinion that the citizens of Roanoke should be advised that by
decreasing funds to localities, the Commonwealth of Virginia is, in fact, cutting jobs
and Standards of Learning dollars, etc.
496 -
There was a review of current economic trends which include a weak or
fragile economy at the national, state and local levels: the recession has ended with
a 2 to 3 per cent economic growth predicted, consumer spending has held up
through the recession, business spending is down dramatically, there is a weak job
market, and the states' poor fiscal conditions; Iow interest rates, with favorable rates
for debt issuance, prime rate at 4.75 per cent (36 year Iow), Iow mortgage rates
sustaining housing market, Enron effect-credit tightening for companies, volatile
stock markets; and regional competition/regional cooperation through shopping
centers and superstores, industrial/research parks, and economic pressure for
regional cooperation.
A comparison was presented showing that the City of Roanoke leads all
Virginia MSA's in 2000 per capita taxable sales at $11,978.00; a list of MSA largest
private employers, with Carilion Health System ranking first with 6,236 employees;
a 1999 Roanoke City per capita income compared to certain other Virginia cities in
which the City of Roanoke ranked second at $25,600.00.
Charts were reviewed demonstrating fiscal year 2003 General Fund revenues,
fiscal year 2003 local tax revenues; General Fund revenues forfiscal year 2003 in the
categories of real estate tax, personal property tax, sales tax, utility tax, BPOL, meals
tax, intergovernmental and all other, showing an average 5 year growth totaling 4.4
per cent, a fiscal year 2003 projected total of $192,792,476.00, a fiscal year 2003
projected dollar growth totaling $1,446,379.00 and a fiscal year 2003 projected
percentage growth totaling .76 per cent.
The most significant state aid reductions for fiscal year 2003 are:
ABC/Wine Tax, Recordation Tax, Rental
Car Tax and Rolling Stock Tax
Constitutional Officers Expense
Reimbursement
Library Aid
HB 599 Law Enforcement Assistance
VJCCCA Funding
$ 175,000.00
907,000.00
18,000.00
335,000.00
240,000.00
TOTAL REDUCTIONS POSSIBLE
$1,675,000.00
Potential revenue initiatives were presented, i.e.: real estate, utility consumer,
cigarette, transient room, admissions, meals, E-911, motor vehicle decal, cable
television utility, and short term rental; and comparative local tax rates of the City
of Roanoke and other urban Virginia localities in the categories of real estate,
· 497
personal property and transient room, meals, admissions, phone E-911, vehicle
decal, cable television franchise and cable television utility, short term rental, and
cigarette.
Priority funding items for fiscal year 2003 are:
*Personal Services
*Operating Expenditures
*Capital Expenses/Debt Service
*Transfer to Roanoke City Schools
$ 1.9M
0.8M
0.8M
1.0M
TOTAL ANTICIPATED EXPENDITURES
LESS ESTIMATE REVENUES
Balancing Figure
$ 4.5M
1.4M
($3.1M)
It was noted that in anticipation of loss of revenue by the state, each City of
Roanoke department was requested to decrease their budget by five per cent.
New funding requests for fiscal year 2003 are:
*Blue Ridge Technical Academy - $100,000.00
per year for three years
$300,000.00
*Center in the Square - Increase in annual
funding from $200,000.00 to $218,000.00,
plus one time request of $250,000.00
268,000.00
*Conflict Resolution Center - Annually recurring
budget for mediation service for Roanoke's
courts due to state budget reductions
53,400.00
*New Century Venture Center - Annually
recurring budget of $100,000.00
100,000.00
*Roanoke Adolescent Health Partnership -
Annually recurring funding in the
range of $25,000.00 - $55,000.00
25,000.00-50,000.00
*Science Museum of Western Virginia -
Underwrite cost of current loan on
Megadome theater for term of loan in
498 ....
exchange for naming rights - $210,000.00
and underwrite educational staff salaries in
non-specified amount
210,000.00
Status of the School bud.cjet is as follows:
Total Revenue Increase - $ 1,648,428.00
- Local Revenue -
- State Revenue -
- Other Sources
$ 905,377.00
486,192.00
256,859.00
Highlights
- Average employee raise of 2.75 per cent
-Operating reductions total $639,000.00 (10.3 FTE)
Total of $218,000.00 allocated to budget priorities
- Assumption of local cost of Round Hill Montessori aides
- Enhanced retirement benefits for transportation employees
- Implementation of site-based Leadership Development Program
Unfunded Priorities - $325,000.00
- Improvement of employee salaries
Those items that were referred to the Financial Planning Session include a
request for information regarding funding for cultural organizations, a request for
information regarding funding for human services agencies, and discussion of
division of responsibilities among various departments and reporting relationships.
The City Manager advised that in view of time constraints and the absence of
two Council Members, it is anticipated that discussion of division of responsibilities
among various departments and reporting relationships will be discussed at the
Monday, April 1 City Council meeting.
Figures were provided with regard to the admissions tax in certain other
Virginia cities, the highest being 10 per cent in Chesapeake, Hampton, Norfolk,
Portsmouth and Suffolk, and the City of Roanoke at 5 per cent.
General Fund budgets for the following cultural and human services
agencies for fiscal year 2002 are as follows:
499
-Cultural Services
* 17 organizations receive funding ranging
from $1,875.00 to $85,000.00
$ 283,443.00
-Human Services
* 36 organizations receive funding ranging
from $1,000.00 to $45,800.00
474,769.00
TOTAL
$ 758,212.00
HUD budget for Human Services
'17 organizations receive funding ranging
from $9,000.00 to $43,000.00
357,369.00
*7 out of the 17 organizations have been funded
more than 5 years (6 to 10 year range) - total
annual cost for these agencies is $165,000.00
Impact of new HUD policy
*Programs funded for fiscal year 2003 eligible for
at most 2 more years of funding in reducing
amounts
*$25,000.00 minimum funding level
Admissions Tax increase options include:
1.5 per cent increase in Admissions Tax rate has been recommended
to fund Civic Center - Phase II project.
Each additional 0.5 per cent increase in Admissions Tax rate city-wide
would generate $82,000.00 in additional revenue.
50+per cent of additional tax revenue is estimated to be paid by non-
city residents because of the regional draw of the types of events for
which the tax would be collected.
Non-profit primarily cultural agencies collected over $122,000.00 in
Admissions Tax in fiscal year 2001 at the 5 per cent tax rate.
5OO
0.5 per cent increase in Admissions Tax rate = 11 per cent increase in
funding for Cultural and Human Services Committees.
Distribution of Additional Admissions Tax Revenue:
*Roanoke City Code Section 2-271(g) charges the Roanoke Arts
Commission with the duty to review requests for funding from private
cultural agencies, advise Council as to the merits of each request,
recommend funding allocations, and monitor results.
*Roanoke City Code Section 2-301(b) charges the Human Services
Committee with the duty to review requests for funding from private
social service agencies, advise Council as to the merits of each
request, recommend funding allocations and monitor results.
*Additional revenue from Admissions Tax rate increase could be
allocated to cultural and human services agencies by the Roanoke Arts
Commission and Human Services Committee.
*Staff can review the methodology used by these funding entities in
allocating funds for the fiscal year 2004 funding cycle - the same time
the new HUD funding policy begins to take effect.
The City Manager requested direction from Council as whether there is a need
to increase funding for cultural and human services agencies beyond that which has
been the traditional increase. She requested the opportunity to submit a
recommendation to Council during fiscal year 2002-03 budget study.
Prior to taking any action on increasing the Admissions Tax, Council Member
Harris requested a five-year history on ticket fees charged by cultural organizations.
In regard to those cultural organizations that are facing significant state
funding budget cuts, as a ball park figure, Ms. Wyatt discussed the feasibility of the
City providing one-half of the shortfall and the cultural agency providing the other
one-half.
The City Manager requested direction from Council in regard to funding for
human services agencies; whereupon, a suggestion was offered to review the
funding level under the new HUD policy allocations, compared with the current
funding level, with an eye toward incrementally funding the organizations in 2004 in
conjunction with established funding criteria.
501
The City Manager advised that Council has not officially adopted a capital
budget to fund $14.9 million in civic center improvements, and the City's proposed
fiscal year 2002-03 budget will include a Capital Improvements Program budget to
provide for civic center improvements through the following funding sources: a 1.5
per cent admissions tax increase, capital maintenance replacement fees which can
be implemented by the Roanoke Civic Center Commission, and retained earnings
from operations which can be addressed internally.
There was discussion with regard to decreased funding by the State for
Constitutional Officers; whereupon, the City Manager advised that at present, the
City is out of budget by $3.1 million; each City department was requested to submit
a budget with a 5 per cent reduction, and if every departmental budget with the 5 per
cent reduction were acceptable, the City's budget would still be out of balance by
$1.4 million, the City is challenged in fiscal year 2003 as to whether or not it will be
able to provide a pay increase for City employees; and it is expected that there will
be an even greater reduction in employees in fiscal year 2003 than in fiscal year
2002. She advised that information on State budget cuts should be available by
March 15 and will be promptly forwarded to Council.
Mr. Hudson expressed concern with regard to the spending practice of some
City department managers who purchase unnecessary items at the end of the fiscal
year because there may be excess funds in their departmental budget. He stated
that those purchases that cannot be justified should be denied.
A question was raised in regard to the $80,000.00 per month for the
Department of Social Services to occupy the former Seam building; whereupon, the
City Manager advised that the lease was drafted so as to provide that if State funding
is not available, the City will not be bound by terms of the lease. Additionally, she
advised that in the latter part of 2001, restrictions were placed on spending by City
departments in anticipation of funding difficulties, and the City is now in a total
hiring freeze in order to save money.
There being no further business, the Mayor declared the meeting adjourned
at 3:00 p.m.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
502
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 18, 2002
2:00 P. M.
The Council of the City of Roanoke met in regular session on Monday,
March 18, 2002, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, Linda F. Wyatt, William H.
Carder, W. Alvin Hudson, Jr., C. Nelson Harris, William White, Sr., and Mayor
Ralph K. Smith- · .............. 7.
ABSENT:None .................................................................................. ~.
(Council Member White left the meeting at the conclusion of agenda item 5.a.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend W. Ray Douglas,
Pastor, Price Memorial African Episcopal Zion Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS: None.
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 four requests for Closed Session.
5O3
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 4, 2002, were before the body.
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White, and
Mayor Smith ................................................................................................... -7.
NAYS: None .......................................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting a Closed Meeting to discuss disposition of publicly-owned
property, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended, was before Council.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss the disposition of publicly-owned property,
where discussion in open meeting would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White, and
Mayor Smith .................................................................................................... 7.
NAYS: None ......................................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL: A communication from the
City Manager requesting a Closed Meeting to discuss acquisition of real property for
public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711
(A)(3), Code of Virginia (1950), as amended, was before Council.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and
adopted by the following vote:
504 -
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White, and
Mayor Smith ............ 7.
NAYS: None
CITY ATTORNEY-CITY COUNCIL: A report of the City Attorney requesting a
Closed Meeting in order that Council may consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting in order that Council may consult with legal counsel
on a matter of probable litigation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted
by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White,
and Mayor Smith .......... 7.
NAYS: None--
CITY ATTORNEY-CITY COUNCIL: A report of the City Attorney requesting a
Closed Meeting in order for Council to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting in order for Council to consult with legal counsel on
a matter of probable litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White, and
Mayor Smith .............. -7.
NAYS: None---- --------0.
CiTY MANAGER-ENTERPRISE ZONE: A communication from the City Manager
advising that on January 1, 1984, the Commonwealth of Virginia designated
Enterprise Zone One, then known as the City of Roanoke's Urban Enterprise Zone;
on January 1, 1996, the Commonwealth of Virginia designated Enterprise Zone Two;
5O5
and the City's Department of Economic Development completed an evaluation of
local incentives for the City's two Enterprise Zones in 2001 and concluded that
amendments were needed to increase the effectiveness of the program, was before
Council. -'
It was further advised that in accordance with the Department of Housing and
Community Development's Virginia Enterprise Zone Program Regulations, the local
governing body must hold at least one public hearing before submitting an
application for amendments to the Department of Housing and Community
Development for approval; whereupon, the City Manager recommended that Council
authorize the City Clerk to advertise a public hearing on the above amendments on
Monday, April 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be
heard by the Council.
Mr. Carder moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris, White, and
Mayor Smith .............. . ....... 7.
NAYS: None 0.
REGULAR AGENDA
SCHOOLS: A communication from the City Clerk advising that the deadline
for receipt of applications for appointment to the Roanoke City School Board for two
three-year terms of office, commencing July 1,2002 and ending June 30, 2005, was
Friday, March 8, 2002, at 5:00 p.m., was before Council.
The City Clerk advised that applications were received from the following
persons:
James P. Beatty
Robert H. Bird
Carl D. Cooper
Edward Garner
William H. Lindsey
William E. Skeen
Robert J. Sparrow
506 -
Without objection by Council, the Mayor advised that the applications would
be received and filed.
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT: Vice-Mayor
Carder presented a communication advising that the City of Roanoke has struggled
to identify a memorial befitting Dr. Martin Luther King, Jr.; public debate on the issue
of renaming Orange Avenue saw polarization in the community, leaving the City
divided on the issue; and Council and the City Manager, in order to mend the fences
of division, sought to establish a committee with the assistance of the local branch
of the SCLC that would be charged with the goal of bringing forward to the City
Manager and to City Council a recommendation for a memorial to Dr. King, which
committee was established and its representation was diverse and reflective of the
diversity of the City.
He further advised that the committee met for over 18 months, solicited
opinions and suggestions through a variety of methods and made its
recommendation to the City Manager; i.e.: the renaming of Elmwood Park to Martin
Luther King Jr. Park, which recommendation was received with resistance from
some elements in the community, citing the historical nature of the Elmwood Park
name.
Vice-Mayor Carder explained that an alternative proposal was submitted to the
committee and to the SCLC; i.e.: that the north side of Elmwood Park consisting of
the lily ponds, bordered by Williamson Road, the Jefferson Lodge to Franklin Road
be designated as Martin Luther King, Jr. Plaza, and that the remainder of the park
would keep the name of Elmwood, which alternative was approved by the
committee, the local SCLC, the National Office of the SCLC, and the King Family
Foundation.
Vice-Mayor Carder expressed appreciation to the committee and encouraged
the Members of Council to adopt a measure designating the above referenced
portion of Elmwood Park as Dr. Martin Luther King Jr. Plaza, and refer design and
cost issues to the City Manager for review and recommendation to Council. He
stated that it has been said by some persons in the community that the memorial is
not befitting to Dr. King; however, he advised that the memorial itself has yet to be
designed and it is hoped that citizens and organizations will come forth to provide
assistance and input to the design process. He explained that the proposed plaza
is not contingent upon Bullitt Avenue going through to Williamson Road which can
be accomplished without the cut through of Bullitt Avenue.
5O7
Mr. Bestpitch offered the following resolution:
"A RESOLUTION renaming a portion of Elmwood Park the Martin Luther King,
Jr. Plaza, in honor of the slain civil rights leader."
Mr. Bestpitch moved the adoption of the abovereferenced resolution. The
motion was seconded by Mr. Carder.
Mr. W. G. Ammen, 3948 Greenlee Road, S. W., appeared before Council in
opposition to the proposal offered by Vice-Mayor Carder, and stated that there are
other sites and locations in the City of Roanoke that are worthy of Dr. King's name.
He expressed concern that the City Manager declined to provide him with the names
of the Dr. Martin Luther King, Jr. Memorial Selection Committee, and called attention
to a conflict of interest by the Vice-Mayor in his dual capacity as a member of City
Council and as a member of the memorial committee.
Mr. James R. Olin, 175 27th Street, S. W., suggested that the City honor Dr.
King in a way that will call attention to the location that is named in his honor. He
spoke in favor of the proposal of Vice-Mayor Carder, which recommendation has
been approved by the selection committee, and requested that Council support the
north side of Elmwood Park as abovereferenced by Vice-Mayor Carder as a proper
and tiffing memorial to Dr. King.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., expressed appreciation
to the memorial committee for its unanimous support of Vice-Mayor Carder's
alternative proposal. She advised that the citizens of the City of Roanoke have been
patient; in January 1998, the Southern Christian Leadership Conference (SCLC)
requested Council to designate an appropriate memorial in honor of Dr. King, in
January 1999, the SCLC requested that Route 460 to Eureka Park be named in Dr.
