HomeMy WebLinkAboutCouncil Actions 11-20-00HARRIS
35136
ROANOKE CITY CO UNCIL
REGULAR SESSION
NOVEMBER 20, 2000
12:15 P. M.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
AGENDA FOR THE COUNCIL
Call to Order--Roll Call. Council Members White and Wyatt were
absent.
The Members of Council met with Congressman Robert W. Goodlatte.
The meeting was declared in recess at 1:35 p.m., and reconvened at
3:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, S. W.
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 20, 2000
3:00 P.M.
GOVERNOR'S SCHOOL LECTURE HALL
PA TRICK HENRY HIGH SCHOOL
2102 GRANDIN ROAD, S. ~.
AGENDA FOR THE COUNCIL
1. Call to Order -- Roll Call. All Present.
The Invocation was delivered by Council Member C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
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NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, November 23,
2000, at 7:00 p.m., and Saturday, November 25, 2000, at 4:00 p.m.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY
COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS THE AGENDA
MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY
COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND
DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE
AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE LECTURE HALL.
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PRESENTATIONS:
Proclamation declaring the week of November 19 - 25, 2000 as Roanoke
Valley Family Week.
File #3-72
Recognition of Jimmy Carter, Nathaniel Craig, Chaun Dooley and Ricky
Joseph, Valley Metro Bus Operators, who won the "Best Overall Operator
Team" Award at the Twelfth Annual Virginia Transit Roadeo on August 26
and 27 in Hampton Rhodes.
File #55-80
CONSENT AGENDA
C-1
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION.
THERE WILL BE NO SEPARATE DISCUSSION OF THE
ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE
REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Minutes of the regular meetings of Council held on Monday, June 5, 2000, and
Monday, June 19, 2000.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
4
A communication from Edward A. Natt, Attorney, requesting an amendment
to the Zoning Ordinance to revise certain language in the LM, Light
Manufacturing District, with regard to general service establishments, and to
add similar language as a permitted use in the HM, Heavy Manufacturing
District.
RECOMMENDED ACTION:
File #51-200
Refer to the City Planning Commission for
study, report and recommendation to Council.
Qualification of Jenna Decker as a member of the Youth Services Citizen
Board for a term ending May 31, 2003.
RECOMMENDED ACTION: Receive and file.
File #15-110-304
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
Request to discuss certain concerns regarding the City's Building
Department. Frank G. Roupas, Spokesperson.
Referred to the City Manager for appropriate response.
File #32-66
_~A~. PETITIONS AND COMMUNICATIONS:
ao
A communication from the Roanoke City School Board requesting
appropriation of funds to certain school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Adopted Budget Ordinance No. 35137-112000. (7-0)
File #60-467
A briefing by Rita Bishop, Assistant Superintendent of Instructions,
Roanoke City Schools, with regard to the Roanoke Valley Governor's
School.
Received and filed.
File #467
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
A report with regard to the First Street Pedestrian Bridge.
Received and filed.
File #102-514
ITEMS RECOMMENDED FOR ACTION:
A report recommending execution of a contract with Trigon Blue
Cross Blue Shield to provide a Comprehensive Health Plan and
a Point of Service Health Plan for City employees, for a period of
one year beginning January 1,2001; and appropriation of funds
in connection therewith.
Adopted Budget Ordinance No. 35138-112000 and Resolution
No. 35139-112000. (7-0)
Council Member White requested that funding for retiree
health insurance benefits be referred to 2001-02 budget study
for discussion.
Council Member Wyatt requested a report within 90 days on
stress-related illnesses and treatment of City employees
compared with the same types of illnesses and treatment one
year ago.
Council Member Hudson requested information on the types
of coverage to be included under the third tier of services
provided by Trigon Blue Cross Blue Shield.
File #60-184-501
A report recommending that Council adopt a measure
encouraging the Virginia Gas Pipeline Co. to hold a public
hearing in Roanoke City on the proposed route of the gas pipeline
that it anticipates building in the City of Roanoke and
surrounding area.
Adopted Resolution No. 35140-112000. (7-0)
File #544
A report recommending acceptance of a monetary pledge from
the Williamson Road Area Business Association to establish a
Community-Oriented Police facility at 1502 Williamson Road,
N. W.; and appropriation of $13,500.00 which represents an
initial gift of $9,000.00, plus an additional gift of $4,500.00.
Adopted Budget Ordinance No. 35141-112000 and Resolution
No. 35142-112000. (7-0)
File #5-68-165-342
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A report recommending acceptance of a grant from the Division
of Motor Vehicles to be used for the purpose of purchasing
automated motor vehicle accident scene measuring equipment, in
the amount of $20,000.00; and appropriation of funds in
connection therewith.
Adopted Budget Ordinance No. 35143-112000. (7-0)
File #5-60-236-472
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A report recommending appropriation of $1,326,710.00 to
various City departmental accounts, to provide funds for
procurement of Capital Maintenance and Equipment Replacement
items.
Adopted Budget Ordinance No. 35144-112000. (7-0)
File//5-20-60-40-67-70-122-183-192-214-270-268-299-323-382-
472
6. REPORTS OF COMMITTEES:
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A report of the Legislative Committee transmitting the proposed 2001
Legislative Program. Council Member William White, Sr., Chair,
Legislative Committee.
Adopted Resolution No. 35145-112000. (7-0)
File #132-137-467
A report of the Bid Committee recommending acceptance of the bid
submitted by J. P. Turner and Brothers, Inc., to install approximately
900 feet of H.D.P.E. storm drain pipe and concrete curb along Summit
Drive, in the amount of $174,686.50; transferring funds totaling
$200,890.00; and a statement of concurrence in the recommendation by
the City Manager. W. Alvin Hudson, Jr., Chair.
Adopted Budget Ordinance No. 35146-112000 and Ordinance No.
35147-112000. (7-0)
File #27-57-60-514
7. UNFINISHED BUSINESS: NONE.
e
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 35115, on second reading, amending the Code of the
City of Roanoke (1979), as amended, by adding a new Section 23-7,
Employment of Off-Duty Police Officers and Sheriff' s Deputies, Article
I, In General, of Chapter 23, Police; to confirm existence of the law
enforcement powers and authorities of police officers and deputy
sheriffs during periods of off-duty employment; and providing for an
effective date.
Adopted Ordinance No. 35115-112000. (7-0)
File//5-24-121
A Resolution changing certain times and places of commencement of
the regular meetings of City Council scheduled to be held on Monday,
December 4, 2000, and Monday, December 18, 2000.
Adopted Resolution No. 35148-112000. (7-0)
File #132
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Adopted Resolution No. 35149-112000 closing certain City offices on
Tuesday, December 26, 2000, and providing for additional holiday
leave for all City employees. (5-2, Council Members Hudson and
Wyatt voted no because it appears that ali City employees are not
being treated equally.)
File #87-184
Council adopted a motion to convene in Closed Meeting, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, for
the purpose of discussing the performance of a Council-Appointed
Officer. (5-2, Council Members Harris and White voted no.)
File #132
bo
Vacancies on and appointments to various authorities, boards,
commissions and committees appointed by Council.
10. OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR RE PO RT
TO COUNCIL.
The meeting was declared in recess at 6:35 p.m., and reconvened at
7:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, S. W., City of Roanoke.
CERTIFICATION OF CLOSED MEETING. (4-0, Council Members
Hudson, White and Carder were absent.)
l0
R O.4NOKE CITY CO UNCIL
REGULAR SESSION
NOVEMBER 20, 2000
7:00 P.M.
GOVERNOR'S SCHOOL LECTURE HALL
PA TRICK HENRY HIGH SCHOOL
2102 GRANDIN ROAD, S. W.
,4 GEND,4 FOR THE COUNCIL
Call to Order-- Roll Call. Ail Present.
The Invocation was delivered by Council Member C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, November 23,
2000, at 7:00 p.m., and Saturday, November 25, 2000, at 4:00 p.m.
PRESENTATIONS:
Special recognition by the Mayor and Members of Roanoke City Council.
Adopted Resolution No. 35136-112000 naming Lawrence
Hamlar as Citizen of the Year 2000 for the City of Roanoke.
File #80-496
Harrison
A. PUBLIC HEARINGS:
Continuation of a public heating on a request of Madison Health Care
Center that approximately 10.384 acres of land located at 4415 Pheasant
Ridge Road, S. W., identified as Official Tax No. 5460101, be rezoned
from C-1, Office District, to LM, Light Manufacturing District, subject
to certain conditions proffered by the petitioner. Richard L. Jones, Jr.,
Spokesperson.
Denied.
File #51
Public heating on a request to amend Section 36.1-25, Definition, to
include a definition for a single-family attached dwelling; Section 36.1-
127, special exception uses in the RM-2, Residential Multi-family,
Medium Density District, and Section 36.1-186, special exception uses
in the C-l, Office District, Chapter 36.1, Zoning, Code of the City of
Roanoke (1979), as amended, to permit single-family attached dwellings
by special exception. Adam J. Cohen, Spokesperson.
The matter was referred to the appropriate subcommittee of the
2001 Comprehensive Plan Advisory Committee for study as a part
of the City's overall Comprehensive Plan.
File #51-200
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Public hearing on a request of Edgewood Christian Church that an
undeveloped alleyway lying between parcels of land identified as
Official Tax Nos. 6090404 and 6090705, and extending north of Willis
Street for an approximate distance of 70 feet and a width of
approximately ten feet, be permanently vacated, discontinued and
closed. Scott A. Harlow, Spokesperson.
Adopted Ordinance No. 35150 on first reading. (7-0)
File #514
Public hearing on a request ofC. E. and H. M. Corporation that a certain
tract of land located on the south side of Elm Avenue, S. E., at its
intersection with 1-581, identified as Official Tax lqo. 4020317, be
rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District. Daniel F. Layman, Jr., Attorney, Spokesperson.
Adopted Ordinance No. 35151 on first reading. (7-0)
File #51
Public hearing on a request of Boone, Boone and Loeb, Inc., to amend
proffered conditions relating to a 23.571-acre portion of Official Tax
No. 1290107, and to substitute new proffered conditions upon that
certain tract of land containing 23.571-acres, more or less, of those six
tracts of land containing 60.53 acres, located between 1-581 and
Franklin Road, S. W., being a portion of property identified as Official
Tax No. 1290107. Edward A. Natt, Attorney, Spokesperson.
Adopted Ordinance No. 35152 on first reading. (7-0)
File #51
Public hearing to consider an amendment to Section 32-104, Code of the
City of Roanoke (1979), as amended, for the purpose of decreasing the
current personal property tax rate on aircraft from $3.45 to $1.06 per
$100.00 of assessed value. Darlene L. Burcham, City Manager; and
James D. Gfisso, Director of Finance.
Adopted Ordinance No. 35153 on first reading. (7-0)
File #9-79
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Public hearing to request the General Assembly of Virginia to make
amendments to the Roanoke Charter of 1952, as amended, to various
sections of the Charter in order to remove 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, and, in general, to make more efficient the operation of City
government. William M. Hackworth, City Attorney.
3515~-
Adopted Resolution No. 34~b4-112000. (7-0)
File #24-50-132-137-467-497
B. OTHER HEARING OF CITIZENS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Mr. George C. Miller, 3349 Kershaw Road, N. W., addressed Council in
regard to the renovation of Victory Stadium, and recommended that
school personnel be included in plans for renovations and/or construction
of a new stadium.
File #122-467
14
Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., addressed Council
in regard to accountability by Council to the voters and participation by
citizens in the local government process. He stated that citizens have a
right to participate, to be heard, and to be respected in the governmental
process; however, the process is currently flawed because City officials
continue to review ways to make government more convenient for City
Council and City administrators, to the detriment of taxpayers.
File #66-132-175
Mr. Robert Gravely, 1412 Moorman Road, N. W., expressed concern with
regard to the limited amount of time allotted to speakers at City Council
meetings. He also expressed concern with regard to large businesses
acquiring land in the City, an increase in tax assessments on real property,
loss of employees in all City departments, the high tax bracket and low pay
scale for City employees.
File #66-79-166-184
WHEREAS,
WHEREAS,
WHEREAS,
in 1968, Sam Wiley, a school teacher and administrator in
Indianapolis, Indiana, believed that Americans needed to actively
promote strong families; and
through the leadership of Mr. Wiley, working with Representative
John T. Myers and Senator Quentin Burdick, legislation was
introduced in the United States House of Representatives to set aside
the week of Thanksgiving each year for National Family Week; in
1972, the bill was passed by the United States Congress, and every
President since that time has issued a Presidential proclamationfor
National Family Week; and
the goal of National Family Week is to promote recognition of and
appreciation for the American family as the foundation of our free
society, and to lay before each American family the continuing
challenge to save and preserve freedom, dignity, honor and mutual
trust among people; and
WHEREAS, strengthening families should be of great concern to all Americans,
and promotion of National Family Week will help to reinstate the
family's central role in the health of our society.
NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim the week of November 19 - 25, 2000, throughout this great
All-America City, as
ROANOKE VALLEY FAMILY WEEK.
Given under our hands and the Seal of the City of Roanoke this fourteenth day of
November in the year two thousand.
" ~' Ralph K. Smith
Mary F. Parker ~'
City Clerk Mayor
Ms. Mary Parker
City Clerk, City of Roanoke
215 Church Avenue Room 456
Roanoke, Virginia 24011
October 19, 2000
VALLEY METRO
Grealer Roanoke Transit Company
P,O. Box 13247
Roanoke, Va, 24032
540-982-0305
Dear Mary,
This letter is in reference to our telephone conversation from earlier this morning.
As you recall, a team of bus operators from Valley Metro participated in, and won best
overall operator team, at the twelfth annual Virginia Transit Roadeo. The event was
hosted by Hampton Rhodes Transit and was held on August 26th and 27th 2000. Ten
transit properties from all over Virginia participated in the event.
The operator's competition consisted of a written examination, and a timed
obstacle driving test. Participants were judged on their appearance, knowledge, driving
skills, professionalism and safety techniques. Judges included representatives from the
Virginia State Police and the Virginia Department of Motor Vehicles.
The bus operator's team was determined through Valley Metro's local roadeo
competition. The members of the operator's team were Jimmy Carter, Nathaniel Craig,
Chaun Dooley and Ricky Joseph.
Valley Metro would like to request the Mayor and City Council recognize the
state's top bus operator team at the City Council meeting on November 20, 2000. Please
let me know if this is possible. Should you require any additional information, please let
me know.
Sincerely,
William E. Holdren, Jr.
Assistant General Manager
397
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 5, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, June 5,
2000, 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 David A. Bowers presiding, pursuant to Rule 1, Regular
Meetinqs, of Section 2-15, Rules of Procedure-, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William
White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor David A. Bowers ............. 6.
ABSENT: Vice-Mayor 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.
At 12:17 p.m., the Mayor declared the meeting in recess.
At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, in a joint session of Roanoke City Council and the
Roanoke County Board of Supervisors, with Mayor David A. Bowers and Chairman
Joseph P. McNamara presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr.,
Carroll E. Swain, William White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor
David A. Bowers ............................................................................................ 6.
ROANOKE CITY COUNCIL MEMBERS ABSENT: Vice-Mayor C. Nelson Harris-l.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Joseph B. Church,
Bob L. Johnson and Chairman Joseph P. McNamara ........................................... 3.
ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix and
Harry C. Nickens ............................................................................................. 2.
398
OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk;
Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Assistant City
Manager for Operations; Glenn D. Radcliffe, Director, Human Development; James
Grigsby, Fire Chief; Christopher Slone, Public Information Officer; James Lester, Jr.,
Environmental Administrator; Troy Harmon, Assistant Municipal Auditor; William D.
Bestpitch, Council Member-Elect and Ralph K. Smith, Mayor-Elect; Representing
Roanoke County: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County
Attorney; Dan O'Donnell, Assistant County Administrator; John M. Chambliss,
Assistant County Administrator; Mary H. Allen, Clerk to the Board; Richard E. Burch,
Jr., Fire Chief; and Gary Robertson, Director of Utilities.
Following lunch, the business session convened at 12:50 p.m.
It was agreed that no items would be added to or deleted from the printed
agenda.
HOUSEHOLD HAZARDOUS WASTE CLEAN-UP DAY-REFUSE COLLECTION:
Mr. Ritchie advised that on Saturday, June 17, 2000, from 8:00 a.m. until 2:00 p.m.,
on the parking lot at the Roanoke Civic Center, a Valley-wide household hazardous
materials clean-up day will be held at which time citizens are encouraged to bring
hazardous household materials to the Roanoke Civic Center for disposal. He stated
that the activity is sponsored by the City of Roanoke, and is supported by all of the
Roanoke Valley governments, the Clean Valley Committee, the Roanoke Valley
Resource Authority, and the localities of Roanoke County, Botetourt County, City of
Salem and Town of Vinton will participate in either in-kind services or monetary
support. He explained that the City of Roanoke, in its agreements with the State and
Federal governments regarding the clean-up of toxic wastes at the Public Works
Service Center, committed to spend $320,000.00 over the next few years for
hazardous household waste clean up; and a certified waste disposal company will
be on site at the Civic Center to collect the items for shipment out of state to a
proper disposal facility. He introduced James Lester, Environmental Specialist for
the City of Roanoke, who will coordinate the program.
WATER RESOURCES: Mr. Kiser called attention to the work of a regional
committee, composed of representatives from the Roanoke Valley governments, that
was appointed for the purpose of reviewing long range water supply demands of the
Roanoke Valley. He stated that the committee, working in conjunction with the
Executive Director of the Roanoke Valley-Allegheny Regional Commission, will
cause a request for proposals to be advertised for consulting services to compile
certain essential information needed in connection with the study. He advised that
atthe City Council meeting later today, Council will be requested to award a contract
for the drilling of two production wells and one recreational well in the City of
Roanoke. He stated that approximately one month ago, the Crystal Springs Pumping
399
Station was taken out of service due to the need for a new filter system, and it is
hoped to have Crystal Spring back in service in approximately 18 months. He
advised that the demand for water from Carvins Cove has been reduced
considerably from last year because of the interjurisdictional agreement, and 16.5
million gallons of water per day is the current demand on Carvins Cove. He stated
that the 16 inch pipeline along Lock Haven Road is about 1200 - 1300 feet complete
and expressed appreciation to Roanoke County for its assistance.
JUVENILE CORRECTIONAL FACILITIES: Mr. Chambliss advised that on
Friday, June 2, 2000, the majority of the records and operational equipment was
moved to the new detention center as a part of Phase I of the project, and on Friday
afternoon, juveniles were moved to the new bed space in the facility. He stated that
in July construction will begin on Phase II with final construction to be completed
in July 2001. He explained that Phase I included the construction of four pods
composed of a total of 58 beds and one of the ten bed pods will be used for intake
and administrative purposes while Phase II construction is ongoing. He advised that
user fees are administered on a per diem basis for beds and the service agreement
provides for a guaranteed number of beds for each of the participating jurisdictions;
however, any unused bed space can be rented by a participating jurisdiction or
another locality throughout the state which helps to address operating costs as well
as debt service on the facility. He noted that the facility will be developed under two
phases and a reimbursement from the State will be requested on the two phases so
as to minimize the amount of interest on debt service. He explained that following
completion of the second phase, the facility will contain a total of 81 beds, and staff
has engaged in extensive training.
FIRE DEPARTMENT: Mr. Burch presented a history of the Regional Fire/EMS
Training Facility, which is a concept that was discussed as early as 1985, but for
various reasons did not materialize. He stated that the idea resurfaced at a later date
and led to numerous meetings of Fire Chiefs from Roanoke County, Salem, Roanoke
City and Vinton; the concept is moving forward, and a legal agreement was entered
into by all four localities in conjunction with their respective legal departments. He
explained that the cost of the project has been divided four ways between the four
localities on a percentage basis; each locality will be responsible for its portion of
costs, a loan has been obtained which will be repaid though a State grant, no local
tax dollars will be invested in the project, and a contract was awarded to United
States Construction Company in August 1999.
Chief Grigsby advised that in August 1999, a contract was awarded for $1.9
million to construct a 17,000 square foot facility located on the Kessler Mill Road site
because the land was already committed for fire and rescue purposes. He stated
that when the building is completed, classroom facilities will be available for
approximately 120 students, along with office space for seven to eight staff persons,
a library, weight room, and training room. He added that construction is on
schedule, with only $20,000.00 in change orders on a $1.9 million project. He
4OO
advised that although the project is estimated at $1.9 million for construction,
including other infrastructure improvements, the facility will be about a $3 million
complex when completed. He stated that the local governments plan to take
possession of the facility on July 9, with a ribbon cutting in late August.
ANIMALS/INSECTS: Mr. Chambliss advised that approximately two years ,the
Roanoke Valley Society for the Prevention of Cruelty to Animals notified the Roanoke
Valley governments of its intent to discontinue impoundment services once its new
capital facility is completed, and its primary efforts would be geared toward
education and pet adoption services. Since that time, he stated that the SPCA has
obtained bids for construction of the facility and bids were higher than was
anticipated; therefore, SPCA officials reconsidered their previous decision and
agreed to serve as an impoundment facility as well. He called attention to meetings
of SPCA officials with Roanoke Valley governmental representatives to discuss
impoundment facilities and operation which resulted in a proposed two year
operating contract whereby the SPCA would continue to provide impoundment
facilities and euthanasia of animals until such time as a new facility is constructed.
He discussed meetings that were held with the architect and SPCA officials to
discuss the type of facility that is proposed by the SPCA and the type of facility that
would be needed for a regional operation by Craig County, Botetourt County,
Roanoke County, the Town of Vinton and the City of Roanoke. He explained that
Craig County plans to move its operation to the City of Salem, which is also
beginning to review an upgrade to its existing site; however, the property is not such
that it would allow construction of a regional facility; therefore, Craig County has
chosen not to participate in future discussions with Roanoke Valley governments
regarding a regional pound facility. By adopting a two year operating agreement, he
stated that the localities can continue their working relationship with the SPCA while
a regional pound facility is designed. He explained that the estimate of the architect
is in the range of $1.3 million to $1.9 million for construction of the impoundment
facility, a potential site has been discussed which is currently owned by the SPCA
and is located immediately south of the existing facility to the east of and parallel to
Route 460; the site will be a tight fit for a consolidated type of operation, however,
there is property located immediately adjacent to the proposed site that could be
considered. He stated that representatives of the four j urisdictions recommend that
the localities proceed with adoption of a two year operating agreement with the
SPCA, while investigating the concept for operation and construction of a joint
impoundment facility.
INDUSTRIES: Mr. Johnson commended the City of Roanoke for taking the
appropriate action to locate the proposed biomedical facility in the Roanoke area.
SPECIAL EVENTS: Mr. Church suggested that a social activity be planned for
officials and staffs of the Roanoke Valley governments which will be a step toward
learning more about each other and how the localities can work together to
accomplish mutual goals and objectives.
401
There being no further business, at 1:45 p.m., the Mayor declared the meeting
of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, June 5, 2000, 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 Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William
White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor David A. Bowers ............ 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy 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 Robert
Watts, Pastor, Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
PROCLAMATIONS-HUMAN DEVELOPMENT-ACTS OF
ACKNOWLEDGEMENT: The Mayor presented a proclamation declaring
Monday, June 5, 2000 as Corinne Beasley Gott Day in the City of
Roanoke. On behalf of the Members of Council, the Mayor recognized
Ms. Gott for over 49 years of service in the Roanoke City Department
of Social Services and presented her with a Key to the City which is the
highest form of recognition bestowed by the City.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: The Mayor presented a proclamation
declaring the month of June 2000 as Prostate Cancer Awareness
Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
402
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to two requests for a Closed Meeting to
discuss disposition of publicly held property; and to discuss personnel
matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 7, 2000, and Tuesday, February 22, 2000; and the
joint meeting of Roanoke City Council and the Roanoke County Board
of Supervisors held on Tuesday, February 8, 2000, were before the
body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
403
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(I), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A
report of the City Manager requesting that Council convene in a Closed
Meeting for the purpose of discussing disposition of publicly held
property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to convene in a Closed Meeting to discuss disposition of
publicly held property, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
COMMITTEES-LIBRARIES: A communication from Gloria P.
Manns tendering her resignation as a member of the Roanoke Public
Library Board, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by Mr.
Swain and adopted by the following vote:
404
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
COUNCIL-ROANOKE VALLEY RESOURCE AUTHORITY-OATHS
OF OFFICE-COMMITTEES: The following reports of qualification were
before Council.:
Wendell H. Butler as a Member of Roanoke City Council
for a term commencing May 15, 2000, and ending June 30,
2000; and
Robert K. Bengtson as a City Representative to the
Roanoke Valley Resource Authority Board of Directors to
fill the unexpired term of Kit B. Kiser, resigned, ending
December 31, 2000.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTS OF ACKNOWLEDGEMENT-COUNCIL-DECEASED
PERSONS: A. L. Holland, Chairperson, presented a written report on
behalf of the Noel C. Taylor Tribute Committee, composed of the
following members: Elizabeth T. Bowles, The Reverend E. T. Burton,
ACTION:
405
M. Caldwell Butler, Dr. Wendell H. Butler, Bob R. Caudle, Warner N.
Dalhouse, Robert A. Garland, Helen J. Hall, James G. Harvey, II, David
K. Lisk, Delvis O. McCadden, The Reverend Dwight O. Steele and
Margaret C. Thompson.
Mr. Holland advised that the Tribute Committee meton numerous
occasions since its appointment and considered a number of
proposals, all of which were worthy suggestions; however, at a meeting
on Wednesday, April 12, 2000, a motion was adopted to recommend
that the Roanoke City Municipal Building be named the Noel C. Taylor
Municipal Building; and that Ms. Anne Bell, a local artist, be
commissioned to paint a portrait of the late Dr. Taylor which would be
displayed in the lobby of the Municipal Building, with the appropriate
inscription.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that Council concur in the recommendation of
the committee. The motion was seconded by Mr. Hudson and
unanimously adopted.
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, addressed Council with regard to efforts to reduce
student truancy. He advised that in 1993, it was recognized that the
Roanoke City School system was looking at a nine per cent drop out
rate, and high numbers of students who were absent 25 days or more
out of a 180 day school year, which indicated that purposeful measures
needed to be taken to reduce absenteeism which, in turn, reduces
truancy and likewise, reduces the drop out rate. He stated that he was
pleased to report that based on certain corrective measures that have
been taken since 1993, the drop out rate has been reduced to six per
cent based on last years' data; however, more work needs to be done
to address the problem. He explained that as the school system began
its war on truancy, it worked with the Honorable Joseph Bounds,
Judge, Juvenile and Domestic Relations District Court, Court Services
Unit, and Student Services to pool experiences and resources
regarding absenteeism; and working in conjunction with certain other
agencies, a Federal grant was written and funded, in the amount of
$385,000.00, which provided funds to employ attendance counselors
and the restructuring of over sight responsibility by assigning a middle
school principal to manage the attendance and truancy office. He
stated that Judge Bounds lent his support by dedicating one day a
week on his court docket to address all truancy cases, which has led
to a significant reduction in attendance problems, or a 16 per cent
increase in attendance when comparing 1999 data to 1993 data.
406
ACTION:
Anne Harmon, Executive for Student Services and Alternative
Programs, advised that truancy is recognized as a severe problem at
local, state and national levels; and the overall goal is to address
truancy as a community problem requiring the collaboration and
coordination of intervention efforts between community-based and
school-based professionals. She explained that truancy is one
indicator of other factors or stressors that impact youth and the family,
such as dysfunctional family patterns, poor parenting skills, abuse and
neglect, substance abuse, unaddressed learning problems, and lack of
social bonding, etc. She called attention to efforts to improve services
for these youth and their families by implementing a more focused team
approach for intervention. She explained that 11 specialists serve 19
schools and one court liaison; and over a three year period, more than
9500 home visits were conducted, 8900 student conferences were held,
and over 15,000 parent and staff consultations took place. She
reviewed the following additional efforts of specialists' to maintain
attendance incentive programs for students to participate in support
team meetings, to verify absences with parents, to provide small group
instruction to promote self esteem for borderline truant children, to
implement individual intervention plans and coordination of community
agencies, and to work with the Police Department in connection with
random sweeps of neighborhoods to identify truant students. As a
result of their actions, she stated that there has been a reduction of 27
per cent in the number of students missing 25 days out of the 180 day
school year, and an increase of 16 per cent in the number of students
missing ten days or less.
Judge Joseph Bounds commended the relationship between the
school system and the court system to establish a truancy program
which has brought about successful results. He advised that the City
of Roanoke was on the cutting edge by taking these types of actions
five years ago before the Commonwealth of Virginia mandated each
school jurisdiction, at the end of a certain number of absences, to
report any violations to the court system. He stated that through the
efforts of Ms. Harman and Dr. Harris, a team has presented the City of
Roanoke's program throughout the Commonwealth of Virginia and
some localities have chosen to model their programs after the City of
Roanoke. He explained that the backbone of the program is a
collaborative effort between the court system, the school system, the
Department of Social Services, and the City Health Department.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
407
ACTION:
ACTS OF ACKNOWLEDGEMENT-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The City Manager recognized Estelle McCadden,
President, Melrose/Rugby Neighborhood Forum, and a member of the
Board of Neighborhoods USA, who, along with a group of
approximately 14 other persons representing various neighborhoods,
attended the recent NUSA Conference in Phoenix, Arizona. The City
Manager called on Ms. McCadden for remarks.
Ms. McCadden expressed appreciation to the City of Roanoke for
approving a Community Development Block Grant of $30,000.00 that
enabled the Melrose/Rugby Neighborhood Forum to purchase a
building located at 1730 Orange Avenue, N. W., for operation of its
neighborhood organization/community center. She advised that the
Melrose/Rugby project was presented to the National Board of
Neighborhoods USA atthe Annual Conference in Phoenix, Arizona, and
the City of Roanoke was selected as one of four finalists in the category
of revitalization, renovation, and beautification of a single family
neighborhood. She stated that itwas her pleasure to announce that the
City of Roanoke received the following award on May 27, 2000, at the
NUSA 25th Annual Conference in Phoenix, Arizona: "NUSA USA
Building Strong Community Award, First Prize, Physical Revitalization
Award of the Year to Melrose/Rugby Neighborhood Forum, Roanoke,
Virginia."
At 3:05 p.m., the Mayor declared the meeting in recess for a
Closed Session.
At 3:40 p.m., the meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, except Vice-
Mayor Harris, Mayor Bowers presiding:
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Swain moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of 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:
4O8
AYES: Council Members Hudson, Swain, Wyatt, Butler
and Mayor Bowers ....................................................................... 5.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent and Council Member White was out of
the Council Chamber).
WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SCIENCES-IMAX THEATRE-ECONOMIC DEVELOPMENT: The Mayor
announced that at 4:30 p.m., a News Conference will be held in the
Emergency Operations Center Conference Room to announce the
coming together of two major initiatives-the IMAX Theatre and the
Roanoke Art Museum. He explained that City Council has formed a
consensus, along with others in the community, to request community
support for the combining of the IMAX Theatre and the Roanoke Art
Museum into one project in downtown Roanoke on the site behind
Billy's Ritz Restaurant where the viaduct once stood; and the project
is estimated to cost $30 million with the City to provide an investment
of $4 million plus the land.
Mr. White moved that the site behind Billy's Ritz Restaurant,
which was formerly the viaduct location, be provided to the Western
Virginia Foundation for the Arts and Sciences for an IMAX Theatre and
Roanoke Art Museum facility, with the City of Roanoke to provide $4
million plus the land over the next several years, subject to further
negotiation, public hearing and adoption of the appropriate measures
by City Council. The motion was seconded by Ms. Wyatt and adopted.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT: The
City Manager submitted a written report advising that the Roanoke City
Police Department utilizes a "rotating wrecker service list" when
dispatchittg towing companies to remove vehicles from accident
scenes or when they are otherwise impeding the orderly flow of traffic;
to be included on the list, a wrecker service company must comply with
specific requirements outlined in a document described as City
Manager's Rules and Regulations forWrecker Services; and the current
wrecker service agreement, prepared in 1992, no longer provides
adequate compensation for the towing companies, nor does it include
necessary insurance, inspection, and safety requirements.
409
It was further advised that over the last three months, City
representatives from the Police Department, the Office of Management
and Budget, and the City Manager's Office have been working in
consultation with representatives of the local towing industry (Brown
& Son, Robert Young, Weststar, and Wood's) to review and make
recommendations for appropriate amendments to the wrecker service
agreement; and, in addition, the Police Department conducted a survey
to determine how localities across the state meet their towing needs
and it was discovered that most localities allow wrecker services to
charge market rate prices and tow vehicles to their private secured lots.
Itwas explained that major changes in the Rules and Regulations
will allow towing companies to store vehicles in private secured lots,
to charge customers market rates, and to dispose of vehicles when
appropriate; a vehicle will be stored in the City's impoundment lot only
when the Police Department determines that the vehicle needs to be
retained by the City as evidence, which will substantially reduce the
number of vehicles that are stored in the City's impound lot; the Police
Department and wrecker service companies have agreed to enhance
public safety by ensuring that all tow vehicles have appropriate safety
equipment to protect citizens, personnel, and the environment; a non-
discrimination provision is included and other minor changes include
a clarification of insurance requirement and an adjustment of the
required response time; although wrecker service companies will now
be allowed to set their own rates, the City has an interest in protecting
vehicle owners from unreasonable charges; to provide a forum for
review of towing fees and general compliance with the Rules and
Regulations, appointment of a Towing Advisory Board is proposed;
which will meet quarterly and include representatives from the
community, the Police Department, other public safety departments,
and the towing industry; and State law requires that the Advisory Board
be appointed by Council prior to regulation of the rates by the City.
The City Manager recommended that Council approve changes
to the City Code to reflect the above recommendation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#34843-060500) AN ORDINANCE amending and reordaining
subsection (c) of §20-7, _General powers and duties of city manager with
respect to traffic, by the addition of a new paragraph 4; subsection (b)
of §20-66, Stol~r)in~l on streets and highways generally: subsection (a)
41'0
ACTION:
of §20-94, Officer's report of removal; notice to owner of impoundina:
subsection (a) of §20-95, Manner of redeeming impounded vehicles;
costs; and §20-96, Payment of removal costs not to be released from
other violations etc., and adding a new §20-16, Towing Advisory Board,
to the Code of the City of Roanoke (1979), as amended, to provide for
towing of certain vehicles by private companies; and creating a towing
advisory board; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 139.)
Mr. Hudson moved the adoption of Ordinance No. 34843-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ..................................................................... 0.
(Vice-Mayor Harris was absent).
CONVENTION AND VISITORS BUREAU: The City Manager
submitted a written report advising that Council adopted an annual
operating budget which included $541,440.00 to the Roanoke Valley
Convention and Visitors Bureau (RVCVB) for fiscal year 2000-01; and
Council requests the assistance of the RVCVB in marketing and selling
Roanoke and desires assurances that these funds will be used for
these purposes.
It was further advised that the City has negotiated a one year
agreement commencing July 1,2000 with the RVCVB detailing the use
of the funds; the RVCVB will submit a detailed budget and work plan to
the City Manager no later than July 30, 2000, for review and approval;
funding should be made available in a timely manner to assure
consistent delivery of services by the RVCVB; and the agreement
contains a provision requiring both partners to indemnify and hold
harmless each other.
The City Manager recommended that Council authorize four
payments of $135,360.00, each, for a total of $541,440.00, and further
authorize the City Manager to execute an agreement for the express
purpose of marketing the Roanoke Valley as a regional destination for
convention, conference, leisure and business travel.
411
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following Resolution:
"A Resolution authorizing an agreement with the Roanoke Valley
Convention and Visitors Bureau for the purpose of increasing tourism
in the Roanoke Valley." ,
The motion was seconded by Mr. Swain.
Following discussion, Mr. White moved that Council table the
report pending response to the following issues by the City Manager:
What percentage of the total RVCVB budget is funded by
the City of Roanoke;
Previous questions by Members of Council in regard to
hiring practices of the RVCVB;
A previous request by a Member of Council that the City
Manager recommend the most efficient and effective way
to deliver services through the RVCVB; and
A non-discrimination clause in those cases where
subcontracts do not exceed $10,000.00 (the City Attorney
advised that the Attorney General of the Commonwealth
of Virginia has rendered an opinion that localities may not
vary the language which is based on State Statute).
The motion was seconded by Mr. Swain and adopted.
When the City Manager reports to Council, it was requested that
a representative of the RVCVB be in attendance to respond to
questions.
TRAFFIC-STREET LIGHTS-PUBLIC WORKS: The City Manager
submitted a written report advising that Council authorized the City
Manager to execute an agreement with Roanoke County to share in the
cost of traffic signalization on Airport Road at its April 3, 2000, meeting;
a resolution is needed to authorize execution of Amendment No. 3 to
the traffic signal design services agreement with Mattern & Craig, P. C.,
for traffic signal design at two additional intersections (Airport Road at
412
ACTION:
Municipal Road and Airport Road at Towne Square Boulevard); and
Amendment No. 3 would increase the current contract amount by
$35,000.00 (from $94,000.00 to a new total of $129,000.00).
It was further advised that funding is available in the "Airport
Road Traffic Signals" account; Roanoke County will ultimately
reimburse the City of Roanoke for 50 per cent of the cost; and Mattern
& Craig, P. C., is prepared to begin work in an effort to meet the April
15, 2001, completion date for traffic signal installation.
The City Manager recommended that Council adopt a measure
authorizing her to execute Amendment No. 3 to the contract with
Mattern & Craig, P. C., in the amount of $35,000.00 for two new
signalization projects.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution'
(#34844-060500) A RESOLUTION authorizing the City Manager's
execution of Amendment No. 3 to the City's contract with Mattern &
Craig, Inc., for additional engineering services for traffic signal design
at two intersections (Airport Road at Municipal Road and Airport Road
at Towne Square Boulevard).
(For full text of Resolution, see Resolution Book No. 63, page 142.)
Mr. Hudson moved the adoption of Resolution No. 34844-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-EMERGENCY SERVICES: The City Managersubmitted
a written report advising that on December 15, 1998, the City of
Roanoke, Roanoke County, Salem and Vinton entered into a
Partnership Agreement with FEMA to become Virginia's first Project
Impact community; under this initiative, the Roanoke Valley
ACTION:
413
communities received $500,000.00 in grant funding to begin efforts to
better prepare for future disasters; and funds are administered by the
Roanoke Valley-Allegheny Regional Commission.
It was further advised that under Project Impact, the Stormwater
Management Workgroup, has contracted for preparation of Elevation
Certificates for the Valley's floodplain properties which will provide
many benefits such as: reducing flood insurance premiums for some
properties, streamlining future closings, assisting in floodproofing
efforts, providing more accurate flood warnings, streamlining
floodplain building permits, and assisting future purchase/relocation
grant projects; since initial Project Impact funding would cover only
about one-half of the Valley's floodplain buildings, additional grant
assistance was pursued, and on April 28, 2000, the Virginia Department
of Emergency Services approved a grant of $79,269.78, which will allow
for completion of approximately 90 per cent of the Valley's floodplain
properties; the grant represents 100 per cent funding and requires no
local matching funds; and funds were inadvertently wired to the City of
Roanoke on May 12, 2000, and need to be transferred to the Roanoke
Valley-Allegheny Regional Commission.
The City Manager recommended that Council authorize the
Director of Finance to appropriate $79,269.78 which was received from
the Commonwealth of Virginia, Department of Emergency Services, to
a capital project account designated as "Project Impact Elevation
Certificates", and further authorize the Director of Finance to transfer
the funds to the Roanoke Valley-Allegheny Regional Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34845-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency. ~
(For full text of Ordinance, see Ordinance Book No. 63, page 143.)
Mr. White moved the adoption of Ordinance No. 34845-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
41:4
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................. 6.
NAYS: None ...................................................................... -0.
(Vice-Mayor Harris was absent).
TRAFFIC-SIDEWALK/CURB AND GUTTER-BUDGET-CAPITAL
IMPROVEMENTS PROGRAM: The City Manager submitted a written
report advising that the Transfer to Capital Projects Fund account in
the General Fund (Fiscal Year 1999-2000) includes a balance of
$210,000.00 budgeted for "Transportation Projects" and $200,000.00
budgeted for the "Curb, Gutter & Sidewalk Program"; these amounts
have not been appropriated in accounts in the Capital Projects Fund,
which needs to be done to properly reserve the funds for the capital
projects for which they were intended to finance; and projects related
to transportation and infrastructure would have a total of $410,000.00
available as a supplement to funding made available from the past two
bond referendums.
It was further advised that timing is important for funds to be
appropriated prior to the end of the fiscal year; and projects in need of
funding are identified as follows:
New curb, gutter and sidewalk: $100,000.00 to Capital
Improvement Reserve for Streets & Bridges, Account No.
008-052-9575-9181;
Replacement of curb, gutter and sidewalk: $100,000.00 to
a new account to be identified by the Director of Finance;
Roadway safety improvements at the intersection of
Riverland RoadlBennington Street/Mount Pleasant
Boulevard: $140,000.00 to Roadway Safety Improvement
Account No. 008-052-9606; and
Final payment to the Virginia Department of
Transportation for the City's share of Peters Creek Road
Extension: $70,000.00 to Peters Creek Road Extension
Account No. 008-052-9595.
The City Manager recommended that Council appropriate
$410,000.00 from the Transfer to Capital Projects Fund to the above
referenced accounts.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
415
Mr. Swain offered the following emergency budget ordinance:
(#34846-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 144.)
Mr. Swain moved the adoption of Ordinance No. 34846-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
CITY CODE-TAXICABS AND FOR-HIRE VEHICLES: The City
Manager submitted a written report advising that on April 3, 2000,
Council considered a petition dated March 24, 2000, on behalf of Yellow
Cab Services of Roanoke, Inc., for a taxicab fare rate increase; and the
petition was referred to the City Manager for report and
recommendation.
It was further advised that rates for taxicab fares were last
adjusted on October 14, 1990; the requested fare increase amounts to
an approximate 17 per cent increase and seems well justified as
presented in the petition; and the requested fare increase is as follows:
From T__~o
$1.60 for the first 117 mile $1.90 for the first 118 mile
20¢ for each additional 117 mile 20¢ for each additional 118 mile
20¢ for each 60 sec. waiting time 20¢ for each 40 sec. waiting time
The City Manager transmitted a copy of a letter dated April 12,
2000, from Mr. Steven St. Jacques supporting the fare increase, but
recommending a different method of statement of the fare.
(See communication on file in the City Clerk's Office.)
41'6
ACTION:
Itwas explained that fares have not increased in almost ten years
and an increase is justified; fares appear to be more easily understood
by keeping incremental charges as a fraction of the initial charge; and
the recommended wording of the proposed fare structure has been
shared with all three permitted cab companies with no dissent.
The City Manager recommended that Council amend Section 34-
130 (g) Code of the City of Roanoke (1979), as amended, to provide that
rate will be:
$1.80 for the first 118 mile plus
$1.60 per mile or $18.00 per hour
charged in 20¢ increments
Effective date to be as soon as meters can be adjusted, but no later
than July 1, 2000.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency ordinance:
(#34847-060500) AN ORDINANCE amending Article III, Public
Vehicles (Taxicabs and For-Hire Automobiles), of Chapter 34, Vehicles
For Hire, of the Code of the City of Roanoke (1979), as amended, by
amending and reordaining subsection (g) of §34-130, Rate Schedule;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 145.)
Dr. Butler moved the adoption of Ordinance No. 34847-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-LIBRARIES: The City Manager submitted a written
report advising that a building condition assessment of the Main
Library conducted by Balzer and Associates, Inc., in association with
Spectrum Engineers, identified the need to replace obsolete electrical
ACTION:
417
distribution and branch circuit panel boards, as well as renovation of
a public restroom to comply with ADA guidelines, at an estimated cost
of $31,000.00.
The City Manager recommended that Council approve the
transfer of $31,000.00 to a new capital account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34848-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 146.)
Mr. Hudson moved the adoption of Ordinance No. 34848-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-DONATIONS/CONTRIBUTIONS.LIBRARiES: The City
Manager submitted a written report advising that Ms. Lenore Wood, a
long time resident of the Patrick Henry Hotel, died on March 25, 1999;
because of her admiration and love for Elmwood Park and the many
hours of enjoyment spent in the Main Library, Ms. Wood included the
City of Roanoke in her will; and specifically directed "the funds
constituting this bequest be used...for the continued beautification of
Elmwood Park, the Main City Library...and for other street beautification
projects as the City may deem best."
It was further advised that the City received a check, in the
amount of $39,044.95, on April 27, 2000; and the Department of Parks
and Recreation and the Department of Libraries will share the funds,
41'8
ACTION:
which will be used to purchase furnishings for the Main Library and to
replace the pond covers, purchase aquatic plants, hanging baskets,
and a tree for Elmwood Park.
The City Manager recommended that Council accept the gift and
appropriate the funds to two separate capital project accounts, one for
Parks and Recreation, in the amount of $19,522.00, and the other for
Libraries, in the amount of $19,522.95; and that an expression of
appreciation be forwarded to the Executrix of Ms. Wood's estate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34849-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 147.)
Mr. Swain moved the adoption of Ordinance No. 34849-060500.
The motion was seconded by Mr. Hudson.
The Mayor read a letter from Vice-Mayor-Elect William H. Carder
advising that Ms. Wood was a long time resident of the Patrick Henry
Hotel for 25 years until her death last year. He called attention to her
love for the City of Roanoke and its people, her excitement over the
transition that has occurred in the City during the past ten years, and
her passion for Elmwood Park and the Roanoke City Public Library. He
advised that until her last days, Ms. Wood was vibrant, exciting and had
a positive attitude about life.
Ordinance No. 34849-060500 was adopted by the following vote:
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Swain offered the following resolution:
ACTION:
419
(#34850-060500) A RESOLUTION accepting the monetary gift
from the estate of Ms. Lenore Wiser Wood, to be used for the continued
beautification of Elmwood Park and the Main City Library, and
expressing appreciation for said gift.
(For full text of Resolution, see Resolution Book No. 63, page 148.)
Mr. Swain moved the adoption of Resolution No. 34850-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BICYCLIST-YOUTH-CITY CODE: The City Manager submitted a
written report advising that in October, 1999, a student from Patrick
Henry High School wrote to Mayor Bowers requesting that Roanoke
follow the lead of other Virginia localities, including Virginia Beach,
Blacksburg, York County, Alexandria and Manassas, and protect its
children under the age of 14 with a mandatory bicycle helmet law; and
a committee consisting of a representative appointed by the
Superintendent of Schools, representatives from the Roanoke
Redevelopment and Housing Authority, the Blue Ridge Bicycle Club,
Safe Kid's Coalition, local bicycle shops and City staff met to consider
the proposed ordinance and to explore ways to promote safety for
children riding bicycles.
It was further advised that the major thrust of the bicycle law
would be to promote the use of bicycle helmets and to educate all
riders and their parents; the working group has identified sources of
Iow-cost and free helmets and identified ways to distribute the helmets
to those in need; a minimal fee would be applied toward helmet
purchase, and enforcement would consist of a police officer talking
with parents and children as ordinance violations occur and providing
children with a helmet, if needed.
The City Manager recommended that Council adopt a measure,
effective October 1, 2000, which will allow ample time for education
through community and school efforts in the promotion of safe bike
riding and the provision of helmets for children in the City of Roanoke.
420
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler moved that the following ordinance be placed upon its
first reading:
(#34851) AN ORDINANCE amending the Code of the City of
Roanoke (1979), as amended, by adding new §21-47, Bicycle helmets,
to Article I, In General, of Chapter 21, Offenses - Miscellaneous, Code
of the City of Roanoke (1979), as amended, such new section
prohibiting persons fourteen years of age or younger from riding or
being carried on a bicycle on any highway, sidewalk, or public bicycle
path without wearing a protective helmet; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 63, page 180.)
The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Council Members suggested that prior to the end of the school
year, Roanoke City School students should be provided with
information advising that the bicycle helmet law will take effect on
October 1, 2000, and encouraging that they not ride bicycles without a
protective helmet; and a method should be initiated to identify those
helmets which are donated by the City.
BUDGET-DOWNTOWN ROANOKE, INCORPORATED-
CONSULTANTS REPORTS: The City Manager submitted a written
report advising that Outlook Roanoke, a five year plan for downtown
Roanoke, was completed in April 1997 by Urban Design Associates; the
plan continued a public participatory process for downtown that began
in 1979 and was updated in 1985, and was a joint effort of Downtown
Roanoke, Inc., the City of Roanoke, and the Redevelopment and
Housing Authority; the plan needs to be updated to strengthen
Roanoke's economic vitality in the downtown and its surrounding
neighborhoods, and will include downtown neighborhoods and focus
on the siting of future downtown projects (i.e. housing, main library,
421
new hotel site, upscale retail and entertainment); and issues in the near
future that must be carefully considered include: key opportunities for
additional downtown business development, support services for
downtown housing, community design standards for new development,
integration of new development with adjacent neighborhoods,
redevelopment of selected downtown areas, and parking.
It was further advised that Downtown Roanoke, Inc., would like
to work with the City and the Housing Authority to update the plan and
has requested the City's assistance in moving the project forward; with
the City's initiation of a downtown parking study, important decisions
related to downtown development must be made in a timely manner
and integrated into other initiatives to ensure a successful future for
downtown; preliminary discussions with Downtown Roanoke, Inc. have
indicated that the cost to update the plan to meet the immediate needs
of downtown Roanoke will be approximately $165,000.00; the plan will
be coordinated with the City's Comprehensive Plan and with
neighborhood plans surrounding the downtown area; it is expected that
an advisory committee, representing diversified business and
neighborhood interests, would be established to guide the plan and the
public participation process, with the ultimate goal to make the plan an
adopted component of the Comprehensive Plan; if started in June, the
downtown plan could be completed by the end of the year; action by
Council is needed to appropriate funds to Downtown Roanoke, Inc., and
to authorize the transfer of funds totaling $165,000.00 for the purpose
of updating the downtown plan; and additional contributions and in-
kind services are expected from Downtown Roanoke, Inc., and the
Roanoke Redevelopment and Housing Authority.
The City Manager recommended that Council appropriate and
transfer funds, as follows:
A_~r~ropriation/Transfer/From ·
Account Name
Account Number
General Fund Contingency
Miscellaneous Refunds
VRS - Jail
FICA - Jail
Residual Fringe Benefits-
001-002-9410-2199.
001-004-9140-2170
001-024-3310-1110
001-024-3310-1120
Health Insurance 001-004-9110.1125
Total - Appropriation/Transfer From
Amount
$47,104.00
42,896.00
25,000.00
15,000.00
35,000.00
$165,000.00
422
ACTION:
Account Name
Dowtown Plan Update
Account Number
008-052-9579-9003
Amount
$165,000.00
The City Manager advised that Council will be involved in the
update which will be integrated with the City's Comprehensive Plan and
applicable neighborhood plans.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34852-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 148.)
Mr. Swain moved the adoption of Ordinance No. 34852-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt,
Butler and Mayor Bowers ............................................................ 6.
NAYS: None ..................................................................... -0.
(Vice-Mayor Harris was absent).
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a
written report advising that the Roanoke Public Library has been
awarded two grants by the Library of Virginia under the Federal Library
Services and Technology Act, State Administered Program; the
assistive technology grant of $10,000.00 will be used to purchase a
computer workstation and software that will allowthe blind and visually
impaired to access the Internet and other electronic resources at the
Main Library; and the Youth Services grant of $2,500.00 will be used to
support the Homework Helpline project sponsored by Blue Ridge
Public Television, Roanoke City Public Schools, and others.
It was further advised that there is no local match required for
grant funds, which must be expended by September 30, 2000.
The City Manager recommended appropriation of $12,500.00 to
the following grant fund accounts:
ACTION'
423
Other Equipment
Fees for Professional
Services
035-054-5027-9015
035-054-5028-2010
$10,000.00
$ 2,500.00
Increase revenue estimate in an account to be established by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34853-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 151.)
Mr. Swain moved the adoption of Ordinance No. 34853-060500.
The motion was seconded by Dr. Butler and adopted by the following
vote:
ACTION'
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Swain offered the following resolution:
(#34854-060500) A RESOLUTION accepting a Library Services
and Technology Act (LSCA) Grant for the blind and visually impaired.
(For full text of Resolution, see Resolution Book No. 63, page 152.)
Mr. Swain moved the adoption of Resolution No. 34854-060500.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
424r
NAYS: None ..................................................................... -0.
(Vice-Mayor Harris was absent).
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT-ZONING: The
City Manager submitted a written report advising that the Southern
Lane Group, LLC (SLG) approached the City for assistance with a
commercial development along Route 220 South below the Southern
Hills neighborhood; the Planning and Community Development
Department, along with the Economic Development Department and the
neighborhood group, met to discuss concerns of the neighborhood;
and after determining the needs of all groups, the property was rezoned
with certain proffers; SLG has agreed to enter into a Performance
Agreement with the City and the Industrial Development Authority; to
invest a minimum of $2 million in the project and to provide for
infrastructure in the area, including a realigned Southern Hills Drive to
connect to Franklin Road approximately at the traffic light at Lowes and
an upgraded Southern Lane; in addition, improvements are to be made
to drainage and up to seven sites for commercial use are to be graded;
and SLG will construct this infrastructure according to state and local
standards and then dedicate the improvements to the City of Roanoke.
It was further advised that in return, the City of Roanoke will
donate to the SLG, through the Industrial Development Authority (IDA),
up to $800,000.00 and the IDA will reimburse the SLG one dollar for
every two dollars spent by SLG; a period of 30 months from the date of
the Agreement will be allowed for the draw down of funds and
completion of infrastructure; funding is available in the Debt Service
Fund and will be repaid from incremental taxes generated by
development of the property; as per the performance agreement, the
SLG development will generate $1.6 million in tax revenue through real
estate, personal property, BPOL, utility, and other applicable taxes
within six and a half years of the signing of a performance agreement,
and one half of this amount, or $800,000.00, will be used for
improvements needed by the Southern Hills neighborhood; and if the
area does not generate $1.6 million in tax revenue in six and one half
years, SLG will pay a proportional amount back to the IDA at 8 per cent
interest.
The
execute a
Authority
City Manager recommended that she be authorized to
performance agreement with the Industrial Development
and Southern Lane Group and appropriate funds in the
425
amount of $800,000.00 from Debt Services Fund Reserve to an account
to be established by the Director of Finance in the Capital Projects
Fund. .
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34855-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects and Debt Service Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 152.)
Mr. Hudson moved the adoption of Ordinance No. 34855-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Hudson offered the following emergency ordinance:
(#34856-060500) AN ORDINANCE authorizing the proper City
officials to execute a Performance Agreement among the City of
Roanoke (City), the Industrial Development Authority of the City of
Roanoke, Virginia (Authority), and Southern Lane Group, LLC (SLG),
that provides for SLG to make a certain investment in the development
of certain property along 220 South below the Southern Hills
neighborhood; that the City will make an appropriation of up to
$800,000.00 to the Authority, all for the purposes of promoting
economic development in order to fund the grant that the Authority
intends to make to SLG; and providing for an emergency.
ACTION:
(For full text of Ordinance, see Ordinance Book.No. 63, page 154.)
Mr. Hudson moved the adoption of Ordinance No. 34856-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
426
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
The Mayor declared the meeting in recess at 4:27 p.m., in order
for Council Members to attend a News Conference in the Emergency
Operations Center Conference Room at 4:30 p.m., regarding the
proposed IMAX Theatre - Roanoke Arts Museum facility.
