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HomeMy WebLinkAboutCouncil Actions 09-18-00WHITE 35054 ROANOKE CITY CO UNCIL REGULAR SESSION September 18, 2000 12:00p. m. WYNDHAM ROANOKE HO TEL 2801 HERSHBERGER ROAD, N. W. 1. Call to Order--Roll Call. All Present. The meeting was declared in recess at 1:35 p.m., to be reconvened at 3:00 p.m., in the William Ruffner Middle School Cafeteria, 3601 Ferncliff Avenue N. W., City of Roanoke. ROANOKE CITY CO UNCIL REGULAR SESSION September 18, 2000 3:00p. tn. WILLIAM R UFFNER MIDDLE SCHOOL CAFETERIA 3601 FERNCLIFF,4 VENUE, N. W. AGENDA FOR THE COUNCIL 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. NOTICE: Today's meeting will be aired on Channel 3 on Thursday, September 21,2000, at 7:00 p.m., and Saturday, September 23, 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, 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 COUNCIL CHAMBER. PRESENTATIONS: A resolution memorializing the late Judith M. Hackworth. Adopted Resolution No. 35054-091800. (7-0) File #80-83-367 A resolution memorializing the late Judge Fitzpatrick. Adopted Resolution No. 35055-091800. (7-0) File #80-367 CONSENT AGENDA (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. C-1 Minutes of the Financial Planning Session of City Council held on Saturday, March 4, 2000; and regular meetings of City Council held on Monday, April 3, 2000, and Monday, April 17, 2000. RECOMMENDED ACTION: Dispense with the reading thereof and approve as written. C-2 A communication from Evelyn S. Lander tendering her resignation as a member of the Metropolitan Planning Organization of the Roanoke Valley- Alleghany Regional Commission. RECOMMENDED ACTION: File #15-110-236 Receive and file the accept the resignation. communication and C-3 Qualification of Evelyn F. Board as a member of the Human Services Committee for a term ending June 30, 2001. RECOMMENDED ACTION: Receive and file. File #15-110-318 4 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ae Request to present Cost Collection Department results for fiscal year 1999-2000. The Honorable Donald S. Caldwell, Commonwealth's Attorney. Received and filed. File #133 4. PETITIONS AND COMMUNICATIONS: A communication from the Honorable William D. Bestpitch, Council Member, with regard to adoption of a measure lending the City's support to the National League of Cities Campaign to promote Racial Justice, which will be launched on September 20, 2000, in Washington, D.C. Adopted Resolution No. 35056-091800 (7-0) File #11-132-228 A communication from the Honorable Arthur B. Crush, III, Clerk of Circuit Court, recommending acceptance of grant funds, in the amount of $43,965.00, from the Compensation Board Technology Trust Fund for upgrades to current recordation equipment; and a report of the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 35057-091800 and Resolution No. 35058-091800 (7-0) File #60-103-214-236-472 Co A communication from the Roanoke City School Board requesting appropriation of funds to various school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35059-091800. (7-0) 5 File #60-467 do A communication from the Roanoke City School Board requesting adoption of a resolution in connection with the issuance of General Obligation Qualified Zone Academy Bonds, in an aggregate principal amount not to exceed $1,291,618.00, for renovations at the Roanoke Academy for Mathematics and Science. Adopted Resolution No. 35060-091800 (7-0) File #53-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of a contract with Wilbur Smith Associates, Inc., for consultant services in connection with the Riverside Centre for Research and Technology Interchange Justification Report, in the amount of $145,162.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35061-091800 and Resolution No. 35062-091800. (7-0) File #20-60-405-440-450 e A report recommending adoption of a measure to update the regulation of solid waste collection. Adopted Ordinance No. 35063-091800. (7-0) File #24-144 A report concurring in a recommendation of a committee that the bid of SCL A-1 Plastics LTD, for supplying 27,000 recycling containers to the City, in the amount of$121,230.00, be accepted; that all other bids be rejected; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35064-091800 and Ordinance No. 35065-091800. (6-1, Council Member Wyatt voted no) File #60-282-472 A report recommending appropriation of funds, in the amount of $57,928.00, in connection with the Forfeited Property Sharing Program. Adopted Budget Ordinance No. 35066-091800. (7-0) File #5-60 A report recommending appropriation of$ 9,000.00 in connection with acceptance of an assistive technology grant by the Library of Virginia, which will be used to purchase eight 21-inch computer monitors. Adopted Budget Ordinance No. 35067-091800. (7-0) File #60-236-323-472 A report recommending authorization to continue services of the Outstationed Eligibility Worker at the Health Department, in the amount of $32,327.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35068-091800 and Resolution No. 35069-091800. (7-0) File #22-60-72 e REPORTS OF COMMITTEES: ao A report of the City Planning Commission recommending appointment of 30 citizens and two City Planning Commission members to the Vision 2001 Citizens' Advisory Committee. Melvin L. Hill, Chairperson. Referred to the City Manager for study and report to Council. File #110-200-405 7. UNFINISHED BUSINESS: NONE. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 35047, on second reading, authorizing extension of the term of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., to provide for a new term ending May 31, 2041, for property known as the Jefferson Center. Adopted Ordinance No. 35047-091800. (7-0) File #166-337-373 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council adopted a motion to convene in closed session, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended, to discuss a matter with regard to reappointment of Council- Appointed Officers. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING MATTERS: OF CITIZENS UPON PUBLIC 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. CERTIFICATION OF CLOSED MEETING. (7-0) The following Council-Appointed Officers' terms of two years, each, ending September 30, 2002: Director of Finance - City Attorney - City Clerk - Municipal Auditor - James D. Grisso William M. Hackworth Mary F. Parker Robert H. Bird File #1-38-83-209 The meeting was declared in recess at 5:05 p.m., to be reconvened at 7:00 p. m. in the William Ruffner Middle School Cafeteria, 3601 Femcliff Avenue, N. W., City of Roanoke. 9 ROANOKE CITY CO UNCIL REGULAR SESSION September 18, 2000 7:00p. m. WILLIAM R UFFNER MIDDLE SCHOOL CAFETERIA 3601 FERNCLIFF A VENUE, N. W. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member Harris was absent. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor 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, September 21, 2000, at 7:00 p.m., and Saturday, September 23, 2000, at 4:00 p.m. l0 Ae PUBLIC HEARINGS: Public hearing on a request of Jack M. Allara, II, and Marla D. Allara, to substitute proffered conditions on a certain tract of land containing 0.40 acre, more or less, lying at the southeast comer of the intersection of Peters Creek Road and Lewiston Street, N. W., located at 3509 Peters Creek Road, designated as Official Tax No. 6421133; and repealing the proffered conditions accepted in Ordinance No. 29414 adopted on January 17, 1989. Edward A. Natt, Attorney, Spokesperson. Adopted Ordinance No. 35070 on first reading. (6-0) File #51 Public hearing on a request of Azile S. DelPierre and Robert C. Crawford, Jr., that certain property located at 3806 Thirlane Road, N. W., designated as Official Tax No. 6520105, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. C. Cooper Youell, IV, Attorney, Spokesperson. Adopted Ordinance No. 35071 on first reading. (6-0) File #51 Public hearing on a request of Adam J. Cohen to amend Section 36.1-25, Definition, to include a definition for a single-family attached dwelling; and 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- 1, Office District, Chapter 36.1, ~, of the Code of the City of Roanoke (1979), as amended, to permit single-family attached dwellings by special exception. Adam J. Cohen, Spokesperson. Deferred until the regular meeting of Council on Monday, October 16, 2000, at 7:00 p.m., at Fallon Park Elementary School. File #24-51 Public hearing to consider adoption of a resolution, or resolutions, approving issuance by the City of its general obligation bonds, in an amount estimated not to exceed $1,900,000.00 for the purpose of financing certain capital improvements in connection with Preston Park Primary School; in an amount estimated not to exceed $1,900,000.00 for the purpose of financing certain capital improvements in connection with Grandin Court Elementary School; and in an amount estimated not to exceed $2,750,000.00 for the purpose of financing certain capital improvements in connection with Garden City Elementary School. George J. A. Clemo, Attorney. The public hearing was conducted. No formal action was taken. File #53-217-467 Public hearing on a request of the City of Roanoke for determination that proposed street and alley closures in the Greater Roanoke Gainsboro Redevelopment Areas, as well as public infrastructure improvements illustrated in the Henry Street Master Plan, are substantially in accord with the City' s adopted Comprehensive Plan. Darlene L. Burcham, City Manager. Adopted Resolution No. 35072-091800. (6-0) File #432-511-514 Public hearing on a request of the City of Roanoke that a variable length and width portion of Shenandoah Avenue, N. W., extending in a westerly direction from Williamson Road, N. W., be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35073 on first reading. (6-0) File #514 12 o Public hearing on a request of the City of Roanoke for consideration ora proposed amendment to Section 36.1-393, Neighborhood Design District, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for design standards for new construction that will apply to any neighborhood that is zoned ND, Neighborhood Design District. Darlene L. Burcham, City Manager. The matter was referred back to the City Planning Commission for further study, report and recommendation. File #24-51 o Public hearing on a request of the City of Roanoke for consideration of a proposed amendment to Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to repeal Article VII, Tax on Purchase of Utility Services; to enact a new Article VII. 1, Tax on Purchase of Utility Services, and to amend Section 19-76, Public Service Companies, as amended, to comply with recently passed legislation by the Virginia General Assembly deregulating the electric and gas industries in the State. Darlene L. Burcham, City Manager; and James D. Grisso, Director of Finance. Adopted Ordinance Nos. 35074 and 35075 ar- 5r~-'_ _--_~=-_'-:--~;. (6-0) File #24-79-137-330 B. OTHER HEARING OF CITIZENS: The following persons addressed Council in connection with the death of Mr. James Minor, who lost his life as the result of injuries he sustained in a motorcycle accident on September 10 after alluding police officers who were trying to stop him for speeding. They requested an investigation of the Police Department through appointment of a citizen review panel. Wayne Jones - 127 Patton Avenue, N. E. Robert D. Gravely - 1412 Moorman Road, N. W. Martin Jeffrey - 517 Rutherford Avenue, N.W. Carolyn Bumbry - 2042 Gandy Drive, N. W. Cameron Wright - 2101 Andrews Road, N. W. Lex Hairston - 236 Cherry Hill Road, N. W. Maxine Joiner - 1705 Lonna Drive, N. W. Eric Minor - 819 7th Street, N. W. Mondrego Minor- 3000 Gary Lane The Reverend Joe Mayo - 501 19th Street, N. W. Margaret Patterson - 414 4th Street, S. W. Bishop Manns - 627 Orange Avenue, N. W. Carlisa Ford-Minor - 1916 Melrose Avenue, N. W. File #66-5 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. THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS UNTIL MONDAY, SEPTEMBER 25, 2000, AT 5:00 P. M., AT WHICH TIME CITY COUNCIL AND STAFF WILL PARTICIPATE IN A TOUR OF THE WASHINGTON PARK NEIGHBORHOOD AND THE ABUTTING PORTION OF THE WILLIAMSON ROAD NEIGHBORHOOD. 14 IN THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35054-091800. A RESOLUTION memorializing the late Judith M. Hackworth. WHEREAS, Judith M. Hackworth passed away in Roanoke on September 8, 2000; WHEREAS, Ms. Hackworth, a native of Maryville, Tennessee, received a Bachelor's Degree in Education from the University of Tennessee and a Master's Degree in Guidance Counseling from the University of Virginia; WHEREAS, Ms. Hackworth was a tireless volunteer in the public schools which her children attended, in her church, and with various public service organizations; WHEREAS, Ms. Hackworth loved working with children and served for many years as the Director of Religious Education for her church and, at various times, as a public school teacher, a rehabilitation counselor, and, at the time of her passing, as a guidance counselor in a neighboring public school division; WHEREAS, Ms. Hackworth, with a keen love of the out-of-doors as well as of more contemplative activities such as reading and gardening, was a devoted wife and mother who lived her life to the fullest; WHEREAS, Ms. Hackworth who never met a stranger leaves a number of devoted friends in the Roanoke area and in other parts of the country in which she has lived; and WHEREAS, this Council desires to take special note of Ms. Hackworth's passing and to pay respect to her memory. THEREFORE, be it resolved by the Council of the City of Roanoke that Council adopts this means of expressing its deepest regrets at the passing of Judith M. Hackworth and extends to her husband Mr. William M. Hackworth, City Attorney, and their children, Andrew and Elizabeth, the most sincere sympathy of this Council. ATTEST: City Clerk. 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) 853-6425 Fax: (540) 853-2027 E-mail: ¢lerk@¢i.roanoke.va. us STEPHANIE M. MOON Deputy City Clerk September 26, 2000 File #80-367 Mrs. Beverly T. Fitzpatrick, Sr. 2425 Nottingham Road, S. E. Roanoke, Virginia 24014 Dear Mrs. Fitzpatrick: I am enclosing copy of Resolution No. 35055-091800 memorializing the late Beverly Thomas Fitzpatrick, Sr., beloved civic leader and former judge of the City's Municipal and General District Courts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. The citizens of the City of Roanoke and the Members of Roanoke City Council send their deepest sympathy. Judge Fitzpatrick was, indeed, an extraordinary man. With warmest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35055-091800. A RESOLUTION memorializing the late Beverly Thomas Fitzpatrick, Sr., beloved civic leader and former judge of the City's Municipal and General District Courts. WHEREAS, the members of Roanoke City Council have learned with sorrow of the passing of Judge Beverly Thomas Fitzpatrick, Sr., on September 16, 2000. WHEREAS, a native of Roanoke, Judge Fitzpatrick graduated from Jefferson High School and received his undergraduate and law degrees from Washington and Lee University. He served as a U.S. Navy officer during World War II, serving in both the Atlantic and Pacific theatres. Thereafter, he served as Assistant Commonwealth's Attorney of the City of Roanoke for five years. WHEREAS, Judge Fitzpatrick served as Chief Judge of the City's Municipal Court from 1954 to 1973 and Chief Judge of the 23ra General District Court from 1973 to 1980. WHEREAS, as a jurist, Judge Fitzpatrick was compassionate, fair and attentive to the needs of all. He initiated and ran for 13 years the Honor Court for Alcoholics, a rehabilitation program which is credited with saving the lives of many persons. WHEREAS, Judge Fitzpatrick served as president of the Association of County and Municipal Judges of Virginia and of the General District Courts' Judicial Conference of Virginia. and throughout his professional career, he served on many local and state boards. WHEREA. S, upon his retirement, Judge Fitzpatrick continued to devote time and energy to the City of Roanoke. After leading the effort to create downtown' s Roanoke War Memorial, he spent 10 years raising funds to renovate the building that housed his alma mater, Jefferson High School. H:~MEASURESV-fitzpatdck091800 As president of the Jefferson Center Foundation, Judge Fitzpatrick raised almost $2 million to make the Jefferson Center a home to cultural and community service organizations. WHEREAs, throughout his lifetime, Judge Fitzpatrick received numerous honors and awards, including the Chamber of Commerce's "Father of the Year for Religious Activities" Award, the Roanoke Jaycees' "Distinguished Citizen Award" and, with his wife, the Multiple Sclerosis Society's "Silver Hope Award" for outstanding community service. He was a ruling elder at Second Presbyterian Church, where he taught Sunday School for 22 years. WHEREAS, Judge Beverly T. Fitzpatrick has been called one ofRoanoke's most outstanding citizens of the century. As one of the Judge's own sons so eloquently stated, he was an outstanding' soul, a man without equal. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Judge Beverly Thomas Fitzpatrick, Sr., and extends to his wife, Helen Chewning Fitzpatrick; his sons, Beverly Thomas Fitzpatrick, Jr., Broaddus Chewning Fitzpatrick and Eric Estes Fitzpatrick; his daughters-in-law, Shirley and Luann, and to all other family members, the deepest sympathy of this Council. 2. The City Clerk is directed to forward an attested copy of this resolution to Judge Fitzpatrick's widow, Mrs. Helen Chewning Fitzpatrick. ATTEST: City Clerk. H:hMEAS URES~r-fitzpatrick091800 FINANCIAL PLANNING SESSION ........... ROANOKE CITY COUNCIL March 4, 2000 8:30 a.m. The Council held its Financial Planning Session on Saturday, March 4, 2000, in the Director's Conference Room, Second Floor, Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris (arrived at 11:30 a.m.), W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................................................................................. 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director, Real Estate Valuation. OTHERS PRESENT: Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; Robert K. Bengtson, Acting Director, Public Works; George C. Snead, Jr., Director, Public Safety; Diane S. Akers, Budget Administrator; Sherman M. Stovall, Budget/Management Analyst; Jesse A. Hall, Deputy Director of Finance; Alicia Stone, Financial Systems Accountant; Ann H. Allen, Manager, Accounting Services; and Loretta S. Spencer, Budget/Management Analyst. The City Manager advised that the input of Council is necessary as the City moves into the next budget cycle, and the Financial Planning Session will set the stage for how the City will operate and execute its future plans. The Director of Finance advised that the capital plan is one of the more significant plans adopted by Council, and estimated cost of project completion is summarized as follows: Buildings $ 29,453,839.00 Economic Development $ 34,776,114.00 Parks $ 9,064,546.00 Schools $ 22,825,000.00 Storm Drains $ 53,937,070.00 Streets Sidewalks and Bridges $ 58,891,544.00 Grand Total - Capital Fund $208,948,113.00 171,860,764.00 37,087,349.00 Proprietary Funds: Civic Center Sewage Treatment Fund Water Fund 2,170,299.00 28,744,415.00 1,436,000.00 Total Proprietary Funds $ 32,350,714.00 Grand Total - All Funds Current CIP $241,298,827.00 (For full text, see Exhibit I in document entitled Capital Improvement Program Fiscal Years 2000-2004, hereinafter referred to as workshop notebook, on file in the City Clerk's Office.) Ms. Akers reviewed unfunded capital project requests, which are listed as Priority II and are not recommended for funding at this time; however, the projects will continue to be evaluated on a recurring basis and recommended to Council for programming as project priority and funding availability dictates, totaling $233,548,860.00. (For full text, see Exhibit 2 in workshop notebook on file in the City Clerk's Office.) The City Manager addressed basic infrastructure needs for fiscal year 2000- 2004, representing projects that need to be recommended to Council for funding over the next five years: Police Building, Phase II Regional Pound Facility Roanoke Centre for Industry and Technology - (RClT) Other Economic Development Needs Parks Master Plan High School Facility Study Storm Drain Program Corp. of Engineers Mapping Project Curb, Gutter and Sidewalk Program Total $6,300 000.00 1,000 000.00 2,592 349.00 10,000 000.00 7,000 000.00 250 000.00 2,000 000.00 1,200 000.00 1,033,075.00 $ 31,375,424.00 There was discussion with regard to funding capital requests out of cycle, and some members of Council suggested that Council should establish guidelines pertaining to funding such requests and the feasibility of holding a CIP workshop in the fall of each year to prioritize funding requests well in advance of the City's budget cycle. The City Manager advised that whenever Members of Council receive requests for out of cycle funding, she would ask that Council encourage those citizens to submit their requests in writing to be included in discussions with Council at the appropriate time. The City Manager referred to other unfunded projects that staff believe should be funded at some point in fiscal year 2005 and beyond, as follows: Buildings: New Fire/EMS Stations New Main Library Long Range Facilities Plan One Stop Shop for Human Services Courts Building Additions Municipal Complex Renovations Civic Center Capital Maintenance/Parking Garage Economic Development: Interior Improvements to Virginia Museum of Transportation Parks: Parks Master Plan Projects Satellite Maintenance Facilities New Neighborhood Parks Regional/Community Parks Improvements Beautification Program for Major Access Routes Schools: High School Improvements Patrick Henry William Fleming Streets, Sidewalks and Bridges: Arterial Street Lighting Improvement Program Installation of New Traffic Signals In regard to library improvements, the City Manager advised that after meetings with the Chairperson of the Roanoke City Public Library Board, the Library Foundation, the City Librarian and the City's Director of Human Resources, she is of the opinion that the issue of where the main library should be located has not been adequately addressed, although its current location is not the best location. She stated that there is not an adequate constituency for the library to justify major changes at this time, therefor, she would propose to take the next two - three years to develop the necessary library constituency before making any major recommendations for changes. She stated that certain cosmetic changes are in order in the range of $100,000.00 to begin the process of~ making the physical changes that will cause the library to be more appealing and user friendly. The City Manager advised that she has pledged her support to the Superintendent of Schools in regard to a pilot project to extend operating hours of some of the school libraries, which will require coordination of operating hours of neighborhood libraries with school libraries to prevent duplication of services. She stated that an attempt will be made to integrate the school library system with the public library system which is the reason that the main library was not included as a part of the 2000-04 list of projects. She called attention to other planning needs in downtown Roanoke, such as the location of a parking facility, and a downtown hotel, all of which involve a comprehensive planning process for the library over the next several years. There was discussion in regard to renovations to the Virginia Room in the main library; whereupon, the City Manager pointed out that improvements are almost complete and she would continue to review the needs of the Virginia Room. Ms. Wyatt suggested that staff from the City's Department of Technology be assigned to City libraries to assist citizens in learning to use computers. Ms. Allen reviewed debt capacity determinants, as follows: Current Debt Outstanding: Ability to fund new debt issues additional revenues expenditure relocations through re-engineering Importance of having a funding strategy: Increasing debt capacity, along with exploring alternative funding sources, is crucial to funding future capital projects She also reviewed a chart on debt service for fiscal year 2000-2014. (For full text, see page 11 of the workshop notebook.) Ms. Allen reviewed a chart on project debt service for fiscal year 2000-2006, which is inclusive of the next major general obligation bond issue and one high school issue. She advised that in order to afford a $31.4 million general obligation bond issue in 2003, there would need to be a $375,000.00 annual increase in debt service starting in fiscal year 2001; and to afford a $31.4 million general obligation bond issue in 2003 and a $17.5 million general obligation bond issue in 2005, there would need to be a $470,000.00 annual increase in debt service starting in fiscal year 2001. The Mayor inquired as to what the ratio of debt service to general fund expenditures would become should the City issue approximately $31.4 million of general obligation bonds in 2003 and approximately $17.5 million of general obligation bonds in 2005 for the General Fund contribution toward renovations at Patrick Henry High School; whereupon, with the concurrence of the Mayor, the Director of Finance advised that he would compile the information and respond at a later date. Ms. Allen reviewed a comparison of debt service and bonded debt between Roanoke, Alexandria, Lynchburg, Portsmouth, Richmond, Salem and Roanoke County. (For full text, see pages 15 and 16 of the workshop notebook on file in the City Clerk's Office.) Mr. Hall reviewed revenue highlights/economic trends, i.e: Low unemployment Inflation concerns Currently less than two per cent Strong real estate market Rising interest rates Mortgage Municipal bonds Increased Internet business Increasing regional competition State infringement on local taxing authority Meals tax E911 BPOL Personal property He reviewed a chart on general fund - local tax revenue and a chart depicting a general fund preliminary revenue increase of $6,229,938.00 based on project dollar growth in the real estate tax, personal property tax, sales tax, utility tax, BPOL, meals tax, intergovernmental and all other. (For full text, see pages 20 and 21 of the workshop notebook on file in the City Clerk's Office.) Mr. Hall reviewed revenue highlights in local taxes in regard to the real estate tax which shows an average growth of 3.4 per cent, a projected dollar growth of $1,363,215.00 in fiscal year 2001, for a 3.15 per cent projected growth in fiscal year 2001. He also reviewed figures in connection with the real property tax freeze for elderly/disabled homeowners which are proposed to increase from $415,622.00 in fiscal year 2000 to $559,785.00 in fiscal year 2001, for a 37 per cent increase; agriculture which is anticipated to decrease from $63,386.00 in fiscal year 2000 to $48,415.00 in fiscal year 2001, for a 24 per cent decrease; property rehabilitation which will increase from $121,000.00 in fiscal year 2000 to $166,094.00 in fiscal year 2001, for a 37 per cent increase; and property rehabilitation which will increase from $121,000.00 in fiscal year 2000 to $166,094.00 in fiscal year 2001, for a 37 per cent increase. Ms. Wyatt requested information on the financial impact to the City of increasing the income levels for tax exempt status for elderly/disabled homeowners to the State maximum allowable limit. Council Member Swain spoke in support of reducing the real estate tax rate, while enacting certain tradeoffs such as increasing the City's cigarette tax, or the City motor vehicle decal tax. The City Manager advised of a study which is underway by City staff with regard to reducing the percentage of improvements for homeowners to receive a tax abatement for property rehabilitation, which would encourage citizens to make home improvements. Mr. Hall reviewed revenue highlights regarding personal property tax, advising that fiscal year 2001 projected dollar growth is $2,122,000.00, or 10.02 percent; fiscal year 2000 revenues are anticipated to exceed the budget; revenues were budgeted conservatively based on Iow growth in fiscal year 1998; fiscal year 1998 was the year of change from the "Red Book" to the NADA assessment book and fiscal year 2001 will be the fourth year of "No Car Tax" program, with the State to reimburse localities for 70 per cent of personal property tax on qualifying vehicles. He also reviewed intergovernmental revenues, advising that fiscal year 2001 projected dollar growth is $549,197.00, or a projected fiscal year 2001 per centage growth of 1.24 per cent. He explained that the Jail Block grant deceased $479,000.00, or 25.75 per cent, jail recovered costs will decrease approximately $350,000.00; House Bill 599 revenue increased $341,282.00, or 8.28 per cent; and Juvenile Detention Home Block Grant funds of approximately $580,000.00 will be received by the Roanoke Valley Detention Commission instead of the City. Mr. Grisso reviewed potential revenue initiatives for the following taxes: real estate, utility consumer, cigarette, transient room, admissions, meals, E-911, motor vehicle decal, cable television utility depicting current rate, maximum rate and rate change impact. (For full text, see page 26 of the workshop notebook on file in the City Clerk's Office.) Ms. Wyatt suggested that the City investigate the feasibility of enacting a tax on cable television. Mr. Grisso advised that the real estate tax rate reduction of $1.25 to $1.21 per $100.00 of assessed value from 1994 to 1999 had an impact of approximately $1,588,000.00 annually based on current year assessments; tax freeze income limits were raised in fiscal year 1994, fiscal year 1996 and fiscal year 1998 from $22,000.00 to $27,000.00 and the net worth limit increased from $75,000.00 to $80,000.00. He called attention to the personal property tax phase out in 1998-2002 which provided an average relief of $62.00 in 1999, as estimated $107.00 in 2000 and $158.00 in 2001. He stated that there is no sales tax on non prescription drugs, effective July 1, 1998, reflecting a statewide savings of $17.25 million annually to citizens; and a proposed reduction of sales tax on groceries from 4.5 cents to 2.5 cents over the next four years beginning July 1, 2000, will generate a statewide savings to citizens totaling $240 million annually when fully phased in. Ms. Akers reviewed a chart on general fund expenditures by function and category. (See charts on pages 29 and 30 of the workshop notebook on file in the City Clerk's Office.) Ms. Akers advised that general fund expenditures for fiscal year 2000 are monitored monthly by both department managers and the Office of Management and Budget; as of December 31, 1999, 50.9 per cent of the budget had been obligated; most expenditures are on target for the fiscal year; mid year expenditure revenue identified some expenditures which will require the reallocation of funding; and the following four exceptions were noted: Comprehensive Services Act - $300,000.00 Due to the increased need to provide mandated services to school special needs children. Environmental Affairs Program - $200,000.00 Due to requirements to administer an environmental management program and community projects. Solid Waste Management tipping fees for bagged leaf program - $97,000.00 Bagged leaves must now be taken to the landfill. Architectural and engineering fees for Phase II of Police Building - $300,000.00. Funding to begin design work on Phase II of Police building. Funding sources will be identified and reports will be presented for Council approval in March and April. Ms. Wyatt referred to the $97,000.00 in solid waste management for tipping fees for the bagged leaf program, and requested a cost comparison between bagged leaves and recycled leaves. The City Manager advised of the potential of a bulk leaf collection program on a regional basis, and staffwill provide Council with a briefing at a later date. Ms. Akers advised that there will be a general fund revenue increase of $6,229,938.00, which is proposed to be allocated as follows: City Schools $1,445,339.00, State Targeted and Local Match - $989,189.00, Maintenance of Effort - $818,537.00, Priority Items -$2,976,873.00. Ms. Akers explained that priority funding items for fiscal year 2001 include the following: Employee Pay and Benefits - $1,875,000.00 ICMA Match Increase - $175,000.00 Health Insurance Premium Increase - $560,000.00 Landfill Tipping Fees for Leaf Disposal - $100,000.00 CIS Support and Maintenance - $197,000.00 Fixed Asset Maintenance - $125,000.00 Environmental Management Program - $100,000.00 Library Media Center Pilot Project - $125,000.00 Transfer of CDBG Administrative Costs to General Fund - $250,000.00 The City Manager advised that a large amount of Community Development Block Grant funds are earmarked for administrative expenses; therefore, she has set a goal for staff, over the next three to five years, to remove as much administrative expenses as possible from the CDBG budget, with $250,000.00 proposed for removal in the upcoming fiscal year. She stated that salaries of Office of Grants Compliance employees will be targeted for fiscal year 2001, thereby enabling more funds to go into neighborhood activities. Ms. Akers