King's honor, the matter was referred to the City Planning Commission and on
November 15, 1999, Council directed the City Manager to appoint an ad hoc
committee which began meeting in the fall of 2000. She stated that there were no
preconceived opinions on what would be an appropriate location by members of the
committee, which consisted of leaders from all four quadrants of the City. She
called attention to an extensive campaign to garner public input, multiple ideas were
explored including the civic center, the Higher Education Center, the School of
Diversity within the Higher Education Center, the plaza at the Higher Education
Center, Eureka Park, Victory Stadium (present and future locations), Interstate 581,
the main library, the main post office, Lee Plaza, RNDC Plaza, Roanoke Academy for
Math and Science, and many others, and on April 3, 2001, the recommendation of the
memorial committee was submitted to the City Manager.
508 -
Ms. Brenda Hale, 3595 Parkwood Drive, S. W., advised that north Elmwood
Park is located in the heart of the City of Roanoke, but most of all, naming the north
side of Elmwood Park in honor of Dr. King will provide a profound legacy to the
youth of the City of Roanoke who treasure Dr. King's dream. She stated that the
Roanoke Valley community is representative of over 70 nations, therefore, the north
side of Elmwood Park is a tiffing location and an area that all persons can share and
appreciate because it is the right place at the right time.
Ms. Dorothy Moore, 1327 Moorman Road, N. W., spoke in support of the
recommendation of Vice-Mayor Carder.
Ms. Lee Walker, 1048 Hunt Avenue, N. W., spoke in support of naming the
north side of Elmwood Park in honor of Dr. King for the enjoyment of all persons as
they live and work together as one people.
Mr. Edward Mitchell, 1570 16t' Street, N. W., advised that the memorial
committee was requested by Council and the City Manager to recommend a tiffing
and appropriate location to honor Dr. King; the committee solicited data from
schools, colleges, and persons from outside the community and the committee
compiled all of the data into various categories. He stated that the goal of the
committee was not to place the memorial in a black community or a white
community, but at a location where people will come together in one common place;
and the memorial committee agreed that Elmwood Park provided the ideal location.
He advised that the memorial committee supports the alternative proposal, and
requested that Council designate the north side of Elmwood Park as a tiffing
location to honor the memory of Dr. King.
Mr. Troy Eichelberger, 1621 Downing Street, N. W., advised that Dr. King
represented freedom; those persons that the City honors reflect who we are as a
City, and that which is honored for the honoree reflects the City's respect for that
individual. He stated that Dr. King's name is written in eternity, but let the City of
Roanoke write his name the best way it can in time. He advised that if this is the
best the City of Roanoke can do, then let it be; however, the City can do better
because Dr. King was bigger and greater than the north side of Elmwood Park.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that without rules,
anything can happen. She inquired as to why Council is voting on this ill conceived
proposal which originated with another Member of City Council and is now brought
forth by Vice-Mayor Carder. She advised that it would be wonderful if the City of
Roanoke would honor Dr. King by establishing a proper and tiffing memorial
because his life and legacy will be known by generations yet to be born. She stated
that Dr. King is recognized throughout the world as a symbol of freedom, peace~ and
509
non-violence, and this ill conceived compromise of unevenly dividing Elmwood Park
is an insult to both Dr. King's memory and to the City of Roanoke, and could be seen
as a way to divide people which is the very concept that Dr. King worked so
diligently to erase. She urged that Council not accept the alternative proposal
because it appears that Council is unable to make a decision regarding a proper
memorial to Dr. King. She suggested that the voters of the City of Roanoke be
allowed to decide the issue based on the following locations: (1) Roanoke Civic
Center, (2) Roanoke Higher Education Center, and (3) the new stadium/amphitheater
to be constructed.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., referred to the untold number
of hours devoted by the Dr. Martin Luther King, Jr. Memorial Selection Committee
in reaching its recommendation. She inquired about the status of the original
unanimous recommendation of the memorial committee that Elmwood Park, in its
entirety, be named in honor of Dr. King; she inquired as to why the City Manager did
not send the original recommendation of the memorial committee to City Council;
what happened to the opportunist, who based on the proposal that Bullitt Avenue
be extended to Williamson Road, suggested a win-win compromise; and what
happened that a win-win concept would permit the library, the amphitheater and the
majority of park land on the south side to retain the name of Elmwood Park, while
the majority of park land on the north side would be named in honor of Dr. King,
which would consist only of a rectangular park containing lily ponds and a plaza,
bordered by two tall buildings. She asked what happened to the attempt to over
throw the authority given to the committee and why do Roanoke City officials
continue to compromise where the black community is always given the shortest
end of the stick.
Ms. Perneller C. Wilson, 3045 Willow Road, N. W., advised that Dr. King
wanted to be remembered as a drum major for righteousness, a drum major for
peace, and a drum major for justice. She stated that Roanoke's indecisiveness has
been going on for approximately three years, City leaders should be trying to solve
the racial problems in the City of Roanoke, and she will not continue to stand by and
see Dr. King's name drug through the mud in this City any longer.
Mr. Hudson advised that he has always been a strong supporter of Dr. King;
however, the north side of Elmwood Park does not provide a tiffing memorial to Dr.
King's memory. He stated that the City of Roanoke can do better, and for that
reason, he will not support the resolution. He expressed appreciation to the
memorial committee for its work.
Mr. White also thanked the members of the memorial committee. He stated
that he has been consistent in his opinion that the north side of Elmwood Park is not
510 -
the proper location to recognize Dr. King's memory, and many citizens have also
expressed their concern that it is an inappropriate location. Therefore, he advised
that he could not support the resolution.
Vice-Mayor Carder advised that since he was a member of the Memorial
Selection Committee, it was his responsibility to bring forth the alternative
recommendation. He called attention to resolutions adopted by Downtown Roanoke,
Inc., and the History Museum in support of the recommendation due primarily to
economic development issues. He stated that numerous suggestions were
considered by the committee and the committee, which is composed of
representatives from the entire community, was unanimous that the memorial
should be located at a site in the center city. He expressed frustration in that the
process will not end after today, someone will suggest a site or a location, a
committee will be appointed, the process will repeat itself with protests throughout
the community, and it will be impossible to reach unanimity in either the black
community or the white community. He explained that Council must make the
decision, and sometimes difficult decisions must be made which is the goal of
governing. He advised that it is unfair to say that the proposed location is not a
tiffing memorial to Dr. King because the type of memorial has not been determined.
He quoted Dr. King as saying, "The time is always right to do what is right."
Ms. Wyatt expressed appreciation to committee members for their time, effort
and dedication to the project. She stated that the committee initially made a
recommendation to name all of Elmwood Park in honor of Dr. King, and whether she
agreed or disagreed with the recommendation, that was the committee's best effort
and heartfelt decision; however, when there was disagreement in the community,
the committee compromised. She expressed concern that the committee
compromised because Dr. King was a man of principle and honor, and would not
compromise that which he believed in. She advised that until the community is
ready to honor Dr. King in the way in which he should be remembered, it is less than
honorable to do anything, and the honorable thing at this point is to do nothing. She
added that the City of Roanoke should take its divisiveness as a wake up call that
it has a long way to go when it comes to race relations and Council should take the
lead to address the matter.
The Mayor advised that the City has come a long way. He stated that the
alternative proposal is a compromise, which is what serving on City Council is
about - not compromising principles, but compromising for the good of the mass.
He stated that he supports the alternative proposal presented by Vice-Mayor Carder.
There being no further discussion, the resolution was lost by the following
vote:
511
AYES: Council Members Carder, Bestpitch and Mayor Smith
.3.
NAYS: Council Members Wyatt, Hudson, Harris and White
(At this point, Council Member White left the meeting.)
SCHOOLS: Sandra Burks, Director of Magnet Programs, Roanoke City Public
Schools, presented a briefing on the International Baccalaureate Programme (lB).
She advised that Roanoke City Schools is the only school district in the
Commonwealth of Virginia, and one of a few in the nation, to explore a K-12 lB
option, which includes a Primary Years Programme serving grades K-5, Middle
Years Programme serving grades 6 -10, and a diploma program for students in
Grades 11 and 12. She further advised that currently, the school district offers an
lB diploma program at William Fleming High School and a Middle Years Programme
housed at William Ruffner Middle School and William Fleming High School; the
school district has applied for a second Middle Years Programme at James
Breckinridge Middle School and will apply in June for authorization of a Primary
Years Programme at Highland Park Learning Center; and with the addition of these
two schools, more than 2,200 students in Roanoke City will participate in an
International Baccalaureate Programme this year.
Details of the International Baccalaureate Programme are as follows:
William Fleming High School offers the lB diploma, which is a
prestigious college-prep program that is recognized by colleges and
universities around the world; it was created by a non-profit
educational foundation based in Geneva, Switzerland, and is available
only at schools that have met the stringent academic requirements of
the lB organization; and it is currently available in 1,182 schools in 101
countries.
Initially funded through a Federal Magnet Schools Grant, the program
began during the 1994-95 school year when William Fleming High
School became an authorized lB site. Fleming is one of only three high
schools in Virginia to have the distinction of offering the lB diploma.
International Baccalaureate is different from other college-prep
programs in that it offers a rigorous, comprehensive study exceeding
the Virginia Standards of Learning, coupled with challenging, external
assessments. Courses include mathematics, sciences, social studies,
languages, technology and the arts. To earn the diploma, students
must take a minimum of six end-of-course examinations in a variety of
course work and earn a minimum of 24 cumulative points on a 1 - 7
512 -
point scale. In addition, students participate in the Theory of
Knowledge course called by many the "cement" of the lB program.
Theory of Knowledge examines the philosophical differences among
various systems of knowledge crossing all content areas. Students
are also required to submit an extended essay of some 4,000 words and
perform a minimum of 150 hours of community service.
Students may also choose to seek an lB certificate in a specific course.
The certificate is earned by participating in a specific lB course and
successfully passing the lB end of course exam. Many students
choose to participate in more than one lB course.
End-of-course exams by students at the end of their junior or senior
year are rated by over 3,400 lB examiners worldwide using an
international standard of excellence. Students who meet the scoring
criteria on the exams are awarded the lB diploma or certificates. Both
are recognized by colleges and universities worldwide, and diploma
graduates can be awarded sophomore standing in their first year of
college. Additionally, students have better opportunities for
scholarships and easier college admission.
In the spring of 1997, Roanoke City Public Schools' first lB graduating
class included one full lB diploma graduate and 19 students who
received lB certificates. The program is growing and currently, 286
students are taking lB classes in grades 6 - 12 and this spring six full
diploma graduates and 27 certificate students are anticipated.
The program also involves extensive teacher training in subject areas.
Since 1996, more than 161 Fleming-Ruffner and Breckinridge teachers
have participated in lB training, including more than 100 who have
attended workshops throughout the United States, as well as in Canada
and Puerto Rico. Subject area training is required because of the depth
of content delivered through the lB courses.
William Fleming recently completed the International Baccalaureate
Five Year Program Review and thus continues its status as a fully
authorized International Baccalaureate Organization school.
In 1998, William Ruffner Middle School became one of the first ten
schools in the country authorized to offer the lB Middle Years
Programme. The program offers a philosophical framework for
teaching various subjects in grades 6 - 10. The framework is organized
around three fundamental concepts: intercultural awareness,
513
communication and a holistic view of knowledge. The Middle Years
Programme is currently available at 47 authorized sites throughout the
nation. Henrico has the only other authorized Middle Years Programme
in the state.
In 1999, Roanoke City Public Schools received funding to apply for a
Middle Years Programme at James Breckinridge Middle School. The
district was awarded approximately $1 million in a three-year
"Innovative Programs" grant from the U. S. Department of Education.
The grant is intended to improve student achievement at Breckinridge
by establishing an lB Middle Years Programme and an after-school
tutoring program. Breckinridge is concluding the third and final year
of the grant. Unlike the magnet center, Breckinridge serves only
students living in its attendance zone; however, with the addition of
Breckinridge, both main feeder schools for Fleming will offer excellent
academic preparation for successful completion of high school.
Highland Park Learning Center, an elementary magnet school in old
southwest, is also in the process of applying for authorization to offer
an lB Programme. In September, 1997, the lB organization extended its
inquiry-based framework to youngsters ages 3 to 12 with its new
Primary Years Programme.
The program provides an international approach to learning based on
best research and teaching practices in use at schools around the
world. Using an interdisciplinary approach that combines primarilythe
subject areas of language arts and social studies, the Primary Years
Programme is organized around six essential questions: Who are we?
Where are we in place and time? How do we express ourselves? How
does the world work? How do we organize ourselves and how should
we share our planet? The staff at Highland Park has developed units
that revolve around these questions using the elementary curriculum
based on the Standards of Learning.
Currently, there are 13 authorized Primary Years Programmes in the
United States; however, dozens of schools throughout the nation have
already expressed interest in the program and are pursuing
authorization. Highland Park is completing its second-year of
implementation. Schools are required to implement the program for
two years prior to authorization. To date, all staff members have either
traveled to an International Baccalaureate workshop or participated in
on-site training. Authorization is contingent upon the district's meeting
the lB foreign language requirement. Additional resources are difficult
514 -
to fund given current budget constraints; however, the district
continues to explore ways to deliver foreign language to Highland Park
in 2002-2003 so that the school may be authorized as an International
Baccalaureate Primary Years Porgramme.
The lB program affords unlimited opportunity for the students of
Roanoke City to compete and succeed on equal footing with students
from around the world. Students participating at the middle school and
high school levels presented remarks in regard to the merits of the lB
Programme.
Students participating at the middle school and high school levels
presented remarks in regard to the merits of the lB Programme.
Without objections by Council, the Mayor advised that the briefing would be
received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
LIBRARIES-OUTDOOR DINING: The City Manager introduced a briefing on
outdoor dining to be presented by Sally Sappenfield, Economic Development
Specialist.
~*~ Ms. Sappenfield advised that based on requests from area restaurants and the
success of other cities regarding outdoor dining, research was conducted with the
goal of implementing a program for restaurant owners to use the public right-of-way
in designated areas of the City of Roanoke. She stated that the core of Roanoke
offers a dynamic mix of office, commercial, retail, hotel, convention and
entertainment uses, and outdoor dining is seen as a cultural asset to residents and
visitors, and a potential to increase business for restaurants; therefore, retaining
and expanding businesses creates a vibrant downtown atmosphere. During the
research phase of the program, she advised that meetings were held with
representatives of Downtown Roanoke, Inc., restaurant owners and City staff to
determine the needs and other potential locations in Roanoke, other cities were
researched, such as Charlottesville, Norfolk, and Richmond regarding code
provisions, outdoor dining applications, and implementation. She noted that such
issues as ADA compliance, provision of adequate sidewalk space, Alcoholic
Beverage Control Board requirements, Department of Health requirements, policing
515
policies, fire marshal approval of all engineering drawings to date, refuse collection
issues, street cleaning and timing, and traffic and safety issues for pedestrians and
restaurant patrons, were addressed. Ms. Sappenfield explained that Section 30-9.1
of the City Code will require amendment in order to provide for outdoor dining, along
with development of an outdoor dining permit application. She added that outdoor
dining is proposed in all commercial districts in the City of Roanoke on designated
sidewalks and streets, with exceptions in the City Market area inasmuch as the
farmer's market occupies the area from 5:00 a.m. to 6:30 p.m., Monday - Saturday.
She advised that the permit application requires that the restaurant owner submit
a description and drawings of furniture, etc., to be used in connection with the
outdoor dining area for the City Manager's approval; and the application fee is
$75.00 plus a square foot rate (first year $6.50, second year $7.00 and third year
$8.00 and for every year thereafter which averages approximately $.67 per square
foot per month)on a first come, first served basis. She added that outdoor dining will
be allowed from 7:00 a.m. to 3:00 a.m. on the following morning, restaurants will be
required to abide by all rules and regulations regarding zoning, Board of Health,
Alcoholic Beverage Control Board laws, etc., they will be required to keep the area
clean, and to provide a $1 million insurance policy on the outdoor dining location
which would be a rider on the current insurance policy. She stated that the goal of
outdoor dining is to increase options for diners, to improve the overall vitality of the
City, to be revenue neutral, to retain and expand businesses, and to provide an
increase in the meals tax. She advised that on March 12, 2002, Downtown Roanoke,
Inc., voted to support the proposed ordinance amendment to allow outdoor dining
and some businesses in the City Market area have already indicated a willingness
to participate in the program.
Logan Forsythe, representing the Board of Directors, Downtown Roanoke,
Inc., spoke in support of outdoor dining in the core area of downtown in the
business district surrounding the City Market area. He advised that outdoor dining
will be a significant enhancement to downtown opportunities, which translates into
higher meals tax revenues, and an enhancement to the overall flavor of the City
Market area.
In addition to the City Market area, Vice-Mayor Carder advised that outdoor
dining will apply to other commercial neighborhood districts throughout the City.
He inquired about the Century Plaza area; whereupon, the City Manager advised that
it is tentatively scheduled to present an amendment to the ordinance that would
allow outdoor vendors in select locations, and initially at the Century Plaza location,
for consideration by Council at its meeting on Monday, April 1, 2002.