At 5:20 p.m., the meeting reconvened in the City Council
Chamber with all Member of the Council in attendance, except Vice-
Mayor Harris, Mayor Bowers presiding.
CITY ATTORNEY:
CITY CODE: The City Attorney .submitted a written report
advising that since 1982, Council has enacted and recodified the City
Code on an annual basis in order to properly incorporate amendments
made by the General Assembly at the previous Session to State
statutes that are incorporated by reference in the City Code; the
procedure ensures that the ordinances codified in the City Code
incorporate the most recent amendments to State law; and
incorporation by reference is frequently utilized in local codes to
preclude having to set out lengthy provisions of State statutes in their
entirety and the technique ensures that local ordinances are always
consistent with State law as is generally required.
It was further advised that the procedure whereby a local
governinu body incorporates State statutes by reference after action of
the General Assembly has been approved by the Attorney General;
whereupon, the City Attorney recommend that Council adopt an
ordinance to readopt and reenact the Code of the City of Roanoke
(1979), advising that if the measure is not adopted, City Code sections
incorporating provisions of the State Code amended at the last Session
of the General Assembly may not be deemed to include recent
amendments and may be impermissibly inconsistent, which could
result in the dismissal of criminal prosecutions under these City Code
sections.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
427
Mr. Hudson offered the following emergency ordinance:
(#34857-060500) AN ORDINANCE to readopt and reenact the
Code of the City of Roanoke (1979), as amended; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 155.)
Mr. Hudson moved the adoption of Ordinance No. 34857-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of April, 2000.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
BUDGET-CITY EMPLOYEES: The Director of Finance submitted
a written report advising that the fiscal year 1999-2000 General Fund
budget included funds in the nondepartmental category for retiree
medical insurance, unemployment wages and termination (vacation)
leave wages; these fringe benefits are budgeted at estimated amounts
in the nondepartmental category because annual charges of each
department are difficult to project; and actual costs are charged to
departments in anticipation of budget transfers to cover the costs.
The Director of Finance transmitted a budget ordinance
transferring funds from the nondepartmental category to the applicable
departmental budgets; as needed, available funding related to one type
of fringe benefit is used to supplement funding needed in another area
such as termination wages; the ordinance transfers funds from General
428
ACTION:
Fund Retiree Medical Insurance and Unemployment Wages to provide
necessary funding for termination leave wages, extended illness, bonus
and separation pay and moving expenses; and transfers do not
increase the General Fund budget in total, but reallocate amounts
between departments.
The following is a summary of total transfers:
BudgetAmount Revised
Before Transfers Budget
Transfers Inl(Out) Amour~
Retiree Medical Insurance $ 313,875.00
Unemployment Wages 35,000.00
Termination Leave Wages 91,275.00
Extended Illness 0.00
Bonus and Separation Pay 0.00
Moving Expenses 0.00
$ 440,150.00
$(91,989.00) $221,886.00
(22,266.00) 12,734.00
88,861.00 180,136.00
1,777.00 1,777.00
4,200.00 4,200.00
19,417.00 19,417.00
$ 0.00 $440,150.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34858-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 157.)
Mr. Swain moved the adoption of Ordinance No. 34858-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-INTERNAL SERVICE FUND: The Director of Finance
submitted a written report advising that the City of Roanoke's Internal
Service Funds account for certain services provided to other
departments of the City; the Internal Service Funds recover their costs
by charging the receiving departments for services provided; budgeted
ACTION:
429
funds for internal services are allocated in the General Fund in each
fiscal year's budget throughout various departments based on
estimated usage; and usage usually varies from the original estimates;
and at this time during each fiscal year, it is necessary to make
appropriations/transfers between departments'- to provide sufficient
funds for internal services for the fiscal year; whereupon, he
transmitted an ordinance providing for the transfers which will not
increase the overall General Fund budget, but will reallocate amounts
between departments.
A summary of total transfers is as follows:
Department of Technology
Department of Technology -
PC Rental
Risk Management Overhead
Fleet Management
BudgetAmount Revised
Before Transfers Budget
Transfers In/(Out) Amount
$ 3,165,000.00 $ (351,000.00) $ 2,814,000.00
207,654.00 351,000.00 558,654.00
616,852.00 0.00 616,852.00
1,750,274.00 ( 2,918.00) 1,747,356.00
Fleet Rental
1,050,000.00 2,918.00 1,052,918.00
6,789,780.00 $ 0.00 $ 6,789,780.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34859-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 161.)
Mr. Swain moved the adoption of Ordinance No. 34859-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
430
CITY CODE-TAXES: The Director of Finance submitted a written
report advising that the Retail Sales and Use Tax Food Tax Reduction
Program was approved by the legislature in 1999 and became effective
on January 1, 2000, which program reduces the State sales tax on food
purchased for home consumption; the legislation also set forth
changes to the local Prepared Food and Beverage Tax Ordinance
("Meals Tax") by stating that no locality shall levy any tax upon food
purchased for human consumption as defined in the Food Stamp Act
of 1977; originally, the legislation would have reduced local Meals Tax
revenue by approximately 20 per cent; however, as a result of a
compromise worked out last year between the Virginia Municipal
League and various food industry groups, House Bill 255 was adopted
by the 2000 legislative session to provide that the impact on the local
Meals Tax would be minimal; and with the required changes, it is
anticipated that a two-three per cent reduction will occur in Meals Tax
revenues, effective July 1, 2000.
It was explained that certain foods currently taxed under the
Meals Tax Ordinance will no longer be taxed, which include certain
defined bakery goods, cakes, breads, doughnuts, cookies, and pies
based on packaging; Section 32-297, Exemptions, is recommended for
amendment to provide for conformance with a model ordinance
recommended by the Virginia Municipal League; the Exemptions
Section remains substantially the same but adds an expanded
definition of foods and beverages which are not taxable; it is also
recommended in the Exemptions Section that the word "handicapped"
be changed to "disabled" and clarification of Section 2-28, Definitions,
to specify snack foods "packaged for home consumption" as exempt
from the Meals Tax.
The Director of Finance recommended that Council adopt a
proposed ordinance encompassing the above described revisions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(~34860-O60500) AN ORDINANCE amending and reordaining §32-
283, Definitions, and §32-297, Exemptions, of Article XIV, Tax on
Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of
the City of Roanoke (1979), as amended, to provide for meals taxation
in conformance with recently amended state legislation; and providing
for an emergency and an effective date.
ACTION:
- 431
(For full text of Ordinance, see Ordinance Book No. 63, page 168.)
Mr. Swain moved the adoption of Ordinance No. 34860-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ...................................................................... -0.
(Vice-Mayor Harris was absent).
REPORTS OF COMMITTEES:
BUDGET-WILLIAMSON ROAD PARKING GARAGE: Council
Member Carroll E. Swain, Chairperson, Bid Committee, presented a
written report on behalf of the Committee, in connection with bids
received by the City for renovations to the Williamson Road Parking
Garage, located at 201 Tazewell Avenue, S. E.
The Bid Committee recommended that Council authorize the
Director of Finance to appropriate $402,350.00 to Williamson Road
Parking Garage Renovation, Account Number 008-052-9576, as follows:
$293,000.00 from Transportation Fund Retained Earnings, $35,900.00
from CMERP, and $74,350.00 from Jail Recovered Costs, Account
Number 001-024-3310-8005; accept the bid of Eastern Waterproofing &
Restoration Co., Inc., in the amount of $381,010.00, to include line items
1 through 7 as set forth on the bid tabulation sheet; and authorize the
City Manager to enter into a contractual agreement with Eastern
Waterproofing & Restoration Co., Inc., in form to be approved by the
City Attorney, and reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34861-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General, Transportation and Capital Projects
Fund Appropriations, and providing for an emergency.
432
ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 172.)
Mr. Swain moved the adoption of Ordinance No. 34861-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Swain offered the following emergency ordinance:
(#34862-060500) AN ORDINANCE accepting the bid of Eastern
Waterproofing & Restoration Co., Inc., for the Williamson Road Parking
Garage Renovation, 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. 63, page 173.)
Mr. Swain moved the adoption of Ordinance No. 34862-060600.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION:
Council Member Carroll E. Swain, Chairperson, Bid Committee,
presented a written report on behalf of the Committee, in connection
with bids received by the City for construction of improvements for
Phase I of the Williamson Road Revitalization Project, which include
replacement of deteriorating curb and sidewalk, improvement of
ACTION:
433
ingress/egress from Williamson Road, crosswalks, street lighting,
signage, landscaping and other pedestrian amenities; and
improvements are proposed along the entire five mile corridor, running
from Orange Avenue (US 460) to the northerly City limit.
The Bid Committee recommended that Council accept the bid of
H. & S. Construction Company, in the amount of~339,973.55, in a form
to be approved by the City Attorney, with a project contingency of
$34,026.45, and 360 consecutive calendar days for completion of the
project; authorize the Director of Finance to transfer $374,000.00 from
the 1999 Bond Fund Account Number 008-052-9709-9191, to Account
Number 008-052-9716, Williamson Road Corridor Study
Recommendations - Phase I.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34863-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 174.)
Mr. Swain moved the adoption of Ordinance No. 34863-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Swain offered the following emergency ordinance:
(#34864-060500) AN ORDINANCE accepting the bid of H. & S.
Construction Company, for construction of the improvements for Phase
I of the Williamson Road Revitalization Project, upon certain terms and
434
ACTION:
conditions and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 175.)
Mr. Swain moved the adoption of Ordinance No. 34864-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
BUDGET-WATER RESOURCES: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for drilling and testing wells at three potential sites located at the
Carvins Cove Filtration Plant, a location near the Carvins Cove
Concession area, and a location near the Mill Mountain Storage Tank
off Riverland Road, S. E.
The Bid Committee recommended that Council authorize the City
Manager to execute a contract with Rorrer Well Drilling, Inc., in a form
to be approved by the City Attorney, in the amount of $67,230.00, with
a project contingency of $25,000.00, and 60 days contract time; reject
all other bids received by the City; and appropriate $102,230.00 from
Water Fund Retained Earnings for transfer to Account No. 002-056-
8389, Groundwater Development.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34865-060500) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Fund Appropriations, and
providing for an emergency.
ACTION:
435
(For full text of Ordinance, see Ordinance Book No. 63, page 176.)
Mr. Swain moved the adoption of Ordinance No. 34865-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
Mr. Swain offered the following emergency ordinance:
(#34866-060500) AN ORDINANCE accepting the bid of Rorrer
Well Drilling, Inc., to drill and test three wells at potential sites located
at the Carvins Cove Filtration Plant, a Iocation'hear the Carvins Cove
Concession Area, and a location near the Mill Mountain Storage Tank,
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. 63, page 177.)
Mr. Swain moved the adoption of Ordinance No. 34866-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center
Commission in connection with termination of the City's contract with
Fells Point Catering, purchase by the City of Fells Point's smallware
inventory, and addition of one full-time staff person at the Civic Center
for food and beverage division activities, was before Council.
436
ACTION:
It was advised that Fells Point Catering, Inc., is contracted
through October 3, 2000, with the City of Roanoke to provide catering
management services at the Roanoke Civic Center; the parties have
mutually agreed that it is in the best interest of both parties to terminate
the agreement, effective June 1, 2000; Civic Center management is
prepared to consolidate Civic Center catering services into the in-
house food & beverage division that now operates concessions
services; there will be a requirement to hire one additional full time staff
person, in accordance with the City's pay and classification system;
and net revenues will increase sufficiently to recover costs for
additional personnel and product purchases.
The Roanoke Civic Center Commission recommended that
Council terminate the Contract for Catering Management Services with
Fells Point Catering, Inc., dated October 4, 1999, effective June 1, 2000,
substantially in accordance with provisions of the ContractAmendment
which may include the City's purchase of Fells Point's smallwares
inventory; that the City Manager be authorized to execute an
Amendment Terminating the Contract, and to resolve issues
concerning reconciliation of monies due for May 2000, in accordance
with the City Manager's authority to issue change orders or
amendments to contracts; and authorize employment of one additional
full-time staff person for the Civic Center Food & Beverage division.
The City Manager submitted a written report concurring in the
recommendation of the Roanoke Civic Center Commission.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34867-060500) A RESOLUTION terminating the City's contract
with Fells Point Catering, Inc., dlbla Hightopps Catering (Fells Point)
dated October 4, 1999; authorizing the City Manager to execute the
amendment terminating the contract; authorizing the City's purchase
of Fells Point's smallware inventory; and authorizing the addition of
one full-time staff person to the Civic Center for its food and beverage
division.
(For full text of Resolution, see Resolution Book No. 63, page 178.)
Mr. Hudson moved the adoption of Resolution No. 34867-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
437
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
CITY CODE-PENSIONS: Ordinance No. 34824 amending and
reordaining Section 22.1-3, Membership qenerally, of Chapter 22.1,
Pensions and Retirement, Code of the City of Roanoke (1979), as
amended, by the addition of a new subsection (c4), providing for a new
window of opportunity during which members of the Employees'
Retirement System may transfer to the Employees' Supplemental
Retirement System, having previously been before the Council for its
first reading on Monday, May 15, 2000, read and adopted on its first
reading and laid over, was again before the body, Mr. White offering the
following for its second reading and final adoption:
(#34824-060500) AN ORDINANCE amending and reordaining
§22.1-3, Membership Generally, of Chapter 22.1, Pensions and
Retirement, of the Code of the City of Roanoke (1979), as amended, by
adding a new subsection, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 128.)
Mr. White moved the adoption of Ordinance No. 34824-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
CITY CODE-PENSIONS: Ordinance No. 34825 amending Chapter
22.1, Pensions and Retirement, of the Code of the City of Roanoke
(1979), as amended, by amending Section 22.1-11, Restoration of
438
ACTION:
beneficiaries to membership, by the addition of new subsection (e) to
provide an option to certain beneficiaries regarding pension benefits
and additional creditable service, having previously been before the
Council for its first reading on Monday, May 15, 2000, read and adopted
on its first reading and laid over, was again before the body, Mr. White
offering the following for its second reading and final adoption:
(#34825-060500) AN ORDINANCE amending Chapter 22.1,
Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, by amending §22.1-11, Restoration of beneficiaries to
membership, by the addition of a new subsection (e) to provide an
option to certain beneficiaries regarding pension benefits and
additional creditable service; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 63, page 129.)
Mr. White moved the adoption of Ordinance No. 34825-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent).
ZONING: Ordinance No. 34833 rezoning a .034 acre tract of land
located at 4301-4305 Appleton Avenue, N. W., identified as Official Tax
No. 6380108, from RS-3, Residential Single-Family District, to C-2,
General Commercial District, subject to proffers contained in the First
Amended Petition for Rezoning filed in the City Clerk's Office on March
30, 2000, having previously been before the Council for its first reading
on Monday, May 15, 2000, read and adopted on its first reading and laid
over, was again before the body, Mr. White offering the following for its
second reading and final adoption:
(#34833-060500) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 130.)
ACTION:
439
Mr. White moved the adoption of Ordinance No. 34833-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
ZONING: Ordinance No. 34834 rezoning a tract of land located
on the north side of Franklin Road, S. W., identified as Official Tax No.
1280602, from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to proffers contained in an Amended
Petition filed in the City Clerk's Office on April 12, 2000, having
previously been before the Council for its first reading on Monday, May
15, 2000, read and adopted on its first reading and laid over, was again
before the body, Ms. Wyatt offering the following for its second reading
and final adoption:
(#34834-060500) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 131.)
Ms. Wyatt moved the adoption of Ordinance No. 34834-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-RAILSIDE
LINEAR WALK: Ordinance No. 34836 conveying to adjacent land
owners, by quitclaim deed, certain portions of City owned property
located adjacent to the tracks of Norfolk Southern Railway Company
between Second Street and Jefferson Street, described as Lots lA, lB
44O
ACTION:
and 2-7 inclusive, having previously been before the Council for its first
reading on Monday, May 15, 2000, read and adopted on its first reading
and laid over, was again before the body, Dr. Butler offering the
following for its second reading and final adoption:
(#34836-060500) AN ORDINANCE authorizing the conveyance by
quitclaim deed to adjacent landowners any interest the City may have
in the residual portions of properties located to the rear of Warehouse
Row, adjacent to the railroad tracks of Norfolk Southern Railway
Company, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 133.)
Dr. Butler moved the adoption of Ordinance No. 34836-060500.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
CITY CODE-BUILDINGS/BUILDING DEPARTMENT-ZONING:
Ordinance No. 34838 amending §36.1-590, Generally, §36.1-593,
Nonconforming structures, and §36.1-594, Nonconforming uses of
structures, of the Code of the City of Roanoke (1979), as amended, to
permit the reconstruction, but not enlargement, of a nonconforming
structure in the event of any damage to the structure from fire, flood or
other natural disaster, and to permit the continuation of the residential
use of a structure in the event of any damage to the structure from fire,
flood or other natural disaster, having previously been before the
Council for its first reading on Monday, May 15, 2000, read and adopted
on its first reading and laid over, was again before the body, Mr. Swain
offering the following for its second reading and final adoption:
(#34838-060500) AN ORDINANCE amending Sec. 36.1-590,
Generally, §36.1-593, Nonconforming structures, and §36.1-594,
Nonconforming uses of structures, of Chapter 36.1, Zonin_~, of the
Code of the City of Roanoke (1979), as amended, to regulate
nonconforming structures and nonconforming uses of structures.
(For full text of Ordinance, see Ordinance Book No. 63, page 133.)
ACTION:
441
Mr. Swain moved the adoption of Ordinance No. 34838-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
CITY CODE-ZONING: Ordinance No. 34839 amending §36.1-25,
Definitions, §36.1-126, Permitted uses, §36.1-145, Permitted uses, §36.1-
511, General requirements for all day care centem, and §36.1-512, Day
care homes, of the Code of the City of Roanoke (1979), as amended, to
broaden the application of the zoning ordinance to include day care
homes in which care is provided for up to and including six children,
to reduce the amount of required outdoor play area for day care centers
in all districts other than residential districts, and to require that certain
day care centers be at least 1,500 feet apart, having previously been
before the Council for its first reading on Monday, May 15, 2000, read
and adopted on its first reading and laid over, was again before the
body, Mr. Swain offering the following for its second reading and final
adoption:
(#34839-060500) AN ORDINANCE amending §36.1-25,
Definitions, subsection (5) of §36.1-126, Permitted uses, subsection (6)
of §36.1-145, Permitted uses, subsections (a) and (b) of §36.1-511,
General requirements for all day care center.-, and subsection (a) of
§36.1-512, Day care homes, of Chapter 36.1, Zoninq, of the Code of the
City of Roanoke (1979), as amended, to broaden the application of the
zoning ordinance to include day care homes in which care is provided
for up to and including six children, to reduce the amount of required
outdoor play area for day care centers in all districts other than
residential districts, and to require that certain day care centers be at
least fifteen hundred (1,500) feet apart.
(For full text of Ordinance, see Ordinance Book No. 63, page 136.)
Mr. Swain moved the adoption of Ordinance No. 34839-060500.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
442
AYES: Council Members Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
SCHOOLS: Council Member Wyatt referred to recent
correspondence from a representative of the Roanoke City School
Board in regard to certain computers presently in use in City school
classrooms; whereupon, she requested additional information in regard
to the number of PC Power Mac and I-MAC computers currently in use
in each City school for comparison purposes.
Council Member Wyatt referred to a telephone call from a parent
in regard to a recent article about test scores from the Governor's
School, which test scores are forwarded directly to the home school of
the student, i.e.: if the student is from Botetourt County, the test score
is sent to the Botetourt County School. However, she advised that
under the City's PLATO Program, test scores are attributed to the
PLATO School, rather than to the home school of the student, which is
beginning to have an impact on certain schools in their accountability
and accreditation under the requirements of the Standards of Learning.
She pointed out that the question has arisen as to whether the test
score can be attributed to the home school of the student, otherwise,
an unfair advantage is provided to those schools that are PLATO
Schools.
The abovereferenced requests for information were referred to
the Roanoke City School Board for appropriate response.
COUNCIL: This being the last official Council meeting of the
Honorable David A. Bowers, Mayor, each Member of Council expressed
appreciation for Mayor Bowers' service to the City.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTION:
443
CITY COUNCIL-COMMUNITY PLANNING: Ms. Helen E. Davis, 35
Patton Avenue, N. E., inquired if there are written guidelines in regard
to accepting or rejecting recommendations submitted to Council by the
City Planning Commission; whereupon, in the absence of written
guidelines, the Mayor offered the assistance of the City Manager and
any Member of Council to meet with Ms. Davis to discuss the process.
At 6:20 p.m., the Mayor declared the meeting in recess.
At 6:30 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Vice-Mayor Harris.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of 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 Hudson, Swain, White, Wyatt, Butler
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent).
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the terms of office of Patrick B. Shumate, Elvah D. Taylor and
Thomas M. Winn, III, as members of the Youth Services Citizen Board
expired on May 31, 2000, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the names of Patrick B. Shumate,
Elvah D. Taylor and Thomas M. Winn, II1.
There being no further nominations, Mr. Shumate, Ms. Taylor and
Mr. Winn were reappointed as members of the Youth Services Citizen
Board, for terms ending May 31, 2003, by the following vote:
444
ACTION:
FOR MR. SHUMATE, MS. TAYLOR AND MR. WlNN: Council
Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers .... 6.
(Vice-Mayor Harris was absent).
There being no further business, the Mayor declared the meeting adjourned
at 6:35 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
445
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 19,2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
June 19, 2000, 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 Vice-Mayor C. Nelson Harris presiding, pursuant to Rule 1,
Regular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members Carroll E. Swain, William White, Sr., Wendell H.
Butler, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ............................... 5.
ABSENT: Council Member Linda F. Wyatt and Mayor David A. Bowers .......... 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
At 12:17 p.m., the Vice-Mayor declared the meeting in recess.
At 12:20 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with all Members of Council in attendance, except
Mayor Bowers and Council Member White, Vice-Mayor Harris presiding.
RESPOND SYSTEM: The City Manager introduced a briefing on the
RESPOND! System, which is a program that was designed to address citizen
complaints regarding City services. She advised that improvements have been
made to the system and additional improvements are under consideration for the
future; whereupon, she called upon Barry Key, Director, Office of Management and
Budget, who presented a history of the RESPOND! system, proposed enhancements.
He introduced Edria Wimmer, Customer Service Coordinator, and Craig Filer, City
Web Master, who presented information regarding the program and an on-line
demonstration of a citizen complaint from the time the complaint was received by
the call taker until it was resolved.
Mr. Filer advised that the Customer Service Center has been responsible to
the Office of Management and Budget since July 1, 1999, staff consists of one full-
time Customer Service Coordinator, three full-time and one part-time Customer
Service Specialist which allows for flexibility in scheduling, and work stations are
located in the Information Center in the Noel C. Taylor Municipal Building and the
446
Public Works Service Center on Courtland Road, N.W. He advised that the
Customer Service Center is open Monday through Friday, 7:00 a.m. to 6:00 p.m., and
emergency calls and after hours calls are taken by the E-911 Center. He explained
that the system can also be accessed via the City's Internet Web Site by visiting the
City's formal web address and using an Internet form. He demonstrated the different
tools that the Customer Service Center uses to respond to requests for service,
which include a software program known as RESPOND! which has been in use by
the City since April 1998, and having logged in more than 80,000 calls, by more than
90 members of the City staff, representing 16 different departments throughout the
City. He further explained that if a call is taken that needs to be assigned to a
department that does not use the RESPOND! system, the Customer Service Center
will either e-mail the request or fax the information to the appropriate department to
insure that regardless of the type of call, it is routed to the proper department of the
City. He advised that over the past two years, a substantial number of improvements
and enhancements have been made to the RESPOND! system so that it fits the
needs of the City and, in so doing, the product has been enhanced for all municipal
governments that choose to use the program. He advised that some of the benefits
of RESPOND! include the ability to consistently assign and schedule calls so that
regardless of who takes the call, the call receives the same issue type, there is
increased accountability for those persons who take calls and are responsible for
handling calls by displaying when the call was taken, when itwas assigned, and the
amount of time to do the task.
Mr. Fifer explained that the program enables staff to conduct reports which
show RESPOND! hours, calls, and how well the City is meeting the requests for
service; there is enhanced availability of reference material so that call takers have
a wealth of information at their finger tips under a special feature of RESPOND!
which helps to insure that all call takers give out the same information to citizens
making reports; and all data relating to a specific request for service is centralized
so that if a citizen calls the City Manager's Office with a complaint, the call taker can
see that the citizen has already called another department of the City for assistance.
Mr. Filer presented a demonstration of an actual request for service from the
time that the request was called in to the time that the request was resolved. He
reviewed features of RESPOND! that allow City staff to look at the overall picture
instead of tracking individual calls which provides for review of requests for service
on a system-wide basis. He advised that City inspectors in the field use a palm pilot
that allows them to enter the issues on the palm pilot which can be synchronized
with the RESPOND! server when the inspector returns to the office.
At 1:00 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m.
447
At 2:00 p.m., on Monday, June 19, 2000, 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, Vice-Mayor Harris presiding.
PRESENT: Council Members Carroll E. Swain, William White, Sr., Linda F.
Wyatt, Wendell H. Butler, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ..... 6.
ABSENT: Mayor David A. Bowers ........................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy 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 Vice-Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
PRESENTATIONS:
CITY COUNCIL-DECEASED PERSONS: On behalf of the City of
Roanoke, the Vice-Mayor presented a ceremonial copy of Resolution
No. 34768-050100, a City Flag, and a Key to the City to Mrs. James O.
Trout in memory of the service of her late husband, the Honorable
James O. Trout, Council Member, who died on April 25, 2000.
A video tape in memory of Mr. Trout was also presented.
COUNCIL-ACTS OF ACKNOWLEDGMENT: Inasmuch as the four
year term of the Honorable David A. Bowers, Mayor, will end on
June 30, 2000, Ms. Wyatt offered the following resolution recognizing
the service Mayor Bowers:
(#34868-061900) A RESOLUTION paying tribute to the Honorable
David A. Bowers, Mayor of 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. 63, page 181.)
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 34868-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
448
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Inasmuch as the four year term of office of the Honorable
Carroll E. Swain, Council Member will end on June 30, 2000, Mr.
Hudson offered the following resolution recognizing the service of the
Council Member Swain:
(#34869-061900) A RESOLUTION paying tribute to the Honorable
Carroll E. Swain 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. 63, page 182.)
Mr. Hudson moved the adoption of Resolution No. 34869-061900.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Butler, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ................................................................... 0.
(Mayor Bowers was absent.) (Council Member Swain abstained from
voting).
SCHOOLS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Harris
presented pins and Roanoke photographs in recognition of Odyssey of
the Mind teams from Crystal Spring Elementary School and Patrick
Henry High School. He advised that the team from Crystal Spring
Elementary School won the Outstanding Omer Award for outstanding
and exceptional teamwork, performance and courtesy at the regional
tournament, and the Ranatra Fusca Award for outstanding and
exceptional levels of creativity and performance in spontaneous
thinking at the regional tournament, first place in the region, state and
world champions - Shrinking Structure, Division I. He further advised
that the Patrick Henry High School team won an Outstanding Omer
Award at the regional tournament for teamwork and outstanding
performance, first place in the state and second in the world - Shrinking
Structure, Division III.
ACTION:
449
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to two requests for a Closed Meeting to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council; and to discuss acquisition of real property for public purpose.
COMMITTEES-COUNCIL: A communication from Vice-Mayor
Harris 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)(I), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Vice-
Mayor to convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... -6.
NAYS: None ....................................................................... O.
(Mayor Bowers was absent.)
PURCHASE/SALE OF PROPERTY-CITY MANAGER: A report of
the City Manager requesting that Council convenein a Closed Meeting
to discuss a matter with regard to acquisition of real property for public
purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
45O
ACTION:
ACTION:
Mr. White 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, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .............................................................. -6.
NAYS: None ..................................................................... O.
(Mayor Bowers was absent.)
ZONING-COMMUNITY PLANNING: A report of the City Planning
Commission in connection with a request of Adam Cohen to amend
Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended,
to include a definition for a two-unit townhouse and such other
regulations to permit two-unit townhouses as permitted uses in
districts where two-family structures are currently allowed;
It was further advised that on May 17, 2000, the City Planning
Commission held a public hearing on the petition to create a new
definition in the City Code for a two-unit townhouse and recommended
against approval of the petition; on May 22, 2000, Mr. Cohen submitted
an amended petition requesting an amendment to the City Code to
create a new definition for a single-family attached dwelling, and
requested that the amended petition be heard by the City Planning
Commission before being considered by Council; whereupon, the City
Planning Commission requested that the amended petition be referred
to the Planning Commission for further consideration.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Planning Commission. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris. .6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
ACTION:
451
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A
communication from Keith Moore tendering his resignation as a
member of the Roanoke Neighborhood Partnership Steering
Committee, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by Mr.
Swain and adopted by the following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................. 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING/AUTHORITY-COMMUNITY PLANNING: Ms. Gloria
Dorma appeared before Council and reiterated her remarks which she
presented to Council at its meeting on Monday, October 4, 1999.
On October 4, 1999, Ms. Dorma requested that the City clearly
define the term "multi-family housing" as to location and number of
units in a specific area so as not to create an "asphalt jungle". She
spoke in support of constructing housing units, such as duplexes, in
residential areas throughout the community that would also meet the
criteria for Iow income housing. She referred to the concentration of
multi-family housing in northwest Roanoke, and requested that the City
prepare a neighborhood plan for northwest Roanoke before any
additional multi-family housing is constructed.
Without objection by Council, the Vice-Mayor advised that the
remarks of Ms. Dorma would be referred to the City Manager for
appropriate response.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of the following funds for fiscal
year 1999-2000, was before Council.
452
ACTION:
$250,000.00 from the Capital Maintenance and Equipment
Replacement Fund, to provide funds for textbook
adoptions, magnet school equipment, facility
improvements and equipment, and for grounds
maintenance equipment;
$53,500.00 for the Summer Youth Employment Program
for the summer 2000, to provide training and hands-on
experience for disadvantaged or handicapped youth from
the inner City, with the goal of enhancing employment
potential, developing employment competencies, and
earning academic credit toward a high school diploma,
which will be one hundred per cent reimbursed by Federal
funds;
$340,000.00 from 1999 Bond funds for construction costs
for the Jackson Middle School; and
$62,929.00 from Virginia Public School Authority bonds
issued by the Hurt Park renovation and the Roanoke
Valley Governor's School renovation, to be used for an
addition to the account used to finance the short-term
borrowing needs of the capital fund.
A report of the Director of Finance recommending that Council
concur in the request, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. White offered the following emergency budget ordinance:
(#34870-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General, School and School Capital Projects
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 184.)
Mr. White moved the adoption of Ordinance No. 34870-061900.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .6.
453
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of the following funds for fiscal
year 2000-2001, was before Council.
$2,742,422.00 for the Title I Winter Program, to provide
remedial reading, language arts and mathematics
instruction for students in targeted schools, which
program is one hundred per cent reimbursed by Federal
funds;
$194,437.00 for the Title I Even Start Family Literacy Grant,
to provide staff and funding for parental and preschool
workshops for family literacy efforts at the preschool and
adult education levels, which is one hundred per cent
reimbursed by Federal funds;
$93,637.00 for the Title I Local Delinquent Children Grant,
to provide transition services to youth exiting the Juvenile
Detention Center and youth entering Youth Haven, which
program is one hundred per cent reimbursed by Federal
funds;
$172,019.00 for the Title VI Program, to provide funds for
implementation of innovative instructional programs in the
school district and to provide visiting teacher services,
which program will be reimbursed by Federal funds in the
amount of $123,791.00 and a local match $48,228.00;
$1,356,976.00 for the Governor's School Program, to
provide instruction in science and math to high school
students, which program is supported by State funds and
tuition collected from participating school districts;
$615,089.00 for the Magnet School Program, to provide for
operation of the Round Hill Montessori School, which
program is one hundred per cent reimbursed by Federal
funds;
454
$301,691.00 for the International Baccalaureate Middle
Years Program and International Baccalaureate (lB)
Preparatory Program at Breckinridge Middle School,
which program is one hundred per cent reimbursed by
Federal funds;
$198,290.00 for the 21st Century Community Learning
Center at William Fleming High School and Ruffner Middle
School, which is in the first year of a three-year funding
cycle and is one hundred per cent reimbursed by Federal
funds;
$1,626,705.00 for the Flow Through Program, to provide
aid for the education and guidance of handicapped
students, which program is one hundred per cent
reimbursed by Federal funds;
$68,168.00 for the Child Specialty Services Program, to
provide funds for the salary and expenses of the
educational coordinator at the clinic, which program is
one hundred per cent reimbursed by Federal funds;
$68,975.00 for the Child Development Clinic Program, to
provide funds for the salary and expenses of the
educational coordinator at the clinic, which program is
one hundred per cent reimbursed by State funds;
$214,612.00 for the Juvenile Detention Home Program, to
provide funds for the salary and expenses of the three
educational coordinators, which program is one hundred
per cent reimbursed by Federal funds;
$135,939.00 for the Preschool Incentive Program, to
provide orientation and evaluation for handicapped
students who will be entering the public school system for
the first time during the fall, which program is one
hundred per cent reimbursed by Federal funds;
$160,560.00 for the Adult Basic Education Program, to
provide funds for the education of adults who have not
completed high school, which program is reimbursed by
Federal funds in the amount of $137,860.00 and a local
match of $22,700.00;
455
$130,590.00 for the Apprenticeship Program, to provide
on-the-job and classroom vocational instruction for
students in the apprenticeship program, which program is
funded with State funds in the amount of $53,901.00 and
fees will be paid by participants;
$46,351.00 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, which program is reimbursed by Federal
funds in the amount of $20,000.00 with a local match of
$26,351.00;
$383,539.00 for the Perkins Act Program, to provide funds
for vocational equipment, which program is one hundred
per cent reimbursed by Federal funds;
$39,000.00 for the Regional Education Specialist Program,
to provide ancillary and support services for the Adult
Literacy and Basic Education Program in the planning
district, which program is one hundred per cent
reimbursed by Federal funds;
$150,098.00 for the Regional Adult Literacy (TAP) Program,
to provide funds for administration of adult literacy
programs, which program will be funded with Federal
funds;
$8,612.00 for the General Education Development (GED)
Testing Program, to provide instructors for GED
preparation classes and for administration of the GED
examinations, which program will be funded with student
fees;
$5,557.00 for the Opportunity Knocks (GED) Program, to
provide instruction for the GED examination for young
adults, which program will be funded with fees charged to
participants;
456
$26,913.00 for the Workplace Education Program, to
provide instructional programs developed with area
business establishments for employees at the work sites,
which program will be funded through the assessment of
fees;
$35,222.00 for the Regional Adult Basic Education
Program, to provide funds for administration of adult
literacy programs in Botetourt County and Craig County,
which new program is one hundred per cent reimbursed
by Federal funds;
$23,452.00 for the Adult Education in the Jail Program, to
provide for instruction to inmates in the Roanoke City Jail
to aid in their acquisition of the General Education
Development (GED) certificate, which program will be
reimbursed by Federal funds in the amount of $21,107.00
and jail funds in the amount of $2,345.00;
$1,321,381.00 for the Alternative Education Program, to
provide alternative curriculum and training for high risk
students at the Noel C. Taylor Learning Academy, which
program will be reimbursed by State funds in the amount
of $64,853.00 and a local match of $1,256,528.00;
$85,382.00 for the Drug Free Schools Program, to provide
for two student assistance counselors at the secondary
level to work with substance abuse issues, which program
is one hundred per cent reimbursed by Federal funds;
$180,963.00 for the Roanoke Adolescent Health
Partnership, to provide for medical services to the
Roanoke City Schools in conjunction with the City of
Roanoke Health Department and Carilion Health Systems,
which program is reimbursed by donations from Carilion
Health Services;
$80,649.00 for the Grants Management Program, to
provide for personnel and operating expenses of the
Director of Grants, which program is one hundred per cent
reimbursed by Federal funds;
457
$254,919.00 for the Project YES (Youth Experience
Success) Program to identify, assess, evaluate and
provide assistance for at-risk sixth and ninth grade
students who are potential dropouts, which program is
one hundred per cent reimbursed by State funds;
$67,670.00 for the Homeless Assistance Program, to
provide instructional services to homeless students,
which program is reimbursed by Federal funds in the
amount of $37,000.00 and a local match of $30,670.00;
$61,012.00 for the State Truancy Project, to provide
support for the Roanoke City attendance effort, which
program is reimbursed by State funds in the amount of
$20,727.00 and a local match of $40,285.00; and
$148,621.00 for the Blue Ridge Technical Academy, to
provide a regional educational training program for 200
youth at-risk of academic failure and dropping out of
school, which program will be funded with State funds
from the Virginia Business-Education Partnership under
the School-to-Work Opportunities Act.
A report of the Director of Finance recommending that Council
concur in the requests was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34871-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 187.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34871-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... 6.
458
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
GRANTS-SCHOOLS: A communication from the Roanoke City
School Board requesting that Council close out two school grants
which have been completed, advising that total outlays for the grants
amounted to $406,687.50, all from Federal funds, was before the body.
A report of the Director of Finance recommending that Council
concur in the request, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Ms. Wyatt moved that Council concur in the request. The motion
was seconded by Mr. Swain and adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
COMMUNITY PLANNING-CONSULTANTS REPORTS: The City
Manager introduced a briefing on the City's Comprehensive Plan, which
is one of the most significant efforts that any community can
undertake. She advised that the last time the City's Comprehensive
Plan was updated was in 1985; therefore, the City of Roanoke is long
over due for an update which provides an opportunity to re-energize
and re-invite the community at-large to invest itself in defining the
future of the City. She called upon Evelyn S. Lander, Director, Planning
and Code Enforcement, to present an update on the process that the
City will follow over the next 12 to 18 months in its efforts to update the
Comprehensive Plan.
Ms. Lander advised that the City's Comprehensive Plan can serve
as its "bible" for future land use and development. She explained that
the Code of Virginia mandates that every governing body adopt a
Comprehensive Plan for the development of land in its jurisdiction and
that the Plan be prepared and recommended by the local Planning
Commission; the current Comprehensive Plan, Roanoke Vision, was
developed in 1985 and is about 15 years old; therefore, it is in need of
an update to effect new issues facing the City. She advised that
typically, a Comprehensive Plan focuses very broadly on various
459
elements which include matters such as housing, infrastructure,
utilities and transmission, commercial and industrial development,
education, parks, historic resources, human services, public safety,
environmental quality, and quality of life, etc. She further advised that
the Comprehensive Plan establishes policy for guiding the future and
provides a framework for implementing how the City will grow and
develop; and the Comprehensive Plan is used to evaluate zoning, land
use and development, the location and extension of public facilities and
utilities, various public projects and allocation of funds for
recommended public improvements for inclusion in the Capital
Improvements Program; and the document provides a legal basis for
many land and zoning decisions that Council considers on a monthly
basis. She explained that if the Comprehensive Plan is not followed, it
can mean incompatible development, uncoordinated growth,
conflicting land uses, and possible economic disinvestment in the City.
Ms. Lander advised that City staff has been working with
consultants to develop a detailed scope of service and a process for
updating the Comprehensive Plan and the consultants are familiar with
Roanoke's past planning activities and with Roanoke in general and its
commitment to public involvement. Based upon discussions with the
consultants, she stated that the City Planning Commission would favor
a strong citizen participation effort, with the end product being a written
plan that is not only user friendly, but includes a strategic plan for
implementing recommendations so that the Comprehensive Plan is
widely used, with monitoring procedures to provide an annual report
of activities and accomplishments. She added that it is proposed that
a citizens advisory committee will be appointed which would be
recommended by the City Planning Commission to Council for
appointment and the advisory committee would represent a broad and
diverse group of citizens in terms of expertise and interest, which
would work directly with the City Planning Commission and City staff
to publicize the project, to guide public workshops and to coordinate
specific task teams to study plan elements in greater detail, i.e.:
housing, infrastructure, historic resources, public safety, etc. She
advised that the task teams and the advisory committee would develop
the draft plan based upon broad public participation; and, in addition
to the advisory committee, it is expected to have a strong media
promotion of the project and how the public can be involved. She
explained that the consultants and City staff have discussed various
methods for reaching out to all citizens, including speaking to
neighborhood and civic groups, establishing a web site and a project
nationally, and conducting a broad citizen survey. She advised that the
Comprehensive Plan, in general, would be developed in four phases
over a period of approximately 14 months: Phase I has begun which
460
involves data collection and analysis that will continue through the
summer months and involve more citizens as the effort continues;
Phase II involves public workshops which are anticipated to begin in
September and it is proposed to hold at least three public workshops
over a period of several months to discuss issues such as housing,
economic development, environmental quality, etc. She stated that the
teams would then coordinate with the Advisory Committee and their
findings and recommendations would be reported and discussed at
various workshops and ultimately in the draft plan; Phase III involves
the development of implementation strategy in which City staff, the City
Planning Commission, the Advisory Committee and task teams would
identify various strategies to implement the plan which could include
such things as amendments to the Zoning Ordinance, identifying
various p~rtnerships or regional approaches that may be undertaken
and budget recommendations and is expected to begin in January and
end in May; and Phase IV includes development of the final plan and
adoption which is expected to occur by approximately July 2001,
followed by public hearings during the latter part of the summer of
2001. She advised that Council will be informed of the progress of the
project and of the public workshops through the Council Update, the
project newsletter, and future briefings as necessary; and City staff will
maintain close communication with the City Manager and other City
administrators throughout the project. She encouraged Council
Members to become involved in this most important planning effort.
Without objection by Council, the Vice-Mayor advised that the
briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-COMMUNITY PLANNING-CONSULTANTS REPORTS:
The City Manager submitted a written report advising that according to
Section 15.2-2223, Code of Virginia, (1950), as amended, "the local
planning commission shall prepare and recommend a comprehensive
plan for the physical development of the territory within its jurisdiction
and every governing body shall adopt a comprehensive plan for the
territory under its jurisdiction;" in 1986, Council adopted Roanoke
Vision, the City's present Comprehensive Plan, which involved
extensive citizen and neighborhood participation, emphasized historic
preservation, and developed zoning regulations; Roanoke Vision is
now outdated and a new plan is needed to guide Roanoke's future
development, which will also involve extensive public participation to
create a vision for the City that reflects the new values of the
community on issues such as: economic development, housing, land
use, natural resources, quality of life, regional partnerships,
461
transportation, infrastructure and others; and implementation and
monitoring measures will be included to ensure that the comprehensive
plan is integrated into City decision making and updated more
frequently.
It was further advised that a team of City staff and a Planning
Commission representative met to discuss the new plan and to hire a
planning consulting firm the successful proposal consists of a joint
venture of three qualified firms, i.e.: Hutton Associates, Inc., Benson
Associates, and Hill Studio, P.C. ("Consultant"); and a scope of
services has been negotiated and consists of the following four phases
to be completed in an estimated 14-month timeframe:
Phase I (June 2000 - August 2000): <
Collect and analyze data, conduct community outreach
through media and other sources;
Phase II (September 2000 - January 2001):
Conduct public meetings, workshops and develop overall
vision and plan elements (i.e.: housing, economic
development, etc.);
Phase III (February - May 2001):
Continue public process, develop implementation and
monitoring strategies;
Phase IV (June - August 2001);
Draft final plan, hold public hearings to adopt the plan.
It was explained that negotiated cost of the project is
$154,500.00, not including printing of the final documents which is
expected to be approximately $50,000.00 and will be requested next
year from CMERP funding; whereupon, the City Manager recommended
that Council authorize the transfer of $154,500.00 to hire a consultant
and that the City Manager be further authorized to execute an
agreement with the consultant, approved as to form by the City
Attorney, for the aforementioned planning services.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
462
ACTION:
(#34872-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 204.)
Mr. Swain moved the adoption of Ordinance No. 34872-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ............................................................. 6.
NAYS: None ................................................................... 0.
(Mayor Bowers was absent.)
Mr. Swain offered the following emergency ordinance:
(#34873-061900) AN ORDINANCE accepting the proposal of
Hutton Associates, Inc., Benson Associates and Hill Studio, P.C.
(Consultants), to develop a new Comprehensive Plan for the City, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other proposals made to the City for the work;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 205.)
Mr. Swain moved the adoption of Ordinance No. 34873-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris -6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-HUMAN DEVELOPMENT-YOUTH-GRANTS: The City
Manager submitted a written report advising that the Comprehensive
Services Act (CSA), established in 1993, provides residential and non-
residential treatment services to troubled and at-risk youths and their
families through a collaborative system of state and local agencies,
463
parents, and private services providers; which services include
mandated foster care, certain special education services, and
preventive foster care; and CSA also provides services to certain
targeted non-mandated populations.
It was further advised that CSA expenditures for fiscal year 2000
are projected at $8,828,710.00, which include $8,801,695.00 in client
specific costs and $27,015.00 in non-client specific, non-reimbursable
costs; these projections exceed the CSA appropriation of $7,901,758.00
by $926,952.00, and requires an additional local share of $468,164.00,
with the school system being responsible for $285,384.00 of the
additional local share amount.
The City Manager recommended that Council authorize additional
funding for CSA in the amount of $926,952.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34874-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency. ::
(For full text of Ordinance, see Ordinance Book No. 63, page 206.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34874-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-FDETC: The City Manager submitted a written report
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Workforce Investment Act
(WIA) for the region, which encompasses the counties of Allegheny,
Botetourt, Craig, Franklin and Roanoke, as well as the cities of Clifton
Forge, Covington, Roanoke and Salem; the FDETC serves dislocated
workers and economically disadvantaged individuals.
464
It was further advised that the State office of the Virginia
Employment Commission has sent the Consortium a Notice of Award,
in the amount of $25,449.00, earmarked for expenses related to
transition from the Job Training Partnership Act (JTPA) to the
Workforce Investment Act, including staff and Workforce Investment
Board training, consultant fees and other related costs; whereupon, the
City Manager recommended that Council appropriate funding totaling
$25,449.00 and increase the revenue estimate by $25,449.00, in
accounts to be established in the Consortium Fund by the Director of
Finance.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34875-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Consortium Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 208.)
Mr. Hudson moved the adoption of Ordinance No. 34875-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................ 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH: The City Manager submitted a written report advising that the
Hotel Roanoke Conference Center Commission was created by the
Virginia General Assembly in 1991 to construct, equip, maintain and
operate The Conference Center of Roanoke, adjacent to the Hotel
Roanoke; the City of Roanoke and Virginia Tech are participating
entities in the Commission; in 1992, Council authorized the
establishment of an Agency Fund entitled, "Hotel Roanoke Conference
Center Commission"; the enabling legislation for the Commission
allows for the participating parties to equally contribute funds to the
Commission to fund operating deficits of the Commission and to
enable the Commission to expend such revenues for their proper
purposes; the budget must be approved by each of the participating
ACTION:
465
entities, and Council included $175,000.00 in the fiscal year 2000-01
City budget to be used for this purpose.
It was further advised that the fiscal year 2000-01 budget
presents an operating deficit driven by anticipated expenditures for
personal services, legal, administrative, engineering and consultant
services relative to the planned repair of a section of the Conference
Center during the first four months of 2001, and, in preparation for the
trial in September 2001 to settle the Commission's legal actions related
to the Center's construction deficiencies; the Commission also
anticipates the need to secure short term loan financing in order to
complete necessary construction repairs to the Center and to fund any
additional expenses related to the law suit; and the Commission
intends to repay the loan and associated interest costs from the
proceeds of an anticipated settlement.
The City Manager recommended that Council approve the Hotel
Roanoke Conference Center Commission budget for fiscal year 2000-
01, appropriate $350,000.00 to Conference Center Agency Fund
accounts, and establish revenue estimates of $175,000.00 for City of
Roanoke and Virginia Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34876-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center
Commission Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 209.)
Mr. White moved the adoption of Ordinance No. 34876-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Mr. Swain offered the following resolution:
466
(#34877-061900) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal
Year 2000-2001.
ACTION:
(For full text of Resolution, see Resolution Book No. 63, page 210.)
Mr. Swain moved the adoption of Resolution No. 34877-061900.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris. 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-MAPS: The City Manager submitted a written report
advising that Council authorized execution of an agreement with the
U.S. Army Corps of Engineers at its meeting on June 12, 1995, which
provided for preparation of topographic and orthophoto maps of the
City under the Planning Assistance to States Program; Council
authorized an agreement for a second phase of the project at its
meeting on April 21, 1997; the Planning Assistance to States Program
provides for Federal matching funds to help localities support mapping
and flood planning activities, and a five year program to provide digital
topographic and orthophoto maps of the City was developed with the
U.S. Army Corps of Engineers; the first year of the project has been
successfully completed and mapping coverage for the northern one
third of the City has been completed and received by the City; mapping
of the water and sewer systems will take place in the fourth and fifth
years of the program; and the City has provided a total of $200,000.00
in funding in fiscal year 1995-96 and fiscal year 1998-99 to support the
project which has been matched with Federal funds.
It was further advised that the Corps of Engineers' consultant
has identified technical problems that may affect the accuracy of maps
produced by the project, and additional work is needed to fully identify
the source of map errors and to develop appropriate solutions; an
amendment to the agreement between the Corps of Engineers and the
City is needed to authorize the additional work, at a cost of $37,000.00
which will be shared by the City of Roanoke and the Corps of
Engineers; the Corps of Engineers will assume 50 per cent of the cost,
with the remaining 50 per cent due from the City of Roanoke, with the
maximum City financial liability under the proposed amendment at
ACTION:
467
$18,500.00; the City Manager has authority to execute the amendment
since the City's share is $18,500.00, however, funds need to be
appropriated to support amendment to the agreement, and since this
is an ongoing mapping project, additional costs will be incurred as the
project proceeds.
The City Manager recommended that Council appropriate
$25,000.00 from Water Fund prior year retained earnings to Account No.
002-056-2178-9041, Corps of Engineers Mapping Project, $25,000.00
from Sewer Fund prior year retained earnings to Account No. 003-056-
3715-9041, Corps of Engineers Mapping Project, and $67,500.00 from
fiscal year 1998-99 Capital Maintenance and Equipment Replacement
Fund to Account No. 008-056-9654-9003, Corps of Engineers Mapping
Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34878-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General, Water, Sewage Treatment and
Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 211.)
Mr. Hudson moved the adoption of Ordinance No. 34878-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
CITY NURSING HOME-BUDGET: The City Manager submitted a
written report advising that bids were received for demolition of the
Coyner Springs Nursing Home, with R & R Contractors, Ltd., submitting
the Iow bid, including Addendums 1 through 6, in the amount of
$57,950.00, and 45 consecutive calendar days of contract time; a
separate bid was received for asbestos abatement at the Coyner
468
Springs Nursing Home, to enable the work to be completed prior to
demolition; and eleven bids were received, with Custom Contracting,
Inc., submitting the Iow bid in the amount of $20,000.00, and 30
consecutive calendar days of contract time.
The City Manager recommended that Council appropriate
$84,500.00 from fiscal year 1999-00 CMERP to a new capital account
entitled, "Asbestos Abatement/Demolition of Coyner Springs Nursing
Home".
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34879-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 213.)
Mr. Hudson moved the adoption of Ordinance No. 34879-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ............................................................. -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Council Member Swain requested information on the status of
other City buildings that are in need of asbestos abatement.
BUDGET-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a written report advising that the Community Development
Block Grant (CDBG) is a program of the U. S. Department of Housing
and Urban Development (HUD), which offers assistance to the
community in numerous ways; the City has received CDBG entitlement
grants each year since inception of the program in 1974 and must
submit an action plan annually to HUD to receive such funds; and on
May 9, 2000, Council authorized filing of the 2000-2001 CDBG
application through submission of the Consolidated Plan to HUD.
469
It was further advised that HUD's approval letter, granting the
City access to its 2000-2001 CDBG entitlement of $2,152,000.00, is
completing the routine release process and is forthcoming; in addition,
$889,802.00 unexpended from prior year accounts and $390,004.00 in
anticipated program income are also included in for appropriation in
fiscal year 2000-2001 programs; acceptance of the entitlement and
appropriation of all funds to certain accounts listed in Attachment A to
the report is necessary to permit projects to proceed; and $159,576.00
in the fiscal year 2001 General Fund budget has been designated to
help fund administration of the Office of Grants Compliance; which
allows $150,000.00 of CDBG funds to be made available for funding of
additional programs and/or needs in the community.
The City Manager recommended that Council take the following
actions:
1. Adopt a resolution accepting $2,152,000.00 in 2000-
2001 CDBG funds, contingent upon receipt of the approval
letter from HUD;
2. Authorize the City Manager to execute the required
Grant Agreement (to be approved as to form by the City
Attorney), Funding Approval, and other forms required by
HUD in order to accept the funds;
3. Appropriate $2,152,000.00 in entitlement funds, and
$390,004.00 in anticipated program income to revenue and
expenditure accounts in the Grant Fund to be established
by the Director of Finance, as set forth in Attachment A to
the report;
4. Transfer $889,802.00 in CDBG accounts from prior
years to projects included in the 2000-2001 CDBG
program, as set forth in Attachment A to the report; and
5. Transfer $159,576.00 from the General Fund and
appropriate as set forth in Attachment B to the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34880-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
470
ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 215.)
Mr. White moved the adoption of Ordinance No. 34880-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................. -6.
NAYS: None ...................................................................... O.
(Mayor Bowers was absent.)
Mr. White offered the following resolution:
(#34881-061900) A RESOLUTION accepting the Fiscal Year 2000-
2001 funds for the Community Development Block Grant Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development.
(For full text of Resolution, see Resolution Book No. 63, page 214.)
Mr. White moved the adoption of Resolution No. 34881-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................. 6.
NAYS: None ....................................................................... O.
(Mayor Bowers was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that the Investment Partnership
Program (HOME) is a housing assistance program of the U. S.
Department of Housing and Urban Development (HUD); the City has
received a HOME entitlement grant each year since fiscal year 1992 and
must reapply annually to HUD to receive such funding; and on May 9,
2000, Council authorized filing of the 2000-2001 HOME application
through submission of the Consolidated Plan to HUD.
471
It was further advised that HUD's approval letter granting the City
access to its 2000-2001 HOME entitlement of $678,000.00 is completing
the routine release process and is forthcoming; acceptance of funds
and appropriation to accounts indicated in Attachment A to the report
is necessary to permit projects to proceed, and, in addition, $1,000.00
in 1999/2000 HOME entitlement funds needs to be appropriated; along
with these actions, $252,960.00 unexpended from earlier HOME
accounts needs to be transferred as indicated in Attachment B to the
report; and acceptance of the 2000-2001 entitlement requires a local
match of $77,192.00; however, no outlays of City funds will be needed
to meet this requirement.
The City Manager recommended that Council take the following
actions:
Adopt a resolution accepting $678,000.00 in 2000-
2001 HOME funds, contingent upon receipt of the
approval letter from HUD;
Authorize the City Manager to execute the required
Grant Agreement (to be approved as to form by the
City Attorney), Funding Approval, and any other
forms required by HUD in order to accept the funds;
Appropriate $679,000.00 to revenue and expenditure
accounts in the Grant Fund to be established by the
Director of Finance, as set forth in Attachment A to
the report; and
Transfer $252,960.00 in HOME accounts from prior
years to projects included in the 2000-2001 HOME
program, as set forth in Attachment B to the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34882-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Bool~No. 63, page 222.)
472
ACTION:
Mr. White moved the adoption of Ordinance No. 34882-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Mr. White offered the following resolution:
(#34883-061900) A RESOLUTION accepting the Fiscal Year 2000-
2001 funds for the HOME Investment Partnerships Program, and
authorizing the proper City officials to execute the requisite Grant
Agreement with the United States Department of Housing and Urban
Development (HUD).