reviewed additional priority funding items for fiscal year 2001, as follows: Adjustment in Jail Recovered Costs - $266,700.00 Cultural/Human Services - $39,239.00 Funding for Future Debt Service: Curb, Gutter and Sidewalk - $100,000.00 Victory Stadium Capital Funding -$300,000.00 Greater Gainsboro Parking Garage - $250,000.00 Additional Debt Service - $100,000.00 to $470,000.00 Other Supplemental Items - $1,000,000.00 Ms. Akers reviewed an analysis of the following expenditure increases: Increase in Total Revenues Schools State Targeted/Local Match Maintenance of Effort Balance Priority Items Unfunded $ 6,229,938.00 (1,445,339.00) (989,189.00) (818,537.00) 2,976,873.00 (5,762,939.00) (2,786,066.00) There was discussion in regard to revising the fiscal year 2000-01 budget study schedule and budget adoption; whereupon, the Mayor requested that the matter be included for discussion during the Monday, March 6, 2000, Council meeting. Ms. Akers presented a HUD budget overview and advised that the Community Development Block Grant benefits Iow to moderate income persons and reduces, or eliminates slums and blight; and the HOME Investment Partnership increases affordable housing and home ownership. She presented the fiscal year 2000-01 HUD budget funding detail and comparison, advising that total for fiscal year 1999-2000 was $4,111,728.00, total for fiscal year 2000-01 is proposed to be $4,381,766.00, for an increase of $270,038.00, or 6.6 per cent. (For full text, see page 40 of the workshop notebook on file in the City Clerk's Office.) Mr. Stovall presented an analysis of the school budget, advising that the total preliminary budget is $97.5 million, total revenue increase of $4.8 million or 5.2 per cent,, state/sales tax revenue of $3.2 million, local revenue of $1.5 million and other sources of $.1 million; the revenue increase will be used for maintenance of services at $1.2 million, employee salary raises at $2.2 million and priority items at $1.4 million. He advised that priority items totaling $1.4 million include the following: Enhancement of locally funded magnet school programs. Extension of teacher contracts by five days (150 teachers) for staff development. Addition of five teaching positions. Addition of three positions for technology training and repair. Addition of two high school resource officers and the upgrade of security positions. Increase in substitute teacher pay. Program revisions for educable mentally retarded students. Increase in special education staff for speech therapy and CSA case management. Increase in debt service reserve for high school projects. Opening of middle school libraries to the community. The City Manager called attention to a positive working relationship with the Superintendent of Schools. She stated that after school uses of school libraries is the result of their joint desire to make community buildings more accessible to citizens on a regular basis, and plans are underway for funds to rehabilitate Patrick Henry and William Fleming High Schools, which will be a shared responsibility between the City and the School system. At 12:15 p.m., the Mayor declared the meeting in recess for lunch. At 12:45 p.m., the meeting reconvened in the Director's Conference Room, Roanoke Municipal Airport, with all persons listed on page one in attendance, Mayor Bowers presiding. Ms. Spencer advised that Council previously referred to the Financial Planning Session the question of a review of the annual service charge imposed on certain tax exempt property to determine if the service charge is sufficient to cover the cost of providing City services. She explained that there are four classes of properties that are automatically exempted from taxation, i.e.: properties owned by the Commonwealth of Virginia; properties owned, occupied or used by churches or religious bodies; private or public cemeteries; and properties owned by public libraries or educational institutions. With regard to non-profit organizations, she explained that current law requires that non-profit organizations, which own property not "automatically" exempted, request tax exempt status from the General Assembly; and prior to submitting a request to the General Assembly, organizations must seek a supporting resolution from City Council. With regard to service charges, she advised that if required by a locality, service charges must be collected from owners of all tax exempt real estate, with some exceptions; the rate charged is based on the cost of police, fire and disposal of refuse; the rate cannot exceed 20 per cent of the real estate tax rate; and tax exempt organizations may volunteer to pay a service charge. She noted that in 1992, Council established a policy with respect to supporting requests of non-profit organizations to exempt certain property from taxation; and organizations seeking support for tax exempt status need to agree to voluntarily pay an annual service charge in the amount of 20 per cent of Roanoke's real estate levy. Ms. Spencer reviewed a breakdown of tax exempt property in Roanoke from 1999-2000, including government, religious, charitable, educational, and others, for a total of 1,961 parcels of land, valued at $760,594,800.00; the tax that would be due to the City if the property was not tax exempt totals $9,241,227.00; and service k charge collected totals $27,851.000, which represents 16.95 per cent of real estate in the City of Roanoke. She reviewed a flow chart on percentage growth of tax exempt real estate. (See page 50 of the workshop notebook on file in the City Clerk's Office.) The City Manager advised that Council may want to establish a policy setting a threshold for tax exempt property, along with certain parameters, and City staffwill provide a recommended action at a later date based upon a new State law that could go into effect which would allow Council to approve or disapprove a request for tax exempt status. The City Attorney explained that the General Assembly enacted and the Governor signed into law, effective July 1, 2000, a bill that provides that localities may make the decision on tax exempt status rather than the General Assembly; the law was to be reintroduced during this session of the General Assembly, however, the law was not introduced because the Attorney General raised a question as to whether the change could be enacted without a statewide referendum. He stated that the bill will be reintroduced next year with a provision calling for a statewide referendum, and in the future, localities could be placed in a position of having to approve or disapprove tax exempt requests from hundreds of organizations every four years. There was discussion with regard to the feasibility of appointing a citizens tax exempt review committee, similar to the City's Cultural Services Committee and Human Services Committee, to review requests for tax exempt status and report their recommendations to Council. Ms. Spencer presented a tax exempt property benchmark showing Roanoke County at 9.39 per cent, Alexandria at 14.55 per cent, Roanoke City at 16.95 per cent, Lynchburg at 19.29 per cent, Richmond at 17.75 per cent, Salem at 21.79 per cent, Norfolk at 46.80 per cent, reflecting a City average of 22.24 per cent and a County average of 10.48 per cent. Ms. Spencer reviewed the following considerations; i.e.: upward trend in tax exempt properties, percentage of tax exempt properties desired, service charges currently paid by different organizations vary in rate, and the service charge is not sufficient to cover the cost of providing services, but the charge is capped by State law. Ms. Spencer advised that the recommendation of the City Manager is to determine the percentage of tax exempt properties desired and consider updating the current tax exempt policy. Mr. Grisso reviewed the following items referred to 2000-01 budget study by Council: Consideration of excluding those employees who retired under the 2 for 1 pension plan currently earning $50,000.00 or more per year from any future pay increases. Status: Cost of living adjustments are approved by Council on an annual basis for qualified retirees. Council may exclude the employees who retired under the 2-for-1 pension plan on an annual basis in the ordinance granting the cost of living adjustment. Recommendations from the Mayor's 1999 State of the City Address: IMAX Theater Water Resources Initiative Youth Public Safety Cadets "One America" Initiative With regard to the IMAX Theater, the City Manager advised that it would be appropriate to refer the matter to a future work session for more information on a specific proposal. Ms. Akers reviewed other items referred by Council to fiscal year 2000-01 budget study: Report was requested on Roanoke libraries: Short term measures to address expansion needs of the Virginia Room. Review of the entire library system. Renovation of the main library facility. Recommendation as to a systematic funding approach. Status: Virginia Room expansion was completed in January 2000. New Virginia Room Librarian will be on board on April 1, 2000. Recommended budget will include funding for interior improvements to the library. Proposal to expand/renovate the main library will be reviewed as part of the overall assessment of facilities. Contribution from the City for Camp Virginia Jaycee. Status: The City has received a request for $50,000.00 over a five year period. The item will be included in the upcoming Capital Maintenance and ITl Equipment Replacement Program. The Mayor suggested that the City Clerk arrange a time during the upcoming summer months when Council could tour Camp Virginia Jaycee at a 12:15 p.m. Council session. Mr. Grisso reviewed a budget study referral in regard to the question of placing a cap on the amount of City contribution to ICMA-RC on behalf of non- temporary City employees, advising that the recommendation of the City Administration is to increase the contribution amount from $15.00 to $20.00 per pay period for fiscal year 2000-01, and consider placing a cap of $25.00 on the contribution for fiscal year 2001-02. Ms. Akers reviewed a budget study referral in regard to funding for a new SPCA Adoption and Education Center, advising of a coordinated approach including Roanoke City, Roanoke County, Botetourt County and the Town of Vinton, at a total cost estimated at $2 million to $2.5 million; the City's share (52 per cent) will be based on percentage of usage and will be approximately $1 million; and actual cost will be determined after architectural and engineering studies are completed and the site is identified. Mr. Snead advised that the above referenced governments will meet to discuss short term issues, which include their respective contracts with the SPCA, and it is hoped within the next 120 days to prepare a quality plan with time lines for Council's consideration. He stated that an item for discussion will be the potential of the SPCA to front fund capital costs and impose a per diem rate so that capital costs will not have to be included in each Iocality's operating budget and Capital Improvements Program. Ms. Akers reviewed a budget study referral regarding a comprehensive analysis of the highest and best use of the City Market building, advising that the building has been evaluated for upgrade maintenance and needs; the majority of the work needed involves repainting a significant portion of the interior, renovation of the restrooms, heat pump replacement, and upgrades to certain doors, at a total cost estimate of $165,000.00. She stated that as a part of the Outlook Roanoke Plan, staff will be looking at the highest and best use of the City Market building. Ms. Akers reviewed a budget study referral in regard to a request for a cost estimate to improve the appearance of the area around the recycling center on the Roy L. Webber Expressway, which is approximately $1 million to be paid by the City of Roanoke. She advised that the height of the barrier wall would be six feet and not tall enough to provide a shield for truck or buses; and if 1-73 is located along this section of roadway, a sound barrier may be constructed in the future at no cost to the City. Ms. Akers reviewed a budget study referral with regard to implementation of a dental program for children, advising that the Health Department has requested State funding. She stated that the dental program is not considered a mandated program/service by the State; and local funding will be considered during the budget development process, which could be a $70,000.00 investment and comment by the School Board will be solicited. Ms. Akers reviewed a budget study referral in regard to a review of drainage problems, associated costs based on the most critical needs and a proposed source of funding. She advised that a Regional Stormwater Management Plan is evaluated annually; projects are prioritized and constructed when funding becomes available through the Capital Improvement Program; 21 projects are currently underway; over $3 million in additional drainage projects have been identified, but not funded; Roanoke continues to pursue outside funding sources; Federal and State grants have accounted for over $3.2 million in additional stormwater funding over the past three years; and another possible funding source is a stormwater utility tax. Ms. Akers reviewed a budget study referral concerning equitable wages and benefits for City employees based on the recent study of benefits, pay and classification and advised that a recommendation will be presented to Council by the City Manager during fiscal year 2000-01 budget study. The City Manager advised that as a part of the budget process, she has requested that each employee provide suggestions on ways that services could be provided differently, not only in their own area of responsibility, but in every aspect of municipal operations. She stated that she will evaluate every vacant position as to its continuing need, she has sent correspondence to every City employee requesting their ideas on the City's current pay and classification plan and responses may be made via e-mail, voice mail or anonymously. She further stated that she will provide Council with a series of recommendations during fiscal year 2000-01 budget study in regard to pay and benefits for City employees. The Mayor requested that the City Manager review the pay scale for law enforcement positions, particularly those employees in the mid range who have been trained in their respective positions and accept better paying jobs with other localities or the State police. Council Member Swain advised that there are many City employees who believe that. their concerns have not been adequately addressed. The City Manager responded that she is reviewing all issues, she plans to review the ideas of City employees and merge those ideas with some of her own impressions, and submit specific recommendations to Council during fiscal year 2000-01 budget study. O Mr. Key presented an update on fleet utilization. He reviewed a chart categorizing the City's fleet of vehicles which total 744; a comparison of the number of employees, number of vehicles per employee, population, and vehicles per capita with Lynchburg, Portsmouth, Hampton and Norfolk; and fleet utilization performance from October 1, 1998 - September 30, 1999. (For full text, see pages 67 - 70 of the workshop notebook on file in the City Clerk's Office.) Mr. Key reviewed the proposed fleet utilization performance improvement strategy, i.e.: to focus initially on large, highly visible fleet groups such as sedans, pickup trucks, vans and sport utility vehicle four wheel drives; identify total cost per mile of operation for each vehicle and average costs for each group; and benchmark City average costs against other local government fleet costs. He also reviewed cost benchmarking results, i.e.: average utilization (miles), City average cost per mile, and other local government average cost per mile. (For full text, see page 72 of the workshop notebook on file in the City Clerk's Office.) Regarding further improvement strategies, Mr. Key advised that the following vehicles will be targeted for analysis as to future need: vehicles above the 75th percentile in terms of total cost per mile (vehicles with comparatively Iow utilization rates or high operating and maintenance costs) and vehicles that have relatively Iow vehicle utilization targets; and explore alternatives for meeting valid departmental vehicle needs. He noted that there are 102 targeted vehicles, which comprise 17 per cent of total fleet, excluding specialized equipment. (For full text, see page 74 of the workshop notebook on file in the City Clerk's Office.) Mr. Key explained that further improvement strategy provides for meetings with departments affected to determine disposition of targeted vehicles; a recommended completion date of March 31, 2000; a progress report to the City Manager and City Council on results achieved; the next phase of work with other vehicle categories will be conducted in a similar fashion; a recommended completion date of May 1, 2000, and a second progress report. He reported that other strategies include the use of technology to improve utilization reporting accuracy; establish as standard operating procedure the comparison of estimated repair costs to vehicle book value to decide "repair or replace"; better utilize the fleet management computer system to measure work performance and operate more "as a business"; and develop a comprehensive strategy for funding fleet replacement to include an evaluation of the lease-purchasing option. Mr. Key advised that expected results are: an appropriately sized fleet that meets departmental business requirements, better utilization of fleetvehicles, better condition of the overall fleet equaling reduced maintenance costs, and more efficient fleet maintenance operation. It was the consensus of Council to continue Financial Planning Session discussions on Monday, March 20, 2000, at 12:15 p.m. There being no further business, the Mayor declared the Financial Planning Session adjourned at 2:00 p.m. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 3, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, April 3, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers .......................................................................................................... 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: 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, with Mayor Bowers presiding, and all Members of the Council in attendance. CITY MANAGER: The City Manager presented an oral briefing on proposed City staff reorganization which will require adoption of measures to change the names of certain departments and/or other minor activities. She reviewed the current organizational chart of the City and the proposed reorganization, which is fluid and can be revised as necessary. She advised that Roanoke's needs are changing as a community and the City should be willing to address those changes by revising its organizational structure; an attempt has been made to reduce the number of directors or assistant City Managers and to subsequently reduce the number of departments from 30 plus to 14. She suggested that those activities reporting to the individual Assistant City Managers should be arranged in such a way so as to be conducive to the kind of consideration, team work and integration that will be critical for the future of the City of Roanoke. Ms. Burcham reviewed the following proposed organizational chart: 171 CITY MANAGER DEPUTY CITY MANAGER - Public Information Officer - Environmental Manager - Tourism and Cultural Activities and Agencies DEPARTMENT OF ECONOMIC DEVELOPMENT ASSISTANT CITY MANAGER FOR ORGANIZATIONAL SUPPORT DEPARTMENT OF MANAGEMENTAND BUDGET - Grants Compliance - Citizen Service Center DEPARTMENT OF HUMAN ASSISTANT CITY MANAGER FOR OPERATIONS DEPARTMENT OF UTILITIES - Water - Utility Line Services DEPARTMENT OF FIRE/EMS ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT DEPARTMENT OF PLANNING AND CODE ENFORCEMENT - Planning - Code Enforcement DEPARTMENT OF PARKS AND RESOURCES - Occupational Health - Risk Management DEPARTMENT OF TECHNOLOGY - Emergency Communications Center - Radio Systems Maintenance DEPARTMENT OF PUBLIC WORKS - Streets and Traffic - Engineering RECREATION - Natural Resources - Parks and Facilities - Recreation DEPARTMENT OF HUMAN SERVICES - Social Services - Youth Services - Information Systems DEPARTMENT OF GENERAL SERVICES - Building Services - Fleet Management - Purchasing - Solid Waste Management and Recycling DEPARTMENT OF CiViC FACILITIES - Victory Stadium - Civic Center DEPARTMENT OF POLICE DEPARTMENT OF BUILDING DEPARTMENT OF LIBRARIES INSPECTIONS The City Manager explained that the organizational chart signals an opportunity for the City to be more responsive to both internal needs, as well as citizen needs, and the proposed reorganization will better suit the needs of the community; and with Council's concurrence, she will ask the City Attorney to prepare the necessary measures to effect the name changes of departments, changes in the title of certain individuals from manager to division or bureau head within a department, and changes to titles and pay grades would not have an immediate effect on compensation; but could mean that the range will be shorter than the previous pay range. She added that this is an opportunity for existing staff to signal a desire to change positions, or to be reassigned to other positions, effective as soon as possible and no later than July 1. In a discussion of the proposed reorganization, the City Manager advised that there will be a redirection in the total number of management positions and staff; and City departments have been requested to review vacancies in their departments to determine if employee positions can be consolidated and to determine if management positions can be reduced. She added that Director positions will be reduced from four to three Assistant City Managers; there will be further restructuring within individual departments and the budget that will be presented to Council at its next meeting will include significant restructuring changes which will generate additional funds in the overall general fund budget. She advised that no employee will lose their job as a result of the proposed reorganization; and a high degree of accountability and responsibility will be placed on department heads who will be expected to convene meetings with other division heads to insure that solutions are found atthe lowest level in the City organization. Presently, she stated that the Directors and the City Manager and Assistant City Manager function as a team rather than operating in their individual silos, and by sharing information, they also share in decision making, and called attention to remodeling of office space in the City Manager's Office in order to place the City Manager, Deputy City Manager and Assistant City Managers in the same suite of offices. She advised that administrative support staff has been reduced by two positions, and administrative staff in the City Manager's Office work as a self-managed work team and decide upon such things as work flow, vacation schedules, etc. Following discussion of the City Manager's proposed reorganization, without objection by Council, the Mayor advised that the briefing would be received and filed. TRAFFIC: The City Manager advised that representatives of various neighborhood organizations will attend the April 17, 2000, meeting of City Council to share their concerns with regard to the proposed widening of 10th Street and to officially ask that Council rescind its earlier position on the widening of 10th Street. She called attention to a meeting which was held with neighborhood representatives to review past actions of Council and proposed future actions, after which City staff agreed to prepare preliminary drawings that the Director of Public Works could take back to the neighborhoods based on their input that could serve as a substitution to the four-laning of 10th Street. In the meantime, she advised that she has requested that the Virginia Department of Transportation suspend any action on the 10th Street project until there is an opportunity to hear from citizens. She called on Robert K. Bengtson, Director of Public Works, for a status report on his meetings with neighborhood representatives and the alternative plan presently under consideration, which is presented to Council in anticipation of neighborhood representatives addressing Council at its meeting on April 17. Mr. Bengtson advised that four neighborhood organizations were in attendance at the meeting referred to by the City Manager: Washington Park Neighborhood Alliance, Melrose/Rugby Neighborhood Forum, Grayson Avenue 173 Beautification Council, and Williamson Road Action Forum. He explained that in June 1998, a four-lane improvement was proposed for 10th Street from Gilmer Avenue to Orange Avenue and three lanes from Orange Avenue to Williamson Road, and VDOT was proceeding accordingly, however, information from neighborhood organizations in February 2000 indicated a need for further review. He reviewed a plan that reflects the ideas that were brought forth by neighborhood representatives which include two lanes of traffic, with the southbound and northbound lanes being ten feet wide, adjoining each travel lane would be a five foot bicycle lane with a white line separating the travel lane from the bike lane on each side of the street, new curb, gutter and sidewalk, striping ofaboutseven and one-half feet with landscaping and utility poles and street lights on both sides of the street. Mr. Bengtson reviewed ideas submitted by representatives of the neighborhood organizations that the project consist of two lanes as opposed to four lanes; left turn storage lanes at particular locations along Moorman Road, Orange Avenue, Rugby Boulevard, Grayson Avenue and Hunt Avenue; traffic signals at the intersections of Williamson Road, HuntAvenue, Orange Avenue, Moorman Road and Grayson Avenue; drainage facility improvements in terms of curb and gutter for the entire length of the project; five feet wide sidewalks on both sides of the street; bicycle lanes; and site distance improvements for safety reasons, particularly atthe intersection of 10th Street and Staunton Avenue where it is difficult to see oncoming traffic because the hill crests at Roundhill Avenue and the Courtland Road intersection. There was discussion with regard to whether VDOT will fund a two-lane roadway and the City Manager pointed out that ifVDOT does not approve a two-lane project, it then becomes a one hundred per cent City funded project, although there is a possibility of enhancement funds for the project if it does not proceed through its normal route. She stated that this plan has not been reviewed with VDOT officials. Mr. Bengtson further advised that the bridge over Lick Run would also be replaced by virtue of the project and landscaping would be included. The City Manager advised that VDOT is prepared to provide funds to design a roadway, therefore, the project is closer to reality now more than ever before, however, the real question is, will VDOT design the roadway in a manner that supports the 10th Street community of today. On a larger scale, she stated that this is a state wide problem dealing with the level of funding that the state makes available for roads and the process by which roads are developed which is something that should be discussed in the City's Legislative Program. Council Member Swain requested a list of participants in the neighborhood meeting, which Mr. Bengtson advised that he would provide. 174 Without objection by Council, the Mayor advised that the 10th Street briefing would be received and filed. PURCHASE/SALE OF PROPERTY: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Sect. 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Harris moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers ......................................................................................... 7. NAYS: None .......................................................................................... 0. Inasmuch as the 2:00 p.m., Council session would convene in 15 minutes, it was the consensus of Council to hold the Closed Meeting immediately following the 2:00 p.m., Council session. At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m, in the City Council Chamber, fourth floor, Municipal Building. At 2:00 p.m., on Monday, April 3, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers .......................................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. 175 The reconvened meeting was opened with a prayer by The Reverend Elizabeth McMaster, Minister, Unitarian Universalist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: CITY SHERIFF: The Mayor recognized the Roanoke City Sheriff's Office upon achievement of 100 per cent compliance with the Board of Corrections Life, Health and Safety Standards for Jails. PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a Proclamation declaring the month of April 2000 as Fair Housing Month. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor presented a Proclamation declaring the week of April 9 - 15 as KOVAR - Knights of Columbus Week. ACTION: (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-POLICE DEPARTMENT-COMMUNICATIONS DEPARTMENT: The Mayor presented a Proclamation declaring the week of April 9 - 15 as National Telecommunicator's Week. (For full text, see Proclamation on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34737-040300) A RESOLUTION recognizing Sharon F. McGhee as Roanoke Public Safety Telecommunicator of the Year 2000 in the City's E-911 Communications Center. (For full text of Resolution, see Resolution Book No. 62, page 564.) Mr. Trout moved the adoption of Resolution No. 34737-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: 1,76 AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Ann Weinstein, Member, Roanoke Arts Commission, advising of the resignation of Mark Scala, effective immediately, was before Council. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE- COMMITTEES: The following report of qualification was before Council: Peter W. Clapsaddle as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. ACTION: (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: 177 AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REGULAR AGENDA SCHOOLS: The Mayor advised that on June 30, 2000, there will be three vacancies on the Roanoke City School Board for terms commencing July 1, 2000, and ending June 30, 2003. He further advised that seven applications for the positions were received prior to the deadline on March 10, 2000. The Mayor explained that Section 9-20, Selection of Candidates for Public Interview, provides that on or before April 20 of each year Council shall, by public vote, select from the field of candidates those candidates to be accorded the public interview required by Section 9-21 of the City Code, and all other candidates shall be eliminated from the School Trustee selection process. ACTION: Mr. White moved that James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, William H. Lindsey (application was withdrawn), Gloria P. Manns and William E. Skeen be accorded the public interview by Council on Tuesday, April 18, 2000, commencing at 4:30 p.m., in the City Council Chamber. The motion was seconded by Mr. Trout and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT-BUDGET: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, transmitting the Airport Commission's fiscal year 2000-2001 budget and proposed capital expenditures, was before Council. (For full text, see communication and supporting documentation on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34738-040300) A RESOLUTION approving the Roanoke Regional Airport Commission's 2000-2001 proposed operating and capital budget upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 565.) ,78 ACTION: Mr. Trout moved the adoption of Resolution No. 34738-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: ACTION: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. TAXICABS AND FOR-HIRE VEHICLES: Richard E. Viar, Attorney, representing Yellow Cab Services of Roanoke, Inc., appeared before Council and presented a petition requesting an adjustment in rates for taxicab service and for hire automobiles in the City of Roanoke, which rates are regulated pursuant to Section 34-130 Code of the City of Roanoke (1979), as amended, and represent an approximate 17 per cent increase over present rates. He advised that the rate increase is required if Yellow Cab is to partially offset increased costs of doing business which have been experienced since the last increase on October 15, 1990. C. R. Sisson, representing Liberty Cab Co., requested that any increase be technically achievable insofar as programming meters, number of passengers, etc., and that any increase not be exorbitant. Mr. Trout moved that the matter be referred to the City Manager for report and recommendation to Council. The motion was seconded by Mr. Hudson and unanimously adopted. HOUSING/AUTHORITY: A request of Ms. Gloria Dorma, to discuss multi-family housing in the City of Roanoke, was before Council. The Mayor advised that Ms. Dorma had requested that the matter be deferred until the regular meeting of Council on Monday, April 17, 2000, at 2:00 p.m. PETITIONS AND COMMUNICATIONS: TECHNOLOGY BUSINESS ADVISORY COUNCIL: A communication from Mayor David A. Bowers with regard to the Mayor's Technology Business Advisory Council advising that following discussion late last year with several business leaders, it became apparent that the City needed to understand and represent technology businesses, a growing part of the national economy, in a better way; and although the City has had success over the years under the leadership of Jim Trout, Brian Wishneffand Phil Sparks in bringing new 179 businesses and industry (and many new jobs) to Roanoke, he was impressed with those persons in technology related businesses who said that the City needed to do more to be competitive in this sector, was before Council. The Mayor stated that an informal group of business, government, school, civic and banking leaders met on two occasions to discuss the City's role in promoting technology businesses, which started as an informal process, but quickly gained momentum and will shortly need additional structure and advice from other groups, such as Council Member Trout and the Economic Development Commission; he added that this is an exciting new venture for City government, and, more importantly, for the business sector in the Roanoke Valley; and accordingly, he requested Beth Doughty, President of the Roanoke Regional Chamber of Commerce, to establish a working group of about ten persons to submit ideas to Council regarding a more formal structure of the group, and to prioritize issues and concerns which technology business leaders in the Roanoke Valley believe should be addressed. (For full text, see communication on file in the City Clerk's Office.) Elizabeth Doughty, President, The Roanoke Valley Regional Chamber of Commerce, advised that in January 2000, the beginning of the new century provided a good opportunity to discuss Roanoke's position in terms of the new economy; therefore, approximately 40 business leaders were convened by the Mayor at a luncheon to discuss Roanoke's potential in the new economy, and this group became known as the Mayor's Technology Business Advisory Council. She stated that the group engaged in discussions regarding Roanoke's potential for new economy jobs and the growth of software and technology based businesses that could provide opportunities for Roanoke's young people. She advised that a second meeting of the Mayor's Technology Business Council was hosted last month which included discussion on Roanoke's potential and those things that could happen to help make Roanoke more competitive, the out growth of which was the creation of a task force composed of representatives of business technology companies, Roanoke Valley Chamber of Commerce, the New Century Venture Center, and the City Manager's Office. She stated that the Task Force will submit recommendations on how to make Roanoke more competitive in the future and to foster the growth of technology based businesses in the locality. 