The Mayor stressed the need to work with merchants currently operating in
the City Market area. He stated that the City Market has served as an anchor for the
516 -
downtown area for many years and the City should do everything it can to protect
the farmer's market.
Mr. Bestpitch suggested that a restauranteur be encouraged to develop a
restaurant on property along the Roanoke River for outdoor dining purposes. He
advised that the Roanoke River is a resource that has not been utilized to its fullest.
Mr. Harris advised that he has received numerous telephone calls from
farmers doing business on the City Market who have expressed issues of concern
and requested that City staff meet with the farmers to address their
questions/concerns. He inquired if customers will be required to order food along
with drinks, or if the option will be available to order drinks only; and suggested that
other Virginia localities be surveyed.
Ms. Wyatt spoke in support of the concept of outdoor dining; however, she
advised that she would like the assurance that citizens engaging in outdoor dining
will feel comfortable in the outside dining environment and that safeguards will be
enacted to protect the rights of people to enjoy their meal in peace and quiet.
The City Manager introduced Wlodek Zaryczny, Director of Libraries, who
presented a proposal regarding inside and outside dining at the Main Library, which
is viewed as an extension of the concept to make downtown Roanoke a more
vibrant area and to increase the constituencythat is supportive of what is happening
at the Main Library.
Mr. Zaryczny advised that for the City of Roanoke to be successful in the new
century, it must look for new opportunities to do business, to see old places in a
new way and to recognize and to celebrate Roanoke's urban uniqueness. He
advised that the shared vision of the Roanoke Public Library is to insure that every
citizen is satisfied with library services and to contribute to the economic
development of the City of Roanoke and the Roanoke Valley.
He reviewed programs conducted by the library, i.e.: Poetry Slam, computer
lab, Dr. Seuss Celebration 2002, Author and Artist Series, Library Book Festival,
participation in area parades and Festival in the Park, just to name a few. He advised
that the library has received publicity through a library show on RVTV, The Roanoke
Times, and on air opportunities via radio and television. He stated that some
orgahizations using the services of the library are Library Volunteers, Raleigh Court
Garden Club, Historic Gainsboro Committee, Local Colors, NAACP Committee,
Virginia Cooperative Association, and Southwest Genealogical Association; and
support services include the Roanoke Public Library Board which is appointed by
City Council, the Roanoke Public Library Foundation, and Friends of the Library, and
517
called attention to an upcoming retreat by the Library Board and the Library
Foundation to review operations.
The City Librarian presented information with regard to two separate projects,
both of which fall under the category of eateries: i.e.: a library caf~ and a patio
restaurant. He advised that libraries throughout the country are opening cafes
which have been successful and colorful, with remodeling costs, traffic, advertising,
etc., to be funded by the vendor. He stated that Roanoke's library caf~ cou!d be
located on the Bullitt Avenue side of the library (north side) which would serve as
an indoor/outdoor cafe, with an awning that would extend from the top of the
building to the street, containing an entrance from the inside of the building as well.
He explained that computers will be provided inside of the caf~ and the City of
Roanoke will be a trend setter becoming the first library in the country to have
computers installed inside its cafe. He advised that a used book shop is also
proposed, along with a museum-type gift shop to be operated by Friends of the
Library.
Secondly, be presented a drawing of the proposed patio restaurant, the
benefits of which will be increased customer satisfaction, increased library usage,
increased library constituency, provide a connection with the City Market area,
provide a tourist attraction and destination point, complement other outdoor dining
efforts, and position the City of Roanoke as a trend setter. He stated that the Bullitt
Avenue caf~ is projected to cost approximately $70,000.00 and the patio restaurant
is projected to cost $145,000.00; and a request for proposals/specifications will be
issued to provide that selected vendors will be responsible for assuming all
remodeling costs.
Ms. Wyatt inquired about the status of the iMAC computers which were
installed in the libraries; whereupon, Mr. Zaryczny advised that previously no
support service was available; however, the Library's automation coordinator is
currently involved in a project to place the iMac computers on line in the branch
libraries. Ms. Wyatt called attention to an individual who has offered to work free of
charge on the iMAC computers; whereupon, Mr. Zaryczny advised that he would
contact the individual.
Mr. Harris inquired about the status of complimentary parking for library
patrons which was available on the upper level of the parking lot across the street
from the Main Library; whereupon, Mr. Zaryczny advised that the parking
arrangement costs between $5,000.00 and $6,000.00 per year; therefore, in lieu of
cutting library staff, it may be necessary to discontinue the parking arrangement,
with AIIright Parking.
518 -
There being no further questions or comments, and without objection by
Council, the Mayor advised that the briefings would be received and filed.
RESIDENTIAL PARKING: The City Manager introduced a briefing with regard
to providing special parking arrangements for those individuals residing in the
downtown area; whereupon, she called upon Robert K. Bengtson, Director of Public
Works, to present details of the program.
Mr. Bengston advised that in 1998, representatives of Downtown Roanoke,
Inc., and City of Roanoke staff met with downtown housing developers regarding the
need for downtown residential parking, and developers identified parking as being
critical to the success of downtown living. He further advised that this led to a
strategy where downtown residents would be allowed to park free of charge in City-
owned parking garages which was approved by City Council on July 1, 1998, for a
period of three years; at the end of the three-year period, a total of 18 residents took
advantage of these parking provisions, and since that time, City staff and
representatives of Downtown Roanoke, Inc. have evaluated parking strategy in
conjunction with other measures to further improve downtown parking. He stated
that on October 18, 2001, Council adopted a measure that provided certain Roanoke
neighborhoods with a process to create on street parking for residents only,
pursuant to conditions that meet certain criteria through purchase of a residential
parking permit for the street; and, to date, no groups or organizations in a
neighborhood have made application under the process.
Mr. Bengtson noted that City staff has now developed a parking plan for
downtown residents which received input from residents, business owners and
representatives of Downtown Roanoke, Inc. He called attention to the need to
provide parking benefits that would serve as an incentive for moving to and
remaining in downtown Roanoke, and developers of downtown housing continue
to seek assurance that more opportunities for residents to park downtown will be
available which helps to secure financing for residential projects. He explained that
residents have identified four issues that are important to any decision to move
downtown: (1) the need to increase the availability of parking or loading zones,
especially between the hours of 6:00 a.m. and 6:00 p.m., (2) unrestricted parking in
timed parking spaces for nights and weekends, (3) continuation of free parking in
City-Owned parking garages, and (4) an enhanced feeling of security alon~j the
walking paths between residences, parking areas and parking garages. In response
to these issues, he advised that City staff has recommended that permit parking be
established in strategic locations for the use of residents purchasing a permit, while
existing timed parking would remain in effect at these locations for use by vehicles
without a permit. He noted that the permitted vehicle would have the convenience
of two hour parking in any permit parking zone, Monday through Friday, 6:00 a.m.
519
to 6:00 p.m., and would further allow a downtown resident to park from 4:00 p.m. to
8:00 a.m. the following morning without having to move their vehicle. He advised
that City staff recommends re-establishing the previous free parking program for
residents in the downtown parking garages which provides residents with the ol~tion
of 24 hour uninterrupted parking when the convenience of on street parking is not
necessary; and there will also be a need to continue to provide appropriate safety
measures in the parking garages and along the walking paths to and from
residences.
Mr. Bengtson advised that City staff recommends a $5.00 fee per residential
unit, with a limit of one permit per licensed resident. He stated that as Roanoke
strives for a 24 hour downtown, thereby creating more critical mass for the
betterment of all downtown residents, businesses and tourist destinations, there is
a recognition that the number of downtown residents, currently numbering
approximately 50, needs to grow and while it is desirable that downtown businesses
and residents co-exist, there is clearly a need to assist the downtown housing effort
by providing more convenient residential parking if the projection of 300 downtown
residential units is to be attained at some point in the future. To do so, he advised
that the City can proceed with either a broader parking plan for near'..',erm
development of these additional housing units, or, based on a plan that addresses
only current residents, revise the plan as additional units develop, and City staff is
prepared to implement either approach based on the wishes of Council. He stated
that a recommendation will be presented to Council at its meeting on Monday,
April 1, 2002.
Vice-Mayor Carder and Council Member Harris suggested that the program be
implemented as broadly and as inclusively as possible and not be tied to current
downtown Roanoke residents.
There being no further questions or comments, without objection by Council,
the Mayor advised that the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
TOWER PARKING GARAGE-FIRST UNION NATIONAL BANK: The City Manager
submitted a communication advising that the City of Roanoke and First Union
National Bank entered into a Parking Agreement in October 1998 for provision of 200
parking permits in the Tower Parking Garage for its full time employees who work
in the City's Enterprise Zone One; the Agreement was renewed in 1999 and 2000,
with an expiration date of December 15, 2001, and did not provide for any further
extensions; First Union National Bank has requested that the City consider a new
parking agreement for the provision of 175-200 parking permits, effective
520 -
retroactively from December 16, 2001 until December 15, 2002, in order to help
maintain employees within the City's Enterprise Zone One; and the agreement shall
allow for up to two one year extensions, upon mutual agreement of the City and
First Union National Bank.
It was further advised that the Parking Agreement will allow the bank to
purchase 175 parking permits for the Tower Garage, or such other City
owned/controlled parking facility which may be mutually agreed upon by the City
and First Union National Bank, at a monthly rate of $45.00 per parking permit per
month and for the purchase of up to 25 additional permits in City owned or
controlled parking facilities, as determined by the City should the permits be
needed; the $45.00 per permit rate is an increase over the $40.00 rate contained in
the previous parking agreement and provides a contributing factor for FUNB to
maintain 175-200 qualifying positions within the City's Enterprise Zone One; annual
reporting is required in order to assure that First Union National Bank maintains its
employment commitments; and failure to meet these commitments would require
the repayment of the difference between the contracted rate and the published
monthly parking rate for the garage for which the permits were issued as more fully
set out in the draft Parking Agreement.
The City Manager recommended that she be authorized to enter into a one
year Parking Agreement with up to two one year renewals, effective retroactively
from December 16, 2001, with First Union National Bank for the provision of 175-200
parking permits, in order to help in efforts to retain full time First Union National
Bank employees in Enterprise Zone One in downtown Roanoke, and that the City
Manager be further authorized to take such action and to execute such documents
as may be reasonably necessary to provide for implementation and administration
of the Parking Agreement, including the authority to renew said agreement for up to
two renewal periods. .'
Mr. Bestpitch offered the following resolution:
(#35768-031802) A RESOLUTION authorizing the City Manager to execute a
new Parking Agreement between the City and First Union National Bank (FUNB) to
become effective retroactively to December 16, 2001; and authorizing the City
Manager to renew the Parking Agreement for up to two additional one year periods.
(For full text of Resolution, see Resolution Book No. 65, page 460.)
Mr. Bestpitch moved the adoption of Resolution No. 35768-031802. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith 6.
NAYS: None 0.
(Council Member White was absent.)
BUDGET-ROANOKE CIVIC CENTER-CAPITAL IMPROVEMENTS PROGRAM:
The City Manager submitted a communication advising that several equipment
purchases and projects are needed at the Roanoke Civic Center in order for the Civic
Center to provide expected levels of service, to meet new security standards, to
provide appropriate maintenance, and to provide necessary equipment storage;
therefore, it is necessary to appropriate funds from Prior Year Retained Earnings
to provide for acquisition of the following items:
Storage Building to provide for storage of
Coliseum Equipment
Dasher Boards for Arena Football2
Exit Devices to provide locks on Coliseum
Interior Doors
Stage Barricade for concerts
3 Xenon follow spotlights for Coliseum
2 Concession Carts
500 folding chairs with dollies
Sweeper/scrubber
Carpet Extractor
Walk Behind Scrubber
Coin Machine & 2 Credit Card Machines
Defibrillator
$ 90,000.00
13,500.00
17,210.00
15,000.00
35,000.00
3,600.00
29,209.00
8,868.00
1,617.00
3,783.00
3,000.00
3,000.00
522
Kitchen Equipment 1.00
Total ~
It was further advised that items or projects to be acquired either have already
been bid or will be bid in accordance with the procurement section of the Code of
the City of Roanoke; whereupon, the City Manager recommended that Council
appropriate $235,000.00 from Prior Year Retained Earnings accounts, as follows:
$ 220,000.00 to Civic Center Account No. 005-550-2108-9015
$ 15,000.00 to Civic Center Account No. 005-550-2105-2035
Mr. Bestpitch offered the following emergency budget ordinance:
(#35769-031802) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 461.)
Mr. Bestpitch moved the adoption of Ordinance No. 35769-031802. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris
and Mayor Smith. · ............. -6.
NAYS: None ............ --0.
(Council Member White was absent.)
BUDGET-WILLIAMSON ROAD PARKING GARAGE-GRANTS: The City Manager
submitted a communication advising that original construction of the Williamson
Road Parking Garage was partially funded with Community Development Block
Grant (CDBG) funds; and in recognition of this use of Federal funds, an annual
payment is made back to the City's Grant Fund based upon a percentage of the net
income which is generated by the garage, which payment is program income to the
Grant Fund.
It was further advised that fiscal year 2002 expense budget for the garage
allocated $107,341.00 to meet the payment requirement; annual calculation is based
upon income from the garage generated in fiscal year 2001; based upon actual
inco'r~e generated in fiscal year 2001, the payment due is $130,998.00; and in order
to make the required payment, $23,657.00 must be appropriated from Transportation
Fund Retained Earnings to supplement the $107,341.00 budgeted.
523
The City Manager recommended that Council approve appropriation of
$23,657.00 from retained earnings of the Transportation Fund, to fund the full CDBG
payment due for fiscal year 2002 for the Williamson Road Parking Garage.
Mr. Harris offered the following emergency budget ordinance:
(#35770-031802) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Transportation Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 462.)
Mr. Harris moved the adoption of Ordinance No. 35770-031802. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith ......................................................................................................... 6.
NAYS: None ........................................................................................ -0.
(Council Member White was absent.)
BUDGET-WESTERN VA FOUNDATION FOR THE ARTS AND SCIENCES-TEA-
21-ROANOKE PASSENGER STATION RENOVATION PROJECT: The City Manager
submitted a communication advising that the Western Virginia Foundation for the
Arts and Sciences (WVFAS) received notification in 2001 that its application for
Transportation Enhancement funds through the Transportation Equity Act for the
21st Century (TEA-21) for the Roanoke Passenger Station Renovation Project was
approved in the amount of $488,000.00; the City of Roanoke subsequently entered
into separate agreements with the WVFAS and the Virginia Department of
Transportation (VDOT), which define responsibilities of each party, as previously
authorized by Council; the Western Virginia Foundation for the Arts and Sciences
would be responsible for the match requirement of $122,000.00; and the $488,000.00
of TEA-21 Enhancement funds need to be appropriated (to be reimbursed by VDOT)
to project account # 008-530-9900-9007 for disbursement to the WVFAS.
The City Manager recommended that Council appropriate $488,000.00 of TEA-
21 Enhancement funds (to be reimbursed by VDOT) to project account # 008-530-
9900-9007 for disbursement to the Western Virginia Foundation for the Arts and
Sciences and establish a revenue estimate in the same amount for State
reimbursement through the TEA-21 program.
524 -
Mr. Hudson offered the following emergency budget ordinance:
(#35771-031802) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 463.)
Mr. Hudson moved the adoption of Ordinance No. 35771-031802. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith ..................................................................................................... -6.
NAYS: None ................................................................................. -0'
(Council Member White was absent.)
BUDGET-BRIDGES: The City Manager submitted a communication advising
that annual bridge inspection reports identified Memorial Bridge, Structur~ No.
1826, as being in need of major repair; and design of the necessary rehabilitation
has been completed and the project has been bid, with MBC Construction, Inc.,
submitting the Iow bid, in the amount of $1,147,789.75, for a construction time of
270 consecutive calendar days.
It was further advised that funding in the amount of $1,272,568.00 is needed
for the project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including advertising, printing, test services, minor
variations in bid quantities, unforeseen project expenses and an estimated
$10,000.00 for Norfolk Southern Railway flagging services; and funding is available
as follows:
Public Improvement Bonds - Series 1999
Account No. 008-052-9709-9190
$ 888,931.00
Hunter Viaduct
Account No. 008-052-9636-9003
279,813.00-
Broadway Street Bridge
Account No. 008-052-9683-9001
35,441.00
525
Memorial Bridge Rehabilitation
Account No. 008-530-9772-9003
68,383.00
Total $1,272,568.00
The City Manager recommended that Council accept the bid of MBC
Construction, Inc., in the amount of $1,147,789.75, with 270 consecutive calendar
days of contract time; that all other bids received by the City be rejected; and
transfer funds in the amount of $1,204,185.00 to Capital Projects Fund Account No.