(For full text of Resolution, see Resolution Book No. 63, page 224.)
Mr. White moved the adoption of Resolution No. 34883-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................. 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH: A report in connection with the Shenandoah
Crossing Cooperation and Parking Agreement and appropriation of
funds to the Roanoke Redevelopment and Housing Authority, was
withdrawn by the City Manager.
PURCHASE/SALE OF PROPERTY: The City Manager submitted
a written report advising that Council authorized acquisition of
approximately 6.5 acres of land in Westview Terrace (the property) from
Habitat for Humanity for $352,800.00, pursuant to Ordinance No. 34031-
100798; minimum standards for development were developed and
approved by neighborhood representatives and Council; Council
authorized conveyance of the property to the highest bidder, pursuant
ACTION:
473
to Resolution No. 34166-020199; and the property was advertised and
bids were opened on July 9, 1999, and on December 20, 1999, Council
rejected all bids received and authorized readvertisement for bids on
the property following revision of the minimum development standards
to include a lien for non-development within five years; and if any of the
24 buildable lots are not built upon within five years, the buyer must
pay the City $4,000.00 for each undeveloped lot; and conveyance of real
property must be approved by Council.
It was further advised that the property was readvertised and
bids were opened on May 18, 2000, with the highest bid having been
submitted by Jerry W. Jones Construction, L. L. C. in the amount of
$125,110.00; whereupon, the City Manager recommended that Council
authorize advertisement of a public hearing, and lacking any comments
to the contrary, authorize the City Manager to execute the appropriate
documents to convey said parcels of land to Jerry W. Jones
Construction, L. L. C., in a form acceptable to the City Attorney; and
that proceeds from the sale of the property be appropriated to a Capital
Projects Fund account for initial expenditures related to the City's $4
million commitment to the Art Museum IMAX Theatre.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that Council concur in the request of the City
Manager. The motion was seconded by Mr. Swain and unanimously
adopted.
CITY COUNCIL-MUNICIPAL BUILDING-DECEASED PERSONS-
CITY ATTORNEY: Pursuant to instructions by Council at its meeting on
June 5, 2000, the City Attorney submitted a written report transmitting
a resolution officially naming the City's Municipal Building the Noel C.
Taylor Municipal Building, as recommended by the Noel C. Taylor
Tribute Committee. He advised that the Committee also recommended
that Ms. Anne Bell, a local artist, be commissioned by the City to paint
a portrait of Dr. Taylor for display in the lobby of the Municipal Building;
and the City Manager's Office is negotiating with the artist, and once
the details have been worked out, the matter will be brought to Council
for action.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following resolution:
474
(#34884-061900) A RESOLUTION naming the Municipal Building
the Noel C. Taylor Municipal Building.
(For full text of Resolution, see Resolution Book No. 63, page 225.)
ACTION:
Dr. Butler moved the adoption of Resolution No. 34884-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .6.
NAYS: None ...................................................................... -0.
(Mayor Bowers was absent.)
PENSIONS-DIRECTOR OF FINANCE: The City Manager and the
Director of Finance submitted a joint written report advising that the
City of Roanoke has 32 employees whose salary and fringe benefits are
paid with Federal or State grant funds; these grant employees receive
the same fringe benefits as City employees, except for retirement
benefits; normally, grants are approved and funded for a period of one
year; due to the five year vesting requirement for the City Pension Plan
and previously as much as 20 years, a retirement contribution equal to
nine per cent of the employee's base salary is paid on behalf of all grant
employees to a Deferred Compensation Plan managed by the
International City Management Association, Retirement Corporation
(ICMA); and the 32 grant employees are not members of the City of
Roanoke Pension Plan which might deter City employees from applying
for grant funded positions due to the fact that they would end their
membership in the City Pension Plan.
It was further advised that several employees who are paid by
grants have inquired about membership in the City of Roanoke Pension
Plan; average service time for these employees equals four and one-
half years; a recent survey of other local retirement systems in Virginia
reflected that employees whose salaries are paid with grant funds are
included in their pension plans; Palmer & Cay Consulting Group,
Actuary for the Pension Plan, states that no actuarial liability would be
created by allowing these employees an irrevocable option to become
a member of the Pension Plan in lieu of the nine per cent (9%)employer
paid contribution to ICMA, previously authorized by Ordinance No.
26168, da~ed July 26, 1982; and if this option were granted, there would
ACTION:
475
be no additional cost to the City for those employees to be members of
the Pension Plan since their respective grant would be required to pay
the contributions.
The City Manager and the Director of Finance recommended that
a one time option be granted to the currently employed 32 employees
beginning July 1, 2000, and ending at the close of business on
August 31, 2000, to make an irrevocable election to become an active
member of the City of Roanoke Pension Plan and not receive the nine
per cent (9%) employer paid ICMA contribution, or continue to receive
the employer paid ICMA contribution; service accumulation in the City
Pension Plan would begin on the day following the election and each
current grant employee would retain the employer paid ICMA
contributions, including investment returns; and all future employees
hired and funded by grants will be members of the City Pension Plan;
whereupon, measures were transmitted which will enact the
recommended changes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#34885-061900) AN ORDINANCE amending the definition of
"Employee" in §22.1-2, Definitions, and amending §22.1-3, Membership
Generally, by adding a newsubsection (c5), Chapter 22.1, Pensions and
Retirement, Code of the City of Roanoke (1979), as amended; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 226.)
Mr. Hudson moved the adoption of Ordinance No. 34885-061900.
The motion was seconded by Mr. Swain.
Ms. Wyatt inquired if there are other City employees who receive
the ICMA benefit and were also grandfathered in to the City's Pension
Plan; whereupon, the City Manager advised that a prior Council
permitted two current City employees to retain their ICMA contributions
and also become members of the City's Pension Plan. She stated that
her review of the situation did not suggest that simply because that
specific action was taken by a prior Council that it was an action that
should be supported in the future. She added that she is not in a
position to counter an action taken by a previous City Council, and it is
her considered opinion that it would not be in the best interest of the
City to allow the 32 grant employees in question to receive credit for
their years of service in addition to the ICMA deferred compensation.
476
She called attention to another item on the Council's agenda that will
allow these grant employees, as well as other employees of the City
who have prior service, to purchase their service if they choose to do
SO.
Ms. Wyatt pointed out that under the proposed recommendation,
the City is treating the 32 grant employees significantly different from
a past practice that was approved by a pervious City Council for two
current City employees. She expressed concern with regard to treating
employees differently, especially when both groups requested the same
benefit and, granting the request of one group of employees and not
the other is blatant discrimination; therefor, she stated that she could
not support the proposed ordinance.
The City Manager and the Director of Finance were requested to
state for the record whether they believe their recommendation is the
most appropriate and equitable way to address the request of the 32
grant employees.
The Director of Finance advised that the matter originated as the
result of a request by a 16 year City employee who was interested in
applying for a grant funded position, and the employee inquired if he
or she could retain membership in the City's retirement system;
however, at that time, the pension ordinance specifically excluded
grant employees. He called attention to a report that was submitted to
Council in October 1999 which was tabled and City staffwas instructed
by Council to meet with the 32 grant employees. He explained that the
32 grant employees are entitled to an option that most City employees
do not receive which enables them to retain their ICMA deferred
compensation, or they can give up the right to receive the nine per cent
of their gross pay and begin membership in the City's retirement
system, effective July 1, 2000, and in the future, when employees are
hired in positions that are funded by grants, they will automatically be
included in the City's retirement system. From an organizational
perspective, he advised that the proposal before Council is fair without
creating other types of problems.
The City Manager advised that the fact that a certain decision
was made by a previous City administration and City Council must be
accepted; however in her professional judgment, the recommendation
currently before Council is the best recommendation possible; and she
could not allow what she views as a poor decision which was made
several years ago, to dictate the kind of decision that she would
recommend to Council today. She added that the most significant
achievement in the recommendation currently before Council is that
477
there will no longer be grant employees in the City of Roanoke, but
employees who are funded by grants who will be members of the City's
retirement system, therefore, these types of problems will not occur in
the future.
Ordinance No. 34885-061900 was adopted by the following vote:
AYES: Council Members Swain, White, Butler, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: Council Member Wyatt ................................................ 1.
(Mayor Bowers was absent.)
Mr. White offered the following emergency ordinance:
(#34886-061900) AN ORDINANCE amending Ordinance No.
26158, adopted on July 26, 1982, pertaining to the International City
Management Association Retirement Corporation Deferred
Compensation Plan, in order to continue such Plan for certain
employees who elect not to participate in the Employees' Supplemental
Retirement System (ESRS); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 229.)
ACTION:
Mr. White moved the adoption of Ordinance No. 34886-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Butler, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: Council MemberWyatt ................. ~ ............................. 1.
(Mayor Bowers was absent.)
CITY CODE-PENSIONS: The City Manager and the Director of
Finance submitted a joint written report advising that the General
Assembly of the Commonwealth and the Internal Revenue Service (IRS)
approved eligible Virginia Retirement System (VRS) members to
purchase prior service credit on a tax-deferred basis; on February 22,
2000, Council adopted Resolution No. 34699-022200, allowing
employees of the City Sheriff who are members of VRS the availability
of this option; and on May 15, 2000, Council authorized the Board of
Trustees of the City of Roanoke Pension Plan to enter into an
478
agreement with the VRS or other political subdivisions of the
Commonwealth having a defined benefit plan allowing portability of
service.
It was further advised that on March 20, 2000, Mays & Valentine
applied on behalf of the City Pension Plan to the IRS for eligible
members to purchase certain prior service on a tax-deferred basis; and
City Pension Plan members may purchase the following creditable
service:
Service credit forfeited because portable years of service
did not transfer year for year; and
Service with the City in a position funded by a grant.
It was explained that the purchase of eligible service must be
made through payroll deduction; the Pension Plan member must sign
a salary reduction payroll agreement each year detailing the time frame
of service to be purchased; and Palmer & Cay Consulting Group,
Actuary for the City Pension Plan, recommended that ten per cent of
present earnable compensation or average earnable compensation,
whichever is greater, be used to purchase each year of service; which
percentage is cost-neutral to the Pension Plan.
The City Manager and the Director of Finance recommended that
Council adopt an ordinance which provides for City Pension Plan
members to purchase certain service as a pre-tax deduction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34887-061900) AN ORDINANCE amending Chapter 22.1,
Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, by the addition of new subsections (c) through (f) to §22.1-
43.1, Purchased Service Credit - ESRS, to provide for purchased
service credit by members of (i) the Employees Supplemental
Retirement System Plan from any other retirement system, not
supplemental to the Virginia Retirement System, with which the City
has entered into a portability agreement pursuant to §22.1-43.1, and
§51.1-801.1 of the Code of Virginia (1950), as amended, and by (ii)
certain employees whose positions have been funded by grants; and
providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 63, page 230.)
ACTION:
479
Mr. Swain moved the adoption of Ordinance No. 34887-061900.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Swain, White, Butler, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: Council MemberWyatt- ............................................... 1.
(Mayor Bowers was absent.)
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The Director of
Finance submitted a written report advising that capital projects of all
types have been approved by Council for construction over the past
years, which projects have included construction in major categories
for buildings, parks, streets, bridges, sanitary sewers, water projects,
storm drains and technology related projects; funding is established for
each project when Council approves the project based on the bids for
the various project costs, as well as extra funding for possible
contingencies; completed projects have contingency funds remaining
after final bills are paid, because projects are completed within the
established budgets; and a number of capital projects have been
completed and can be closed out and remaining funds need to be
transferred from the completed projects to capital projects still under
construction or to capital improvement reserve accounts for other
future consideration.
The Director of Finance transmitted a budget ordinance which
will transfer $35,286.00 in remaining funds in completed projects to the
capital improvement reserve to be available for future appropriations,
with the remaining funds of $151,081.00 to be transferred to other
related projects still under construction; the largest transfer consists
of the Tinker Creek Interceptor Sewer project that has been completed,
and funds of $96,132.00 are being transferred to the Roanoke River
Sewer Interceptor Construction project, and both projects relate to the
regional Sewage Treatment Plant expansion.
The Director of Finance recommended transfer of funds from
completed capital projects to appropriate accounts as set forth on the
abovereferenced budget ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
480
ACTION:
(#34888-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Treatment and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 232.)
Mr. Hudson moved the adoption of Ordinance No. 34888-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ............................................................... 6.
NAYS: None ..................................................................... O.
(Mayor Bowers was absent.)
REPORTS OF COMMITTEES:
BUDGET-WATER RESOURCES: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for preparing shop drawings, manufacturing and installing a newstand-
by emergency generator for the Delray Pump Station.
The Bid Committee recommended that Council accept the bid of
Pioneer Electrical Contractors, Inc., in the amount of $141,875.00, and
160 consecutive calendar days for completion of the work, with a
project contingency of $3,126.00, in accordance with the contract
documents as prepared by the Office of the City Engineer; authorize the
City Manager to enter into a contractual agreement with the builder;
and appropriate $145,000.00 from Water Department Retained Earnings
account to a new capital account entitled, "Delray Standby Emergency
Generator".
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34889-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
ACTION:
ACTION:
481
(For full text of Ordinance, see Ordinance Book No. 63, page 235.)
Mr. Swain moved the adoption of Ordinance No. 34889-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Mr. Swain offered the following emergency ordinance:
(#34890-061900) AN ORDINANCE accepting the bid of Pioneer
Electrical Contractors, Inc., for preparing shop drawings,
manufacturing and installing the Delray Pump Station Standby
Emergency Generator, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 236.)
Mr. Swain moved the adoption of Ordinance No. 34890-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
SIDEWALK/CURB AND GUTTER-BUDGET: Council Member
Carroll E. Swain, Chairperson, Bid Committee, presented a written
report on behalf of the Committee, in connection with bids received by
the City for new concrete sidewalks, entrances, curb and gutter
improvements to be constructed throughout the City.
The Bid Committee recommended that Council accept the bid of
H. & S. Construction Company, in the amount of $644,350.00, with 365
calendar days for completion of the work, with a project contingency of
482
ACTION:
$60,000.00, in a form to be approved by the City Attorney; transfer
$604,350.00 from Sale of Public Improvement Bonds - Series 2000,
Streets and Sidewalks, to an account to be established by the Director
of Finance in the Capital Projects Fund entitled, "Sidewalk and Curbs
Phase V-A"; and appropriate $100,000.00 from Capital Improvement
Reserve for Streets & Bridges to "Sidewalk and Curbs Phase V-A".
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34891-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 237.)
Mr. Swain moved the adoption of Ordinance No. 34891-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... -6.
NAYS: None ...................................................................... -0.
(Mayor Bowers was absent.)
Mr. Swain offered the following emergency ordinance:
(#34892-061900) AN ORDINANCE accepting the bid of H. & S.
Construction Company for constructing 20,000 square feet of sidewalk
and 15,000 linear feet of curb on various streets throughout the City of
Roanoke, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the requisite
contract for such work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 238.)
Mr. Swain moved the adoption of Ordinance No. 34892-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
483
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... -6.
NAYS: None ......................................... -~ ............................ 0.
(Mayor Bowers was absent.)
Mr. White raised a question with regard to distribution of
sidewalk installations throughout the City, and asked that Mr. Kiser
review past actions to insure that sidewalk installation has been
equitably distributed.
BUDGET-MUNICIPAL BUILDING: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for Municipal South Renovations consisting of the following:
Council Chambers
New ceiling, lights and air diffusers
Removal of sliding wall panels on each side
Removal of existing wall fabric and installation of
new fabric
Removal of vinyl asbestos tile and base
New dais, podium, speaker stand, and Mayor's
agenda table
Paint as specified in Contract Documents
Council Conference Room
Removal of present ceiling and replace with new
ceiling, lights and air diffusers
Fourth Floor Corridor
Removal of vinyl asbestos tile and base
New vinyl composition tile and vinyl base
Removal of wall fabric and replace
Rework and replace ceiling tile
Paint doors, frames and ceiling recess at ends of
lights
ADA Compliant Toilets
Men's and women's toilets on first floor, second
floor and fourth floor
484
ACTION:
The Bid Committee recommended that Council accept the bid of
A & E International, L. L. C., in the amount of $144,787.27, and 120
consecutive calendar days for completion of the work, in accordance
with the contract documents as prepared by the Office of the City
Engineer, in association with Whitescarver, Hurd & Obenchain, Inc.;
authorize the City Manager to enter into a contractual agreement, in a
form to be approved by the City Attorney; transfer $260,588.00 for the
entire project, and authorize the Director of Finance to create a new
capital account entitled, "Municipal South Renovations"; and reject all
other bids received by the City.
The City Manager submitted a written report concurring in the
recommertdation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34893-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 239.)
Mr. Swain moved the adoption of Ordinance No. 34893-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
Mr. Swain offered the following emergency ordinance:
(#34894-061900) AN ORDINANCE accepting the bid of A & E
International, EL.C, for Municipal South Renovations, 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. 63, page 240.)
ACTION:
485
Mr. Swain moved the adoption of Ordinance No. 34894-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-CULTURAL SERVICES COMMITTEE: The Cultural
Services Committee submitted a written report advising that the
Cultural Services Committee budget, in the amount of $275,187.00, was
established by Council, pursuant to adoption of the General Fund
budget for fiscal year 2000-01 on May 9, 2000; requests from 16
different agencies totaling $476,280.00 were received and committee
members studied each application prior to the allocation meeting which
was held on April 25, 2000.
It was further advised that appeals of committee
recommendations, as provided by committee policy, were received
after notification to each agency of its tentative recommended
allocation; one appeal was filed and heard on May 19, 2000, from the
Harrison Museum of African American Culture; the Committee voted to
allocate $17,223.00 to the Museum; performance audits will be
conducted by the Arts Council of the Blue Ridge to evaluate the
effectiveness and efficiency of funded programs; and the Committee is
concerned that some regional agencies are not funded by other
localities, with Attachment B indicating funding received from other
jurisdications.
Thc Cultural Services Committee recommended that Council
transfer $275,187.00 as set forth in Attachment A to the report from the
Cultural Services Committee, Account No. 001-630-5221-3700, to new
line items to be established within the Cultural Services Committee
budget by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34895-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
486
ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 241.)
Mr. Swain moved the adoption of Ordinance No. 34895-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................ -6.
NAYS: None .................................................................... O.
(Mayor Bowers was absent.)
Mr. Swain offered the following resolution:
(#34896-061900) A RESOLUTION concurring in the
recommendations of the Cultural Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 2000-2001.
(For full text of Resolution, see Resolution Book No. 63, page 243.)
Mr. Swain moved the adoption of Resolution No. 34896-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................. -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
BUDGET-HUMAN DEVELOPMENT COMMITTEE: The Human
Services Committee submitted a written report advising that the Human
Services Committee budget, in the amount of $460,941.00, was
established by Council with the adoption of the General Fund budget
for fiscal year 2000-01 on May 9, 2000; requests from 37 agencies
totaling $784,301.56 were received as indicated on Attachment A to the
report; and Committee members studied each application prior to an
allocation meeting which was held on April 18, 2000.
487
It was further advised that appeals of Committee
recommendations, as provided by Committee policy, were received
after notification to each agency of its tentative recommended
allocation; and the following four appeals were filed and heard on
May 16, 2000;
Conflict Resolution Center - An appeal was heard
and denied;
Goodwill Industries Tinker Mountain, Inc. - The
Committee requested the Director of Human
Development to identify additional funding sources
for this agency;
Southwestern Virginia Second Harvest Food Bank -
An additional $1,000.00 for a total amount of
$14,641.00 was allocated to the Food Bank,
however, the total request of $25,000.00 could not
be provided;
National Conference for Community and Justice -
This agency was not considered for funding during
deliberations because they did not meet policies
and procedures set forth by the City, an appeal was
filed, additional information was submitted which
brought them into compliance, and an amount of
$2,000.00 was recommended for this agency.
In addition, it was explained that performance audits will be
conducted by the Council of Community Services to evaluate the
effectiveness and efficiency of funded programs; and the Committee is
concerned that some regional agencies are not funded by other
localities; with Attachment B to the report indicating funding received
from other jurisdictions.
The Human Services Committee recommended that Council
transfer $460,941.00 from the Human Services Committee, Account No.
001-630-6220-3700, to new line items to be established by the Director
of Finance as set forth in Attachment A to the report; authorize the City
Manager to negotiate a contract for $27,000.00 with The Salvation Army
for provision of services to Roanoke City citizens under the Homeless
Housing Program (The Red Shield Lodge) and/or Abused Women's
Shelter (The Turning Point); and further authorize the City Manager to
negotiate a contract for $11,000.00 to cover performance audits to be
conducted by the Council of Community Services.
488
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34897-061900) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 244.)
Mr. Hudson moved the adoption of Ordinance No. 34897-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .............................................................. -6.
NAYS: None ...................................................................... -0.
(Mayor Bowers was absent.)
Mr. Hudson offered the following resolution:
(#34898-061900) A RESOLUTION concurring in the
recommendations of the Human Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 2000-2001, and authorizing the City Manager to negotiate a
contract with The Salvation Army for provision of services under the
Homeless Housing Program and/or Abused Women's Shelter.
(For full text of Resolution, see Resolution Book No. 63, page 247.)
Mr. Hudson moved the adoption of Resolution No. 34898-061900.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................ 6.
NAYS: None ..................................................................... -0.
(Mayor Bowers was absent.)
UNFINISHED BUSINESS:
489
CONVENTION AND VISITORS BUREAU-TOURISM: Council at its
meeting on Monday, June 5, 2000, having tabled a report of the City
Manager with regard to the fiscal year 2000-01 agreement between the
City of Roanoke and the Roanoke Valley Convention and Visitors
Bureau, Mr. White moved that the matter be taken from the table. The
motion was seconded by Mr. Swain and adopted.
The City Manager submitted a written report advising that
Council adopted an annual operating budget which included
$541,440.00 to the Roanoke Valley Convention and Visitor's Bureau
(RVCVB) for fiscal year 2000-01; and Council requests assistance of the
RVCVB in marketing and selling Roanoke and desires assurances that
these funds will be used for these purposes.
It was further advised that the City has negotiated a one year
agreement commencing July 1,2000, with the RVCVB detailing the use
of funds; the RVCVB will submit a detailed budget and work plan to the
City Manager no later than July 30, 2000, for review and approval;
funding should be made available in a timely manner to insure
consistent delivery of services by the RVCVB; and the agreement
contains a provision requiring both partners to indemnify and hold
harmless each other.
The City Manager recommended that Council authorize four
payments of $135,360.00, each, for a total of $541,440.00, and authorize
the City Manager to execute an agreement for the express purpose of
marketing the Roanoke Valley as a regional destination for convention,
conference, leisure and business travel.
(For full text, see report on file in the City Clerk's Office.)
David J. Kjolhede, Executive Director, Roanoke Valley
Convention and Visitor's Bureau, advised that he would respond to
certain questions based on the stated concerns of Council. He
explained that the percentage of the total RVCVB budget funded by the
City of Roanoke last year was approximately 64 per cent. In regard to
personnel policies and procedures, he advised that when he met with
Council last year, he assured the Members of Council that the Roanoke
Valley Convention and Visitors Bureau is an equal opportunity
employer and shortly after the Council meeting, a member of the staff
resigned, the RVCVB again followed routine practices of publicizing the
position and hired an individual from the minority community as its
conference coordinator, and no further staff turnover has occurred
since that time. He stated that other concerns expressed by Council
would be more appropriately addressed by a member of the City staff.
490
ACTION'
Mr. Hudson offered the following resolution:
(#34899-061900) A RESOLUTION authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of
increasing tourism in the Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 63, page 248.)
Mr. Hudson moved the adoption of Resolution No. 34899-061900.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................. 6.
NAYS: None .................................................................. 0.
(Mayor Bowers was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BICYCLISTS: Ordinance No. 34851, having previously been
before the Council for its first reading on Monday, June 5, 2000, read
and adopted on its first reading and laid over, was again before the
body, Mr. Swain offering the following for its second reading and final
adoption:
(34851-061900) AN ORDINANCE amending the Code of the City
of Roanoke (1979), as amended, by adding new §21-47, Bicycle
helmets, to Article I, In General, of Chapter 21, Offenses -
Miscellaneous, Code of the City of Roanoke (1979), as ame~ ~ucl~
new section prohibiting persons fourteen years of age or younger from
riding or being carried on a bicycle on any highway, sidewalk, or public
bicycle path without wearing a protective helmet; and providing for an
effective date.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 180.)
Mr. Swain moved the adoption of Ordinance No. 34851-061900.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris ................................................................... -6.
491
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: This being the
last Council Meeting of Council Members Swain and Butler, Members
of Council commended their service; whereupon, it was noted that a
reception will be held on June 26, 2000, at which time other
expressions of appreciation will be presented.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS: Mr. William Brown 445 Elm Avenue, S. W.,
appeared before Council in connection with certain existing
undesirable conditions in his neighborhood resulting from activities of
a business establishment; i.e. alcohol sales, alcohol and drug users,
debris, loitering, disturbing the peace, etc. He advised that after talking
with the City Manager, she suggested that he take his concerns to the
Virginia Alcoholic Beverage Control Board; however, this is not an
acceptable solution to the problem. He requested the assistance of the
City of Roanoke in addressing the matter.
It was the consensus of Council to refer the remarks of Mr.
Brown to the City Manager for appropriate response.
MISCELLANEOUS-NEIGHBORHOOD ORGANIZATIONS: Ms.
Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council on
behalf of most residents and supporters of Historic Gainsboro. She
advised that Members of Council are aware of which Council actions
have caused pain and which actions have caused joy in the Gainsboro
community; therefore, there is no need for enumeration. She further
advised that the trust of the people which is given to elected, appointed
and volunteer leaders should not be betrayed, and asked that Mayor
Bowers be briefed on her message because it is intended for each
outgoing City Council member, each remaining City Council Member
and each incoming City Council Member. She stated thatwhen Council
Members are lonely, Historic Gainsboro wishes them love; when they
are down, Historic Gainsboro wishes them joy; when things get
complicated, Historic Gainsboro wishes them faith; and when things
492
ACTION:
ACTION:
look empty, Historic Gainsboro wishes them hope. In conclusion, she
advised that each of us have, or will, experience all of these emotions
at some time in our life.
At 5:05 p.m., the Vice-Mayor declared the meeting in recess.
At 6:50 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of 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 Swain, White, Butler, Hudson and Vice-
Mayor Harris ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Vice-Mayor
advised that there is a vacancy on the Youth Services Citizen Board
created by expiration of the term of office of Adam G. Herbert, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Jamie C. Payne.
There being no further nominations, Ms. Payne was appointed as
a member of the Youth Services Citizen Board, for a term ending
May 31, 2003, by the following vote:
FOR MS. PAYNE: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ........................................................ 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor
ACTION:
ACTION:
493
advised that there is a vacancy on the Roanoke City Public Library
Board created by the resignation of Gloria P. Manns, and called for
nominations to fill the vacancy.
Mr. White placed in nomination the name of JoAnn F. Hayden.
There being no further nominations, Ms. Hayden was appointed
as a member of the Roanoke City Public Library Board, for a term
ending June 30, 2002, by the following vote:
FOR MS. HAYDEN: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ........................................................ 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by
expiration of the term of office of Judy A. Bower, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Henry Scholz.
There being no further nominations, Mr. Scholz was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2002, by the following vote:
FOR MR. SCHOI. Z: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ........................................................ 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor
advised that the terms of office of Michael L. Ramsey, Rochelle S.
Nolan, and Brooke M. Parrott as members of the Roanoke Public
Library Board will expire on June 30, 2000, and called for nominations
to fill the vacancies.
Mr. White placed in nomination the names of Michael L. Ramsey,
Rochelle S. Nolan and Brooke M. Parrott.
494
ACTION:
There being no further nominations, Mr. Ramsey, Ms. Nolan and
Ms. Parrott were reappointed as members of the Roanoke Public
Library Board, for terms ending June 30, 2003, by the following vote:
FOR MR. RAMSEY, MS. NOLEN AND MS. PARROTT: Council
Members Swain, White, Wyatt, Hudson, Buffer and Vice-Mayor Harris--5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Vice-Mayor advised that the terms of office of
Ann L. Weinstein and LuJean Bedard as members of the Roanoke Arts
Commission will expire on June 30, 2000, and called for nominations
to fill the vacancies.
Mr. White placed in nomination the names of Ann L. Weinstein
and LuJean Bedard.
ACTION:
There being no further nominations, Ms. Weinstein and Ms.
Bedard were reappointed as members of the Roanoke Arts
Commission, for terms ending June 30, 2003, by the following vote:
FOR MS. WEINSTEIN AND MS. BEDARD: Council Members
Swain, White, Hudson, Buffer and Vice-Mayor Harris .......................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Vice-
Mayor advised that the terms of office of Robert O. Gray, Sloan H.
Hoopes and Alfred C. Moore as members of the War Memorial
Committee will expire on June 30, 2000, and called for nominations to
fill the vacancies.
ACTION:
Mr. White placed in nomination the names of Robert O. Gray,
Sloan H. Hoopes, and Alfred C. Moore.
There being no further nominations, Mr. Gray, Mr. Hoopes, and
Mr. Moore were reappointed as members of the War Memorial
Committee, for terms ending June 30, 2001, by the following vote:
FOR MR. GRAY, MR. HOOPES AND MR. MOORE: Council
Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......... 5.
ACTION:
495
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Vice-Mayor advised that the terms of office of
Frances L. Keen, Frank J. Eastburn, Michael Brennan, George A.
Kegley, Courtney Penn, and Beverly James as members of the Cultural
Services Committee will expire on June 30, 2000, and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of Frances L. Keen,
Frank J. Eastburn, Michael Brennan, George A. Kegley, Courtney Penn,
and Beverly James.
There being no further nominations, Ms. Keen, Mr. Eastburn, Mr.
Brennan, Mr. Kegley, Mr. Penn and Ms. James were reappointed as
members of the Cultural Services Committee, for terms ending June 30,
2001, by the following vote:
FOR MS. KEEN, MR. EASTBURN, MR. BRENNAN, MR. KEGLEY,
MR. PENN AND MS. JAMES: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ........................................................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Vice-Mayor advised that the terms of office of Frank W. Feather,
Cynthia S. Bryant, Evelyn F. Board, Margaret C. Thompson and
Glenn D. Radcliffe as members of the Human Services Committee will
expire on June 30, 2000, and called for nominations to fill the
vacancies.
Mr. White placed in nomination the names of Frank W. Feather,
Cynthia S. Bryant, Evelyn F. Board, Margaret C. Thompson, Glenn D.
Radcliffe and Pam Kestner Chappelear.
There being no further nominations, Reverend Feather, Ms.
Bryant, Ms. Board, Ms. Thompson and Mr. Radcliffe were reappointed
and Ms. Kestner-Chappelear was appointed as members of the Human
Services Committee, for terms ending June 30, 2001, by the following
vote:
496
ACTION:
ACTION:
FOR REVEREND FEATHER, MS. BRYANT, MS. BOARD, MS.
THOMPSON, MR. RADCLIFFE AND MS. KESTNER-CHAPPELEAR:
Council Members Swain, White, Hudson, Butler and Vice-Mayor
Harris ......................................................................................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/
CONTROL: The Vice-Mayor advised that the terms of office of
Willard N. Claytor, Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley,
Kathy S. Hill, Lucian Y. Grove, E. L. Noell and Bill Tanger as members
of the Flood Plain Committee will expire on June 30, 2000, and called
for nominations to fill the vacancies.
Mr. White placed in nomination the names of Willard N. Claytor,
Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill,
Lucian Y. Grove, E. L. Noell and Bill Tanger.
There being no further nominations, Mr. Claytor, Mr. Lunsford,
Mr. Wheeler, Mr. Tinsley, Ms. Hill, Mr. Grove, Mr. Noell and Mr. Tanger
were reappointed as members of the Flood Plain Committee, for terms
ending June 30, 2001, by the following vote:
FOR MR. CLAYTOR, MR. LUNSFORD, MR. WHEELER, MR.
TINSLEY, MS. HILL, MR. GROVE, MR. NOELL AND MR. TANGER:
Council Members Swain, White, Hudson, Butler and Vice-Mayor
Harris ......................................................................................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Vice-Mayor advised that the terms of office of John P. Baker,
William L. Bova and Phillip F. Sparks as members of the Economic
Development Commission will expire on June 30, 2000, and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of John P. Baker,
William L. Bova and Phillip F. Sparks.
There being no further nominations, Mr. Baker, Mr. Bova and Mr.
Sparks were reappointed as members of the Economic Development
Commission, for a term ending June 30, 2003, by the following vote:
ACTION:
ACTION:
ACTION:
497
FOR MR. BAKER, MR. BOVA AND MR. SPARKS: Council
Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Vice-Mayor advised that the term of office of Lucy R. Ellett as a member
of the Roanoke Valley Greenways Commission will expire on June 30,
2000, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Lucy R. Ellett.
There being no further nominations, Ms. Ellett was reappointed
as a member of the Roanoke Valley Greenways Commission, for a term
ending June 30, 2003, by the following vote:
FOR MS. ELLETT: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ......................................................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Vice-Mayor advised that the terms of office of Jeanette E. Hardin,
Alphonzo L. Holland, Sr., and Carol D. Wright as members of the
Personnel and Employment Practices Commission will expire on
June 30, 2000, and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of Jeanette E. Hardin,
Alphonzo L. Holland, Sr., and Carol D. Wright.
There being no further nominations, Ms. Hardin, Mr. Holland and
Ms. Wright were reappointed as members of the Personnel and
Employment Practices Commission for a terms ending June 30, 2003,
by the following vote:
FOR MS. HARDIN, MR. HOLLAND AND MS. WRIGHT: Council
Members Swain, White, Wyatt, Hudson, Butler and Vice-Mayor Harris--5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
498
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Vice-Mayor advised that the terms of office of Richard Clark,
Steven Higgs, Carl H. Kopitzke, and Betty Field as members of the Mill
Mountain Advisory Committee will expire on June 30, 2000, and called
for nominations to fill the vacancies.
Mr. White placed in nomination the names of Richard Clark,
Steven Higgs, Carl H. Kopitzke, and Betty Field.
Thers being no further nominations, Mr. Clark, Mr. Higgs, Mr.
Koptizke, and Ms. Field were reappointed as members of the Mill
Mountain Advisory Committee, for terms ending June 30, 2001, by the
following vote:
ACTION:
FOR MR. CLARK, MR. HIGGS, MR. KOPITZKE AND MS. FIELD:
Council Members Swain, White, Hudson, Butler and Vice-Mayor
Harris ......................................................................................... $.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The Vice-Mayor advised that the terms of office of
Evelyn S. Lander and Linda F. Wyatt as members of the Roanoke
Valley-Allegheny Regional Commission will expire on June 30, 2000,
and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of Evelyn S. Lander
and Lind= F. Wyatt.
There being no further nominations, Ms. Lander and Ms. Wyatt
were reappointed as members of the Roanoke Valley-Allegheny
Regional Commission, for terms ending June 30, 2003, by the following
vote:
ACTION:
FOR MS. LANDER AND MS. WYATT: Council Members Swain,
White, Hudson, Butler and Vice-Mayor Harris .................................. 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
ACTION:
ACTION:
499
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice-
Mayor advised that the terms of office of David Davis, Catherine Fox,
Estelle H. McCadden, Samuel G. Oakey, III, Amy W. Peck, Sherley E.
Stuart, Kathy Wilson and Rodney E. Lewis as members of the Special
Events Committee will expire on June 30, 2000, and called for
nominations to fill the vacancies.
Mr. White placed in nomination the names of David Davis,
Catherine Fox, Estelle H. McCadden, Samuel G. Oakey, III, Amy W.
Peck, Sherley E. Stuart, Kathy Wilson and Rodney E. Lewis.
There being no further nominations, Mr. Davis, Ms. Fox, Ms.
McCadden, Mr. Oakey, Ms. Peck, Mr. Stuart, Ms. Wilson and Mr. Lewis
were reappointed as members of the Special Events Committee, for
terms ending June 30, 2001, by the following vote:
FOR MR. DAVIS, MS. FOX, MS. MCCADDEN, MR. OAKEY, MS.
PECK, MR. STUART, MS. WILSON AND MR. LEWIS: Council Members
Swain, White, Hudson, Butler and Vice-Mayor Harris ......................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Vice-Mayor
advised that the term of office of Donna S. Johnson as a member of the
Board of Trustees, City of Roanoke Pension Plan, will expire on June
30, 2000, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name ~)f Donna S. Johnson.
There being no further nominations, Ms. Johnson was
reappointed as a member of the Board of Trustees, City of Roanoke
Pension Plan, for a term ending June 30, 2004, by the following vote:
FOR MS. JOHNSON: Council Members Swain, White, Hudson,
Butler and Vice-Mayor Harris ........................................................ 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Vice-
Mayor advised that the terms of office of Bobby Lavendar and E. L.
Noell as members of the Board of Fire Appeals will expire on June 30,
2000, and called for nominations to fill the vacancies.
5O0
Mr. White placed in nomination the names of Bobby Lavendar
and E. L. Noell.
ACTION:
There being no further nominations, Mr. Lavendar and Mr. Noell
were reappointed as members of the Board of Fire Appeals, for terms
ending June 30, 2004, by the following vote:
FOR MR. LAVENDAR AND MR. NOELL: Council Members Swain,
White, Hudson, Butler and Vice-Mayor Harris ................................... 5.
(Mayor Bowers was absent.) (Council Member Wyatt was out of the
Council Chamber.)
At 6:55 p.m., the Vice-Mayor declared the meeting in recess until
7:00 p.m.
On Monday, June 19, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Vice-Mayor Harris
presiding.
PRESENT: Council Members Swain, White, Wyatt, Hudson,
Butler and Vice-Mayor Harris ........................................................ 6.
ABSENT: Mayor Bowers ..................................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
James D. Ritchie, Sr., Deputy 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 Vice-
Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mr. Elisse Balisage who became a citizen of the
United States of America on March 31, 2000.
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, June 19, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Northwest
501
Neighborhood Environmental Organization, Inc., that properties located
in the 900 block of Centre Avenue, N. W., be rezoned from RM-3,
Residential Multifamily, High Density District, to RM-4, Residential
Multifamily, High Density District, described as Official Tax Nos.
2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509,
2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917,
2111918, 2111919, 2111920, 2111921, and 2111922, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and
in The Roanoke Tribune on Thursday, June 8, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that on
February 22, 2000, the Planning Commission petitioned and
recommended approval to Council for rezoning of the aforementioned
properties from LM, Light Manufacturing District, to RM-3, Residential
Multifamily High Density District; Council approved the rezoning by
unanimous vote on February 22, 2000; the Northwest Neighborhood
Environmental Organization (NNEO) subsequently realized that the lot
size requirements in the RM-3, Residential Multifamily High Density
District, could not be met with the proposed 68 units for the site;
therefore, on April 6, 2000, the NNEO filed a petition to rezone the
property to RM-4, Residential Multifamily High Density District; and RM-
4 provides for a lot requirement of 1,000 square feet per dwelling unit
as opposed to the 1,800 square feet requirement per dwelling unit in the
RM-3 district
The City Planning Commission recommended approval of the
rezoning request from RM-3 to RM-4, subject to certain conditions
proffered by the petitioner.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#34900) AN ORDINANCE to amend §36.1:3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 249.)
5O2
The motion was seconded by Dr. Butler.
Donald Harwood, Architect for the project, appeared before
Council in support of the request.
The Vice-Mayor inquired if there were persons present who
would like to address Council with regard to the request. There being
none, Ordinance No. 34900 was adopted, on its first reading, by the
following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .......... .6.
NAYS: None ...................................................................... 0.
(Mayor Bowers was absent.)
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, June 19, 2000, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
Northwest Neighborhood Environmental Organization, Inc., to vacate,
discontinue and close certain portions of a public alley as the same
extends in a westerly direction from the easternmost property line of
Official Tax No. 2111914 to the right-of-way boundary of 10th
Street, N. W., the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and
in The Roanoke Tribune on Thursday, June 8, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that a
previous application to close and vacate a one-block section of Centre
Avenue, N. W., and a major portion of an adjacent alley was received,
reviewed and approved by the Planning Commission on February 22,
2000, and approved by Council on March 6, 2000; the petitioner made
numerous attempts to acquire the last remaining parcel in this block of
City lots, but was unsuccessful and did not initially request the closure
and vacation of this section of alley; however, the petitioner has now
acquired the property (Official Tax No. 2111914) and is requesting
closure and vacation of the remaining alley section; and the applicant
ACTION:
5O3
proposes to use this portion of alley right-of-way in conjunction with
the surrounding properties for the development of a residential care
facility for the elderly.
The City Planning Commission recommended that Council
approve the request, subject to the following conditions:
The applicant shall submit a subdivision plat to the Agent
of the Planning Commission, receive all approvals, and
record the same with the Clerk of the Circuit Court for the
City of Roanoke; the 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 in a manner consistent with law, and retain
appropriate easements for the installation and
maintenance of any and all existing utilities that may be
located within the right-of-way, including the right of
ingress and egress over same.
Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of
the proposed 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 any fees and charges
required by the Clerk for recordation.
Upon recording a certified copy of the proposed ordinance
with the Clerk of the Circuit Court of the City of Roanoke,
Virginia, the applicant shall file with the City Engineer, the
Clerk's receipt, verifying the recordation of such
ordinance.
If the above conditions have not been met within a period
of one year from the date of adoption of the proposed
ordinance effecting said closure and vacation, said
ordinance shall be null and void with no further action by
Council being necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
5O4
(#34901) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 250.)
The motion was seconded by Mr. White.
Donald Harwood, Architect for the project, appeared before
Council in support of the request.
The Vice-Mayor inquired if there were persons present who
would like to address Council with regard to the matter. There being
none, Ordinance No. 34901 was adopted, on its first reading, by the
following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................. 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Jeffrey R.
Martin that property located on the west side of Grandview
Avenue, N. W., Official Tax No. 2270223, be rezoned from C-1, Office
District, to RS-3, Residential Single Family District; and repealing
conditions approved by Ordinance No. 32701-102395 on said property,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and
in The Roanoke Tribune on Thursday, June 8, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that in 1995,
the prope;ty was rezoned from RS-3, Residential Single-Family, to C-1,
Office District, subject to the following proffered conditions: (1)
submittal of a site development plan, which called for construction of
a child day care facility; and (2) inclusion of a reversion clause, stating
5O5
that the property would revert to RS-3 zoning if the development did not
commence within three years (Ordinance No. 32701-102395, adopted
October 23, 1995); the petitioner at the time, Sonshine Christian
Education Ministries, failed to develop the property within the allotted
three years; in 1996, the Virginia Attorney General issued an opinion
invalidating the use of reversion clauses that result in the downzoning
of property; based on this opinion, the subject property has remained
C-1, even though Sonshine Ministries did not build its facility; Mr. Jeff
Martin, a local manufactured housing developer, is under contract to
purchase the property with plans to develop a ten lot residential
subdivision; and Mr. Martin requests that the property be rezoned from
C-1, Office District, to RS-3, Residential Single-Family District, subject
to certain conditions proffered by the petitioner.
The City Planning Commission recommended that Council
approve the request for rezoning from C-1 to RS-3, subject to certain
conditions proffered by the petitioner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
"AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City
of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976
Zone Map, City of Roanoke, in order to repeal certain conditions
presently binding upon certain property previously conditionally
rezoned from RS-3, Residential Single Family District, to C-1, Office
District; and to rezone certain property within the City, from C-1, Office
District, to RS-3, Residential Single Family District, subject to certain
conditions proffered by the applicant."
The motion was seconded by Mr. White.
Michael K. Smeltzer, Attorney, representing the petitioner,
advised that the property was zoned in 1995 from single family
residential to commercial and certain proffered conditions were
required to be met within three years, or the property would revert back
to single family. He requested that the property be returned to its
original z(~ning, Single Family Residential District, which will enable his
client to construct single family residences. He called attention to
meetings that were held with City staff and members of the Williamson
Road Action Forum in an effort to respond to questions and concerns.
506
Fredrick Williams, 3725 Sunrise Avenue, N. W., representing the
Neighborhood Development Committee of the Williamson Road Action
Forum (WRAF), advised that the Williamson Road Action Forum and the
neighborhood, in general, have concerns with regard to the proposed
development. He explained that WRAF did not oppose the proposed
rezoning outright when it came before the City Planning Commission
on May 17, 2000, because the organization was led to believe that the
attorney for the petitioner intended to proffer a more detailed site plan
than was submitted, which would address such matters as orientation
of the houses on the lots, variation in appearance of the houses as
seen from the street, including some variation in roof lines and not just
a catalogue of possible house styles, use of more brick on some of the
houses, a guarantee that no single style of house would be
predominant in the development, and a schedule for project
completion. Even if all of these ideas had been proffered, he stated that
WRAF would have had some concerns in regard to the traffic pattern
because Rutgers Avenue is not a through street and additional houses
on Grandview Avenue will contribute to further traffic congestion. He
added that WRAF is also concerned about the absence of public
sidewalks and believes that the City has as much of an obligation to
provide that infrastructure as does the petitioner. He noted that the
greatest concern is that this type of development is not sustainable and
WRAF does not understand how ten houses along Grandview Avenue
abutting the rear of Grandview Village Apartments will contribute to the
long term value of the neighborhood. He advised that WRAF
encourages potential developers to begin to develop a neighborhood
perspective on development and stop looking at houses and business
and commercial property as isolated objects, because they can change
and help to provide affordable housing in the City without threatening
to degrade surrounding property values. He stated that when middle
class and professional families believe that property is secure, they will
be more inclined to reside in neighborhoods of mixed income levels
and their presence will make it easier to create or maintain high
standards of civic amenities, such as walkable streets and access to
shops and recreation. He advised that the concerns of WRAF
pertaining to this development have nothing to do with the petitioner,
but with the fact that the concept is flawed. He called attention to the
City's Comprehensive Plan which states that neighborhood character
and environmental quality should be protected, possible changes in
land use or new development in or near residential areas should be
carefully evaluated and defined in order to conserve and enhance
neighborhood quality, and WRAF believes that the proposed
development fails that test. At the very least, he stated that the
Williamson Road Action Forum is asking that the issue be returned to
the City Planning Commission for further evaluation; however, a better
507
solution would be for the City to purchase the property for a mini park
or urban green space which would essentially validate the current use
of the property and provide a public amenity that would cause the
adjoining apartments, as well as the surrounding neighborhood, to
become a more pleasant place to live.
Council Members expressed concern with regard to the lack of
sidewalks, density in design, compatibility with current housing in the
neighborhood, the lack of space between houses, and increased traffic
congestion.
There was discussion with regard to referring the matter back to
the City Planning Commission to determine if a compromise could be
reached with the petitioner and the neighborhood; whereupon, the
petitioner declined to have the matter referred back to the City Planning
Commission. He advised that he could not continue to proceed without
some assurances that if he reaches a further compromise, the rezoning
will be approved; City staff advised that it was not necessary to rezone
the property, and based on their advice, he submitted four working
drawings totaling approximately $7,000.00, all with the understanding
that he could proceed with construction of the houses without
petitioning City Council for a rezoning of the property. He suggested
that the City consider reimbursing him for expenses already incurred
since City staff provided incorrect information.
The Vice-Mayor advised that certain relevant issues were raised
in regard to planning matters by both Mr. Martin and Mr. Williams in
connection with not only the rezoning of the property presently under
consideration but also questions that may be germane to future
situations; whereupon, he suggested that the City Manager review the
issues with the City Planning Department.
No other persons wishing to be heard, the ordinance rezoning
the property was lost by the following vote:
AYES: Vice-Mayor Harris .................................................... 1.
NAYS: Council Members Hudson, Swain, White, Wyatt and
Butler ......................................................................................... 5.
(Mayor Bowers was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon
508
ACTION:
thereafter as the matter may be heard, on the request of the City of
Roanoke with regard to the rezoning of certain property located in the
2000 and 2100 blocks of Laburnum Avenue, S. W., the 2000 block of
Maiden Lane, S. W., and the 2100 block of Westover Avenue, S. W.,
generally known as the Greater Raleigh Court area, from RM-1,
Residenti=l Multifamily, Low Density District, and RM-2, Residential
Multifamily, Medium Density District, to RS-3, Residential Single Family
District, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and
in The Roanoke Tribune on Thursday, June 8, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that in
January, 2000, the Planning Commission recommended approval of a
comprehensive rezoning of over 1,000 parcels of land in the Greater
Raleigh Court neighborhood, and Council approved the rezoning in
February; during the Planning Commission public hearing, several
citizens expressed a desire to have their properties included in the
rezoning; the initial rezoning recommendation by the Planning
Commission was based on stringent planning criteria which resulted
in the exclusion of these properties; and in response to citizens and the
Planning Commission, staff considered the above referenced four
areas as additions to the comprehensive rezoning.
The City Planning Commission recommended that Council
approve the rezoning petition.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain moved that the following ordinance be placed upon
its first reading:
(#34902) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 143, 144 and 145,
Sectional 1976 Zone Map, City of Roanoke, to rezone certain property
within the City.
(For full text of Ordinance, see Ordinance Book No. 63, page 252.)
The motion was seconded by Mr. Hudson.
509
The Vice-Mayor inquired if there were persons present who
would like to address Council with regard to the request.
Ms. Peg Dunbar, 2031 Laburnum Avenue, S. W., and Mr. Brian
Shelborne, 2032 Laburnum Avenue, S. W., spoke in support of the
proposed rezoning, which will increase property values in the area.
Mr. Jerry Tramil, 2146 Westover Avenue, S. W., referred to a
petition signed by residents of Westover Avenue, S. W., in support of
the rezoning.
Ms. Brenda McDaniel, 2037 Carter Road, S. W., Immediate Past
President of the Greater Raleigh Court Civic League, requested the
City's support in efforts to stop a destructive trend that has converted
many of the City's older homes into apartments and duplexes, and the
resulting deterioration that this kind of activity causes to older
neighborhoods. She advised that Council showed wisdom and
foresight in its previous rezoning of more than 1,100 properties in
Raleigh Court to a lower density zoning, the rezoning petition presently
before Council is a continuation of that process and the majority of
homeowners in the area want their section of the City to be afforded the
same protection that was extended to the other 1,100 Raleigh Court
property owners. She advised that approval of the rezoning will
preclude additional properties from being converted into duplexes or
apartments, the Raleigh Court Civic League appreciates Council's
consideration of the request, and urges approval of the petition for
rezoning.
Ms. Wyatt raised questions in regard to density pertaining to
overall rezoning issues, and asked that City staff review the matter prior
to adoption of the new Comprehensive Land Use Plan.
Ordinance No. 34902, on its first reading, was adopted by the
following vote:
AYES: Council Members Swain, White, Wyatt, Butler, Hudson
and Vice-Mayor Harris .................................................................... -6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was absent.)
MARY F. pARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va-us
November 27, 2000
File #51
STEPHANIE M. MOON
Deputy City Clerk
Mr. Richard L. Jones, Jr.
Jones and Jones Associates, Architects PC
6120 Peters Creek Road, N. W.
Roanoke, Virginia 24019
Dear Mr. Jones:
A public hearing on the request of Madison Health Care Center that approximately 10.384
acres of land located at 4415 Pheasant Ridge Road, S. W., identified as Official Tax No.
5460101, be rezoned from C-1, Office District, to LM, Light Manufacturing District, subject
to certain conditions proffered by the petitioner, was conducted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, November 20, 2000.
Pursuant to unanimous vote of the Council, the request for rezoning was denied.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Pheasant Ridge Wellness Center, 4415 Pheasant Ridge Road, S. W., Roanoke,
Virginia 24014
Donald and Melissa Fitzgerald, 4602 VanWinkle Road, S. W., Roanoke, Virginia
24014
Betty J. Miller, 4501 Narrows Lane, S. W., Roanoke, Virginia 24014
Pheasant Ridge Health Investors, 4415 Brambleton Avenue, S. W., Roanoke,
Virginia 24018
Gray Property 1101 LLC, P. O. Box 450233, Atlanta, Georgia 31145
Dennis R. Campbell, 3563 Brymoor Road, S. W., Roanoke, Virginia 24018
H:~genda.OO\November 20 correspondence.wpd
Mr.. Richard L. Jones, Jr.
November 27, 2000
Page 2
pc:
Ralph A. Campbell, 1809 Lawnhill Street, S. W., Roanoke, Virginia 24015
James R. Smith, President, Madison Health Care Center, LC, 4415 Pheasant Ridge
Road, S. W., Roanoke, Virginia 24014
Melvin L. Hill, Chairperson, City Planning Commission, 2545 Marr Street, N. W.,
#15F, Roanoke, Virginia 24012
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Philip'C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
H:Wgenda.00\November 20 correspondence.wpd
510
OTHER HEARINGS OF CITIZENS:
TRAFFIC-SIGNALS AND ALARMS: Mr. Chris Craft, 1501 East
Gate Avenue, N. E., addressed Council with regard to the need for a
traffic signal at the intersection of Hollins Road and Liberty Road, N. E.
It was the consensus of Council to refer the matter to the City
Manager for appropriate response.
TRAFFIC-CITY CODE-ZONING-BUILDINGS/BUILDING
DEPARTMENT: Mr. George Gunther, P. O. Box 12353, advised that the
City's procedure for removing inoperative motor vehicles is a good
process if it is directed toward the right persons. He stated that
citizens have rights in terms of what they purchase and what they
choose to store on their private property, and questioned the authority
of City Inspectors to remove vehicles from private property, even if the
vehicles are not properly licensed, because there could be a legitimate
reason why a citizen has not purchased a license for tile vehicle. He
advised that it was reported that over 4000 vehicles were removed from
private property, and suggested that those vehicles be donated to the
Automobile Mechanics Department at Virginia Western Community
College for educational purposes and repair. He suggested that the
City talk with citizens to determine if there are extenuating
circumstances that would prevent them from purchasing a license for
a vehicle and provide assistance, if necessary. He complained that the
five days allotted by the City for a citizen to pick up a certified letter
from the post office pertaining to an inoperative motor vehicle too
restrictive, and the overall procedure should be reviewed.
It was the consensus of Council to refer the matter to the City
Manager for appropriate response.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 8:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 27, 2000
File #51-200
Melvin L. Hill, Chairperson
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
I am enclosing copy of a communication from Edward A. Natt, Attorney, requesting an
amendment to the Zoning Ordinance, to revise certain language in the LM, Light
Manufacturing District, with regard to general service establishments, and to add similar
language as a permitted use in the HM, Heavy Manufacturing District, which
communication was before the Council of the City of Roanoke at a regular meeting on
Monday, November 20, 2000.
On motion, duly seconded and unanimously adopted, the matter was referred to the City
Planning Commission for study, report and recommendation to Council.
Sincerely,
Mary F. Parker, CMC
City Clerk
rvlFP:sm
HSAgenda.00\November 20 correspondence.wpd
Melvin L. Hill
November 27, 2000
Page 2
pc:
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, P. O. Box
20068, Roanoke, Virginia 24018-0007
Mr. Jim Edgell, 5506 Galloway Circle, S. W., Roanoke, Virginia 24018
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
J. Thomas Tasselli, Development Review Coordinator
Edward R. Tucker, City Planner
Stephanie M. Moon, Deputy City Clerk
H:~,Agenda.00\November 20 correspondence.wpd
CHARLES H. OSTERHOUDT
MICHAEL $. ?EI~GUSON
~'DWARD A. NATT
OSTE P,.HO U DT,
LAW OFFICES
FER. GUSON. NATT.