180 Bonz Hart, President, Meridium, called attention to the opportunity to engage in regional efforts to insure that the Roanoke Valley is in the forefront as the economy moves to more of a technology based world. ACTION: Lisa Isom, representing the New Century Venture Center, advised that while the Center is a mixed use facility, it deals more and more with technology-type companies in an effort to render assistance. She called attention to the need for high speed Internet access for technology companies and the importance of attracting and retaining good employees. She advised that the next meeting of the Advisory Council will be held at the New Century Business Venture Center located at 1354 8th Street, S. W., on May 12, 2000, at 12:00 noon, and invited the Members of Council to attend. Without objection by Council, the Mayor advised that his communication and the remarks of Ms. Doughty, Mr. Hart and Ms. Isom would be received and filed. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Commonwealth's Attorney advising that the Department of Criminal Justice Services (DCJS) has awarded the City of Roanoke a grant in the amount of $92,759.00 for the year 2000 to be known as VIRGINIA EXILE, which will provide the City with additional funding resources to enhance prosecution efforts to combat violent gun carriers in the City, was before Council. It was further advised that the EXILE Grant coincides with the implementation of new state laws which set minimum mandatory sentences for convicted felons who possess guns, individuals who possess guns while possessing drugs, and people who bring guns onto school property with the intent to use them; the City would use the funds to target those who illegally possess and use firearms and to reduce the number of violent firearms crimes in the City, and this goal will be achieved through a unified effort of prosecution, law enforcement, and a public awareness campaign. It was explained that VIRGINIA EXILE funding will continue at least through 2002; annual re-application for funding will be required; VIRGINIA EXILE in the City of Roanoke will fund the hiring of a dedicated prosecutor, and a part-time administrative assistant, allow police to conduct gun check points, and provide for a computer system to track gun offenses from the time of arrest to the time of final disposition. 181 ACTION: The Commonwealth's Attorney recommended that Council adopt a resolution accepting year 2000 DCJS funds and authorize the City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required by DCJS on behalf of the City in order to accept such funds, said Agreement and forms to be approved as to form by the City Attorney; appropriate $103,066.00 to certain accounts in the Grant Fund as established by the Director of Finance and in accordance with State grant requirements, and establish a grant fund revenue estimate; and increase General Fund revenue estimate, Account No. 001-020-1234-0405, by $10,307.00 and increase expenditure estimate in Transfer to Grant Fund Account, No. 001-004- 9310-9535, by $10,307.00, to fund the local match. The City Manager submitted a report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34739-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 566.) Mr. Hudson moved the adoption of Ordinance No. 34739-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34740-040300) A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 62, page 567.) ACTION: Mr. Hudson moved the adoption of Resolution No. 34740-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: PARKS AND RECREATION: The City Manager introduced a briefing on the Parks and Recreation Comprehensive Master Plan by Beverly T. Fitzpatrick, Jr., Chair, and Elizabeth Poff, Vice Chair, Citizens Advisory Committee. Mr. Fitzpatrick presented findings of the Parks and Recreation Comprehensive Master Plan, which was a team effort by 21 members of the Citizens Advisory Committee, with assistance of Parks and Recreation staff and the consultant. Ms. Poff reviewed key issues of the Master Plan, which form action strategies in regard to recreation centers, trails and greenways, aquatic facilities, recreation programs, marketing of recreational programs, maintenance of facilities/parks, Carvins Cove and the recreational usage thereof, the role of Parks and Recreation as a partner with the school system, skateboard park, etc., departmental organization with other governmental entities, funding, and a comparison of other cities and bench marking. She advised that a comparison of Roanoke with other cities revealed that Roanoke spends on average of $31.97 per capita compared with like cities throughout the nation that spends an average of $62.30 per capita, and cities in the Commonwealth of Virginia spend an average of $53.37 per capita; funding issues relative to recovered costs revealed that the City of Roanoke is recovering approximately 26 per cent as opposed to the national average of 52 per cent; and demographics support facilities, the need for more gyms and playing fields and overall improvement of existing facilities. 183 Mr. Fitzpatrick reviewed the 11 strategies and recommendations contained in the Master Plan and advised that three phases are proposed: Phase I: $3.8 million which has already been identified in the 1997 bond issue for park improvements. Phase I1:$10.9 million consisting of $900,000.00 in park improvements, the first major recreation center, the first major swimming pool renovation, a projected $1 million worth of land for renovation, and $1 million worth of greenway improvements for which no funds have been identified; and Phase II1: To include the above listed items, except for $3 million in park acquisition as opposed to $900,000.00, for a grand total of $27.7 million, for which funds have not been identified. Mr. Fitzpatrick advised that the report is intended for briefing purposes only and will be presented to the Long Range Planning Committee of the City Planning Commission and to the full membership of the City Planning Commission. (See comprehensive Parks and Recreation Master Plan (Draft) on file in the City Clerk's Office.) Council Member Swain inquired if the "little green house" in Washington Park will be historically preserved; whereupon, Mr. Fitzpatrick stated that the Advisory Committee did not address the structure specifically, but it was looked at in terms of historic preservation and the environment and will be included in the more detailed strategies of the process. Following comments by Members of Council, and without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: RAILSIDE LINEAR WALK: The City Manager submitted a written report advising that property located adjacent to the tracks of Norfolk Southern Railway Company, between Second Street and South Jefferson Street, was acquired by the City from the Norfolk Southern Railway Company for development of the Railside Linear Park; 1'84 ACTION: approximately 15,256 square feet of property needs to be dedicated as public street right-of-way to permit public access to existing loading docks on the warehouse buildings; remaining City property located between the proposed public street and existing buildings needs to be subdivided, creating eight new lots, in a manner to permit future conveyance to adjoining property owners since the City has no need for the property; and dedication of this right-of-way will provide public access for the adjoining property owners, which needs to be assured prior to construction of the final phase of the Railside Linear Park. The City Manager recommended that she be authorized to execute the appropriate documents, in a form to be approved by the City Attorney, subdividing and creating eight new lots, and dedicating City property to public street purposes. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34741-040300) A RESOLUTION authorizing execution of a plat of subdivision and any other documents necessary to provide for the dedication as public right-of-way of a 15,256 square foot area situated north of Norfolk Avenue, S. W., between South Jefferson Street and Second Street, S. W. (For full text of Resolution, see Resolution Book No. 62, page 568.) Mr. Trout moved the adoption of Resolution No. 34741-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. CMERP-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) identified the need to replace a street sweeper in the Parks and Grounds Department; which unit will replace an older unit that is expensive to repair and has extensive downtime. 185 ACTION: The City Manager recommended that Council authorize issuance of a purchase order for one tricycle type street sweeper from Virginia Public Works Equipment Company, at a total cost of $88,849.00, and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34742-040300) A RESOLUTION accepting the bid of Virginia Public Works Equipment Company, for the purchase of one new tricycle type street sweeper, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 62, page 569.) Mr. Trout moved the adoption of Resolution No. 34742-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. FEE COMPENDIUM: The City Manager submitted a written report advising that on April 7, 1986, Council adopted Resolution No. 28075 as part of the City's Fee Compendium, permitting City departments to assess a fee for personal photocopies provided to the public, in the amount of $.50 per copy if the copy was made by a City employee and $.25 per copy if the copy was made by the requesting individual; and these fees normally include reasonable staff time and remain in effect today. It was further advised that in 1999, the Virginia General Assembly amended Section 2.1-342.F, Code of Virginia (1950), as amended, Virginia Freedom of Information Act which states in part: "...A public body may make reasonable charges for its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication; the public body may also make a reasonable charge for cost incurred in supplying documents produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records..." It was explained that the Management Services Department is responsible for overseeing centralized photocopying activities for the City; based on the current billing rate for copies made for internal use by City departments, the cost to provide photocopies is $0.05 per impression; and this rate, however, does not include charges for any applicable search and/or computer time, as copying equipment is made available for use by all City departments and agencies. In order to comply with the Code of Virginia regarding fees for accessing, duplicating, supplying, or searching for requested public records, the City Manager recommended that Council approve a rate change for personal photocopies provided to the public and amend the Fee Compendium, as follows: Copy Charge: $.05 per impression Research/Staff Time Charge: If staff time is required to search/research public records, an additional charge may be applied based on the hourly rate of pay, including fringe benefits, of the individual City employee(s) conducting the search. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34743-040300) A RESOLUTION amending the City's Fee Compendium to comply with the Code of Virginia in imposing fees for accessing, duplicating, supplying, or searching for requested public records. (For full text of Resolution, see Resolution Book No. 62, page 570.) ACTION: 187 Mr. Trout moved the adoption of Resolution No. 34743-040300. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. AIRPORT-TRAFFIC-BUDGET-SIGNALS AND ALARMS: The City Manager submitted a written report advising that the intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, N. W., have been on the City's list for future traffic signalization for several years; while both locations have met the warrants for signalization, neither were ranked high enough to make the list of intersections funded from the latest bond referendum, and they currently rank second and eighth respectively on the pending list of new traffic signals; Advance Auto Parts, Inc., has been working with Roanoke County regarding expansion of its existing facility on the east side of Airport Road; Roanoke County approached City staff concerning the need for signalization at the two intersections noted above, which led to an offer by the County to fund 50 per cent of the $350,000.00 total estimated cost to signalize these two locations; funding sources have been identified to provide the City's share of $175,000.00; the City would handle all design and construction activities and obtain 50 per cent reimbursement from Roanoke County; and these sources do not include funds previously established for new traffic signals in the latest bond referendum. The City Manager recommended that Council adopt an ordinance authorizing her to execute an agreement with Roanoke County for sharing in the cost of traffic signalization on Airport Road, and amend the professional services agreement with Mattern & Craig, P. C., for traffic signal design; and adopt a budget ordinance transferring $175,000.00 to a new account and appropriating $175,000.00 as provided by Roanoke County. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34744-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 571.) Mr. Hudson moved the adoption of Ordinance No. 34744-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34745-040300) A RESOLUTION endorsing Roanoke's participation with the County of Roanoke sharing the actual cost of two (2) new traffic signals on Airport Road, N. W., within Roanoke, and authorizing the appropriate Roanoke officials to enter into the requisite agreement with the County of Roanoke, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 572.) Mr. Hudson moved the adoption of Resolution No. 34745-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Derelict Structures Fund (DSF) is a program funded by the General Assembly to assist with the removal or renovation of badly deteriorated properties; the Virginia Department of Housing and Community Development (DHCD) solicited proposals for the program in 1999; on August 16, 1999, Council authorized the Acting City Manager to submit a funding proposal for $100,000.00 for renovation of the Shenandoah Hotel on the City Market; and in January 2000, DHCD notified the City that its proposal was one of five in the State that had been approved. It was further advised that in order to accept the funds, the City must execute a grant agreement with the Virginia Department of Housing and Community Development which commits the funds for 189 ACTION: use exclusively on the Shenandoah Hotel, as proposed; the Hotel is being renovated by the Western Virginia Foundation for the Arts and Sciences for temporary housing for Mill Mountain Theatre actors, rehearsal space, public educational activities, and ground-floor retail space; and to disburse grant funds to the project, an agreement with the Western Virginia Foundation for the Arts and Sciences is necessary. The City Manager recommended that she be authorized to execute the Derelict Structures Fund Agreement with the Virginia Department of Housing and Community Development to accept the $100,000.00 grant, and to execute a contract, to be approved as to form by the City Attorney, with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds; and that Council appropriate $100,000.00 to an account in the Grant Fund to be established by the Director of Finance and establish a revenue estimate in the same amount. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34746-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 573.) Mr. Harris moved the adoption of Ordinance No. 34746-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34747-040300) A RESOLUTION authorizing the acceptance of a Derelict Structures Fund Grant from the Virginia Department of Housing and Community Development, authorizing execution of any and all requisite documents, and authorizing execution of an agreement with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds. lX 0 ACTION: (For full text of Resolution, see Resolution Book No. 62, page 574.) Mr. Harris moved the adoption of Resolution No. 34747-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-PARKS AND RECREATION: The City Manager submitted a written report advising that the Roanoke River Interceptor Sewer Replacement is part of a renovation and expansion of joint use sewer facilities project and replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limit; Contracts Al, A2, B1 and B2 are with Alex E. Paris Contracting Co., Inc., and replaces the existing interceptor from the Water Pollution Control Plant to Wasena Park at Winchester Street, which contracts represent a total of 26,982 feet (5.1 miles) of sewer replacement. It was explained that the project (Contracts Al, A2, B1 and B2) is approximately 99 per cent complete and is scheduled to be completed by April 1, 2000; a proposed 60 inch diameter sewer was found to be in conflict with the existing sewer at three locations in Wasena Park; Council was briefed on the issue on October 4, 1999; the conflict required the contractor to perform extra work to divert the existing sewer flow by pumping and to replace approximately 330 feet of existing 42" sewer ($385,275.00); the contractor also performed additional work to grout the tunnel at Reserve Avenue ($72,425.00); Change Order No. 6, in the total amount of $457,700.00, includes all costs associated with the additional work and is recommended for approval; the consulting engineer, Black & Veatch, concurs in the recommendation; and funds are available in the project contingency and each participating local government will be responsible for its pro- rata share of this regional project. It was noted that the proposed change order cost is apportioned between the participating jurisdictions as follows: City of Roanoke 36.7% $167,976.00 City of Salem 33.7% 154,245.00 Roanoke County 29.6% 135,479.00 Total 100.0% $457,700.00 191 ACTION: The City Manager recommended that she be authorized to execute Change Order No. 6, in a form to be approved by the City Attorney, with Alex E. Paris Contracting Co., Inc., in the total amount of $457,700.00, and 15 additional calendar days of contract time. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34748-040300) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 6 to the City's contract with Alex E. Paris Contracting Co., Inc., for the Roanoke River Interceptor Sewer Replacement, Contracts Al, A2, B1 and B2, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 575.) Mr. Harris moved the adoption of Ordinance No. 34748-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hume Powers, 2641 Nottingham Road, S. E., complained about the delays in connection with the reopening of Wiley Drive; whereupon, the City Manager was requested to provide Council with a projected date for Wiley Drive reopening. COUNCIL: Pursuant to the action taken by Council at its 12:15 p.m., session, Council convened in Closed Meeting to discuss a matter regarding acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. At 4:20 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber with Vice-Mayor Harris presiding and all Members of the Council in attendance, with the exception of Mayor Bowers. (The Mayor left the meeting following the Closed Session.) 1 92 ACTION: ACTION: 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 Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris .................................................................. 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of February, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: LEGISLATION: Council Member William White, Sr., Chairperson, Legislative Committee, presented a written report on behalf of the Committee, advising that the City's Legislative Services Contract with Thomas A. Dick runs through June 30, 2000; in order for the City to enter into a new agreement to procure services, it was necessary to issue a request for proposals from those who may wish to provide this service on and after July 1, 2000; and even though the City's proposal was advertised in the usual fashion, Thomas A. Dick submitted the only proposal. It was further advised that in his proposal, Mr. Dick offers to continue providing legislative liaison services for the City according to the same terms and conditions that he now provides those services, however, he requested that the City increase the hours budgeted for him to perform these services during the period between Sessions of the General Assembly from 85 hours, as currently provided, to 150 hours, at a rate of $100.00 per hour. 193 ACTION: The Legislative Committee recommended that Council concur in the request of Mr. Dick as the City continues to use his services more and more during the period between General Assembly Sessions; last year, the City requested that Mr. Dick monitor various legislative committees that were working during the summer months, as well as attend meetings of the Virginia Coalition on Cities; and the City Manager, City Attorney and Director of Finance concur in the recommendation of the Legislative Committee. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34749-040300) A RESOLUTION authorizing the execution of a contract with Thomas A. Dick to provide legislative liaison services. (For full text of Resolution, see Resolution Book No. 62, page 576.) Mr. White moved the adoption of Resolution No. 34749-040300. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ......................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 34731, permanently vacating, discontinuing and closing a ten foot wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, and 2041341 on the south and property identified as Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet, having previously been before the Council for its first reading on Monday, March 20, 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: ACTION: (#34731-040300) 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. 62, page 555.) Mr. White moved the adoption of Ordinance No. 34731-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION' AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ......................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) STREETS AND ALLEYS: Ordinance No. 34732, permanently vacating, discontinuing and closing a certain alley which extends easterly from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34732-040300) 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. 62, page 557.) Mr. Trout moved the adoption of Ordinance No. 34732-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) 195 ZONING: Ordinance No. 34733, rezoning a parcel of land containing 2.34 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffers contained in a Second Amended Petition for rezoning filed in the Office of the City Clerk on March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34733-040300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 559.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34733-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) ZONING: Ordinance No. 34734, rezoning a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 14, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34734-040300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.105, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. 196 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 561.) Mr. Hudson moved the adoption of Ordinance No. 34734-040300. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Hudson, Swain, Trout and White ......................................................................................... 5. NAYS: Vice-Mayor Harris ..................................................... 1. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: Ordinance No. 34735, authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property located on Dogwood Lane, S. W., identified as Official Tax No. 1390216, for use by adjoining property owned by Denise Sweeney, as shown on a survey attached to the report of the Water Resources Committee dated March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 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: (#34735-040300) AN ORDINANCE authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S. W., identified by Official Tax No. 1390216, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 562.) Mr. Swain moved the adoption of Ordinance No. 34735-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) NEIGHBORHOOD ORGANIZATIONS-LEASES-WATER RESOURCES: Ordinance No. 34736, authorizing the proper City officials to extend a lease agreement between the City and Old Southwest, Inc., 197 ACTION: for a period of five years, for use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, for a term of five years, effective January 1, 2000, and ending December 31,2004, at an annual lease fee of $1.00 over the five-year period, upon certain terms and conditions as more particularly described in a report to Council from the Water Resources Committee dated March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34736-040300) AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for the use of a certain City- owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 563.) Mr. Hudson moved the adoption of Ordinance No. 34736-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) COUNCIL: Mr. Trout offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000, to the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. W., with the 2:00 p.m., session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#34750-040300) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000. (For full text of Resolution, see Resolution Book No. 62, page 577.) ACTION: 'Mr. Trout moved the adoption of Resolution No. 34750-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-PENSIONS: Council Member Trout addressed the question of providing a 2.4 per cent cost-of-living increase for City retirees, effective July 1, 2000, which is equivalent to the Social Security increase that was provided on January 1, 2000; whereupon, the matter was referred to the City Manager and the Director of Finance for report during fiscal year 2000-01 budget study. RESPOND! SYSTEM: It was the consensus of Council to refer a request of Council Member Swain for a briefing on the Respond! System to the City Manager for response. SPORTS ACTIVITIES: Council Member Wyatt commended the Roanoke Express Hockey Team upon winning the Northwest Division Championship for the East Coast Hockey League. POLICE DEPARTMENT-PARKS AND RECREATION-JEFFERSON CENTER-CONSULTANTS REPORTS-HIGHER EDUCATION CENTER- WATER RESOURCES: Council Member Wyatt reiterated a previous request for information on consultant's fees in connection with the following: Roanoke Higher Education Center Parks and Recreation Master Plan Jefferson Center/Fitzpatrick Hall/Auditorium Police Building Railside Linear Park Carvins Cove Mill Mountain Development Plan 199 It was the consensus of Council to refer the request for information to the City Manager for response. INSURANCE-CITY EMPLOYEES-PENSIONS: Council Members Wyatt and Hudson addressed the cost of medical insurance and dental insurance for City retirees, and requested that the City Manager and the Director of Finance provide Council with a cost estimate of providing the same supplement to retirees as is provided to active City employees. It was the consensus of Council to refer the matter to the City Manager and the Director of Finance for report during fiscal year 2000- 01 budget study. REFUSE COLLECTION: Council Member Swain called attention to the need for a campaign to educate citizens on the consequences of littering and the cost to taxpayers of removing litter; and Council Member Hudson called attention to certain unsightly conditions on the west side of Peters Creek Road at Cove Road, N. W. It was the consensus of Council to refer the matters to the City Manager for response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 5:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 20.0 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 17, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, April 17, 2000, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, in the Exhibit Hall, at the Roanoke Civic Center, 710 Williamson Road, N. E., pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 34750 adopted on April 3, 2000. CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers ................................... 5. ABSENT: Vice-Mayor C. Nelson Harris and Council Member William White, Sr. - ..................................................................................................... 2. ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Donald C. Harwood, David L. Bandy, Matthew Prescott and Robert B. Manetta, Chair .......................... 4. ABSENT: Kevin A. Deck, Lawrence E. Johns and Alison S. Blanton ........... 3. CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., D. Kent Chrisman, Alfred T. Dowe, Jr., Barbara N. Duerk, Robert B. Manetta, Richard A. Rife and Melvin L. Hill, Chair.- ............................................................. 7. ABSENT: ............................................................................................ 0. BOARD OF ZONING APPEALS MEMBERS PRESENT: Joel W. Richert, Sydnor W. Brizendine, Jr. and Benjamin S. Motley, Chair; .................................. 3. ABSENT: Clay Grogan and Willard G. Light ............................................. 2. OTHERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Assistant City Manager for Operations; George C. Snead, Jr., Assistant City Manager for Community Development; Glenn D. Radcliffe, Director, Human Services; Robert K. Bengtson, Director, Public Works; Steven J. Talevi, Assistant City Attorney; Evelyn S. Lander, Director, Planning and Code Enforcement; Evelyn D. Dorsey, 201 Zoning Administrator; David Diaz, City Planner; J. Neil Holthouser, City Planner/Secretary, Architectural Review Board; Martha P. Franklin, Secretary, City Planning Commission; and Linda Leedy, Secretary, Board of Zoning Appeals. ARCHITECTURAL REVIEW BOARD-PLANNING-ZONING: Melvin L. Hill, Chair, City Planning Commission, advised that the mission of the City Planning Commission is to advise and assist City Council in promoting the orderly growth and development of the City through the preparation and recommendation of various plans, ordinances, and public programs; and under the Code of Virginia, the Commission has specific responsibility of preparing and recommending to the governing body, the Comprehensive Plan and the Subdivision Ordinance. He reviewed typical responsibilities of the City Planning Commission, as follows: *Prepares, reviews and makes recommendations to City Council in proposed amendments to the City's land development regulations. *Reviews and makes recommendations to City Council on specific requests for rezonings, street and alley closures, and zoning text amendments. *Assists other governmental bodies in recommending land development policies to City Council. *Prepares, reviews, and makes recommendation to City Council on various neighborhood and area plans, as well as the City's Comprehensive Plan. *Evaluates the public need for and the locations of public facilities (roads, schools, parks, historic sites, utilities, etc.) and makes recommendations to City Council. *Promotes planning and encourages public interest in City plans. *Reviews development plans for major commercial development when they are adjacent to single family residential areas or, as requested by the agent. *Considers street name changes as requested by the City Manager or Council. Mr. Hill reviewed initiatives for the year 2000, as follows: 2 )2 Prepare, review and recommend at least four neighborhood plans. The plan for Greater Raleigh Court is completed. A plan for the Melrose Rugby Neighborhood is almost finished. Plans for Peters Creek North (Norwood, Fairhope, Washington Heights and Miller Court neighborhoods) and Southern Hills have been initiated. Prepare, reviewand recommend a new City Comprehensive Plan. City Council has authorized funding for this initiative. Planning Commission staff is working with City departments to develop a public participation process, determine important plan components, and identify implementation/measurement activities. A consultant should be hired by May. Public outreach efforts and data collection could begin in June, and public workshops held in the fall. The plan is expected to take one year. Improve public involvement and participation in planning activities and public hearings. The Commission and staff are working closer with neighborhood organizations to inform them of pending items. Filing deadlines have been modified to allow earlier notification to adjacent property owners and neighborhood groups. New rezoning application packages have been developed. Neighborhood meetings are encouraged. Mr. Hill advised that the regular meeting of the City Planning Commission has been moved from the first Wednesday to the third Wednesday of each month, which will provide more time for citizens/neighborhood organizations to be involved in the planning process. He stated that each neighborhood plan will involve different issues and an additional planner position will be assigned to work on neighborhood plans which will help to accelerate the process. Benjamin S. Motley, Chair, Board of Zoning Appeals, advised that the mission of the Board of Zoning Appeals is to serve as a mechanism for relief of provisions of the Zoning Ordinance as mandated by the Commonwealth of Virginia; and the Board also hears appeals of decisions made by the Zoning Administrator and authorizes Special Exception Use permits in the City of Roanoke. He reviewed typical responsibilities of the Board of Zoning Appeals, as follows: *Hears and decides requests for variances from regulations set forth in the City's Zoning Ordinance. 203 *Considers and authorizes requests for special exception use permits set forth in the Zoning Ordinance; authorization may specify certain conditions for operation, including time limits for the permit. *Hears and decides appeals to any order, requirement, decision, or determination made by the City's Zoning Administrator. *Interprets the location of zoning district boundaries as depicted on the Official Zoning Map. *Recommends appropriate changes to zoning regulations to the Planning Commission that may be of a recurring nature, of questionable interpretation, or in need of further study. Mr. Motley advised that initiatives for the year 2000 are: Recommend appropriate changes to zoning regulations to the Planning Commission for telecommunication towers, used car lots, signs, and group care facilities. These special exception use permit facilities are increasing in number and have changed over the years. Revised standards are needed to assist the Board in appropriately reviewing requests for facilities. Improve communication with citizens and neighborhood organizations. Board staff is working closer with applicants, neighborhood.groups, and affected property owners on items pending review. Changes in filing deadlines are proposed to provide more opportunity for communication and discussion. Strengthening the understanding of Board of Zoning Appeals responsibilities. Board members are encouraged to become certified under the Virginia Certified Board of Zoning Appeals Program. Additional discussions have been held with related City boards and City Council to communicate issues and promote understanding of responsibilities. Mr. Motley requested that the Board of Zoning Appeals be permitted to submit input in regard to future appointments to the Board by Council. Robert B. Manetta, Chair, Architectural Review Board, reviewed the mission of the Architectural Review Board which is to preserve, protect and enhance the character of significant historic, architectural, or cultural properties located in historic districts, and to ensure the design compatibility and appropriateness of new construction and alterations therein; and the Board also identifies historic properties and recommends historic designation for such properties. 3q4 He reviewed typical responsibilities of the Architectural Review Board, as follows: *Administers the historic district regulations adopted by City Council. *Reviews new construction, alterations and demolition of structures located within the City's historic districts (H-l, Historic District and H-2, Neighborhood Preservation District), in accordance with zoning regulations and adopted architectural design guidelines. *Recommends historic landmark status and historic district protection for significant historic, architectural, or cultural properties in the City. *Provides architectural and design expertise to City Council, City Administration, and other City Boards, as requested. *Assists applicants in maintaining and enhancing the contributing architectural features of historic buildings through informal workshops and individual work sessions. Mr. Manetta reviewed initiatives for the year 2000, as follows: Improve communication with property owners in the City's historic districts. The Board and its staff have revised the design review process to assist property owners with applications, plans, and review process, and weekly design review meetings. The Board will further streamline its decision-making process by clearly defining fast-track administrative review items, such as fences, rear decks, etc. The Board will sponsor workshops on various topics and work with neighborhood organizations to distribute information and educate property owners. Improve monitoring of construction undertaken in the district and enforce applicable regulations, if necessary. Citizens have complained that many property owners ignore City permit and zoning regulations and illegally undertake construction in historic districts. City Zoning Inspectors and Board staff are actively pursuing violations and working with property owners to achieve compliance. Establish a historic resource inventory program to identify and survey important historic properties and potential districts. Using matching funds from the State, the City has committed to a survey of downtown Roanoke to identify historic resources and pursue their listing on the National Register of Historic Places. ' 205 The Board will establish an ongoing inventory program to survey important areas of the City. Previous surveys have included City Market, Warehouse Row, Gainsboro, Old Southwest, and Belmont. Survey data will be used as a basis for architectural design guidelines, to pursue local landmark status, and to nominate properties for listing on the National Register. Such listing allows property owners to claim up to 45 per cent of their rehabilitation costs in the form of Federal and State income tax credits. Ms. Duerk advised that a member of the City Planning Commission also serves on the Architectural Review Board, and suggested that Council consider appointing a member of the Roanoke Neighborhood Partnership Steering Committee to the City Planning Commission. There was discussion with regard to infill development in the historic district in such a manner as to preserve the historic qualities of the neighborhood while encouraging infill development. It was noted that no interest has been expressed with regard to constructing newstructures in old southwest or in the Gainsboro area and the City is struggling with the issues of how to attract new construction in view of limitations on lot size, setbacks, etc. It was also noted that some infill property is owned by the Roanoke Redevelopment and Housing Authority; and a committee of City staff is reviewing the Tax Abatement Program to encourage rehabilitation of property in Roanoke's neighborhoods. Following discussion, the Mayor suggested that the matter of infill development be referred to the City Manager for report as to future recommendations for implementation. There being no further business, at 1:40 p.m., the Mayor declared the meeting of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia. At 1:40 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, April 17, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. (arrived late), Linda F. Wyatt and Mayor David A. Bowers ............................................................................................. 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Tuesday, January 4, 2000, and Tuesday, January 18, 2000, and a special meeting held on Monday, January 10, 2000, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in 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. 207 ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) YOUTH: A communication from Mayor David A. Bowers with regard to summer youth activities in the City of Roanoke, was removed from the Consent Agenda for discussion. (See page 211.) BONDS/BOND ISSUES-FLOOD REDUCTION/CONTROL: A report of the City Manager advising that a $7.5 million bond referendum was passed in 1989 to provide partial funding for the Roanoke River Flood Reduction Project, and the utility tax was increased to pay the debt service for the bond, was before Council. It was further advised that a Local Cooperation Agreement (LCA) was executed between the City of Roanoke and the U. S. Army Corps of Engineers on June 25, 1990, to construct the project; and the project was delayed, pending completion and approval of environmental testing and assessments, by the Virginia Department of Environmental Quality in 1998; under the agreement signed with the Corps of Engineers, the City committed to fund the Roanoke River Flood Reduction Project with a five per cent local cash match for total project costs, 100 per cent of costs for lands and easements, 100 per cent of relocation costs, and 50 per cent of recreation trail costs; current total estimated project cost is $43 million, with the City's share estimated at $15.3 million; to date, $9.2 million in funding has been accumulated for the project; and with construction scheduled to begin in the year 2001, additional funding from the bonds will be required. It was explained that inasmuch as a bond must be issued within eight years of its referendum, and the original bond referendum was passed in 1989, reauthorization of the bond is required prior to its issuance; and a public hearing is required before the bond may be reauthorized. ACTION: The City Manager recommended that Council authorize a public hearing to be held on Monday, May 15, 2000, at 7:00 p.m., in connection with issuance by the City of general obligation public improvement bonds for the Roanoke River Flood Reduction Project, in the amount of $7.5 million. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request to hold a public hearing on Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ........................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) HENRY STREET REVIVAL COMMITTEE-STREETS AND ALLEYS- DOWNTOWN NORTH: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development; plans for the parking garage have been sufficiently finalized to identify property that will be required for construction of the garage; and authorization is needed to file a petition to close a public alley between Shenandoah and Centre Avenues, N. W., was before Council. The City Manager recommended that Council authorize the filing of a petition to close an alley between Shenandoah and Centre Avenues, N. W., with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) 209 ACTION: Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development, was before Council. ACTION: It was further advised that plans for the parking garage have been sufficiently finalized to identify property currently owned by Roanoke Foundation for Downtown, Inc., that will be required for construction of the garage; preliminary discussions with the Foundation have identified the need for an exchange of property to satisfy project requirements; and authorization is needed to file a petition to close a portion of public right-of-way and deed such to the Roanoke Foundation for Downtown, Inc. (or their successors in interest) in exchange for a parcel of land needed for the parking garage. The City Manager recommended that Council authorize the filing of a petition to close a portion of public right-of-way along Shenandoah Avenue, N. W., with the City to retain ownership of the property, if possible, until such time as the City and Roanoke Foundation for Downtown, Inc., are prepared to exchange properties; and further authorize the City Manager to enter into an agreement with Roanoke Foundation for Downtown, Inc., in a form to be approved by the City Attorney, to permit the exchange of property. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager recommending authorization to file a petition to vacate an alley between Jefferson and First Streets, N. W., and between Wells and Centre Avenues, N. W., relating to the Greater Gainsboro Development Project, was removed from the Consent Agenda for discussion. (See page 212.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development; the proposed public street vacation is necessary for development of the proposed parking garage and adjacent pedestrian spaces; and authorization is needed to file a petition to close a portion of First Street, N. W., was before Council. The City Manager recommended that Council authorize the filing of a petition to close a portion of First Street, N. W., between Centre and Shenandoah Avenues, with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) 211 HUMAN DEVELOPMENT-ECONOMIC DEVELOPMENT-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Frank W. Feather as a member of the Human Services Committee for a term ending June 30, 2000; and J. Granger Macfarlane as a member of the Economic Development Commission for a term ending June 30, 2002. ACTION: ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Trout moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent). REGULAR AGENDA YOUTH: A communication from Mayor David A. Bowers with regard to summer youth activities in the City of Roanoke; i.e.: Public Safety Cadet Corps, America's Promise, Summer Reading Program, City Internships, Job Training Camp, Summer Food Program, Parks and Recreation activities, was before Council. The City Manager advised that based upon the number of programs and opportunities available for young people in the City of Roanoke, the May 19 issue of the City Page of The Roanoke Times will be used to promote activities that are available to Roanoke's youth. The Mayor requested that the information also be provided to students in the high schools and middle schools. Without objection by Council, the Mayor advised that the communication be received and filed. 2 12 DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: The City Manager submitted a written report in connection with proposed improvements in the Greater Gainsboro Development Project which include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development, advising that several real estate transactions are necessary to complete the project. It was further advised that authorization is needed to file a petition to close an alley between Jefferson and First Streets, N. W., and between Wells and Centre Avenues, N. W.; whereupon, the City Manager recommended that Council authorize the filing of a petition on the above described property with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) Steven Lemon, representing the Roanoke Higher Education Authority, P. O. Box 13364, which is the group responsible for renovating the GOB North building for the Higher Education Center, advised that the proposal before Council relates to vacating an alley off Wells Avenue to the rear of the former Stone Printing Company building. He stated that the alley is an important access point for the Higher Education Center for operation of the Industrial Training Center of Virginia Western Community College which will be located on the lower level of the Higher Education Center and access to the alley may be needed for the delivery of certain large industrial machinery. He further stated that until the Higher Education Center has been operational for at least two years, it will be difficult to know whether the current alley located between the former Stone Printing building and the Higher Education Center will be adequate for this access point, or whether a combination of the public area and a private access easement from the terminus of the alley to the rear of the Higher Education Center will be necessary. Therefore, he requested that Council take no action on the proposed alley closure. Donald Buffington, representing the Roanoke Higher Education Center, spoke in support of the remarks of Mr. Lemon, and advised that the Higher Education Center is working in cooperation with its neighbors on surrounding properties to resolve the issue and is striving to be a good neighbor and to incorporate the thoughts of neighborhood representatives in the process. 213 ACTION: Kit B. Kiser, Director of Utilities and Operations, advised that the request authorizes the City Manager to file a petition with the City Planning Commission to initiate the process for alley closure; however, there appears to be a need for additional communication between City staff and the Higher Education Center staff. At this point, 2:25 p.m., Council Member White entered the meeting. Council Member Swain inquired about the property described as "Jordan Alley", which holds special historic meaning in the black community, and requested that "Jordan Alley" be recognized with an appropriate plaque designating its historic significance. Ms. Wyatt moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Trout and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: TAXES: The Williamson Road Area Service District was created pursuant to Ordinance No. 31472-052493 on May 24, 1993, at the request of over 50 per cent of the businesses along the corridor; and continuation of the district was established pursuant to Ordinance No. 32944-052096 adopted on May 20, 1996. John L. Huffman, 3034 Westworth Avenue, N. E., who recently purchased White's Automotive Service, appeared before Council and advised that he should not be required to pay the special service tax for the Williamson Road Area Service District. The City Manager pointed out that the City Attorney's Office advises that the entire commercial area along Williamson Road is part of the district and there are no provisions for businesses to withdraw. Without objection by Council, the Mayor advised that the motion would be referred to the City Manager for study, report and recommendation to Council. ZONING: A request of Ms. Gloria Dorma to discuss multi-family housing in the City of Roanoke was withdrawn, pursuant to instructions by Ms. Dorma. (Council Member Trout left the meeting.) 214 PETITIONS AND COMMUNICATIONS: BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A report of Kit B. Kiser, City Representative, Roanoke Valley Resource Authority, with regard t(~ the Resource Authority's annual budget for fiscal year 2000-2001, advising that budget information is presented pursuant to Section 5.9 of the October 12, 1991, Members Use Agreement, was before Council. ACTION: Mr. Kiser recommended that Council approve the proposed fiscal year 2000-2001 annual budget for the Roanoke Valley Resource Authority, in the total amount of $8,000,475.00, which is an increase of $252,075.00, or 3.25 per cent, over the approved 1999-2000 budget. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution' (#34751-041700) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2000-2001, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 578.) Mr. Harris moved the adoption of Resolution No. 34751-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BUDGET-SCHOOLS' A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $296,923.00 from the Capital Maintenance and Equipment Replacement Fund to provide for mathematics textbook adoptions, for the division-wide replacement of music instruments, for instruction computer technology, for 215 ACTION: equipment replacement in the magnet school programs, for facility maintenance equipment needs, and for library/media furniture and equipment. $1,570,000.00 for replacement of an obsolete rooftop air conditioning unit at Madison Middle School. The replacement also includes new ceiling tile, lighting, and conduit for the new computer network infrastructure; funding will be provided from 1999 Capital Bond funds. $42,750.00 for architectural fees for Fairview Elementary School improvements; funding will be provided from 1999 Bond funds. $52,250.00 for architectural fees for Fishburn Park Elementary School improvements; funding will be provided from 1999 Bond funds. $100,000.00 for the Blue Ridge Technical Academy to provide an educational training program for high school students at risk of academic failure and dropping out of school; this continuing grant program will be 100 per cent reimbursed by federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34752-041700) 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. 62, page 578.) Mr. Harris moved the adoption of Ordinance No. 34752-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: 216 AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY EMPLOYEES-PAY PLAN-BUDGET-HOUSING/AUTHORITY: Jesse A. Hall, Deputy Director of Finance, presented information on projected revenue, advising that local taxes comprise the largest part of the City's revenue base; i.e.: real estate taxes, personal property taxes, sales tax, meals tax, etc., and the City has experienced revenue growth of 4.33 per cent, or a total of approximately $7.6 million in new revenues. He stated that increased real estate revenue growth is about 3.9 per cent, and approximately two-thirds of the growth comes from an increase in the value of the City's real estate and about one-third comes from new construction in the City. He called attention to a two per cent increase in intergovernmental whereby the City receives approximately $580,000.00 from the State to support its juvenile detention center, however, the Juvenile Detention Commission will assume operation of the facility in the near future and the funds will go to the Juvenile Detention Commission rather than to the City's General Fund. He stated that a smaller portion of revenue is derived from fees and charges, or approximately $600,000.00; and an overall growth of 4.3 per cent is modest, however, given the current inflationary times of about two and one-half per cent, Roanoke's buying power is continuing to grow. The City Manager presented the following budget highlights: Roanoke's recommended budget for fiscal year 2000-01 increased $7,638,544.00, or 4.33 per cent over the current fiscal year, and includes funding for the following major expenditures: Local Support for Schools ($1,813,012.00) - additional funding for Roanoke City Public schools. Employee compensation ($2,365,031.00) - a pay increase of 4.0 per cent of the maximum of each pay grade is recommended. 217 Economic Development ($563,809.00) -Additional funding for the construction of a parking garage to support projects in the Greater Gainsboro area ($250,000.00); future economic development initiatives ($192,309.00); economic impact studies and promotional materials ($89,000.00); and dues and stock for the Regional Industrial Authority ($32,500.00) Education - Provide funding for the Middle School Neighborhood Learning Centers ($125,000.00). Communication with Citizens - Enhance communication with citizens and neighborhoods via a new publication mailed to citizens on a quarterly basis ($60,190.00). Neighborhoods -additional funding for: Street paving, snow removal and street lighting ($277,000.00). Solid waste disposal ($171,000.00) - Increased to pay disposal costs for residential town homes, condominiums, bulk and bagged leaves and increased tonnage associated with the Homeowner's Disposal Program Satellite Police Office ($10,000.00). Demolition of structures, litter abatement, weed control, and alley maintenance ($111,400.00) Other budget highlights include additional funding for: Renovation of Victory Stadium ($300,000.00). Debt capacity for future bond referendums for capital projects ($470,000.00). Community Development Block administrative costs ($150,000.00). Grant Social Service program expenditures funded in this State mandated category have been increased to meet the growing demands of citizens who qualify for economic support and various types of social services. The expenditure increase is related primarily to the increased cost of programs, such as Foster Care, Subsidized Adoption, Day Care Services, and transportation related to welfare reform. The state's share of this funding ranges from 50 per cent to 100 per cent. Comprehensive Services Act ($498,492.00) - Funding in this category provides for the administration of the Comprehensive Services Act Program and was reallocated from the Transfer to Grant fund. Dental Program for indigent children ($45,966.00). Remaining Supplemental Priority I items: Deputy Sheriff position for the City Jail Law Clerks for Circuit Court Judges Public Safety Cadet Program Senior Customer Service Representative position for VISSTA Program Savings associated with department reorganization and reengineering of the delivery of services ($570,000.00). The City Manager advised that tax dollars are broken down into the following categories: Community Development Education - Local Support General Government Health and Welfare Judicial Administration Parks, Recreation & Cultural Non-Departmental Public Safety Public Works $ 1,544,154.00 45,366,809.00 11,884,628.00 26,168 854.00 ~,925 511.00 6,270 531.00 21,191 027.00 41,003 831.00 24,697 123.00 With regard to the HUD Consolidated Plan Program, the City Manager advised that it is anticipated that total funds available will be $4.381 million, which is a small increase over the current fiscal year. She further advised that the total budget of approximately $4 million 219 leverages an additional $33.46 million in Federal, State, local and private sources, for a total program effect of approximately $37.8 million. She called attention to 47 projects and activities recommended for funding in the year 2000, ten of which are new and 37 are previously funded projects; a public hearing is scheduled for May 1, 2000, at 7:00 p.m., and Council is scheduled to conduct its formal review of the budget on May 4 and 5, with budget adoption proposed for May 9. Council Members Hudson and Swain requested that the City Manager continue to review inequities in the City's pay and classification plan as a part of the fiscal year 2001-02 budget process, with the ultimate goal of achieving a more understandable pay plan for City employees, to identify specific problems and to prepare an action plan. Without objection by Council, the Mayor advised that the proposed fiscal year 2000-01 City budget would be referred to budget study to be held on May 4 and 5, 2000, in the Emergency Operations Center Conference Room, Room 159, Municipal Building. POLICE DEPARTMENT-YOUTH: The City Manager introduced Sergeant James R. Ratcliffe for a briefing on the City's Public Safety Cadet Program/Youth Public Safety Academy. Sergeant Ratcliffe advised that the Youth Academy was recommended by the Mayor in his 1999 State of the City Address to attract Roanoke's youth to public safety careers. He stated that the goal of the program is to develop a better working relationship with Roanoke's youth, leading to a larger pool of potential applicants from the Roanoke community; and it is proposed to develop a mechanism with which public safety departments can create a working and understanding relationship with the City's youth and provide a forum whereby the reputation of the police, fire, emergency medical services and Sheriff's department will be enhanced, leading to a better understanding and respect for the jobs of public safety employees, while instilling an interest in Roanoke's young people to pursue a career in public safety. He advised that a stipend is proposed in the 2000-01 budget for participating youth to attend a three week public safety academy, in the amount of $75.00 per week, or a total of $225.00 for each participant who completes the three week program. He explained that every City applicant, between the ages of 14 and 18, who enters the Program will be offered an opportunity to apply for enrollment in the Youth Public Safety Academy, and applicants will be interviewed by a diverse panel composed of representatives of the Sheriff's Department, Fire Department, Police Department and the City's ACTION: Office on Youth. He advised that the purpose of the Public Safety Cadet Academy will be to provide an opportunity for Roanoke's youth to become familiar with the day to day operations of public safety; participants will have the opportunity to engage in hands on activities, youth demonstrations, tour City facilities and gain an understanding of the duties and operation of public safety in the City of Roanoke. He reviewed the Academy program on a week by week basis and advised that the Youth Academy offers an opportunity for members of the public safety community and youth of the City of Roanoke to learn from each other and to gain an understanding of public safety, through education, that will last for many years to come. Without objection by Council, the Mayor advised that the report would be received and filed. ITEMS RECOMMENDED FOR ACTION: U.S.S. ROANOKE: A report of the City Manager in connection with naming a United States Navy vessel in honor of the City of Roanoke, was deferred. SEWERS AND STORM DRAINS-BUDGET-EQUIPMENT: The City Manager submitted a written report advising thatthe Sewage Treatment Department has identified a need to replace a 1975 dumpster truck, due to excessive age and serviceability; whereupon the City Manager recommended that the bid of Magic City Motor Corporation, in the amount of $38,925.00, for one new truck cab/chassis, and one dumpster body to be mounted on the cab/chassis from Carolina Environmental Systems, Inc., in the amount of $38,928.00, be accepted; reject all other bids received by the City; and appropriate $77,853.00 from Sewage Treatment prior year retained earnings account to Account No. 003-056-3175-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34753-041700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 581.) 221 ACTION: Mr. Hudson moved the adoption of Ordinance No. 34753-041700. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Mr. Hudson offered the following resolution: (#34754-041700) A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. (For full text of Resolution, see Resolution Book No. 62, page 582.) Mr. Hudson moved the adoption of Resolution No. 34754-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES' Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace seven pick-up trucks and two dump trucks for various departments; whereupon, the City Manager recommended acceptance of the following bids: One 4-wheel drive crew cab pick-up, four 4-wheel drive pick-ups with snow plows, one 11/2 ton dump truck cab/chassis, and two 3/4 ton, diesel engine pick-up trucks from Magic City Motor Corporation, at a total cost of $214,336.00. ACTION: One 16 ft. dump body to be mounted on a 1% ton cab/chassis from Dales Garage, at a total cost of $5,096.00. One 1 ton dump truck cab/chassis from Dominion Car Company, at a total cost of $18,936.00. One 8 ft. dump body to be mounted on a 1 ton cab/chassis from Truck Body Corporation, at a total cost of $4,154.32. The City Manager further recommended that Council authorize issuance of purchase orders for trucks and related equipment, at a total cost of $242,522.32 and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34755-041700) A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. (For full text of Resolution, see Resolution Book No. 62, page 583.) Mr. Hudson moved the adoption of Resolution No. 34755-041700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Council Member Swain requested that City staff track the disposition of vehicles to be replaced in the City's vehicular fleet; whereupon, the Acting Director of Public Works advised that a report with regard to replacement/removal of vehicles from the City's vehicular fleet will be submitted within 60 days. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-119, provides funding for implementation of the Local Law Enforcement Block Grant Program 223 (LLEBG), administered by the Bureau of Justice Assistance, U. S. Department of Justice; the purpose of the program is to provide local governments with funds to underwrite projects to reduce crime and to improve public safety; Council authorized application for and acceptance of grant funds on August 20, 1999, pursuant to Resolution No. 34438-081699 and $138,159.00 in federal funds and $15,351.00 in local match (total: $153,510.00) for the period October 1, 1999 through September 30, 2001, was awarded, which renews funding for the City of Roanoke for the fourth year. It was further advised that the grant requires that funds supplement rather than supplant local monies; grant funds will be used for: (1) paying overtime to presently employed law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) procuring equipment and other materials directly related to basic law enforcement functions; police bicycle patrol hours will be expanded through allocation of the funds; and last year's grant funding provided over 3,880 hours of extra police patrol time which was directed at specific areas or neighborhoods. It was explained that the Local Law Enforcement Block Grant requires all grant funds ($153,510.00) to be placed in an interest bearing account; based on interest earned during each of the past three years of Local Law Enforcement Block Grant funding, interest earnings of $2,500.00 are anticipated for the grant; and local cash match of $15,351.00 is available in the Police Department's State Asset Forfeiture account. The City Manager recommended that Council appropriate $156,010.00 to the following grant fund accounts: Police Overtime FICA Expendable Equipment Training and Development 035-050-3318-1003 035-050-3318-1120 035-050-3318-2035 035-050-3318-2044 $119,378.00 9,132.00 27,000.00 500.00 $156,010.00 Increase revenue estimates in accounts to be established by the Director of Finance; and authorize unexpended grant funds to draw interest in accordance with grant requirements. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: ACTION: (#34756-041700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 584.) Mr. Harris moved the adoption of Ordinance No. 34756-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Mr. Harris offered the following resolution: (#34757-041700) A RESOLUTION authorizing the application for and, if approved, the acceptance of a certain Local Law Enforcement Block from the United States Department of Justice's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 62, page 585.) Mr. Harris moved the adoption of Resolution No. 34757-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) FIRE DEPARTMENT: The City Manager submitted a written report advising that the City of Roanoke entered into a contract on September 10, 1999, with Betty M. Branch, to create a significant work of art from bronze as a firefighter memorial, consisting of a one and one-quarter life size sculpture to be delivered to the Virginia Museum of Transportation; Article 5 (c) of the contract limits production of the sculpture to one original statue; and Ms. Branch has requested, with ACTION: 225 approval of the Firefighter Memorial Committee, to expand the language in the contract to permit a limited production of four statues, which will enhance the value of the original casting. The City Manager recommended that she be authorized to execute an amendment to the existing contract, in substantially the form set forth in the original document and as approved by the City Attorney, with Betty M. Branch to allow for three additional castings. (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: (#34758) AN ORDINANCE authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of the statue to be created. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) REPORTS OF COMMITTEES: BUDGET-CABLE TELEVISION: Council MemberW. Alvin Hudson, Jr., City Council Liaison, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the City's representatives to the Committee, recommending that Council approve the recommended RVTV budget for fiscal year 2000-01, in the amount of $259,078.00, with the City's share totaling $145,084.00. It was explained that the Committee's recommended budget of $259,078.00 is proposed to be shared by each locality, as follows: Locality Number of Cox Percentage of Resulting Communications Subscribers/ Contribution to Subscribers as Share of 2000- Recommended of February 2000 2001 RVTV 2000-2001 RVTV Budget Budget City of Roanoke 32,363 56% $145,084.00 County of 22,934 39% $101,040.00 Roanoke Town of Vinton 2,818 5% $ 12,954.00 TOTAL 58,115 100% $259,078.00 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34759-041700) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2000-2001 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 62, page 586.) Mr. Hudson moved the adoption of Resolution No. 34759-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) PUBLIC WORKS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for installing a new EPDM roof and insulation on roof areas 1 and 2 at the Public Works Service Center; whereupon, he recommended acceptance of the bid submitted by John T. Morgan Sheet Metal Co., Inc., in the amount of $79,816.00, in accordance with contract documents as prepared by the Office of 227 City Engineer; that the City Manager be authorized to enter into a contractual agreement for said work, in a form to be approved by the City Attorney; and reject all other bids received by the City for the work. (For full text, see report on file in the City Clerk's Office.) The City Manager concurred in the recommendation of the Bid Committee. ACTION: Mr. Swain offered the following resolution: (#34760-041700) A RESOLUTION accepting the bid of John T. Morgan Sheet Metal Company, Incorporated, for work on the Public Works Service Center (PWSC), upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Resolution, see Resolution Book No. 62, page 587.) Mr. Swain moved the adoption of Resolution No. 34760-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) UNFINISHED BUSINESS: DONATIONS/CONTRIBUTIONS-LIBRARIES: Council having previously deferred action on a report of the City Manager with regard to selling some out-of-print books owned by the Public Library, the City Manager submitted a written report advising that several collections of books have been donated to the Public Library over the years, including rare 19th century first editions, 15th and 16th century illuminated manuscripts, and other illustrated rare books; and these collections do not fit within the scope of the Library's collection development policy and are not germane to the Library's mission. ACTION: It was further advised that the Library Board has approved the disposal of these materials with the proceeds from their sale to be deposited with the Roanoke Public Library Foundation; the Library Foundation has agreed to accept and invest the funds with the interest income to be appropriated in perpetuity for the purchase of Virginia Room and general reference materials; neither the History Museum and Historical Society of Western Virginia nor the Art Museum of Western Virginia is interested in the materials; and provisions of the City Code authorize disposal of such items after consultation with the Roanoke Arts Commission, which has been done. The City Manager recommended that she be authorized to sell materials according to guidelines provided by City Code Section 2-269; and deposit the proceeds of sale with the Roanoke Public Library Foundation for investment to provide for ongoing support of the Roanoke City Public Library. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34761-041700) A RESOLUTION authorizing the staff of the Roanoke City Public Library to sell certain collections of rare books that have previously been donated to the City, through certain auction houses and by consignment with booksellers, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 588.) Mr. Harris moved the adoption of Resolution No. 34761-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 229 ACTION: BUDGET-COUNCIL: Mr. Harris offered the following resolution scheduling a special meeting of City Council to be held on Monday, May 1, 2000, at 7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center, for the purpose of holding a public hearing on the fiscal year 2000-01 budget and effective tax increases: (#34762-041700) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 589.) Mr. Harris moved the adoption of Resolution No. 34762-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BUDGET-COUNCIL: Mr. Harris offered the following resolution scheduling a special meeting of City Council to be held on Tuesday, May 9, 2000, at 3:00 p.m., in the City Council Chamber, for the purpose of adopting the fiscal year 2000-2001 budget: (#34763-041700) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 590.) Mr. Harris moved the adoption of Resolution No. 34763-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: 230 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: ACTION: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE At 3:55 p.m., the Mayor declared the meeting in recess. At 4:05 p.m., the meeting reconvened in the City Council Chamber with Mayor David A. Bowers presiding and all Member of the Council in attendance, with the exception of Council Member Trout. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the resignation of Barbara Lashley, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Rita D. Bishop. There being no further nominations, Ms. Bishop was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2002, by the following vote: FOR MS. BISHOP: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................................................... 6. (Council Member Trout was absent.) ACTION: ACTION: 231 OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the terms of office of Mary A. Rogers and Bruce L. Robinson as members of the Fair Housing Board expired on March 31, 2000, and called for nominations to fill the vacancies. Mr. Hudson placed in nomination the names of Mary A. Rogers and Bruce L. Robinson. There being no further nominations, Ms. Rogers and Mr. Robinson were reappointed as members of the Fair Housing Board, for terms ending March 31, 2003, by the following vote: FOR MS. ROGERS AND MR. ROBINSON: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................. 6. (Council Member Trout was absent.) OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that the term of office of James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission expired on April 12, 2000, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of James D. Grisso. There being no further nominations, Mr. Grisso was reappointed as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2004, by the following vote: FOR MR. GRISSO: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................................................... 6. (Council Member Trout was absent.) At 4:05 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber. On Monday, April 17, 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, Mayor Bowers presiding. 232 PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........................................................................... 6. ABSENT: Council Member James O. Trout ............................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HEARING OF CITIZENS: STATE HIGHWAYS-TRAFFIC: Frederick Williams, 3725 Sunrise Avenue, N. W., Chairperson, Neighborhood Development Committee of the Williamson Road Action Forum, advised that in June 1998, Council adopted a plan for 10th Street improvements which included a four-lane design between Gilmer Avenue and Staunton Avenue and a three lane design from Staunton Avenue to Williamson Road; and the plan also called for demolition of 21 houses and two businesses and included sidewalks, curb and gutter, drainage improvements and landscaping, which he would refer to hereinafter as the Virginia Department of Transportation (VDOT) plan. He further advised that two weeks ago, the City Manager presented Council with a revised conceptual plan for 10th Street improvements which consists of a two-lane design from Gilmer Avenue to Williamson Road, with turning lanes selectively added at busy intersections to manage traffic flow, no houses or businesses will be demolished, and striped bicycle lanes, sidewalks, curb and gutter, and landscaping improvements will be included, which he would hereinafter refer to as the "neighborhood plan." Therefore, he requested that Council formally withdraw its support of the "VDOT plan", and instead give its support to the "neighborhood plan," because any traffic problems on 10th Street can be managed with turning lanes. Mr. Williams referred to a resolution adopted by the Williamson Road Area Business Association listing what it considers to be the short comings of the public improvement phase of the process that produced the "VDOT plan." He noted that not everyone is as 233 supportive of the "neighborhood plan" as are the neighborhoods and some members of the Williamson Road Area Business Association have stated that the process did not provide adequate opportunity for those who had reservations about the "neighborhood plan" to influence its outcome. He stated his disagreement with this position inasmuch as the process has been open, inclusive and provided ample opportunity for all interested parties to be heard. Mr. Williams referred to the February 28 meeting with the City Manager, the City's Traffic Engineer, Members of the Williamson Road Action Forum, and representatives of the Washington Park Neighborhood Alliance, Grayson Avenue Beautification Council and Melrose/Rugby Neighborhood Forum, and, as a result of the meeting, the City Manager requested that the "VDOT plan" be placed on hold and that an alternative plan be developed based upon neighborhood input. He called attention to a series of meetings at which time the revised plans for 10th Street were presented and input was invited by the Williamson Road Area Business Association (WRABA). He responded to the following objections of WRABA to the "neighborhood plan"; i.e.: (1) It is indicative of short term thinking. Mr. Williams stated that this is only true if long term planning for Roanoke is to continue the undermining of Roanoke's neighborhoods and the accompanying loss of population through sprawl promoting growth projects. (2) A dedicated center turning lane may be more desirable than discretP turning lanes at busy intersections. Mr. Williams stated that it is difficult to understand why, from WRABA's perspective, this would be an issue since the center lane could be used only for turning and not for travel. (3) Bicycle lanes are a fad or feature that no one will use anti will detract from 10th Street's role as a thru way for cars. Mr. Williams stated that the hostility to bike lanes is remarkable, it is at odds with the comprehensive greenway plan and with the Roanoke Valley Long Range Transportation Plan. (4) Funding the "neighborhood plan" might be done at the expense of streetscape improvements on Williamson Road. Mr. Williams stated that WRABA has been advised that the Williamson Road Action Forum will not support any attempt to divert money from Williamson Road to 10th Street and his desire has been to pressure VDOT to allow cities more flexibility in the use of urban construction program funds. (5) The "neighborhood plan" for 10th Street does not include the 10th Street gateway which is part of the plan for Williamson Road improvements. Mr. Williams stated that the Action Forum has no objection to the gateway at 10th Street and Williamson Road as long as it does not require the widening of 10th Street. He advised that these objections seem to lack seriousness and credibility and taken together amount to little more than an attempt to undermine the "neighborhood plan" for 10th Street. Mr. Williams stated that Roanoke City neighborhoods will never be all that they can be until serious attention is paid to City streets which form the network of social boundaries that produce pleasant and habitable environments. He added that neighborhoods exist for the benefit of the people who live in them and not for the benefit of those persons who use them as transportation corridors, which should be the non-negotiable and first principal of urban street and road design; and for urban areas like Roanoke City, anything else is a form of slow suicide. He advised that the vision for 10th Street is a pleasant and inviting residential street, but also a main corridor between the north and south ends of the City, a street on which traffic flows smoothly and evenly but at modest speeds, a street on which pedestrians do not have to fear speeding cars, and a street on which bicyclists can travel in safety without being made to feel second class. He stated that with patience and determination, Roanoke can make this vision a reality and asked that Council lend its support to the "neighborhood plan", which will be a credit to the City and will be worthy of its citizens. Michael Bailey, 4804 Williamson Road, N. W., President, Williamson Road Area Business Association, advised that the current position of the community appears to support a revisit of the 10th Street widening project, but with wider community involvement. He requested that Council allow more time to discuss the benefits of a two- lane versus a three-four lane road, because the WRABA Board of Directors is not as concerned about a two or three lane road as it is with the width of the roadway. He asked that funds for improvements to the Williamson Road corridor as presented by David Hill, P. C., on which construction is about to begin, not be threatened by the proposed 10th Street project/resolution and that plans concerning the 10th Street intersection and Williamson Road, be included in the proposed resolution to VDOT. He advised that WRABA does not wish to speak against the proposed resolution, but would like to include certain vitally important issues to the Williamson Road area. Ms. Kristin Reynolds, 3748 Martinell Avenue, N. W., advised that she moved to the Roanoke area three years ago from Knoxville, Tennessee, a locality where the City government consistently voted against neighborhoods, favoring instead the widening roads, cutting down trees and razing old homes, etc.,which resulted in a flight of citizens from the City, and Knoxville is now struggling to find ways to get people to move back to the City. She added that she moved to Roanoke because it is a beautiful place to live and she has a tremendous concern that the City of Roanoke will not become another Knoxville, Tennessee. 235 Mr. Pete Johnson, 3748 Martinell Avenue, N. W., advised that the City must do more for its neighborhoods and neighborhood plans should be neighborhood friendly. Keith Moore, 3339 Frontier Road, N. W., Past President, Williamson Road Action Forum, advised that the plan previously approved by VDOT six years ago was not neighborhood friendly and would have encroached on private property by razing 21 houses, relocating 21 families, and causing a rift between Williamson Road neighborhoods. He stated that the Williamson Road Action Forum worked closely with members of the Williamson Road Area Business Association and an adequate amount of time was provided for input. He read a letter from Dr. John Shelton supporting a two-lane roadway for 10th Street. Barbara N. Duerk, representing the Commonwealth Transportation Safety Board, 2607 Rosalind Avenue, S. W., advised that Roanoke City should determine the use of urban construction money rather than VDOT. She applauded all citizens who are championing the cause for improvements to 10th Street, and stated that residents never gave up hope that some day someone would listen to their concerns about the effect of VDOT's plan for 10th Street, and the time is right for Roanoke to not be intimidated by VDOT and for the City administration and citizens to request the best possible improvements for 10TM Street. She referred to a portion of the Transportation Equity Act for the 21st Century which provides that bicycles and pedestrians shall be given due consideration in State and Long Range Transportation Plans, bicycles and pedestrian projects shall be considered where appropriate in conjunction with all new construction and reconstruction of transportation facilities, except where bicycles and pedestrians are prohibited, and transportation plans and projects shall provide due consideration for safety and contiguous roads for bicyclists and pedestrians. She advised that Roanoke City supports economic development, all citizens should be able to move freely and safely between their home and their work place, and automobiles should not be the only means of transportation. She urged that Council approve the "neighborhood plan" for 10th Street. Ms. Kathy Hill, 509 Arbor Avenue, S. E., spoke in support of the "neighborhood plan" for 10th Street. She advised that neighborhoods are dwindling away as a result of large projects; and the City should support its neighborhoods rather than displacing citizens and losing the basic neighborhood core. She referred to a resolution adopted by the Riverland Alert Neighbors in support of the proposed "neighborhood plan" for 10th Street improvements. 236 Mr. Carl Cooper, Chair, Legislative Committee, Roanoke Neighborhood Partnership Steering Committee, 2021 Carroll Avenue, N. W., advised that the Steering Committee supports Council's vision for the City. He stated that the Roanoke Neighborhood Partnership Steering Committee believes that all persons in the neighborhoods and all City residents should be made aware of transportation projects and be allowed to have a voice in the decisions that affect their lives. He advised that the Steering Committee believes that transportation planning and design in the urban environment should acknowledge and reflect the value of preserving the quality of life in neighborhoods and issues of noise, air quality and safety must be addressed in every transportation project. He noted that the Roanoke Neighborhood Partnership Steering Committee supports the request of the Williamson Road Action Forum to Council to reevaluate the plans for 10th Street, because future transportation projects should address the Council's vision to make Roanoke an exceptional place to live, work and visit. Bob Caudle, President, Greater Deyerle Neighborhood, 4231 Belford Street, S. W., advised that Williamson Road cannot accommodate the additional traffic if 10th Street is widened to four- lanes. He added that Council has stated that neighborhoods are the life blood of the City of Roanoke, and requested that Council not cut off its life blood and support the 10th Street "neighborho~)d plan." Estelle McCadden, President, Melrose/Rugby Neighborhood Forum, 2128 Mercer Avenue, N. W., advised that input should be solicited from the neighborhoods at the beginning of the planning process when the City begins to address issues that affect specific neighborhoods. She commended the Williamson Road Action Forum for taking a leadership role regarding 10th Street improvements, and urged that Council support the "neighborhood plan" for widening 10th Street. Ms. Jeanette Manns, 1826 10th Street, N. W., advised that residents have taken a united stand in support of the "neighborhood plan" and they request that Council listen to their wishes. Mr. Bob Bowers, 2710 10th Street, N. W., inquired if the overall plan for 10th Street is adequate to address future traffic needs, and bicycle lanes would be better served at a location where there are not as many intersections. He inquired as to the funding source for 10th Street improvements and expressed concern with regard to spending a large sum of money on a project that may not address the future needs of 10th Street in ten to twenty years. He asked that Council respond to his questions before approving the "neighborhood plan." 237 Mr. Mark Pedersen, 1001 Dale Avenue, S. E., advised that he would like to continue to live in the City of Roanoke, but if he cannot walk safely down 10th Street or any other street in the city, or if he cannot safely go for a ride on his bicycle, then Roanoke is not a city where he would want to live. He stated that when potential businesses conduct a search of a community they look at livability issues, the quality of schools, a strong and vibrant downtown, and neighborhoods, specifically whether or not they retain home owners for long periods of time. He noted that if 10th Street is widened to four lanes, the same thing will happen that has already occurred along Jamison Avenue and Bullitt Avenue in southeast Roanoke where many large homes have been converted to rental property and will eventually decline into slum property. He stated that transportation effects the quality of a community and transportation planners are trying to accommodate all forms of transportation, whether it be for recreation or transportation. He requested that Council support the "neighborhood plan" for two- lane traffic on 10th Street. Brenda McDaniel, President, Greater Raleigh Court Civic League, 2037 Carter Road, S. W., advised that 10th Street is her chosen route to work because it is less stressful and more pleasant than some of the other faster routes. She called attention to nice neighborhoods that border 10th Street and Williamson Road, and pedestrians walking along 10th Street do not need a multi-lane highway running through their neighborhood. She urged that Council rescind its previous request to VDOT regarding the four laning of 10th Street and approve the proposed "neighborhood plan" to widen the roadway to two lanes. Ms. Elizabeth Belcher, 5998 Grandin Road, S. W., spoke in support of the proposal of the Williamson Road Action Forum for bike lanes and sidewalks on 10th Street which will improve safety in the area. She explained that the Roanoke Valley Conceptual Greenway Plan prepared in 1985 included both off route and on route greenway trails, and on road routes as connections suitable for bicycles are essential to making the greenway system a transportation network. She advised that 10th Street was included as an on road greenway corridor in the greenway plan based on: (1) public input, (2) previous inclusion of bikeways and bike lanes in the Roanoke Valley Bicycle Plan, and (3) the connection that is provided for pedestrians and bicyclists. She stated that one section of the Lick Run Greenway has been built and other sections will soon be under construction, the greenway will close 10th Street in the Shadeland area, and bike lanes and sidewalks are logical connections from the greenway to the neighborhood. She advised that Roanoke's vision supports protecting and enhancing neighborhoods, facilitating participatory government and increasing access to alternate 2 38 transportation modes and this project meets those goals. She encouraged Council to support the 10th Street community and the 10th Street connections to the Lick Run Greenway. Mr. Michael Mills, 1314 Grandin Road, S. W., advised that the decisions made on the 10th Street issue will forever impact the citizens of Roanoke, surrounding localities and future visitors to the area. He stated that 10th Street improvements could also serve as a model for future roadway projects, therefor the issues at hand should be closely considered. He advised that in the past few years, there have been many strides toward a city with community emphasis which adds to the quality of life by linking communities and providing alternative forms of transportation to motorized travel which will attract potential businesses that are seeking such a place to locate. He stated that Roanoke has the potential as a city to promote its geographical position and natural beauty, an example of which is the Blue Ridge Parkway which was voted as the number one national park last year. He further stated that if Roanoke would develop in such a way so as to attract Blue Ridge Parkway visitors, a large boost to Roanoke's economy would be provided which could be done by encouraging bicycling, walking, in line skating and horse back riding within the City limits, and Roanoke's small size is conducive to travel and recreation by any of those alternative forms of transportation. He asked that Council support the "neighborhood plan" for 10th Street. Matt Hawkins, President, Williamson Road Action Forum, 2431 Dorchester Drive, N. W., advised that bike lanes are needed on 10th Street, and 10th Street should not be widened to four lanes because it is a neighborhood and not a highway. Mr. James Olin, 175 27th Street, S. W., advised that Roanoke's neighborhoods should be strengthened and not weakened by a four- lane highway. He stated that the wishes of the citizens have been expressed and requested that Council vote in favor of the "neighborhood plan" for 10th Street. The City Manager was requested to clarify her direction; whereupon, she advised that Council was briefed two weeks ago in advance of hearing from citizens of the 10th Street area, and at that time, the Director of Public Works was conducting meetings with neighborhood groups, therefore, it would have been premature for staff to advise Council that the neighborhoods were in full support of the "neighborhood plan." She called attention to discussions with 239 ACTION: representatives of VDOT who indicate that they are prepared to work with the City on the plan that the City believes is in the best interest of the community. Ms. Wyatt offered the following resolution: (#34764-041700) A RESOLUTION rescinding Resolution No. 33857-060198, adopted June 1, 1998, thereby withdrawing Council's support for the proposed 3-1ane/4-1ane improvements to 10th Street, N. W.; and concurring in requests of neighborhood organizations to support development of a revised 2-lane improvement plan for 10th Street, N. W. (For full text of Resolution, see Resolution Book No. 62, page 591.) Ms. Wyatt moved the adoption of Resolution No. 34764-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BID OPENINGS: PARKS AND RECREATION-BLUE RIDGE PUBLIC TELEVISION: Pursuant to notice of advertisement for bids for the lease of five acres of Fishburn Park for a public television operation, said bids to be received in the City Clerk's Office until 4:00 p.m., on Monday, April 17, 2000, and to be held unopened by the City Clerk until 7:00 p.m., on that date, at which time all bids would be publicly opened and read aloud before the Council, the Mayor inquired if anyone had any questions with regard to the opening of the bids. There being none, he requested that the City Clerk open and read all bids received prior to the deadline. The City Clerk opened and read the sole bid received by the City from Blue Ridge Public Television, as follows: Payment to the City of one dollar per year for each of the 30 years of the lease. Acknowledgment of a contribution of in-kind dollars in the amount to be determined of as portion of the fair-market rental value. Blue Ridge Public Television will provide fire and extended coverage insurance on the permanent improvements located on leased premises as well as casualty insurance. (For full text, see bid on file in the City Clerk's Office.) Mr. Hudson moved that the bid be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. PUBLIC HEARINGS: PARKS AND RECREATION-BLUE RIDGE PUBLIC TELEVISION: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of receiving comments relating to the proposed lease of five acres of land and a 50 foot wide right-of-way owned by the City in Fishburn Park, for the purpose of operating a non- profit, educational television facility, for a period of 30 years commencing as soon as all legal requirements have been met and ending on July 1, 2030, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on March 20, March 27, April 3 and April 10, 2000. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons in attendance who would like to address Council in connection with the matter; whereupon, no one asked to be heard. There being no questions or comments by Council Members, the Mayor declared the public hearing closed. SCHOOLS: Council having authorized the City Clerk to advertise a public hearing for Monday, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens 241 regarding appointment of three Roanoke City School Board Trustees for three year terms of office commencing July 1, 2000, the matter was before the body. Advertisement of the public hearing was published in The Roanoke Times on Friday, April 7, 2000. Candidates for the positions are James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns and William E. Skeen. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Michael Palmer, 1524 Wilson Avenue, N. W., spoke in support of the application of Mr. Sherman Lea. He advised that Mr. Lea has a concern for not only the education of Roanoke's children, but for their well being and safety while they are in school. He stated that from his previous experience as a police officer, there are generally two types of teens, the student who attended school every day and the drop out who felt that no one was concerned for his well being or safety. He added that Mr. Lea has a strong concern for the student who drops out of school and to that end, he initiated a program with Total Action Against Poverty, known as the Drop Out Retrieval Program, which locates students who have dropped out of school and tries to get them back into educational programs that will enable them to earn their GED. He called attention to Mr. Lea's involvement to establish a program to place dogs in the schools to sniff out drugs which benefit not only the students, but parents, teachers, police officers, and the community at large. He advised that Mr. Lea's dedication and commitment as a School Board Trustee will help to make Roanoke a safer and better community and will also help many young people who cannot succeed in a normal school setting. Ms. Anita J. Price, 3101 Willow Road, N. W., spoke on behalf of the reappointment of Mr. Sherman Lea. She advised that she has been a classroom teacher and counselor for over 25 years and it is from this experience that she addresses Council. She further advised that public education is under attack like never before, teachers are criticized and made to be scape goats for all of the ills of the public education system, and now, more than ever before, more support and more friends of public education is needed in order to work together for the success of Roanoke's children, and the Roanoke City Public Schools have such a friend in Mr. Lea. She stated that Roanoke has an excellent school system and part of that success must be attributed to Mr. Lea who has worked diligently on several school board committees, 242 he has been recognized statewide as Chair of the Blue Ridge Region of School Boards which is comprised of 18 school divisions from Allegheny to Wythe County and from this position, he was automatically appointed to the Board of Directors of the Virginia School Board Association. She advised that Mr. Lea believes that every employee has the right to work with dignity and respect, he has proven himself to be an active listener and problem solver, and he is willing to do whatever is required to insure the best learning environment for Roanoke's students and the best working environment for school employees. She strongly supported Mr. Lea's application for reappointment to the School Board. Ms. Fran Martin, 3325 Oakland Boulevard, N. W., a retired teacher of the Roanoke City School System, spoke in support of the reappointment of Mr. Sherman Lea. She advised that she worked closely with Mr. Lea in regard to promoting a drug free environment in the Roanoke City Public schools and in naming a building at William Fleming High School in honor of former principal, Alice Szathmary. She stated that Mr. Lea supports Roanoke's high schools and a new or remodeled stadium or complex to be used for athletic events. She advised that Mr. Lea responds immediately to questions or concerns and he is an advocate for parents, students and employees within the school system; whereupon, she urged that Council give serious consideration to his reappointment to the School Board. Ms. Leslie Matney, 2310 Avenham Avenue, S. W., spoke in support of the reappointment of Mr. Sherman Lea to the School Board because he is a concerned citizen involved in his community through his job, his religion, his family and his love of sports. She advised that Mr. Lea has two children who attended Roanoke City Public Schools and he was actively involved in both their academic and athletic endeavors. She stated that every school is important to Mr. Lea and as a School Board member, he makes an effort to be accessible to all people in the community and takes time to listen to concerns, investigates issues and takes appropriate action, he is open to all comments about school issues, be they favorable or critical, and he follows through on all concerns and earnestly tries to resolve matters to the satisfaction of the individual. She advised that Mr. Lea is involved in programs that will create a safe environment in the schools, he initiated the use of drug dogs in the schools and encourages drug awareness education to eradicate the drug problem, and he is involved in a campaign to reduce the drop out rate in the schools. She advised that Mr. Lea brings to the School Board a balanced approach to 243 continuing education, while utilizing his experience, talents and abilities for the benefit of Roanoke's young people. She urged that Mr. Lea be reappointed to the School Board. Ms. Joanne Hamidullah, Past President, Central Council PTA, spoke in support of the reappointment of Ms. Marsha Ellison. She advised that Ms. Ellison puts the children first and through the years, she has demonstrated her commitment to all children through her support of the alternative education program at Noel C. Taylor Learning Academy, an increase in the number of pre school programs in the Roanoke City Public School system, decreasing the number of students in the individual classroom, and encouraging high expectations for all children. She stated that Ms. Ellison sees the need for and has encouraged more parental involvement in the schools. She asked that Council support Ms. Ellison in her bid for reappointment to the School Board. Mr. Dan Carson, 2006 Knollwood Road, S. W., spoke in support of the reappointment of Ms. Marsha Ellison. He advised that he has known Ms. Ellison for 13 years and appeared before Council on two previous occasions to encourage her appointment. He stated that Ms. Ellison held numerous positions as volunteer and leader in the City schools prior to becoming a member of the School Board, she is conscientious, with a wealth of experience, and she will understand and pursue the interests ora large and diverse student population in an increasingly demanding world. He advised that he shares Ms. Ellison's expectations for Roanoke City schools and pointed out that meaningful progress has been made during her term as a Trustee and as Chair of the School Board. He stated that she has advocated a cooperative relationship between schools and businesses in the community, an outgrowth of which is the establishment of the Blue Ridge Technological Academy which will open this fall in the Roanoke Higher Education Center. He referred to the working agreement formulated by the School Board when Ms. Ellison served as Chairwhich outlined how the Board could effectively operate as an organization. He advised that Ms. Ellison has proven herself as an effective and caring member of the School Board, steadfastly focusing on improving student achievement and the citizens of Roanoke are fortunate that she is willing to continue her service. He urged that Ms. Ellison be reappointed for another term on the Roanoke City School Board. Dr. Reginald Shareef, 3148 Circle Drive, S. W., spoke in support of the reappointment of Ms. Marsha Ellison, who is a person of intelligence, discipline, drive, character, ethics and morality. He advised that she has a profound interest in the Roanoke City Public 344 Schools and prior to her appointment to the School Board, she was involved in activities including tutoring, the school long range planning committee and President of the Central Council PTA. He stated that since joining the School Board, she has been an advocate for the joint use of school facilities with the community, which has led to programs that promote wellness and fitness for community members, classes for senior citizens and the opening of two school libraries during evening hours, which activities are indicative of her commitment to expand the concept back to public education for the 21st century. He advised that Ms. Ellison supports the Standards of Learning process, but has encouraged additional criteria in conjunction with the SOL's, she supports innovative programs to facilitate interventions for Iow achieving and truant students, increased teacher training, smaller class sizes and more pre school programs. He noted that Ms. Ellison has been instrumental in the School Board's attempts to bring teacher salaries above the national average, while simultaneously improving student achievement, and the pay and performance program should help to accomplish both of these goals. He advised that she is articulate, personable, highly motivated, and possesses the knowledge, commitment and energy to make meaningful contributions to the School Board. He strongly recommended the reappointment of Ms. Ellison to the Roanoke City School Board. Ms. Margaret Martin, 1609 Persinger Road, S. W., spoke in support of the reappointment of Ms. Marsha Ellison to the School Board. She advised that Ms. Ellison has been a community leader, President of the American Association of University Women, President of Raleigh Court Elementary School PTA, President of Roanoke Central Council PTA, and an active member of the PTA and Site Based Council at Woodrow Wilson Middle School and Patrick Henry High School, and she is a good behind-the-scenes worker whose main interest is the children. She explained that Ms. Ellison has served on the School Board for six years, including three years as Chair, and she has been an advocate for all children, she has visited each City school, she is a hands on School Board member and goes above and beyond the call of duty by not only visiting the schools, but attending special events, tutoring, and supporting team transportation sports in the various schools. She advised that Ms. Ellison has no hidden agenda, her agenda is to provide the best possible education for all of Roanoke's children. She requested that Council reappoint Ms. Ellison for another term to the Roanoke City School Board. Mr. Douglas Waters, 163 Zion Hill Road, Fincastle, Virginia, a former resident of the City of Roanoke and a parent of Roanoke City Public School graduates, spoke in support of the reappointment of 245 Mr. Webster Day. He advised that he has known Mr. Day in his capacity as a civic volunteer, as an attorney, and as a School Trustee and from all of these experiences, he is convinced that Mr. Day has the combination of qualities that make him a very strong candidate for reappointment to the School Board. He called attention to Mr. Day's excellent leadership skills and his genuine concern for education in terms of quality and equality for all students. He stated that his experience in public finance, the legal field, managing education and training programs for a diverse body of citizens who are served by the Fifth District Employment and Training Consortium, and other organizations where he serves as a volunteer leader make him a strong candidate for reappointment to the School Board. He advised that Council is in an enviable position of having an outstanding slate of candidates to select from, but for the reasons above stated, Mr. Day is an outstanding candidate for reappointment to the School Board. Mr. Wallace Allen, 3821 Harvest Lane, N. W., spoke in support of the appointment of Ms. Gloria Manns to the School Board. He advised that Ms. Manns has an appreciation for the Roanoke City Public School System from three perspectives: (1) a former student and graduate of the system, (2) a parent of two children who graduated from the system, and (3) a volunteer in various capacities in the school system, the PTA, and the Booster Club, all of which have given her an appreciation for the Roanoke City Public School system. He stated that Ms. Manns gives her time and talents to her community in order to make Roanoke City a better place to live, she is committed and caring to all tasks that are entrusted to her, she serves as a member of the City Manager's Community Relations Task Force, the Roanoke Public Library Board, the Widows Support Group, and the National Association of Social Workers, etc. He advised that Ms. Manns has an appreciation for the school system, she is benevolent, caring and committed and based on those facts, he recommended that she be appointed to the School Board. Mr. Jonathon Skeen, 2420 Tillett Road, N. W., spoke in support of the application of his father, Mr. William Skeen, for appointment to the School Board. He advised that he is a junior at Patrick Henry High School and his father has always been supportive of his advancement, concerned about his grades, extracurricular activities and sports participation which has helped him to excel in his academics and led to a 3.7 grade point average. He stated that his father leads by example by volunteering for any activity, whether it be coaching, soccer, baseball, a civic endeavor, orany project that needs his assistance. He 346 advised that his father has a "roll up your sleeves, get people involved" way of doing business and if he is appointed to serve on the School Board, he will work hard to do the very best job that he is capable of. Mr. Ben Skeen, 1938 Avon Road, S. W., spoke in support of the application of his father, Mr. William Skeen, for appointment to the School Board. He advised that he is an eighth grade student at Woodrow Wilson Middle School, and his father is always interested in knowing if he is happy, and, if not, what can be done to make things better. He stated that his father has helped him to understand the importance of getting a good education, treating people with respect, working together, listening closely to what others have to say, encouraging him to work toward his goals and achievements, and that giving up is never an option. He advised that if elected to the School Board, his father will work hard, listen carefully and work with others, while striving to do what is best for all of the students in the Roanoke City Public School System. Mr. Michael Urbanski, 2108 Mount Vernon Road, S. W., spoke in support of the application of Mr. Webster Day for reappointment to the School Board. He advised that the qualities of courage, judgment, integrity and dedication constitute the cornerstones of Mr. Day's character and are evident from his service and accomplishments during his first term on the School Board. He stated that Mr. Day brings the perspective of a parent of three children to the Roanoke City Schools, a youth coach, a businessman, a skilled attorney in financial transactions, and a civic leader and volunteer. He advised that there is no finer or more qualified individual to serve on the Roanoke City School Board than Mr. Day and strongly recommended that he be reappointed for a second term. Ms. Brenda McDaniel, 2037 Carter Road, S. W., spoke on behalf of the application of Mr. William Skeen. She advised that Roanoke is fortunate to have so many qualified candidates seeking appointment to the School Board and Council has a difficult decision to make. As a member of the Greater Raleigh Court Civic League, she stated that Mr. Skeen is a most dependable, reliable and effective participant who gives all projects his full attention, he is a father who takes an active role in the lives of his children, he is active in the Roanoke Neighborhood Partnership Steering Committee and would be an asset to any organization on which he serves. She requested Council's serious consideration of Mr. Skeen for appointment to the School Board. 247 Mr. Matthew Kennell, 2201 Hunter Road, S. W., spoke in support of the application of Mr. William Skeen for appointment and Mr. Webster Day for reappointment to the School Board. He advised that Mr. Skeen is the kind of person who can be called upon when one needs new ideas or a fresh approach. He called attention to Mr. Skeen's passion to make his community a better place to live and with that goal in mind, he accepted a position with Total Action Against Poverty so that he could better serve the people of the Roanoke Valley. He stated that Mr. Skeen is a caring community leader, a good husband and father and a model citizen; therefore, he requested that Council support the appointment of Mr. Skeen to the School Board. Ms. Annette Lewis, 4606 Casper Drive, N., E., spoke in support of the application of Mr. Sherman Lea, who is a man of vision and action, for reappointment to the School Board. She advised that when he discovered that more than 500 children drop out of schools each year in the Roanoke Valley, he brought the drop out crisis to the forefront. She stated that Mr. Lea deserves to be reappointed to the School Board because he is committed to keeping Roanoke's children in school so they too can play an active role in society. She urged Council's support of Mr. Lea for reappointment to the School Board. Dr. Elizabeth Lee, 4833 Westhill Drive, S. W., spoke in support of the application of Ms. Gloria Manns for appointment to the School Board. She advised that Ms. Manns is positive, professional, creative in problem solving, and never gives up on her crusade for children. She stated that Ms. Manns has no private agenda and seeks appointment to the School Board out of a desire to promote the welfare of Roanoke City School students, she will be equitable in caring about all children in the Roanoke City Schools, she is not afraid of hard work or long hours, she is not afraid of the demands of difficult decisions, she will uphold strong academic standards of learning, she understands the value of counseling, co-curricular development, student health issues, safety, special needs and concerns, budgeting, and she will do her utmost to be an informed advocate for the youth of Roanoke City. She asked that Council evaluate Ms. Manns credentials and review the evidence of her service to the community and find her worthy of a position on the School Board. She advised that as a Trustee of the School Board, she will be assertive in a plan that gives attention and support to preparing all students for success in meeting the Standards of Learning. For the above reasons, she requested that Ms. Manns be appointed to the Roanoke City School Board. 248 Mr. Donald Graham, 4832 Westhill Drive, S. W., spoke in support of the application of Mr. James Beatty, who started his career as a teacher, followed by a profession in public service, for appointment to the School Board. He advised that Mr. Beatty has worked with colleges and other learning institutions in developing students for public service opportunities, he has two sons who completed their education in the Roanoke City Public School System, his involvement through leadership and development has helped young people to attain scholarships, and he is a religious leader in the community. He stated that Council has a difficult task of selecting three persons from a good slate of candidates; however, someone of Mr. Beatty's credentials would be an outstanding addition to the School Board. He requested that Council give serious consideration to the appointment of Mr. Beatty to the Roanoke City School Board. Ms. Pauline Brown, P. O. Box 11782, spoke in support of the application of Mr. William Skeen. She advised that Mr. Skeen's leadership at Total Action Against Poverty and in the banking industry are assets to the Roanoke community and to the School Board. She stated that he is caring, responsible, driven and fair, a task master who can get the job done, and he is community-oriented and possesses strong values for personal growth and development. She advised that his professional and personal credentials are too extensive to list in full, although he has over 20 years of experience in banking and business management, his planning and organizational skills are impeccable, he possesses vision and the ability to set clear goals and to achieve results, and he is actively involved as a Board member in numerous community groups including the Greater Raleigh Court Civic League, the Roanoke Regional Housing Network and the Roanoke City Manager's Community Relations Task Force. She stated that aside from being a dedicated business professional, Mr. Skeen is a dedicated father, he understands the issues facing Roanoke's youth, and he is sensitive and sympathetic to educational issues and those issues facing the school system. She added that Mr. Skeen is able to manage responsibilities to family, work and to the community in an outstanding manner, he is a man of great integrity, and asked that Council consider him for appointment to the Roanoke City School Board. Ms. Helene Katz, 2509 Heritage Circle, S. W., spoke in support of the reappointment of Mr. Webster Day, who has a vested interest in the Roanoke City Schools and the educational process for all children, to the Roanoke City School Board. She stated that Mr. Day has lived and worked in the City of Roanoke for over 20 years, he has three children in the Roanoke City Public Schools, his professional expertise as an attorney has enabled him to make numerous contributions for the 249 benefit of Roanoke's school system, and he is a consensus builder in business and financial matters involving public funds. She advised that during the next three years, the School Board will be addressing many critical issues, including the renovation of Patrick Henry High School, efforts to implement the Virginia Standards of Learning testing program, while continuing to represent a cross section of the community, and the School Board will be best served by a composition of individuals who offer a diverse assortment of professional experience in their roles as School Board Trustees. She stated that Mr. Day has the ability to implement policy and decisions that will determine the positive direction of the School system in the new millennium. She urged Council to reappoint him for another term on the School Board. Mr. George Gunther, P. O. Box 12353, advised that after listening to all of the testimony, it is apparent that Council has an excellent slate of candidates to choose from, and suggested that more than three persons be appointed to the School Board. Without objection by Council, the Mayor advised that all remarks would be received and filed. He further advised that public interviews will be held on Tuesday, April 18, 2000, commencing at 4:30 p.m., in the City Council Chamber. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of RIA, LLC, that certain tracts of land located on the west side of Hollins Road, N. E., May Street and Pearl Avenue, identified as Official Tax Nos. 3140612, 3140613, 3140614, 3140615, 3140620, 3140621, 3140622, 3140623, 3140303, 3140305, 3140306 and 3140301, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, March 30 and Thursday, April 6, 2000, and in The Roanoke Tribune on Thursday, April 6, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request for rezoning, advising that current zoning would change to LM, Light Manufacturing District; land use of the 250 rezoned property can be light industrial uses as provided for in the LM district; at present, current zoning is restricted to heavy industrial uses, which may be more objectionable to surrounding uses; the neighborhood is separated from the subject properties by other properties zoned for manufacturing use; and the comprehensive plan would be followed, was before Council. (For full text, see report on file in the City Clerk's Office.) Michael K. Smeltzer, Attorney, appeared before Council in support of the request of his client. ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (#34765) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314, 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 1.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34765 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout 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, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of James J. Walker that two adjoining tracts of land located at 1031 Patterson Avenue, S. W., identified as Official Tax Nos. 1112009 and 1112010, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. 251 ACTION: Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, March 30 and Thursday, April 6, 2000, and in The Roanoke Tribune on Thursday, April 6, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the properties are requested to be rezoned to provide for future use as a church or place or worship, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, subject to certain conditions proffered by the petitioner. (For full text, see report on file in the City Clerk's Office.) Sam Garrison, Attorney, appeared before Council in support of the request. Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34766) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, 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 3.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34766 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) OTHER HEARING OF CITIZENS: 252 ACTION: COMPLAINTS-SEWERS AND STORM DRAINS-PUBLIC WORKS: Mr. Douglas Trout, 752 Orange Avenue, N. E., addressed Council with regard to the over population of midges and odor in the vicinity of the Sewage Treatment Plant. He also referred to an unfavorable situation on Brownlee Avenue, S. E., as a result of swamp-like conditions in the area. It was the consensus of Council to refer the complaint to the City Manager for response. POLICE DEPARTMENT-PAY PLAN-HOUSING/AUTHORITY-CITY EMPLOYEES: Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with regard to utilization of the City's current workforce to serve as leaders in the community, creation of more jobs for inner City residents, crime control in the inner City, and increased housing in the inner City. He expressed appreciation to the City Manager, on behalf of City employees, with regard to her recommendation on a proposed pay increase for fiscal year 2000-01. CITY MANAGER: Mr. Hudson offered the following resolution confirming the City Manager's appointment of James D. Ritchie, Sr., as Deputy City Manager, Kit B. Kiser as Assistant City Manager for Operations, and George C. Snead, Jr., as Assistant City Manager for Community Development, effective April 17, 2000: (#34767-041700) A RESOLUTION confirming the City Manager's appointments to Assistant City Manager and Deputy City Manager positions. (For full text of Resolution, see Resolution Book No. 62, page 592.) Mr. Hudson moved the adoption of Resolution No. 34767-041700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) 253 There being no further business, the Mayor declared the meeting adjourned at 10:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #15-110-236 Ms. Evelyn S. Lander, Director Department of Planning and Code Enforcement Roanoke, Virginia Dear Ms. Lander: Your communication tendering your resignation as a member of the Metropolitan Planning Organization of the Roanoke Valley-Allegheny Regional Commission, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. On motion, duly seconded and unanimously adopted, your resignation was accepted and the communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley-Allegheny Regional Commission from April 5, 1999 to September 1, 2000. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valleywhich was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP/vbc Enclosures Ms. Evelyn S. Lander September 20, 2000 Page 2 pc: Temple L. Kessinger, Jr., Chairperson, Metropolitan Planning Organization of the Roanoke Valley-Allegheny Regional Commission, 1521 South Franklin Avenue, Covington, Virginia 24426 Wayne G. Strickland, Secretary, Metropolitan Planning Organization of the Roanoke Valley-Allegheny Regional Commission, 315 Church Avenue, S. W., Roanoke, Virginia 24016 Stephanie M. Moon, Deputy City Clerk ?)?-5 73:a2 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: planning@ci.roanoke,va,us September 1, 2000 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch Honorable C. Nelson Harris Honorable W. Alvin Hudson, Jr. Honorable William White, Sr. Honorable Linda F. Wyatt Dear Members of Council: S ubj e ct: Metropolitan Planning Organization Please accept this letter as my resignation from the Metropolitan Planning Organization (MPO) of the Roanoke Valley-Alleghany Regional Commission. I appreciate the opportunity provided to me in serving on this regional transportation planning board. Please let me know if I can assist future city representatives in long term transportation planning. Respectfully submitted, Evelyn S. Lander, AICP, Director Planning and Code Enforcement Mary F. Parker, City Clerk Darlene L. Burcham, City Manager CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #15-110-318 Glenn D. Radcliffe, Chairperson Human Services Committee Roanoke, Virginia 24018 Dear Mr. Radcliffe: This is to advise you that Evelyn F. Board has qualified as a member of the Human Services Committee for a term ending June 30, 2001. Mary F. Parker, CMC City Clerk MFP:vbc pc: Teresa I. McDaniel, Secretary, Human Services Committee Stephanie M. Moon, Deputy City Clerk Oath Affi matio of Offi¢ Commonwealth of Virginia, City of Roanoke, to-wit: I, Evelyn F. Board, 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 Human Services Committee for a term of one year beginning July 1, 2000, and ending June ;~0, 2001, according to the best of my ability. (So help me God.) / Subscribed and sworn to before me this ,,~O day of ,~000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:\CKLO BAGENDA99\june 19.vcpd CITY OF ROANOKE INTERDEPARTMENTAL COMMI/NICA~O~' 11 P2,0D TO: FROM: SUBJECT: DATE: Mary F. Parker, City Clerk Donald S. Caldwell, Commonwealth's Attorney Cost Collection Unit September 11, 2000 Please reserve approximately ten minutes at the September 18, 2000 Council meeting, for a short presentation of the Cost Collection Department's results for the 1999-2000 Fiscal Year. Please confirm the time and place of that meeting with Beverly at 853-2626, or Rita at 853-1533. Thank you for your assistance. CITY OF ROANOKE COST COLLECTIONS UNIT Fiscal Year 1999 - 2000 Page: INDEX I - Summary of Cost Collection Effort for Fiscal Year 1999-2000 2 - Six-Year Comparison of Cost Collection Effort 3 - Chart: Six-Year Comparison of Cost Collection Results for Roanoke City 4 - Six-Year Comparison of General District Court Delinquent Collections 5 - Chart: General District Court 6-Year Comparison 6 - Five-Year Comparison of Circuit Court Delinquent Collections 7 - Chad: Circuit Court 5-Year Comparison 8 - Four-Year Comparison of Juvenile & Domestic Court Delinquent Collections 9 - Chart: Juvenile & Domestic Court 4-Year Comparison SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 1999 - 2000 Total Delinquent Referred Total Delinquent Collections State % of Total Delinquent Collection Local % of Total Delin~{uent Collection 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT $0150 WITH STATE GENERAL JUVENILE DISTRICT CIRCUIT & DOMESTIC COURT COURT COURT $354,893.66 $380,567.31 $53,779.04 365,366.18 139,585.91 18,774.83 102.95% 36.68% 34.91% 300,839.40 119,023.89 17,156.53 82.34% 85.27% 91.38% 64,526.78 20,562.02 1,618.30 17.66% 14.73% 8.62% COLLECTION FEE BREAKDOWN 103,210.63 41,057.38 5,991.90 22,137.56 7,092.89 565.19 125,348.19 48,150.27 6,557.09 39,551.99 15,193.19 2,069.00 85,796.20 32,957.08 4,488.09 42,898.10 16,478.54 2,244.04 TOTALS FOR ALL $789,240.01 523,726.92 66.36% 437,019.82 83.44% 86,707.10 16.56% LOCAL YEAR-END RESULTS FOR LOCAL DELINQUENT COLLECTION MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY 64,526.78 20,562.02 22,137.56 7,092.89 42,389.22 13,469.13 42,898.10 16,478.54 $85,287.32 $29,947.67 ADDITIONAL INCOME TO CITY ($118,532.15 - 86,707.10) ROANOKE CITY 1,618.30 565.19 1,053.11 2,244.04 $3,297.15 The ACTUAL COST OF COLLECTION is the Budget Expenditures of $56,814.19 which results in a Collection Cost Percentage of - 29 10.85% Page 1 SIX-YEAR COMPARISON OF COST COLLECTION EFFORT Total Delinquent Referred Total Delinquent Collections State Delinquent Collections % of Total Delinquent Collections Local Delinquent Collections % of Total Delinquent Collections FY FY FY FY FY FY 1994-95' 1996-96'* 1996-97'** 1997.98 1998-99 1999-00 799,487.54 831,279.65 883,282.61 945,642.44 878,853.44 789,240.01 217,228.50 316,338.49 444,289.65 485,486.61 489,761.64 523,726.92 27.17% 38.05% 50.30% 51.34% 55.73% 66.36% 164,951.91 252,046.97 361,096.29 405,211.82 408,912.46 437,019.82 75.93% 79.68% 81.27% 83.47% 83.49% 83.44% 52,276.59 64,291.52 83,193.36 80,274.79 80,849.18 86,707.10 24.07% 20.32% 18.73% 16.53% 16.51% 16.56% COLLECTION FEE BREAKDOWN 35% from State 53,256.99 87,577.04 120,769.37 130,086.25 139,438.09 150,259.92 35% from City 17.149.33 21.999.95 26.865.82 25.860.93 27.565.14 29.795.63 35% to Cost Collections from 70,406.32 109,576.99 147,635.19 155,947.18 167,003.23 180,055.55 Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT50/50WITH STATE 51.291.86 61.444.48 60.366.80 59.832.84 64.446.46 56.814.19 19,114.46 48,132.51 87,268.39 96,114.34 102,556.77 123,241.36 9,557.23 24,066.26 43,634.20 48,057.17 51,278.39 61,620.68 LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY ADDITIONALINCOME/LOSS TO CITY YEAR-END RESULTS FOR ROANOKE CITY 52,276.59 64,291.52 83,193.36 80,274.79 80,849.18 86,707.10 17.149.33 21.999.95 26,865.82 25,860.93 27,565.14 29,795.63 35,127.26 42,291.57 56,327.54 54,413.86 53,284.04 56,911.47 9,557.23 24.066.26 43.634.20 48.057.17 51.278.39 61,620.68 44,684.49 66,357.83 99,961.74 102,471.03 104,562.43 t18,532.15 ($7,592.10) $2,066.30 $16,768.38 $22,196.24 $23,713.25 $31,825.05 (14.52%) 3.21% 20.16% 27.65% 29.33% 36.70% *Fiscal Year 1994-95 includes General District Court Only (Program began 10/94). **Fiscal Year 1995-96 includes Circuit Court beginning 01/01/96. .... Fiscal Year 1996-97 includes Juvenile & Domestic Court beginning 01/01/97. Page 2 148 120 [SIX-YEAR COMPARISON OF COST COLLECTION RESULTS FOR ROANOKE CITYI ~ GROSS DELINQUENTCOLLECTIONS · COLLECTION FEE ~ NET DELINQUENT COLLECTIONS o SPLITOF EXCESS REVENUE · TOTAL REVENUE TO LOCALITY FISCAL YEAR 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 $52,276.59 $64,291.52 $83,193.36 $80,274.79 $80,849.18 $86,707.10 17.149.33 21.999.95 26.865.82 25.860.93 27.565.14 29.795.63 35,127.26 42,291.57 56,327.54 54,413.86 53,284.04 56,911.47 9.557.23 24.066.26 43.634.20 48.057.1~ 51.278.39 61.620.68 $44,684.49 $66,357.83 $99,961.74 $102,471.03 $104,562.43 $118,532.15 GROSS DELINQUENT COLLECTIONS MINUS COLLECTION FEE NET DELINQUENT COLLECTIONS PLUS SPLIT OF EXCESS REVENUE TOTAL REVENUE TO LOCALITY SIX-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Referred Total Delinquent Collections State Delinquent Collections % of Total Delinquent Collection Local Delinquent Collections % of Total Delinquent Collection FY FY FY FY FY FY 1994-9~; 1995-96 1996-97' 1997-9~ 1998-9~ 1999-00 799,487.54 684,618.94 571,370.84 541,863.22 484,534.32 354,893.66 217,228.50 284,443.23 348,834.83 362,986.43 346,101.30 365,366.18 27.17% 41.55% 61.05% 66.99% 71.43% 102.95% 164,951.91 225,674.44 280,208.52 300,115.46 285,467.18 300,839.40 75.93% 79.34% 80.33% 82.68% 82.48% 82.34% 52,276.59 58,768.79 68,626.31 62,870.97 60,634.12 64,526.78 24.07% 20.66% 19.67% 17.32% 17.52% 17.66% COLLECTION FEE BREAKDOWN 35% from State 53,462.86 78,899.04 95,435.24 97,920.46 97,416.29 103,210.63 35% from City 16.943.46 20.546.42 23.373.19 20.513.29 20.691.53 22,137.56 35% to Cost Collections from 70,406.32 99,445.46 118,808.43 118,433.75 118,107.82 125,348.19 Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE 51,291.86 55,760.87 48.579.78 ~39.92 45,577.75 39.551.99 19,114.46 43,684.59 70,228.65 72,993.83 72,530.07 85,796.20 9,557.23 21,842.30 35,114.33 36,496.92 36,265.04 42,898.10 LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY YEAR-END RESULTS FOR ROANOKE CITY 52,276.59 58,768.79 68,626.31 62,870.97 60,634.12 64,526.78 16.943.46 20.546.42 23,373.19 20.513.29 20.691.53 22,137.56 35,333.13 38,222.37 45,253.12 42,357.68 39,942.59 42,389.22 9.557.23 21,842.30 35,114.33 36.496.92 36.265.04 42.898.10 44,890.36 60,064.67 80,367.44 78,854.60 76,207.63 85,287.32 Page 4 General District Court 6-Year Comparison State and Local Fines & Costa Total Paid Total Timely Payments Total Referred Total Collected 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2,290,398 2,714,449 2,610,296 2,606,864 2,222,953 2,259,586 2,073,169 2,430,006 2,261,461 2,243,877 1,876,852 1,894,220 799,488 684,619 571,371 541,863 454,534 354,894 217,229 284,443 348,835 362,986 346,101 365,366 27.17% 41.55% 61.05% 66.99% 71.43% 102.95% Total Paid Total Timely Payments Total Referred Total Collected % Collected FIVE-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT Total Delinquent Referred Total Delinquent Collections State Delinquent Collections % of Total Delinquent Collections Local Delinquent Collections % of Total Delinquent Collections FY FY FY FY FY 1995-96' 1996-97 1997-~18 1998-99 1999-00 146,660.71 290,492.55 371,431.06 347,258.70 380,567.31 31,895.26 86,960.43 105,025.51 128,386.99 139,585.91 21.75% 29.94% 28.28% 36.97% 36.68% 26,372.53 73,067.14 89,384.73 109,275.46 119,023.89 82.68% 84.02% 85.11% 85.11% 85.27% 5,522.73 13,893.29 15,640.78 19,111.53 20,562.02 17.32% 15.98% 14.89% 14.89% 14.73% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections COLLECTION FEE BREAKDOWN 8,377.23 22,380.94 27,692.13 37,118.29 41,057.38 1.754.30 4.255.61 4.845.64 6,491.73 7.092.89 10,131.53 26,636.55 32,537.77 43,610.02 48,150.27 BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE 5,683.61 10,891.46 12,483.89 16,829.08 15,193.19 4,447.92 15,745.09 20,053.88 26,780.94 32,957.08 2,223.96 7,872.55 10,026.94 13,390.47 16,478.54 LOCAL YEAR-END LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 5,522.73 13,893.29 15,640.78 19,111.53 1,754.30 4,255.61 4,845.64 6,491.73 3,768.43 9,637.68 10,795.14 12,619.80 2,223.96 7,872.55 10,026.94 13,390.47 5,992.39 17,510.23 20,822.08 26,010.27 *Fiscal Year 1995-96 began 01/01/96 (Figures include only a 6-month period). 