008-530-9772, Memorial Bridge Rehabilitation.
Mr. Carder offered the following emergency budget ordinance:
(#35772-031802) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 464.)
Mr. Carder moved the adoption of Ordinance No. 35772-031802. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith .................................................................................................... -6.
NAYS: None.
(Council Member White was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35773-031802) AN ORDINANCE accepting the bid of MBC Construction, Inc.,
for the rehabilitation of Memorial Bridge, Structure Number 1826, 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. 65, page 466.)
Mr. Bestpitch moved the adoption of Ordinance No. 35773-031802. The motion
was seconded by Mr. Carder and adopted by the following vote:
526 -
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith ~'
NAYS: None
(Council Member White was absent.)
STREET LIGHTS-BUDGET-AMERICAN ELECTRIC POWER-RNDC: The City
Manager submitted a communication in connection with infrastructure
improvements to the Greater Gainsboro Redevelopment area, Phase II.
The City Manager referred to a communication from Charles A. Price, Jr.,
Chair, Roanoke Neighborhood Development Corporation (RNDC), advising that
RNDC has not had an opportunity to review or provide input regarding those items
contained in the City Manager's communication prior to completion of the bid
documents; therefore, RNDC requests that action by Council on the City Manager's
communication be deferred.
The City Manager advised that City staff met with representatives of the
Roanoke Neighborhood Development Corporation on August 16, 2001, and
discussed a plan to move forward on Phase II improvements, leaving a balance for
Phase III that would address those improvements immediately around the RNDC
project, and City staffwas of the understanding that RNDC was in agreement since
no feedback was received on bid specifications. She advised that since there is an
interest on the part of RNDC to review the matter one more time, it is requested that
Council defer action on the communication until the Council meeting to be held on
Monday, April 1, 2002.
The Mayor advised that without objection by Council, action on the matter
would be deferred until the regular meeting of Council on Monday, April 1, 2002, at
2:00 p.m.
FEE COMPENDIUM-EMERGENCY MEDICAL SERVICES: The City Manager
submitted a communication advising that in July 1989, the City of Roanoke
implemented an EMS User Fee in an effort to offset the rising cost of providing
emergency medical services in the City of Roanoke; in July 1993, Council approved an
EMS fee schedule adjustment to cover additional staffing costs associated with
providing services; and staffing increases were necessary due to a reduction in
volunteer resources and an increase in service demand.
527
It was further advised that the City of Roanoke establishes its EMS fee schedule
based primarily on the region's Medicare allowances; current EMS fees are $145.00 for
basic life support (BLS) transports and $290.00 for advanced life support (ALS)
transports with a two-tier fee structure, with mileage charged separately at $9.00 per
loaded mile; effective April 1, 2002, Medicare will increase its reimbursement for EMS
transport; after a two-year process, Medicare has approved a nationwide fee schedule
that all EMS providers must accept if they wish to maximize Medicare reimbursement,
which fee schedule and structure is based on a patient's needs, condition and treatment
requirements; and the five-tier fee structure required by Medicare allows the fee to more
accurately reflect actual services rendered.
It was explained that the City of Roanoke needs to adopt the new fee schedule
in order to maximize Medicare reimbursement; currently, Medicare accounts for 44 per
cent of the City's EMS fee revenues; the new fee schedule will allow for a more
accurate reflection of services rendered and resources required to care for patients;
and Medicare is requiring a five-tier fee structure as follows:
Basic Life Support- Non-Emergency
Basic Life Support - Emergency
Advanced Life Support- Non-Emergency
Advanced Life Support - Emergency
Advanced Life Support- Level II *
* Medicare is proposing a higher reimbursement rate for ALS Level II
because it applies to patients who are critically ill requiring more
resources and treatment in such cases as cardiac arrest, multi-system
trauma, respiratory arrest, etc.
It was advised that the percentage of EMS fees paid by citizens (out-of-pocket)
is projected to remain the same with the new fee structure; currently, citizens pay less
than eight per cent of the total annual EMS fees out-of-pocket; and the City's EMS billing
contractor will continue to work with citizens to maximize insurance reimbursement and
to make fee adjustments, in accordance with Medicare regulations, in order to minimize
out-of-pocket expense.
The City Manager recommended that Council concur in the following fee
schedule recommended by Quantum Medical, the City's EMS billing contractor, and
using the required five-tier structure, which will allow the City to maximize Medicare
reimbursement:
528 -
Service Level
Basic Life Support
Non-Emergency
Current Current New Proposed
Medicare EMS Fees Medicare EMS Fee
Allowance
Allowance
NA $145.00 $170.54 $175.00
Basic Life Support
Emergency
$114.00 $145.00 $272.86 $280.00
Advanced Life
Support
Non-Emergency
NA $290.00 $204.65 $210.00
Advanced Life
Support
Emergency
$290.00 $290.00 $324.03 $330.00
Advanced Life
Support
Level2
NA $290.00 $468.99 $475.00
It was explained that the percentage of EMS fees paid by citizens (out-of-pocket)
is projected to remain the same with the new fee structure, which is less than eight per
cent of total annual fees collected; the new fee schedule, if approved, will become
effective April 1; it is estimated that the City could realize a revenue increase of
$165,000.00 during the first year fiscal year (2002-03) and a graduated increase to
$655,000.00 in EMS fee revenue as the new Medicare allowance matures in fiscal year
2006-07; and the additional revenue could be used to fund debt service on the
construction cost of new Fire-EMS stations as proposed in the Council adopted Fire-
EMS Strategic Business Plan.
Mr. Carder offered the following resolution:
(#35774-031802) A RESOLUTION establishing certain fees for the provision of
certain emergency medical services; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 65, page 467.)
Mr. Carder moved the adoption of Resolution No. 35774-031802. The motion was
seconded by Mr. Bestpitch.
~ Mr. Hudson inquired as to how the new rates will impact those persons who
cannot afford to pay for the service; whereupon, the City Manager advised that under
current rates, 44 per cent of all bills received by the City come from Medicare, another
43 per cent come from other insurance providers, therefore, only eight per cent of the
bills can be attributed to out-of-pocket expenses by citizens. She explained that the
529
new system proposed by the Federal Govemment provides for five levels of service
versus two, which will provide more latitude in the billing for actual service. In
summary, she advised that under current expectations and past experience, 92 per cent
of all bills received by the City are insurance paid and not out-of-pocket expenses from
the citizen.
Mr. Hudson expressed concern for the eight per cent who may not be able to pay
for the service; whereupon, the City Manager responded that the City does not collect
on all bills and there are a number of fees that are written off on an annual basis as
uncollectible, which generally occur in those situations where the individual does not
have health insurance or the financial ability to make payment. She stated that the City
is trying to take advantage of a Federal change that increases the rates.
Mr. Hudson inquired as to the percentage that is written off by the City when the
client cannot afford to pay.
Ms. Wyatt advised that in reviewing the Medicare allowance and the proposed
fee, there is a difference in the range of $4.00- $8.00 which will be billed to the client,
and inquired as to the cost effectiveness when considering staff time, etc. The City
Manager responded that under the current Medicare allowance, there is a $31.00
difference for basic life support and although the new Medicare allowances are more
realistic in acknowledging the true cost to deliver the service, there is more work to be
done.
Ms. Wyatt advised that in view of staff time etc., the client billing of $4.00 - $8.00
fees will not be cost effective, and she would support the new Medicare allowances
only.
There being no further discussion, Resolution No. 35774-031802 was adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Hudson, Harris and Mayor Smithm-5.
NAYS: Council MemberWyatt
(Council Member White was absent.)
HOUSING/AUTHORITY-CONSULTANTS REPORTS-STREETS AND ALLEYS
BULLITT/JAMISON PILOT PROJECT: The City Manager submitted a communication
advising that on September 17, 2001, Council adopted the "Policy on HUD Funds," one
provision of which is the targeting of said funds to create demonstrable and visible
impact; the initial targeting activity under the policy was presented to Council ._~t its
October 29, 2001, work session and involved a multi-faceted approach to the needs of
an area bordered by Bullitt and Jamison Avenues, between 6th and 13th Streets; and
530 -
known as the "Bullitt-Jamison Pilot Project," approximately $1.4 million from the City's
Community Development Block Grant (CDBG) and HOME Investment Partnerships
Program (HOME) funds will form the cora project financing, if approved by Council.
It was further advised that needs of the project area extend to many other
aspects of community life and dictate a broader conceptual and financial framework;
the City's Police, Social Services, Streets and Traffic, Code Enforcement, Parks and
Recreation, Neighborhood Partnership and other departments are increasing activities
in the area; however, physical development of the area requires a more in-depth
assessment of needs and feasibility and creation of a master plan to guide
improvements; and given these needs, the City solicited proposals from firms with such
capabilities and has negotiated the terms of an agreement with the top candidate, at a
cost of approximately $60,000.00 which is within the City Manager's authority for
executing the necessary agreement.
It was explained that it is important to begin consultant activities as soon as
possible, with CDBG funds providing the necessary funding source; however, to use
CDBG funds at this time requires an amendment of the City's current Consolidated Plan
Annual Update, a process that involves a 30-day public review and comment period; the
public review and comment period was initiated on February 14, 2002, and concluded
on March 15, 2002; with no objections to the plan amendment having been received;
upon Council's approval of the plan amendment, the consultant agreement may be
executed, which agreement allows the City the option to negotiate further services with
the consultant regarding leveraging additional financing for the project; and a future
report to Council may be required to authorize any amendment to the consultant
agreement with a cost greater than the City Manager's authority to execute directly.
The City Manager recommended that she be authorized to amend the 2001-2002
Consolidated Plan Annual Update, including submission of the necessary documents
to HUD, to add consultant services associated with the Bullitt-Jamison Pilot Project.
Mr. Carder offered the following resolution:
(#35775-031802) A RESOLUTION amending the City of Roanoke's 2001-2002
Consolidated Plan Annual Update regarding Consultant Services for the Bullitt-Jamison
Pilot Project, and authorizing the City Manager to execute and submit the necessary
documents to the United States Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 65, page 468.)
Mr. Carder moved the adoption of Resolution No. 35775-031802. The motion was
seconded by Mr. Harris.
531
Vice-Mayor Carder advised that the Bullitt/Jamison Pilot Project will be quite
comprehensive, and inquired as to other types of projects that the proposed consultant
has been involved with.
Rolanda A. Johnson, Assistant City Manager for Community Development,
advised that the consultant has extensive experience in comprehensive master
planning, downtown development, neighborhood development, neighborhood financing
and management, community participation and comprehensive management projects.
She further advised that the President of the corporation worked as head of the local
CDC, NNEO, and therefore has experience in the Roanoke area. She noted that the
consultant recently prepared a project for Craig County which involves tax credits for
a 60 unit building, downtown revitalization in Franklin County, Radford University, Blue
Ridge Parkway, a tax credit application for the Jefferson Center, Shenandoah Hotel tax
credit, and is currently working on the Dumas Hotel tax credit project.
Vice-Mayor Carder advised that his favorable vote is contingent on the
consultant having a proven track record in comprehensive neighborhood service
planning and he would like the assurance that the consultant has experience in
coordinating such services as police, social services, streets and traffic, parks and
recreation, etc. He inquired as to what experience the consultant will bring to the City
that does not currently exist, and how will other partners, such as the Roanoke
Redevelopment and Housing Authority, be brought into the planning process.
Ms. Johnson explained that Bullitt/Jamison Avenue is a pilot project which will
involve working closely with the neighborhoods, along with the Roanoke
Redevelopment and Housing Authority, but prior to proceeding, it is necessary to
engage the services of a consultant with a history of consensus building and working
with neighborhoods. Therefore, she stated that the process will be a learning
experience which will prepare City staff in order to move on to the next targeted
neighborhood.
The City Manager explained that once the consultant is hired, a community
meeting will be held at which various City departments will be represented, as well as
neighborhood representatives, the Housing Authority, Blue Ridge Housing, various
lending institutions and others. She explained that City staff needs to learn from this
experience so that it will not be necessary to hire a consultant for future projects.
Mr. Harris inquired as to whether action on the matter could be deferred until the
Council meeting on Monday, April 1, 2002, to provide time to address certain issues
raised by Vice-Mayor Carder. The City Manager responded that the matter could be
delayed; however, there is a concern on the part of certain organizations that the master
plan is needed before they or other organizations can spend next year's allocation of
532 -
Community Development Block Grant funds. In view of the fact that certain members
of Council have expressed concems, she requested that Council approve the
amendment to the Consolidated Plan Annual Update; however, execution of the
consultants' contract will be delayed until staff has met with those Members of Council
who have expressed concems.
Following discussion, it was the consensus of Council to act on the request of
the City Manager to amend the 2001-02 Consolidated Plan Annual Update, with the
understanding that the City Manager will meet with those Members of Council who have
expressed concems prior to execution of the contract with the consultant.
Resolution No. 35775-031802 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and Mayor
Smith 6.
NAYS: None
(Council Member White was absent.)
BUDGET-LEASES-EQUIPMENT: The City Manager and the Director of Finance
submitted a joint communication advising that the City issued its first capital lease for
the purchase of equipment in fiscal year 2001, which totaled $2,503,000.00, and funded
vehicular equipment, equipment for the new Police Building, and personal computers;
a September 4, 2001, City Council report on the Capital Maintenance and Equipment
Replacement Program (CMERP) recommended replacing various items of vehicular
equipment, a portion of which was recommended to again be lease financed; and City
Council appropriated $510,523.00 at the January 22, 2002, City Council meeting for
equipment purchases in anticipation of execution of an equipment lease financing
agreement.
It was further advised that an Invitation for Bids for lease financing of
$1,157,500.00 vehicular equipment was publicly advertised and sent to over 20 banks
and leasing agencies on February 8, 2002, and nine responses were received; Koch
Financial Corporation submitted the most responsive bid, proposing an interest rate of
3.74% for a five year period; annual lease payment will be $253,883.00 for each of the
next five fiscal years; and pending City Council's approval, funding for lease purchase
payments will be included in the annually adopted budget of the Fleet Management
Fund.
The City Manager and the Director of Finance recommended that Council adopt
a resolution authorizing execution of the Lease Purchase Agreement with Koch
533
Financial Corporation, and also authorizing execution of any other required documents
related to the Lease Purchase Agreement; and adoption of a budget ordinance
appropriating lease financing proceeds of $1,157,500.00 to an account in the Fleet
Management Fund. ~'
Mr. Carder offered the following emergency budget ordinance:
(~35776-031802) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Fleet Management Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 469.)
Mr. Carder moved the adoption of Ordinance No. 35776-031802. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris,
and Mayor Smith I~.
NAYS: None ..... 0.
(Council Member White was absent.)
Mr. Carder offered the following resolution:
(#35777-031802) A RESOLUTION of the Council of the City of Roanoke, Virginia,
accepting the bid of Koch Financial Corporation and awarding and approving the form
and the terms, conditions and provisions of an equipment lease purchase agreement
relating to the acquisition of vehicular equipment by the City, by and between Koch
Financial Corporation, as lessor, and the City, as lessee, and authorizing the execution
and delivery thereof; approving the form and the terms, conditions and provisions of an
escrow agreement, by and among the City, Koch Financial Corporation and SunTrust
Bank, as escrow agent, and authorizing the execution and delivery thereof; authorizing
the members of the Council and the officials and employees of such City to take further
action to carry out this resolution and the transactions contemplated hereby and by the
aforementioned equipment lease purchase agreement and escrow agreement; making
certain findings and determinations; and rejecting all other bids.
(For full text of Resolution, see Resolution Book No. 65, page 470.)
Mr. Carder moved the adoption of Resolution No. 35777-031802. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
534 -
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris,
and Mayor Smith 6.
NAYS: None
(Council Member White was absent.)
Council Member Hudson requested information with regard to cost savings as
a result of the lease purchase arrangement.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-BUDGET-CITY GOVERNMENT-CITY INFORMATION
SYSTEM: The Director of Finance submitted a written report advising that the City of
Roanoke's Department of Technology Fund accounts for technology plannino, and
support services provided to departments; and the Department of Technology Fund
recovers its costs by charging the receiving departments for services provided.
It was further advised that at the beginning of fiscal year 2002, the methodology
for calculating Department of Technology charges to user departments was revised to
more accurately allocate costs; an update in billing methodology was necessary due
to substantial changes and advances in technology used by the City organization; a
proposed budget ordinance will make appropriations transfers among departments to
reallocate funds for Department of Technology charges for the fiscal year; the modified
billing method resulted in lower than budgeted charges to the General Fund, while
charges are larger than budgeted amounts in other funds; thus, funding of $88,000.00
will be transferred from the General Fund to the Civic Center Fund to cover Department
of Technology charges in excess of current budgeted amounts; the General Fund will
supplement excess DOT charges to the Civic Center Fund in fiscal year 2002 since
revenues were not budgeted to cover these charges; furthermore, the General Fund has
budgeted more than it will ultimately need in fiscal year 2002 for DOT charges, allowing
the flexibility to provide for said charges in other funds; and in subsequent years,
expense budgets for technology costs in the Civic Center Fund will be increased to
acknowledge actual technology costs of operations.