^ PI~OFF$SION^L COR, POR^TION
1919 ELECTR. IC R. OAD. SUITE I
P. O. BOX 20068
R. OANOKE. VI R. GINIA
~.01 ~-0007
November 7, 2000
AGEE
'~FJ
~ Ki DD
T~LIr I~H ONIr
The Honorable Mayor
and Members of City Council
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mayor and Members:
Over the last several months, I have discussed with members of the City's planning and
zoning staff an amendment of the City's Zoning Ordinance to revise language in the LM (24)
General Service Establishments district and to add similar language as a permitted use in the HM
Heavy Manufacturing district. The requested language would be as follows:
(24) General service establishments primarily engaged in the
repair or maintenance of goods or items, including automobiles,
trucks, construction equipment, and the provision of business and
personal services, provided all repair and maintenance activities are
wholly enclosed in a building and provided that the gross floor area
of all new buildings for such uses is not less than five thousand
(5,000) square feet.
I would appreciate your referring this matter to the planning staff and the Planning
Commission for its consideration and recommendation.
Respectfully submitted,
OSTERHOUDT, FERGUSON, NATT,
AGEE & KIDD, P.C.
Edward A. Natt
EAN/csb
pc: Mr. Jim Edgell
5506 Galloway Circle
Roanoke, VA 24018
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #15-110-304
Marian A. Vaughn-Howard
Youth Services Coordinator
Roanoke, Virginia
Dear Ms. Howard:
This is to advise you that Jenna Decker has qualified as a member of the Youth Services
Citizen Board for a term ending May 31,2003.
~)t~,~ ~ ~~Sincerely'
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Stephanie M. Moon, Deputy City Clerk
H:~Agenda.00\November 20 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jenna Decker, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Youth Services Citizen Board for a term ending May 31, 2003,
according to the best of my ability. So help me God.
Subscribed and sworn to before me this ~ day of ~ 2000.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #32-66
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of a communication from Mr. Frank G. Roupas, 1841 Warrington
Road, S. W., with regard to certain concerns in connection with the City Building
Department, which communication was before the Council of the City of Roanoke at a
regular meeting on Monday, November 20, 2000.
On motion, duly seconded and unanimously adopted, the matter was referred to the City
Manager for appropriate response.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Mr. Frank G. Roupas, 1841 Warrington Road, S. W., Roanoke, Virginia 24015
H:~,genda.00\November 20 correspondence.wpd
SERVING ALL 344-2114
OF VIRGINIA
Since 1956
1841 Warrington Road
ROANOKE, VA 24015
Monday, November 20, 2000
Mayor Smith & Members of Council
i have two complaints agalnst our Building Department which I
feel I must address. The last time I spoke to council was 30 years
ago and I do appreciate my aud!ence today. I hope it will be
another 30 years before I request a hearing again.
First -- Recently I called the Building Department to get
information about my rental property at 1018 Patterson Avenue. The
pezsonnel I spoke with could find no certificate, of record on my
property. I was told that I could receive up to a $2,500.00 fine
because I rented the apartment without an inspection. I was
shocked! I told the lady I had a 2 year certificate on the house
but she said she could find no such record. I told her, there is
a rental approval decal on the front door. It took tw=~o city
inspectors to go check the decal. One of the inspectors told my
tenant the decal had been tampered with and Mr. Roupas could face
up to a $2,500.00 fine for renting the apartment without approval.
Upon hearing this, my first thought was that $5,000.00 could
certainly be put to a better use. Facing a possible $5,000.00
fine, and without any proof in the public records, it took me 10
hours to find this certificate. At the time, I was having my home
painted inside and things were in somewhat of a disarray. Thank
PUT SOME FUN IN YOUR LIFE -- TRY DANCING
r-ox Trot, Waltz, ~%vlng, Rhuml:)a, Maml~o, Saml~, Tango, Cha-Cha, Merengue
LEARN TO DANCE IN YOUR HOME
SERVING ALL
OF VIRGINIA
Since 1956
1841 Warrington Road
ROANOKE, VA 24015
344-2114
goodness i located the certificate. This piece of paper I hold in
my hand, possibly saved me $5,000.00.
Secondly -- Recently one of my tenants fell on her kitchen
floor on some water, so she called the Building Department. Davey
Hatchett answered her complaint. My tenant told me quote "I asked
Mr. Hatchett who a good lawyer is in town so I could sue you and he
highly recommended Mr. Eric Branscome."
Members of Council and Mrs. Burcham, I do think you would
agree with me that a public official was there to make an
inspection of the property and not to refer my tenant to his best
friend, a former assistant prosecutor. This referenced person
tried me in zoning court for five separate cases without a
conviction. Was all of this part of a "witch hunt" against me?
Incidentally, that person later resigned from office.
I'm here today praying that Council will direct our fine City
Manager to check on my two complaints so no one else in my beloved
city will experience the anguish and concern I have been subjected
to.
Thank you very much.
Sincerely,
PUT SOME FUN IN YOUR LIFE -- TRY DANCING
Fox Trot, Waltz, Swing, Rhumba, Mambo. Saml:)a, Tango, Cha-Cha, Merengue
LEARN TO DANCE IN YOUR HOME
Since 1056 ~/~
Worrin ton Roo6 /f~~~~
- --';7 - ~
~~ ~~ ~
PUT SOME FUN IN YOUR LIFE -- TRY DANCING
Fox Trot, Waltz. Swing, Rhumba, Mambo, Samba, Tango, Cha-Cha, Merengue
LEARN TO DANCE IN YOUR HOME
SERVING ALL
OF VIRGINIA
Since 1956
1841 Warrington Road
ROANOKE, VA 24015
344-2114
~'- ~ '"~~ ~ ~~~ ~
PUT SOME FUN IN YOUR LIFE ~ TRY DANCING ~~
Fox Trot. Waltz, ~ng. Rhumb~. Mambo. Samba. Tango. Cha-Cha. ~erengue
L~RN TO DANCE IN YOUR HOME
SERVING ALL
OF VIRGINIA
Since 1956
344-2114
PUT SOME FUN IN YOUR LIFE -- TRY DANCING
Fox Trot. Waltz. Swing. Rhumba. Mambo. Samba. Tango. Cha-Cha. Merengue
LEARN TO DANCE IN YOUR HOME
Office of the City Manager
November 17, 2000
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ralph K. Smith, Mayor
William H. Carder, Vice Mayor
William D. Bestpitch
W. Alvin Hudson
C. Nelson Harris
William White, Sr.
Linda F. Wyatt
Dear Mayor Smith and Members of City Council:
Subject: Comments by Mr. Frank Roupas
Mr. Frank Roupas has requested time to speak to Council on Monday, November 20,
about housing inspections and one inspector specifically. I believe Mr. Roupas' request
regards a property he owns at 1429 Campbell Avenue SW. The following background
information may be beneficial to you as you hear Mr. Roupas' comments.
This building is a duplex, with the downstairs unit rented and the upstairs unit condemned
for occupancy. In August, the downstairs residents reported several concerns, including
water leaking from the upstairs. Reportedly one of the tenants had slipped in the water
and been injured. An inspector investigated and issued a notice to Mr. Roupas to make
needed repairs, including to the roof to stop the leak.
The tenants asked the inspector if there was any legal recourse. The inspector
appropriately replied that he could not answer that question, that it was a legal matter to
be answered by an attorney. The tenants asked for a name. As the practice had been
with such requests for sources of help, the inspector declined to give one specific reference
but provided a group of five names to the residents, including the Legal Aid Society. My
understanding is that the tenants did contact one of the attorneys and instituted legal
actions against Mr. Roupas.
Although this practice was performed in the interest of customer service, I have concluded
that it is not appropriate for City staff to identify any resources to citizens as possible
sources of services, as such suggestions may be interpreted as an endorsement by the
City. Accordingly, I am issuing a notice to all City departments to not provide any names
of service providers.
Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www, ci,roanoke.va.us
In addition, please know that the inspector involved with this project has been counseled
regarding this matter and that both Mrs. Evelyn Lander and I have discussed this with Mr.
Roupas.
I hope this information is helpful to you in this matter.
City Manager
DLB/hdp
cc: George C. Snead, Jr., Assistant City Manager for Community Development
Evelyn S. Lander, Director, Planning and Code Enforcement
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
· November 27, 2000
File #60-467
Melinda J. Payne, Chairperson
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
I am enclosing copy of Ordinance No. 35137-112000 amending and reordaining certain
sections of the 2000-2001 General, School and School Capital Projects Funds
Appropriations, providing for appropriation of funds for the following: $184,542.00-
2000-01 Capital Maintenance and Equipment Replacement Funds; $625,000.00
additional 1999 Bond Funds for architectural, engineering, survey, and soil analysis fees
for the new Roanoke Academy for Mathematics and Science facility; $18,000.00 -
Educational Training Program atthe Blue Ridge Technical Academy; $17,524.00 - Flowers
for Education Program (horticulture curriculum) at William Fleming and Patrick Henry High
Schools; $6,797.00 - Special Education Interpreter Training Program; $1,699.00 - Personal
computer for the Parent Resource Center; and $125,000.00 - Middle School Learning
Center Pilot Program. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting Which was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
H:~Agenda.00\November 20 correspondence.wpd
Melinda J. Payne
November 27, 2000
Page 2
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy R. Lee, Clerk, Roanoke City School Board
H:~genda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35137-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
General, School and School Capital Projects Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 General, School and School Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as follows,
in part:
General Fund
Appropriations
Nondepartmental $ 65,318,614
Transfers to Other Funds (1) .................................. 65,098,862
Fund Balance
Reserved for CMERP - Schools (2) ............................. $ 894,977
School Fund
Appropriations
Education $135,988,549
Instruction (3-6) ............................................ 73,966,341
Operation/Maintenance of Plant (7-8) ........................... 10,359,816
Facilities (9-17) ............................................ 2,135,298
Parent Resource Center Equipment 2000-01 (18) ................. $
Flowers for Education 2000-01 (19-21) ..........................
Special Education Interpreter Training 2000-01 (22-26) .............
Blue Ridge Technical Academy 1999-2000 (27) ...................
Revenues
Education
Parent Resource Center Equipment 2000-01 (28) .................
Flowers for Education 2000-01 (29) ............................
Special Education Interpreter Training 2000-01 (30) ...............
Blue Ridge Technical Academy 1999-2000 (31) ...................
Nonoperating (32) ..........................................
1,699
17,524
6,797
168,000
$134,327,614
1,699
17,524
6,797
168,000
45,459,146
School Capital Projects Fund
Appropriations
Education
Roanoke Academy for Math and Science Improvements (33) ........
Public Improvement Bonds - Series 1999 (34) ....................
38,111,958
8O9,450
1,301,271
1 ) Transfer to
School Fund
2) Reserved for
CMERP - Schools
3) Compensation of
Teachers
4) Social Security
5) Compensation of
Librarians
6) Social Security
7) Compensation of
Food Service
8) Social Security
9) Books and
Subscriptions
10) Replacement -
Machinery and
Equipment
11 ) Additions - Machinery
and Equipment
(001-250-9310-9530)
(001-3324)
( 030-060-6001-6102 -0121 )
(030-060-6001-6102-0201 )
(030-060-6001-6318-0122)
(030-060-6001-6318-0201 )
(030-060-6004-6685-0194)
(030-060-6004-6685-0201 )
(030-060-6006-6100-0613)
(030-060-6006-6100-0801 )
(030-060-6006-6109-0821 )
$ 309,542
(184,542)
38,706
2,961
38,706
2,961
38,705
2,961
4,320
35,803
15,389
12) Additions - Machinery
and Equipment
13) Buildings
14) Replacement - Other
Capital Outlay
15) Additions - Other
Capital Outlay
16) Additions - Other
Capital Outlay
17) Building
18) Additions - Machinery
and Equipment
19) Purchased Services
20) Educational and
Recreational
Supplies
21 ) Additions - Machinery
and Equipment
22) Supplements
23) FICA
24) Professional Health
' Services
25) Tuition - Private
Schools
26) Education and
Recreational
Services
27) Supplements
28) Federal Grant
Receipts
29) Federal Grant
Receipts
30) Federal Grant
Receipts
31) State Grant
Receipts
32) Transfer from
General Fund
33) Appropriated from
1999 Bonds
34) Schools
(030-060-6006-6681-0821 )
(030-060-6006-6681-0851 )
(030-060-6006-6896-0809)
(030-060-6006-6896-0829)
(030-060-6006-6896-0829)
(030-060-6006-6896-0851 )
(030-060-6566-6553-0821 )
(030-060-6567.-6129-0381)
(030-060-6567-6129-0614)
(030-060-6567-6129-0821 )
(030-060-6568-6174-0129)
(030-060-6568-6174-0201 )
(030-060-6568-6174-0311 )
(030-060-6568-6174-0312)
(030-060-6568-6174-0614)
(030-060-6809-6100-0129)
(030-060-6566-1102)
( 030-060-6567-1102)
(030-060-6568-1102)
(030-060-6809-1100)
(030-060-6000-1037)
(031-060-6058-6896-9001 )
(031-060-9709-9182)
$ 17,895
5,854
1,100
10,213
27,128
66,840
1,699
4,807
3,555
9,162
360
28
4,150
1,927
332
18,000
1,699
17,524
6,797
18,000
309,542
625,000
(625,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
JAMES D. GRISSO
Director of Finance
November 20, 2000
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ralph K. Smith, Mayor
William H. Carder, Vice Mayor
William D. Bestpitch, Council Member
C. Nelson Harris, Council Member
W. Alvin Hudson, Council Member
William White, Sr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board.
This report will appropriate the following:
$184,542.00 from 2000-01 Capital Maintenance and Equipment Replacement Funds
to fund textbook adoptions, records storage, music instrument replacement, facility
maintenance equipment, modular buildings, roof replacement, handicap access,
Magnet School improvements, and elementary school improvements.
$625,000.00 to provide additional 1999 Bond Funds for architectural, engineering,
survey, and soil analysis fees for the new Roanoke Academy for Mathematics and
Science facility.
$18,000.00 to provide for an educational training program at the Blue Ridge
Technical Academy for high school students at risk of academic failure and dropping
out of school. The State funds have been received for curriculum development and
planning needs. This is a continuing grant program.
$17,524.00 for the Flowers for Education program (horticulture curriculum) at
William Fleming and Patrick Henry High Schools. The program will provide students
with disabilities opportunities for competitive employment. This continuing program
will be reimbursed one hundred percent by federal funds.
$6,797.00 for the Special Education Interpreter Training program to provide for the
development of training curriculum for the hearing impaired. This continuing program
will be reimbursed one hundred percent by federal funds.
Members of Council
November 20, 2000
Page 2
$1,699.00 for the purchase of a personal computer for the Parent Resource Center.
This new program will be reimbursed one hundred percent by federal funds.
$125,000.00 for the Middle School Learning Center Pilot program.
program is funded by both City and Schools for FY2000-01.
This joint
We recommend that you concur with this request of the School Board.
~irector of Finan'c~
JDG/JSY/pac
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
l Melinda J. Payne, Chairman Marsha W. Ellison
Sherman P. Lea, Vice Chairman Gloria P. Manns
Charles W. Day Ruth C. Willson~ '~' CindY H. Lee, Clerk of the Board
City School Boord P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
Brian J. Wishneff
~ i!.. Ei-.~yne Harris, Ed.D., Superintendent
November 14, 2000
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council'
The School Board at its November 13 meeting voted to request the
Roanoke City Council to appropriate the following funds:
$184,542.00 from 2000-01 Capital Maintenance and Equipment
Replacement Funds to fund textbook adoptions, records storage, music
instrument replacement, facility maintenance equipment, modular buildings,
roof replacement, handicap access, Magnet School improvements, and
elementary school improvements.
$625,000.00 to provide additional 1999 Bond Funds for architectural,
engineering, survey, and soil analysis fees for the new Roanoke Academy for
Mathematics and Science facility.
$18,000.00 to provide for an educational training program at the Blue
Ridge Technical Academy for high school students at risk of academic failure
and dropping out of school. The State funds have been received for
curriculum development and planning needs. This is a continuing grant
program.
$17,524.00 for the Flowers for Education program (horticulture
curriculum) at William Fleming and Patrick Henry High Schools. The program
will provide students with disabilities opportunities for competitive
employment. This continuing program will be reimbursed one hundred
percent by federal funds.
$6,797.00 for the Special Education ]:nterpreter Training program to
provide for the development of training curriculum for the hearing impaired.
This continuing program will be reimbursed one hundred percent by federal
funds.
Preparing Students for Success
Members of Council
Page 2
November 14, 2000
$1,699.00 for the purchase of a personal computer for the Parent
Resource Center. This new program will be reimbursed one hundred percent
by federal funds.
$125,000.00 for the Middle School Learning Center Pilot program. This
joint program is funded by both City and Schools for FY2000-01.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Lee, Clerk
re
CC:
Ms. Melinda J. Payne
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs, Darlene L, Burcham
Mr, William M. Hackworth
Mr. James D. Grisso
Mrs. Ann H. Shawver
(with accounting details)
Roanoke
City Public Schools '00 ;:6
Public information Office · P.O. Box 15146, Roanoke, Virginia 24031
Telephone: (,540) 8,53-2816 · Fax: (`540) 8,53-28 ] 7
P 2:03
October 18, 2000
Mrs. Mary Parker
Clerk to City Council
City Municipal Building
215 Church Avenue
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and
highlights with C!ty Council. The Superintendent requests that a presentation on the Roanoke Valley Governor's
School, no longe~: than 15 minutes in length, be included as an agenda item for the 3:00 p.m. session of the City
Council meeting on Monday, November 20, 2000.
Dr. Harris, along with representatives, will present an overview of the school and highlight special features of
their program.
We look forward to this sharing opportunity with Council. If I may answer any additional questions,
please don't hesitate to call (2816).
/sd
Sincerely,
Lissy Runyon-Merenda
Supervisor, School/Community Relations,
Marketing and Parmerships
Darlene L. Burcham
Dr. E. Wayne Harris
Dr. Richard Shelly
Excellence in Education
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: First Street Pedestrian Bridge
Please reserve space on your agenda for a fifteen minute briefing regarding the
above subject.
Respectfully submitted,
Darlen~~
City Manager
DLB/PCS/bls
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #60-184-501
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35139-112000 authorizing execution of a contract
and related documents with Trigon Blue Cross Blue Shield, to provide for a Comprehensive
Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and
members of their families, for a one year term beginning January 1,2001, with an option
to renew clause for two additional one year terms contingent upon rate adjustments and
availability of funds. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, November 20, 2000.
Council Member White requested that funding for retiree health insurance benefits be
referred to 2001-02 budget study.
Council Member Wyatt requested a report within 90 days on stress-related illnesses and
treatment of City employees compared with the same types of illnesses and treatment one
year ago.
Council Member Hudson requested information on the types of coverage to be included
under the third tier of services provided by Trigon Blue Cross Blue Shield.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
HSAgenda.00\November 20 correspondence.wpd
Darlene L. Burcham
November 27, 2000
Page 2
pc:
James D. Grisso, Director of Finance
Kenneth S. Cronin, Director, Department of Human Resources
Barry L. Key, Director, Department of Management and Budget
H:~Agenda.00\November 20 correspondence.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35139-112000.
A RESOLUTION authorizing the execution of a contract and related documents with Trigon
Blue Cross Blue Shield to provide for a Comprehensive Health Plan and a Point of Service Health
Plan for subscribers and retirees of the City and members of their families, for one year beginning
January 1,2001, with an option to renew clause for two additional one year terms contingent upon
rate adjustments and availability of funds.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, a contract with Trigon Blue Cross Blue Shield, for a
Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the
City and members of their families for a term of one year beginning January 1, 2001, and ending
December 31, 2001, with the City's right to renew the contract on acceptable terms and conditions
for two additional one-year terms, and any other necessary and appropriate documents setting forth
the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms
negotiated by and between the City and Trigon Blue Cross Blue Shield and described in a report to
Council dated November 20, 2000.
2. The contract shall be delivered, if possible, to the City not later than December 15,
2000, fully executed by Trigon Blue Cross Blue Shield and ready for execution by the City. Such
contract and any other necessary and appropriate documents shall be in form approved by the City
Attorney.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #60-184-501
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35138-112000 amending and reordaining certain
sections of the 2000-2001 General Fund Appropriations, providing for appropriation of
funds, in connection with a Comprehensive Health Plan and a Point of Service Health Plan
for City employees, for one year beginning January 1, 2001. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attach ment
pc:
Darlene L. Burcham, City Manager
Kenneth S. Cronin, Director, Department of Human Resources
Barry L. Key, Director, Department of Management and Budget
HSAgenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35138-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
General Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
AoDropriations
General Fund (1-127) ......................................... $187,639,065
1) FICA (001-110-1234-1120) $ (1,101)
2) Medical Insurance (001-110-1234-1125) 5,695
3) FICA (001-120-2111-1120) (1,819)
4) Medical Insurance (001-120-2111-1125) 7,889
5) FICA (001-125-2110-1120) ( 638)
6) Medical Insurance (001-125-2110-1125) 2,378
7) FICA (001-130-1233-1120) ( 1,232)
8) Medical Insurance (001-130-1233-1125) 6,445
9) FICA (001-140-2140-1120) (3,181)
10) Medical Insurance (001-140-2140-1125) 12,333
11) FICA (001-140-3310-1120) (13,662)
12) Medical Insurance (001-140-3310-1125) 67,782
13) FICA (001-150-2210-1120) (1,912)
14) Medical Insurance (001-150-2210-1125) 7,387
15) FICA (001-150-2211-1120) ( 91)
16) Medical Insurance (001-150-2211-1125) 501
17) FICA (001-200-1110-1120) ( 235)
18) Medical Insurance (001-200-1110-1125) 1,440
19) FICA (001-210-1220-1120) (1,112)
20) Medical Insurance (001-210-1220-1125) 3,506
21) FICA (001-220-1120-1120) ( 592)
22) Medical Insurance (001-220-1120-1125) 2,691
23) FICA
24) Medical Insurance
25) FICA
26) FICA
27) Medical Insurance
28) FICA
29) Medical Insurance
30) FICA
31 ) Medical Insurance
32) Medical Insurance
33) FICA
34) Medical Insurance
35) FICA
36) Medical Insurance
37) FICA
38) Medical Insurance
39) FICA
40) Medical Insurance
41 ) FICA
42) Medical Insurance
43) FiCa
44) Medical Insurance
45) FICA
46) Medical Insurance
47) FICA
48) Medical Insurance
49) FICA
50) Medical Insurance
51 ) FICA
52) Medical Insurance
53) FICA
54) Medical Insurance
55) FICA
56) Medical Insurance
57) FICA
58) Medical Insurance
59) FICA
60) Medical Insurance
61 ) FICA
62) Medical Insurance
63) FICA
64) Medical Insurance
65) FICA
66) Medical Insurance
67) FICA
(001-230-1235-1120)
(001-230-1235-1125)
(001-230-1236-1120)
(001-240-1240-1120)
(001-240-1240-1125)
(001-250-1231-1120)
(001-250-1231-1125)
(001-250-1232-1120)
(001-250-1232-1125)
(001-250-9110-1125)
(001-260-1310-1120)
(001-260-1310-1125)
(001-300-1211-1120)
(001-300-1211-1125)
(001-310-3520-1120)
(001-310-3520-1125)
(001-310-8120-1120)
(001-310-8120-1125)
(001-410-1212-1120)
(001-410-1212-1125)
(001-410-1213-1120)
(001-410-1213-1125)
(001-420-1261-1120)
(001-420-1261-1125)
(001-420-1263-1120)
(001-420-1263-1125)
(001-430-4130-1120)
(001-430-4130-1125)
(001-430-4170-1120)
(001-430-4170-1125)
(001-440-1237-1120)
(001-440-1237-1125)
(001-440-1260-1120)
(001-440-1260-1125)
(001-440-4220-1120)
(001-440-4220-1125)
(001-440-4330-1120)
(001-440-4330-1125)
(001-520-3211-1120)
(001-520-3211-1125)
(001-520-3212-1120)
(001-520-3212-1125)
(001-520-3213-1120)
(001-520-3213-1125)
(001-520-3214-1120)
$(1,339)
5,759
( 45)
( 764)
3,254
(2,116)
8,825
(1,442)
8,324
(552,497)
( 354)
939
(1,799)
4,820
( 202)
501
( 706)
1,690
( 796)
3,381
( 249)
1,752
(1,147)
4,568
( 356)
939
(2,721)
15,900
( 367)
1,941
( 428)
2,441
( 139)
501
(1,586)
12,581
(2,812)
15,336
(1,028)
3,066
(1,212)
4,382
(18,690)
90,939
(1,311)
68) Medical Insurance
69) FICA
70) Medical Insurance
71) FICA
72) Medical Insurance
73) FiCA
74) Medical Insurance
75) FICA
76) FICA
77) Medical Insurance
78) FICA
79) Medical Insurance
8O) FICA
81 ) Medical Insurance
82) FICA
83) Medical Insurance
84) FICA
85) FICA
86) Medical Insurance
87) FICA
88) Medical Insurance
89) FICA
90) Medical Insurance
91) FICA
92) Medical Insurance
93) FICA
94) Medical Insurance
95) FICA
96) Medical Insurance
97) FICA
98) Medical Insurance
99) FICA
100) Medical Insurance
101 ) FICA
102) Medical Insurance
103) FICA
104) Medical Insurance
105) FICA
106) Medical Insurance
107) FICA
108) FICA
109) Medical Insurance
110) FICA
111 ) Medical Insurance
112) FICA
(001-520-3214-1125)
(001-520-3521-1120)
(001-520-3521-1125)
(001-530-1280-1120)
(001-530-1280-1125)
(001-530-4110-1120)
(001-530-4110-1125)
(001-530-4140-1120)
(001-530-4160-1120)
(001-530-4160-1125)
(001-530-4210-1120)
(001-530-4210-1125)
(001-530-4211-1120)
(001-530-4211-1125)
(001-530-4310-1120)
(001-530-4310-1125)
(001-550-7410-1120)
(001-560-3410-1120)
(001-560-3410-1125)
(001-610-8110-1120)
(001-610-8110-1125)
(001-620-4340-1120)
(001-620-4340-1125)
(001-620-7110-1120)
(001-620-7110-1125)
(001-630-1270-1120)
(001-630-1270-1125)
(001-630-5311-1120)
(001-630-5311-1125)
(001-630-5313-1120)
(001-630-5313-1125)
(001-630-5314-1120)
(001-630-5314-1125)
(001-630-5316-1120)
(001-630-5316-1125)
(001-630-5317-1120)
(001-630-5317-1125)
(001-630-5318-1120)
(001-630-5318-1125)
(001-630-8170-1120)
(001-631-3330-1120)
(001-631-3330-1125)
(001-631-3350-1120)
(001-631-3350-1125)
(001-631-3360-1120)
$ 6,385
(3,098)
13,393
( 282)
437
(3,484)
23,472
( 158)
(1,696)
11,518
(2,990)
23,161
( 704)
5,195
(2,149)
8,011
( 51)
(1,095)
5,759
(2,230)
10,516
(5,182)
29,603
(2,935)
9,200
( 133)
501
(1,392)
10,389
(5,563)
35,740
(5,565)
32,358
(1,374)
7,387
( 160)
5Ol
( 240)
1,314
( 36)
( 347)
1,440
( 863)
4,255
( 744)
113) Medical Insurance (001-631-3360-1125) $ 2,316
114) FICA (001-640-3111-1120) ( 646)
115) Medical Insurance (001-640-3111-1125) 1,877
116) FICA (001-640-3112-1120) (4,169)
117) Medical Insurance (001-640-3112-1125) 20,783
118) FICA (001-640-3313-1120) (16,052)
119) Medical Insurance (001-640-3313-1125) 74,413
120) FICA (001-640-3314-1120) ( 3,067)
121) Medical Insurance (001-640-3314-1125) 17,151
122) FICA (001-640-3115-1120) (781)
123) Medical Insurance (001-640-3115-1125) 3,692
124) FICA (001-640-3530-1120) (513)
125) Medical Insurance (001-640-3530-1125) 3,443
126) FICA (001-650-7310-1120) (3,117)
127) Medical Insurance (001-650-7310-1125) 16,401
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Renewal of Health Insurance Contract
Background:
The present Health Insurance contract with Trigon Blue Cross Blue Shield expires
December 31, 2000. Premiums for health insurance did not change during 1998 and
1999 but increased 10 percent for calendar year 2000. The Roanoke Valley
Consortium, which includes the City of Roanoke, City of Roanoke Schools, County of
Roanoke, County of Roanoke Schools, Roanoke Regional Airport Commission,
Roanoke Redevelopment and Housing Authority, City of Salem, City of Salem Schools
and the Town of ¥inton, received proposals for joint health care purchasing. None of
the members have chosen to contract with any of the vendors that made proposals
based on the lack of equal availability to both the Carilion and Lewis Gale networks.
Trigon also submitted a renewal of the City's current health care contract as part of the
Consortium process. Under the renewal, premiums will increase 54 percent with some
benefit design changes (see Attachment 1). Without these benefit changes the rate
increase would be 63 percent. Retiree rates are the same as those for employees and
the comprehensive plan design for retirees is unchanged. The City of Roanoke has a
Health Insurance Rate Stabilization Fund that has accumulated during times when
premiums collected have exceeded claims paid. The balance available in this fund is
$4,963,32O.
Considerations:
Clearly we are faced with significant increases in health insurance costs. There are
basically two ways to manage such increases, change benefit design and/or increase
funding. As mentioned above, we can change benefit design and lower the rate
increase somewhat. Certainly we can also increase the City's funding of this benefit and
lower the rate impact to employees. Fortunately our wisdom in establishing the
stabilization fund offers us a method to increase the City's participation by utilizing the
fund to do what it was intended to do, stabilize rates. Withdrawals totaling $1,700,000
during C¥2001 would result in rate increases of approximately 20 percent to
Renewal of Health Insurance Contract
Page 2
employees. Withdrawals over the next two years would be used to subsidize rates.
Based on current enrollment the cost for this contract is $8,993,006 for CY2001.
Recommended Action:
Council approve the award of a contract for health insurance to Trigon Blue Cross Blue
Shield for the period of one year beginning January 1, 2001 and ending December 31,
2001 with an option to renew for two additional one year terms contingent upon rate
adjustments and the availability of funds.
TOTAL PREMIUM
CURRENT 2001 CURRENT 2001
COMP. RATE COMP. RATE P.O.S. RATE P.O.S. RATE
Employee $194.98 $286.20 $160.90 $265.04
Emp/Child 280.98 412.13 231.88 381.66
Family 456.82 669.71 377.06 620.18
EMPLOYEE COST
CURRENT 2001 CURRENT 2001
COMP. RATE COMP. RATE P.O.S. RATE P.O.S. RATE
Employee $ 19.98 $ 30.65 $ 7.90 $ 9.48
Emp/Child 105.98 127.18 78.88 94.66
Family 281.82 338.18 224.06 268.87
The attached budget ordinance allocates the funding provided in the adopted FY2001
budget for anticipated rate increase.
Respectfully submitted,
City Manager
CC;
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 22, 2000
File #544
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00~agenda\Nov\November 20 correspondence.wpd
Darlene L. Burcham
November 22, 2000
Page 2
pc~
Mr. Brent Riley, 5280 Wade Road, S. W., Roanoke, Virginia 24018
Mr. Victor Layman, 5800 Enchanted Lane, S. W., Roanoke, Virginia 24014
Mr. Bill Modica, 2525 Brandon Avenue, S. W., Roanoke, Virginia 24015
Mr. Albert A. Martin, 5985 Coleman Road, S. W., Roanoke, Virginia 24018
Mr. Thomas Gustafson, 4269 Harborwood Road, Salem, Virginia 24153
James D. Grisso, Director of Finance
Robert K. Bengtson, Director of Public Works
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
51ARY F. PARKER. CMC
City. Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church ~,venue. S.W.. Room 456
Roanoke. Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerLT~ci.roanoke,va.us
STEPHANIE 51. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable Robert W. Goodlatte, Congressman
United States House of Representatives
10 Franklin Road, S. E., Suite 540
Roanoke, Virginia 24011
Dear Congressman Goodlatte:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00~agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. Virginia 24011-1536
Telephone: {540) 853-2541
Fax: {540) 853-1145
E-mail: clcrkr~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
P. O. Box 990
Roanoke, Virginia 24005
Dear Delegate Woodrum:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER, CMC
CiW Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540t 853-2541
Fax: (540) 853-1145
E-mail: clerk~'ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
Dear Delegate Thomas:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Axenue. S.W.. Room 456
Roanoke. Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: 15401 853-1145
E-mail: clcrk,,~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006-1179
Dear Senator Edwards:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011-1536
lelephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk ,~ci roanoke.vaus
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable Charles S. Robb, Senator
United States Senate
BB&T Bank Building, Suite 102
310 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Senator Robb:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
lclephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk:¢ci.roanoke.va.us
STEPHANIE M. MOON
Deputy. City Clerk
November 21,2000
File #544
The Honorable John W. Warner, Senator
United States Senate
1003 First Union Bank Building
213 S. Jefferson Street
Roanoke, Virginia 24011
Dear Senator Warner:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
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MARY F. PARKER. CMC
Cid' Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~L, ci.roanoke.va.us
STEPHANIE M. MOON
Deput~ Cit5 Clerk
November 21, 2000
File #544
The Honorable Mary W. Biggs, Chair
Montgomery County Board of Supervisors
701 Hutcheson Drive
Blacksburg, Virginia 24060
Dear Ms. Biggs:
I am enclosing copy of Resolution No. 35140-112000 encOuraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
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MARY F. PARKER, CMC
City. Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virginia 24{)1 I-I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk',~ci.roanoke.va us
STEPHANIE M. MOON
Deputy City Clerk
November 21, 2000
File #544
The Honorable Carl E. Tarpley, Jr., Mayor
City of Salem
P. O. Box 869
Salem, Virginia 24153-0869
Dear Mayor Tarpley:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
MFP:sm
Sincerely,
Mary F. Parker, CMC
City Clerk
N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-ll45
E-mail: clerkr~,~ci.roanokc.va, us
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
Bradley L. Swanson, Vice-President
Land, Legal and Government Affairs
Virginia Gas Pipeline Company
P. O. Box 2407
Abingdon, Virginia 24212
Dear Mr. Swanson:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
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N:\CKVC\council00~agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER, CMC
City. Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A~enue. S.W.. Room 456
Roanoke. Virginia 24011-1536
'[elephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~,z ci.roanoke.va.us
STEPItANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
Hullihen Williams Moore, Chairperson
Virginia State Corporation Commission
P. O. Box 1197
Richmond, Virginia 23218
Dear Mr. Moore:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
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N:\CKVC\council00\agenda\Nov\November 20 correspondence.wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W~. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-254I
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 21,2000
File #544
The Honorable Joseph P. McNamara, Chair
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Mr. McNamara:
I am enclosing copy of Resolution No. 35140-112000 encouraging Virginia Gas Pipeline
Company to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have Virginia Gas
Pipeline seek cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 20, 2000.
Sincerely,
Mary F. Parker, CMO
City Clerk
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N:\CKVC\council00Xagenda\Nov\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20t:h day of November, 2000.
I%. 35160-112000.
A RESOLUTION encouraging Virginia Gas Pipeline Company (VGPC) to hold a public
hearing on the proposed route of the gas pipeline that it anticipates building in the City of Roanoke and
surrounding area; to have VGPC seek the cooperation of other utilities and co-locate the proposed gas
pipeline within existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the proposed gas
pipeline will be located.
WHEREAS, VGPC has announced plans to build a gas pipeline through Southwestern
Virginia, which will include parts of the City of Roanoke and Roanoke County; and
WHEREAS, some of the citizens of Roanoke City and the surrounding area have expressed
concerns over the proposed route of the gas pipeline; and
WHEREAS, both Roanoke County and the City of Roanoke have requested the State
Corporation Commission to provide for a public hearing on the proposed route of the gas pipeline; and
WHEREAS, Roanoke City Council believes it would be in the best interest of the citizens of
the City of Roanoke and the surrounding area, as well as in the best interest of VGPC, for VGPC to
hold a public hearing on the proposed route o£the gas pipeline and receive citizen input and comment
prior to a final decision being made on the route of the gas pipeline and, further, that VGPC should
seek the cooperation of other utilities in trying to co-locate the proposed gas pipeline within an
exisiting gas or other utility easement, and address the environmental impacts and safety concerns that
any of the citizens or residents of the area may have concerning the proposed route of the gas pipeline.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council of the City of Roanoke respectfully urges and requests that Virginia Gas
Pipeline Company hold a public hearing in Roanoke City on the proposed route of the gas pipeline and
receive citizen input and comment on that route.
2. That VGPC seek the cooperation of other utilities in order to co-locate the proposed
gas pipeline within an existing gas or other utility easement where appropriate.
3. That VGPC address at the public hearing the environmental impacts and safety
concerns that the proposed route of the gas pipeline would have on the area where it will be located
and the surrounding areas and the citizens and residents of those areas.
4. That the City Clerk transmit copies of this Resolution to the Virginia Gas Pipeline
Company, the Virginia State Corporation Commission, the Virginia General Assembly Delegates and
Senators representing the City of Roanoke, and the governing bodies of Roanoke County, City of
Salem, Franklin County, and Montgomery County.
ATTEST,
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000 ''
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Virginia Gas Pipeline
Background:
At City Council's November 6, 2000 meeting, several persons addressed Council with regard to
the location of the proposed Virginia Gas Pipeline Project. Council subsequently requested that
a letter be forwarded to the State Corporation Commission (SCC) asking that a public hearing
concerning this matter be held in the Roanoke area. The resolution attached to this report has
been prepared which encourages Virginia Gas Pipeline Company (VGPC) to hold such a public
hearing, and further requests VGPC to seek the cooperation of other utility companies by
collocating the proposed pipeline within existing utility easements where appropriate.
Considerations:
As previously suggested by Council, representatives from VGPC met with Roanoke residents
at a meeting of the Garden City Civic League on October 5, 2000, to discuss the proposed gas
transmission line planned for that area. VGPC shared preliminary plans for its 8 inch natural gas
transmission pipeline with the 20 persons in attendance. The pipeline that extends into this
portion of Roanoke is approximately 3.5 miles in length from the city limits to Riverland Road,
S.E. It extends off of the 123 mile pipeline extension that begins in Saltville, Virginia and
continues through the New River Valley into Roanoke and Franklin Counties. The extension into
the City of Roanoke would cross several public rights-of-way and parcels of City owned property,
covering half of the pipeline's distance in the City. The remaining half could affect approximately
50 parcels of private property in the City.
Recommendation:
City Council adopt the attached resolution and send it to the VGPC, the SCC and others, as
described in the resolution.
C:
City Clerk
City Attorney
Director of Finance
Director of Public Works
Respectfully submitted,
#00-195
Misc. 1/16/01 - Council/City Manager/City Attorney/Director of Finance
JQHN WARNER,
VIRGINIA
COMMITTEES:
ARMED SERVICES, CHAIRMAN
ENVIRONMENT AND PUBLIC WORKS
RULES AND ADMINISTRATION
nitetl
225 RUSSELL SENATE OFF~CE SUILDING ~ ~
WASHINGTON, DC 20510-4601 · ! '~'~
(202) 224-2023
senator@wa rner.senate.gov
www senate,gov/~warner/
CONSTITUENT SERVICE OFFICES
4900 WORLD TRADE CENTER MAIN STREET CENTRE II
101 WEST MAIN STREET 600 EAST MAIN STREET
NORFOLK, VA 23510-1690 RICHMOND, VA 23219-3538
(757) 441-3079 1804} 771 2579
235 FEDERAL BUILDING
P.O. BOX 887
ABINGDON, VA 24212 0887
t540) 628-8188
1003 FIRST UNION BANK BUILDING
213 SOUTH JEFFERSON STREET
ROANOKE, VA 24011 1714
(540) 857-2676
January 5, 2001
Ms. Mary F. Parker
City Clerk
City of Roanoke
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Dear Ms. Parker:
Attached is a letter which I have received from the State
Corporation Commission in response to the inquiry which I made on
your behalf.
I hope the information provided is helpful to you.
If I may be of assistance in any other matter, please let me
know.
With kind regards, I am
Sincerely,
~ John Warner
JW/cc
Please reply to the office indicated: Washington [] Richmond [] Roanoke
PRINTED ON RECYCLED PAPER
Abingdon [] Norfolk []
STATE CORPORATION COMMISSION
December 21, 2000
Telephone Number (804) 371-9671
Facsimile Number (804) 371-9240
Facsimile Number (804) 371-9549
Hon. John Warner
United States Senate
1003 First Union Bank Building
213 South Jefferson Street
Roanoke, VA 24011-1714
Re: Resolution of City of Roanoke
Dear Senator Warner:
Your letter dated December 7, 2000, and addressed to the Division of Energy Regulation
at the State Corporation Commission has been sent to me by that division for response. Your
letter includes correspondence to you by the Clerk of the City of Roanoke covering a Resolution
adopted by City Council concerning construction of an underground natural gas pipeline by the
Virginia Gas Pipeline Company ("VGPC").
In an earlier correspondence addressed to your Abingdon office, I forwarded a copy of
the Commission's order of November 14, 2000, which addressed a motion filed a number of
landowners affected by the construction. I enclose another copy of that order for the benefit of
your Staff in your Roanoke office.
The City of Roanoke resolution calls for VGPC to "hold a public hearing on the proposed
route of the pipeline" to be built from Radford to Roanoke. The resolution further notes that
both the City and County of Roanoke "have requested the State Corporation Commission to
provide for a public hearing on the proposed route of the gas pipeline[.]"
In April 1999 and again in July 1999, the Commission ordered VGPC to publish notice in
the Roanoke newspapers of its request to build a pipeline from Radford into Roanoke and Rocky
Mount, Virginia. Notice was published by the company as ordered. According to records
provided by VPGC, the notice was also delivered to the Mr. Bob Johnson, Chairman of the
Board of Supervisors of Roanoke County, Mr. Elmer Hodge, the mayor/manager of Roanoke
County and Mr. David Bower, mayor/manager of the City of Roanoke. The notice provided
interested persons an opportunity to comment or request a public hearing on the proposed
pipeline. The Commission received no comments or requests for hearing from interested
citizens. Neither the City nor County of Roanoke requested a public heating. In December
1999, the Commission entered its order granting VGPC a certificate to construct its requested
facility. That order approves the route requested by VGPC. Any request by VGPC for any
significant modification of the approved route, whether in response to citizen pressure or
otherwise, would require it to file a new application with the Commission.
TYLER BUILDING. 13(10 EAST MAIN STREET, RICHMOND. VA 23219-3630 TELECOMMUNICATIONS DEVICE FOR THE DEAF-TDD/VOICE: (804) 371-9206
Hon. John Warner
December 21, 2000
Page Two
Nothing further occurred before the Commission until October 2000, when the
landowners filed the motion mentioned above. In its November 14 Order, which I have
enclosed, the Commission concluded that its jurisdiction over the matter of the issuance of the
certificate had lapsed. Therefore, it was unable to grant the relief requested by the landowners.
Prior to the filing of the motion in October 2000, landowner representatives had met with
Commission representatives in Richmond. They also organized a public meeting in Roanoke
concerning the pipeline, which was held on September 7, 2000. Along with a representative of
the Division of Energy Regulation, I attended that meeting and responded to citizen inquiries and
concerns. A number of elected officials, and representatives of VGPC and Duke Energy, also
attended the meeting. A subsidiary of Duke Energy operates an interstate natural gas pipeline in
the area and many citizens believe the two companies should cooperate on co-locating the two
pipelines in the existing interstate right-of-way. The Roanoke Resolution addresses this issue as
well.
: The Code of Virginia, Section 56-259, grants the Commission the authority to direct
public service companies to make joint use of right of way under very limited circumstances. It
requires one public service company to ask another for use of the second company's right of
way, but be denied such use. The first company may petition the Commission for an order
requiring the joint use. This provision appears to have never been invoked before the
Commission. Further, it is doubtful that the Commission's jurisdiction over public service
companies that is provided by this statute extends to companies operating facilities in interstate
commerce. I am uncertain whether the Federal Energy Regulatory Commission could order the
desired joint use of the right of way. In any event, VGPC has rejected terms offered by Duke for
the joint use.
The Commission would certainly have no objection to VGPC conducting one or more
public meetings to address the matter of the pipeline construction. The Company is free to
request the Commission consider modifications to the approved route on the basis of this or any
other consideration. However, for the reasons stated in the November 14 Order, the Commission
cannot now order VGPC to change the approved route.
I hope this letter, and the enclosed Order, are responsive to your request. As you may
well imagine, decisions regarding the siting of utility facilities are among the most difficult and
contentious of the Commission's responsibilities.
Very truly yours,
William H. Cthambliss
General Counsel
WHC:nel
Enclosure
DISCLAIMER
This electronic version of an SCC order is for informational purposes only and is not an official document of the
Commission. An official copy may be obtained from the Clerk o. f the Commission, Document Control Center.
COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION
AT RICHMOND, NOVEMBER 14, 2000
COMMONWEALTH OF VIRGINIA, EX REL.
STACY A. SNYDER, ET AL.
Vo
CASE NO. PUE000586
VIRGINIA GAS PIPELINE COMPANY
In Re: Motion to reinstate the
Commission's docket in Case No.
PUE990167, and reconsider, and/or
vacate the Commission's final order
in that case granting Virginia Gas
Pipeline Company a certificate
ORDER
Background
On March 19, 1999, Virginia Gas Pipeline Company ("VGPC" or "the Company") filed
an application with the Virginia State Corporation Commission ("Commission") pursuant to the
Utilities Facilities Act (§ 56-265.1 et seq.), Chapter 10.1 of Title 56 of the Code of Virginia,
requesting a certificate of public convenience and necessity to construct, own, and operate a
natural gas transmission pipeline system and related facilities to provide an additional throughput
of 21,500 dekatherms of gas per day. The proposed pipeline would be an expansion of VGPC's
existing P-25 pipeline system, which now runs from Chilhowie, Virginia, to Radford, Virginia. 1
VGPC proposed to extend the line from Radford into Roanoke County, Virginia, and to
construct laterals to Rocky Mount, Virginia, and into the City of Roanoke. The Company stated
that the project would total approximately 57.4 miles and would connect VGPC's facilities with
markets further east. The proposed transmission pipeline would pass through the distribution
territories of United Cities Gas Company and Roanoke Gas Company and would provide natural
gas transportation service only.
In an order entered on April 15, 1999, the Commission directed the Company to give
notice of its application and to provide the public with an opportunity to comment and request a
hearing. The order specifically directed VGPC to publish notice of the application in
newspapers in the areas through which the pipeline was proposed to be constructed. The
Company was further directed to serve a copy of the April 15, 1999, Order on the chair of the
board of supervisors of any county and upon the mayor or manager of any county, city, or town
(or upon equivalent officials in counties, towns, and cities having alternate forms of government)
lying within the area in which VGPC proposed to construct the pipeline. The Commission also
directed its Staff to file a report detailing its findings and recommendations on or before July 16,
1999.
The Company published notice of the application on May 5, 1999, in The News
Messenger/News Journal and The Franklin News-Post, and on May 6, 1999, in The Southwest
Times and The Roanoke Times. The notice stated, in pertinent part:
NOTICE TO THE PUBLIC OF AN APPLICATION BY
VIRGINIA GAS PIPELINE COMPANY FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO CONSTRUCT, OWN AND OPERATE
A NATURAL GAS TRANSMISSION PIPELINE
SYSTEM AND RELATED FACILITIES
CASE NO. PUE990167
On March 19, 1999, Virginia Gas Pipeline
Company ("VGPC" or "the Company") filed an application
with the State Corporation Commission ("Commission")
J The existing P-25 pipeline from Chilhowie to Radford, Virginia, was approved by the Commission in Case
No. PUE970024.
2
requesting the Commission to issue a certificate of public
convenience and necessity authorizing VGPC to construct,
own and operate a natural gas transmission pipeline system
and related facilities to provide an additional throughput of
21,500 dekatherms of gas per day. The proposed pipeline
is an expansion of VGPC's existing P-25 pipeline system
from Chilhowie, Virginia, to Radford, Virginia.
VGPC proposes to extend the line from Radford
into Roanoke County, Virginia, and to construct laterals to
Rocky Mount, Virginia, into the City of Roanoke. The
Company states that the project will total approximately
57.4 miles and will connect VGPC's facilities with markets
further east... The proposed transmission line passes
through the distribution territories of United Cities Gas
Company and Roanoke Gas Company and will provide
natural gas transportation service only.
Interested persons are encouraged to review
VGPC's application and supporting documents for the
details of all proposals found in the application ....
Copies of VGPC's application are available for
public inspection during regular business hours at VGPC's
office at 200 Main Street, Abingdon, Virginia 24210,
during the hours of 9:00 a.m. to 5:00 p.m., Monday through
Friday. The application is also available for public
inspection Monday through Friday, 8:15 a.m. to 5:00 p.m.
at the State Corporation Commission, Document Control
Center, First Floor, Tyler Building, 1300 East Main Street,
Richmond, Virginia 23219.
Any person desiring to comment in writing on
VGPC's application or request a hearing may do so by
directing such comments or requests on or before May 28,
1999, to Joel H. Peck, Clerk of the Commission, c/o
Document Control Center, P.O. Box 2118, Richmond,
Virginia 23218 and shall refer to Case No. PUE990167...
If no requests for hearing are received, a formal
hearing with oral testimony may not be held and the
Commission may make its decisions administratively,
based upon papers filed in this proceeding.
The Company also served a copy of the April 15, 1999, Order on the Chairs of the
County Board of Supervisors of Pulaski, Montgomery, Roanoke, and Rocky Mount, on the
Mayors/Managers of Pulaski County, Montgomery County, Roanoke County, Rocky Mount, and
the City of Roanoke, on the County Administrator for Franklin County, and on the Directors of
the Virginia Department of Conservation and Recreation, and the Virginia Department of
Environmental Quality ("DEQ").
On May 28, 1999, following publication of the first notice, Atmos Energy Corporation
d/b/a United Cities Gas Company ("United Cities"), filed comments and requested a heating on
the application. However, before the Commission could act on United Cities' filing, it withdrew
the request for hearing.
On July 14, 1999, the Company filed a modification to its proposed route into Rocky
Mount, Virginia. The modification was made pursuant to the Department of Conservation and
Recreation's recommendation that several natural area preserves were in danger of being
disturbed by the construction of the proposed pipeline.
On July 15, 1999, the Staffofthe Commission ("Staff"), by its counsel, filed a motion
requesting an extension of time to file its Report in order to give it additional time to review the
modification to the application. The Commission granted the Staffs motion, and directed the
Company to publish and serve notice of the change in the application. The Company published
the second notice on August 10, 1999, in The Southwest Times and The Roanoke Times and in
The News Messenger/News Journal and The Franklin News-Post on August 11, 1999. The
second notice stated, in pertinent part:
NOTICE TO THE PUBLIC OF A CHANGE IN THE
APPLICATION OF VIRGINIA GAS PIPELINE
COMPANY FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO CONSTRUCT,
4
OWN, AND OPERATE A NATURAL GAS
TRANSMISSION PIPELINE SYSTEM AND RELATED
FACILITIES
CASE NO. PUE990167
On March 19, 1999, Virginia Gas Pipeline
Company ("VGPC" or "the Company") filed an application
with the State Corporation Commission ("Commission")
requesting the Commission to issue a certificate of public
convenience and necessity authorizing VGPC to construct,
own, and operate a natural gas transmission pipeline system
and related facilities to provide an additional throughput of
21,500 dekatherms of gas per day. The proposed pipeline
is an expansion of VGPC's existing P-25 pipeline system
from Chilhowie, Virginia, to Radford, Virginia.
On July 14, 1999, the Company filed a modification
to its proposed route into Rocky Mount, Virginia. That
modification will necessitate relocation of the proposed
pipeline in two locations and the acquisition of additional
rights-of-way, the details of which may be reviewed at the
following locations: VGPC's office at 200 Main Street,
Abingdon, Virginia 24210, during the hours of 9:00 a.m. to
5:00 p.m., Monday through Friday, and at the State
Corporation Commission, Document Control Center, First
Floor, Tyler Building, 1300 East Main Street, Richmond,
Virginia 23219, during the hours of 8:15 a.m. to 5:00 p.m.
Any person desiring to comment in writing on
VGPC's application or request a hearing may do so by
directing such comments or requests on or before
September 7, 1999, to Joel H. Peck, Clerk of the
Commission, c/o Document Control Center, P.O.
Box 2118, Richmond, Virginia 23218, and shall refer to
Case No. PUE990167...
The Company served a copy of the July 16, 1999, Order on the Chairs of the County
Board of Supervisors of Pulaski, Christiansburg, Roanoke, and Rocky Mount, and the
Mayor/Managers of Pulaski County, Montgomery County, Franklin County, Rocky Mount,
Roanoke County, and the City of Roanoke.
Staff filed its Report on September 30, 1999. In its Report, Staff recommended that the
application be approved. Staff noted that there was sufficient need for gas transportation service
to support additional facilities in southwestern Virginia. Staff stated that it believed VGPC has
the technical and managerial capability to construct and operate the proposed pipeline but that
the operation of the proposed facility was dependent upon the expeditious completion of VGPC's
P-25 pipeline into Radford. The Staff encouraged the Company to exercise all deliberate haste in
completing that section of its intrastate pipeline. Because Staff remained cautious about the
Company's financial outlook, it recommended that the Commission continue to monitor the
financial condition of VGPC through the Annual Informational Filing ("AIF") process and future
Chapter 3 and 4 filings related to the pipeline expansion. The AIF requires that utilities provide
financial data on a total company and Virginia jurisdictional basis reflecting both its per books
operations and adjustments to reflect earnings on a regulatory basis. The Commission uses the
AIF process as a foundation to monitor the financial condition of utilities that it regulates.
On December 6, 1999, the Commission issued a Final Order in Case No. PUE990167
granting VGPC a certificate to construct, own, and operate a natural gas transmission pipeline
system and related facilities. The order grants VGPC Certificate No. GT-69, and dismisses the
case from the Commission's docket of active cases.
Current proceeding
On October 5, 2000, Stacy Snyder and a group of landowners purportedly affected by the
pipeline expansion ("Petitioners"), filed a "Motion to Reinstate, Reconsider, and/or Vacate" the
Commission's December 6, 1999, Order granting VGPC a certificate in Case No. PUE990167.
In support of the motion, Petitioners allege: (1) violation of § 56-265.2:1 .B of the Code of
Virginia, which requires 30 days' advance public notice of the proposed pipeline, (2) violation of
6
§ 56-265.2:1 .C of the Code of Virginia by providing less than 30 days in each notice for requests
for hearing on the application, (3) violation of § 56-265.2.A by failing to give "due notice" to
interested parties of the application, and (4) the "GRANT OF EASEMENT" form used by VGPC
in its right of way acquisition effort does not conform with the rights and privileges granted it by
the Commission. On October 17, 2000, Montgomery County filed a motion in support of
Petitioners' motion, and on October 23, 2000, Roanoke County filed a similar motion. 2
On October 18, 2000, VGPC filed a response to Petitioners' motion requesting that the
Commission deny the motion and dismiss the action. In support thereof, VGPC states that
according to Rules 8:9 and 8:10 of the Commission's Rules of Practice and Procedure, and Rule
5:21 of the Rules of the Supreme Court of Virginia, the Commission lacks subject matter
jurisdiction to entertain Petitioners' motion. On November 2, 2000, Petitioners filed a "Reply
and Response" to VGPC's response, countering the jurisdictional arguments made by VGPC.
Finally, on November 8, 2000, the Company filed a response to Petitioner's "Reply and
Response" to refute assertions made in Petitioners' November 2, 2000, filing.
NOW THE COMMISSION, upon consideration of the Petitioners' motion, the above-
referenced responses, and the applicable statutes and rules, is of the opinion and finds that
Petitioners' motion must be denied.
Jurisdiction
Although we are not without sympathy for Petitioners' situation, we find that the
Commission lacks jurisdiction to reopen this matter. Rule 8:9 of our Rules of Practice and
Procedure states: "All final judgments, orders and decrees of the Commission... shall remain
2 It should be noted that Montgomery County passed a resolution in support of the proposed pipeline on May 11,
1998, and Franklin County also passed a resolution requesting that the Commission approve VGPC's application on
April 29, 1998. Roanoke County commented on the environmental impacts of VGPC's application in a letter to the
DEQ on May 17, 1999.
7
under the control of the Commission and subject to be modified or vacated for twenty-one (21)
days after the date of entry, and no longer." Even if the order was erroneous, the Commission
had jurisdiction to enter it, and, the allotted time for reconsideration having passed, now lacks
jurisdiction to modify it. See Reynolds v. Alexandria Motor Bus Line, Inc., 141 Va. 213 (1925)
("Reynolds"). In that case, the Virginia Supreme Court stated:
The order of July 7, 1923, shows on its face that it
was a final disposition of the case. It is wholly immaterial
whether it was right or wrong. The Commission had
dismissed it, and no longer had any jurisdiction over it...
The only remedy of the applicant was by appeal to this
court of which he did not avail himself within the time
prescribed by law. Id._:. at 228 .... To allow such a case to
be reopened before the Commission after the expiration of
the time in which an appeal could be taken would in effect
nullify the provisions of the statute requiring appeals from
final orders of the Commission to be taken and perfected
within six months from the date of such order. Id. at 229.
·.. However inadvertent the order may have been, however
erroneous, it was not void, and could only have been set
aside by an appeal to [the Virginia Supreme Court]. Id._:. at
230.
In the instant case, the final order granting VGPC a certificate was entered on
December 6, 1999. According to Rule 8:9 of the Commission's Rules, 3 that order remained
under the control of the Commission and was subject to modification or vacation for 21 days, or
on or before December 27, 1999. Petitioners' motion was filed more than 300 days after the final
order was entered in this case. To allow this case to be reopened would nullify the provisions of
our Rules establishing the finality of Commission orders and contradict the Virginia Supreme
Court's conclusion that the Commission loses jurisdiction over its orders once the prescribed
time period expires.
We therefore must conclude that the Commission lacks jurisdiction to reopen this matter.
3 Adopted subsequent to the decision in Reynolds.
We will address the arguments raised in Petitioner's motion below.
§ 56-265.2.A of the Code of Virginia
We disagree with Petitioners' allegation that the notice failed to comply with § 56-
265.2.A of the Code of Virginia, which requires that interested parties receive "due notice" of
VGPC's application prior to the Commission's issuance of a certificate. VGPC published notice
in all the counties and municipalities affected by the proposed pipeline, provided actual written
notice to all appropriate goveming bodies, and filed a copy of its plans, specifications and maps
with the Commission for inspection by the public. Both notices that were published referred
interested parties to VGPC's office or the Commission for review of the details of the application
and route of the pipeline. The first published notice identified both the originating point of
construction as well as the points to which the pipeline would be extended. The second notice
identified the changed route for the lateral into Rocky Mount. The Virginia Supreme Court has
held that the notice requirement in § 56-265.2.A of the Code of Virginia "is satisfied with respect
to interested parties in a particular county when a notice is published in a newspaper having
general circulation in the county and is served on the county's officials, which notice states that a
hearing is to be held on the need to construct a utility line between two identified points whose
locations readily indicate that the line might traverse the county." Citizens for the Preservation
of Floyd County, Inc. v. Appalachian Power Company, 219 Va. 540, 545 (1978)
("Appalachian"). The notices were published in all appropriate newspapers in the affected
counties, and copies of the Commission's orders containing the notices were sent to all
appropriate governing bodies. The notices published by VGPC clearly identified the points to
which the line would be extended, in compliance with the statute and the standard set forth in
9
Appalachian We therefore must conclude that the notice complied with § 56-265.2.A of the
Code of Virginia.
§ 56-265.2:1.B of the Code of Virginia
We also disagree with Petitioners' allegation that the notice failed to comply with § 56-
265.2:1.B of the Code of Virginia. That section states in pertinent part: "The Commission shall
not approve construction of any such pipeline unless the public utility has provided thirty days'
advance public notice of the proposed pipeline .... "(Emphasis added.) The Commission's
December 6, 1999, Final Order in this case approving the pipeline construction was 117 days
after the second notice was published in newspapers. The public had well beyond 30 days notice
prior to the approval of the facility. Therefore, we must conclude that our action complies with
§ 56-265.2:1.B of the Code of Virginia.
§ 56-265.2:1.C of the Code of Virginia
Section 56-265.2:1.C provides that the Commission shall hold a public heating if any
interested party so requests within 30 days after publication of notice. The first notice of
VGPC's application was published in newspapers on May 5 and 6, 1999, and stated that
interested parties may file comments or request a hearing on the application on or before
May 28, 1999, 22 or 23 days after the publication date. The second notice of VGPC's
application was published in newspapers on August 10 and 11, 1999, and stated that interested
parties may file comments or request a heating on the application on or before September 7,
1999, 27 or 28 days after the publication date. It appears that Petitioners argue that because of
the dates stated in the notice, regardless of how long the Commission waited to enter the final
order, the notices were defective, violated the 30-day provision of § 56-265.2:1.C of the Code of
Virginia, and the defect and violation deprived the Commission of jurisdiction to enter its order
10
granting VGPC a certificate. We cannot agree. Interested parties had a cumulative 49 days
between both published notices to request a hearing, and the Commission received no requests.
Moreover, four months elapsed from the first publication in May and the deadline set in the
second notice. Further, a hearing would have been granted had a request been made within 30
days of the publication of either notice; and, upon good cause shown, a hearing would have been
granted after the 30-day time period expired but prior to the entry of the final order in this case.
Finally, we could have reconsidered the matter if such a request had been received within 21
days of the entry of the final order. However, no interested party requested a hearing on the
application until long after the final order was entered on December 6, 1999,4 and no party
complained in any way until more than 300 days after the final order, and more than 16 months
after the first notice was published. We find that § 56-265.2:1 .C of the Code of Virginia was not
violated because no interested party was denied the opportunity for hearing as allowed by law.
Mt. Crawford
Petitioners raise Commonwealth of Virginia, ex rel. Town of Mt. Crawford v. Virginia
Electric and Power Company, In Re: Request of Town of Mt. Crawford for hearing on
construction of Transmission Line from West Staunton to Harrisonburg, Case No. 20084, 1979
S.C.C. Ann. Rept. 369, ("Mt. Crawford") as support for its position that the Commission has
jurisdiction to reopen this matter. In that case, the Commission re-examined the route of a utility
line in the context of a complaint proceeding. The town of Mt. Crawford claimed that the
transmission line corridor previously approved by the Commission would pass through the
town's corporate limits and that it never received notice of the application as required by the
statute. Virginia Electric and Power Company ("VEPCO") responded to the complaint and
4 United Cities withdrew its request for hearing on June 22, 1999.
11
stated, among other things, that the transmission line at issue did not pass through the town's
corporate limits. However, without waiving their positions on the location of the utility line and
the adequacy of notice, both parties agreed to a hearing before the Commission on the route of
the transmission line.
The Mt. Crawford case is distinguishable from this case because it turned on a question
of fact that could only be resolved by a heating, i.e. whether the line crossed into the corporate
limits of the town, thereby requiring service of notice on the mayor. If, in fact, the Commission
had found in that case that notice was required to be served on the town of Mt. Crawford but had
not been made, the question of whether the Commission had jurisdiction to grant a certificate to
VEPCO would be raised. Here, by contrast, notice was given to all interested parties in the
manner set forth in the statutes.
Alleged Fraud
Finally, Petitioners urge the Commission, pursuant to § 56-265.6 of the Code of Virginia,
to revoke the certificate granted to VGPC because they allege it was obtained fraudulently.
Section 56-265.6 states, in pertinent part:
The Commission may, by its order duly entered after
hearing, held after due notice to the holder of any such
certificate and an opportunity to such holder to be heard, at
which hearing it shall be proved that such holder has
willfully made a misrepresentation of a material fact in
obtaining such certificate or has willfully violated or
refused to observe the laws of this State touching such
certificate or any of the terms of the certificate, or any of
the Commission's proper orders, rules or regulations,
impose a penalty not exceeding $1,000, which may be
collected by the process of the Commission as provided by
law; or the Commission may suspend, revoke, alter or
amend any such certificate for any of the causes set forth
above...
12
We find no grounds to revoke VGPC's certificate because of any alleged fraud in its
procurement. The certificate granted to VPGC was to construct, own, and operate a natural gas
transmission pipeline system and related facilities. If the Company ever seeks to construct
facilities other than those approved by the Commission, a further construction certificate may be
required. The Commission finds no fraud in the publication or content of the notice given to
interested parties by VGPC because, as detailed herein, we find that the notices published were
in compliance with the statutes and the case law as established by the Virginia Supreme Court.
With respect to Petitioners' allegations concerning the acquisition of what are described as
expansive easements, to the extent the Company seeks to acquire such easements by eminent
domain, that matter will undoubtedly be addressed by the court with jurisdiction over the
condemnation proceeding. Accordingly,
IT IS ORDERED THAT:
(1) This matter is docketed as Case No. PUE000586.
(2) Petitioners' October 5, 2000, Motion to Reinstate the Commission's docket in
Case No. PUE990167, and Reconsider, and/or Vacate the granting of a certificate to Virginia
Gas Pipeline Company is hereby denied.
(3) This case is hereby dismissed from the Commission's docket of active cases.
13
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
November 27, 2000
File #5-68-165~342
STEPHANIE M. MOON
Deputy City Clerk
Delores Phillips, Executive Director
Williamson Road Area Business
Association
P. O. Box 5892
Roanoke, Virginia 24012-0892
Dear Ms. Phillips:
I am enclosing copy of Resolution No. 35142-112000 accepting and expressing
appreciation for the monetary pledge of $4,500.00 from the Williamson Road Area
Business Association to establish a Community-Oriented Police facility at 1502 Williamson
Road, N. W. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Department of Management and Budget
HSAgenda.00\November 20 correspondence.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35142-112000.
A RESOLUTION accepting and expressing appreciation for the monetary pledge from the
Williamson Road Area Business Association.
WHEREAS, the Williamson Road Area Business Association has pledged $4,500 to assist
the Roanoke Police Department in defraying the cost of renovations to an office the Police
Department will occupy as a Community Oriented Police facility, at 1502 Williamson Road.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council accepts and expresses its appreciation for the pledge of $4,500 to the
Roanoke Police Department from the Williamson Road Area Business Association.
2. The City Clerk is directed to forward an attested copy of this resolution to the
Witliamson Road Area Business Association.
ATTEST:
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #5-68-165-342
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35141-112000 amending and reordaining certain
sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of
$13,500.00, which represents an initial gift of $9,000.00, plus an additional gift of $4,500.00
by the Williamson Road Area Business Association, to establish a Community-Oriented
Police facility at 1502 Williamson Road, N. W. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Department of Management and Budget
H:~Agenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35141-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
A;)DropHations
Public Safety
Community Oriented Police Facility (1-2) .......................
Revenues
$ 2,272,103
13,500
Public Safety
Community Oriented Police Facility(3) $ 2,272,103
......................... 13,500
1) Expendable Equipment
<$5,000
2) Project Supplies
3) Contributions
(035-640-3329-2035)
(035-640-3329-3005)
(035-640-3329-3329)
2,343
11,157
13,500
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Gift to Establish a Community Oriented Police Facility at 1502
Williamson Road
Background:
On July 17, 2000, Roanoke City Council adopted a resolution accepting and expressing
appreciation for a monetary pledge of $9,000 from the Williamson Road Area Business
Association -- resolution number 34947-071700. The funds were designated for expenses
associated with establishment of a Community Oriented Police facility at 1502 Williamson
Road, in the Civic Mall. Additionally, the resolution authorized the City to enter into a lease
contract with Blue Eagle partnership for office space at that location.
When the gift was authorized by the Williamson Road Area Business Association's Board
of Directors, $9,000 was the maximum amount their budget would accommodate. It is now
the aspiration of the Williamson Road Area Business Association to donate an additional
$4,500 for expenses associated with establishing the Community Oriented Police facility.
On October 9, 2000, the Community Oriented Police facility began operations at its new
Civic Mall quarters. Expense estimates related to establishing the facility have exceeded
the amount of the initial $9,000 gift. Accordingly, the proposed $4,500 donation would be
utilized to pay those additional expenses -- construction/remodeling and purchase of
office furniture. The initial $9,000 gift has not been appropriated by Council and remains
unspent.
Recommended Action:
Accept the additional gift of $4,500 from the Williamson Road Area Business
Association.
Appropriate $13,500 (the initial $9000 gift + the additional $4,500 gift) to accounts
to be established by the Director of Finance in the following amounts:
Expendable Equipment <$5,000
Project Supplies
$2,343
$11,157
$13,500
Establish a revenue estimate in an account to be established by the Director of
Finance in the grant fund.
C;
City Manager
Mary Parker, City Clerk
William Hackworth, City Attorney
James Grisso, Director of Finance
George Snead, Assistant City Manager for Community Development
A.L. Gaskins, Chief of Police
#00-408
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #5-60-236-472
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35143-112000 amending and reordaining certain
sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of
$20,000.00, for the purchase of automated motor vehicle accident scene measuring
equipment. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, November 20, 2000.
Sincerely,
Mary F P~arker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
H:~,genda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35143-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADr)ropriations
Public Safety $ 2,292,103
Department of Motor Vehicles Highway Safety Grant (1-3) ......... 20,000
Revenues
Public Safety $ 2,292,103
Department of Motor Vehicles Highway Safety Grant (4) .......... 20,000
1) Expendable Equipment
<$5,000
2) Training and Development
3) Other Equipment
4) State Grant Receipts
(035-640-3330-2035) $ 3,265
(035-640-3330-2044) 2,300
(035-640-3330-9015) 14,435
(035-640-3330-3330) 20,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Virginia Department of Motor Vehicles Grant
Background:
The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass
through funds provided by the United States Department of Transportation for highway
safety projects in Virginia. DMV offers those funds, in the form of grants, to successful
applicants for activities which improve highway safety in Virginia.
On September 29, 2000, DMV awarded the Roanoke Police Department $20,000 to
purchase automated motor vehicle accident scene measuring equipment. The automated
measuring equipment will allow for more efficient investigations at scenes of motor vehicle
accidents, improve prosecutions through more precise accident scene documentation, and
allow investigators to minimize the duration of roadway obstructions at motor vehicle
accident scenes.
Between 1995 and 1999, in the City of Roanoke, there were 1,248 personal injury motor
vehicle accidents resulting in 1,601 personal injuries and 23 fatal motor vehicle accidents
involving 29 victims. There is a need to conduct improved motor vehicle accident
reconstruction and documentation related to accidents involving fatalities or serious
personal injuries, and, to minimize the associated roadway disruptions and safety hazards.
Recommended Action:
Accept the grant from the DMV and appropriate $20,000 to grant fund accounts to be
established by the Director of Finance in the following amounts:
Training and Development
Expendable Equipment (<$5,000)
Other Equipment
$2,300
$3,265
$14,435
$20,000
Establish a revenue estimate in an account to be established by the Director of Finance.
Respectfully submitted,
City Manager
C;
Mary Parker, City Clerk
William Hackworth, City Attorney
James Grisso, Director of Finance
George Snead, Assistant City Manager for Community Development
A.L. Gaskins, Chief of Police
#00410
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #5-20-60-40-67-70-122-183-192-214-270-
268-299-323-382-472
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35144-112000 amending and reordaining certain
sections of the 2000-2001 General, Water, Civic Center, Capital Projects, and
Management Services Funds Appropriations, providing for appropriation of $1,326,710.00,
for procurement of Capital Maintenance and Equipment Replacement items. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
D. Darwin Roupe, Acting Director, Department of General Services
Barry L. Key, Director, Department of Management and Budget
HSAgenda. OO\No. vember 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35144-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General,
Water, Civic Center, Capital Projects, and Management Services Funds Appropriations,
and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2000-2001 General, Water, Civic Center, Capital Projects, and
Management Services Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
General Government
Electoral Board (1) .......................................
Judicial Administration
Juvenile and Domestic Relations Court Clerk (2) ................
Circuit Court (3) .........................................
Public Safety
Fire - Operations (4-5) ....................................
Police - Patrol (6-7) .......................................
Public Works
Traffic Engineering (8-9) ...................................
Parks and Grounds Maintenance (10-11) .....................
Parks, Recreation and Cultural
Victory Stadium (12) ......................................
Recreation (13) ..........................................
Libraries (14) ...........................................
$ 12,162,239
242,701
$ 6,316,371
34,798
304,451
$ 44,804,681
10,953,676
9,319,891
$ 24,071,581
1,475,129
3,888,016
$ 4,798,883
38,559
2,171,024
2,287,681
Community Development
Memberships and Affiliations (15-16) .........................
NonDepartmental
Transfers to Other Funds (17) ..............................
Fund Balance
Reserved for CMERP - City (18) ..............................
$ 4,042,270
1,865,605
$ 65,163,922
64,943,970
$ 2,748,032
Water Fund
Aoorooriations
Utility Line Services - Operating (19-20) ........................
Retained Earnings
Retained Earnings (21) ......................................
$ 3,408,456
$ 32,400,008
Civic Center Fund
Appropriations
Civic Center Operating (22-23) ................................ $
Civic Center Concessions (24) ................................
Retained Earnin,qs
Retained Earnings (25) ...................................... $
2,593,640
934,509
3,740,821
Capital Proiects Fund
Appropriations
General Government
Building Inspection Program (26) ............................
Security at Public Works Service Center (27) ...................
Quick Service Facility at Public Works Service Center (28) ........
Recreation
Skate Park Improvements (29) ..............................
$ 16,868,976
140,000
15,100
50,000
$ 8,551,286
49,750
Revenues
Nonoperating
Transfer from General Fund (30) $
Manaaement Services Fun,q
Management Services - Operating (31) ......................... $
.Retained Earnings
Retained Earnings (32) ...................................... $
3,093,507
2,978,007
212,824
186,972
1 ) Expendable Equipment
<$5,000 (001-260-1310-2035) $ 10,250
2) Expendable Equipment
<$5,000 (001-122-2131-2035) 2,700
3) Expendable Equipment
<$5,000 (001-125-2110-2035) 3,000
4) Expendable Equipment
<$5,000 (001-520-3213-2035) 36,500
5) Other Equipment (001-520-3213.9015) 40,000
6) Expendable Equipment
<$5,000 (001-640-3113-2035) 23,257
7) Other Equipment (001-640-3113-9015) 20,000
8) Expendable Equipment
<$5,000 (001-530-4160-2035) 105,000
9) Other Equipment (001-530-4160-9015) 30,000
10) Expendable Equipment
<$5,000 (001-620-4340-2035) 25,000
11 ) Other Equipment (001-620-4340-9015) 75,000
12) Expendable Equipment
<$5,000 (001-550-7410.2035) 4,000
13) Expendable Equipment
<$5,000 (001-620-7110-2035) 172,293
14) Expendable Equipment
<$5,000 (001-650-7310-2035) 15,400
15) Camp Virginia Jaycees (001-300-7220-3693) 10,000
16) Center in the Square (001-300-7220_3706) 100,000
17) Transfer to Capital
Projects Fund (001-250-9310-9508) $154,850
18) Reserved for CMERP (001-3323) (827,250)
19) Expendable Equipment
<$5,000 (002-510-2625-2035) 30,100
20) Other Equipment (002-510-2625-9015) 79,000
21) Retained Earnings (002-3336) (109,100)
22) Expendable Equipment
<$5,000 (005-550-2105-2035) 158,890
23) Other Equipment (005-550-2105-9015) 207,500
24) Expendable Equipment
<$5,000 (005-550-2109-2035) 21,015
25) Retained Earnings (005-3336) (387,405)
26) Appropriated from
General Revenue (008-052-9724-9003) 40,000
27) Appropriated from
General Revenue (008-530-9761-9003) 15,100
28) Appropriated from
General Revenue (008-530-9762-9003) 50,000
29) Appropriated from
General Revenue (008-530-9760-9003) 49,750
30) Transfer from
General Fund (008-110-1234-1037) 154,850
31) Expendable Equipment
<$5,000 (015-410-1617-2035) 2,955
32) Retained Earnings (015-3336) (2,955)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Fund Appropriations from Capital Maintenance and
Equipment Replacement Program and Prior Year Retained
Earnings.
Background'
On October 2, 2000, City Council concurred with the funding recommendations for the
FY 2000-01 Capital Maintenance and Equipment Replacement Program (CMERP).
CMERP is used to fund equipment purchases, maintenance, and other one-time priority
purchases.
Considerations:
City Council approval is required to appropriate funds from CMERP Enterprise Fund
and Internal Service Fund Retained Earnings to various department operating accounts
to allow for the acquisition of the items and projects listed on Attachment "A" of this
report. All acquisitions will be accomplished in accordance with the City's Procurement
Policies, as set out in chapter 23.1 of the Code of the City of Roanoke, Virginia.
Recommendation'
City Council approve the budget ordinance to appropriate $1,326,710.00 to various
departmental accounts as follows:
A. $827,250.00 from CMERP to the following:
1. $ 3,000
2. $10,250
3. $ 2,700
4. $ 4,000
5. $ 36,500
6. $ 40,000
7. $15,400
8. $ 75,000
to Circuit Court account 001-125-2110-2035
to Electoral Board account 001-260-1310-2035
to Juvenile Court Clerk account 001-122-2131-2035
to Civic FacilitiesJictory Stadium account
001-550-7410-2035
to Fire/EMS account 001-520-3213-2035
to Fire/EMS account 001-520-3213-9015
to Library account 001-650-7310-2035
to Parks/Grounds account 001-620-4340-9015
Fund Appropriations
November 20, 2000
Page 2
Co
9. 9 25,000
10. $172,293
11. $ 30,000
12. $105,000
13. $ 20,000
14. $ 23,257
15. $100,000
16. 9 10,000
17. $ 40,000
18. $ 49,750
19. 9 15,100
20. 9 50,000
to Parks/Grounds account 001-620-4340-2035
to Parks/Recreation account 001-620-7110-2035
to Traffic Engineering account 001-530-4160-9015
to Traffic Engineering account 001-530-4160-2035
to Police account 001-640-3113-9015
to Police account 001-640-3113-2035
to Contributions account 001-300-7220-3706
to Contributions account 001-300-7220-3693
to Engineering Capital account 008-052-9724-9003
to Engineering Capital account 008-530-9760-9003
to Engineering Capital account 008-530-9761-9003
to Engineering Capital account 008-530-9762-9003
9 2,955.00 from Management Services Retained Earnings account to
015-410-1617-2035.
9109,100.00 from Utility Line Services Retained Earnings account as
follows:
$ 30,100 to account 002-510-2625-2035
9 79,000 to account 002-510-2625-9015
$387,405.00 from Civic Center Retained Earnings account as follows:
9158,890 to account 005-550-2105-2035
9207,500 to account 005-550-2105-9015
9 21,015 to account 005-550-2109-2035
City Manager
CC:
City Clerk
City Attorney
Director of Finance
Director of OMB
Acting Director of General Services
#00-613
Attachment 1
Capital Maintenance and Equipment Replacement Program (CMERP)
General Fund:
Recommended Expenditures - Justification
Office Furniture and Equipment - $ 50,577'
Circuit Court Judge - Stand-up Desk - $ 3,000 - A stand-up desk is
needed for a Circuit Court Judge.
Electoral Board/Registrar- Work Station Units -$10,250- Work
stations are needed to replace current furniture which is in poor condition,
and to make more efficient use of limited work and storage space.
Juvenile Court Clerk - Three (3) Judges Chairs - $ 2,700 -
Replacements are needed for three judges chairs in three Juvenile
Courtrooms.
Police - Two (2) Desks and One (1) High-back Chair - $1,407 - Current
furniture in Crime Prevention and Northside Commander's office, originally
obtained from surplus, has deteriorated and is in need of replacement.
Recreation:
Furniture for Mill Mountain Interpretive Center - $18,575 - This
new visitor center requires furnishings for its professional meeting
area, visitor education section, staff office, and working spaces.
Folding Tables, Chairs and Other Furnishings for Recreational
Centers -$14,650 - Replacement of worn and damaged
furnishings at recreation centers is needed to improve service to
the public and potential for recruiting corporate sponsors.
Equipment Needs - $381,823:
Civic Facilities/Victory Stadium - Public Address System - $ 4,000 - A
public address system is needed to replace the system stolen from Victory
Stadium.
2. Fire/EMS:
ao
Twenty-four (24) Inteqrated Personal Alarm Safety
System Devices - $20,000 - Phase two of five phases to meet
National Fire Protection Agency firefighter safety equipment
standards; units are attached to air packs and emit a loud shrill
signal if a firefighter goes down in a fire.
Twenty-one (21) Self-Contained Breathing A~3paratus Air
Bottles - $11,500 - Over the next two to three years, current wear-
dated air bottles must be replaced with new-style bottles that have
an unlimited life span.
Air Compressor Self-Contained Breathing
Apparatus (SCBA) Bottle Filling Station - $40,000 - This state-of-
the-art high capacity air compressor is needed to meet National
Fire Protection Agency standards for rapid fill of SCBA air bottles
used by firefighters and depleted during fires and training.
Forest/Brush Fire-fighting Ec~uipment - $ 5,000 - This purchase
will assist in providing skid-style, ready-to-go equipment not
presently available for fighting forest or brush fires.
Libraries:
Compact Mobile Shelving for Audiovisual Materials - $10,000 -
Shelving is needed to house audiovisual materials.
Six (6) Sections of Double-faced Metal Shelvina_ - $ 5.400 -
Purchase of these 90" tall metal units is needed to accommodate
additional materials for the Law library.
Parks and Grounds:
Four (4) Zero-Turn-Radius 48" Ridinq Mowers - $27,2000 -
These mowers are needed to speed up mowing progress on
medians and islands within the City.
Boom Mower - $15,000 - This mower, with a four-foot deck, will
allow safe moving of the right of way areas, sloped banks and the
inside of guard rails. The mower will be mounted on an existing
Parks and Grounds tractor.
Eight (8) Hydro/Walk-behind 48" Mowers with Attachments
$32,800 - Two (2) additional and six (6) replacement units are
needed to improve grounds maintenance capabilities; units are in
daily use.
2
5. Parks and Recreation:
Fitness Equipment for Jackson Middle School Family Fitnes.-
Center - $47,716 - The purchase of this equipment is needed to
provide similar fitness center capabilities as at the Breckinridge,
Woodrow Wilson and Addison centers, resulting in increased
memberships and revenue.
Equipment and Amenities for Recreational Centers - $36,250 -
To improve the appearance and usefulness of several recreation
centers, non-fire-retardant curtains, malfunctioning mini-blinds, and
refrigerators need to be replaced. New signage will also be
installed.
Six (6) Storage Boxes and Three (3) Scoreboards - $22,200 -
Storage boxes are needed to house materials and equipment used
to prepare and maintain ballfields. Scoreboards are needed to
improve scoring and timekeeping for games.
do
Municipal Pool Equipment - $32,90? - To enhance patronage
and revenues, worn and unusable pool umbrellas, lounge chairs
and lane-line storage reels need to be replaced. In addition, the
pools would benefit from installing two 16' pool slides.
Police:
Emergency Response Vehicle Equipment - $11,055 - Protective
screens, siren speakers, speaker control heads, light control boxes
and directional light control panels need to be replaced.
Three (3) Falcon HR-12 Handheld Radar Systems - $ 4,800 -
With the expansion of radar enforcement to the entire Patrol
Division, these units are needed to increase traffic monitoring in
such areas as the Expressway and other high-volume routes.
Co
Three (3) Golden Eagle Radar Systems - $ 6,000 - These units
are needed to enhance traffic monitoring in high-volume areas and
allow monitoring both directions of traffic through stationary or
mobile use.
Tractor with Attachments for Mounted Patrol Stable - $20,000 -
This tractor, with mower, loader and blade attachments, in needed
to maintain the grounds of the Mounted Patrol Stable.
Traffic Engineering - Thermoplastic Pavement Marking Premelter
$30,000 - This purchase is to replace the existing worn equipment which
has become burdensome to repair.
Capital Maintenance - $284,850'
1. Engineering:
Phase II of Building Inspection and Assessment Program
$40,000 ~ Funds will be used to continue the assessment of the
condition of City-owned buildings. This activity will lead to the
development of a comprehensive long-term maintenance,
remodeling, rehabilitation, and replacement plan for City-owned
buildings.
2. Parks and Grounds:
Skate Park Repairs and Improvements - $49,750 - The original
underlayment used for ramp surfaces has not held up and needs to
be replaced with more appropriate materials, Fencing needs to be
installed to restrict access to the park.
Reforestation Program - $25,000 - Funds are needed to begin
rebuilding the City's tree population by planting new trees in
business districts, along thoroughfares, in residential areas, and in
parks.
Public Works:
Enhanced Security at Public Works Service Center - $15,100 -
Safeguarding employees, equipment and environmental integrity
needs to be enhanced by installing fencing, sensor-type and other
gates, panic bars, and electric locks.
Construction of Quick Service Facility at Public Works Service
Center - $50,000 - Fleet Management operations will be enhanced
by adding a quick service vehicle maintenance area. This will also
open up space for street sweeping equipment being transferred to
the Public Works Service Center from Parks and Recreation
Building on Reserve Avenue.
Traffic Engineering:
Replace Overhead Si,qns at Oranqe Avenue and Williamson
Road - $30,000 - Eight (8) overhead signs at this intersection are in
need of replacement with highly reflective material to improve
visibility at night.
4
Bo
Mini. Projects - $10,000 - Funds for unbudgeted needs which
arise during the course of the year, such as relocating traffic
signals, controllers, detectors and conduits.
Replace Overhead Siqns at Brandon Avenue and Franklin
Road - $ 9,000 - Four (4) large overhead signs at this intersection
are in need of replacement with highly reflective material to improve
visibility at night.
Replace Globes in Central Business District - $21,000 - Funds
are needed to replace globes where exposure to the sun has
caused deterioration of light reaching the streets and sidewalks.
eo
Traffic Barriers/Signa,qe for Civic Center - $35,000 - Rear
access to the Civic Center via Walker Avenue (beneath 1-581 ) is
closed to traffic except during major events. Closure was urged by
VDOT to protect the underside of the 1-581 bridge, which is
frequently hit by trucks despite existing clearance signage. Funds
will provide for a system of poles and overhead signs to give trucks
clear notification when clearance limits are exceeded.
All Other: $110,000
Center in the Square - Atrium Restroom Renovations - $100,000 - The
atrium is receiving its first major renovation in 17 years. Restrooms in the
atrium are available to the public and are heavily used by shoppers,
merchants and downtown employees. The women's restroom in
particular is in great need of repair and upgrading to meet Americans with
Disability Act standards.
Jaycees - Camp Virginia Jaycee - $10,000 - Funds will be used for
capital improvements at Camp Virginia Jaycee and represent the first
installment toward the City's commitment to provide $50,000 over five
years.
General Fund Total
$827,250.00
Enterprise and Internal Service Funds'
The following departments primarily fund capital needs through their own
retained earnings.
1. Management Services - $ 2,955
Color laser Printer - $ 2,955
2. Utility Line Services - $109,100
Rubber-tired Backhoe/loader- $55,000
Three (3) Metrotech 48B Pipe Locators - $1,950
Two (2) Metrotech 880B Metal Detectors - $1,600
Two Sets (2) Large size Open and Box End Wrenches - $ 500
Two (2) Water Leak Detectors - $ 8,000
Mounted Rock Breaker for MB856 Backhoe/loader - $24,000
3" Diaphragm Pump - $ 2,100
2" Centrifugal Pump - $1,300
Two (2) Gas powered Cut-off saws - $ 6,300
Two (2) tapping machines - $1,500
One (1) Trench shoring box - $ 6,500
One (1) Stationary cut-off saw - $ 350
Civic Facilities:
a. Facility Maintenance - $206,100
Refurbish Basketball Floor- $15,000
Economic Feasibility Study - $28,500
Civic Center Architectural Design Study- $10,000
Rendering of Proposed Civic Center Improvements -
$ 5,600
Concourse Improvements for Coliseum - $20,000
Coliseum Restroom Renovations - $20,000
Identification Kiosk - $10,000
Security System for Auditorium and Exhibit Hall - $12,000
Auditorium Stage Rigging Repairs- $15,000
Metal Storage Building - $45,000
Roof Replacement Inspection Services - $25,000
b. Equipment - $181,305
Three (3) Mobile Concession Carts - $50,000
Catering Smallware Purchase $ 6,015
Food Service Equipment for C~tering - $15,000
Rider/sweeper for Concourse, etc. - $10,000
Parking Lot Sweeper- $40,500
Auditorium Stage Monitoring System - $ 5,300
Dasher Boards for Indoor Football - $20,000
Stage Lights for Auditorium - $ 6,990
Five hundred (500) Folding Chairs - $27,500
Enterprise and Internal
Service Funds Total
$499,460.00
6
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lcrk@¢i,roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 27, 2000
File #132-137-467
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
The Honorable Clifton A. Woodrum
Member, House of Delegates
P. O. Box 990
Roanoke, Virginia 24005
Gentlemen:
I am enclosing copy of Resolution No. 35145-112000 adopting and endorsing a Legislative
Program for the City of Roanoke to be presented to the City's delegation to the 2001
Session of the General Assembly; and extending a cordial invitation to attend a joint
meeting of Roanoke City Council and the Roanoke City School Board on Monday,
December 4, 2000, at 12:15 p.m., in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., to discuss legislative matters. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
H:~Agenda.00\November 20 correspondence.wpd
The Honorable John S. Edwards
The Honorable A. Victor Thomas
The Honorable Clifton A. Woodrum, III
November 27, 2000
Page 2
pc:
William White, Sr., Chair, Legislative Committee, 3698 Partridge Lane, N. W.,
Roanoke, Virginia 24017
Melinda J. Payne, Chairperson and Members of the Roanoke City School Board
Thomas A. Dick, Legislative Liaison, 2227 Early Settlers Road, Richmond, Virginia
23235
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools/Legislative Liaison
Cindy H. Lee, Clerk, Roanoke City School Board
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
H:~,genda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35145-112000.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be
presented to the City's delegation to the 2001 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware of the
legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for
improving the efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program
to be advocated by the Council and its representatives at the General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated November
20, 2000, recommended to Council a Legislative Program to be presented at the 2001 Session
of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of RoanOke as follows:
1. The Legislative Program transmitted by report of the Legislative Committee,
dated November 20, 2000, is hereby adopted and endorsed by the Council as the City's official
Legislative Program for the 2001 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and
Delegates to the 2001 Session of the General Assembly to attend Council's meeting relating
to legislative matters, to be held at 12:15 p.m., on December 4, 2000.
ATTEST:
City Clerk.
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254!
Fax: (540) 853-1145
November 20, 2000
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda E Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 200;1 Legislative Program
Dear Mayor Si'nith and Members of Council:
On November 6, 2000, City Council's Legislative Committee met to review the
proposed 2001 Legislative Program. A copy of this Legislative Program is attached. After
careful review, the Committee recommends it to City Council for favorable action. The
School Board portion of the Program was approved by the School Board at its meeting on
November 13, 2000.
As Chair of the Legislative Committee, I wish to thank the other members of the
Committee who are Vice-Mayor Carder, Ms. Wyatt and Mr. Harris of this Council and Mr.
Wishneff and Mr. Charles Day of the School Board. We also wish to thank Tom Dick, our
Legislative Liaison, and Bill Hackworth, City Attorney, who coordinated and prepared this
Program.
Please put on your calendars for February 1,2001, the annual VML Legislative Day
in Richmond, and the dinner traditionally hosted by the City in conjunction with that
gathering.
As Chair of the Legislative Committee, I commend the Program to City Council for
its careful study and review. I am confident the members of the Council will agree that the
recommended Program will advance the legislative interests of the City and its people at the
2001 Session.
Re,restfully submitt
William White, Sr., Chair
Legislative Committee
H:~LEGISXL-hm2001 pro
The Honorable Mayor and Members
November 20, 2000
Page 2
WWSr/f
Attachments
CC~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Charles W. Day, Member, School Board
Brian J. Wishneff, Member, School Board
Dr. E. Wayne Harris, Superintendent
Richard L. Kelley, Assistant Superintendent
for Operations and Legislative Liaison
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
H:~LEGIS~L-hm2001 pro
2001
LEGISLATIVE PROGRAM
CITY OF ROANOKE
CITY COUNCIL
SCHOOL BOARD
Ralph K. Smith, Mayor
William F. Carder, Vice-Mayor
William D. Bestpitch
C. Nelson Harris
W. Alvin Hudson
William White, Sr.
Linda F. Wyatt
Melinda J. Payne, Chairman
Sherman Lea, Vice-Chairman
Charles W. Day
Marsha W. Ellison
Gloria Manns
Ruth Willson
Brian J. Wishneff
CITY MANAGER
SUPERINTENDENT
Darlene L. Burcham
E. Wayne Harris
William M. Hackworth
City Attorney
464 Municipal Building
Roanoke, VA 24011
540-853-2431
The City Council is pleased to commend this Legislative Program for consideration
by the 2001 Session of the General Assembly. The City Council, representing all the people
of our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. I am of the opinion that this Program is responsive to those
needs. With the support of our legislators, and this City is fortunate to have legislators who
are most supportive and responsive to the needs of our City and its citizens, I know that our
City government and School Division will be improved and that the quality of life for our
citizens will be advanced.
You will note that we have made a conscientious effort this year to pare our Program
down to the issues that we believe are of the most importance to the citizens of this City.
This Program is a combined Program for City Council and the School Board. The City
Council portion was prepared by the City's Legislative Liaison, Thomas A. Dick, and City
Attorney, William M. Hackworth, with the assistance of comments and suggestions from
Council members, City administrators and citizens. The School Board portion was prepared
by Richard L. Kelley, Assistant Superintendent for Operations, who serves as Legislative
Liaison for the School Division, with the assistance of advice and comments from the School
Board and administrators. The entire Program has been carefully reviewed by City Council's
Legislative Committee consisting of Chairman William White, Sr., Vice-Mayor William H.
Carder, C. Nelson Harris, Linda F. Wyatt, Brian J. Wishneffand Charles W. Day. Upon the
recommendation of the Legislative Committee, the Program was adopted and endorsed by
City Council on November 20, 2000. See Resolution No. -112000, a copy of which
is attached.
If during the course of the Session our legislators have questions concerning the
position of the City or School Board on legislative matters, they are encouraged to contact
the Legislative Liaison for the City or School Board, who I know will be pleased to respond
after consultation with appropriate officials. I also know that representatives of the City and
School Board will be in contact with our legislators on many occasions during the 2001
Session, and their consideration of these communications is deeply appreciated.
Ralph K. Smith
Mayor
2001 l,e islative Pro,ran-_
Le~i,~l~tive Pri~ritie~ nf the Ci~
1. City Charter Revisions - City Charter revisions are needed that the General Assembly must
approve, in order to update the Charter and to modernize the powers of the City. The Charter has
not been comprehensively updated since 1952.
2. Education Funding - Roanoke City is spending $25 million more than is "~'equired' to meet
the State Standards of Quality (SOQs). The State should fully fund the cost of education as needed
to meet the SOQs and provide a permanent funding source for school capital construction.
3. Redevelopment Initiatives - Roanoke City opposes efforts, such as House Bill 1145,
continued from the 2000 Session, to limit redevelopment initiatives of housing authorities by
placing certain time restrictions on properties to be acquired wit?~ redevelopment areas. The City
also opposes further restrictions on the eminent domain powers of State and local governments.
4. Aircraft Taxation and Incentives - Roanoke City supports tax incentives that would provide
encouragement for aircraft to be located at Virginia airports. Section 58.1-1500 of the State Code
should be amended to reduce the States tax on the sale of aircraft in the Commonwealth. Any
resulting reduction in revenues should be replaced with State general fund dollars.
5. Blight Remedy - Weed and Grass Removal Notice - Roanoke City requests an amendment to
§ 15.2-901 of the State Code to require only one notice during the growing season prior to entering
a property to cut back weeds and grass and placing a lien upon the property for the cost of doing
so.
6. Support for Virginia First Cities Coalition - As a member of Virginia First Cities, a group
of 13 of the State's older cities, Roanoke City supports the broad legislative objectives of this
coalition, including:
Return ora percentage of the state income tax to local governments using a formula based
upon wage location, residence and a uniform base amount, with wage location as the
primary factor.
· Return funding responsibility to the State for the following services: jails, sheriff, health,
social services, courts, CSA, mass transit, and constitutional officers.
· Correct the disparities in the composite index to more accurately reflect local ability to
fund education.
· Increase State support for the physical revitalization of older cities through better allocation
of resources and development of an urban policy.
7. First Cities Legislative Initiatives - Additionally, Roanoke City supports legislation to:
· Update the Enterprise Zone authorization beyond the current sunset date, give priority for
new zone creation to urban areas with revitalization needs and raise the cap on tax credits
for rehabilitation fi.om $125,000 to $250,000.
· Provide funding ($10 million each) for Housing Revitalization Zones and for the Urban
Public-Private Redevelopment Fund.
· Create a JLARC study on the local fiscal impact of financing the State court system.
· Support increased urban transportation funding that would correct the inequities in the
urban street maintenance formula and amend the mass transit funding formula to reflect the
same percentage of State funding as highways.
Board l,euislative Priorities
The major legislative priorities of the Roanoke City School Board are for the State to:
· Improve its share of funding for public education.
· Provide incentives for the recruitment and retention of teachers and principals.
· Maintain local governance over K-12 educational and administrative issues.
· Support standards and consequences for school accreditation that are non-punitive in nature.
· Address student safety and discipline issues through additional funding and program support.
· Enhance the State's support of school capital outlay projects through a permanent funding
source for school construction and debt service requirements.
Roanoke City endorses the School Board Legislative Program in its entirety and attaches and
incorporates it into the City Legislative Program.
l,e~ui.qlation the City Would
Roanoke l-liaher Fdnnation Authnritv
Roanoke City requests authority for localities and political subdivisions of the Commonwealth to
make gifts, grants and donations directly to the Roanoke Higher Education Authority to more
efficiently provide necessary support.
Dangernu.q Weapons nn Public Prnperty
Roanoke City supports the enactment of enabling legislation clarifying that local governments are
authorized to prohibit the carrying of dangerous weapons in any publicly owned or leased building or
property.
Rlioht Related Remedie.q
Roanoke City supports several important remedies to the problem of urban blight:
· The General Assembly should amend § 15.2-1127 of the State Code to increase the current
small registration fee of $25 for vacant buildings to $500 to assist localities in addressing the
additional costs of fire, police and inspection activities related to vacant properties.
· The State should streamline the legal process applicable to sale of properties on which
delinquent taxes are owed so that these properties can be transferred to responsible ownership
more expeditiously and less expensively.
· The City seeks an amendment to 515.2-2119 to clarify that it and other localities have the
authority to place a lien against real estate for unpaid water bills.
· The City requests authority to provide for inspections of rental property (536-105) in areas
other than conservation and rehabilitation districts and sections designated as spot blight areas.
· The City supports legislation that would amend 536-49.1:1 of the Code of Virginia so that
localities can use spot blight abatement procedures within conservation and redevelopment
areas.
Research and Development Tax Credit
In 1999 the General Assembly passed HB 1667 to create a research and development tax credit up to
15% spent by a taxpayer on eligible research and development activity. The 2000 General Assembly
did not re-enact the provision as required. Roanoke City supports final passage of this measure.
Telecommunications Tax Collections
Localities are losing tax revenues provided for under existing law from telecommunications firms that
begin new service in a locality but never notify that locality that they are operating. Roanoke City
supports legislation to require each telecommunications company to notify each locality that they are
doing business in that locality.
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 City remains concemed with the cumulative effect 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 City 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 governments alone.
Additionally, the State should pay a greater share of the costs of education and other essential 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.
Policy Poaitions
Cnmmi~ginnq to ,ql~dv I x~cal Government Needs
Some of the work pr(~duct of the Commission on the Condition and Future of Virginia's Cities is now
being considered by other entities. The Advisory Commission on Intergovernmental Relations is
evaluating Cities Commission recommendations. The State and Local Tax Structure Commission is
reviewing local government revenue issues raised during the Cities Commission deliberations.
Roanoke City recognizes the need for review of these important issues but urges that useful results of
the studies actually be implemented by the legislature so their benefits will finally be realized.
~tate ~nppnrt far Cnltnr~l A~eneie~ and Aetivitie×
Institutions such as Center in the Square and its constituent agencies, the Virginia Museum of
Transportation and the Commonwealth Games all attract tourists to the region and help support the
economy. City Council is appreciative of the legislature's partial funding of regional cultural
institutions and regional events and urges such funding be continued. Additional funding sources such
as "asset districts"of one or more localities where additional sales tax revenues could be designated to
help fund these entities and programs should be explored.
Mental Health Flmding
The State should expand its scope of mental health services to include those with traumatic brain
injuries. The State should provide additional funding to operate a comprehensive mental health
facility in the western part of the State. Additionally, special consideration should be given to meeting
mental health needs that fall under the jurisdiction of the court system.
Transpnrtation (lneludin£ Mas.~ Transit) Fnnding
Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation system
viable. In addressing transportation needs, the General Assembly should consider: adjusting fund
sources, such as the motor fuels tax, to keep pace with inflation; imposing moderate increases in state
transportation-related taxes and fees; authorizing more options for long-term financing for major
projects; authorizing the creation of regional transportation districts; seeking equity among various
road users by ensuring that trucks pay their proportionate share of road costs and promoting mass
transit solutions on a regional and statewide basis.
Interstate. 7~
Roanoke City supports the construction of 1-73 as an important element in the economic future of the
region. The construction of the highway would strengthen both interstate and intrastate commerce and
provide direct economic benefits to the Commonwealth.
TransDnmininn F. xpre~8
Roanoke City supports the proposal to extend passenger mil service fzom Bristol through Roanoke and
on to Lynchburg and then to Washington, D.C. and Richmond, VA. The 2000 General Assembly
provided $9 million in preliminary funding for this important economic development initiative. The
City supports the additional State funding necessary to place the service into operation.
~qtandnrds tear Aclnlt Hnme~
The State should raise its standards for adult homes to more fully reflect the care needed for this
population segment. Additionally, the State should improve funding for adult homes, particularly for
indigent care.
Znnin£ F)istrletS
Roanoke City opposes any legislation that would restrict present land use powers of local governments
to establish, modify and enforce zoning classifications. Local governments should remain free to
adopt and enforce zoning changes that address local land use needs. The City opposes any legislation
that would limit local government regulation of historic zoning districts and its ability to accept
proffered conditions in rezonings that relate to building features and materials, such as that being
considered pursuant to HJ-R 253, passed during the 2000 General Assembly.
ROANOKE CITY PUBLIC SCHOOLS
LEGISLATIVE PROGRAM--FY2000-2002 BIENNIUM
Updated Fall 2000
State Standards
Aggressive standards for the accreditation of public
schools have been implemented by the Commonwealth of
Virginia. The standards will be fully implemented with the
class of 2004 (present ninth grade students). The new
standards .provide high expectations for students and
schools in order for schools to be accredited and for
students to graduate from high school. The standards
are based on a rigorous testing program that makes
schools and teachers accountable for student
achievement.
Roanoke City Public Schools' Legislative :[ssues
The Roanoke City Public Schools' updated legislative
program for the 2000-2002 Biennium addresses the State
initiatives necessary to assist urban school districts in
meeting and exceeding the State accreditation standards.
The School Board's emphasis on student promotion and
intervention will be the foundation for raising school and
student performance to the State standards. The School
Board's legislative agenda identifies progressive
legislative strategies and outcomes that are crucial to
meeting the District's educational goals and the public's
expectations for student success.
The Roanoke City School Board and Superintendent
have established high expectations and standards for
schools and students to achieve during the next three
years. The objectives include: 1) ]:mproving student
achievement and focusing on student reading skills; 2)
]:ncreasing the student-attendance rate; 3) ]:mproving
physical education scores on the State test; 4)
Decreasing the student drop-out rate; 5) ]:ncreasing staff
accountability for student performance; and 6)
Maintaining the competitiveness of employee salaries.
During the first year of the current Biennium, five
Roanoke City schools met the new State accreditation
standards. Every Roanoke City school improved on at
least one SOL test. The Roanoke Valley's legislative
team is to be commended for its exceptional work in
securing additional State funding for education that is
greatly assisting the City schools in our initiatives to meet
the State standards.
The efforts of area legislators have resulted in an
increase of over $7.2 million in new State funding since
:~998-1999. The additional State funds are being
provided to: 1) Further reduce class size at the primary
grade level; 2) Raise teacher salaries; 3) Reduce student
absenteeism and truancy; 4) Provide student
intervention and teacher training to meet the State
Standards of Learning (SOLs); and 5) Assist with the cost
of renovating and modernizing older school facilities.
The Roanoke City School Board's updated legislative
package for the 2000-2002 Biennium asks that the
General Assembly continue to improve the State's share
2
of funding the Standards of Quality and Standards of
Accreditation.
School Board Leqislative Priorities
The legislative .priorities of the Roanoke City School
Board are for the State:
To improve its share of funding public
education
To provide incentives for the recruitment and
retention of teachers and principals
To maintain local governance over K-12
educational and administrative issues
To support standards and consequences for
school accreditation that are non-punitive in
nature
To address student safety and discipline issues
through additional funding and program
support, and
To enhance the State's support of school capital
outlay projects through a permanent funding
source for school construction and debt service
requirements
3
The Governor and General Assembly have made public
education a priority in the Commonwealth; however,
State funding for education has declined from slightly
more than 50% of the total State budget for the 1976-78
Biennium to about 37% of the State budget during the
current Biennium. Legislative actions taken by the State
during the current Biennium have substantially increased
the State's funding commitment to public education.
Such legislative attention must continue. Public surveys,
both at the State and local levels, indicate the public
believes the legislature should continue this emphasis on
educational initiatives and funding.
The General Assembly has directed the Joint
Legislative Audit and Review Commission (.]LARC) to
examine State funding for meeting the State Standards of
Quality ($OQ) and new accreditation standards. State
funding for implementing the SOQ and meeting
accreditation standards is inadequate in the areas of
teacher salaries, instructional materials and equipment,
student testing and remediation, teacher inservice, and
technology. The General Assembly is urged to increase
the State's share of funding public education and make
this issue its top priority.
The General Assembly should continue its emphasis
on reducing disparity as it relates to student
performance. State incentive programs for reducing
class size and educating preschool age children should
continue to be expanded. Roanoke City has taken
advantage of both of these State incentive programs. All
19 of its 21 elementary schools eligible to participate in
4
the primary class size initiative are participating in the
program, while 10 preschool classes have been added in
the last four years.
The State should improve its share of funding public
education by increasing the State's share of financial
support in the following areas:
Averaqe Teacher Salary - The State Basic Aid
formula for average teacher salaries is $5,800 less
than the actual average salary in Roanoke City. The
cost to Roanoke City is $6.35 million in additional
local funds.
School Staffinq Ratios - The average class size for
grades 4 & 5 in Roanoke City is :~8 to I but the State
formula only supports a ratio of 25 to 1. ]:t costs an
additional $1.5 million in local funds to support lower
class sizes.
Preschool Programs -The State should fund
preschool programs at a level which serves 100% of
the eligible preschool age population rather than
60% of the eligible preschool age population.
Truancy Programs - Visiting teachers must be
included in the Standards of Quality since they are
essential to Roanoke City's truancy prevention
programs. The locality expends $350,000 in funds to
support this position.
Alternative Education - State funds provide support
for only 10% of the program's cost. The remaining
costs amounting to $1.1 million are funded by the
school district.
School Resource Officers - The Standards of Quality
should include School Resource Officer positions.
The Roanoke City Schools now
these positions with no funding
State.
expend $256,000
support from the
for
School Security Equipment - No funds are provided
from the State for-school security equipment (e.g.,
video monitors, metal detectors, and radios). The
State should provide a minimum of $10 per pupil for
the purchase of such equipment.
Most school districts in the State have experienced
severe problems in the recruitment of teachers and
school principalsi The State should provide incentive
funds to attract and retain teachers and principals.
The incentives would include: :[) Scholarships for
instructional aides and other support personnel who wish
to obtain a teaching degree; 2) ]:nternships for high
school and college students to acquaint them with
teaching as a profession; 3) Pay differentials for teachers
and principals working in schools with a high percentage
of at risk students; 4) Financial incentives for new
teachers including relocation and signing bonuses,
interest free loans for home purchase, and tax exemp-
tions for teachers and principals working in schools
located in economic enterprise zones.
The State has set school and student
accountability as a priority. ~[n response to the new
State standards, the School Board has adopted a school
incentive program that relates its objectives to
measurable standards for schools and students. The
State Department of Education has adopted accreditation
standards based on student test performance that may
6
result in schools losing their accreditation status. The
General Assembly is encouraged to ensure that the
consequences of not meeting accreditation standards are
not punitive for both schools and students.
The State has directed a substantial portion of State
Lottery profits to school construction needs. Despite the
infusion of these new funds, Roanoke City still faces a
large deficit in meeting its future requirement for
school construction which totals $95.0 million.
These capital projects include elementary school
renovation, additional classrooms and physical education
facilities, instructional technology, and air conditioning
improvements. IVlajor renovation of the City's two high
schools will be required starting in FY2005. State capital
funds through the State Literary Loan Fund are available
to fund only 17% of the total requirement.
Statewide, over $6.2 billion in school capital
requirements exists with only about $4.0 billion
available to meet these needs. The General Assembly
should adopt legislation to create an education
infrastructure trust fund to finance direct grants for
school construction needs using State Lottery proceeds.
Standards of Learnino
The State Department of Education has implemented
a comprehensive set of learning standards for students
and accreditation standards for schools. The Standards
of Learning combined with the Standards of Accreditation
are the basis for~a system of school and student
7
accountability. The General Assembly should review
these standards to address the following issues:
School improvement should be evaluated over time
based on continuous progress, with additional
funding assistance-provided to schools based on the
need for teacher professional development and
student intervention services.
School accreditation should be based on a
combination of factors which, at a minimum, should
include mastery of the Standards of Learning (SOL)
and compliance with standards that are actually
funded by the State.
The Standards of Quality ($OQ) and accreditation
must be adequately funded by the General Assembly
to include teacher training, instructional materials
and textbooks, testing services, and instructional
equipment and technology.
Pupil Services
Legislative actions related to pupil services issues
must be oriented to improving student achievement and
reducing educational disparity. The State must assume a
larger role in funding school security and safety
requirements. Localities must retain flexibility in dealing
with issues regarding student placement and a student's
school attendance. Issues of concern include the
following:
State funding for truancy and absenteeism programs
8
should be enhanced through the inclusion of visiting
teachers in the Standards of Quality at the rate of
one per every 500 students.