The Director of Finance recommended that Council adopt the above referenced
budget ordinance:
Mr. Carder offered the following emergency budget ordinance:
(#35778-031802) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General, Civic Center and Department of Technology Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 473.)
Mr. Carder moved the adoption of Ordinance No. 35778-031802.
seconded by Mr. Harris and adopted by the following vote:
AYES: Council
and Mayor Smith
5.35
The motion as
Members Bestpitch, Wyatt, Carder, Hudson, Harris
6.
NAYS: None 0.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
BUDGET-SCHOOLS: A communication from the Roanoke City School ~°ard
requesting that Council appropriate $189,291.00 for the Urgent School Renovation and
Technology Grant to be used for infrastructure modifications and equipment to meet
requirements for funding, which include upgrades and modifications in support of
networking, intercom and cable systems at various schools, said new program will be
funded with Federal funds, was before the body.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Carder offered the following emergency budget ordinance:
(#35779-031802) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 479.)
Mr. Carder moved the adoption of Ordinance No. 35779-031802. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris
and Mayor Smith 0.
NAYS: None
(Council Member White was absent.)
UNFINISHED BUSINESS: None.
Ow
536 -
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL:
BUDGET: Vice-Mayor Carder referred to a communication from the City Manager
in connection with the impact on the City's budget as a result of State budget
reductions for fiscal year 2003. He called attention to a decrease of $174,000.00, which
is basically cuffing Blue Ridge Behavioral Health Care by 26 per cent for all types of
mental health services in the City of Roanoke; and the State has cut the equivalent of
one Assistant Commonwealth Attomey, ten full time Deputy Sheriffs, one Deputy Tax
Clerk, and one Treasurer Clerk in the category of shared expenses. In terms of other
categorical aid, he stated that there is a reduction of $751,000.00, or the equivalent of
the elimination of seven full time Police Officers, five full time Deputy Sheriffs, and
seven full time positions with Youth Services, the Crisis Intervention Center, and Youth
Haven. In summary, he advised that basically, the State has cut the equivalent of 40
jobs in the City of Roanoke. To address the matter, he stated that at some time in the
future, it is hoped that the Governor and the General Assembly will review tax
restructuring.
FIRE DEPARTMENT: Council Member Wyatt expressed concem with regard to
a fungus-like material that is growing in the air vents in the kitchen area at Fire Station
#10, 5202 Aviation Drive, N. W.
BUSES-ROANOKE CIVIC CENTER: Mr. Hudson inquired if a small bus could be
used for the employee shuffle from the Roanoke Civic Center to downtown Roanoke;
whereupon, the City Manager advised that two buses were purchased as a part of a pilot
project through a special Federal grant. She explained that the General Manager of
Valley Metro was charged with the responsibility of identifying the type of buses to be
used, with the goal of using the buses for other purposes in the future.
The Mayor requested a work session on the public transit system.
CITY MANAGER COMMENTS:
WATER RESOURCES: The City Manager advised of a slight increase in the water
level at the Carvins Cove Reservoir as a result of rainfall over the weekend.
537
She presented copy of the following publications that are available to Roanoke's
citizens; i.e.: Every Drop Counts, A Citizens Guide To Mandatory Water Conservation,
and The Roanoke Citizen Magazine.
PURCHASE/SALE OF PROPERTY: The City Manager submitted a communication
advising that an existing surface parking lot located between 117 and 123 Salem Avenue
S. W., consists of approximately 95 parking spaces situated on ten separate parcels of
land; three of the parcels, identified as Official Tax Nos. 1010409, 1010410 and 1010411,
contain approximately 35 parking spaces; the owner of the three parcels, Virginia
Vaughn, represented by First National Managed Properties, has offered the City first
option to purchase the property for the appraised value of $205,000.00; last year, the
City purchased two warehouses located at 117- 119 Norfolk Avenue and intends to
market the structures as technology space for small businesses; and in order to make
this area a desirable location, technology companies have stressed the importance of
providing parking adjacent to the property.
It was further advised that funding, in the amount of $205,000.00, for purchase
of the parcels of land is available in the Transportation Fund retained earnings;
whereupon, the City Manager recommended that she be authorized to execute the
appropriate documents, in a form to be approved by the City Attomey, to purchase said
property from Virginia Vaughn, represented by First Union Managed Properties, in the
amount of $205,000.00, subject to an acceptable title search, and appropriation of
$205,000.00 from retained earnings of the Transportation Fund to an account to be
established by the Director of Finance.
Mr. Carder offered the following ordinance:
(~35780-031802) AN ORDINANCE providing for the acquisition of property located
between 117 and 123 Salem Avenue, S. W., and identified by Roanoke City Tax Map Nos.
1010409, 1010410, and 1010411, from Virginia Vaughn, authorizing the proper City
officials to execute and attest any necessary documents for this acquisition; and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 480.)
Mr. Carder moved the adoption of Ordinance No. 35780-031802. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and
Mayor Smith I~.
NAYS:NONE 0.
538 -
(Council Member White was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is also a time for informal
dialogue between Council Members and citizens; and matters requiring referral to the
City Manager will be referred immediately for any necessary and appropriate respunse,
recommendation or report to Council.
There were no requests by citizens to speak.
At 5:40 p.m., the Mayor declared the meeting in recess to be reconvened in
Closed Session in the Emergency Operations Center Conference Room, Room 159,
Noel C. Taylor Municipal Building.
At 6:55 p.m., the Mayor declared the meeting in recess to be reconvened at 7:00
p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, March 18, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, Linda F. Wyatt, William H.
Carder, W. Alvin Hudson, Jr., C. Nelson Harris and Mayor Ralph K. Smith --------.6.
ABSENT: Council MemberWilliam White, Sr.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attomey; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Smith.
PUBLIC HEARINGS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to instructions of
Council, the City Clerk having advertised a public hearing for Monday, March 18, 2002,
at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council
Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
539
to consider the sale and conveyance of City-owned property located on Nelms Lane,
N. E., identified as Official Tax No. 7400500, to James E. and Betty W. Whittaker for
$500.00, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke Times
on Sunday, March 10, 2002 and The Roanoke Tribune on Thursday, March 14, 2002.
The City Manager submitted a communication advising that the City currently
owns property located on Nelms Lane N. E., identified as Official Tax No. 7400500; an
adjacent property owner has contacted the City regarding the purchase of said property
by correspondence dated February 11,2002, for $500.00, which is the current assessed
value of the property; it has been determined that there is no real benefit in City
ownership of the property; the property contained a well that has since been capped
and is no longer in use; and there is no access to the property since it is contained on
all sides by property owned by others.
Following a public hearing on disposition of surplus property, the City Manager
recommended that she be authorized to execute the appropriate documents to convey
the property to James E. and Betty W. Whittaker for the consideration of $500.00, such
documents to be in a form approved by the City Attorney.
Mr. Bestpitch offered the following ordinance:
(#35781-031802) AN ORDINANCE authorizing the City Manager to execute an
agreement, deed and any related and necessary documents providing for the sale and
conveyance of City-owned property located on Nelms Lane, N. E., and being identified
as Official Tax No. 7400500, to James E. and Betty W. Whittaker, upon certain terms and
conditions, and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 481.)
Mr. Bestpitch moved the adoption of Ordinance No. 35781-031801. The motion
was seconded by Mr. Carder.
The Mayor inquired if there are persons present who would like to address
Council in connection with the matter. There being none, Ordinance No. 35781-031802
was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and
Mayor Smith I~.
NAYS: None
(Council Member White was absent.)
540 -
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is also a time for informal
dialogue between Council Members and citizens; and matters requiring referral to the
City Manager will be referred immediately for any necessary and appropriate response,
recommendation or report to Council.
There were no requests by citizens to speak.
At 7:15 p.m., the Mayor declared the meeting in recess for continuation of the
Closed Sessions which were previously approved by Council.
At 7:45 p.m., the meeting reconvened in the Council Chamber, with all members
of the Council in attendance, except Council Member White, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge that:
(1) only public business matters lawfully exempted from open meeting requirements
under the Virginia Freedom of Information Act; and (2) only such public business
matters as were identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was seconded by Mr.
Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris and
Mayor Smith 6.
NAYS: None 0.
(Council Member White was absent.)
There being no further business, the Mayor declared the meeting adjourned at
7:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
541
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 1, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
April 1, 2002, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., W. Alvin Hudson, Jr., Linda F.
Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ............ 6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancie~ on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, White, Carder, Bestpitch
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... 0.
(Council Member Harris was absent.)
542
PURCHASE/SALE OF PROPERTY-CITY MANAGER-CITY COUNCIL: A
communication from the City Manager requesting a Closed Meeting to discuss
acquisition of real property for public purpose, where discussion in open meeting
would adversely affect the bargaining position or negotiating strategy of the City,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before
the body.
Mr. Hudson moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711(A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Hudson, Wyatt, White, Carder, Bestpitch
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
CITY MANAGER-CITY COUNCIL: A communication from the City Manager
requesting that Council convene a Closed Meeting to discuss acquisition of real
property for public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition of real property for public
purpose, where discussion in open meeting would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Hudson, Wyatt, White, Carder, Bestpitch
and Mayor Smith ......................................................................................... -6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of probable litigation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
543
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of probable
litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder and
Mayor Smith .................................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Harris was absent.)
At 12:17 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in Room 159, Noel C. Taylor Municipal Building South.
At 12:25 p.m., the Council meeting reconvened in Room 159, Emergency
Operations Center Conference Room, for discussion regarding the roles and
responsibilities of Council-Appointed and certain Constitutional Officers.
CITY CHARTER-CITY MANAGER-DIRECTOR OF FINANCE-CITY ATTORNEY-
CITY CLERK-MUNICIPAL AUDITOR-REAL ESTATE VALUATION-CITY TREASURER-
COMMISSIONER OF REVENUE: The City Manager called attention to a previous
discussion by Council regarding City Charter amendments at its November 19, 2001
Council meeting, in connection with reporting responsibilities of the Director of
Finance, at which time it was suggested that the matter be referred to the Council's
Financial Planning Session for further discussion, along with discussion regarding
the roles and responsibilities of other Council-Appointed Officers. At that time, she
advised that City staff was requested to conduct a survey of other cities in the
Commonwealth of Virginia in regard to reporting responsibilities of
Council-Appointed positions, budgets, and Offices of Management and Budget. As
City staffwas preparing for the Financial Planning Session in March, 2002, she noted
that a memorandum was sent to Council suggesting that the topic did not fall into
the category of items typically discussed at a Financial Planning Session, and
Council was requested to defer discussion until another date; therefore, the matter
was currently before Council for discussion.
The City Manager explained that a request was made that the two
Constitutional Offices having financial-related responsibilities, the City Treasurer
and the Commissioner of the Revenue, also be included in the study in regard to
financial reporting; and appropriate Constitutional Office's and each Council-
Appointed Officer were requested to provide information regarding their respective
duties and responsibilities, along with a departmental organization chart. She stated
544
that no specific action is requested of the Council today; however, discussion will
provide Council with an opportunity to ask questions and to gain a better
understanding of the various roles and responsibilities of Council-Appointed and
certain Constitutional Officers.
Mr. White advised that the majority of Council is not interested in changing the
reporting relationships or responsibilities of Council-Appointed Officers at this time.
From his discussions with the majority of Council Members, he stated that it is
believed that such discussions are more of a detraction to transacting City business
and proposed, after today, that there be no further discussion of the matter until
there is a majority of Council that is in favor of enacting changes. He added that if
Council Members would like more information on duties and responsibilities of
Constitutional Officers, they may confer directly with the appropriate Constitutional
Officer.
Mr. Hudson advised that he did not understand how Constitutional Offices
were brought into the discussion, since Constitutional Officers are elected by the
citizens of the City of Roanoke.
The Mayor advised that the session could be used as a learning experience
in order for Council to ask questions and to gain a better understanding of the roles
and responsibilities of Council-Appointed Officers and Constitutional Officers, and
he would like to call upon the Council-Appointed Officers and Constitutional Officers
in attendance for remarks.
Vice-Mayor Carder advised that he initially brought the matter forth for
discussion on behalf of himself and certain members of the business community
because of the appearance of redundancy in financial reporting and to achieve the
necessary efficiencies in conducting City business. However, he stated that if the
majority of Council is not in favor of enacting changes, the matter could be
addressed by a future Council.
The Mayor called upon the City Attorney for remarks; whereupon,
Mr. Hackworth advised that the roles and responsibilities of the City Attorney's
Office are clearly defined by the Roanoke City Code and the City Charter. He stated
that a challenge of the City Attorney's Office is in regard to representing the different
clients - School Board, City Manager, School Superintendent, Municipal Auditor,
etc.; another major challenge is the specialized nature of legal matters and. it is
difficult to be an expert in all areas of law, therefore, it is sometimes necessary to
seek outside legal counsel in specialized areas. He referred to the different financial
responsibilities of the Director of Finance, the City Treasurer and the Commissioner
of the Revenue, although the responsibilities appear to be divided properly; and
545
noted that some localities have held referendas affording citizens the opportunity
to vote on the question of retaining or abolishing Constitutional Offices, many of
which have not been successful. He stated that the current financial reporting
arrangement appears to work, and there are not a lot of turf issues; however, from
a public perspective, the current arrangement could be confusing.
The City Treasurer advised that the system of checks and balances currently
in place is healthy for a number of reasons because without such checks and
balances, the City could set itself up for potential problems. He called attention to
an excellent working relationship between the City Treasurer's Office, the Municipal
Auditor and the Director of Finance; however, the City of Roanoke, as an
organization, needs to improve technology thereby enabling those offices with
financial reporting responsibilities to better communicate with each other. He
advised that the real estate computer program, which is over 20 years old, is in need
of improvements and should provide a way to enable the Office of City Treasurer,
Commissioner of the Revenue, and Director of Real Estate Valuation to communicate
with each other on the same property. He stated that staff of the three offices should
work more closely with each other and there is a turf problem to a certain degree.
There was discussion in regard to a centralized billing/collection system for
all real estate taxes, personal property taxes, vehicle decals, and water/sewer
utilities, etc.; and the feasibility of monthly billing for water/sewer utilities and real
estate taxes.
The City Manager called attention to major technology needs of the City of
Roanoke, not only in the area of real estate, but the overall financial and payroll
systems, and the need for enhancements to the City's computer main frame and
capabilities. She stated that a number of efficiencies are needed which will involve
a major expenditure by the City.
A suggestion was made that Council-Appointed Officers/Constitutional
Officers be invited to submit recommendations for improving efficiencies in their
respective departments, while continuing to maintain their individual turfs.
The Mayor suggested that cost estimates and demonstrations be provided to
Council during fiscal year 2002-03 budget study with regard to technology
enhancements to the real estate tax computer program.
The Director of Real Estate Valuation advised that the City's real property
evaluation/tax system is fragmented, and the Office of Real Estate Valuation recently
purchased a new real estate appraisal system which will be housed in the
Commissioner of Revenue's Office since the two offices share numerous processes
546
and in order to create a common data base. He stated that it is important that the
offices work together and to use technology for greater efficiencies in operation and
cooperation. He added that his office works well with the Offices of Commissioner
of the Revenue and City Treasurer; however, current processes are cumbersome
and hinder the transaction of business.
There was further discussion as to whether the City has the capability of
researching the status of all bills owed to the City by a citizen via one computer
application as opposed to researching multiple locations, thereby offering a method
to interface systems.
The City Clerk advised that the Department of Technology has done an
outstanding job in working with the City Clerk's Office with regard to implementing
new computer programs that were recently initiated in the Clerk's Office.
The Municipal Auditor called attention to improvements in technology;
however, it will take time for the City of Roanoke to come on line. He stated that all
Council-Appointed and Constitutional Officers are conscious of doing the best job
possible for the citizens of Roanoke.
The Mayor spoke in support of future meetings of Council-Appointed and
Constitutional Officers to engage in dialogue on City government efficiencies.
Without objection by Council, he advised that he would like to initiate future
meetings involving Council-Appointed Officers and all Constitutional Officers to
discuss their ideas for efficiencies.
There being no further discussion, 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. He advised
that Council would immediately convene in Closed Session in the City Council's
Conference Room.
At 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with the following Council Members in attendance,
Mayor Smith presiding.
PRESENT: Council Members William White, Sr., W. Alvin Hudson, Jr., Linda F.
Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ............ 6.
ABSENT: Council Member C. Nelson Harris ........................................... 1.
The reconvened meeting was opened with a prayer by The Reverend Jeffrey
Doremus, Minister of Leadership and Family Life, First Baptist Church.
547
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring Saturday,
April 6, 2002, as Tartan Day; and the month of April 2002 as Scottish American
History and Heritage Month.
PROCLAMATIONS-COMMUNITY PLANNING: The Mayor presented a
proclamation declaring April 1 - 7, 2002, as Community Development Week.
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.
MINUTES: Minutes of the regular meetings of Council held on Tuesday,
February 19, 2002, and Monday, March 4, 2002, were before the body.
Mr. Hudson moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith ........................................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
STREETS AND ALLEYS: A communication from the City Manager advising that
Section 30-14, Code of the City of Roanoke (1979), as amended, provides that streets
and alleys in the City of Roanoke may be altered or vacated on motion of Council,
or on application of any person, in accordance with Section 15.1-364, Code of
Virginia (1950), as amended; whereupon, she requested that she be authorized to file
an application with the City Clerk to vacate, discontinue and close a portion of
Mason Mill Road, N. E., was before the body.
Mr. Hudson moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Carder and adopted by the following vote:
548
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith .......................................................................................................... -6.
NAYS: None ....................................................................................... -0.
(Council Member Harris was absent.)
COMMITTEES-AUDIT COMMITTEE: Minutes of the meeting of the Audit
Committee held on Monday, March 4, 2002, were before Council.
The following matters were discussed by the Audit Committee:
Sheriff Canteen and Jail Inmate Funds
APA Clerk of Circuit Court
Performance Audits pertaining to Fire/EMS, Alright
Parking, Solid Waste Management
Critical Data Applications, City Leases and Planning and
Zoning
Special Investigation regarding payroll
Update on the Audit Department's Website
Mr. Hudson moved that the minutes of the Audit Committee be received and
filed. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith .......................................................................................................... -6.
NAYS: None .................................................................................... -0.
(Council Member Harris was absent.)
COMMITTEES-LIBRARIES: A report of qualification of Stanley G. Breakell as
a member of the Roanoke Public Library Board fora term ending June 30, 2002, was
before Council.
Mr. Hudson moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith .......................................................................................................... -6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
549
REGULAR AGENDA
SCHOOLS: On June 30, 2002, the terms of office of Charles W. Day
and Brian J. Wishneff as Trustees of the Roanoke City School Board will expire; and
the following persons applied for the vacancies prior to the deadline on Friday,
March 8, 2002:
James P. Beatty
Robert H. Bird
Carl D. Cooper
Edward Garner
William H. Lindsey
William E. Skeen
Robert J. Sparrow
Pursuant to Chapter 9, Education, Section 9-20, Selection of Candidates for
Public Interview, Code of the City of Roanoke (1979), as amended, on or before
April 20 of each year, Council must select those persons to be accorded the public
interview for the position of Roanoke City School Board Trustee; whereupon, the
matter was before the body.
The selection process provides that the number of applicants to the afforded
the interview shall not exceed three times the number of vacancies on the School
Board, should there be so many applicants.
Mr. White moved that the following persons be afforde~ the
on Thursday, April 18, 2002, said interviews to commence a14:30
Council Chamber:
Carl D. Cooper
Edward Garner
William Lindsey
William E. Skeen
Robert J. Sparrow
The motion was seconded by Mr. Hudson and adopte~
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS:
the Commonwealth's Attorney advising that the Departmel
Services (DCJS) has awarded the City of Roanoke a gn
$174,014.00 for the calendar years 2002-2003; the Grant
public interview
p.m., in the City
communication from
it of Criminal Justice
int in the amount of
)r VIRGINIA EXILE in
55O
2002-2003 will continue to provide the City of Roanoke with additional funding
resources to maintain the Commonwealth's emphasis on prosecuting violent gun
carriers in the City; and the EXILE Grant relates to State laws enacted in 1999 which
set minimum mandatory sentences for convicted felons who possess guns,
individuals who possess guns while possessing drugs, and people who bring guns
onto school property with the intent to use them, was before Council.
It was further advised that the City of Roanoke would use the funds to target
those persons who illegally possess and use firearms and to reduce the number of
violent firearms crimes in the City of Roanoke, which goal will be achieved through
a unified effort of City, State, and Federal prosecutors and law enforcement
agencies; and VIRGINIA EXILE funding will continue at least through 2003, and re-
application for funding will be required before December 31, 2003.
It was explained that VIRGINIA EXILE in the City of Roanoke would continue
to fund an experienced prosecutor to oversee charges that arise from Virginia EXILE
legislation; additionally, funding was approved to hire an Administrative Assistant
to assist the EXILE Prosecutor; funding will also be applied to office materials,
equipment, and a public awareness campaign; the grant requires a cash match; and
in order to implement the VIRGINIA EXILE campaign in the City of Roanoke for fiscal
year 2002-2003, the City would need to provide local matching funds in the amount
of $17,401.00 from Account No. 001-300-1210-2041.
The Commonwealth's Attorney recommended that Council adopt a resolution
accepting 2002-2003 DCJS funds and authorize the City Manager to execute the
requisite Grant Agreement, Funding Approval, and any other forms required by DCJS
on behalf of the City in order to accept such funds, said agreement and forms to be
approved as to form by the City Attorney; appropriate $174,014.00 to accounts in the
Grant Fund to be established by the Director of Finance and in accordance with
State grant requirements and establish a grant fund revenue estimate; and transfer
funds in the amount of $17,401.00 from Office of Communications, Account No.
001-300-1210-2041, to Transfer to Grant Fund, Account No. 001-250-9310-9535.
The City Manager submitted a communication concurring in the
recommendation of the Commonwealth's Attorney.
Mr. Hudson offered the following emergency budget ordinance:
(#35782-040102) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 483.)
551
Mr. Hudson moved the adoption of Ordinance No. 35782-040102. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Hudson Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
Mr. Carder offered the following resolution:
(#35783-040102) A RESOLUTION accepting the Virginia EXILE Grant offer
made to the City by the Department of Criminal Justice Services and authorizing
execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 65, page 485.)
Mr. Carder moved the adoption of Resolution No. 35783-040102. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
BUDGET-FIRST CITIES COALITION: Vice-Mayor Carder advised that the
following Virginia cities make up the First Cities Coalition: Charlottesville, Danville,
Fredricksburg, Hampton, Hopewell, Lynchburg, Newport News, Norfolk, Petersburg,
Portsmouth, Richmond, Roanoke, Staunton and Winchester. He further advised that
all of the above referenced cities have similarities in terms of aging infrastructure,
inequities in State funding, reimbursement of funds for streets, Standards of Quality,
etc., and are landlocked and fiscally stressed. He stated that the priorities of the
First Cities Coalition are that the State should provide strong incentives for cities
through redevelopment and reinvestment (example: if the same types of incentives
that were offered for new development by Roanoke Countywere available to the City
of Roanoke, the City could save millions of dollars in connection with the South
Jefferson Redevelopment Plan, therefore, the State should look at the re-use of
urban areas as an incentive); the State should re-balance service necessities and
funding resources to cities; and the State should develop an urban policy.
552
The City Manager advised that the City of Roanoke was one of the original
charter members of the First Cities Coalition, and several years ago the City was
energized over redevelopment issues and the belief that older urban communities
were not receiving fair treatment, particularly by the General Assembly regarding
how to deal with some of the common problems of urban areas. She stated that the
number of cities participating in the First Cities Coalition has increased to 14, with
the possibility of adding a 15th city, and it is becoming more obvious that the older
urban communities need to pool their resources. She advised that the Policy
Committee of the First Cities Coalition which involved elected officials met in
January, and supported the following four initiatives: (1) unanimously agreed to
support legislation that involved increased revenues for legislation and
transportation, (2) agreed to engage in an active pursuit in educating citizens about
where the decisions are being made (i.e. the General Assembly), (3) requested a
special session of the General Assembly to look at tax restructuring in terms of
service priorities and funding resources, and (4) to review the idea of pursuing all
possible remedies and options, including legal remedies.
Vice-Mayor Carder advised that a press conference was held last week by the
First Cities Coalition in Richmond, Virginia, to respond to the proposed State budget
cuts and the sense of urgency experienced by localities in regard to budget issues.
The City Manager explained that the State budget is facing a $2.4 billion
shortfall, which shortfall was addressed as follows:
Local government cuts - $ 525M
Higher education cuts - $ 290M
State agency cuts and tax increase - $ 890M
One time revenues and transfers $ 700M
The Vice-Mayor advised that the State's budget applies to not only the year
2002, but years 2003 and 2004 and there is a strong sense of urgency for the General
Assembly to reconvene in September to address funding inequities. He called
attention to an organization known as the Northern Virginia Round Table which
consists of approximately 100 of the most senior executives of businesses
throughout northern Virginia representing technology companies, retail, financial
institutions, professional service firms, etc., and at a recent meeting it was stated
that the Commonwealth of Virginia cannot meet its responsibilities to provide critical
and necessary State services for the overall public good of its citizens, and the
Northern Virginia Round Table believes that there is an urgency that something
needs to be done.
553
Taking the cuts to the local level, the City Manager advised that the funding
reduction to the City of Roanoke is approximately $1.3 million in alcoholic beverage/
wine tax, House Bill 599 law enforcement funding, funding for Constitutional Officers
and a significant reduction in funding of the Juvenile Justice and Office on Youth
programs. She added that this $1.3 million equates to 33 full time positions in the
City of Roanoke organization.
Vice-Mayor Carder called attention to State legislation which exempts the
Commonwealth of Virginia from law suits by Constitutional Officers in connection
with budget cuts; however, that same legislation does not exempt cities from law
suits.
The City Manager reviewed local options and strategies: i.e.: increased taxes
and/or increased fees, eliminate or modify service delivery, or eliminate positions.
She advised that it has been her goal as City Manager, if positions need to be
eliminated, to hold harmless those individuals serving in the positions and transfer
those employees to other positions within City government. She stated that a new
approach to tax structuring as related to localities is needed, along with a revised
funding formula.
Until Council receives the proposed fiscal year 2002-03 City budget, Mr. White
advised that Council is not in a position to discuss the budget because to do so is
placing the City's position and strategy in front of the proposed budget. In addition,
he called attention to past State funding difficulties in which the City worked with its
delegation to the General Assembly to address funding inequities, and asked that
the City not come on so strong that the good relationships of the past are potentially
destroyed.
Mr. Bestpitch expressed concern with regard to tax restructuring throughout
the entire Commonwealth of Virginia, and advised that the real issue is whether or
not the citizens of the Commonwealth are going to demand that the tax system be
structured so as to fund the Standards of Quality, to provide funds for public safety,
and to deliver the type of services that citizens have come to expect throughout the
entire Commonwealth of Virginia. He explained that citizens must be made to
understand that if these issues are to be addressed, citizens of the Commonwealth
of Virginia and the City of Roanoke must let their voices be heard in Richmond by
insisting that a new tax structure be implemented, and the City Manager and the
Vice-Mayor are trying to impress upon Council and the citizens of the City of
Roanoke that the focus of attention should be on the issue of tax restructuring for
the entire state.
In summary, the City Manager referred to these issues that the First Cities
Coalition addressed at its meeting on March 28, 2002; i.e.: a new tax structure that
provides net new revenue to localities for education, transportation, public safety
554
and other issues; and a new urban policy that does not treat urban communities to
a disadvantage as is presently the case because of the level of service that urban
communities provide. She explained that these are not quick fixes, but in some
instances, have been periodically studied for the last 15 - 20 years, more than
enough studies are currently on the table, and legislative action is required.
Ms. Wyatt advised that no citizen wants to pay more taxes; however, the
Commonwealth of Virginia ranks about 12th in the United States in per capita income
and 46t~ in overall tax burden; therefore, in order to have the services that citizens
want, they must be willing to pay the price. She stated that the reality is that the
Commonwealth of Virginia does not have the wherewithal to make up the gap that
has continually grown and we, as a community and a state, must come to grips
insofar as paying our fair share for the services we want.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
APPALACHIAN POWER COMPANY-BUDGET-STREET LIGHTS-RNDC: The City
Manager submitted a communication advising that Phase II of infrastructure
improvements to the Greater Gainsboro Redevelopment Area consists of
construction of improvements including water, sanitary sewer, storm drainage, curb
and sidewalk, paving, landscaping and associated work within the Greater
Gainsboro Redevelopment Area; and pursuant to Council's request, plans were
provided to Charles Price, representing the Roanoke Neighborhood Development
Corporation (RNDC), on Thursday, March 21,2002, who provided minor comments
which will be addressed by increasing the number of trees and providing additional
sidewalk to the contract during construction.
It was further advised that after proper advertisement, four bids were received
on Tuesday, January 8, 2002, with Breakell, Inc., submitting the Iow bid in the
amount of $496,183.93 and a construction time of 120 consecutive calendar days;
the City and Appalachian Power Company, d/bla American Electric Power (AEP),
have entered into a Street Lighting Agreement dated July 1, 1995, concerning the
provision by AEP to the City of street lights and associated electrical current for the
lights; and in accordance with the Street Lighting Agreement and negotiations with
AEP, AEP will provide the appropriate street lights and electrical work for Phase II
of the Greater Gainsboro Infrastructure Improvements for $350,000.00.
555
It was explained that the infrastructure improvement project is being
constructed in three phases; the entire project, including estimated costs for Phase
III, remain within the adopted capital project budget of $3,426,282.00; proposed
funding from available balances in several capital project accounts is being used to
fund AEP improvements which are ineligible for CDBG funds due to wage rate
restrictions; funding in the amount of $895,802.00 is needed for the project;
additional funds that exceed the contract amount will be used for lighting and
electrical costs, as well as miscellaneous project expenses, including advertising,
prints, test services, minor variations in bid quantities and unforeseen prnject
expenses; and funding in the amount of $895,802.00 is available in CDBG accounts,
Greater Gainsboro Infrastructure, Gainsboro Library, Environmental Issues,
Precision Technology, Peters Creek Road Street Light, 50150 Curb, Gutter, Sidewalk,
Williamson Road Improvements, and Capital Reserve-Buildings.
The City Manager recommended that Council accept the bid of Breakell, Inc.,
in the amount of $496,183.93, with 120 consecutive calendar days of contract time;
reject all other bids received by the City; appropriate or transfer funds in the amount
of $148,901.00 to Capital Projects Fund, Account No.008-410-9625, Greater
Gainsboro Infrastructure; CDBG funds in the amount of $535,841.00 have been
appropriated to the proper accounts, for a total of $895,802.00; and authorize the City
Manager to execute the necessary documents or agreements in connection with the
Street Lighting Agreement dated July 1, 1995, with Appalachian Power Company, in
order for AEP to provide appropriate street lights and associated electrical work for
Phase II of the Greater Gainsboro Infrastructure Improvements in the amou,~t of
$350,000.00.
Mr. Carder offered the following emergency budget ordinance:
(#35784-040102) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 486.)
Mr. Carder moved the adoption of Ordinance No. 35784-040102. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ...................................................................................... , ..... 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
556
Ms. Wyatt offered the following emergency ordinance:
(#35785-040102) AN ORDINANCE accepting the bid of Breakell, Inc., for the
construction of improvements, including water, sanitary sewer, storm drainage, curb
and sidewalk, paving, landscaping and associated work, within the Greater
Gainsboro Redevelopment Area in connection with Phase II of the Infrastructure
Improvements to the Greater Gainsboro Redevelopment Area 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. 65, page 488.)
Ms. Wyatt moved the adoption of Ordinance No. 35785-040102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#35786-040102) AN ORDINANCE authorizing the City Manager to execute any
necessary documents or agreements in connection with the Street Lighting
Agreement between the City and Appalachian Power Company, d/b/a American
Electric Power (AEP), dated July 1, 1995, in order for AEP to provide the appropriate
street lights and associated electrical work for Phase II of the Infrastructure
Improvements to the Greater Gainsboro Redevelopment Area Project; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 489.)
Ms. Wyatt moved the adoption of Ordinance No. 35786-040102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
557
At 2:50 p.m., the meeting was declared in recess for continuation of a Closed
Session which was previously approved by Council.
At 3:20 p.m., the Council meeting reconvened in the City Council Chamber.
STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a
communication advising that Section 33.1 -41.1, Code of Virginia 1950, as amended,
establishes eligibility criteria of localities for receiving funds from the Virginia
Department of Transportation (VDOT) for street maintenance; State Code also
specifies two functional classifications of roadways (Principal/Minor Arterials and
Collector/Locals) and establishes a base payment rate per lane mile for each
classification or roadway; and rates are adjusted annually by VDOT based upon a
statewide maintenance index of unit costs for labor, equipment and materials used
by VDOT on roads and bridges.