The State should fund at least 50% of the Iocality's
cost for alternative education and should provide for
the funding of multiple sites within a school district.
Alternative education funding provided by the State
should recognize the high cost of transportation and
facility services needed to support the program.
State funding must be provided for the assignment
of a school resource officer to every secondary
school through the inclusion in the Standards of
Quality of one resource officer per middle school and
one per every 500 students at the high school level.
School security equipment including two-way
communication between school offices and
classrooms, video monitors, metal detectors, and
radios/cellular telephones should be funded by
the State. At minimum, each school in the Common-
wealth should receive $10 per pupil for security
related equipment.
Localities must retain flexibility in the educational
placement required by the State for suspended or
expelled students.
Roanoke City now employees :L2.5 FTE school nurses
with local funds. The State should fund student
health related services on the basis of one nurse for
every 1,000 pupils in membership.
9
Roanoke City offers both :International Baccalaureate
(]:B) and Advanced Placement (AP) programs. The
State should provide an incentive of $300 per pupil
to each school district for any student who scores a
four (4) or above on an ]:B exam or a three (3) or
above on an AP exam.
Construction and Technoloqy
The maintenance and construction of school facilities has
reached a crisis situation in Virginia with over 65% of all
buildings being over 25 years old. Local funds to resolve
the crisis are not readily available, and State funding
through the Literary Fund does not have the capacity to
support the immediacy of the requirement. Technology
dictated by the new Standards of Learning requires a
massive infusion of new equipment and retooling of
facility infrastructures. Additional technology personnel
are required to assist schools with technology operations
and training. The General Assembly is urged to address
construction and technology issues as follows:
The funding capacity of the Literary Fund must be
restored and protected over the next two Biennia in
order that additional capital funds may be loaned to
localities.
The State maintenance fund should be continued and
increased from its present level by $10 per pupil for
each year of the next two Biennia. The present level
of funding is $:~5 per pupil.
10
A permanent education infrastructure trust fund
should be created to provide direct construction
grants to schools in order to address the current
crisis for building modernization and to provide for
the additional classrooms required by State
initiatives for smaller classes.
Student technology ,requirements required by the
new Standards of Learning should be incorporated
into the Standards of Quality in order that funding
may be secured for these requirements. The
Standards of Quality should include a minimum of
one technology assistant for every-school.
School Governance
Local control and flexibility in school operations is a
priority for school boards if the State expects
accountability standards to be meaningful and achievable
by schools and students. Such flexibility involves
management of school finances without mandates to
relinquish control to the local governing body.
Governance issues of legislative concern during the next
legislative session include the following:
The local school board should have control over the
school calendar and the opening and closing dates
for the school year.
The present system of State waivers for school
accreditation standards should be retained and
expanded.
11
Local school boards must maintain control over the
establishment and operation of charter schools as
provided for in legislation adopted during the current
Biennium.
Drug testing of students and school personnel should
be a local option and not mandated by the State.
Local school
regulate the
students on
boards should retain the right to
use of non-prescription drugs by
school property.
A State study should be conducted on
length of the school year and
conjunction with intervention
assist schools in meeting the
Accreditation.
increasing the
school day in
programs designed to
Standards of
State funding should be continued for the Standards
of Quality regarding elementary guidance counselors
and reading teachers where the Virginia Department
of Education has revised the mandate.
The State should not provide tax credits to parents of
children enrolled in private schools or tax credits for
donations to fund scholarships for the attendance of
children at private schools.
Governor's School Proqram
A total of nine Governor's Schools now serve 3,400
students statewide. Prior to the 1998-2000 Biennium,
12
State funding for ongoing Governor's Schools had been
frozen since 1992 at $2,765 per pupil. During the
current Biennium, per pupil funding for ongoing
Governor's Schools has been increased to $3,:L85. Tt is
imperative that the State continue to increase per pupil
funding for the Governor's Schools at an annual rate of
increase equivalent to the annual rate of increase in per
pupil cost as computed for the State Standards of
Quality.
13
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.manoke.va, us
November 27, 2000
File #27-57-60-514
STEPHANIE M. MOON
Deputy City Clerk
Don Dye, Vice-President
J. P. Turner and Brothers, Inc.
P. O. Box 20041
Roanoke, Virginia 24018
Dear Mr. Dye:
I am enclosing copy of Ordinance No. 35147-112000 accepting the bid of J. P. Turner and
Brothers, Inc., for installing approximately 900 feet of H.D.P.E. storm drain pipe and
concrete curb along Summit Drive, in the amount of $174,686.50, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and rejecting all other bids made to the City for the
work. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc:
Darlene L. Burcham, City Manager
D. Darwin Roupe, Acting Director, Department of General Services
Philip C. Schrimer, City Engineer
Barry L. Key, Director, Department of Management and Budget
H:~genda.00\November 20 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
lelcphone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
NOvember 27, 2000
File #27-57-60-514
STEPHANIE M. MOON
Deputy City Clerk
Aaron J. Conner, General Contractor, Inc.
S. C. Rossi & Co., Inc.
E. C. Pace Co., Inc.
Jack St. Clair, Inc.
Gentlemen:
I am enclosing copy of Ordinance No. 35147-112000 accepting the bid of J. P. Turner and
Brothers, Inc., for installing approximately 900 feet of H.D.P.E. storm drain pipe and
concrete curb along Summit Drive, in the amount of $174,686.50, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and rejecting all other bids made to the City for the
work. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, November 20, 2000.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
'preciation for submitting your bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
H:~,genda.00\November 20 correspondence.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGrNIA,
The 20th day of November, 2000.
No. 35147-i12000.
AN ORDINANCE accepting the bid of J.P. Turner and Brothers Incorporated for installing
approximately 900 feet of H.D.P.E storm drain pipe and concrete curb along Summit Drive, 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.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of J.P. Turner and Brothers Incorporated, in the amount of $174,686.50, for
installing approximately 900 feet of H.D.P.E. storm drain pipe and concrete curb along Summit
Drive, as is more particularly set forth in the City Manager's report dated November 20, 20'00, to this
Council, such bid being in full compliance with the City's plans and specifications made therefor and
as provided in the contract documents offered the bidder, which bid is on file in the Purchasing
Department, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, the contract to be in such form
as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the work are hereby REJECTED, and the
City Clerk is directed to notify each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #27-57-60-514
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35146-112000 amending and reordaining certain
sections of the 2000-2001 Capital Projects Fund Appropriations, providing for the transfer
of $200,890.00, in connection with installation of approximately 900 feet of H.D.P.E. storm
drain pipe and concrete curb along Summit Drive. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
D. Darwin Roupe, Acting Director, Department of General Services
Philip C. Schirmer, City Engineer
Barry L. Key, Director, Department of Management and Budget
HSAgenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2000.
No. 35146-112000.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the
City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Sanitation $ 2,215,901
Summit Hills Drainage Project - Phase I (1-2) ......................232,725
Capital Improvement Reserve $ 5,448,346
Public Improvement Bonds - Series 1996 (3-4) .................... 245,742
Public Improvement Bonds - Series 1999 (5) ...................... 7,284,687
1 ) Appropriated from
1996 Bond Funds
2) Appropriated from
1999 Bond Funds
3) Storm Drains
4) Streets and Sidewalks
5) Streets and Sidewalks
(008-052-9695-9088) $ 189,443
(008-052-9695-9001)
(008-052-9701-9176) (
(008-052-9701-9191) (
(008-052-9709-9191) (
11,447
137,995)
51,448)
11,447)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke City Council
Regular Agenda Report
November 20, 2000
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Bid Committee Report
Summit Hills Storm Drainage Project - Phase I
Project No. 6469, Bid No. 00-09-73
Background:
Drainage problems have existed for many years along Summit Drive within the Edgewood-
Morwanda Summit Hills Neighborhood. These problems have included some flooding of
residences along Summit Drive. This project received a high priority rating and funding
was established in the 1997 Bond Referendum.
Considerations:
Competitive bids for the Summit Hills Storm Drain Project - Phase I were opened on
Tuesday, October 24, 2000. J.P. Turner and Brothers Incorporated, 3862 Buck Mountain
Road, Roanoke, Virginia 24014, submitted the lowest base bid in the amount of $190,867
to install approximately 900 feet of concrete storm drain pipe and concrete curb along
Summit Drive. J.P. Turner and Brothers Incorporated also submitted the lowest alternate
bid for H.D.P.E. storm drain pipe in the amount of $174,686.50. Due to the cost savings,
the alternate bid is proposed for this project.
A 15% project contingency of $26,203.00 is also needed.
Funding is available in drainage and curb and gutter bond accounts to fund the proposed
project.
Recommended Action:
Accept the alternate bid as set forth above and authorize the City Manager to execute a
contract for the above work with J.P. Turner and Brothers Incorporated, in a form
acceptable to the City Attorney, in the amount of $174,686.50 with a project contingency
of $26,203.00, and one hundred eighty (180) days of contract time. Reject all other bids
received.
Authorize the Director of Finance to transfer the following amounts to a project account
entitled "Summit Hills Storm Drain Project - Phase I" to fund the construction contract and
provide for a project contingency:
Bid Committee Report
Summit Hills Storm Drain Project- Phase I
Project No. 6469, Bid No. 00-09-73
November 20, 2000
Page 2
Public Improvement Bonds Series 1996
Account number 008-052-9701-9191 (Streets)
$ 51,448.00
Public Improvement Bonds Series 1999
Account number 008-052-9709-9191 (Streets)
11,447.00
Public Improvement Bonds Series 1996
Account number 008-052-9701-9176 (Storm Drains)
137,995.00
Total
$200,890.00
Respectfully Submitted,
William H. Carder
W. Alvin Hudson
Philip C.'Schirmer
I concur in the recommendation of the bid committee and recommend it to you for
approval.
Respectfully submitted,
City Manager
DLB/PCS/bls
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
D. Darwin Roupe, Acting Director of General Services
# 00-188
ATTACHMENT
TABULATION OF BIDS
SUMMIT HILLS STORM DRAIN PROJECT - PHASE I
PROJECT NO. 6469
BID NO. 00-09-73
Bids were opened by D. Darwin Roupe, Acting Director of General Services, on Tuesday,
October 24, 2000, at 2:00 p.m.
J.P. Turner and Brothers Incorporated $190,867.00 $174,686.50
Aaron J. Conner, General Contractor, Inc. $244,217.00 $226,393.00
Jack St. Clair, Inc. $256,144.65 $241,806.25
S.C. Rossi & Company, Inc. $270,000.00 $270,000.00
E.C. Pace Company, Inc. $337,311.00 $327,469.00
Office of the City Engineer
Roanoke, Virginia
November 20, 2000
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC ~
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #5-24-121
Darlene L. Burcham
City Manager
Roanoke, Virginia
The Honorable George M. McMillan
Sheriff
Roanoke, Virginia
Dear Ms. Burcham and Sheriff McMillan:
I am attaching copy of Ordinance No. 35115-112000 amending the Code of the City of
Roanoke (1979), as amended, by adding a new Section 23-7, Employment of Off-Duty
Police Officers and Sheriff's Deputies, Article I, In General, of Chapter 23, Police; to
confirm the existence of law enforcement powers and authorities of police officers and
deputy sheriffs during periods of off-duty employment, effective January 1, 2001. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, November 6, 2000, also adopted by the Council on
second reading on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
H:XAgenda.00\November 20 correspondence.wpd
Darlene L. Burcham
November 27, 2000
Page 2
pc:
The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
District Court
The Honorable
District Court
The Honorable
Court
The Honorable
Court
Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia
Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia
Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
Philip Trompeter, Judge, Juvenile and Domestic Relations District
Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Transmitted by E-mail to Municipal Code Corporation
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Building,
Judy B. Pate, Senior Deputy Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Steven J. Talevi, Assistant City Attorney
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
H:~Agenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35115-112000.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding
a new {}23-7, Employment of 0ff-Duty Police Officers and Sheriff's Deputies, Article I, Ir~ General,
of Chapter 23, Police; to confirm the existence of the law enforcemem powers and authorities of
police officers and deputy sheriffs during periods of off-duty employmem; and providing for an
effective date.
WHEREAS, police officers and sheriff's deputies of the City of Roanoke are vested with
certain law enforcement powers and authorities by the Code of Virginia, and by the Roanoke City
Charter; and
WHEREAS, the law enforcement powers and authorities vested in Roanoke police officers
and sheriff's deputies by the Code of Virginia and the Roanoke City Charter include the power and
duty to enforce the criminal laws of Virginia and the ordinances of the City, whether or not during
service on an assigned duty shit~ or while employed by another entity off-duty; and
WHEREAS, S~'tion 15.2-1712 of the Code of Virginia authorizes but does not require cities
to adopt an ordinance which permits tho law enforcemem officers to engage in off-duty employmem
which may occasionally require the use of police powers with which they are already vested; and
WHEREAS, the intent of this ordinance is to confirm the existence of the law enforcemem
powers and authorities of police officers and sheriff's deputies during periods of off-duty
employment.
lt:XM~Xs~l~ atrnadm~t offdutlt ~ otlll~
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained by the addition of a new, §23-7, Employment of Off-Duty Police Officers and Sheriff's
Deputies, Article I, In Qeneral, of Chapter 23, Police to read and provide as follows:
{}23-7.
Employment of Off-Duty Police Officers and Sheriff's Deputies.
Upon individual application to, and approval by the Chief of Police or the Sheriffof
the City, police officers and sheriff's deputies may engage in off-duty employment,
including employment which may occasionally require such officers to use their police
powers in the performance of such employment. The Chief of Police and the Sheriff
are hereby authorized to promulgate rules and regulations applying to such off-duty
employment of their respective employees.
2. This ordinance shall be in effect on and after January 1, 2001.
ATTEST:
City Clerk.
H:~l~d~ ~mSm~r~ off ~
Roanoke City Council
Regular Agenda Repl)iYt
November 6, 2000
5.a.2.
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Private Duty Police Work
Background:
The Virginia Department of Criminal Justice Services has recommended that the City enact
an ordinance authorizing law enforcement officers to engage in off-duty employment which
may occasionally require the use of their police powers in the performance of such
employment. This requirement is based on Section 15.2-1712 of the Code of Virginia
(1950), as amended (copy attached). Adoption of the ordinance will empower the Chief
of Police and Sheriff to promulgate administrative rules which apply to private duty police
work within the City. A set hourly rate for off-duty work will be established by the Chief and
Sheriff, with the private employer being billed for the hours and FICA. With the adoption
of the ordinance, the City will utilize the existing payroll system and a separate earnings
code to process the monies paid to the City for off duty police work that is not on the
private employer's payroll.
Currently, some police officers and Sheriff's deputies perform off-duty law enforcement
work for private businesses on a cash payment basis for sporadic work with approval of
their respective department. With the introduction of this system, all personnel doing police
work off duty will be paid either through the private business' payroll or the City's payroll.
For other than sporadic work, officers will be encouraged to utilize the outside employer's
payroll. As in the current system, worker's compensation and liability issues will be
addressed on a case-by-case basis. When all the salaries paid to officers for off duty work
are processed through a payroll system, the requirements of the Department of Criminal
Justice Services will be satisfied.
Considerations:
The City, private business and the citizenry benefit from private duty police work conducted
throughout the City. This program places many police officers and sheriff's deputies at
various business locations and private functions. It allows officers to develop additional
relationships with business owners, customers, and citizens. Business owners and citizens
want the opportunity to hire law enforcement officers who will be able to give their complete
attention to the security of the employer's property or customers. Through the efforts of
these off duty officers, many shoplifters and other offenders are arrested and brought
before the courts. By their presence, the officers deter many criminal acts.
Mayor and Members of City Council
Subject: Private Duty Police Work
Page 2
The City Attorney has prepared Ordinance 23-7 to be added to the Code of the City of
Roanoke authorizing the Chief of Police and Sheriff to promulgate administrative rules
which apply to off-duty work which may require the occasional use of police powers. With
the adoption of the ordinance and dissemination of the appropriate written regulations, an
improved system of internal control will be put into operation.
Recommended Action:
City Council add a new Section 23-7 to the Code of the City of Roanoke effective
January 1, 2001.
Darlene L. Burch~._~
City Manager
Attachment: 1
CC:
City Clerk
City Attorney
Director of Finance
Assistant City Manager for Community Development
Chief A. L. Gaskins, Police
George McMillan, Sheriff
00-446
Attachment 1
§ 15.2-1712. Employment of off-duty officers.
Notwithstanding the provisions of §§ 2.1-639.1 through 2.1-639.24, any locality may adopt
an ordinance which permits law-enforcement officers and deputy sheriffs in such locality
to engage in off-duty employment which may occasionally require the use of their police
powers in the performance of such employment. Such ordinance may include reasonable
rules to apply to such off-duty employment, or it may delegate the promulgation of such
reasonable rules to the chief of the respective police departments or the sheriff of the
county or city.
5.a.2.
Major Charles I. Poff, Jr.
Chief Deputy
(540) 853-1821
Captain David A. Blevins
Jail Security Commander
(540) 853-1750
Sheriff George M. McMillan Captain Paul D. Barrett
P.O. Box 494
Roanoke, VA 24003
(540) 853-2941 Fax (540) 224-3178
E-mail: sheriff@ ci.roanoke.va.us
Intemet: http://www.ci.roanoke.va.us/depts/sheriff/
Court Services Commander
(540) 853-2580
Captain James M. Brubaker
Services Commander
(540) 853-2056
November 6, 2000
Honorable Mayor Ralph Smith and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council
Subject:
Ordinance for Off-Duty Work by Police Officers and Deputy Sheriffs
I would like to concur with the City Manager's request that City Council adopt an ordinance
allowing the Chief of Police and the Sheriff to establish policy and procedures regulating the off-
duty law enforcement work performed by our respective employees. Such an ordinance is
necessary to ensure compliance with the Code of Virginia by both our agencies and is in the best
interest of the City, its citizens, and our agenices.
Respectfully submitted,
GeorgeM. McMillan
Sheriff
Darlene Burcham, City Manager
William Hackworth, City Attorney
A NATIONALLY A CCRED1TED SHERIFF'S OFFICE
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35148-112000.
A RESOLUTION changing certain times and places of commencement for regular meetings
of City Council scheduled to be held Monday, December 4, 2000 and Monday, December 18, 2000.
WHEREAS, Council Chambers, in the Municipal Building, at 215 Church Avenue, S. W.,
has been undergoing extensive remodeling, and altemative meeting places for City Council meetings
are necessary until the remodeling has been completed.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. For the City Council meetings regularly scheduled to be held at 12:15 p.m., and 2:00
p.m-., on December 4, 2000, and 12:15 p.m., 2:00 p.m., and 7:00 p.m., on December 18, 2000, the
following schedule of times and places are hereby established for the commencement and location
of these meetings:
DATE OF MEETING TIME PLACE OF MEETING
December 4, 2000 12:15 p.m. Emergency Operations Center
1 st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Governor's School Lecture Hall,
Patrick Henry High School
2102 Grandin Road, S. W.
December 18, 2000 12:15 p.m. Emergency Operations Center
1 st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Governor's School Lecture Hall,
Patrick Henry High School
2102 Grandin Road, S. W.
7:00 p.m. Governor's School Lecture Hall,
Patrick Henry High School
2102 Grandin Road, S. W.
2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent
it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to
the doors of the Council Chambers and that it be advertised in a newspaper having general
circulation in the City at least seven days prior to December 4, 2000, and at least seven days prior
to December 18, 2000.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #87-184
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35149-112000 closing certain City offices on
Tuesday, December 26, 2000, and providing for additional holiday leave for all City
employees. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, November 20, 2000.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Robert H. Bird, Municipal Auditor
George C. Snead, Jr., Assistant City Manager for Community Development
James Grigsby, Chief, Department of Fire/EMS
Kenneth S. Cronin, Director, Department of Human Resources
H:XAgenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35149-112000.
A RESOLUTION closing certain City offices on Tuesday, December 26, 2000, and providing
for additional holiday leave for all City employees.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. City offices that are not engaged in performing emergency services or other
necessary and essential services of the City shall be closed on Tuesday, December 26, 2000.
2. City personnel who are not engaged in performing emergency services or other
necessary and essential services for the City shall be excused from work for eight hours on Tuesday,
December 26, 2000.
3. With respect to emergency service employees and other employees performing
necessary and essential services who cannot for reasons of public health, safety or welfare be
excused from work on Tuesday, December 26, 2000, such employees, regardless of whether they
are scheduled to work on Tuesday, December 26, 2000, shall be accorded equal time off at a later
date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve
hours of holiday time due to their work schedule.
4. Adherence to this resolution shall cause no disruption or cessation of the performance
of any emergency, essential or necessary public service rendered or performed by the City.
ATTEST:
H:LMEASURES~R-HOLI. 5
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35136-112000.
A RESOLUTION naming Lawrence Harrison Hamlar Citizen of the Year 2000 for the City
of Roanoke.
WHEREAS, Mr. Hamlar is a native of Roanoke, having graduated from Lucy Addison
High School and having received his undergraduate degree from Virginia State College. He
attended the Gupton-Jones College of Mortuary Science before co-founding in 1952 the Hamlar-
Curtis Funeral Home, which is located in northwest Roanoke.
WHEREAS, Mr. Hamlar has demonstrated a heart for higher education and for the
advancement of minorities in the Roanoke Valley. A member of First Baptist Church and a life
member of the National Association for the Advancement of Colored People, he established the
Constance J. Hamlar Memorial Scholarship, in memory of his late wife, for minority students at
Virginia Western and Roanoke College.
WHEREAS, Mr. Hamlar has served on the boards of Virginia Western Community College,
First Federal Savings and Loan Association, Roanoke Science Museum, Virginia Council of Small
Business Administration and Roanoke City Schools. Mr. Hamlar has served as a trustee of Roanoke
College since 1986, and last year received an honorary doctorate from that institution.
WHEREAS, Mr. Hamlar served as vice president of the economic development and
community relations committee of Total Action Against Poverty (TAP). He helped organize Valley
Bank, and he served as chairman of the Virginia Recreational Facilities Authority's board to oversee
the administration of Explore Park.
WHEREAS, in 1988, Mr. Hamlar received the National Brotherhood/Sisterhood Award from
the Roanoke Valley Chapter of the National Conference of Christians and Jews. In 1993, he received
the Noel C. Taylor Distinguished Humanitarian Award from TAP. In 1998, he was inducted into
Junior Achievement's Business Hall of Fame, and in 1999 he was inducted into Virginia State
University's Football Hall of Fame.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Lawrence
Harrison Hamlar be named Citizen of the Year for the year 2000 in the City of Roanoke, Virginia.
ATTEST:
City Clerk.
'GO
Roanoke City Department of Planning
and Code Enforcement
~. , ~ !-:.!., Room 166, Municipal Building
' ~ ': '- 215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
,.,,? Email: ~anning@ci.roanoke.va.us
Roanoke City Council
Regular Agenda Report
October 16, 2000
Honorable Ralph K. Smith, Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council'
Subject:
Request from Madison Health Center, LC, represented by
Richard L. Jones, Jr., agent, that property located at 4415
Pheasant Ridge Road, S. W., designated as Official Tax No.
5460101, be rezoned from C-1, Office District, to LM, Light
Manufacturing, subject to certain conditions.
Background:
The subject property, containing 10.384 acres, was part of a larger conditional rezoning for
the Pheasant Ridge development project located off U. S. Route 220, which initially
involved rezoning and development of 49.23 acres.
The rezoning for the Pheasant Ridge development was approved by City Council in
February 1996, subject to proffered conditions. The existing conditions on the property
are:
That the property will be developed in substantial conformity with the site
plan prepared by Engineering Concepts, Inc., dated November 14, 1995, a
copy of which is attached to the Petition for Rezoning as Exhibit "D", subject
to any changes required by the City during development plan review.
That the property shall be used only for the purpose of operating a nursing
home, condominiums, single family dwellings, two-family dwellings,
townhouses and medical clinic.
That a detailed landscape plan will be prepared by a professional landscape
architect and approved by the City. The plan will provide for transitional
landscaping along the Old Rocky Mount Road and the Van Winkle Road
corridors. The design will reduce the impact of parking and building
structures. Review and required revisions in accordance with this proffer will
take place at the time of comprehensive development plan review;
That the wooded areas contiguous with the property lines will be maintained
as a wooded area for a width of at least fifty (50) feet, with the exception of
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
the areas adjacent to the existing C-1 zoned property on the west, along
which a 25 foot buffer area shall be maintained;
That all proposed structures shown on Exhibit "D" will be constructed of
natural exterior building materials such as stone, brick, decorative block,
stucco, and wood. This shall not preclude the use of other building
construction materials when used as a particular component of the building
system such as glassed atriums, skylights, entry canopies, standing-seam
metal roofs, or other structural or mechanical systems incident to the building
use. Metal buildings, mobile or manufactured buildings, with the exception
of temporary structures used as contractors' offices during construction, or
other structures inconsistent with the above described selection of materials
shall not be used in this development;
Recreational amenities, consisting of internal walkways or paths shall be
provided;
That as subsequent phases of development are proposed, those
development plans will be submitted to the Planning Commission for review
and approval.
An initial petition to rezone the property was filed on August 4, 2000. A First Amended
Petition was later filed on August 24, 2000. A Second Amended Petition was filed on
September 8, which proffers the following conditions:
"That the property will be developed in substantial conformity with the site
plan prepared by Jones & Jones Associates, Architects PC, dated 30 July
2000, a copy of which is attached to the Petition for Rezoning as Exhibit "B",
subject to any changes required by the City during site plan review."
"The petitioner requests that the proffered conditions contained in Ord. No.
32815-020596, as they apply to this 10.384 acre tract be repealed."
The purpose of the requested rezoning is to permit the construction of a 70,000 square-
foot mini warehouse facility, consisting of five (5) buildings. The petitioner has indicated
that development at Pheasant Ridge has created a demand for the mini warehouses.
Considerations:
The conditions of the original rezoning related to development of the property, landscape
buffering of adjacent land uses, architectural design of proposed buildings, and
recreational amenities. The proposed new development of the property for mini-
warehouses is not consistent with the intent of the previously proffered conditions. In
addition, this proposal would preclude further development of Pheasant Ridge as
proposed and approved by City Council in 1996.
The existing zoning and land uses in the area are a combination of commercial (along
U.S. Route 220), office and multi-family (on the top of the hill), and single family residential
(to the south and east). The property proposed for rezoning is currently vacant, forested
land. Additional multi-family residential development was proposed as part of the previous
rezoning.
The topography of this area is steep, making the site susceptible to erosion and drainage
problems. Planning staff has received calls from two surrounding property owners who
have experienced problems with development at both the Summit apartments and
Pheasant Ridge. While city ordinances require minimum standards to be met for storm
water management, additional provisions may be necessary to address complex situations
involving steep topography.
Typically, mini-warehouses must be developed in a manner that results in a fiat, linearly
graded site. The proposed development on the steep hillside would require substantial
cuts in the topography of the area and would result in loss of vegetation.
No design of the proposed mini-warehouses has been provided.
Comprehensive Plan identifies this area for future residential development and further
recommends that:
Neighborhood character and environmental quality should be protected.
Possible changes in land use or new development should be carefully
evaluated and designed to conserve and enhance neighborhood quality.
Promoting, encouraging, maintaining or enhancing environmental quality and
the appearance of the city should be a key objective of public and private
initiatives in Roanoke.
A Planning Commission public hearing was held on September 21,2000. Mr. Jyke Jones,
of Jones & Jones Architects, PC, presented the request. No one spoke for or against the
request. Planning Commission members discussed storm water management and visibility
of the proposed development. Mr. Butler felt that commercial development was consistent
with other commercial uses along the road. Mrs. Duerk advised that she had no objection
to the storage units for the benefit of Pheasant Ridge residents. A letter (attached),
received from Don and Melissa Fitzgerald (4602 Van Winkle Road) who opposed the
request, was read by Chairman Hill.
Recommendation:
The Planning Commission's motion to approve the request for rezoning failed by a vote of
3-4 (Mrs. Duerk, Messrs. Butler and Dowe voting in favor, Messrs. Manetta, Hill, Rife and
Chrisman voting in opposition). Under the by-laws of the Planning Commission, a motion
fails if a majority of the Commission members present do not vote in favor of the motion.
Therefore, the Planning Commission was unable to make a favorable recommendation to
City Council on the rezoning request.
Attachments:
cc: Assistant City Attorney
Petitioner
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: Second Amended Petition to Rezone approximately 10.3~~!a~ i~if~l as a
portion of Tax Map #5460101,such rezonmg to be subject to certain ~m~dons.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Madison Health Care Center LC, 4415 Pheasant Ridge Road, owns property
identified as official city tax//5460101 map of thc property to be zoned is attached as Exhibit "A".
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner
requests that the said property be rczoned from C-l, Office District to LM, Light Manufacturing,
subject to certain conditions set forth below, for th~ pmpos~ of cr~fin~ a storag~ facility to c~hanc~
The Petitioner believes the rezonln~ of the said tract of land will further th~ intent and purposes of
thc City's Zoning Ordinance and its coaiprehemivc plan, in that it will allow for increased amenities
for the citizens of the Phcasam Ridg~ Community and maintain the veg~miv~ buffer at the
The P~iiioner hereby pmffeis and agrees that ffthe said tract is rezomxl as requested, that the
rezoning will be subject to, and that the Petitioner will abide by, the following condition:
1. That the property will be developed in substantial conformity with the site plan p~pared by
Jones & Jones Associates, Arc~ PC, dated 30 July 2000, a copy of which is attached
to the Petition for ~ as Exhibit "B", subject to any changes r~cluired by the City
during sS plan review.
2. The l~iiioner requests that the p~ conditions contained in Ord_ No. 32515-020596, as
they apply to this 10.384 acre tract be repealed
Attached as Exlfibit "C" ar~ th~ names, addresses and tax numbers of tim owner or owners of all lots
or property h-aaiediately adjacent to ~iioSiatcly across a stro~t or road from the property to be
WHEREFORE, the Petitioner requests that the above described tract be re-zoned as required in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this Soeond day of August, 2000.
submitted,
BY: _.~ ,i ~__. _._.__
1~ Health Car~ C~, LC
A~ telephone number of agem.
Richard L..Ion~, Jr.
Jones & lon~s Associates, Architects PC
6120 Peters Creek Road
Roanoke, Virginia 24019
(540) 366-3335
EXHIBIT A
ROANOKE CITY GIS
Parcel: 5460101 Parcel Address: NEW LOT 4 GRIFFIN 12.621 AC
Owner: MADISON HEALTH CARE CENTER LC
% SMITH PACKETT, ATT P MOORE
4656 BRAMBLETON AV SW
ROANOKE, VA
Instr.No.: 17750486 Acres: 12.0
3,608,072
3,606,533
11,056,440 Map Width=l,539' 11,057,979
Location Map
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or
omissions should be reported to the City of Roanoke Engineering Depamneut. In no event will the City
of Ronnoke be liable for any damages, Including loss of data, lost profits, business interruption, loss of
business information or other pacuniaty loss that might arise from the use of this map or the information
it contains.
Map Data as off July 2000
Real Estate Data as of: July 2000
Page generated on 8/1/00 3:32:16 PM
!
!
PHEASANT RIDGE STORAGE CENTER
ADJOINING PROPERTY OWNERS
EXHIBIT "C"
5460101
5460130
5380101
5380104
5380116
5380117
5380118
5380119
5380120
Madison Health Care Center LLC
4415 Pheasant Ridge Road
Roanoke, Virginia 24014
Pheasant Ridge Health Investors LC
4415 Pheasant Ridge Road
Roanoke, Virginia 24014
Pheasant Ridge Associates
4504 Starkey Road Penhouse
Roanoke, Virginia 24014
Gray Property 1101 LLC
Summit At Roanoke Apts LLC
P. O. Box 450233
Atlanta, Georloa 31145
Campbell, Dennis
3563 Brymoor Rd
Roanoke, Vir~nia
Campbell, Dennis
3563 BDrmoor Rd
Roanoke, Vk~mnia
R ETALS
SW
24018
R ETALS
SW
24018
Campbell, Ralph A
1809 Lawnhill Street SW
Roanoke, Vir.,mnia 24015
Campbell, Dennis
3563 Brymoor Rd
Roanoke, Vk~mnia
R
SW
24018
Campbell, Dennis
3563 Brymoor Rd
Roanoke, Vir~mnia
R
SW
24018
==6
//
09/21/00 THU 07:56 FAX 540 343 8404 BERGLUND ~002
Dear Roanoke City Planning Commission,
This is in regards to the proposed rezoning of the property on
Narrows Lane and Van Winkle Road. I am opposed to the
rezoning of the property to LM (light manufacturing). In prior
meetings with representatives of the company that owns Pheasant
Ridge we were told they would do nothing to take away from the
rural and residential appearance of our Southern Hills
neighborhood. The agreed upon use for this area was townhouses.
I would welcome people who want to move into our community
but I am not in favor of rows of storage boxes that anyone is
allowed to use 24 hours a day. There is already a facility like this
~A of a mile from Pheasant Ridge across US 220. Maybe they
could look into using that facility instead.
I intend to live in this community for a long time and would like to
see it grow and prosper but not in this manner. Please take my
thoughts into consideration when this issue comes before you.
Do4 and Melissa Fitz~ld
4602 Van Winkle Rd
Roanoke VA 24014
Dear Roanoke City Council,
This is in regards to the proposed rezoning of the property on
Narrows Lane and Van Winkle Road. I am opposed to the
rezoning of the property to LM (light manufacturing) which the
Planning Commission has already vetoed. In prior meetings with
representatives of the company that owns Pheasant Ridge we were
told they would do nothing to take away from the rural and
residential appearance of our Southern Hills neighborhood. The
agreed upon use for this area was townhouses. I would welcome
people who want to move into our community but I am not in
favor of rows of storage boxes that anyone is allowed to use 24
hours a day. There is already a facility like this
% of a mile from Pheasant Ridge across US 220. Maybe they
could look into using that facility instead.
I intend to live in this community for a long time and would like to
see it grow and prosper but not in this manner. Please take my
thoughts into consideration when this issue comes before you.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 546, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant.
WHEREAS, Madison Health Care Center, LC, has made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office
District, to LM, Light Manufacturing District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on October 16, 2000, after due and timely notice thereof as required by §36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-
3, Code of the City of Roanoke (1979), as amended, and Sheet No. 546 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
That certain property containing approximately 10.384 acres, located at 4415 Pheasant
Ridge Road, S.W., and designated on Sheet No. 546 of the Sectional 1976 Zone Map, City
of Roanoke, as Official Tax No. 5460101, be, and is hereby rezoned from C-l, Office
District, to LM, Light Manufacturing District, subject to the proffers contained in the Second
Amended Petition filed in the Office of the City Clerk on September 8, 2000, and that Sheet
No. 546 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:\ORD-REZ\O-Rez-MadisonHealthCenter, LC-PheasantRidge_PH_ 10-16-00
51ARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (q40) 853-1145
E-mail: clerk ~t'ci.roanok¢ va.us
STEPHA.~'IE M. MOON
Deputy Cit5 Clerk
October 19, 2000
File #51
Mr. Richard L. Jones, Jr.
Jones and Jones Associates, Architects PC
6120 Peters Creek Road, N. W.
Roanoke, Virginia 24019
Dear Mr. Jones:
Your request to continue the public hearing on the petition of Madison Health Care Center
that approximately 10.384 acres of land located at 4415 Pheasant Ridge Road, S. W.,
identified as Official Tax No. 5460101, be rezoned from C-1, Office District, to LM, Light
Manufacturing District, subject to certain conditions proffered by the petitioner, was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
October 16, 2000.
It was the consensus of Council to continue the public hearing until the regular meeting of
Council on Monday, November 20, 2000, at 7:00 p.m., at the Governor's School Lecture
Hall, Patrick Henry High School, 2102 Grandin Road, S. W., Roanoke, Virginia 24015.
Mary F. Parker, CMC
City Clerk
MFP:vbc
Mr. Richard L. Jones, Jr.
October 19, 2000
Page 2
pc: Pheasant Ridge Wellness Center, 4415 Pheasant Ridge Road, S. W., Roanoke,
Virginia 24014
Donald and Melissa Fitzgerald, 4602 Van Winkle Road, S. W., Roanoke, Virginia
24014
Betty J. Miller, 4501 Narrows Lane, S. W., Roanoke, Virginia 24014
Pheasant Ridge Health Investors, 4415 Brambleton Avenue, S. W., Roanoke,
Virginia 24018
Gray Property 1101 LLC, Summit at Roanoke Apartments, P. O. Box 450233,
Atlanta, Georgia 31145
Dennis R. Campbell, 3563 Brymoor Road, S. W., Roanoke, Virginia 24018
Ralph A. Campbell, 1809 Lawnhill Street, S. W., Roanoke, Virginia 24015
Madison Health Care Center, Pheasant Ridge Office Building II, 4415 Pheasant
Ridge Road, S. W., Roanoke, Virginia 24014
James R. Smith, President, Madison Health Care Center, LC, 4415 Pheasant Ridge
Road, S. W., Roanoke, Virginia 24014
Melvin L. Hill, Chairperson, City Planning Commission, 2545 Marr Street, N. W.,
#15F, Roanoke, Virginia 24012
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Director, Department of Planning and Code Enforcement
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
10/13/00 00:40 540 366 3613 JONES & JONES 02
JONB~ &
Il Octotm- 2OOO
Office of thc City Clerk
2 IS Church &v~a~
Room 4~6
Rmmok¢, Virgini~ 24011-15~6
Au,ration: Mar~ F. l~ark~r, CMC
RE: Tm Map #5460101
Rmooke City File Number 51
l~/ovcmber 20, 2000, council meeting.
you for your ass~ in ~his matter.
.~~~ATES, ARCHITECTS PC
R~char~ L. loots; Jg('AIA ~-chit~
RUjr~j
Copy To: Mr. Preston
6120 PETERS CREEK ROAD · ROANOKE, VIRGINIA, 24019
TELEPHONE 540 366-3335 . FACSIMILE 540 36E-3613
0CT-12-2000 1~:44 548 36~ ~13 93Z P.02
MARY F. PARKER, CMC
city Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 !-1536
Telephone: (540) 853-6425
Fax: (540) 853-2027
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Cl~n~
October 5, 2000
File #51
Mr. Richard L. Jones, Jr.
Jones and Jones Associates, Architects PC
6120 Peters Creek Road, N. W.
Roanoke, Virginia 24019
Dear Mr. Jones:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
· Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W.,
on the request of Madison Health Care Center that approximately 10.384 acres of land
located at 4415 Pheasant Ridge Road, S. W., identified as Official Tax No. 5460101, be
rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to certain
conditions proffered by the petitioner.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance
and a report of the City Planning Commission. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
Questions with regard to the City Planning Commission report should be directed to the
Department of Planning and Code Enforcement at 853-2344.
H:~,Public Hearings. OO~October 16, 2000.wpd
Mr. Richard L. Jones, Jr.
October 5, 2000
Page 2
It will be necessary for you, or your representative, to be present at the October 16
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:sm
Enclosure
Sincerely,
Mary F. Parker, CMC
City Clerk
H:\Public Hearings.00\October 16, 2000.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
September 12, 2000
File #51
Melvin L. Hill, Chairperson
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
September 8, 2000, from Richard L. Jones, Jr., representing Madison Health Care
Center, LC, requesting that a tract of land located at 4415 Pheasant Ridge Road, S. W.,
identified as Official Tax No. 5460101, be rezoned from C-1, Office District, to LM, Light
Manufacturing District, subject to certain conditions proffered by the petitioner; and
repealing proffered conditions contained in Ordinance No. 32815-020596 adopted on
February 5, 1996.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
Melvin L. Hill
September 12, 2000
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Richard L. Jones, Jr., Jones and Jones Associates, Architects PC, 6120 Peters
Creek Road,'N. W., Roanoke, Virginia 24019
James R. Smith, President, Madison Health Care Center, LC, 4415 Pheasant Ridge
Road, S. W., Roanoke, Virginia 24014
Willard N. Claytor, Director, Real Estate Valuation
Evelyn S. Lander, Director, Department of Planning and Code Enforcement
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
portion of Tax Map #5460101,such rezoning to be subject to certain ~on~itlons7
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Madison Health Care Center LC, 4415 Pheasant Ridge Road, owns property
identified as official city tax #5460101 map of the property to be zoned is attached as Exhibit "A".
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner
requests that the said property be rezoned from C-1, Office District to LM, Light Manufacturing,
subject to certain conditions set forth below, for the purpose of creating a storage facility to enhance
thc current community.
The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of
the City's Zoning Ordinance and its comprehensive plan, in that it will allow for increased amenities
for the citizens of the Pheasant Ridge Community and maintain the vegetative buffer at the
perimeter.
The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the
rezomng will be subject to, and that the Petitioner will abide by, the following condition:
1. That the property will be developed in substantial conformity with the site plan prepared by
Jones & Jones Associates, Architects PC, dated 30 July 2000, a copy of which is attached
to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City
during site plan review.
2. The petitioner requests that the proffered conditions contained in Ord. No. 32815-020596, as
they apply to this 10.384 acre tract be repealed
Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots
or property immediately adjacent to immediately across a street or road from the property to be
rezone&
WHEREFORE, the Petitioner requests that the above described tract be rezoned as required in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this Second day of August, 2000.
Resp~ ~ submitted,~-~
Jq~n~ ~s~. Pietrzak,' V~esident
Addres~d telephone number of agent.
Richard L. Jones, Jr.
Jones & Jones Associates, Architects PC
6120 Peters Creek Road
Roanoke, Virginia 24019
(540) 366-3335
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 27, 2000
File #51-200
Melvin L. Hill, Chairperson
City Planning Commission
2545 Marr Street, N. W., #15F
Roanoke, Virginia 24012
Dear Mr. Hill:
A public hearing on the request of Adam J. Cohen, 6036 Chagall Drive, S. W., to amend
Section 36.1-25, Definition, to include a definition for a single-family attached.dwelling;
Section 36.1-127, special exception uses in the RM-2, Residential Multi-family, Medium
Density District, and Section 36.1-186, special exception uses in the Col, Office District,
Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to permit single-
family attached dwellings by special exception, was conducted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, November 20, 2000.
On motion, duly 'seconded and unanimously adopted, the matter was referred to the
appropriate subcommittee of the 2001 Comprehensive Plan Advisory Committee for study
as a part of the City's overall Comprehensive Plan.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
H:'~Agenda.00\November 20 correspondence.wpd
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
Roanoke City Planning Commission
Regular Agenda Report
September 18, 2000
Honorable Ralph K. Smith, Mayor, and City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from Adam Cohen that Sec. 36.1-25, definitions, be
amended to include a definition for a single-family attached dwelling;
and that Sec. 36.1-127, special exception uses in the RM-2,
Residential Multifamily, Medium Density District, and Sec. 36.1-186,
special exception uses in the C-1 Office District, be amendgd to
permit single-family attached dwellings by special exception. ~
Background:
This petition is a revision of a previous request from Mr. Adam Cohen to amend the City
zoning code to create a new definition for two-unit townhouse dwellings. The Roanoke City
Planning Commission considered the original petition on May 17, 2000. A motion
recommending the petition failed by a 1-3 vote.
Rather than proceed to City Council with an unfavorable recommendation, Mr. Cohen
chose to amend his petition. The revised petition requests an amendment to the City's
zoning code to create a new definition for single-family attached dwellings, with such
dwellings permitted by special exception in the RM-2, Residential Multifamily, Medium
Density District, and the C-1 Office District.
Planning Commission considered the amended petition on August 17, 2000. A motion
recommending the petition failed by a 0-6 vote (Messrs. Butler, Chrisman, Dowe, Manetta,
Rife and Mrs. Duerk voting no and Mr. Hill absent). There was no comment from the
general public on the request.
Considerations:
Unlike two-family dwellings or "duplexes," which remain under single ownership, the
petitioner's request for a single-family attached dwelling would allow a structure containing
two dwelling units to be legally subdivided. Legal subdivision of attached dwelling units is
currently allowed only under the townhouse provision of the City Code.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
The petitioner's request for a single-family attached dwelling would have the same effect
as a two-unit townhouse, which is not allowed under the City's zoning code. The
townhouse provision of the code was established to provide for clustered housing in
medium- and high-density districts such as the RM-2, RM-3, RM-4, C-1 and C-3 districts.
Townhouses are not intended as infill developments in single-family or two-family
neighborhoods, such as the RS-l, RS-2, RS-3, or RM-1 districts. To this end, the code
requires that townhouse developments contain at least three units, each with a minimum
of 18 feet of frontage. This requirement effectively prevents townhouses from being built
on most inner-city lots, which typically measure only 50 feet wide.
The petitioner's request for a definition of single-family attached dwelling raises the
following issues:
1)
Exterior maintenance: Most attached-unit developments, such as townhouses and
condominium complexes, are large enough to form homeowners associations for
exterior maintenance. The proposed single-family attached dwelling, which would
be limited to two individually-owned units, may not generate economies of scale
large enough to justify the formation of shared maintenance associations, resulting
in inconsistent exterior maintenance.
2)
Rental vs. owner-occupancy: While townhouses and other attached dwelling units
are typically seen as affordable avenues for home ownership, they do not
necessarily translate into owner-occupancy. Planning staff is concerned that such
units may instead become targets of investors who wish to use them as rental units.
3)
Inappropriate conversions: Under the proposed single-family attached dwelling
definition, it would be theoretically possible to subdivide an existing single-family
home and sell each half independently. Planning staff is concerned that existing
single-family homes may be converted into two dwelling units, each of which could
be owned and maintained separately. Such subdivision is difficult to administer and
maintain under separate ownership and may encourage undesirable housing
investments.
The Comprehensive Plan recommends that neighborhood character and environmental
quality be protected. Quality new construction and attractively designed housing should
be encouraged. Insensitive new construction should be discouraged.
Recommendation:
The Planning Commission recommends no change to the existing zoning code. The
existing code provisions support housing recommendations set forth in the City's
Comprehensive Plan.
2
Respectfully submitted,
Melvin L. Hill, Chairman
Roanoke City Planning Comission
Attachments:
cc: Steve Talevi, Assistant City Attorney
Adam Cohen, Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending §36.1-25, Definitions; §36.1-127, Special exception
uses; and §36.1-186, Special exception uses, of Chapter 36.1, Zoning, of the Code of the City
of Roanoke (1979), as amended, to broaden the application of the zoning ordinance to permit
under certain circumstances single-family attached dwellings in certain residential districts.
BE IT ORDAINED by the Council of the City of Roanoke that §36.1-25, Definitions;
§36.1-127, Special exception uses; and §36.1-186, Special exception uses, of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, be, and are hereby,
amended and reordained to read and provide as follows:
Sec. 36.1-25. Definitions.
For the purpose of this chapter certain terms and words used herein
shall be defined as follows:
***
Single-family attached dwelling: A building containing two (2) dwelling units,
designed for and occupied by not more than two (2) families and providing for
the individual ownership of each side of the dwelling.
***
Sec. 36.1-127. Special exception uses.
The following uses may be permitted in the RM-2 district by special
exception granted by the board of zoning appeals subject to the requirements
of this section:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Single-family attached dwellings, provided that lot size, setback,
frontage and parking requirements for two-family dwellings are
met, that any subdivision of a lot on which a single-family
attached dwelling is located results in each lot having one-half
(V2) of the lot size, frontage, and parking requirement for two-
family dwellings, and results in a lot line which runs through the
partition between dwelling units, that each side of the single-
family attached dwelling is served separately by all utilities,
including sewer, water, electricity, phone, gas and cable, and
provided that each unit in a single-family attached dwelling shall
be entirely alongside, and not over or under, the other unit in
such dwelling.
Group care facilities subject to the requirements of section
36.1-560 et seq.
Nonprofit counseling facilities and services.
Libraries, museums, art galleries and other similar uses
including associated educational and instructional services.
Community centers.
Personal service home occupations subject to requirements of
section 36.1-500 et seq.
Bed and breakfast establishment subject to the requirements of
section 36.1-520 et seq.
Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from
the surrounding neighborhood.
Fire stations.
Police stations.
Elementary and secondary schools.
Sec. 36.1-186. Special exception uses.
The following uses may be permitted in the C-1 district by special
exception granted by the board of zoning appeals subject to the requirements
of this section:
(1) Single-family attached dwellings, provided that lot size, setback,
frontage and parking requirements for two-family dwellings are
met, that any subdivision of a lot on which a single-family
attached dwelling is located results in each lot having one-half
(½) of the lot size, frontage, and parking requirement for two-
family dwellings, and results in a lot line which runs through the
partition between dwelling units, that each side of the single-
family attached dwelling is served separately by all utilities,
including sewer, water, electricity, phone, gas and cable, and
provided that each unit in a single-family attached dwelling shall
be entirely alongside, and not over or under, the other unit in
such dwelling.
(2) Multifamily dwellings.
(3) Clubs, lodges and fraternal organizations.
(4) Group care facilities subject to the requirements of
section 36.1-560 et seq.
(5) Hospitals including accessory retail and service facilities
and other facilities and grounds.
(6) Medical laboratories.
(7) Personal service establishments primarily engaged in
providing nonmedical service to a person or maintenance and
repair services to clothing and including barber and beauty
shops, tailor or seamstress shops, shoe repair and other similar
uses.
(8) Bed and breakfast establishments subject to the
requirements of section 36.1-520 et seq.
(9) Public parking lots and structures.
(10) Utility substations, transmission lines and towers, booster
stations, relay stations and transformers, and similar uses
provided that light, fumes, noise, unsightliness, or other
associated activities or emissions are adequately screened from
the surrounding neighborhood.
ATTEST:
City Clerk.
H:\Ord-CA-Zoning\O-Z-SinigleFam-Attached Dwellings- 10-13-00 3
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
November 27, 2000
File #24-50-132-137-467-497
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
P. O. Box 990
Roanoke, Virginia 24005
Gentlemen:
I am enclosing two copies of Resolution No. 35154-112000 requesting the 2001 Session
of the General Assembly to amend various sections of the existing Roanoke Charter of
1952 in order to modernize the Charter, remove certain provisions and language therefrom,
and to provide, in general, for more efficient and effective legislative processes and
municipal operations in the City. The abovereferenced measure was adopted by the
Council of the City of Roanoke at 'a regular meeting which was held on Monday,
November 20, 2000.
I am also enclosing copy of the requested City Charter amendments, a pubhsher s affidav~
showing that the public hearing was advertised, and an extract of the minutes of the
Council meeting which was held on Monday, November 20, 2000, at 7:00 p.m., showing
the action taken at the public hearing.
H:Wgenda.00\November 20 correspondence.wpd
Th~ Honorable John S. Edwards
The Honorable A. Victor Thomas
The Honorable Clifton A. Woodrum, III
November 27, 2000
Page 2
You are respectfully requested to introduce a bill in the 2001 Session of the General
Assembly to amend the Roanoke Charter of 1952 in the manner advertised.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc:
The Honorable William White, Sr., Chair, Legislative Committee, 3698 Partridge
Lane, N. W., Roanoke, Virginia 24017
Melinda J. Payne, Chairperson, Roanoke City School Board
Thomas A. Dick, Legislative Liaison, 2227 Early Settlers Road, Richmond, Virginia
23235
Cindy H. Lee, Clerk, Roanoke City School Board
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
H:~Agenda.00\November 20 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2000.
No. 35154-112000.
A RESOLUTION requesting the 2001 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.
WHEREAS, pursuant to the provisions of § 15.2-202, Code of Virginia (1950), as
amended, at least ten days' notice and an informative summary of the amendments desired
has been published in a newspaper of general circulation in the City, of the time and place
of a public hearing for citizens to be heard to determine if they desire that City Council
request the 2001 Session of the General Assembly to amend the existing Roanoke Charter
of 1952; and
WHEREAS, the required public hearing was conducted on November 20, 2000; and
WHEREAS, after considering the matter and the comments made during the public
hearing, Council desires to request the General Assembly to amend its existing Roanoke
Charter of 1952, in the manner advertised.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council hereby requests that the 2001 Session of the General Assembly
amend various sections of the Roanoke Charter of 1952, in the manner advertised.
H:\C har~er~r-reqamend. 1
2. The City Clerk is directed to send two attested copies of this resolution, a copy
of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit
showing that the public hearing on this request was advertised, and a certified copy of
Council's minutes showing the action taken at the advertised public hearing to the
Honorable John S. Edwards, Member, Senate of Virginia, the Honorable A. Victor Thomas,
Member, House of Delegates, and the Honorable Clifton A. Woodrum, III, Member, House
of Delegates, with the request that they introduce a bill in the 2001 Session of the General
Assembly to amend the Roanoke Charter of 1952 in the manner advertised.
ATTEST:
City Clerk.
H:\Chart er~r-reqamend I
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 20, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 20, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Rule 1, Reqular Meetinqs. of Section 2-15, Rules of
Procedure, Code of the City of Roanoke (1979), as amended and pursuant to
Resolution No. 34905-070300 adopted by the Council on July 3, 2000.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ......................... 5.
ABSENT: Council Members William White, Sr. and Linda F. Wyatt ............... 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The Mayor declared the meeting in recess at 1:35 p.m., to be reconvened at
3:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandin Road, S. W., City of Roanoke.
At 3:00 p.m., on Monday, November 20, 2000, the regular meeting of City
Council reconvened in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, 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; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The Mayor declared the meeting in recess at 6:35 p.m., to be reconvened at
7:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandin Road, S. W., City of Roanoke.
On Monday, November 20, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the Governor's School Lecture Hall, Patrick Henry
High School, 2102 Grandin Road, 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 ..................................................................................... O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager, William M. Hackworth, City Attorney; Jesse A. Hall,
Deputy Director of Finance; and Mary F. Parker, City Clerk.
CITY CODE-CITY COUNCIL-CITY CHARTER-SCHOOLS-LEGISLATION: The City
Clerk having advertised a public hearing for Monday, November 20, 2000, at
7:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandin Road, S. W., 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 amendments to
the various sections of 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, 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 9, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
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 the proposed
amendments, was before Council.
The Legislative Committee recommended that Council adopt a resolution
requesting the proposed amendments to the City Charter. The Committee advised
that if Council concurs in and adopts a proposed resolution, the State Code requires
that the City forward the resolution and certain other documents to the City's's
legislative delegation, with the request that a bill be introduced in the 2001 Session
of the General Assembly to amend the Charter as proposed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35154-112000) A RESOLUTION requesting the 2001 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. 63.)
ACTION: Mr. Harris moved the adoption of Resolution No. 35154-112000. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
address the matter; whereupon, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W.,
advised that sufficient notice was not provided to citizens in view of the implications
of the proposed changes. He referred specifically to page 3 with regard to changes
that impact the use of eminent domain, pages 6 and 7 with regard to water
inspectors/water inspections, pages 8 and 9 regarding selling impounded vehicles
which are removed from private property, page 14 regarding the removal of paupers
or dependent persons and revisions relating to the health department, page 17 in
regard to Council's powers/compensation, page 26 relating to powers and duties of
the Mayor in emergency situations, page 43 with regard to the Fire Department's
authority to raze hazardous buildings, and pages 55 and 56 in regard to issuance of
bonds. He stated that the above items are substantive issues and expressed
concern that citizens have not had an opportunity to adequately respond to certain
significant revisions. He advised that any time Charter changes are proposed,
because of the nature of the document, it is a very substantive matter and every
effort should be made to insure that citizens are given every opportunity to
participate in the process.