It was further advised that City eligibility for fiscal year 2001-2002 is
approximately $8,773,218.00 in street maintenance payments from VDOT, which
funds are used for eligible maintenance expenditures that the City incurs for streets,
sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings;
City staff has developed a list of streets to be submitted to VDOT to enable eligiSility
payment in the next fiscal year; and approval of additions to the street inventory is
expected to increase street maintenance payments to the City by approximately
$11,564.00 at current year payment rates.
The City Manager recommended that she be authorized to submit a list of
streets to the Virginia Department of Transportation for approval by the
Commonwealth Transportation Board to enable State Maintenance Payment
eligibility.
Mr. Bestpitch offered the following resolution:
(#35787-040102) A RESOLUTION authorizing the City Manager to submit a
street inventory for State maintenance payment eligibility to the Virginia Department
of Transportation (VDOT), upon forms prescribed by VDOT for approval by the
Commonwealth Transportation Board, in order to ensure the City's eligibilifv for
State maintenance funds.
(For full text of Resolution, see Resolution Book No. 65, page 490.)
Mr. Bestpitch moved the adoption of Resolution No. 35787-040102.
motion was seconded by Mr. Carder and adopted by the following vote:
The
558
'AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(CounCil Member Harris was absent.)
BUDGET-DRUGS/SUBSTANCE ABUSE-FDETC: The City Manager submitted
a communication advising that the Fifth District Employment and Training
Consortium (FDETC) administers the Federally funded Workforce Investment Act
(WIA) for the region, which encompasses the Counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, as well as the Cities of Covington, Roanoke, and
Salem; and WIA funding is for two primary client populations:
dislocated workers who have been laid offfrom employment through no fault
of their own, and
economically disadvantaged individuals as determined by household income
guidelines established by the U. S. Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for FDETC funding, and Council must appropriate funding for all grants and
other monies received by the Consortium.
It was explained that an agreement between the Fifth District Employment and
Training Consortium (FDETC) and Family Service of Roanoke Valley dated
January 2001, to provide services for Drug Court referrals is being amended as
follows: The agreement is extended foran additional period of six months beginning
January 1, 2002, and continuing through June 30, 2002. During this period, the
Agency (Family Services of Roanoke Valley) agrees to continue to pay the Service
Provider (FDETC) a fixed sum of $937.50 per month. This rate is based on an
expected average of 45 offenders served per year. All other provisions of the
Agreement, dated January 1,2001, and amended July 1,2001, shall remain in effect.
The additional funding will be $5,625.00.
The City Manager recommended that she, or Council's appointee to the Policy
Board of the Fifth District Employment and Training Consortium, be authorized to
execute the agreement and any necessary amendments thereto with Family Service
of Roanoke Valley; and that Council appropriate FDETC funding totaling $5,6?..5.00
and increase the revenue estimate by $5,625.00 in accounts to be established in the
Consortium Fund by the Director of Finance.
559
Mr. Bestpitch offered the following emergency budget ordinance:
(#35788-040102) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 491.)
Mr. Bestpitch moved the adoption of Ordinance No. 35788-040102. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following resolution:
(#35789-040102) A RESOLUTION authorizing the City Manager, or the City
Council's appointee to the Policy Board of the Fifth District Employment and
Training Consortium, to execute an amendment extending an existing agreement by
an additional six months, with Family Service of Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 65, page 492.)
Mr. Bestpitch moved the adoption of Resolution No. 35789-040102. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
POLICE DEPARTMENT-TRAFFIC-PROCUREMENT CODE: The City Manager
submitted a communication advising that the City of Roanoke wishes to enter into
a contractual agreement with a provider of an Automated Parking Ticket Issuance
and Management System, which will contain the following primary features:
560
A client based Parking Management System capable of recording all
identified data elements relative to the City's current Parking
Management Application.
Hardware identified as required for remote citation data collection,
validation, and automated uploading.
Develop or assistance in the development of both front and backend
interfaces to the City's current Cash Register Payment Processing
system.
Parking Permit functionality based on standard needs assessment.
Open-ended data query process, which allows the user to easily
address all reporting needs.
It was further advised that although the sealed bid method of procurement
would normally be used, it is not practicable or fiscally advantageous to the public
in procuring the above described services; the experience, qualifications, and
references of firms that can provide the above listed services are of equal, if not
greater, importance than the cost; issues of experience in development of a
complete Parking Management solution, quality of reports, reputation of the software
developer, and pricing advantages are of vast importance in the areas of services
for the Police Department, Billings and Collections, and Department of Technology;
additional issues, other than price, for the software design, platform, functionality,
reliability, and adaptability to interfaces must be taken into account; and
procurement of this system and software services must include a means to evaluate
the quality of services to be provided in areas such as customer responsiveness,
manpower allocation and financial management; therefore, the process of
competitive negotiation using the request for proposal has been identified as the
best method for procurement of the services.
It was explained that the Code of the City of Roanoke (1979), as amended,
provides, as an alternate method of procurement to using the bid process, a process
identified as "competitive negotiation;" and approval by Council is necessary before
the alternate method may be used, which method will allow for negotiations with
two or more providers to determine the best qualified at the most competitive price
or rate.
561
The City Manager recommended that Council authorize the use of competitive
negotiation as the method to secure vendors to provide appropriate services.
Mr. White offered the following resolution:
(#35790-040102) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of Parking Ticket
Issuance and Management system and software services; and documenting the
basis for this determination.
(For full text of Resolution, see Resolution Book No. 65, page 493.)
Mr. White moved the adoption of Resolution No. 35790-040102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
communication advising that it has been nine months since the reengineering of
solid waste collection programs was completed; in the months that followed last
summer's difficult transition period, City staff have done a good job of meeting their
goals; and arrival of the spring season is expected to bring a growing volume of
trash which will create greater demands on a collection system that continues to
experience challenges due to the condition of the aging solid waste fleet of trucks.
It was further advised that Council's approval of last year's Capital
Maintenance and Equipment Replacement Program (CMERP) included nine solid
waste trucks; to date, Council has approved the lease-purchase of seven of these
units, with delivery expected to occur between now and the end of July; bids were
recently received for the remaining two trucks; breakdowns of existing trucks and
the unreliable nature of the aging fleet has prompted staff to rent several trucks at
a cost projected to reach $119,000.00 by the end of the fiscal year, the cost of which
had not been budgeted; rented trucks will be returned as new trucks are placed into
service, which has caused expenditures in excess of the Solid Waste Division's
budget; and there are several other trucks in the solid waste fleet for which
replacement will be sought in the next CMERP.
562
It was noted that trash volumes are also on the increase; after the
October, 2000 conversion from the former bulk and brush collection system to the
new weekly collection system, quantities immediately began to increase, which
volumes did not level off as anticipated; trash collected by solid waste crews is
averaging nine per cent more than in last fiscal year; which is likewise causing
tipping fee expenditures to exceed that which was budgeted for the current fiscal
year; and this increase does not include recyclables that are collected in amounts
far greater than the previous year; consequently, while the recyclables are
generating savings in the form of cost avoidance, the total waste stream is creating
costs estimated to reach $239,965.00 in excess of that which was originally
budgeted.
The City Manager advised that there were a number of locations identified
where trash collection would change from the alley to curbside; as changes were
implemented, many citizens complained that the change to curbside collection
created a hardship for a variety of reasons; staff re-evaluated those situations and
then reinstated portions of more than 50 alleys for alley collection, which resulted
in the need for additional alley crews to be reinstated; the popularity of the recycling
program also caused the need for one additional crew on Thursdays, and the
number of Physically Challenged customers grew to a volume that also required an
additional crew; additional crews were supplemented by temporary labor services,
charges for which are expected to total $334,147.00, funding for which was likewise
not budgeted; and an additional $4,439.00 was expended for advertising and
publicity of changes to solid waste programs.
It was explained that historically, the Solid Waste Management budget has
required supplemental funding near the end of the fiscal year due to the uncertainty
of trash volumes and other related expenditures; in recent years, it has not been
uncommon for the figure to be in the range of $330,000.00; following last summer's
transition period, Council was informed that solid waste costs were expected to
remain within budget by virtue of cost avoidance in the recycling and leaf collection
programs, as well as the use of lapse money for overtime expenditures used during
the transition period; and at this time, given vehicle rental charges, increased
tipping fees, and use of temporary labor, expenditures will exceed available funds
within the budget by a projected total of $697,471.00.
The City Manager noted that $497,471.00 has been identified for appropriation
into Solid Waste Management, Account No. 001-530-4210; an additional transfer
closer to the end of the fiscal year will need to be brought to Council if financial
projections for expenditures in excess of the current budget remain accurate;
whereupon, the City Manager recommended that Council authorize appropriation
of $400,000.00 from Juvenile Detention Services, Account No. 001-121-2130-2008 and
$97,471.00 from Unappropriated CMERP, Account No. 001-3323, to the following line
items in Solid Waste Management.
001-530-4210-1060
001-530-4210-2010
001-530-4210-2015
Contract Labor
Fees for Professional Services
Advertising
Total
$181,793.00
$311,239.00
$ 4,439.0O
$497,471.00
563
-. Mr. Carder offered the following emergency budget ordinance:
(#35791) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General Fund Appropriations, and providing for an emergency.
Mr. Carder moved the adoption of Ordinance No. 35791-040102. The motion
was seconded by Mr. Bestpitch.
Mr. Hudson expressed concern with regard to the appropriation of additional
funds, and advised that since revisions to the City's solid waste disposal program
were initiated in July 2001, the City has spent thousands of dollars to make the
program work. He stated that at the last Council meeting, a lease purchase
arrangement was approved with Koch Financial Services to lease additional
equipment for refuse collection; and today Council is being requested to approve
another $500,000.00 for solid waste disposal. He called attention to discussions
regarding employee lay offs, City department managers have been instructed to
reduce their budgets by five per cent, and yet the City can afford to spend thousands
of dollars on a new solid waste program. He inquired as to the amount of funds
already expended by the City since July 1, 2001, on the new solid waste disposal
program, and advised that the City of Roanoke is not living within its means, other
large City projects should be addressed, and there is a perception that large sums
of money are being allocated to the solid waste disposal program just to prove that
it can be successful. He stated that he could not support the request for additional
funds because the City has a responsibility to live within its means, especially in
view of current difficult economic times.
Ms. Wyatt concurred in the remarks of Council Member Hudson, and added
that it is difficult to be supportive of the revised solid waste disposal program and
the addition of staff in the solid waste division, when other City departments have
been instructed to cut back on positions. Additionally, she stated that the solid
waste division is currently $697,471.00 over budget in one year which has not been
accounted for. She expressed concern with regard to the possibility of removing
DARE officers from the schools, yet the City administration can recommend
additional staff to collect refuse. For the above reason, she stated that she cannot
support the City Manager's recommendation for additional funds in the solid waste
management division.
564 -
In explanation, the City Manager advised that over the last four to five years,
the City has averaged an additional appropriation to the solid waste division at this
time of the year in the amount of approximately $330,000.00 per year which has been
caused by the inability to evaluate volumes of refuse. She stated that there are
unprecedented volumes of trash and recyclables a result of the new program; and
solid waste activities, including recycling, collection of white goods, bulk trash, leaf
and limb removal collection and the traditional solid waste volumes have increased.
She added that based upon current volumes and current expenditures, before year
end it is estimated that the shortfall could be as high as $697,000.00; however, a
lesser appropriation is requested at this time in anticipation that volumes will drop
off. She also explained that service was reinstated in 50 alleys as the new program
unfolded and those adjustments influenced the number of crews and the frequency
of collection.
There was discussion as to what would happen if additional funds are not
appropriated by Council; whereupon, the City Manager advised that expenditures
will occur unless the City stops collecting refuse or lays off employees. She stated
that in overall ranking, after public safety and education, the next most important
function performed by the City is solid waste collection and removal; and some
citizens do not like the new system of trash collection, but the majority of citizens
believe that Roanoke now has a cleaner community. She reiterated that it is not
unusual at this time of the year to make adjustments within individual departmental
budgets based upon estimates versus real experience; and expenses could be
curtailed for the balance of the fiscal year, although that is not a desired alternative.
Vice-Mayor Carder advised that the additional appropriation appears to be
justified based upon information provided by the City Manager in regard to bulk
trash collection, the new recycling program and adjustments to alley collection. He
spoke in support of discussing ways to address the need for additional funds in
solid waste disposal during fiscal year 2002-03 budget study.
The Mayor suggested that procedures be reviewed to insure that department
managers are knowledgeable with regard to projecting actual/estimated costs within
their departments and the value of new equipment as opposed to repairing and/or
maintaining older equipment. He stated that controls are needed for the future, and
he will support the City Manager's request so as not to disrupt City operations.
Mr. White advised that the solid waste management program has been
successful in cleaning up the City of Roanoke; however, the cost factor needs to be
studied to insure that the true cost of operating the department is identified. He
inquired as to the future impact of the nine new refuse collection vehicles. ,..
565
The City Manager advised that the City is paying a significant amount of funds
for the rental of trucks and manpower inasmuch as vehicles are leased from a
private entity. She explained that used equipment was purchased when the City
initiated the toter system; numerous maintenance problems have occurred, some
of which may be due to the equipment, or the manner in which equipment is
repaired. She stated that it is anticipated that there will be a significant reduction
in over time and maintenance of vehicles, along with other cost savings as a result
of no longer leasing trucks and manpower.
In view of current economic times, Ms. Wyatt questioned whether the City of
Roanoke can afford to provide the refuse collection service at the same level.
Mr. Carder withdrew the motion to adopt the ordinance as an emergency
measure and Mr. Bestpitch withdrew his second to the motion.
Mr. Carder moved that the following ordinance be placed upon its first
reading:
(#35791) AN ORDINANCE to amend and review certain sections of the
2001-2002 General Fund Appropriations.
The motion was seconded by Mr. Bestpitch.
During further discussion of the matter, the City Manager advised that for
some time the City has been supplementing the solid waste budget at this time of
the 'year in excess of $300,000.00; therefore, the proposed 2002-03 fiscal year
budget, will include certain adjustments. Secondly, she advised that the fiscal year
2002-03 recommended budget for the City of Roanoke will be presented to Council
on Monday, April 15, and as a part of budget study discussions, it would be
appropriate for Council to review proposed modifications to the program, effective
July 1,2002. She explained that administrative expenses have been held back as a
measure to insure that the City leaves the current fiscal year in sound financial
condition as it prepares for fiscal year 2002-03; therefore, the City is in a position
this year to identify funds to complete the year within its current level of service.
She stated that the City has created an expectation in its citizens that it will provide
a service by collecting certain articles on certain days of the week and there may be
a misunderstanding at this point if a change is enforced without providing citizens
with an opportunity for input. She added that a significant amount of the money has
already been spent which indicates that the budget adjustment is necessary; and
if Council would like a report on how to curtail expenses between April 15 and
June 30, she will be prepared to make a recommendation to Council at its meeting
on Monday, April 15, 2002.
566 -
In addition to the residential refuse collection service, it was noted that the
City provides commercial service for solid waste pickup; whereupon, the City
Manager advised that collection takes place two times per week in commercial
areas, and collection occurs seven days a week in the Central Business District in
downtown Roanoke at no additional charge, with the exception of those businesses
that currently exceed the comparable to ten toters per week. She further advised
that a recommendation for proposed adjustments will be included in the fiscal year
2002- 03 budget inasmuch as this is an area where there is a significant discrepancy.
Ordinance No. 35791, on its first reading, was adopted by the following vote:
AYES: Council Members White, Bestpitch, Carder and Mayor Smith ............. -4.
NAYS: Council Members Hudson and Wyatt--
(Council Member Harris was absent.)
CITY CODE-SIDEWALK/CURB AND GUTTER-BUDGET-FEE COMPENDIUM-
STREETS AND ALLEYS-OUTDOOR DINING: The City Manager submitted a
communication advising that a committee, composed of City staff, business
leaders and Downtown Roanoke Inc. staff, reviewed and submitted
recommendations to amend Section 30-9.1 of the City Code to allow restaurants to
use the sidewalks, designated streets, and other public property in Roanoke's
commercially zoned areas; current Section 30-9.1 of the City Code permits such
activities in only the C-3, Central Business District; and following amendment and
implementation of a new Permit Application, restaurants will be allowed to use
portions of sidewalks throughout the City of Roanoke, specially designated streets
and other public property for outdoor dining purposes; the committee evaluated and
addressed many issues and regulations surrounding outdoor dining, including ADA
compliance, zoning, Alcoholic Beverage Control laws, health department issues,
pedestrian safety, policing, trash collection, and traffic; such issues will be
addressed in regulations promulgated by the City Manager, and the amended
ordinance will include establishing new fees to be included in the Fee Compendium,
which fees may need to be modified in the future to address increased or decreased
expenditures in operation of the areas.