The City Attorney called attention to certain language and provisions of the
City Charter that are outdated and outmoded; therefore, he sought comments from
City Council, City staff, Constitutional Officers, and Council Appointed Officers, and
asked that they review their respective portions of the City Charter pertaining to their
individual areas of expertise, and as a result, he received numerous comments and
suggestions for language changes which have been incorporated in the document
currently before the Council. He explained that the City Charter has not been
revised, comprehensively, since 1952. He stated that some substantive changes
were proposed, however, he suggested that they be held in abeyance until 2001. He
further explained that the majority of the proposed deletions are provisions that are
either outmoded, they have been superceded by current laws, the Supreme Court
has declared them to be unconstitutional or enabling legislation is now much better
than current City Charter provisions. He stated that the public hearing was properly
advertised, pursuant to provisions of the Code of Virginia, 1950, as amended.
No other persons wishing to address Council, Resolution No. 35154-112000
was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ 0.
There being no further business, the Mayor declared the meeting adjourned
at 8:25 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254l
Fax: (540) 853-1145
November 20, 2000
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda E Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Amendments to Roanoke Charter of 1952
Dear Mayor Smith and Members of Council:
Attached for your consideration is a resolution requesting the 2001 Session of the
General Assembly to amend various sections of the present Roanoke Charter of 1952, in
order to modernize it, remove from it certain archaic and outdated provisions and language,
and in general to provide for more efficient and effective legislative processes in municipal
operations in the City. Also attached is a copy of the Charter showing the proposed
amendments to it. As required by § 15.2-202, Code of Virginia (1950), as amended, at least
ten days notice and an informative summary of the amendments desired has been published
in a newspaper of general circulation in the City advising of the time and place of the public
hearing which is on your agenda for your evening meeting on November 20, 2000.
The City's Legislative Committee has reviewed the proposed amendments to the City
Charter and it concurred in scheduling this public hearing in order to obtain the views of the
citizens of the City as to the proposed amendments.
The City's Legislative Committee recommends that Council adopt the attached
resolution requesting the proposed amendments to the City Charter. If Council concurs, and
adopts the attached resolution, the 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 2001 Session of the General Assembly to amend the Charter as
proposed.
On behalf of the Legislative Committee, I would like to thank the various citizens and
officers and employees of the City who have proposed changes to the Charter which are
H:~l-hmchar2001.1
The Honorable Mayor and Members
November 20, 2000
Page 2
reflected in the proposal which you have before you. The proposed amendments have been
drafted by our City Attorney, Mr. Hackworth, and I am sure that he would be pleased to
respond to any questions the members of Council may have with regard to these
amendments.
WWSr/f
Attachments
William White, Sr., Chair
Legislative Committee
CC:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
H:q-hmchar2001.1
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................................
ROANOKE CITY CLERK'S
215 CHURCH AVE SW RM
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
01551223
Amendments
Amendments
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.
Sworn and subscribed before me this day
of November 2000~ Witnesa ]~v h~'~d and official
seal._ _~__~_~__f_~ ~~'F~/~ , Notary Public
My commission expires
PUBLISHED ON: 11/09
TOTAL COST: 147.26
TO CITIZENS OF THE CITY OF
ROANOKE:
NOTICE IS HEREBV P.I/VEN that
the Council of the CRy of
Roalloka will, pursuant to
(~50), as amended, hold n
publiC-headnl[ on Monday,
NovembM 20, 2000, at 7:00
p.m., in the Governor's School
High School, 2~02 Orsnclin
Road, S.W., in the City of
Roanoke, ~rde, at wh~h
to rsquset the Oxme~ assem-
onmodme.~ to Um Roanoke
Charter of .~2, se amended,
whkm a~ are
matiVa~ automatized ns
Ameodmem~ are propom~ tx)
Cha~er in order to remove
outmoded end unneceseary
eeccain provi~x~ in the Char-
lava, to .trsemllrm the Ct~$
of a deputy and amoistont city
manai~ers, to increase the
trscte for pul~ic improvements
and
in ~mers[ to n~km mors et11-
clent the ot~emtkm of the Ci~
~ovemme.t.
amendment~ to the Charter
on file in the offlon of the City
Clerk, Municipal Bulldini[,
Room 456, ~%5 Church
Mary F. Pmt~r, City (:ties
(~56~223).
NOTICE OF PUBLIC HEARING
TO CITIZENS OF THE CITY OF ROANOKE:
NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will,
pursuant to §15.2-202, Code of Virginia (1950), as amended, hold a public hearing on
Monday, November 20, 2000, at 7:00 p.m., in the Governor's School Lecture Hall, at
Patrick Henry High School, 2102 Grandin Road, S. W., in the City of Roanoke, Virginia,
at which time citizens of the City of Roanoke shall have an opportunity to be heard to
determine if such citizens desire Council to request the General Assembly of Virginia to
make certain amendments to the Roanoke Charter of 1952, as amended, which amendments
are informatively summarized as follows:
Amendments are proposed to the various sections of the Charter in
order to remove 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 percent of the contract, whichever is greater, and in
general to make more efficient the operation of the City government.
The full text of the proposed amendments to the Charter is on file in the office of
the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S. W., Roanoke,
Virginia.
GIVEN under my hand this 6th day of November, 2000.
Mary F. Parker, City Clerk
ROANOKE CHARTER OF 2001
§ 1.1 § 1. The city and its boundaries.
The inhabitants of the territory comprised within the present limits of the city of Roanoke,
as hereinafter described, or as the same may be hereafter altered and as provided by law, shall
continue to be a body politic and corporate, to be known and designated as the city of Roanoke, and
as such shall have and may exercise all powers which are now, or hereafter may be, conferred upon,
or delegated to, cities under the Constitution and laws of the Commonwealth of Virginia, as fully
and completely as though said such powers were specifically enumerated herein, and no enumeration
of particular powers by this charter shall be held to be exclusive; and the said city of Roanoke as
such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may
have a corporate seal which it may alter, renew, or amend at its pleasure.
The present boundaries of the said city shall be as described in Chapter 216, Acts of
Assembly, nineteen hundred fifty-two, as enlarged by orders of the Circuit Court of Roanoke County,
Virginia, as follows:
(a) Order of Annexation entered September fourteen, nineteen hundred sixty-four,
recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia (formerly Hustings Court); and
(b) Order of Annexation entered September thirty, nineteen hundred sixty-six, recorded
in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
H:\Charler\char2001 102300
and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia, (formerly Hustings Court); and
(c) Order of Annexation entered May sixteen, nineteen hundred sixty-seven, recorded
in Deed Book 827, Page 492, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia (formerly Hustings Court); and
(d) Order of Annexation entered May ten, nineteen hundred seventy-five, recorded in
Deed Book 1017, Page 516, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia,
and in Deed Book 1361, Page 548, in the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia.
§2. Powers of the city.
In addition to the powers mentioned in the preceding section, the sald city shall have power:
(1) To raise annually by taxes and assessments in the city such sums of money as the
council hereinafter provided for shall deem necessary for the purposes of the city and in such manner
as the council shall deem expedient, in accordance with the Constitution and laws of this
Commonwealth and of the United States; provided, however, that it shall impose no tax on the bonds
of~ald th_ge city.
(2) To impose special or local assessments for local improvements and enforce payment
thereof, subject, however, to such limitations prescribed by the Constitution of Virginia as may be
in force at the time of the imposition of such special or local assessments.
(3) Subject to the provisions of the Constitution of Virginia and of §§ 47, 48 and 49 of
this charter, to contract debts, borrow money and make and issue evidence of indebtedness.
(4) To expend the money of the city for all lawful purposes.
C:~char2001. lbsckup828.1 2
(5) To acquire by purchase, lease, lease purchase, gift, bequest, devise, condemnation or
otherwise, property, real or personal, or any estate or interest therein, within or without the city or
Commonwealth and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage,
pledge or otherwise dispose of the same or any other part thereof.
(6) To acquire, in any lawful manner, for the purpose of encouraging commerce~ ~
manufacture, and economic development, lands within and without the city not exceeding at any one
time five thousand acres in the aggregate, and fi.om time to time to sell or ~ lease~ or otherwise
dispose of the same or any part thereof for industrial~ or commercial or economic development uses
and purposes.
(7) To make and maintain public improvements of all kinds, including municipal and
other public buildings, armories, markets, comfort stations or rest rooms and all buildings and
structures necessary or appropriate for the use of the departments of fire and police; and to establish
a market or markets in and for said the, city, and to appoint proper officers therefor; to prescribe the
time and place for holding the same; to provide suitable buildings and grounds therefor and to make
and enforce such roles and regulations as shall be necessary to restrain and prevent huckstering,
forestalling and regrading, and for the purpose of regulating and controlling the sale of fresh meats,
fresh fish, farm and domestic products in said the city the council shall have authority to continue
the sale of such articles or products to the public markets and public squares provided by the city for
that purpose, and shall have full power and authority to use such streets, avenues or alleys in the city
around the public market and public squares as may be necessary to provide for vehicles fi.om which
farm and domestic products are offered for sale, and may by resolution or ordinance designate the
streets or other public places on or in which all licensed ~ sellers may sell or offer for sale
....... ~ ....... a _ _~ .... ~: .......... ~'--- ~,
their goods, wares or merchandise ,hido,~.,-'--" h,~v,, ,~...,,,,, ....... ,~: ~,, ,~v~ ,~,~ ,,,,,,~,,~ ,~ ,,,~,l~ ~ ~,,,
sale of,,~,.~--- -' ........ ,,~,Lo a~xd ,,~o,"-- _L ,,~,,,~-'- and may impose a curbage tax for each vehicle containing farm
and domestic products brought into said th__~e city and sold or offered for sale on the market, and to
acquire by condemnation or otherwise all lands, riparian and other rights and easements necessary
for such improvements, or any of them.
(~'r-) (8) To own, manage and operate a city auditorium, civic center, coliseum,
convention hall, stadium, theater, exhibition hall, or combination thereof, or other place of public
assembly, and to permit the use of the same by others upon such terms and for such charges as the
council may prescribe; and in order to further the best interests of the public and lead to greater use
of any such facilities, to do all things necessary and proper to encourage the use thereof by arranging
or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever
nature. Such encouragement may, without limitations as to other permissible activities, include the
expenditure of city funds to promote such activities and to bring notice to the public of
entertainments at such public facilities, engaging persons to bring entertainments thereto from which
the city may derive income, and the payment of funds to such persons in advance or out of proceeds
derived therefrom in connection therewith; and may include entering into agreements with such other
persons guaranteeing minimum stuns to be payable to such persons for future performances,
provided that at no time shall the aggregate amount of all outstanding guarantees be more than such
sum as may be fixed by the council. Notwithstanding any other provisions of this charter, the council
may appropriate funds to a special or revolving account in order to engage, advertise and promote
any such entertainment and to operate any of the foregoing facilities, and when such fund is created
such person or persons as may be designated by ordinance of the council, after providing fidelity
bond with corporate surety payable to the city in a penalty not less than the authorized amount of
such special or revolving fund, may sign checks against said such fund and expend cash therefrom
for any of the foregoing purposes.
(8-) (9) To furnish all local public service, to purchase, hire, construct, own, lease, maintain
and operate local public utilities, land] to acquire by condemnation or otherwise, within or without
the corporate limits, lands and property necessary for any such purpose.
(9) (10) To acquire in any lawful manner in any county of the state, or without the state such
water lands, and lands under water as the council crf-said-e~ may deem necessary for the purpose
of providing an adequate water supply for smd the city and of piping or conducting the same; to lay
all necessary mains; to erect and maintain all necessary dams, pumping stations and other works in
connection therewith; to process, filter, or purify such water supply and to add thereto mineral or
other substances to make the water more potable or more healthful, or to promote the public welfare;
to make reasonable rules and regulations for promoting the purity of its said water supply and for
protecting the same from pollution; and for this purpose to exercise full police powers and sanitary
patrol over all lands comprised within the limits of the watershed tributary to any such water supply
wherever such lands may be located in this state; to impose and enforce adequate penalties for the
violation of any such rules and regulations; and to prevent by injunction any pollution or threatened
pollution of such water supply and any and all acts likely to impair the purity thereof; and to acquire
lands or material for any such use. For any of the purposes aforesaid said city may, if the council
shall so determine, acquire by condemnation, purchase or otherwise, any estate or interest in such
lands or any of them, or any right or easement therein, or may acquire such lands or any of them in
fee, reserving to the owner or owners thereof such rights or easements therein as may be prescribed
in the ordinance providing for such condemnation or purchase. The sa:d city may sell or supply to
C:~har'~O01. I bnclmp82It. I ~
persons, fn-ms or industries residing or located outside of the city limits any surplus of water it may
have over and above the amount required to supply its own inhabitants.
(-l-e-) (11) To establish and enforce water rates and rates and charges for public utilities,
or other service produCts, or conveniences, operated, rendered or furnished by the city:,-ter-emldoy
I.)UI/I[JIII~) lllCl~.~lllll~.,l.,y ClllU Clll ULII~.,i ~,~[~J.l./llJ.~,lll, UI Clll~.l (311 ~)U~.II~ Ui YYCIL~,I
~.,IL.Y, LU ~vUIlll-/lvi Cl/l~ ~)U~,II YY(:3, L~,L ~,UIJIDGLL.,Y, YyIII~.,il UY~IlO UL U~IvlClklvO ~)U~II J.G~)~vJ. YUJ. J.O, VYCIL~I~)II~.,U~m
ll/t~l/ll~ [JLCILLL~, ~LLIIL~ ~tlikl pkitllpLll~ iiLGktiLill~l~ VI VLil~/ 9~LiLpILL~ILL L/L OULU.~ UL ,.~ULLL~.,O UI ~Llk{
,,~UI.J~.JX.,Y LU _[jG~v Lilly X~.,GOULICL~/I~v ~U~ U.L .~LLIvLI ~I./~LU&~, LU ~XYT~ i~vGOUIJ~UI~., IIULI~ L~ clll.,Y Ol~,~,ll ~GL~
C:~har2001 lbkr, kup828.1 6
C :Xch~-2001, I back'up82S. I 7
~ (12) To acq~rc in ~e m~er pro~id~d by ~c ~encr~ laws ~y existin~ wa~r, a~
or ~l~c~c pl~t, works or system or ~y p~ ~crcof.
(~ (13) To establish, open, ~den, extend, ~de, ~prove, cons~ct, m~n~, li~t,
sp~e ~d cle~, public ~ways, s~ee~, ~leys, bo~ev~ds ~d p~ays, ~d to alter, or close ·
· e sine; to establish ~d mm~ p~ks, play~o~ds ~d o~er public ~o~ds; to core.ct,
mm~ ~d operate bridges, viaducU, subways, ~els, sewe~ ~d ~, ~d to re~ate ~e me
of all such ~ways, p~ks, public ~o~ md wor~; to pl~t ~d mm~ shade ~ees or o~er
vegetation ~ong ~e s~eeB ~d upon such public ~o~; to prevent ~e obs~ction of such s~eeU
~d ~ways, ~d abolish ~d prevent ~ade cross~gs over ~e sine by r~koads ~ ~e m~er
provided by law; re~ate ~e operation ~d speed of ~1 cas ~d vehcles m~g ~e sine, ~ well
~ ~e operation ~d speed of ~1 en~es, c~s ~d ~m on r~koads ~ ~e ciW; to provide by
ord~ce for ~e remov~ ~om such s~ee~, ~ways, ~leys, bo~ev~, p~ays ~d o~er public
places of ve~cles ~d o~er objecB ab~doned ~ereon or le~ or placed ~ereon in holation of law
or of ~ ord~ce of ~e ciW, ~d to ~e ch~ge of, impo~d ~d ~ere~er dispose of by s~e or
~ bj .... ' --'- '- '-- '--'~ ---'-- -~--" ...................
othe~se, such ve~cles or o er o ecB, aiy .u~t~ ~m~ ~u o~ ,~ uml ~[~, u,~ u-~ u~ V~,~u~,
___~_1~ .....~1- J ~- ~1_- * -~ ~ ........~--- ~ ~ ...... ~! ..... ~_ _~ ....1 ..........1 ~
C:~:hsr200 I. I b~kup828. I 8
to be rendered ~d rates to be ch~ged by buses, motorc~s, cabs ~d other vehicles for the ca~ing
of passengers and by vehicles for the tr~sfer of baggage; to require all telephone~ ~ telegraph
telecommunication, cable, television, or simil~ wires ~d all wires ~d cables c~ing electrici~
to be placed in conduits ~dergro~d ~d prescribe roles ~d regulations for the construction ~d use
of such conduits; and to do all other things whatsoever adapted to m~e said the streets ~d highways
safe, convenient ~d a~ractive.
(~ (14) To acquire, cons~ct, o~, maintain ~d operate, wi~in ~d without ~e ciW,
places for the p~king or storage of ve~cles by the public, which shall include, but sh~l not be
limited to p~ng lots, g~ages, buildings ~d o~er l~d, s~c~es, equipment ~d facilities, ~y
of w~ch may be provided in ~eas or space above or below public s~eets, sidewalks, or other public
places, when in the opinion of ~e co~cil they ~e necess~ to relieve congestion in the use of
streets ~d to reduce h~ds incident to such use; provide for ~eir m~agement and control by a
dep~ent of the ciW gove~ent or by a bo~d, co~ission or agency specially established by
ordin~ce for the p~ose or to provide, by lease or fr~chise grated by the council, for their
m~agement ~d consol by others th~ the ciW, authorize or pe~it others to use, operate or
maintain such places or ~y potions thereof, p~su~t to lease or agreement, upon such te~s ~d
conditions as the co~cil may dete~ine by ordin~ce; ~d ch~ge or au~orize ~e ch~ging of
compensation for the p~ng or storage of vehicles or other se~ices at or in such places.
H:\Charterkchar2001,102300 9
(-}-2~ (15) To acquire, in any lawful manner, in fee simple or by easement, land and other
property and to construct thereon and own, equip, maintain and operate, within and without the city,
airports and all the appurtenances thereof and approach zones and clear zones reasonably necessary
therefor, including all facilities deemed necessary for the landing, departure, storage and servicing
of aircraft; provide for their management and control by a department of the city government or by
a board, commission or agency specially established by ordinance for the purpose; to charge or
authorize the charging of compensation for the use of any such airport or any of its appurtenances;
lease any appurtenance of any such airport or any concession incidental thereto or, in the discretion
of the council, lease any such airport and its appurtenances with the fight to all concessions thereon
to, or enter into a contract or contracts for the management and operation of the same or any one or
more of them with any person, firm or corporation on such terms and conditions as the council may
determine by ordinance; and to have and exercise all other power and authority with respect to
aviation and airports accorded to cities under general law.
(t--2:-D-) (16) To acquire, construct, own, maintain and operate, within and without the city,
stadia, arenas, golf courses, swimming pools and other athletic or recreational facilities; provide for
their management and control by a department of the city government or by a board, commission or
agency specially established by ordinance for the purpose, charge or authorize the charging of
compensation for the use of or admission to any such facility, including charges for any services
incidental thereto; to regulate the use of the same; to lease, subject to such regulations as may be
established by ordinance, any such aforesaid facility or any concession incidental thereto, or enter
into a contract with any person, fh'rn or corporation for the management and operation of any such
facility, including the right to all concessions incident to the subject of such contract, on such terms
and conditions as the council may determine by ordinance.
(-1-3-) (17) To construct and maintain, or aid in constructing and maintaining, public
roads, sidewalks, boulevards, parkways, runnels and bridges beyond the limits of the city, in order
to facilitate public travel to and from said the city and its suburbs and to and from said the city and
any property owned by said the city and situated beyond the corporate limits thereof, and to acquire
land necessary for such purpose by condemnation or otherwise.
Subject to the provisions of the Constitution of Virginia to grant franchises
for public utilities.
(-}-5-) (19)
To regulate, collect and dispose of sewage, offal, ashes, garbage, carcasses
of dead animals and other waste and refuse, and to acquire and operate reduction or other plants for
the utilization or destruction of such materials, or any of them; or to contract for and regulate the
collection and disposal thereof. To compel the abatement of smoke, dust and fly-ash; to regulate and
control the installation, alteration and repair of all combustion equipment, and to control and prohibit
pollution of the air.
(+C:r) (20)
To compel the abatement and removal of all nuisances within the city, or upon
property owned by the city, beyond its limits; to require all lands, lots and other premises within the
city to be kept clean, sanitary and free from weeds; to regulate or prevent slaughterhouses or other
noisome or offensive business within said the.. city; the keeping of animals, poultry and other fowl
therein, or the exercise of any dangerous or unwholesome business, trade or employment therein;
to regulate the transportation of all articles through the streets of the city; to compel the abatement
of smoke and dust, and prevent unnecessary noise therein; to regulate the location of buildings or
lots where animals or fowls are kept and the manner in which such shall be kept and constructed,
and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health,
morals, comfort, safety, convenience and welfare of the inhabitants of the city.
(-1--7-) (21) If any ground in the ~a~d city shall be subject to be covered by stagnant water
or if the owner or occupant thereof shall permit any offensive or unwholesome substance to remain
or accumulate thereon, the said council may cause such ground to be filled up, raised or drained, or
may cause such substance to be covered or removed therefrom, provided, that reasonable notice shall
be first given to the said owner or occupant or his agent. In case of nonresident owners who have no
agent in ~a~d the city, such notice may be given by publication; in which event two insertions of such
notice on separate days, in any newspaper published in ~a~d the city, at least ten days before the first
day any action is to be taken shall be sufficient notice.
(-l-g-) (2_2) To direct the location of all buildings for storing gunpowder or other explosive
or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder,
ftrecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosive or
combustible materials, the exhibition of ftreworks, the discharge of fn'earms, the use of candles and
lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed
weapons, and to regulate the movement over its streets of dangerous, explosive, or highly
combustible materials.
(-1-9-) (23) To regulate or prohibit the running at large in saiti the city of any or all
animals and fowl; to regulate or prohibit the keeping or raising of same within sald th.._e_e city, and to
subject the same to such levies, regulations and taxes as it may deem proper; to prohibit or regulate
the keeping or raising of pigeons or other birds; and to provide for the seizure, impounding,
destruction or disposition of any such animal or fowl found nmning at large or raised or kept in
violation of such regulation.
(-Z0-) (24) To restrain and punish drunkards, vagrants, mendicants and street beggars,
and to provide for the treatment of drunkards, alcoholics and drug addicts.
(ED (25) To prevent vice and immorality; to preserve public peace and good order, to
prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill fame,
gambling houses and gambling devices of all kinds, to prevent lewd, indecent or disorderly conduct
or exhibitions in the city.
(E-2-) (26) To inspect, test, measure and weigh any commodity or article for consumption
or use, manufactured, stored, processed or offered for sale within the city, and to establish, regulate,
license and inspect weights, meters, measures and scales.
(~3--) (27) To extinguish and prevent fires and compel citizens to render assistance to
the fire department in case of need, and to establish, regulate and control a fire department or
division; to regulate the size, materials and construction of buildings, fences, and other structures
hereafter erected in such manner as the public safety and convenience may require; and to remove,
or require to be removed, any building, structure or addition thereto which by reason of dilapidation,
defect of structure, or other causes, may have become dangerous to life or property, or which may
b d aryt 1 ....... 1_,:_, .... ~ 4__: ...... ~- ..... · ·
(E4-) (28) To provide for the care, support and maintenance of children and of sick, aged,
insane, disabled or poor persons and paupers.
H:\Charter\ch~2001.102300 13
(~-) (29) To establish, organize and administer public schools, colleges and libraries
subject to the general laws establishing a standard of education for the state.
(~o-) (30) To provide and maintain, either within or without the city, charitable,
recreative, curative, corrective, detentive, or penal institutions.
(,~"/\ ....... _'21_ _O .... 1 ............ 1 __O ............. a ...... -1 .... ~.~ ........ 1 ........ -' ..... 1_
(~ (31) To provide for the prese~ation of the general health of the i~abit~ts of said
th~ ci~, m~e regulations to secure the sine, inspect all food ~d foodstuffs ~d prevent the
introduction ~d sale in said the ciW of~y micle or thing intended for hm~ consmption, which
is adulterated, impure or o~e~ise d~gerous to health, ~d to condem, seize ~d destroy or
othe~ise dispose of ~y such ~icle or t~ng without liabili~ to the o~er thereof, to p~event the
introduction or spread of contagious or infectious diseases; ~d prevent ~d suppress diseases
generally; to provide ~d regulate hospitals within or wi~out the ciW limits, ~d to enforce the
removal of persons afflicted with contagious or iffectious disease to hospitals provided for them:
H:\Charter\char2001.102300 14
(~) (32) To acquire by purchase, gitt, devise, condemnation or otherwise, lands, either
within or without the city, to be used, kept and improved as a place for the interment of the dead, and
to make and enforce all necessary rules and regulations for the protection and use thereofi and
generally to regulate the burial and disposition of the dead.
(~) (33) To exercise full police powers, and establish and maintain a department or
J'--'--'--- of police
(~}-) (34) To do all things whatsoever necessary or expedient for promoting or
maintaining the general welfare, comfort, education, morals, peace, government, health, safe _ty, trade,
commerce or industries of the city or its inhabitants.
(~rrl") (35) To enact an ordinance, after a public hearing, to define places of public
accommodation and to prohibit discrimination in such places of public accommodation on the basis
of race, creed, color, national origin or sex.
(~3-2-) (36) To make and enforce all ordinances, rules and regulations necessary or
expedient for the purpose of carrying into effect the powers conferred by this charter or by any
general law, and to provide and impose suitable penalties for the violation of such ordinances, rules
and regulations, or any of them, by fine not exceeding two thousand five hundred dollars or
confinement not exceeding twelve months, or both, or such greater penal _ty as may otherwise be
permitted by law, the city may maintain a suit to restrain by injunction the violation of any ordinance
notwithstanding such ordinance may provide punishment for its violation.
(37) The enumeration of particular powers in this charter shall not be deemed or held to be
exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the
exercise thereof, the ~ city shall have and may exercise all other powers which are now or may
hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state.
~ §3. Differences in rate of taxation [on real estate within areas added to city limits]; taxing
districts.
Pursuant to Article X, Section 1 of the Constitution of Virginia, the council may, fi.om time
to time, provide for differences in the rate of taxation to be imposed upon real estate by the city
within all or parts of areas added to its territorial limits. Such differences in the rate of taxation shall
bear a reasonable relationship to differences between nonrevenue producing governmental services
giving land urban character which are furnished in one or several areas in contrast to the services
furnished in other areas of the city. In so doing, the council may, fi.om time to time, establish such
taxing districts as may be necessary to reasonably differentiate between those areas added to the
territorial limits of the city receiving contrasting services as hereinabove provided, and having once
established such taxing districts the council may, fi.om time to time thereafter alter, amend or abolish
the same as the character or extent of such services are changed.
~. Transit system.
The city shall have the power to:
Acquire, own, operate, maintain or otherwise provide for a transit system and transit
(1)
facilities;
(2)
Enter into agreements or leases with private companies for the operation of a transit
system or operate such system itself;
(3) Make application for and accept loans and grants of money or materials or property
at any time from the United States of America and the Commonwealth of Virginia or any agency or
instrumentality of either; and
c:~20o,.~82s.~ 16
(4) Enter into contracts with counties, cities --- j to-~ais - j~' -:--: .... '- -
,~,,~ .m,~l,,.~ ,.~ city other localities
to provide or cause to be provided transit facilities and services to such coanties, -:': ..... ~ .......
localities.
{35. Creation and [general] powers of council.
There is hereby created a council, which shall have full power and authority, except as herein
otherwise provided, to exercise all of the powers conferred upon the city, and to pass all laws and
ordinances relating to its municipal affairs, subject to the Constitution and general law of the State
and of this charter. It shall by ordinance fix-dae-s'atari-e~ establish a system of compensation for all
officers and employees of the city, and may, so far as is not inconsistent with the provision of this
charter, define the powers and prescribe the duties of all such officers and employees.
,~ ~6. Composition of council; [terms of members; designation of vice-mayor;t-vacancies.
The council as presently composed shall continue and shall consist of seven members, one
of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective
terms as hereinafter provided. The members of council shall serve for terms of four years, from the
first day of July next following the date of their election and until their successors shall have been
elected and qualified. The mayor shall serve for a term of four years from the first day of July next
following the date of election and until a successor shall have been elected and qualified; provided,
however, that on the first Tuesday in May, nineteen hundred seventy-two, and on said such day each
four years thereafter, three ~ council members and a mayor shall be elected for a term of
four years, and on the first Tuesday in May, nineteen hundred seventy-four, and each four years
thereafter, three eomaeitmen council members shall be elected for a term of four years.
H:\Charter\char2001 102300 1 7
-'-~ ~ .... ' ..... '-- tc~-m~ _~1__ ~1 ............ 1 ...... ~ ....... :, _1 .... ~ m' __: ........ 1 ..... ~.._~ I 11
Tho ~c~bcr oF co~cil rcccivin~ thc l~ost number oF votos in each rc~ul~ council~ic
election shall be the vice-mayor of the ci~, for a te~ of~o ye~s, to co~ence on the first day of
July next following ~e date of such election ~d until ~ the vice-ma~or's successor shall have
been
~n~
o lift
The co~cil shall be a continuing body, ~d no me~e pending before such body shall abate
or be discontinued by reason of ~e expiration of ~e te~ of office or removal of the members of
said body council, or ~y of~em. No person may be a c~didate for the office of mayor ~d for the
office of co~iciliii~i co~cil member in ~e sine election.
H:\Chaner\char2001 102300 1 8
Vacancies in the council or vacancy in the office of mayor shall be filled within thirty days,
and until the day upon which the terms of office of~ council members elected in the next
following regular councilmanic election shall commence, by a majority vote of the remaining
members of council, and if as much as two years of any such unexpired term of a member of council
or of the mayor remains at the time of such next regular councilmanic election, a councilniai~ council
member or a mayor, as the case may be, shall be elected at said such election for the remaining
portion of such unexpired term.
§5. ~}.2. Qualification of members-[of council]; conduct of candidates.
Any person qualified to vote in said the city shall be eligible to the office of couiicilnxas~
council member or mayor therein. No candidate for the office of councilman or mayor shill promise
any money, office, employment or other thing of value, to secure a nomination or election, or accept
in connection with his candidacy any money except as permitted by the general laws of the State;
and any such candidate violating this provision shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not exceeding five hundred dollars, or imprisonment
for a term not exceeding six months, or both, in the discretion of the court or jury, and shall forfeit
his office, if elected; in which event, the person receiving the next highest number of votes, who has
not violated the-said these provisions shall be entitled to said such office.
§6. 2. Compensation of the mayor, vice-mayor and ofcmmcflmen council members.
The salary of the mayor, vice-mayor and each council member shall be such as is from time
to time fixed by ordinance of city council within the limits established by general law. Such salaries
shall be payable no less frequently than monthly.
H:\Cha~erXchar2001.102300 19
~ §9. Limitations of the powers of the council.
Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the
appointment of any person to office or employment by the city manager, or in any manner interfere
with the city manager, or prevent him the city manager fi.om exercising his or her judgement in the
appointment of officers or employees in the administrative service; provided, however, that the city
manager's appointments of directors of d'-,i¢c~c, ia~¢$ deputy_ or assistant city managers, but not of
department heads, shall be subject to confirmation by a majority of the members of the council.
Except for the purpose of inquiry, the mayor, the council and its members shall deal with the
administrative service solely through the city manager, and neither the mayor, the council, nor any
member thereof, shall give orders to any of the subordinates of the city manager either publicly or
privately.
~ § 10. Officers elective by council; roles[; journal of council proceedings; quorum of council].
The council shall elect a city manager, a city clerk, a director of fmance, a municipal auditor,
and a city attorney, none of whom need be a resident of the city at the time of their election m-xtm4rrg
~,~- ~¢n-a.-¢ iii ~,,,,, office but who shall take up residence within the city within three (3) months of
their election if not already a resident. Unless herein otherwise specifically provided, the council
shall also appoint the members of such boards and commissions as are hereafter provided for. All
elections by the council shall be viva voce and the vote recorded in the journal of the council. The
council may determine its own roles of procedure; may punish its members for misconduct and may
compel the attendance of members in such manner and under stich penalties as may be prescribed
by ordinance. It shall keep a journal of its proceedings. A majority of all of the members of the
C:~hat200 I. lbaclmp828. I 20
council shall constitute a quorum to do business, but a smaller number may adjourn from time to time.
Upon a vacancy occurring in any such office the council shall elect a person to fill the
unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect
a person as an acting city manager, city clerk, director of finance, municipal auditor, or city attorney
to hold such office for such lesser term and for such compensation as the council shall then
determine; and any person so elected shall have, during the term for which he was elected, all of the
authority and shall be charged with all of the duties and responsibilities of the office for which he
was elected.
~9 § 11 Elections by council, when held, terms, et cetera[; niaxini-aiii
k,v
During the month of September, nineteen hundred seventy-four and during the month of
September of every second year thereafter, the council shall elect a city clerk, a director of finance,
a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the
first day of October next following the date of his their election and until his their successor shall
H:\Chartcr~char2001.102300 21
~ § 12. Meetings of council [generally].
At two o'clock post meridian on the first Monday of July next following each regular
municipal election, or if such day be a city holiday, then on the day following, the council shall meet
at the usual place for holding meetings of the legislative body of the city, at which time the newly
elected councilmen shall assume the duties of their offices. Thereafter the council shall meet at such
times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular
meetings each calendar month, and it shall so order and schedule meetings as to promptly and
orderly attend to the business and legislative affairs of the city. The mayor, any member of the
council, or the city manager, may call special meetings of the council at any time upon at least twelve
hours written notice to the mayor and each member, s~rved personally or left at his usual place of
business or residence; or such meeting may be held at any time without notice, on the call of the
mayor or the city manager provided at least five members of the council attend such meeting. All
meetings of the council shall be public, and any citizen may have access to the minutes and records
thereof at all reasonable times, except where the public interest may require ~^~,~uL~v~
closed meetings
~ § 13. Penalty for absence [from council meetings].
Absence from five consecutive regular meetings shall operate to vacate the seat of a member
[of the council], unless the absence is caused by ~ the member being incapacitated by sickness or
is excused by the council by a resolution setting forth the reason thereof and entered upon the
journal.
H:\Charter\char2001.102300 22
qt-t-2:. § 1 4. Legislative procedure ~generally].
Except in dealing with questions of parliamentary procedure the council shall act only by
ordinance or resolution, and all ordinances except ordinances making appropriations, or authorizing
the contracting of indebtedness or issuance of bonds or other evidence of debt, shall be confined to
one subject, which shall be clearly expressed in the title. Ordinances making appropriations or
authorizing the contracting of indebtedness or the issuance of bonds or other obligations and
appropriating the money to be raised thereby shall be confined to those subjects respectively.
The enacting clause of all ordinances passed by the council shall be, "be it ordained by the
council of the city of Roanoke." No ordinance, unless,it be an emergency measure, shall be passed -
until it has been read by title at two regular meetings or the requirement of such reading has been
dispensed with by the affmnative vote of five-sevenths of the members of the council. Any
ordinance introduced and adopted on its first reading at one meeting of the council may be amended
and adopted as amended at the next such meeting or subsequent meeting provided that the
amendment does not materially change the purpose and character of the proposed ordinance. No
ordinance or section thereof shall be revised or amended by its title or section number only, but the
new ordinance shall contain the entire ordinance, or section or subsection as revised or amended. The
ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered upon the
journal of the proceedings of the council and every ordinance or resolution shall require, on final
passage, the affirmative vote ora majority of the members. No member shall be excused from yoting
except on matters involving the consideration of his own official conduct, or where his financial or
personal interests are involved.
In authorizing the making of any public improvements, or the acquisition ofreai estate or any
interest therein; or authorizing the contracting of indebtedness or the issuance of bonds or other
evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale
c:~a0o~. ~b,~x~82s.~ 23
of bonds lawfully authorized); or authorizing the sale of any property or rights in property of the city
of Roanoke, or granting any public utility franchise, privilege, lease or right of any kind to use public
property or easement of any description or any renewal, amendment or extension thereof, the council
shall act only by ordinance unless otherwise permitted by law; provided, however, that after any such
ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for
the carrying out of the purposes of such ordinance may, except as otherwise provided in this charter,
be taken by resolution of the council.
§ 13. § 15. Effective date of ordinances and resolutions; emergency measures.
d by
All ordinances passe the council shall be in effect ~' ......... ~ -~ ....... J .... ~' ....... '- -
of upon their passage, except that council may, by the affirmative vote of five-seveflths of its
members, pass emergency measures to take effect at the time indicated therein. An emergency
measure is an ordinance or resolution immediately necessary, in the discretion of council, for the
preservation of the public peace, property, health or safety, or providing for the usual daily operation
of the municipal government or of a municipal department, in which measure the emergency shall
be set forth and defined in a preamble thereto, or in which measure there is contained a statement
of such immediate necessity. Ordinances appropriating money for any such emergency may be
passed as emergency measures, but no measure providing for the sale or lease of city property, or
making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate
to be charged for its service by any public utility, shall be so passed. All resolutions of the council
shall be effective upon passage.
H:\Charter\char2001 102300 24
§ 14. (§ 16) Record[, authentication and numbering of ordinances and resolutions; admission of
ordinances and resolutions in evidence].
Every ordinance or resolution upon its final passage shall be recorded in a book kept for the
purpose, and shall be authenticated by the signature of the presiding officer and the city clerk. Lack
of authentication of any such ordinance or resolution by signature of the presiding officer and the
city clerk ....... : ~ - -':~- "- - ~- ..... ""-: ..... : ---
~ ~,,~,v,~,~,, ,,l -,~ ,,,~ s¢iiten¢¢ ,,~ u,,o 0~,~,,~,, shall not, of itself, affect the validity of any
such measure heretofore or hereinafter duly adopted by the council. The city clerk shall assign every
ordinance and resolution adopted by the council a permanent serial number.
A record of entry made by the city clerk or a cOpy of such record or entry duly certified by
him the cit~ clerk shall be prima facie evidence of the terms of the ordinance or any amendment
thereof and its due publicatiOn, or its receipt in quantity as a printed code of ordinances.
All ordinances and resolutions of the council may be read in evidence in all courts and in all
other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified
by the clerk or from the volume or code of ordinances printed by authority of the council.
~ § 17. [-General powers and duties of:t the mayor.
The mayor shall preside at meetings of the council, and perform such duties as are imposed
upon him the mayor by this charter and such other duties consistent with hi~ the mayor's office as
may be imposed by the council. ~ The mayor shall be entitled to a vote, but shall possess no veto
power. ~ The mayor shall be recognized as the official head of the city for all ceremonial purposes,
by the courts for the purpose of serving civil process, and by the governor for military purposes. He
re&y, ~ iiiayor, The mayor may execute all requisite contracts or other legal instruments in writing
for and on behalf of the city and ~ perform all other functions or requirements arising
from federal or State law, procedure, roles or regulations but these authorizations shall not be
construed as conferring upon hini the mayor the administrative orjudicial functions_.,-m"otherpvvve~
,~, ~,.,~,~,~, ~,~ ,~ ~,~,~y~,~, ~,~,~, ~ ~,.~x~..~ ,,~,~ ,,~ ~ o~,~. In time o ublic dangers or emergency,
he the mayor may, with the consent of the council, take command of the police and maintain order
and enforce the laws, and for this purpose may deputize such special policemen as may be necessary.
During xhis the mayor's absence or disability t-tis the mayor's duties shall be performed by the
vice-mayor of the city.
The powers and the duties of the mayor shall be such as are conferred upon hini the mayor
by this charter, together with such others as may be conferred by the council in pursuance of the
provisions of this charter, and no others.
§16: §18. Time of holding municipal elections.
A municipal election shall be held on the first Tuesday in May in nineteen hundred
seventy-two, and every second year thereafter which shall be known as the regular election for the
election of councilmen.
~ § 19. Method of conducting municipal elections.
The candidates at any regular municipal election for the election of councilmen, equal in
number to the places to be filled, who shall receive the highest number of votes at such election,
shall be declared elected to the council, and the candidate receiving the highest number of votes for
the office of mayor shall be declared elected mayor.
In any such election each eteetcn- voter shall be entitled to vote for as many persons as there
are vacancies to be filled, and no more; and no eteetm' voter shall in such elections cast more than
one vote for the same person.
H:\Charter~char2001.102300 26
~ §20. Election [-and terms for Commonwealth's attorney, commissioner of revenue, city
treasurer, city sheriff and circuit court clerk].
The attorney for the Commonwealth, commissioner of revenue, city treasurer and city sheriff
elected at the general election held in November of nineteen hundred seventy-three, shall hold office
until their respective terms expire; thereafter, there shall be elected by the qualified voters of said
the city, on the Tuesday after the first Monday in November, nineteen hundred seventy-seven and
quadrennially thereafter, the following officers: one attorney for the Commonwealth, one
commissioner of revenue, one city treasurer, and one city sheriff, who shall hold their offices for the
term of four years from the first day of January ensuing their election and until their successors are
d ly d d qualifi d ~ -'--'--""--" ....' .... "' ..... ""--'-':~- fR -' .... ~-' "--
....... ,,-- ~" ...... '- -'--'--' .... '-- '-' ...... ' ....... '-'-- -"'"---'--'- -'--" ..... ' ..... ' ..... "-- tTh h 11
be elected by the qualified voters of said th._~e city on the Tuesday after the first Monday in November,
nineteen hundred seventy-nine, and every eight years thereafter, one clerk of the Circuit Court of the
City of Roanoke, who shall be clerk of all courts of record in this city, whose term shall begin and
end as is now, or may hereafter be prescribed by the General Assembly of Virginia.
~ §21. General provisions relating to elections; how elections conducted.
All elections provided for in this charter, except as otherwise provided herein, shall be
conducted, and the result canvassed and certified by the regular election officials provided for by the
general election laWs of the state and all such elections shall be governed by the general election
laws.
20. §22. The city manager; appointment, qualifications,-et-eetem.
The city manager shall be the administrative head of the municipal government, t-I-e The city
manager shall be chosen by the council without regard to his or her political beliefs and solely upon
the basis of his executive and administrative qualifications. The choice shall not be limited to
inhabitants of the city or State. He The city manager shall be appointed for an indefinite period and
shall hold office during the pleasure of the council. He The city manager shall receive such
compensation as shall be provided by the council by ordinance-He and shall be bonded as the
council may deem necessary. During the ab~ca¢¢, disqualification or disability of the city manager
the council may designate some properly qualified person to perform the duties of the office.
~1- §23. Same--Powers and duties of city manager.
The city manager shall be responsible to the council for the efficient administration of all
offices of the city. He The city_ manager shall have the power, and ~ the duty:
(a) To see that all laws and ordinances are enforced.
(b) Subject to the limitations contained in § 7 of this charter and except as otherwise
provided in this charter, the city manager or his or her designees shall appoint such city officers and
employees as the council shall determine are necessary for the proper administration of the affairs
of the city, and the city manager or his or her designees shall have the power to discipline and
remove any such officer and employee.
(c) To attend all meetings of the council, with the fight to take part in the discussion, but
having no vote.
(d) To recommend to the council for adoption such measures as he ~may
deem necessary or expedient.
(e) To make reports to the council from time to time upon the affairs of the city and to
keep the council fully advised of the city's financial condition and its future financial needs.
t.') L~-'~,~,'",~. J
(f) To be responsible for the day to day operation of' the cit% and to execute such
documents as may be necessary to accomplish the same.
(-'fl-) ~ To appoint in writing a city officer reporting to the city manager as acting city
manager for a time period not to exceed thirty days when the city manager will be absent from the
city.
~ (h~ To acquire on behalf of the city easements, licenses, permits, privileges or
other fights of any kind to use property for nominal consideration.
(-g) (i~ To perform such other duties as are prescribed by this charter or as may be prescribed
by the council.
§2 I. I. §24. Deputy and 9tssistam assistant city managers.
The city manager may appoint an a depu~ and one or more assistant city managers subject
to confu'mation by a majority of the members of council. The deputy and assistant city managers
shall hold office at the pleasure of the city manager making the appointment. He They shall be
responsible to the city manager for the administration of all city affairs placed in h/s their charge by
the city manager or under this charter. During the absence, j' ..... "'~--" --- J'--'-"'-'
,.,,~,.t,~,.,.,,,~,,,.. or ~,,~,~o,,,u, of the city
manager, he the deputy city mana_ger shall perform the duties of that office unless the city manager
has designated in writing some other city officer to serve as acting city manager.
ff3-2. §25. Investigations.
The council, the city manager, and any other officer, board or commission authorized by
them, or either of them, shall have power to make investigations as to city affairs, and for that
purpose to subpoena witnesses, administer oaths, and compel the production of books and papers.
Any person refusing or failing to attend, or to testify or to produce such books and papers,
may by summons issued by such board or officer be summoned before theatmnieil~ general district
court of the city by the board or official making such investigation, and upon failure to give
satisfactory explanation of such failure or refusal, may be fined by a mm'fieip~ judge not exceeding
one hundred dollars or imprisoned not exceeding thirty days, such person to have the right to appeal
to the tatmitrgs circuit court of the city. Any person who shall give false testimony under oath at any
such investigation shall be liable to prosecution for perjtuy.
~ §26. Creation of departments and deparUnent heads; ,~,,,,~.,~,,~ ,,, ,~v,~u,,~,,~o ~.,d
~a~mors; deputies and assistants.
The council may by ordinance provide for' administrative departments, and when such
departments are created may define the functions which such departments are to administer, may
provide for the appointment of heads for such departments and define their duties and
responsibilities:, ,,,.~,, ,-. ~,~., -,~ ~,,.-,,~., ,,.,,j v,~,~,~,~ ,~,. "-~ ~.,J ,,,~,,.l~., ~ ,,~,,.,.,,o-...~,,, ~,..,.,
tThe council may by ordinance provide for the appointment of one or more assistants or deputies in
the offices of the city attorney, the director of finance, the muni.cipal auditor and the city clerk and
may define their duties and responsibilities. Such assistants or deputies, when acting in such official
capacity, shall possess all of the power and authority and shall be subject to all of the duties and
responsibilities given to or imposed upon their respective superiors under this charter.
~ §27. City clerk.
The city clerk shall be elected at the time, in the manner, and for the term provided by section
nine of this charter. He The ci_ty clerk may by and with the consent of the council appoint one deputy
and such number of asSistants as may be provided for by ordinance. H,e The city clerk shall be the
clerk of the council; shall keep a record of its proceedings, and either he oi- ?~is the city clerk or the
deputy city clerk shall attend all meetings thereof. He The ciW clerk shall keep all books and papers
which by the provisions of this charter or by direction of the council, are required to be kept by or
filed with him the city clerk. He The ci_ty clerk shall be the keeper of the city seal, and shall affix and
attest the same when so directed by the council. He The ci_ty clerk shall transmit copies of all
ordinances or resolutions to such officers and persons as are affected thereby. He The ci_ty clerk shall
give information to persons presenting communications or petitions to the council of the final action
of the council thereon. He The city clerk shall, except as otherwise expressly provided in this
chapter, publish or cause to be published, all reports, ordinances, and other documents required by
this charter to be published, and also such other reports as the council may by ordinance or resolution
direct. He The cit? clerk shall perform such other duties as are required by this charter, and in general
shall perform such acts and dmies as the council shall by ordinance or resolution require ofhhii the
city clerk. Any of the duties of iald the city clerk may be performed by h/s the deputy ciW clerk. The
city clerk and hi~ deputy city clerk shall receive such compensation and give such bond as the
council may by ordinance provide.
§28. Director of finance.
The director of f'mance shall be elected by the council at the time, in the manner, and for the
id d by {}--910 fthi hart .... "-' ' .......... '--' ~h ......""-- "--' ~' ......."
C:~char2001.lbsclmp828. l 3 1
(a) ~c dkector of fin~cc shall have ch~ge ~d sh~l main~in consol of ~c keeping
of all accosts ~d fin~ci~ records of ~c ~:~- -~' ..... '--
accepted principles of accosting, whcrc~ sh~l be s~tcd, ~ong o~er ~gs, ~c appropriations
for ~e ye~ for each distinct object ~d brach of expcndi~cs, ~d ~so ~c receipts from each ~d
cvcU so.cc of revenue, so f~ ~ it c~ be ~ce~ned. ~1 such accosts ~d fin~ci~ records sh~l
bc public records, ~d sh~l be subject to ~c ex~naion of ~c ci~ m~ager ~d members of ~c
ci~ co~cil, or o~cr person or perso~ r~q~rcd by order of ~c ci~ m~ager or ordin~cc of thc
co~cil to m~c such cx~naion.
(b) ~c dkector of france sh~l be c~ged ~ ~d s~l exercise a gcner~ fisc~
supc~ision over ~1 ~c officers, dep~en~, offices, agencies ~d employees of ~c ci~ ch~gcd
in ~y m~cr ~ ~c ~scssment, receipt, collection or disb~scmcnt of~e ci~ revenues, ~d ~
· c collection ~d re~ of such revenues ~to ~e ci~ ~e~; ~d ~ thc dkector sh~l prescribe
such system ~d relation ~ is necess~ for ~e proper repo~g ~d acco~t~g for ~1 ci~
rcvenuc~ ~d receipt.
(c) ~e ~ector of france sh~l ~ve ~e power to ~d sh~l ex~e ~d audit all
accosts, cl~ ~d dem~ for or ag~t ~e ci~; ~d, ~ess o~e~se provided by law or by
t~s c~er, no money s~l ~ ~a~ ~om ~e ~e~ or be p~d by ~e ci~ to ~y person ~ess
· e b~ce due ~d payable by ~e ci~ be first sealed ~d adj~ted by ~e ~ d~ector of tin.ce.
(d) ~e d~ector of ~ce s~l ~aw a ~ check on ~e ~e~ for such money ~
is dete~ed by l~iii ~e director to be due ~d payable to ~y ~on, s~t~g ~e p~icul~ ~d or
appropriation to w~ch ~e s~e is ch~geable ~d ~e person to whom payable; ~d no money sh~l
be ~a~ ~om ~e t ~ except on ~e ~ check of ~e d~ector of tin.ce ~ ~ores~d,
H:~c~,.~ 32
countersigned by the city manager. The director of finance is forbidden to issue ,'-,is wai~aii~ a check
for the payment of any money in excess of the appropriation on account of which such money is
drawn.
(e) It shall be the duty of the director of finance to charge all officers in receipt of
revenues or moneys of the city with the whole amount, from time to time, of such receipts. He The
director shall also require of all officers in receipt of city moneys that they submit reports thereof,
with vouchers and receipts of payment therefor into the city treasury, daily, weekly or monthly, or
at such times as may be otherwise provided by ordinance of the council; and if any such officer shall
neglect to make adjustment of his accounts, when required, ~r'afore~a~, and to pay over such '
moneys as received, it shall then be the duty of said the director of finance to issue notice in writing,
directed to such officer and his such officer's surety or sureties, requiring him or them within ten
days to make settlement of his saki or their accounts with the director of finance, and to pay over the
balance of moneys found to be due and in his or their hands belonging to said the city, according
to the books of said th.__e director of finance; and in case of the refusal or neglect of such officer to
adjust his said accounts or to pay over such balance into the treasury of the city, as required, it shall
be the duty of the director of finance to make report of the delinquency of such officer to the council,
the city manager, the municipal auditor and the city attorney. For good cause appearing, the city
attorney shall at once take action to have such officer suspended from office, and shall proceed
forthwith to institute the necessary proceedings for the removal of such officer from office, and shall
institute suit in the name of the city against such officer and his surety or sureties to recover the
balance of moneys so found by the director of finance to be due ~ belonging to said
the city.
(f) The director of f'mance shall prepare an annual statement, promptly after the end of
each fiscal year, giving full and detailed statement of all the receipts and expenditures during the
year, which statement he the director shall forthwith file with the city manager ~ shall lay the
same before the next meeting of the council. When required by the council, such annual statement
shall be certified by independent certified public accountants.
(g) It shall be the duty of the director of finance, each and every month, to prepare a
monthly statement, giving a full and detailed account of all moneys received, from what sources and
on what account received, and of all moneys ordered to be paid or drawn by warfare check by ,~in
the director, and on what account the same have been paid; and he the director shall deliver said
such statement to the city manager, and shall lay the same before the council at its ne.xt meeting.
(h) No contract, agreement or other obligation involving the expenditure of money shall
be entered into nor shall any ordinance of the council or order of any officer of the city authorizing
the city's obligation for expenditure of money be effective until and unless the director of finance
shall have certified in writing that the money required for such contract, agreement, obligation or
expenditure is in the city treasury to the credit of the fund fi'om which it is to be drawn, and not
appropriated for any other purpose, which certification may be endorsed on or recited in such
ordinance, endorsed upon the contract, agreement or other instrument creating such obligation or
upon such order, or may be contained in separate certification filed and preserved in the office of the
city clerk; provided, however, that requirement of such certification shall not be applicable to the
city's execution or issuance of bonds or notes under §§ 47, 48 and 49 of this charter. The sum so
certified shall not thereafter be considered unencumbered, until the city is discharged from the
contract, agreement or obligation.
(i) For the purpose of the certification required in subsection (h), StrlXa; of this section,
all moneys actually in the treasury to the credit of the fund from which they are to be drawn and all
moneys applicable to the payment of the obligation or appropriation involved that are anticipated to
come into the treasury before the maturity of such contract, agreement or obligation from taxes,
assessments, license fees or from sales of property or of services, products, or by-products of any city
undertaking and all moneys to be derived from lawfully authorized bonds or from other sources,
shall be deemed in the treasury to the credit of the appropriate fund and subject to such certification.
(j) Unless otherwise provided in this charter, the director of finance shall have all of the
duties, responsibilities, powers and authority heretofore imposed upon or lodged in the city auditor
by this charter or by the ordinances and resolutions of the council heretofore or hereafter adopted
prior to the council's election of a director of fmance.
(k) The director of finance shall have the power and the authority to use any and all
collection methods available to the treasurers of the counties and cities under general law to collect
delinquent real estate taxes, provided the responsibility for such collection has been transferred to
the director of finance by ordinance adopted by city council.
§25.2. !}29. Municipal auditor.
The municipal auditor shall be elected by the council at the time, in the manner and for the
dby §
term provide 910 of this Charter. ,- ..... ' ~- ~ ' ........... ' .... '- ....... "~' ....... : -:- -' J"--
(a) The municipal auditor shall have such qualifications as the council shall from time
to time establish.
(b) It shall be his the duty of the municipal auditor:'
(1) To examine and audit all accounts, books and records of thc city that reflect
transactions involving financial activities of the city, including those for which the city has
a responsibility as an agent, custodian or trustee, said such audit to be made in a timely
manner or as prescribed by ordinance.
~ It..,,,~,-'--" be,~'-'-,~,,L~ J .... __To work closely with the director of finance in
promulgation of systems and procedures employed in the accounting for revenue received and
expenditures made by the city.
(d) 3~ When so directed by the council, iZ -'--" '- - his ....
o.,,~, ~ ~,..Lj to see to implementation
of and to supervise all systems recommended to be established by independent public accountants
making audits for city functions.
(e) (4). _ It ~hall be ,,,~'-'- du~3- __To report to the council within sixty days after the close
of the fiscal year a summary of the activities of his the auditor's office during the preceding fiscal
year~. It~,,,,,,-~--" be ,..~,'-'- ~,..~ J .... and to report to the council in writing within sixty days atter the
completion of an examination of any department, agency or activity of the city, a summary of all
findings resulting fi.om ~ the auditor's examination. A copy of each audit report shall be submitted
to the council, the city manager and to the department, agency or office audited.