The City Manager further advised that the Board of Directors of Downtown
Roanoke, Inc., (DRI) voted to approve Outdoor Dining ordinance changes and
regulations on March 12, 2002.
The City Manager recommended that Council adopt an ordinance amending
Section 30-9.1, Code of the City of Roanoke (1979), as amended, and amend the
City's Fee Compendium accordingly.
567
Mr. Carder offered the following ordinance:
(#35792-040102) AN ORDINANCE amending, reordaining, and renaming
§30-9.1, Sidewalk obstruction, Article 1, In general, Chapter 30, Streets and
Sidewalks, of the Code of the City of Roanoke (1979), as amended, to provide for an
outdoor dining permit program to be implemented within the City of Roanoke, and
directing amendment of the Fee Compendium; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 495.)
Mr. Carder moved the adoption of Ordinance No. 35792-040102. The motion
was seconded by Mr. Bestpitch.
The Mayor urged that the Farmer's Market be protected. He stated that if there
is competition for selling time, a mediator should be engaged to insure that both
sides are represented (farmers and restauranteurs), because both are important
components to the City Market area. He asked that the City of Roanoke not lose the
flavor of the Farmer's Market in its efforts to provide outdoor dining.
Ordinance No. 35792-040102 was adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent)
TRAFFIC-CITY CODE-DOWNTOWN ROANOKE, INCORPORATED-PARKING
FACILITIES-RESIDENTIAL PARKING: The City Manager submitted a communication
advising that in 1998, representatives of Downtown Roanoke, Inc., (DRI) and City of
Roanoke staff met with downtown housing developers regarding the need for
downtown residential parking; developers identified such parking as being critical
to the success of downtown living, which led to a strategy by which downtown
residents would be able to park free of charge in City-owned parking garages;
Council approved the strategy on July 6, 1998, for a period of three years; as of
July 2001, 18 residents were using the parking provision; and since that time, City
staff and DRI have been evaluating parking strategy in conjunction with other
measures to further improve downtown residential parking.
568 -
It was further advised that at Council's October 18, 2001 meeting, an
ordinance was adopted that provided certain Roanoke neighborhoods with a
process by which it is now possible to create parking permit areas to allow greater
access to residents to on-street parking near their homes; to date, no applications
have been made under the process; and on October 18, City staff indicated that
those regulations were not designed to address residential parking in the downtown
area.
It was explained that in seeking input from downtown residents, City staff
learned that residents recognize that they do not have, nor are they likely to ever
have, the benefit of a guaranteed parking space at their front doorstep; however,
they do believe that there is a need to provide some parking benefits that would
serve as an incentive for moving to and remaining in downtown; likewise,
developers of downtown residences continue to seek some assurances that more
opportunities for residents to park downtown are available; this is important to
developers as an incentive to securing financing for residential projects; and
residents identified the following issues that are important to their decision to move
into and remain in downtown Roanoke:
Increase the availability of parking or loading zones, especially between
the hours of 6:00 a.m. and 6:00 p.m. This is viewed as particularly
desirable for unloading items such as groceries in close proximity to
their residences.
Allow unrestricted parking in timed parking spaces for nights and
weekends.
Continue to allow free parking in City-owned parking garages for
downtown residences.
Provide for an enhanced feeling of security along the walking paths
between residences and parking areas, as well as in the parking
garages themselves.
In response to these issues, it was noted that City staff advised the residents
that permit parking for areas could be established in strategically placed locations
for use by residents purchasing a permit; while existing timed parking restrictions
would remain in effect at those locations for use by vehicles without a permit (such
as in 15 minute, 30 minute or one hour parking zones), the permitted vehicle would
have the convenience of parking for a longer period of time (at any time of day) in
any permit-parking zone as designated by the City Manager; and the program
includes a $5.00 fee per residential unit and a limit of one permit per licensed adult
resident.
569
The City Manager advised that City staff also advised residents that the
previous free parking program for residents in downtown parking garages could be
reestablished, which provides residents with the option of 24-hour, uninterrupted
parking, when the convenience of on-street parking is not necessary; and there will
also be a need to continue to provide appropriate safety measures in the parking
garages, as well as along the walking paths to and from residences; and reaction to
the proposals has been generally supportive.
The City Manager recommended that Council adopt a resolution
reestablishing a program to provide residents within the Downtown Service District
with free parking in certain City-owned or City-controlled parking garages and
authorize amendment to Division 2, Residential Parking Permits, Article IV, Stopping,
Standing and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of
Roanoke (1979), as amended, to include the Downtown Service District as an eligible
neighborhood in the residential parking permit program; and amend the City's Fee
Compendium to provide for permit fees.
Mr. Carder offered the following emergency ordinance:
(#35793-040102) AN ORDINANCE amending Section 20-77 through and
including 20-80 of Division 2, Residential Parking Permits, of Article IV, Stopping,
Standing and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of
Roanoke (1979), as amended, amending the City's residential parking permit system;
amending the City's Fee Compendium to establish certain fees for such permits; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 500.)
Mr. Carder moved the adoption of Ordinance No. 35793-040102. The motion
was seconded by Mr. Bestpitch.
Mr. Hudson referred to a communication from the owner of Fallon Florist
located on Church Avenue, S. W., who expressed concern that enactment of the
residential parking program will create a hardship on her business; whereupon, the
City Manager advised that three businesses in the downtown area have cited
concerns in regard to the proposed ordinance. She explained that the concerns of
Fallon Florist relate to tenants parking in the time limited spaces during the hours
that the florist is open for business, and a concern that the loading zone area will be
used by tenants for short trips to and from their apartments. She advised theJ. the
Director of Public Works will meet with the owner of Fallon Florist to address her
concerns.
570
Vice-Mayor Carder called attention to overwhelming business support for the
residential parking initiative in downtown Roanoke, and encouraged that City staff
work with the owner of Fallon Florist and others to address concerns. He stated that
the program is a compromise overwhat Downtown Roanoke, Inc., initially requested
which was unlimited parking as is the case in many cities after business hours.
Ms. Wyatt suggested that residential parking be interspersed with business
parking so as not to have a large block of spaces designated solely for residential
parking; whereupon, the City Manager advised that the suggestion will be reviewed.
Ordinance No 35793-040102 was adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................................ -6.
NAYS: None 0.
(Council Member Harris was absent.)
Mr. Carder offered the following resolution:
(#35794-040102) A RESOLUTION establishing a program providing for free
parking for certain downtown residents in certain City-owned or City-controlled
parking garages as recommended by the City Manager's letter and attachment, dated
April 1, 2002.
(For full text of Resolution, see Resolution Book No. 65, page 505.)
Mr. Carder moved the adoption of Resolution No. 35794-040102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Hudson Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
BUDGET-PURCHASE/SALE OF PROPERTY: The City Manager submitted a
communication advising that on March 18, 2002, Council approved the purchase of
three parcels of real estate described as Official Tax Nos. 1010409-1010411,
inclusive, from Virginia Vaughan, represented by First Union Managed Properties;
571
the City of Roanoke was offered first option to purchase the property for the
appraised value of $205,000.00; and funding is available in Transportation Fund
retained earnings and needs to be appropriated by Council.
The City Manager recommended that Council appropriate $205,000.00 from
retained earnings in the Transportation Fund to an account to be established by the
Director of Finance.
Mr. Carder offered the following emergency budget ordinance:
(#35795-040102) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Transportation Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 506.)
Mr. Carder moved the adoption of Ordinance No. 35795-040102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith .......................................................................................... ,----6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
(Council Member White left the meeting.)
SEWERS AND STORM DRAINS: The City Manager submitted a communication
advising that the Virginia Department of Environmental Quality (DEQ) is requesting
that the City of Roanoke enter into a Consent Order to resolve certain permit issues
and exceedences regarding the operation of the City's Regional Water Pollution
Control Plant; the Consent Order contains dates for submission of reports and
requirements to complete infrastructure improvements, and provides regulatory
relief with regard to certain requirements until the existing Water Pollution Control
Plant permit expires in February 2004.
The City Manager further advised that negotiations to develop the Consent
Order included representatives of the City's partnering jurisdictions, as well as staff
from the City and DEQ; and representatives of partnering jurisdictions are familiar
with impacts to their systems that the Consent Order will generate.
572
The City Manager recommended that Council authorize execution of a
Consent Order on behalf of the City with the State Water Control Board and the
Department of Environmental Quality; that the City Manager be authorized to take
such further action and execute and provide further documents as may be necessary
to comply with and implement the Consent Order, including necessary contracts or
agreements with third parties, to complete the projects mentioned in the Consent
Order; and funds required for the projects will be submitted under separate
requests.
Ms. Wyatt offered the following resolution:
(#35796-040102) A RESOLUTION authorizing and directing the City Manager
to execute for and on behalf of the City a Consent Order with the Commonwealth of
Virginia State Water Control Board and the Department of Environmental Quality
(DEQ) resolving certain issues regarding the City's Regional Water Pollution Control
Plant, upon certain terms and conditions; and authorizing the City Manager to take
such further action and to execute and provide such further documents as may be
necessary to comply with or implement the provisions of such Consent Order.
(For full text of Resolution, see Resolution Book No. 65, page 507.)
Ms. Wyatt moved the adoption of Resolution No. 35796-040102. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith .......................................................................................... -5.
NAYS: None ........
(Council Members White and Harris were absent.)
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the
Financial Report for the City of Roanoke for the month of February 2002.
There being no questions and without objection by Council, the Mayor advised
that the financial report would be received and filed.
REPORTS OF COMMITTEES:
AIRPORT-BUDGET: Jacqueline L. Shuck, Executive Director, Roanoke
Regional Airport, presented the proposed 2002-03 fiscal year budget of the Roanoke
Regional Airport, which was adopted by the Airport Commission at its meeting on
573
March 13, 2002. She advised that the proposed budget is in line with reven'Ues,
budgeted expenditures are $5.9 million, although they were expected to be
$6.1 million, and total revenues are currently projected at $6 million, rather than
$6.5 million as previously projected. She explained that nationwide, the number of
passengers using air service has decreased dramatically, and the month of February
showed a 14 per cent decline in passengers, which appears to the national average.
She advised that those who claim to be experts in the airline industry project that it
will probably be 2004 before the numbers approach where they were in August 2001
prior to the World Trade Center disaster. She stated that the proposed budget is
conservative, with no raises proposed for airport employees; however, it is hoped
as revenues come in during the next three months, that the Airport budget will
accommodate a minimal employee raise. She advised that additional security-related
employees are included in the budget, some of which were added immediately after
the September 11 World Trade Center disaster, other employees are contractors
who were working at the airport, and since a number of security measures appear
to be permanent, those employees will be retained as additional staff. She stated
that very little is included for equipment purchases or capital funding in the coming
year, although a robust capital program is included in terms of the second runway,
relocation of a taxiway, and redevelopment in the general aviation area, most of
which will be funded by Federal grants to be matched by State grants.
**,., Mr. Bestpitch offered the following resolution:
(#35797-040102) A RESOLUTION approving the Roanoke Regional Airport
Commission's 2002-2003 proposed operating and capital budget, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 65, page 508.)
Mr. Bestpitch moved the adoption of Resolution No. 35797-040102. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Hudson, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -6.
NAYS: None .................................................................................... -0.
(The abovereferenced measure was voted on out of sequence and before Council
Member White left the meeting.) (Council Member Harris was absent.)
UNFINISHED BUSINESS: None.
574
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY COUNCIL-YOUTH: Mr. Bestpitch offered the following resolution
changing the time and place of commencement of the regular meeting of City
Council on Monday, April 15, 2002, from 2:00 p.m., to 12:00 noon in the Exhibit Hall
of the Roanoke Civic Center, for the purpose of recognizing participants in Student
Government Day, with the 2:00 p.m. session of Council to convene in the City
Council Chamber.
Mr. Bestpitch offered the following resolution:
(#35798-040102) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council on Monday, April 15, 2002.
(For full text of Resolution, see Resolution Book No. 65, page 509.)
Mr. Bestpitch moved the adoption of Resolution No. 35798-040102. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 5.
NAYS: None ~).
(Council Members White and Harris were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BUDGET-REFUSE COLLECTION: At the request of Council Member White,
who had to leave the meeting prior to adjournment, Mr. Hudson requested that the
matter of service levels and costs associated with the Solid Waste Management
Program be referred to fiscal year 2002-03 budget study for further discussion.
ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Carder referred to a
communication from the City Manager under date of April 1, 2002, in regard to the
"Shining Star" recognition program; whereupon, the City Manager requested that
Council review details of the program, and without objection by Council, the
program will be implemented by City staff.
575
CITY EMPLOYEES: Council Member Wyatt requested a report on the City's
personal leave policy. She called attention to reports that on the first day of
personal leave, some City employees advise that they have been placed on family
leave; whereupon, she requested a clarification.
CITY MANAGER COMMENTS:
FIRE DEPARTMENT-CITY MANAGER-COMMUNITY PLANNING-ROANOKE
NEIGHBORHOOD PARTNERSHIP: The City Manager called attention to the following
meetings:
April 8, 2002, 7:00 p.m., Hurt Park Elementary School - Code
Enforcement meeting;
April 16, 2002, 6:30 p.m., Harrison Museum of Africa-American Culture -
Fire Station Plans; and
April 24, 2002, 6:30 p.m., Council Chamber, Ad-Hoc Committee to study
the duties and responsibilities of the Roanoke Neighborhood
Partnership Steering Committee.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is also a time for
informal dialogue between Council Members and citizens; and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
HOUSING/AUTHORITY: Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke
on behalf of residents of the Lincoln Terrace housing development in connection
with a previous request for screen doors on housing units. She advised that staff
representing the Roanoke Redevelopment and Housing Authority recently advised
Lincoln Terrace residents that there will be no front screen doors, only back screen
doors, with the following stipulations: a resident must be 62 years of age or older
and must order the back screen door by request only. She stated that millions of
dollars of Federal funds are being spent on the Lincoln Terrace project and screen
doors are a necessity for health and safety reasons; all residents of Lincoln Terrace
should have screen doors for both the front and back of their housing unit; and
accountability is necessary. She explained that when the matter was last discussed
by Council, it was referred to the City Manager for resolution.
576
At 5:10 p.m., the Mayor declared the meeting in recess for continuation of
three Closed Sessions that were previously approved by Council.
At 6:15 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, except Council Members Harris, White and
Hudson, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder and Mayor Smith
NAYS: None 0.
(Council Members White, Hudson and Harris were absent.)
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: The Mayor
called attention to a communication from the City Manager advising that the Parks
and Recreation Comprehensive Master Plan approved by Council in May, 2000, and
the Parks and Recreation Department Strategic Business Plan identifies the need for
a Parks and Recreation Advisory Board, which will be charged with the
responsibility of making recommendations for future park improvements, to serve
as a valuable resource to the Department of Parks and Recreation in setting long-
term policy issues, and to assist with marketing and fund raising campaigns. He
further advised that it is proposed that the Advisory Board will consist of no more
than 13 members, with initial terms to be staggered, as follows: four members to be
appointed for one year terms, four members to be appointed for two year terms, and
five members to be appointed for three year terms, with reappointment to be for
three years following completion of the initial term of office.
The Mayor opened the floor for nominations; whereupon, Mr. Carder placed
in nomination the names of V. Shay Berger, Erin Garvin, James Hale,
Carl H. Kopitzke, Geraldine LaManna, Mark S. Lawrence, Anita L. Lee, David Nixon,
Brian M. Shepard, S. James Sikkema, Sherley E. Stuart, The Reverend David Walton,
and Onzlee Ware.
577
There being no further nominations, Ms. Berger, Ms. Garvin, Mr. Hale, and
Mr. Kopitzke were appointed for terms of one year, each, ending March 31, 2003;
Ms. LaManna, Mr. Lawrence, Ms. Lee, and Mr. Nixon were appointed for terms of two
years, each, ending March 31, 2004; and Mr. Shepard, Mr. Sikkema, Mr. Stuart,
Reverend Walton and Mr. Ware were appointed for terms of three years, each,
ending March 31, 2005, by the following vote:
FOR MS. BERGER, MS. GARVIN, MR. HALE, MR. KOPITZKE, MS. LAMANNA,
MR. LAWRENCE, MS. LEE, MR. NIXON, MR. SHEPARD, MR. SlKKEMA, MR. STUART,
REVEREND WALTON AND MR. WARE: Council Members Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -4.
(Council Members Harris, Hudson and White were absent.)
Inasmuch as Mr. Sikkema is not a resident of the City of Roanoke, Mr. Carder
moved that the City residency requirement be waived in this instance. The motion
was seconded by Ms. Wyatt and adopted.
There being no further business, the Mayor declared the meeting adjourned
at 6:20 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K Smith
Mayor