60 5~1 Ito,,,~,-L-" Lo~_ ...~L'- ,,..,JJ .... ~ To report immediately in writing to the city manager and
to the council any unauthorized, illegal or irregular act or practice he diseervers discovered affecting
or involving public funds or the financial affairs of the city.
(-g-) (c) In the performance of hi~ffor~ the auditor's duties, he the auditor shall have
access at any and all times to all books, records and accounts of each department, office, officer,
employee or agency of the city subject to examination or audit by l-diii the auditor.
(h) ~ Subject to the provisions of § 910 of this charter, he the auditor shall have power to
appoint such assistants and employees as the council shall authorize and appropriate funds to provide
for.
c:~,~0o~.~.~o2t t 36
(-i-) (e) The municipal auditor shall devote his full time and effort to post-audit examinations
and reporting and shall receive only such compensation as may be fixed for the position by ordinance
of the council. He The auditor shall not serve in any capacity on any administrative board,
commission, district, or agency of the city, county, or the State nor shall he the auditor have a
material direct or indirect financial or other economic or personal interest in the transactions of any
officer, department, board, commission, district, or other organization for which he the auditor is
responsible to audit or cause to be audited. He The auditor shall not be directly responsible for the
collection of any money belonging to the Commonwealth of Virgin/a, the city of Roanoke, or other
political subdivisions of the State or the city, nor shall he the auditor be directly responsible for the
handling or custody of state or local public funds. Neither he the auditor nor any member oftts th_ce
auditor's staff shall engage in or be associated with any partisan political activity or hold any other
public office.
He The auditor shall neither conduct nor supervise an audit or post-audit of any office,
department, program or activity of the city of-Roano~ for which-he the auditor was responsible or
in which he the auditor may have participated or been employed during any preceding two years.
The council shall provide otheradse for any necessary audit or post-audit of any such office,
department, program and activity falling within the proscription of this provision.
The council shall assign to him the auditor no administrative or other duties, except such as
may be incidental to the objectives and functions of post-auditing or such as do not act to impair the
independence ofhi~ the auditor's audits.
§26. 30. City attorney.
The city attorney shall be elected at the time, in the manner, and for the term provided by
section nine of this charter. He The city attorney shall be the legal adVisor of and attorney and
c:~-2oo~.~,c~a, 37
counsel for the city and the school board of the city and for all officers, and departments thereof, in
matters relating to their official duties. He The city attorney shall prosecute all suits, actions and
proceedings for and on behalf of the city and the school board of the city, and defend all suits,
actions and proceedings against the same, and shall prepare all contracts, bonds and other
instruments in writing, in which the city or the school board of the city are interested or concerned,
and shall endorse on each his or her approval of the form and correctness thereof, provided that in
the case of bonds to be issued by the city, it shall be sufficient if he the city_ attorney ~ certifies
to the council his or her approval thereof as to form in a separate writing, to be filed and preserved
with the records of the council.
The council, the city manager, or any officer, board or commission may require the opinion
of the city attorney upon any question of law involving their respective powers and duties.
The city attorney shall apply in the name of the city to a court of competent jurisdiction for
such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the
funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by
any city official, or the execution or performance of any contract made in behalf of the city in
contravention of law, or which was procured by fraud or corruption.
When an obligation or contract made on behalf of the city granting a right or easement or
creating a public duty is being evaded or violated, the city attorney, when directed by council, shall
institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof,.or the
specific performance thereof, as the nature of the case may require.
In case any officer, board or commission shall fail to perform any duty required by law, the
city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the
performance of such duty.
Whenever the city or school board shall purchase or otherwise acquire real estate or any
interest therein, unless other provision is made by the council, the city attorney shall conduct such
title examination as he or she deems appropriate before the purchase price thereof shall be paid. The
raid city attorney shall perform such other duties as may be required of him or her by ordinance or
resolution of the council.
§31. Police department.
The police department shall be composed of a ....... : ......
o.,pt, l,.,t,,~t,, o, chief of police and of such
officers, patrolmen and other employees as the council may determine. The ........ ' ...... -'-:--
of police shall have the immediate direction and control of the said department, subject, however,
to the supervision of the city manager and to such rules, regulations and orders as the said city
manager may prescribe· The ........ ' ...... -'
o-ptl,,l,,~,,,,tii, o, chief of police shall issue all orders, rules and
regulations for the government of the whole department, hi
~lit uloaoiiily of the
,~l,.,~,,, ~,~,~.,l,~,.~l t,~.l.pcnsauoi~; The members of the police department shall be appointed and may
be removed by the city manager or ~is the ci_W manager's designee. The council may by ordinance
prescribe rules and regulations governing the residence or nonresidence of any or all members of the
police department ~--' ........ , ..... ~'-, ..... ,-'-- -, ....... ,__., ...... ,_
autu v~aii,a~i, *liai, [~ '--'- COiiiiiii$$iOii. Each member of the ---'-' department shall,
H:\Charter\char2001.102300 40
before entering upon the duties of his office, take and subscribe an oath before the city clerk that he
will faithfully without fear or favor perform the duties of his or her office, and such oath shall be
filed with the city clerk and preserved with the records of 1-fi-s the clerk's office. And in addition, the
severa~ officers of the said department shall, if so required by the council, give bond in such penalty
and with such security as the council may by ordinance prescribe.
No person except as otherwise provided by general law or by this charter shall act as special
police, special detective or other special police officer for any purpose whatsoever except upon
written authority from the city manager. Such authority, when conferred, shall be exercised only
under the direction and control of the sup~i-iiit¢iid¢i~t or chief of police and for a specified time;
provided, however, that the council may from time to time designate the maximum number of such
special police, special detective or other special police officers.
The officers and-privates constituting the police department of said the city shall be, and they
are, hereby invested with all of the power and authority which pertains to the office of constable at
common law in taking cognizance of and in enforcing criminal laws of the State and the ordinances
and regulations of said the city, and it shall be the duty of each such officer and private to use his or
her best endeavors to prevent the commission within the said city of offenses against the laws of
said th._~e State, and against the ordinances and regulations of said city; to observe and enforce all such
laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the
good order of said the city, and to secure the inhabitants thereof from violence and the property
therein from injury. Except as provided by general law, ~ such officers shall have
no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that
may be placed in ,,,~ their hands by any judge or ,,~,,,.,,~},,~, j..~,~,, of the city, and shall make due
return thereof.
H:\Charter\char200 I. 102300 41
The eit3,mmmger chief of police shall prescribe the uniforms and badges for the members
of the police department, and direct the manner in which the members of said the department shall
be armed. Any person other than a member of said th.~e department who shall wear such uniform or
badge as may be prescribed as-aforesaid, may be subjected to such fine or imprisonment, or both,
as may be prescribed by the council by ordinance.
{}32. Fire department.
The fire department shall be composed of a chief and such other officers, firefighters and
employees as the council may determine. The fire chief shall have immediate direction and control
of the said department, subject, however, to the supervision of the city manager, and to such rules
and regulations and orders as the said city manager may prescribe. The city manager shall issue all
orders, rules and regulations for the government of the whole department.
The members of the fire department shall be appointed and removed by the city manager or
his or her designee. In case of riot, conflagration or emergency, the city manager or his or her
designee may appoint additional firefighters and officers for temporary service.
The chief of the fire department and his the chief's assistants are authorized to exercise the
powers of police officers while going to, attending or returning from any fire or alarm of fire. Thc
t'rer-zonmfiss'iom The Oymam, ger fire chief shall prescribe the uniform and badges for the members
of the fire department.
Whenever any building in said the city shall be on fire it shall be lawful for the chief of the
fire department to order and direct such building or any other building which he they may deem
hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be
H:\Charter\char200 t. 102300 42
pulled down or destroyed; and no action shall be maintained against said th.~e chief or any person
acting under his the chief's authority or against the city therefor.,_,~,L"'--' any person,.L~o~,:
The co~cil may establish, M~n ~e fire dep~ent, a rescue squad, cniergciicy squad or
first ~d crew ~o aid ':m~- m,'--:~ ..... m~ua mid m"' m emergency_ medical se~ice.
§33. The annual budget.
The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit
to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department,
the judge of each court, each board or commission, including the school board, and each other office
or agency supported in whole or in part by the city, including the commissioner of the revenue, the
city treasurer, the sheriff, the attorney for the Commonwealth and clerk of courts to file with the
director of finance by March 15 of each year estimates of revenue and expenditure for that
a:~Ch~h~00,.,02300 43
of each such department, judge, board, commission, office or agency to supply all the information
required to be submitted thereon. The director of finance shall assemble and compile all such
estimates and supply such additional information relating to the financial transactions of the city as
may be necessary and present them to the city manager for the timely preparation of the budget. The
city manager, with the assistance of the director of finance, shall review the estimates and other data
pertinent to the preparation of the budget and make such revisions in such estimates as he the city_
manager may deem proper subject to the laws of the Commonwealth relating to obligatory
expenditures for any purpose, except that in the case of the school board budget he the'city manager
may recommend a revision in category totals only.
The budget submitted to the council shall contain the following:
(a) An itemized statement of the appropriations recommended with comparative
statements showing appropriations made for the current and next preceding year.
(b) An itemized statement of the taxes required and of the estimated revenues of the city
from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other
revenues for the current and next preceding year, and of the increases or decreases estimated or
proposed.
(c)
appropriations remaining unencumbered, and the amount of revenues remaining unappropriated.
(d) .... ' ............... '-~' ...... '- ....~'"
explanation o£the estimates for the ensuing year; also a work pro,x'am showing the unde~gs to
be be~m*z and those to be completed during the next year and each of several years in advance.
(e)
(f)
(g)
CSchar2001. I b~lmp828.1
A fund statement showing a condition of the various appropriations, the amount of
A statement of the financial condition of the city.
Such other information as may be required by the council.
Such other information as the city manager deems appropriate or advisable.
44
In no event shall the expenditures recommended by the city manager in the budget exceed the
receipts estimated, unless the city manager shall recommend new or increased revenues within the
power of the city to levy and collect in the ensuing fiscal year.
The city manager shall submit to the council with the budget a budget message which shall
incorporate the most current statement of the financial condition of the city, shall be cx~la~ia~6c:' of
explain the budget and shall describe tt~ its important features, or,he biidg¢~ plasi. It shall set forth
the reasons for salient changes from the previous year in cost and revenue items. As a part of the
budget message, with relation to the proposed expenditures for capital projects included in the
budget, the city manager shall include a statement of pending capital projects and proposed new
capital projects, relating the respective amounts proposed to be raised therefor by appropriations in
the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds
during the budget year.
{}34. The annual appropriation.
Before the end of each fiscal year, the council shall pass an annual appropriation ordinance
which shall be based on the proposed budget submitted by the city manager, and shall levy such tax
for the ensuing fiscal year as in its discretion shall be sufficient to meet all just demands against the
city on any account, subject, however, to the provisions and limitations contained in section 2 and
section 3532 of this charter.
{}35. Fiscal year[; determination of when licenses and taxes payable].
The council may determine when the fiscal year of the city shall begin and end, and may
change the same from time to time. The council may also determine when city licenses and taxes
shall be payable.
§36. Unencumbered balances[; money not to be withdrawn or obligations incurred except pursuant
to appropriations].
At the close of each fiscal year, or upon the completion or abandonment at any time within
the year of any work, improvement or other object for which a specific appropriation has been made,
the unencumbered balance of each appropriation shall revert to the respective fund from which it was
appropriated and shall be subject to further appropriation. No money shall be drawn from the
treasury of the city nor shall any obligation for the expenditure of money be incurred except pursuant
to the appropriations made by the council.
§37. City treasurer.
The city treasurer shall be elected at the time, in the manner and for the term provided in
section eighteen of this charter, t-~ The treasurer shall give bond in such sum as the council may
prescribe with surety to be approved by the council, conditioned for the faith~ discharge oftais the
treasurer's official duties in relation to the revenue of the city, and of such other official duties as
may be imposed upon hlai the treasurer by this charter and the ordinances of the city. He The
treasurer shall collect and receive all city taxes, levies, assessments, license taxes, rents, school
funds, fees and all other revenues or moneys accruing to the city, except such as council shall by
ordinance make it the duty of some other officer or persons to collect, and for that purpose shall be
vested with any and all powers which are now or may hereafter be vested in such city treasurer as
collector of State taxes. He The treasurer shall be the custodian of all public money of the city, and
all other money coming into his hands as city treasurer. The city treasurer shall keep and preserve
such moneys in Such banks or trust companies as may be determined by ordinance or by the
provisions of any law applicable thereto, and may permit securities pledged by the depositories of
city funds to be held in custody by the Federal Reserve Bank of Richmond, Virginia, in accordance
with any operating circular or circulars of such bank. He The treasurer shall perform such other
duties, have such powers and be liable to such penalties as are now or may hereafter be prescribed
by law or ordinance. For such services the city treasurer shall receive such compensation as the
council may from time to time prescribe by ordinance in conformity with general law.
§38. Commissioner of revenue.
The commissioner of the revenue shall be elected at the time, in the manner and for the term
provided in section eighteen of this charter. He The commissioner shall give bond in such sum as
the council may by ordinance prescribe, with surety to be approved by the council, conditioned for
the faithful performance of all t'tis the commissioner's duties under this charter, and under any
ordinance of the city. He The commissioner shall perform such duties not inconsistent with the laws
of the State in relation to the assessment of property and licenses as may be required by the council
for the purpose of lev34ng city taxes and licenses. He The commissioner shall have power to
administer such oaths as may be required by the Council in the assessment of license taxes or other
taxes for the city. He The commissioner shall make such reports in regard to the assessment of both
property and licenses, or either, as may be required by the council. The council may by ordinance
require that all tax bills shall be made out by the commissioner of the revenue and delivered in such
manner as said the ordinance may prescribe. For all such services the saki commissioner of the
revenue shall receive such compensation as the council may from time to time prescribe by
ordinance in conformity with general law.
§39. Vacancies in the office of city treasurer or commissioner of revenue.
In case of any vacancy in the office of the city treasurer or commissioner of the revenue, the
council shall select a qualified person to fill the office in which such vacancy occurs for the
unexpired term; provided that if the term of office so filled does not expire for two years or more
after the next regular municipal election for the election of councilmen following such vacancy, and
such vacancy occurs in time to permit it, a city treasurer or commissioner of the revenue, as the case
may be, shall then be elected and shall from and after the date of his qualification succeed such
appointee and serve the unexpired term.
{}40. Contracts for public improvements; purchases.
Any purchase, public work, or improvement, costing more than ~ fifty_ thousand dollars,
except as provided in the next succeeding section, shall be executed by contract. All contracts for '
more than th/rt-y fifty_ thousand dollars shall be awarded after public advertisement and competition,
as may be prescribed by general law. The city council shall have the power to reject any and all bids,
and all advertisements shall contain a reservation of this fight.
§41. Improvement by direct labor; emergency, work.
After bids shall have been advertised for and received for making any public improvement
or doing any public work, the council may authorize the making of such improvement or doing such
work by the direct employment of the necessary labor and purchase of the necessary materials and
supplies on the basis of detailed estimate submitted by the city manager; provided the probable cost
of such work or improvements as shown by such estimate is less than the bid of the lowest
responsible bidder for the same work or improvement; and provided, further, that the city manager
shall certify to the council that in his or her opinion the cost of making such improvement or doing
such work will not exceed ~ such estimate. Separate accounts shall be kept of all work and
improvements so done or made.
In an emergency requiring immediate action, the city manager may make any purchase or
cause any such improvements to be made or other public work to be done by direct employment of
the necessary labor and purchase of the necessary material and supplies without previously
advertising for or receiving bids therefor. Every such case shall be reported by |~ii the city manager
in writing to the council at its next regular meeting with a statement of the facts constituting such
emergency. Separate accounts shall be kept of all such work; provided that nothing in this or the next
preceding section shall prevent the ~ak~ city from doing maintenance and repair work by direct labor
and from maintaining a reasonable work force of'me~ for that purpose.
{}42. Alterations or modifications of contracts.
When it becomes necessary in the prosecution of any work or improvement under contract
to make alterations or modifications of such contract, such alterations or modifications shall be made
on order of the city council. However, when the amount involved in the proposed alterations or
modifications does not exceed twen~-five percent of the amount of the contract or twenty-frye fifty
thousand dollars, whichever is greater, such alterations or modifications may be made on the order
of the city manager, if the funds necessary_ therefor have been appropriated. No such order shall be
effective until the price to be paid for the work and material, or both, and the credits, if any, to be
allowed the city, under the altered or modified contract, shall have been agreed upon in writing and
signed by the contractor and by the city manager.
{}43. Public advertising.
All public advertising or publications necessary under this charter shall be in a newspaper
of general circulation, published in the city; provided, however, that when the city provides for the
regular periodic publication of an official bulletin of general circulation independent of any
c:~0o~.,~m 49
newspaper, advertising or publication therein shall be sufficient except where otherwise required by
law.
§44. Actions against the city for damages.
No action shall be maintained against the city for injury to any person or property or for
wrongful death alleged to have been sustained by reason of the negligence of the city or of any
officer, agent or employee thereof, unless a written statement by the claimant, his agent, attorney or
representative, of the nature of the claim and of the time and place at which the injury is alleged to
have occurred or been received, shall have been filed with the city attomey~ oi- prcsldcnt c,f couiicil,
oi- -~Sfii the mayor, or city manager, within six months after such cause of action shall have accrued,
except if the complainant during such six-month period is able to establish by clear and c6nvincing
evidence that due to the injury sustained for which a claim is asserted that he was physically or
mentally unable to give such notice within the six-month period, then the time for giving notice shall
be tolled until the claimant sufficiently recovers from said such injury so as to be able to give such
notice.
§45. Laying out of sweets.
No property within the corporate limits of the city of--Ro'anoke or within three miles of said
such limits, as now or hereafter established, shall be laid out with streets, alleys or public easements
or ways thereon, except in accordance with such rules, regulations and provisions which may have
been or hereafter be established, from time to time, by ordinance of the city council. To provide for
the proper and orderly developmem of the city and its environs the council shall have the power, by
ordinance, to make and enforce roles, regulations and provisions for the laying out of such streets,
alleys, public ways or easements and shall have power to require, by the recordation of plats or
c:~20ol.~r.~p82S, t 50
otherwise, that the title to land so laid out shall thereby vest in the said city or in such county as the
land may be situate.
Notwithstanding anything in this section contained, the city shall not be liable for any
accidents or injuries Which may occur or be sustained upon any street, alley, boulevard or way,
heretofore or hereafter laid out, until and unless the said street, alley, boulevard or way shall have
been accepted by the city, and the approval of any plan or plat shall not be taken as an acceptance
by said city of any street, alley, boulevard, way or public place shown on such plan or plat.
¥ -~. tz.x.~-',,~,x v~,~.l
~ §46. Bond issues; borrowing in anticipation of issuance of bonds.
~.~ The council may, in the name and for the use of the city, cause to be issued
bonds for any one or more of the following purposes-namely: To provide for parks and other
recreational purposes, water supply, water works, electric lights or other lighting system, suitable
equipment against fire, or for erecting or improving bridges, viaducts, school buildings, jails, city
halls, fire houses, libraries, museums;, and other public buildings, incinerators, auditoriums, armories,
airports and equipment and furnishings for same; to provide for hospitals and clinics;;
to provide for, a local bus transportation system to operate on regular schedules; grading, paving,
repaving, curbing;, or otherwise improving any one or more of the streets or alleys, or widening
existing ones; or to provide for locating, instituting and maintaining sewers, drains and culverts; or
f-err any other permanent public improvement; to provide for the acquisition of automobiles, trucks
and other automotive and movable equipment or a revolving fund of a,,~ iiioi-~ uxmx ~.,v~ ,~ua~.~u
[.,,,uo,~,~ ,~,,-,~o ta,-,,,,,,,,,,,,.,,,~y for the establishment of a pool of automobiles, macks and other
automotive and movable equipment,- .... : j- j" .... ' ......... :, _L_,, ~_ ....... ,_,.._,_ ~_ .... ~, ........... ,.
issued ~der t~s Cheer except by ~ ordinmce or a resolution adopted by a recorded affi~ative
aj fiW .... '-' .... ~ .......... :~-~ .....
vote ofa m o of all members~,-~",,~ ......... ~,~,,,"- no ,~,, o~,,~ ~ v,~,,~ ,~, flae acqu~s~tioa ora
elected to ~e co.cji. ~y bon~z issued ~&r ~s Cheer my be dmted~ may ma~e at such time
or times not exceeding fo~ ye~s ~om ~eir date or dates~ may be subject to redemption or
rep~ch~c mt such p~c~ or p~c~s ~d ~dcr such t~s ~d conditions ~d may con~n such
ro isions roll as &te~in~d bc~orc ~eir iss~c~ by ~c co~cil or ~ such m~r ~ ~ co~cil
shall provide. ~y such bonds ma~ be~ interest p~able at such time or t~es ~d at such rate or
rotes ~s &te~ined by ~c co.cji or in such ~ncr ~ ~c co~cil tomy provi&~ including the
dete~in~tio~ b~ rc~re~ce to indices or fo~ul~ or by mgen~ desi~ated by ~e co~cil ~der
guidelines established by it. ~e co~cil may fix ~e &nomination or deno~nmtions o~e bonds
~d the plmce or plmces o~pm~ent. ~ such bonds may be issued in registered or book ent~ fo~
or ~y combination of such fo~s~ ~ ~e co~cil mm~ dete~ine. ~c co~cil mmv sell ~ bonds
~utho~zed ~der ~e provisions of this Cha~er i~ such manne~ ci~c~ mt public or p~vate s~le~
for such p~ce ~ the co.cji may dcte~inc. All ~roceeds received by ~e ci~ ~om ~ s~e oSbonds
issued under this Charter shall be deposited and invested in accordance with the provisions of
Public Finance Act of 1991, as from time to time amended
~2] The council, in its discretion, may require that an ordinance or a resolution
adopted by the council authorizing the issuance of general obligation bonds, as defined by the Public
Finance Act of 1991, as from time to time amended, be approved by the affirmative vote of the
majority of the qualified voters of the city voting on the question at an election for such purpose to
be called, held and conducted in accordance with an ordinance or a resolution adopted by the council
providing for such election and for gi-,'ing d~ic ---'-" ....... '- .......... -, -, ....... , ~,, _ _ ,_ ..... ,_ .......
the provisions of the Public Finance Act of 1991, as from time to time, applicable to the ordering an,I
conduct of special elections on the question of the issuance of bonds.
(c~ In no case shall the city issue any bonds or other interest-bearing obligations
which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation
of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes.
In determining the limitation for the city, there shall not be included the classes of indebtedness
described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the
Constitution of Virginia.
~-- aid ...... "-'--" .......~ .... t~c '----4_ _~. ........ , ..............,__ . ,._~_,
~ic saidf..~ The council shall determine the form and the manner of execution of the bonds;
,~-,~, ..,~,.,. Any bonds issued under the provisions of this
Charter aiid aiiy
be executed with the facsimile signature of any official authorized to sign or to execute such bonds
........... T .....
'~' ',"~'v,,,,o. -, ,,,~* If any law shall Provide for the sealing of o~,,,,, bonds with the official or
corporate seal of the c or ,,...,5 0..,,, 5,,-.,5. ,,, aiiy -"~' -:-' -'
,,,-,.,,~ ,,,5,5,~, a facsimile of such seal may
be imprinted on the bonds-'~' ...... '- .... - ·
``a,,~ ¢6uii¢il, and it shall not be necessary in such case
to impress such seal physically upon such bonds. In case any officer whose signature or a facsimile
of whose signature shall appear on any bonds or-cottpo~ shall cease to be such officer before the
delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient
for all purposes the same as ifh~ such officer had remained in office until such delivery, aid aiiy.
Any such bond may bear the facsimile signature of, or may be signed by, .... '
o,,,.11 j,,.l--viis a~ any person
who at the actual time of the execution of such bonds shall be the proper ~ officer to sign such
bond although at the date of such bond such 17,~rsons p?rson may not have been such offkcrs, officer.
When all signatures on bonds are facsimiles, the bonds must be authenticated by an agent a~pointe, I
by the council or in such manner as the council may provide~
~1 In anticipation of the issuance of bonds under the provisions of this section or under
the provisions of the Public Finance Act of 1991, as from time to time amended, and of the receipt
of the proceeds of sale of such bonds, the council may, in the name and for the use of the city, by an
ordinance or a resolution adopted by the council, cause to be borrowed money for the purpose for
which such bonds have been authorized and within the maximum authorized amount of the bond
issue. :Fha-Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuanc,
of bonds under this section or of the Public Finaoce Act of 1991, as f~om time to time amended. The.
ordinance or resolution authorizing any such borrowing shall specify the maximum rate of interest
a:~c~,~,h.a0oi.o~29oo 54
to be paid by the city on such loan, .notes and each such loan note.___~s shall mature and be paid within
five years from the date ofits-origimt-i~ [heir original issuance,. Any such notes may be extended
9r refinanced from time to time; provided that no note issued upon any such extension or refinancin~
shall mature later than five years from the date of the original issuance of such notes. The city may,
in its discretion, retire any such loans by means of current revenues, special assessments; or other
funds, in lieu of retiring them by means of bonds, and may, thereafter, provide for the issuance of
the maximum amount of bonds that has been authorized without reduction by the amount of such
1 ti d i h '~ ...... '-, .... ,- -
oans re re n suc manner. ,,,.~u,.,,o,,. ..... " '- : ..... J ~- .... ,,
Iii
~,,~ hnic ,l,i,~,,.,~ by ~,,,~ o~,.,l,,,,; The issuance of such notes and other details thereof shall be
governed by provisions of the ordinance or the resolution or-e~in,~x~ of the council authorizing
such borrowing, not inconsistent with the provisions contained in this paragat~, section.
~ Notwithstanding any other provision of law, the council is authorized and
required to levs, and collect annually, at the same time and in the manner as other taxes of the cit3r
are assessed, levied and collected, a tax upon all taxable property_ within the city, over and above ali
other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to
pay when due the principal of and premium, if any, and interest on any general obligation bonds
notes of the city issued under the provisions of this Charter to the extent other funds of the city
not lawfully available and appropriated for such purpose.
i.g) All such bonds shall be deemed to be negotiable instruments under the law~
of the Commonwealth and are made securities in which public officers and bodies of th<:
Commonwealth, counties, cities and towns and municipal subdivisions of the Commonwealth,
insurance companies and associations, savings banks, savings insfiiutions, savings and loan
H:\Chm'~h~2001.092900 55
associations trust corn anies beneficial and benevolent associations administrators ardians
executors trustees and other fiduciaries in the Commonwealth ma ro erl and le all invest funds
U. nder their control.
H:~'Ch'"~"'h"~OO"O'n~ 56
,~fioO {}47. Special assessments.
All local or special assessments shall be made and collected as council shall prescribe by
ordinance and in accordance with law, and such special assessments shall have priority over all other
claims or liens, whether prior or subsequent thereto.
~ §48. Lien of taxes, ct
There shall be a prior lien on all real estate and on each and every interest therein for the city
taxes as assessed thereon, from the commencement of the year for which they were assessed, and
also for all local assessments which may be made thereon according to law. There shall also be a lien
on any land or premises for the mount of expense incurred by said the city in abating any nuisance
thereon or cutting or removing weeds therefrom, after notice to the owner thereof by publication or
otherwise as may be provided by ordinance; provided, however, that the lien for the amount of any
such local assessment or for the expense of abating any nuisance or cutting or removing weeds from
any premises shall not be good against a purchaser of land or premises for value without notice
except and until from the time that the same shall be recorded in records or books kept for that
purpose in the office of the city clerk and recorded and indexed in the office of the clerk of the circuit
court in the name of the person or persons owning such estate or land at the time the said lien
accrued. The council may require such real estate in the city delinquent for the non-payment of taxes,
or assessments or expenses incurred as above provided, to be sold for said taxes or assessments or
expenses, with interest thereon at the maximum rate authorized by general law of the
Commonwealth, and such percentage as may be prescribed for charges; and the council may regulate
the terms on which the real estate so delinquent may be sold or redeemed.
~ §..49. [Distraint and sale of goods and chattels for unpaid taxes; payment of taxes by tenants
or fiduciaries.]
All goods and chattels of any person against whom taxes for the city are assessed may be
distrained and sold for said taxes when due and unpaid in the same manner and to the same extent
that goods and chattels may be distrained and sold for State taxes.
A tenant by whom payment is made or from whom payment is obtained, by distress or
otherwise, of taxes or levies due the city, by a person under whom he holds, shall have credit for the
same against such person out of the rents he may owe him, except when the tenant is bound to pay
such taxes and levies by an express contract with such persons. And where taxes or levies are paid
to the city by any fiduciary on any estate in his hands or for which he may be liable, such taxes and
levies shall be refunded out of the sa~d estate.
~ §50. License taxes.
(a) License taxes may be imposed by ordinance on businesses, trades, professions, and
callings and upon the persons, firms, associations and corporations engaged therein and the agent
thereof, except in cases where taxation by the localities shall be prohibited by the general law of the
State, and nothing herein shall be construed to repeal, or amend any general law of the State with
respect to taxation.
(b) The council may require every person, farm or corporation using or operating a cart,
~,~,,, ~,~y, ~,u~, ,..~,~:~,~, ,~,~,.,,~,~,,.~, or motor'a'trekr-o'e-other vehicle, on the streets 0fthe
city to secure a license and to pay a tax therefor, whether such vehicle is used or operated for
compensation or not.
(c) The council may subject any person, firm or corporation who or which without having
obtained a license therefor, shall follow any business, occupation, vocation, trade, pursuit, calling,
or shall do any other act for which a license is required by this section, to such fine or penalty as it
is authorized to impose for any violation of its laws.
(d) The council may, in its discretion, determine whether or not the commissioner of the
revenue shall receive fees for issuing and transferring city licenses, and it may fix the amount of such
fees and change the same from time to time; provided, however, that no such fees shall be payable
out of the city treasury, but shall be paid by the person obtaining the license or transfer, and such
license or transfer may be withheld by the commissioner of the revenue until such fees are paid.
(e) Council may provide by ordinance for revoking any license for failure to comply with
conditions upon which same is granted.
~ §51. Rehabilitation incentive program.
Council shall be authorized to establish by ordinance a grant program to encourage the
rehabilitation and use of older residential, commercial and industrial buildings, for the improvement
and revitalization of the city. Such ordinance shall specify the age of buildings and type and extent
of rehabilitation qualifying for rehabilitation grants, shall establish a formula for determining the
amounts of such grants, which shall be related to the value added to the buildings by renovation, and
shall set the time and procedure for payment, which may be in one lump sum or in installments.
§52. School-': .... '
,~u,,,o board members,
The city eff-Rmm~e shall not be subdivided into school districts, but for the purpose of the
election and qualification of school trustees board members of the City of Roanoke School Board
the city shall be considered as one district. Seven (7) members shall be elected by council as
prescribed by ordinance, and they shall serve the city at large.
~ .-'J. o~,~vv~ ov~ L~.~,~ .
H:\Ch~er~luw2001.092900 59
The members of the school tmste~ board now in office shall continue until the end of the
terms for which they were elected, aiid ....... "-'--" -, .... ,--'---
~ §53. Powers and duties of the school board.
The school ~ board members of the city school board shall be a body corporate
under the name and style of the School Board of the City of Roanoke, and shall have all of the
powers, perform all of the duties and be subject to all of the limitations now provided, or which may
hereafter be provided by law in regard to school boards of cities and except that all real estate with
the buildings and improvements thereon heretofore or hereat~er purchased with money received fi.om
the sale of bonds of this city, appropriated by the council or received fi.om any other source for the
purpose of public education, shall be the property of the said city of Roanoke, unless such money
so received fi.om any other source be received on other conditions. The school board shall transmit
to the council and to the city director of f'mance a detailed statement of all moneys received by said
the board or placed to its credit. Separate accounts shall be kept by the said board of moneys
appropriated by the council, and moneys received fi.om other sources, and every such statement shall
show the balance of each class of funds on hand or under control of said the board as of the date
thereof.
The school board shall on or before March 15 of each fiscal year prepare and submit to the
council or its designee for its information in making up its proposed annual budget a detailed
estimate, in such form as said the council or its designee shall' require, of the amount of money
required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate
of the amount of all funds which will probably be received by said th._~e board for the purpose of
public education fi.om sources other than appropriations by the council.
,:~c~.,~.~0o,.0n~ 60
The council may, at its discretion, by ordinance provide for an audit of the affairs and records
of the school board by the municipal auditor or by any other competent person or firm selected by
the council.
~ §54. r~ ....... ~. ..... ~ ..... , .... 4,
t.~.,-' ,o .,. ,~,~,,,,, ~.-.-.~., Ex~ate~tofi~ j~sdiction of ciW ~d gener~ dis~ct
~e ciW sh~l have ~d may exercise ~1 police power ~ted by gener~ law or ~s cheer
wi~ respect to ci~-omed l~d ~d prope~ l~ng beyond ~e co.orate 1~ of ~e ci~.
~e gener~ dis~ct corn of~e ci~ sh~l havej~sdiction of~l offenses co~i~ed wi~ one ~le
~om ~e co.orate limiB of ~e ciW agmt iB ordin~ces prescribing roles ~d regulations, ~d
pen~ties for violation of such roles ~d re~atiom, relating to ci~-o~ed l~d ~d prope~ beyond
its co.orate 1~. Beyond shd such one role l~t, ~e generfl dis~ct co~ having cmin~
j~sdiction in ~e mmcip~ co~omfion where.' ~e offeme w~ co~aed, or ~e gene~ dis~ct
corn of ~e co~W where~ such offeme w~ co. Red sh~l Mve j~sdiction of offe~es against
the afores~d ord~ces of ~e ciW co~ed more ~ one role ~om its co.orate l~its; ~d
appeals may be ~en ~ such c~es to ~e co~ of record hav~g j~sdiction in s~d such o~er
mmcip~i~, or co~. MI ~es ~d cosB ~sessed upon conviction h s~d such o~er j~sdictions
sh~l be p~d ~to ~e ~e~ of~e co~ or mmcip~i~ where~ ~e offense w~ co~aed ~d
~ed.
~ §55. Clerks of court.
Notwithstanding any provision of general law, the clerk of the circuit court of the city shall
be paid a salary as provided by law, which salary shall be in full compensation for services and shall
be in lieu of the retention by such clerk of any and all official fees and commissions of whatever kind
or character, and from whatever source derived, and the council shall provide for the payment of
such salary out of the treasury of the city. The expenses of the office of such clerk, including
compensation of deputies and employees, shall be likewise paid out of the treasury of the city on
duly authenticated vouchers, when and as such expenses are incurred, or may become due and
payable.
All fees and commissions of every kind or character received or collected by such clerk, and
from whatever source derived, shall be paid into the treasury of the city. All fees and commissions
of every kind and character, whether payable by the State, the United States, or by private persons,
firms or corporations, now or hereafter receivable by law or ordinance by such clerk, shall continue
to be paid to and collected by him, and shall be paid into the treasury of the city. The city shall not
be required to pay any such clerk any fees or commissions for services performed for such city.
§56. [-Ownership and custody of] books, records, et cetera.
All books, records and documents used by any city officer, or employee, attorney for the
commonwealth, commissioner of the revenue, clerk of court, or treasurer for this city, in his office
or pertaining to his duties shall be deemed the property of ~/fid the city, and the chief officer in
charge of such office shall be responsible therefor. Any such officer or person made by this section
responsible for the keeping of such books, records and documents shall, within ten days after the end
of his term of office, or within ten days after the date of his resignation or removal from office, as
the case may be, deliver to his successor or the city clerk, as may be proper, all such records and
documents. Any such officer or person falling to deliver such books, records or documents, as
required by this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not
exceeding six months, or both, in the discretion of the court or jury before whom the case is tried.
§57. Qualification of members of the council and other officials.
The members of the council before entering upon the duties of their respective offices shall
each take the oaths prescribed by the laws of this State for State officers. Such oaths may be
administered by any judge of a court of record within smd thee city, and the certificate thereof shall.
be filed with the city clerk and entered upon the journal of the council. Every other person elected
or appointed to any office under this charter or under any ordinance of the council, -
taboret, shall before entering upon the duties of hi~ office take and subscribe said oaths together
with such other oaths as may be required by ordinance, before any person authorized to administer
an oath, and the certificate of the same shall be filed in the office of 3aid th___e city clerk. The clerk of
the circuit court of said city shall notify all persons elected by the people under this charter of their
election, and the city clerk shall notify all persons elected by the council of their election. If any
person elected to any office in the :,aid city shall after receiving notice of election fall to take such
oaths and give such bonds, with surety, as may be required by law or ordinance, he shall be
considered as having declined said such office, and the same shall be deemed vacant, and such
vacancy shall be filled according to the provisions of this charter.
§58. Bonds of officers [-and employeesl.
Except in the case of officers whose bonds are specially provided for by this charter, the
council in fixing the salary of any officer, clerk or employee of the city, shall determine whether such
,:~c~,,~a0o,.0~ 63
officer, clerk or employee shall give bond and the amount or penalty thereof. All officers required
by this charter to give bond, and all officers, clerks and employees of whom bond is required by the
council shall, before entering upon their respective duties, give bond with surety to be approved by
the council, conditioned for the faithful performance of the duties of their respective offices, which
bond, unless otherwise specially provided by this charter, shall be payable to the said city, and in
such penalty as the council may by ordinance prescribe. The council shall accept as surety on any
such official bond only a good solvent surety or fidelity company authorized to do business in this
State. The council may provide that the premium on any such bond shall be paid by the city. The
sureties on the bond of any such officer shall be equally liable for the acts of any deputy or deputies
of such officer as for those of such officer himself. Unless otherwise specially provided in this
charter, all such bonds shall be filed with and preserved by the city clerk. The parties to bonds taken
in pursuance of this section shall be subject to the same proceedings on said such bonds for enforcing
the conditions and terms thereof by motion or otherwise before the circuit court of said the city, as
are now or may herea~er be provided by law in the case of collectors of the county levy and the
sureties on their bonds for enforcing payment of the county levies.
fffr2:. §59. Zoning.
(1) For the promotion of health, safety, morals, comfort, prosperity, or general welfare
of the general public, the E-council -~'"- - ~:-- -~'"' ..... ,--
_ ,- ,.,.,. ,~,,: ,.,· ·,,,,~,,,,,~ may, by ordinance, divide the area of the
city into one or more districts of such shape and area as may be deemed best suited to carry out the
purposes of this act, and in such district or districts may establish, set back building lines, regulate
.:~c,~.,:oo..o~ 64
and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings
and other structures, their height, area and bulk, and percentage of lot to be occupied by buildings
or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence
and other specific uses of the premises in such district or districts. Any ordinance enacted under the
authority of this act may exempt from the operation thereof any building or structure used or to be
used by a public service corporation (not otherwise exempted) as to which proof shall be presented
tO the ~--- -j --"---: ~
~,~,,~, v, ~,,,,i,~, apVca[, city that the exemption of such building or structure is reasonably
necessary for the convenience or welfare of the public.
(2) All such regulations shall be uniform for each class or kind of buildings throughout
each district, but the regulations in one district may differ from those in other districts.
(3) Such regulations shall be made in accordance with a comprehensive.plan, and
designed to lessen congestion in the streets, to secure safety from fa'e, panic and other dangers, to
promote health and the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, and other public requirements. Such
regulations shall be made with reasonable consideration among other things, to the character of the
district and its peculiar suitability for particular uses, and with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the city.
(4) The ~--council -~'"-- '~'~- - ~' ...... ,--
_ ~,, ~,~. ,~,,~ ~,. ,~,.1.,~,,~ shall provide for the manner in which such
regulations and restrictions and the boundaries of such districts shall be determined, established and
enforced, and from time to time amended, supplemented or changed. However, no such regulation,
restriction or boundary shall become effective until after a public hearing in relation thereto,
conducted in conformity with state law, at which parties in interest and citizens shall have an
rtunity ·
oppo to be heard. '" .... ~-~-- S iiGtiCC _e .... ·
.:~c~oo~.o~ 65
(5) Such re~laion, resections, ~d bo~d~es may ~om time to time be ~ended,
supplemented, ch~ged, modified, or repeEed ' ..... ' ............
by
(~ (~ ~ order to facili~te ~e creation of a conve~ent, a~ac~v~ ~d h~o~o~
co~~, ~e ~ ...... ' -~
pl~g co~ssion ~d public notice ~d he~g p~s~t to ~ I ~. 1-431 State law, establish
desi~ overlay disMcts to encomge compaible development
adopted comprohe~ive pl~ ~ MvMg Mstofic v~ue or ~que ~cMtec~ v~ue ~d located ~n
~ ~ea desi~aed on ~ adopted pl~ for co~e~aion, rehabilitation or redevelopment. In such
~e~, ci~ co=cil sh~l adopt specific stands ~ to new cons~ction or rehabilitation ~in view
~om ~e public s~ee~ ~d provide for a desi~ review process. Ci~ co~cil may establish a fee
applicable to such desi~ renew process wMch shall not exceed ~e acm~ cost of such review
process or ~o h~&ed doll~s, wMchever is less.
~ (7) ~ Co-~kGl co~cil of~e Ci~ ofRo~oke sh~l appoMt a co~ission to be ~o~
~ ~e pl~g co~ssion to reco~end
pfia ~ · · -
91L~ UI I~.UIlIIUI~.U ~11(111 tau ~[1~11 (l~tlUll UII
i'~poi~ - ~''- - ' '
~ case ~y building or s~ct~e is erected, constructed, reconstructed, altered,
repaired, or conve~ed; or ~y building, stmct~e or l~d is used in violation of this act cheer or of
any ordin~ce or other regulation made ~der au~oriW confe~ed hereby, the proper authorities of
the ciW, in addition to other remedies, may institute any appropriate action or proceeding to prevent
such ~la~l erection, construction, reconstruction, alteration, repair, conversion, to restrain, co~ect
or abate such violation, to prevent the occup~cy of said such building, structure or l~d, or to
prevent ~y illegal act, conduct, business or use in or about such premises.
~ Said Such regulations shall be e~orced by the division dep~ment of building
inspection which is empowered to cause ~y building, stmct~e, place or premises to be inspected
~d exmined ~d to order in ~iting the remedying of~y condition found to exist therein or thereat
in violation of ~y provision of the regulations made ~der au~ori~ of tbs or ~e preceding
p~agraph. The o~er or general agent of the building or premises where a violation of~y provision
of said such regulations has been co~i~ed or sh~l exist, or the lessee or tenet of an entire
building or entire premises where such violation has been co~i~ed or shall exist, or the o~er,
general agent, lessee or tenet of ~y p~ of ~e building or premises in which such violation has
been co~i~ed or shall exist, or the general agent, ~chitect, builder, con,actor or ~y other person
who co--its, t~es p~ or assists in ~y such violation or who maintains ~y building or premises
in which ~y such violations shall exist shall be guilW ofa misdeme~or, p~ishable
I .... 1 ........ ]_1, ............... 1 ..... 1 ....... ] ~_11 .... i~ d by St 1 ~ ~y f
i~a~ [llml t~ll uullma llUl lllUl~ [llml on~ [llUU~mlu uullma, as pe~ e ate aw. case o
· e existence of a violation of ~y provision of s~d such regulations the omer, lessee, tenet or
agent sh~l be subject to a civil penalW
H:XC~erXch~2001.102300 67
§60. Board of Zoning Appeals.
fi7-) (a) The,..,,'~ ...... ~,~ ,-"~ council of the ,_."'-' ~-, ~y ..-~'~'..~.,~..,.~'-- may appoint a board of zoning appeals,
and in the regulations and restrictions adopted pursuant to the authority of this act may provide that
the said board of zoning appeals may, in appropriate cases and subject to appropriate conditions and
safeguards, vary the application of the terms of the ordinance in harmony with its general purpose
and intent and in accordance with general or specific r~les therein contained.
(-8-) b~l The board of zoning appeals shall consist of five members, each to be appointed for
a term of three years and removable for cause by the appointing authodt7 council, upon written
charges and after public hearing. · ,,~
Ui tll~ lll~lliU¢i~ ~1 ¥1iig UII ~11~
' ....... -' .... ] ~ .... ~*' .............. ~ pi
o~ ,~},},,,,,.~, ,,,. teniis,,, ~,-,~,. ~,~ ,.,,,~**. Vacancies shall be filled for the unex red term of any
member whose term becomes vacant.
(-9-) (c) The board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and such
other times as the board may determine. Such chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings of the board shall be open
to the public. The board shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its
H:\Charter\¢har2001.102300 6 8
examinations and other official actions, all of which shall be immediately filed in the office of the
board, and shall be a public record.
(-~ ~ Appeals to the board of zoning appeals may be taken by any person aggrieved
or by any officer, department, board or bureau of the city affected by any decision of the
administrative officer. Such appeal shall be tak ....
,.,, ~,,--,. ,,.o~,,..o,~. ~.,,~ a~ ~n tlae manner provided
-,,. ,-,,.o ,,, ~,,,. boai-d state law by filing with the officer from whom the appeal is taken and with
the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon
which the action appealed from was taken.
(-H-)/.~ An appeal shall stay~ all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals after
the notice of appeal shall have been filed ~ that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall
not be stayed otherwise than by a restraining order which may be granted by the board of zoning
appeals or by a court of record on application therefor, ar~e} following notice to the officer from
whom the appeal is taken and on due cause shown.
(-t-2-) (fl The board of zoning appeals shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may appear in person or by agent or by
attorney.
The board of zoning appeals shall have the following powers:
To hear and decide appeals ~,-hc.i-~ }t }s alleged ~li~i-c is cftc, i- in from any order,
requirement, decision, or determination made by an administrative officials in the administrative
enforcement of this act charter or of any ordinance adopted pursuant thereto.
.:,c~,,~0o,.o~ 69
(-b-) ~ To hear and decide special exceptions to the terms of the ordinance upon
which such board is required to pass under such ordinance.
(c-) 3~ To authorize upon appeal in specific cases such variance from the terms of
the ordinance as will not be contrary to the public interest where~ owing to special conditions~ a
literal enforcement of the provisions of the ordinance will result in unnecessary hardship, anfl-~
provided that the spirit of the ordinance shall be observed and substantial justice done.
(-1-+) (h) In exercising the above-mentioned powers such board may, in conformity with
the provisions of this act, reverse or afl'm, wholly or partly, or may modify the order, requirement,
decision or determination appealed fi.om and may make such order, requirement, decision or
determination as ought to be made, and to that end shall have all the powers of the officer fi.om
whom the appeal is taken.
(-35-) (il The concurring vote of three members of the board shall be necessary to
reverse any order, requirement, decision or determination of any such administrative official, or to
decide in favor of the applicant on any matter upon which it is required to pass under any such
ordinance or to effect any variation in such ordinance.
(-36) (i) Any person or persons, jointly or severally, aggrieved by any decision of the
board of zoning appeals, or any officer, department, board or bureau of the mtmicipality, may present
to a court of record of the Ci~- -~TM..... '-- _
,,, .,,,,,,~,~,~ city a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within thirty days at~er the filing of the decision in the office of the board.
fi-7-) kf~ Upon the presentation of such petition, the court may allow a writ of certiorari
directed to the board of zoning appeals to review such decision of the board of zoning appeals and
shall prescribe therein the time within which a remm thereto must be made and served upon the
relator's attorney, which shall not be less than ten days and may be extended by the court. The
mchm~2oo [o,n~oo 70
allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may,
on application, on notice to the board and on due cause shown, grant a restraining order.
(-1'8-)/.!.l The board of zoning appeals shall not be required to return the original papers
acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such
portions thereof as may be called for by such writ. The return shall concisely set forth such other
facts as may be pertinent and material to show the grounds of the decision appealed fi'om and shall
be verified.
(--1-9-) ~ If, upon the heating, it shall appear to the court that testimony is necessary for
the proper disposition of the matter, it may take evidence or appoint a commissioner to take such
evidence as it may direct and report the same to the court with his findings of fact and conclusions
of law, which shall constitute a part of the proceeding upon which the determination of the court
shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought
up for review.
~ n~ Costs shall not be allowed against the board, unless it shall appear to the court
that it acted with gross negligence or in bad faith or with malice in making the decision appealed
from.
(-2-1--) ('o) All issues in any proceeding under this section shall have preference over all
other civil actions and proceedings, except where otherwise provided by general law.
§61. Architectural Review Board.
(--24-) The ~ ...... "-~"-- ~'~- -~ '" .....,--
~""'"-" ", ",~ ,-.,,~ ,,, ,-,,~.,,~-~ council shall appoint an architectural review
board. Such board may be authorized to delegate to an agent its authority to issue any certificate of
appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed
pursuant to the applicable city ordinance, and shall apply the same guidelines and review standards
~:~c~,,~aoo,.og:~ 71
applicable to the board. Any person aggrieved by any decision of the agent made pursuant to this
delegation may appeal to the board within a reasonable time as provided by city ordinance by filing
with the board a notice of appeal specifying the grounds thereof. A decision of the board may be
appealed to the city council and thereafter to the circuit court pursuant to § ' ~ '
· -,., -5,?,3.2 the provisions
of the Code of Virginia.
62. I. 62.
Authority of city council to impose civil penalties for wrongful demolition of historic
buildings.
1. Notwithstanding the provisions of any state law which authorizes civil penalties for
the violation of a local zoning ordinance, the council of the City of-Rmme~ may adopt an ordinance
which establishes a civil penalty for the demolition, razing or moving of a building or structure
without obtaining any required demolition permit and certificate of appropriateness when such
building or structure is located within any historic zoning district of the city. The penalty established
by the ordinance shall be imposed on the party deemed by the court to be responsible for the
violation and shall not exceed twice the fair market value of the building or structure, as determined
by the city real estate tax assessment at the time of the demolition.
2. An action seeking the imposition of such a penalty shall be instituted by petition filed
by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be
the burden of the city to show the liability of the violator by a preponderance of the evidence. An
admission of liability or finding of liability shall not be a criminal conviction for any purpose. The
filing of any action pursuant to this section shall preclude a criminal prosecution for the same
offense, except where the demolition, razing or moving has resulted in personal injury.
3. The defendant, within twenty-one days after the filing of the petition, may file an
answer and, without admitting liability, agree to restore the building or structure as it existed prior
[-l:\Chlrt~Jiif~O01.091~00 72
to demolition. If the restoration is completed within the time agreed upon by the parties, or as
established by the court, the petition shall be dismissed from the court's docket.
4. Nothing in this section shall preclude any other action by the zoning administrator
as authorized by law, either by separate action or as a part of the petition seeking civil penalty.
§63. Power to appoint boards or commissions of citizens.
The council may provide for the appointment of boards or commissions, to be composed of
such number of citizens as the council may deem expedient to act in an advisory capacity in-
conjunction with any one or more of the officers of the. city. The members of all such commissions
shall serve without compensation.
§64 Working prisoners and other persons convicted of offenses.
Subject to the general laws of the State regulating the working of those convicted of offenses
against the State, the council shall have the power to provide by ordinance for the supervision,
management, and control of persons convicted of violating the laws of the Commonwealth of
Virginia or the ordinances of the city of Roanoke who are referred to the city for public service work
by courts of record and not of record.
§65. Pensions, relief and retirement funds.
The council shall maintain and preserve the systems for the pension, reliefancl/or retirement
of employees of the city existent on the effective date of this charter and none of the privileges and
benefits provided for or available to the members of such systems shall be curtailed or lessened;
provided, however, that the council shall, from time to time, by ordinance, make such reasonable
.:~c~,.~aoo,.o~o 73
changes in ~ald such systems as will keep them actuarially sound and may, likewise, increase the
privileges and benefits provided for or available thereunder to the members thereof; and provided,
further, that the council may, at any time, limit the operation of such systems to those employees who
are members thereof on the effective date of such limitation.
The council of said the city shall continue to have authority to establish and maintain a fund
or funds for the pension, reliefancVor retirement of persons in the service of the city; to receive gifts,
devises and bequests of money or property for the benefit of such fund or funds; to make
contributions of public moneys thereto on such terms and conditions as it may see fit; and to make
rules and regulations for the management, investment and administration of such fund or funds not
inconsistent with this charter.
In addition, the council shall have authority, by ordinance, to provide for the participation
of the city and its employees, the employees of the school board and the employees of any board or
commission established by the council, in any welfare, relief, retirement, or security program
established by the Congress of the United States or by the General Assembly of Virginia.
The council may, in its discretion, provide for participation in any pension or retirement fund
by any deputies or employees of the commissioner of the revenue, treasurer, Commonwealth's
attorney, the clerk of courts or city sergeant, whose salaries are paid in whole or in part by the city,
and allow them to participate in any such welfare, relief, retirement or security program.
§66. General laws to apply.
All general laws of the State applicable to municipal corporations now in existence or
hereafter enacted and which are not in conflict with the provisions of this charter or with ordinances
or resolutions whereaffer enacted by the council pursuant to authority conferred by this charter shall
be applicable to the said city; provided, however, that nothing contained in this charter shall be
.:~c~a0o,.0~2~ 74
construed as limiting the power of the council to enact any ordinance or resolution not in conflict
with the Constitution of the State or with the express provisions of this charter.
§67 Attomey for Commonwealth to prosecute violations of ordinances.
The~,~,~--' J attorney for the Commonwealth shall prosecute the violations of all city ordinances,
both in the general district court and upon appeal, and shall notify the city attorney in all such
prosecutions in which the validity of a city ordinance is attacked.
§68. Present ordinances and rules and regulations continued in effect.
All ordinances and resolutions of the city and all rules, regulations and orders legally made
by any department, board, commission or officer of the city, in force at the effective date of this
charter, insofar as they or any portion thereof are not inconsistent therewith, shall remain in force
until amended or repealed.
§69. Continuance of officials and officers.
Except where this charter may otherwise provide, all officials and officers of the city holding
office immediately prior to the effective date of this charter, whether such office be elective or
appointive, shall continue in such office until the expiration of their respective current term of office
or until their respective successors shall have been elected or appointed and qualified or until such
office may be lawfully terminated.
.:~c~oo,.o,~ 75
§70. Continuance of internal organization of the city.
Except where this charter may otherwise provide, the several departments, commissions,
boards and other administrative units of the city functioning at the effective date of this charter are
hereby continued until otherwise provided by ordinance.
§71. Continuance of contracts.
All contracts entered into by the city or for its benefit prior to the taking effect of this charter
shall continue in full force and effect. All public works begun prior to the taking effect of this charter
shall be continued and completed hereunder. Public improvements for which legislative steps shall
have been taken under laws in force at the time this charter takes effect may be carded to completion
in accordance with the provisions of such laws.
§72. Partial invalidity.
If any clause, sentence, paragraph, or part of this Act [-chartert shall for any reason be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of said-A~'t the charter, but shall be confined in its operations to the
clause, sentence, paragraph, or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
§73. Citation of charter.
This charter may for all purposes be referred to or cited as the Roanoke Charter of Nineteen
I Iuii&¢d ;aid Fi~--t-~-o Two Thousand and One.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
November 27, 2000
File #122-467
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 20, 2000, George C. Miller, 3349 Kershaw Road, N. W., addressed Council in
regard to the renovation of Victory Stadium, and recommended that representatives of the
Roanoke City Public School System be included in plans for renovations to and/or
construction of a new stadium.
The matter was referred to the City Manager for appropriate response.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Mr. George C. Miller, 3349 Kershaw Road, N. W., Roanoke, Virginia 24017
H:~Agenda.00\November 20 correspondence.wpd