20,562.02 7,092.89 13,469.13 16,478.54 29,947.67 Page 6 Circuit Court 5-Year Comparison State and Local Fines & Costs Total Paid Total Timely Payments Total Referred Total Collected 1995-96 1996-97 1997-98 1998-99 1999-00 513,313 629,621 719,054 753,999 734,237 481,418 542,661 614,028 625,612 594,652 146,661 290,493 371,431 347,259 380,567 31,895 86,960 105,026 128,387 139,586 21.75% 29.94% 28.28% 36.97% 36.68% Total Paid Total Timely Payments Total Referred Total Collected % Collected FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY JUVENILE & DOMESTIC COURT Total Delinquent Referred Total Delinquent Collections State Delinquent Collections % of Total Delinquent Collections Local Delinquent Collections % of Total Delinquent Collections FY FY FY FY 1996-97' 1997-98 1998-99 1999-00 21,419.22 32,348.16 47,060.42 53,779.04 8,494.38 17,474.67 15,273.35 18,774.83 39.66% 54.02% 32.45% 34.91% 7,820.63 15,711.63 14,169.82 17,156.53 92.07% 89.91% 92.77% 91.38% 673.75 1,763.04 1,103.53 1,618.30 7.93% 10.09% 7.23% 8.62% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50~50 WITH STATE COLLECTION FEE BREAKDOWN 2,016.50 4,473.66 4,903.51 5,991.90 173.72 502.00 381.88 565.19 2,190.22 4,975.66 5,285.39 6,557.09 895.56 1,909.03 2,039.63 2,069.00 1,294.66 3,066.63 3,245.76 4,488.09 647.33 1,533.32 1,622.88 2,244.05 LOCAL YEAR-END LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT WITH STATE TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 673.75 1,763.04 1,103.53 1,618.30 173.72 502.00 381.88 565.19 500.03 1,261.04 721.65 1,053.11 647.33 1,533.32 1,622.88 2,244.05 1,147.36 2,794.35 2,344.53 3,297.16 *Fiscal Year 1996-97 began 01/01/97 (Figures include only a 6-month period). Page 8 lOO Juvenile & Domestic RelatiOnSstate and LocaIDistrictF~n~. & co,taC°urt 4-Year Comparison Total Paid Total Timely Payments Total Referred Total Collected 1996-97 1997-98 1998-99 1999-00 71,017 84,807 72,121 78,169 62,523 67,332 56,848 59,394 21,419 32,348 47,060 53,779 8,494 17,475 15,273 18,775 39.66% 54.02% 32.45% 34.91% Total Paid Total Timely Payments Total Referred Total Collected % Collected MARY F. PARKER, CMC cit~ Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk@ci.roanokc.va, us STEPHANIE M. MOON Deputy City Clerk September 20, 2000 File #11-132-228 The Honorable Bob Knight, President National League of Cities 1300 Pennsylvania Avenue, N. W. Washington, D.C. 20004 Dear Mayor Knight: I am enclosing copy of Resolution No. 35056-091800 lending the support of the City of Roanoke to the National League of Cities Campaign to Promote Racial Justice which was launched on September 20, 2000, in Washington, D.C. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Mayor Ralph K. Smith presided over a ceremony on Wednesday, September 20 at 12:00 noOn at which time a ceremonial copy of the above referenced resolution was presented to the City of Roanoke Community Relations Task Force. Mary F. Parker, CMC City Clerk MFP:vbc Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35056-091800. A RESOLUTION lending the City's support to the National League of Cities Campaign to Promote Racial Justice which will be launched on September 20, 2000, in Washington, D. C. WHEREAS, by Act of the Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person's color, race, national origin, religion, or sex; WHEREAS, by Act of the Congress of the United States dated December 6, 1865, the 13th Amendment of the Constitution of the United States was adopted abolishing slavery; WHEREAS, by Act of the Congress of the United States dated July 9, 1868, the 14th Amendment of the Constitution of the United States was adopted giving all persons born or naturalized in the United States the right to due process and equal protection under the law; WHEREAS, the National League of Cities will hold a rally to proclaim National Undoing Racism Day at Freedom Plaza in Washington, D.C., at 12:00 noon on September 20, 2000; and National Undoing Racism Day launches the Campaign to Promote Racial Justice, a major initiative in which citizens and city leaders in more than 200 cities all over America will add their voices in support of efforts to eliminate racism and advance racial justice in our nation's communities; WHEREAS, the City of Roanoke celebrates its past accomplishments and praises its past leaders such as the Rev. Noel C. Taylor and the Rev. Charles G. Fuller, who, as examples to us all, labored together to promote the cause of racial equality; and WHEREAS, we reflect on the progress that our fine city has made, but we are aware of issues of racism and problems that many minorities are still subjected to in their daily lives and we recommit ourselves to the road yet traveled to make this land one nation under God, indivisible, with liberty and justice for all. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City of Roanoke supports the National League of Cities' Campaign to Promote Racial Justice. THEREFORE, BE IT FURTHER RESOLVED that the City of Roanoke will present this resolution to the City's Community Relations Task Force on September 20, 2000, at 12:00 noon in Lee Plaza, under the shadow of the appropriately named Noel C. Taylor Municipal Building. By this act, we reaffirm our commitment to eliminating all forms of racism in our City and we celebrate the progress the citizens of Roanoke have already made in promoting positive relationships among people of different racial and ethnic backgrounds. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward an attested copy of this resolution to the Honorable Bob Knight, President, National League of Cities. ATTEST: City Clerk. CITY OF ROANOKE t ~'~,~ 2'} CITY COUNCIL ~~1 215 Church Avenue, S.W., Room 456 ,~~,5,/ Roanoke, Virginia 24011-1536 "~/~¢-'--~¢~/ Telephone: (540) 853-2541 ~LPH K. SMITH F~: (540) 853-1145 Mayor September 11, 2000 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I read, with a great deal of interest, the article contained in the September 4 edition of Nation's Cities Weekly indicating that citizens and City leaders all over America are encouraged to add their voices to local efforts taking place around the country and in Washington, D.C., on September 20 as part of a demonstration led by the National League of Cities to rally against racism. National Undoing Racism Day launches the Campaign to Promote Racial Justice, a major initiative in conjunction with more than 200 cities to eliminate racism and to advance racial justice in our nation's communities. The effort, led by NLC President, Bob Knight, who is also Mayor of Wichita, Kansas, is aimed at raising awareness about issues of racism and the problems that many minorities are still subjected to in their daily lives, and at the same time drawing attention to local efforts to do away with racism. Therefore, I am proposing, with the concurrence of Council, that the City of Roanoke adopt a resolution lending our support to the "National Undoing Racism Day Rally" that will be held at Freedom Plaza, 1301 Pennsylvania Avenue, and is located just three blocks from the White House. NLC President Knight, City officials and leaders of other organizations who support the NLC's campaign will participate in the Washington event at 12:00 noon on September 20. Sincerely, W. D. "Bill" Bestpitch Council Member WDB:mp CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #60-103-214-236-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35057-091800 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, in connection with acceptance of grant funds in the amount of $43,965.00 from the Compensation Board Technology Trust Fund, to be used for upgrades to current recordation equipment. The abovereferbnced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court Darlene L. Burcham, City Manager Joseph D. SIone, Director, Department of Technology Barry L. Key, Director, Department of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35057-091800. 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: Am3ropriations Judicial Administration $ 889,840 Compensation Board Technology Trust Funds (1) .............. 43,965 Revenues Judicial Administration Compensation Board Technology Trust Funds (2) .............. 1) Furniture and Equipment > $5,000 2) State Grant Receipts (035-120-5141-9005) $ 43,965 (035-120-5141-5141) 43,965 $ 889,840 43,965 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 September 18, 2000 Honorable Ralph K. Smith, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Acceptance of Compensation Board Technology Trust Funds Background: The Clerk of Circuit Court is responsible, by statute, for the recordation of legal instruments. These instruments include: Land records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate records, and Law, Chancery and Criminal Orders. These records must be maintained and be available to the public. The Optical Character Recognition System, also known as the Records Management Indexing/Scanning System, currently being used to record the above-mentioned records can no longer facilitate the volume of records being scanned. There is a need for additional, compatible equipment that will allow several operators to perform like tasks simultaneously. This equipment is available through the Supreme Court of Virginia at a cost of $43,965.00. Funding in the amount of 43,965.00 is available from the Compensation Board of Virginia- Technology Trust Fund. Considerations: The Clerk of Circuit Court has been granted $43,965.00 from the Compensation Board of Virginia-Technology Trust Fund for upgrades to the current recordation equipment. This grant does not require a local match. Honorable Mayor and Members of City Council September 18, 2000 Page 2 Recommended Action: Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board-Technology Trust Fund. Authorize the Director of Finance to establish a revenue estimate in the amount of $43,965.00 in the Grant Fund and appropriate funding to the expenditure account listed below: 9005 Furniture and Equipment (>$5,000) $43,965.00 Respectfully submitted, . Arthur B. Crush, III Clerk of Circuit Court cc: James D. Gdsso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #60-103-214-236-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35058-091800 authorizing acceptance of funding from the Compensation Board of the COmmonwealth of Virginia, in the amount of $43,965.00, for upgrades to current recordation equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court James D. Grisso, Director of Finance Joseph D. Slone, Director, Department of Technology Barry L. Key, Director, Department of Management and Budget IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35058-091800. A RESOLUTION authorizing the acceptance of funding from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for technology upgrades for the Clerk of Circuit Court in the total amount of $43,965 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 2000 through June 30, 2001. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all documents required to obtain such funding. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. ATTEST City Clerk Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Acceptance of Compensation Board Technology Trust Funds (Council Report No. 00-606) I concur with the recommendation from Arthur B. Crush, III, Clerk of Circuit Court for the City of Roanoke, with respect to the subject referenced above and recommend that City Council accept the funding from the Compensation Board Technology Trust Fund. Respectfully submitted, City Manager C~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 35059-091800 amending and reordaining certain sections of the 2000-2001 General and SChool Fund Appropriations, in connection with appropriation of funds to various school accounts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Melinda J. Payne, Chairperson, Roanoke City School Board Dr. E. Wayne Hards, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35059-091800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and School 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 and School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 64,282,121 Transfers to Other Funds (1) .................................. 64,042,169 Fund Balance Reserved for CMERP - Schools (2) ............................. $ 1,508,691 School Fund Appropriations Education $135,020,863 General Support (3) ......................................... 4,143,408 Facilities (4-8) ............................................. 1,337,332 CSRD Grant - Fallon Park School 2000-2001 (9-14) ............... 50,000 CSRD Grant - Lincoln Terrace School 2000-2001 (15-21) ........... 50,000 CSRD Grant - Roanoke Academy for Math and Science 2000-2001 (22-28) ........................................ 50,000 Revenues Education Nonoperating (29) .......................................... CSRD Grant - Fallon Park School 2000-01 (30) ................... CSRD Grant - Lincoln Terrace School 2000-01 (31) ............... CSRD Grant - Roanoke Academy for Math and Science 2000-01 (32) ............................................ $ 133,454,180 44,720,432 50,000 50,000 50,000 Fund Balance Reserved for CMERP - Schools (33) ........................... $ Reserved for Health Insurance (34) ............................ 184,252 0 1 ) Transfer to School Fund (001-250-9310-9530) $ 50,000 2) Reserved for CMERP - Schools (001-3324) (50,000) 3) Health Insurance (030-060-6002-6666-0204) 314,569 4) Books and Subscriptions (030-060-6006-6100-0613) 106,690 5) Replacements - Data Processing Equipment (030-060-6006-6302-0806) 2,498 6) Replacements - Machinery and Equipment (030-060-6006-6318-0801 ) 25,760 7) Additions - Machinery and Equipment (030-060-6006-6681-0821 ) 1,213 8) Buildings (030-060-6006-6896-0851) 241,235 9) Supplements (030-060-6182-6000-0129) 23,225 10) Social Security (030-060-6182-6000-0201) 1,775 11) Testing/Evaluation/ Dissemination (030-060-6182-6000-0584) 2,000 12) Other Miscellaneous Payments (030-060-6182-6000-0586) 10,000 13) Office Supplies (030-060-6182-6000-0601) 10,000 14) Additions - Machinery and Equipment (030-060-6182-6000-0821 ) 3,000 15) Compensation of Substitute Teachers (030-060-6183-6000-0021 ) 1,500 16) Compensation of Teachers (030-060-6183-6000-0121) 16,000 17) Supplements (030-060-6183-6000-0129) 1,008 18) Social Security (030-060-6183-6000-0201 ) 1,492 19) Mileage (030-060-6183-6000-0551 ) 3,500 20) Parent Involvement (030-060-6183-6000-0585) 1,500 21) Other Miscellaneous Payments 22) Compensation of Substitute Teachers 23) Compensation of Teachers 24) Supplements 25) Social Security 26) Mileage 27) Parent Involvement 28) Other Miscellaneous Payments 29) Transfer from General Fund 30) Federal Grant Receipts 31) Federal Grant Receipts 32) Federal Grant Receipts 33) Reserved for CMERP 34) Reserved for Health Insurance (030-060-6183-6000-0586) $ 25,000 (030-060-6184-6000-0021 ) 1,500 (030-060-6184-6000-0121 ) 16,000 (030-060-6184-6000-0129) 2,000 (030-060-6184-6000-0201 ) 1,472 (030-060-6184-6000-0551 ) 3,500 (030-060-6184-6000-0585) 528 (030-060-6184-6000-0586) (030-060-6000-1037) (030-060-6182-1102) (030-060-6183-1102) (030-060-6184-1102) (030-3323) 25,000 50,000 50,000 50,000 50,000 (327,396) (030-3355) (314,569) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. il Melinda J. Payne, Chairman Marsha W. Ellison , Sherman P. Lea, Vice Chairman Gloria P. Manns Charles W. Day Ruth C. Willson /..Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 September 13, 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 September 12 meeting voted to request the Roanoke City Council to appropriate the following funds' $50,000.00 from the balance of prior year Capital Maintenance and Equipment Replacement Funds for the installation of a handicap elevator at Patrick Henry High School. $327,396.00 from 2000-01 Capital Maintenance and Equipment Replacement Funds to fund new textbook adoptions, administrative and instructional technology requests, facility maintenance requirements, and facility improvements at several schools. $314,569.00 in proceeds from the sale of Trigon Stock which will be utilized for the purpose of reducing the School Board employee premium obligation for fiscal year 2000-0:[. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Fallon Park School. The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Lincoln Terrace School. The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. Preparing Students for Success Members of Council Page 2 September 13, 2000 $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Roanoke Academy for Mathematics and Science. The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. 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 Mri 3ames D. Grisso Mrs. Ann H. Shawver (with accounting details) JAMES D. GRISSO Director of Finance September 18, 2000 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 '00 ?!!714 P1:25 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: $50,000.00 from the balance of prior year Capital Maintenance and Equipment Replacement Funds for the installation of a handicap elevator at Patrick Henry High School. $327,396.00 from 2000-01 Capital Maintenance and Equipment Replacement Funds to fund new textbook adoptions, administrative and instructional technology requests, facility maintenance requirements, and facility improvements at several schools. $314,569.00 in proceeds from the sale of Trigon Stock which will be utilized for the purpose of reducing the School Board employee premium obligation for fiscal year 2000-01. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Fallon Park School. The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Lincoln Terrace School. Members of Council October 18, 2000 Page 2 The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of a successful intervention program at Roanoke Academy for Mathematics and Science. The program will implement a basic skills program which includes staff development and remedial skills instruction. The continuing program is one hundred percent reimbursed by federal funds. We recommend that you concur with this request of the School Board. JDG/HRH/pac C; Darlene L. Burcham, City Manager William Hackworth, City Attorney Mary Parker, City Clerk E. Wayne Harris, Superintendent of City Schools 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) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Cl~k September 20, 2000 File #53-467 Melinda J. Payne, Chairperson Roanoke City School Board Roanoke, Virginia Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Payne and Ms. Burcham: I am enclosing copy of Resolution No. 35060-091800 authorizing the School Board of the City of Roanoke to rehabilitate the present school building at the Roanoke Academy for' Mathematics and Science; and authorizing and directing the City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's General Obligation Qualified Zone Academy Bonds, in an amount not to exceed $1,291,618.00, for renovations at the Roanoke Academy for Mathematics and Science. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure pc: George J. A. Clemo, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125 Roanoke, Virginia 24038-4125 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35060-091800. A RESOLUTION (i) authorizing the School Board for the City of Roanoke to rehabilitate the present school building at the Roanoke Academy for Mathematics and Science; and (ii) authorizing and directing the City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds in an amount not to exceed $1,291,618 to finance certain renovations to the Roanoke Academy for Mathematics and Science. WHEREAS, the School Board (the "School Board") for the City of Roanoke (the "City") has determined that it is necessary to rehabilitate the Roanoke Academy for Mathematics and Science ("Roanoke Academy"); and WHEREAS, in order to finance the above-referenced project, the City of Roanoke, Virgima reasonably expects to issue debt obligations; and WHEREAS, the City intends to issue a portion of the debt obligations for the project as "qualified zone academy bonds" within the meaning of Section 1397E of the Internal Revenue Code. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board is authorized to rehabilitate the present school building at Roanoke Academy (the "Project"). 2. The City Manager or an Assistant City Manager is hereby authorized and directed to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,291,618 (the "QZA Bonds") to finance a portion of the cost of the Project. 3. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of hearing in connection with the proposed QZA Bonds to be held on October 16, 2000. The foregoing resolution was adopted by the following recorded vote: AYE NAY Ralph K. Smith, Mayor William H. Carder, Vice-Mayor William D. Bestpitch C. Nelson Hams W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt Attest: City Clerk  'JJ~l Melinda J. Payne, Chairman Sherman P. Lea, Vice Chairman ° Charles W. Day //.Roanoke City School Board Marsha W. Ellison Gloria P. Manns Ruth C. Willson Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 ~ September 13, 2000 t The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 240:[1 Dear Members of Council: The School Board at its September :[2 meeting approved the enclosed Resolution to request Roanoke City Council to issue General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $:[,29:[,6:[8. The funds will be used to renovate Roanoke Academy for Mathematics and Science, including installation of air conditioning, replacement of windows, modernization of restrooms, upgrading of floor, wall and ceiling finishes, and replacing lighting and utilities. The QZAB initiative is a federal program that allows lending institutions and schools to form a mutually beneficial partnership to support education. The program offers bonds interest-free and allows a bank or other lending institution to purchase the special no-interest bond on behalf of a school. Schools qualify based on their percentage of free lunch students. The School Board thanks you for your continuing support of our students and programs. Sincerely, Cindy H. Lee, Clerk re Enc. CC' Ms. Melinda ,1. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William X Parsons Mr..lames D. Grisso " Preparing Students for Success "~i~ Melinda J. Payne, Chairman Sherman P. Lea, Vice Chairman Charles W. Day //Roanoke City School Board P.O. Box 13145, Ronnoke, Virginia 2403] Marsha W. Ellison Gloria P. Manns Ruth C. Willson Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · 540-853-2381 · Fax: 540-853-2951 September 12, 2000 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (i) approves certain expenditures to rehabilitate the Roanoke Academy for Mathematics and Science, including without limitation installation of air conditioning, replacement of windows, modernization of restrooms, upgrading of floor, wall and ceiling finishes and replacement of lighting and utilities, at an estimated cost not to exceed $7,500,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Department of Education seeking an allocation of authority to issue general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,291,618, (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation qualified zone academy bonds in an aggregate principal amount not to exceed $1,291,618, (the "QZA Bonds") for the purpose of financing a portion of the cost of the Project, and (iv) approves the issuance of the QZA Bonds by the City. 2) This resolution shall take effect immediately by the following recorded vote' Melinda .1. Payne, Chairman Sherman P. Lea, Vice-Chairman Charles W. Day Marsha W. Ellison Gloria P. Manns Ruth C. Willson Brian ]. Wishneff Yea Nay Preparing Students for Success The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 12th day of September, 2000. W]:TNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this __ day of ,2000. (SEAL) Clerk, School Board of City of Roanoke, Virginia GEORGEJ. A. CLEMO 540 983-7728 INTERNET:Ctemo~woodsrogcm.com WOODS, R RS & HAZI .EGROVE [ Attorneys at Law ,,~:~- 14 O 2:45 September 14, 2000 HAND DELIVERED Mary F. Parker, CMC/AAE City Clerk 215 Church Avenue, S.W. Room 456 Roanoke, VA 24011 In Re: Affidavit of Publication Dear Ms. Parker: I enclose for your information a copy of the Affidavit of Publication of the Notice of Public Hearing for the three school bond financings, which will be held at City Council's meeting on September 18, 2000. Please call if there are any questions. Best regards. Encl. CC: Sincerely, . ~Georg~J. A. ClemO~----------' X Parsons (by hand; w/encl.) RKE# 0652498.WPD C/M: 077836-00026-01 E O. Box 14125 / Roanoke, Virginia 24038 -4125 10 South Jefferson St~et, Suite 1400 / Roanoke, Virginia 24011 540 983-7600 / Fax 540 983-7711 Internet - mail~woodsrogers.com Offices also in Charlottesville, Danville and Richmond,Virginia The Roanoke Times Roanoke, virginia Affidavit of Publication The Roanoke Times ......... GEORGE J.A. CLEMO 10 S. JEFFERSON ST, SUITE 1400 PO BOX 14125 ROANOKE VA 24011 REFERENCE: 80050828 01494510 3 schools proposed bond fin 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. day Sworn and subscribed before me this __12th___ of September 2000~ ~tn~ss my hand and official seal.~~__~-~ , Notary public My commission expires NOllCE OF PUBUC HEARtNG FtNANCJNGS BY 114E CiTY OF 2000, ~t Ruffne~ Midd{e ~1~ S.W., ~, ~m, m ~ mltod not to flnmnoiflf ooflllfl onpltml ~n Pe~ ~ml~ o~mmtod not to finmnoinf oo~Jn PUBLISHED ON: 08/25 09/01 TOTAL COST: 207.20 FILED ON: 09/07/00 ............ Authorized signature CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #20-60-405-440-450 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35061-091800 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for transfer of $160,110.00, in connection with the Riverside Centre for Research and Technology Interchange Justification Report. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Elizabeth Neu, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35061-091800. 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 Economic Development $ 20,794,551 Riverside Centre for Research and Technology (1-2) ..............227,230 General Government $ 16,323,876 Employee Parking (3) ....................................... 1,165,000 Revenues Sale of Westview Terrace Property (4) .......................... $ 125,110 1) Appropriated from General Revenue 2) Appropriated from Third Party 3) Appropriated from General Revenue 4) Sale of Westview Terrace Property (008-002-9720-9003) (008-002-9720-9004) (008-056-9698-9003) (008-008-1234-1258) 35,000 125,110 (35,000) 125,110 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from 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 September 20, 2000 File #20-60-405-440-450 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35062-091800 authorizing execution of a contract with Wilbur Smith Associates, Inc., for engineering design services for preparation of a detailed traffic and engineering analysis relating to the proposed interchange linking the Riverside Centre for Research and Technology project area to the Roy L. Webber Expressway (Route 220), in the amount of $145,162.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Philip C. $chirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35062-091800. A RESOLUTION authorizing execution of a contract with Wilbur Smith Associates, Inc., for engineering design services for the preparation of a detailed traffic and engineering analysis relating to the proposed interchange linking the Riverside Centre for Research and Technology project area to the Roy L. Webber Expressway (Route 220), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, a contract with Wilbur Smith Associates, Inc., in the amount of $145,162.00, for engineering design services for the preparation of a detailed traffic and engineering analysis relating to the proposed interchange linking the Riverside Centre for Research and Technology project area to the Roy L. Webber Expressway (Route 220), as are more fully set out in the their proposal and the City Manager's report to this Council dated September 18, 2000. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated September 18, 2000. ATTEST: City Clerk. H:\TEMPh--proposal-engserv-Wilbur Smith.91800 Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia '00 ~:::~,:~ 14 P 1:25 Dear Mayor and Members of Council: Subject: Riverside Centre for Research and Technology Interchange Justification Report Background: The City of Roanoke will play a key role in developing public infrastructure to support the proposed Riverside Centre for Research and Technology. One important piece of this infrastructure is a newgrade separated highway interchange linking the project area to the Roy Webber Expressway (Route 220). Substantial conceptual engineering work has already been completed and has been well received by the Virginia Department of Transportation. The next step is to prepare a detailed traffic and engineering analysis that will justify the proposed interchange and further refine its design characteristics and cost. Considerations: Qualification proposals have been publicly advertised and received. Following interviews of the responding firms, a selection committee composed of the Director of Public Works, the City Engineer and an Economic Development Specialist determined that Wilbur Smith Associates, Inc., 10 East Franklin Street, Richmond, Virginia 22319, is best qualified to prepare the Interchange Justification Report. A contract has been negotiated with Wilbur Smith Associates, Inc. to complete the Interchange Justification Report at a contract amount of $145,162. Additional funding of $14,948 is needed for a project contingency. Funds in the amount of $102,359 are available from Capital Project account number 008-056-9698 and the balance of funds ($57,751) to pay for the report are available in Transfers to Capital Projects account number 001-250-9310-9508. Recommended Action: Approve the contract for the above work and authorize the City Manager to execute a contract, in a form acceptable to the City Attorney, with Wilbur Smith Associates, Inc. in the amount of $145,162. Transfer $102,359 from Capital Project account number 008-056-9698, and transfer $57,751 from Transfers to Capital Projects account number 001-250-9310-9508, for a total of $160,110, to Riverside Centre account number 008-002-9720-9003. DLB/PCS/bls Respectfully submitted, "'Darlene L. Burcha'rn City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance 00-166 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #24-144 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35063-091800 repealing Chapter 14, GARBAGE AND REFUSE, enacting new Chapter 14.1, SOLID WASTE MANAGEMENT, of the Code of the City of Roanoke (1979), as amended, to update the regulation of solid waste collection. The abovereferenced measure'was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment 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 Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Ms. Darlene L. Burcham September 20, 2000 Page 2 The Honorable Virginia The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of 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 The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Frank W. Decker, Director, Solid Waste Management and Recycling IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35063-091800. AN ORDINANCE repealing Chapter 14, GARBAGE AND REFUSE, enacting new Chapter 14.1, SOLID WASTE MANAGEMENT. of the Code of the City of Roanoke (1979), as amended, to update the regulation of solid waste collection; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 14. GARBAGE AND REFUSE. of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended by the enactment of new Chapter 14.1, SOLID WASTE MANAGEMENT. to read and provide as follows: Chapter 14.1. SOLID WASTE MANAGEMENT Article I. In General. Sec. 14.1-1. Definitions. (a) Automated collection container shall mean a container designated by the city manager which shall be used for automated collection service. (b) Authorized person shall mean any city employee, any person employed by the city on a temporary basis, or any person designated by the city, to remove solid waste, or any person licensed by the city to provide bulk container collection service. (c) Brush shall mean woody or leafy yard debris resulting from ordinary yard maintenance such as tree, shrub or bush trimmings less than three (3) inches in diameter and less than four (4) feet in length. (d) Bulk container shall mean either a front-loading bulk container or a rear-loading bulk container for the disposal of refuse. (e) Bulk items shall mean non-metal bulk items and metal bulk items. (f) Central business district shall mean that area bounded on the north by the Norfolk and Western Railroad tracks; on the east by Third Street, S.E.; on the south by Elm Avenue, S.E. from Third Street, S.E. to Jefferson Street, by Day Avenue, S.W., from Jefferson Street, to Franklin Road, S.W., and by Marshall Avenue, S.W., from Franklin Road, S.W., to Fifth Street, S.W.; and on the west by Fifth Street, S.W., and shall include all properties fronting on any of the aforementioned streets. (g) Front-loading bulk container shall mean a metal container constructed so that it may be mechanically lifted onto a front-loading collection vehicle. The unit, except units in service on the date of adoption hereof, shall have sliding doors on both sides and a hinged door on the top. (h) Hazardous waste shall mean a "hazardous waste" as defined in section 10.1-1400 of the Code of Virginia (1950), as amended. (i) Individual refuse container shall mean either anyplastic or polyethylene bag, the walls of which are at least two (2) mils in thickness, or any watertight receptacle, with handles, which is made of substantial plastic or galvanized metal and which has not less than eight (8) nor more than thirty- five (35) gallons of capacity. (j) Lawn rakings shall mean leaves, hedge trimmings and grass clippings containing no branches. Lawn rakings which contain branches shall constitute brush. (k) Metal bulk item shall mean a major household appliance which is predominantly metal, such as a refrigerator, washer, dryer, stove, water heater, air-conditioner or any other appliance containing a refrigerant. (1) Non-metal bulk item shall mean a large rug, carpet, carpet padding, mattress or bed springs, or large household fumiture, or anything else which is not predominantly metal or does not contain a refrigerant. (m) Occupant shall mean any person over the age of eighteen years occupying or residing on any lot or parcel of land in the city and having, at the time, apparent possession or control thereof. (n) Owner shall mean any person who, alone, or jointly or severally with others, has: (1) legal title to any lot or parcel of land in the city; or (2) charge, care or control of any lot or parcel of land in the city, as agent or representative of the owner, or as personal representative, trustee or guardian of the estate of the owner, but who is not a tenant. (o) Physically challenged service shall mean collection of refuse or recyclables generated by all persons residing in a dwelling unit, at no charge, from a point of collection approved by the city manager but which is not curbside or alley side. (p) Private property_ service shall mean collection of refuse or recyclables which requires a motor vehicle entering upon private property, such as by a driveway or road. (q) Rear-loading bulk container shall mean a containerwhich is constructed so that it may be mechanically lifted onto a rear-loading collection vehicle. The unit shall have top-loading doors and a one and one-half (1 ½) inch drain pipe and casters. The gross weight of a rear-loading bulk container with solid waste shall not exceed four thousand (4,000) pounds. (r) Recyclables shall mean those materials, such as glass, aluminum, steel food and beverage cans, certain plastic milk, water and other beverage bottles, newspapers, and cardboard, identified in regulations promulgated by the city manager as recyclable. (s) Recycling container shall mean a plastic cart or bin which is provided by or through the city and which displays the Roanoke City recycling emblem. A second container may be used, if necessary, if the city provided recycling container is not large enough, but the second container must be rigid and must be no larger than thirty-two (32) gallons. 3 (t) Refuse shall mean any and all litter, rubbish, garbage, trash, debris or other offensive or unwholesome substance or materials of any nature whatsoever that is generated at the premises from which it is being collected. (u) Solid waste shall mean refuse, brush, lawn rakings, recyclables and bulk items. Sec. 14.1-2. Dumping prohibited; exception. The dumping of solid waste within the limits of the city is prohibited, except at such places within the city as have been specifically designated for solid waste disposal by the council or by the director of health. Any person convicted of violation of this section shall be guilty of a Class 1 misdemeanor. Sec. 14.1-3. Littering. (a) The dumping, casting, leaving or otherwise disposing of solid waste or other unsightly matter on a public highway, street or right-of-way, park or other public property, or on private property, without the written consent of the owner thereof, is prohibited. (b) When any person is arrested for a violation of this section, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of-way, park, or other public property, or on private property without the written consent of the owner thereof, has been ejected from a motor vehicle, the arresting officer may comply with the provisions of Section 20-2 of this Code in making such arrest. (c) When a violation of the provisions of this section has been observed by any person, and the solid waste alleged to have been dumped, cast, left or otherwise disposed of on a public highway, street or right-of-way, park or other public property, or on private property without the written consent of the owner thereof, has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting solid waste; provided, however, that such presumption shall be rebuttable by competent evidence. (d) Any person convicted of a violation of this section shall be guilty of a Class 1 misdemeanor. (e) Upon conviction of any person for a violation of this section, the court may suspend the imposition of any sentence on condition that the defendant volunteer his services for such period of time as the court may designate to remove litter from any public highway, street or right-of-way or other public property. Sec. 14.1-4. When bulk containers required. (a) Except in the central business district, any business, commercial establishment, institution, apartment building or multi-family dwelling complex which is eligible to receive automated refuse collection and which, during any consecutive four-week period, has at any location, an average of eleven (11) or more individual refuse containers, which are not automated collection containers and are approximately one-third (1/3) the size of an automated collection container, per week, shall be required to have a front- loading bulk container, unless the city manager determines that bulk container collection is inappropriate because of inaccessibility to collection vehicles or space limitations of the premises involved. (b) Except in the central business district, any business, commercial establishment, institution, apartment building or multi-family dwelling complex which is eligible to receive automated refuse collection service and which, during any quarterly billing period, has at any location, an average of more than three (3) automated collection containers per week, shall be required to have a front-loading bulk container, unless the city manager determines that bulk container collection is inappropriate because of inaccessibility to collection vehicles or space limitations of the premises involved. Sec. 14.1-5. Fees for collection. Fees for solid waste collection shall be as set forth in the fee compendium as approved and amended by the city council from time to time. Sec. 14.1-6. Rules and regulations. The city manager shall be authorized to promulgate rules and regulations with respect to solid waste collection. Such rules and regulations shall be intended to protect the public health, safety and welfare, to promote good sanitation and cleanliness, and to protect the environment and shall be enforceable as if fully set forth herein. Sec. 14.1-7- 14.1-14. Reserved. Article II. COLLECTION BY AN AUTHORIZED PERSON. Division 1. Generally Sec. 14.1-15. General container requirements. (a) Any owner or occupant of any dwelling unit, except those for which a bulk container is required by Division 2 of this article, who sets out any solid waste, but not recyclables, for collection shall place the same in an automated collection container, except as provided for in Section 14.1-17 of this Article. (b) Any owner or occupant of any dwelling unit, who sets out any recyclables for collection shall place such recyclables in a recycling container, as otherwise provided. Only recyclables shall be placed in a recycling container. (c) No individual refuse container or recycling container, together with the solid waste or recyclables therein, shall exceed sixty (60) pounds in weight, except for automated collection containers. Automated collection container shall not exceed the following weights: 96 gallon (200 pounds), 64 gallon (125 pounds), and 32 gallons (100 pounds). (d) Commercial establishments not using bulk containers shall use either individual refuse containers, or automated collection containers. (e) Each residential address determined by the city manager to be eligible for automated collection service shall receive one (1) automated collection container at no charge. Residential addresses at which six (6) or more persons permanently reside shall receive two (2) automated collection containers at no charge. In no case shall any residential address receive more than two (2) automated collection containers at no cost, and in no case shall any residential address have more than two (2) automated collection containers. Those persons residing at an address eligible for, and receiving, automated collection service shall be responsible for the loss of their automated collection container or the damage of the same due to their negligence. Sec. 14.1-16. Placement for collection generally. (a) Except as otherwise provided, all solid waste to be removed by an authorized person under this article shall be placed as close as possible to the public street in the front of each residence or principal structure on a lot. Solid waste set out for collection shall have at least five (5) feet clearance from all vines, trees, shrubs, vehicles, buildings or other structures, on all sides. Automated collection containers and recyclable containers shall be placed so that the lid opens away from the street and shall be placed so that traffic is not impeded. (b) Certain alleys designated by the city manager may be used for automated collection container service, but not bulk item, or recyclables collection, and when alleys are so designated, occupants of property contiguous to such designated alleys shall place all such solid waste for collection to be removed within five (5) feet of the edge of the alley, as close as possible to the point of ingress and egress. In case of property having a fence or wall on the property line adjacent to the alley, and no point of ingress or egress in such fence or wall, the city manager shall designate a point of collection. Automated collection containers placed in such alleys shall be so placed in accordance with subparagraph (a) of this section. (c) Items not intended for collection shall not be placed in, on, or in close proximity to, the solid waste placed for collection. (d) Any person who is physically unable to transport all refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service. (1) Physically challenged service is available only when there is no person residing in a dwelling unit who is physically able to transport the automated collection container to the locations described in subsections (a) and (b) of this section. (2) Any person applying for physically challenged service must present sufficient medical evidence consisting of a medical doctor's certification, on forms provided by the city, that all persons residing in a dwelling unit are unable to transport to the locations described in subsection (a) and (b) of this section, all refuse and recyclables generated by those persons residing in a dwelling unit with the person applying for said service. (3) Any person receiving physically challenged service must notify the manager of the department of solid waste management within thirty (30) days, if the person, or any person living in the dwelling unit with him or her, becomes ineligible for physically challenged service at the subject address due to improved health, relocation of the person receiving such service, or any other reason. (e) Any person who resides on a lot or parcel served solely by either a private driveway or a private road may apply for private property service. (1) Any person applying for private property service must execute an agreement, approved as to form by the city attorney, releasing and agreeing to indemnify the city, and its officers, employees and agents, for damages arising out of the performance of private property service. (2) Any person not receiving private property service on March 1, 1993, may not apply for such service, unless that person resides on a lot or parcel served solely by either a private driveway or road, and two or more dwelling units served by the private driveway or road receive such private property service. (3) Any person receiving private property service must renew his agreement with the city on a yearly basis. (f) In the case of multifamily dwelling units, all solid waste and recyclables shall be placed at a location designated by the city manager. If no location is so designated, refuse and recyclables shall be placed in a manner described in subsections (a) and (b) of this se,ction. Sec. 14.1-17. Placement of brush, bulk brush and lawn rakings for collection. (a) Brush. All brush to be collected and removed shall be placed in an automated collection container for collection by an authorized person. An amount of brush, too large for an automated collection container shall be subject to collection pursuant to Section 14.1-23 of this Code. (b) Bulk Items. All bulk items shall be placed at the curb for collection pursuant to section 14-16. (c) Lawn Rakings. Except as otherwise provided for, lawn rakings placed for collection shall be deposited in automated collection containers. During leaf season, which is generally the period of time from November 1 to December 31 of each calendar year, all leaves must be raked to the curb and be separated from all brush and other lawn rakings. Leaves to be collected by 8 solid waste management personnel during leaf season must be bagged and set at the curb. Sec. 14.1-18. Time of placement of Individual Refuse Containers and Recyclable Containers for collection. Automated collection containers and recycling containers containing solid waste from dwelling units shall be accessible for collection by an authorized person no later than 7:00 a.m. on the day of collection. Automated collection containers and recycling containers placed adjacent to streets for collection by an authorized person shall not be so placec[ prior to 7:00 p.m. on the day preceding the day of collection, and shall be removed as soon as possible after collection and, in no instance, shall they be permitted to remain adjacent to such street after 7:00 a.m. of the day following collection. Individual refuse containers and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. Where placement of an automated collection container and recycling container in a location no closer to the street than the principal building is impractical or not feasible, the city manager may designate an alternative location. Sec. 14.1-19. Collection in Central Business District. (a) Individual refuse containers and recyclable containers used by commercial establishments in the central business district must be accessible to solid waste management vehicles or placed for collection in locations designated by the city manager. (b) The occupant at every street address within the central business district, or the owner thereof, unless other provisions are made for such service, shall make arrangements with the city for refuse collection and recyclables collection, and such person shall be responsible for and shall pay a charge for such service in such amount as set forth in the fee compendium as approved and amended by the city council from time to time. There shall be no charge for the collection of recyclables. (c) Should the city manager determine that the imposition of refuse charges by street addresses is inappropriate or impracticable at any location within the central business district, the city manager shall have the authority to make a reasonable adjustment in such charge at such location. (d) Refuse collection within the central business district shall occur nightly, Monday through Saturday. Refuse shall be placed in the required containers adjacent to the curb between the hours of 5:00 p.m. and 9:00 p.m. on the day of collection. (e) Recyclables collected within the central business district shall be placed in containers in accordance with requirements set forth in written information provided by the Roanoke City Solid Waste Management Department. Sec. 14.1-20..Only authorized persons to handle solid waste placed fo, collection. (a) It shall be unlawful for any person to scavenge in the solid waste of another, and no person, other than an authorized person, shall handle solid waste set out for collection, or the contents of any receptacle containing solid waste which has been put therein for removal by an authorized person. (b) No person, other than an authorized person, may place solid waste in a collection vehicle. Sec. 14.1-21. Certain solid waste not to be collected - Generally. Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heavy metal, sheet rock, plate or large broken glass, poisons, caustics, acids, hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures shall not be placed out for collection by an authorized person and shall not be removed by an authorized person, and in no circumstances shall hazardous waste be put out for collection by any person. Not more than two (2) automobile tires will be collected from any residence or commercial establishment per week. Sec. 14.1-22. Same - brush. It shall be unlawful for any brush cut for a fee to be deposited by any person in the public right-of-way for removal by an authorized person. Sec. 14.1-23...Placement and collection of bulk items and brush. (a) The city will provide bulk item and brush collection from the owner or occupant of any dwelling unit, except multi-family dwellings of more than five (5) dwelling units. Such owner or occupant shall place a bulk item or brush as close as possible to the curb, and if there is no curb, as close as possible to the street. Such placement shall be made no earlier than the day l0 prior to the scheduled date of collection and no later than 7:00 a.m. of the day scheduled for collection. No collection of bulk items or brush will be made from any alley. All woody or leafy yard waste must be stacked in a pile that is no greater than four (4) feet wide, four (4) feet long, and four (4) feet high. No single branch placed for collection can be greater than four (4) feet in length or three (3) inches in diameter. (b) Every owner or occupant utilizing the brush and bulk item collection service shall take adequate precautions to secure any bulk item in such a manner as to ensure the safety of the public. All doors on a refrigerator, stove, washer, dryer, or similar bulk item shall be removed, and all brush shall be secured so as to prevent being blown and scattered by wind. (c) Christmas trees shall be placed out for collection within two weeks after New Year's Day. All Christmas trees must be free of lights, garland, tinsel or other ornamentation, and must be placed at the street for collection and removal. (d) No more than six (6) bulk items, or no more than one pick-up truck load of brush, may be collected and removed at any one time. (e) City residents may take up to twelve (12) pick-up truck loads of bulk items and brush per calendar year to the Tinker Creek Transfer Station free of charge. (f) Bulk items resulting from contracted work shall not be placed out for collection by an authorized person and shall not be removed by an authorized person. Division 2. Private Collection of Bulk Containers. Sec. 14.1-41. License required. No person shall operate or cause to be operated any bulk container collection service within the city without first having obtained a license from the city manager. There shall be no fee for such license. No license shall be required for any person to remove and dispose of refuse from his own premises. 11 Sec. 14.1-42. Application for license. (a) An applicant for the license required by this division shall file with the city manager an application which sets forth: (1) The name and address of the applicant; (2) The trade name under which the applicant does or proposes to do business; (3) The applicant's rate schedule for uncompacted bulk container service; (4) Whether the applicant or any officer or principal of the applicant has been convicted of any violation of federal, state or municipal law; and (5) Any other information required by the city manager relating to the ability of the applicant to operate consistently with the public health, safety and welfare. (b) The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, and, within sixty (60) days after the filing of such applicant, grant or deny a license. Should any license be denied, the applicant may appeal to city council which shall, after appropriate hearing, affirm the action of the city manager or overrule such action and grant a license. Sec. 14.1-43. Revocation of license. The city manager may revoke for cause, including noncompliance with the provisions of this chapter, any license granted under this division, but such action shall be subject to review and reversal by the city council, provided the holder thereof petitions the city council for a hearing within ten (10) days after the mailing to him of written notice of such revocation by the city manager, at the holder's last known address. The city manager's revocation of privileges under such license shall be stayed until the time for appeal to city council has expired, or, if the appeal is filed, until the city council has acted on such appeal. 12 Sec. 14.1-44. Rate regulation; submission of rate schedules. Pursuant to Section 15.2-930 of the Code of Virginia (1950), as amended, city council expressly reserves the right to regulate rates charged by private persons for bulk container collection service. Prior to June 15th of each year, all persons licensed to engage in bulk container collection service in the city shall file with city council their rate schedules for uncompacted bulk container service. Thereafter, whenever any license holder intends to amend or alter his rates for uncompacted bulk container service, notice of such fact and the proposed new rate schedule for such service shall be filed with city council at least thirty (30) days prior to the effective date of such amendment or alteration to such rate schedule. Sec. 14.1-45. Placement and maintenance of bulk containers. (a) No person shall place any bulk container on public property or in the public right-of-way without written permission of the city manager nor shall any person place such bulk container on private property in such way that collection of solid waste will obstruct or impede pedestrian or vehicular traffic or otherwise create a safety hazard. (b) All bulk containers, and the immediate area around them, shall be kept clean and sanitary at all times. Solid waste shall be completely contained within such container, all doors of the unit shall be kept closed, and all drain plugs shall be tightly secured. Article III. ACCUMULATIONS OF SOLID WASTE. Sec. 14.1-54. General prohibition. It shall be the duty of every owner or occupant of any lot or parcel of land in the city, to maintain the same in a clean and sanitary condition. It shall be unlawful for any such owner or occupant to cause, allow or permit solid waste to be deposited upon, remain or allowed to accumulate upon any such lot or parcel of land in the city, except such solid waste as is properly collected, prepared and contained for regular collection by an authorized person. Sec. 14.1-55. Notice to remove. Whenever the director of health of the city, or the authorized representative of the director of health of the city, determines that any lot, premises or parcel of land in the city is unclean or unsanitary, by reason of the deposit, existence or accumulation of solid waste thereon, the director of health, or the director's representative, may give reasonable notice thereof and of his determination to the owner or occupant of such property. Such notice shall be in writing; shall state the unclean or unsanitary condition ordered to be corrected; and shall fix the time by which such condition is ordered by the director of health to be abated or corrected. Such notice shall be deemed to be properly served upon such owner or occupant, if a copy thereof is served upon or delivered to him in person or if a copy thereof is sent by registered mail and delivered to his last known address. In case of nonresident owners who have no agent in the city, such notice may be given by publication, in which event two (2) insertions of such notice on separate days in any newspaper published in the city, at least ten (10) days before the first day any action is to be taken, shall be sufficient notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article. Sec. 14.1-56. Violations of chapter. Unless otherwise provided, a violation of any provision of this chapter, including the failure to comply with a written notice and order given pursuant to section 14.1-55, shall constitute a Class 4 misdemeanor. 3. 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 on and after its passage. ATTEST: City Clerk. _ ~.~%[=~'~,~l! ~ Roanoke City , Regular Agenda Report '00 ~I!i'*' 13 ~ :05 September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Solid Waste Management - Proposed Ordinance Changes Background: City Council was briefed at its August 7, 2000, meeting with regard to proposed changes in its solid waste collection program. Specific changes are proposed in the collection of bulk items and brush, recycling and curbside collection. Further, the implementation of automated and semi-automated refuse collection in recent years has necessitated some changes in ordinances that reflect the modernization of solid waste practices. Also, Citizen Advisory Committees were formed in recent years to .help identify other solid waste collection issues. This included issues such as the time of day by which containers must be removed from the street and the location at which the containers need to be stored. Considerations: The proposed ordinance changes have been developed. A summary of those changes is attached. Current year operating budget will accommodate these proposed changes. Recommended Action: City Council adopt the proposed ordinance changes attached to this report. Respectfully submitted, City Manager Attachment: 1 c: City Clerk City Attorney Director of Finance Director of Public Works #00-170 Attachment I SUMMARY OF ORDINANCE CHANGES Current Definitions related to solid waste program components are outdated Trash containers are to be removed by 7:00 p.m. on the day of collection. No location specified for trash containers (between dates of collection) CBD collection 5 nights per week; placed between 5:00 p.m. and 8:00 p.m. Bulk item collection scheduled and provided upon request No provision for residents to take bulk items or brush to a designated location. New Provides up-to-date definitions of solid waste program components Trash receptacles are to be removed by 7:00 a.m. on the day following collection. Trash and recycling containers shall be stored no closer to the street than the principal building (between dates of collection) CBD collection 6 nights per week; placed between 5:00 p.m. and 9:00 p.m. Bulk item collection provided on a regular schedule City residents may take up to 12 pick-up truck loads of bulk items and brush per calendar year to the Tinker Creek Transfer Station, free of charge. #00-170 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #60-282-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35064-091800 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for appropriation of $121,230.00, in connection with the purchase of 27,000 recycling containers from SCL A-1 Plastics LTD, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Department of Public Works Frank W: Decker, Director, Solid Waste Management and Recycling IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35064-091800. 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: Appropriations Public Works Solid Waste Management - Recycling (1) ....................... Fund Balance Reserved for CMERP - City (2) ............................... 1) Expendable Equipment (<$5,000) (001-530-4211-2035) $ 121,230 2) Reserved for CMERP - City (001-3323) (121,230) $ 23,460,995 869,857 $ 4,086,010 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from 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 September 20, 2000 File #60-282-472 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35065-091800 accepting the proposal of SCL A-1 Plastics LTD for supplying 27,000 recycling containers to the City, upon certain terms and conditions, in the amount of $121,230.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Mbnday, September 18, 2000. Sincerely, Mary F. Parker, CMO City Clerk MFP:vbc Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Department of Public Works D. Darwin Roupe, Director, General Services 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35065-091800. AN ORDINANCE accepting the bid of SCL A-1 Plastics LTD. for 27,000 recycling containers, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such items; rejecting all other bids made to the City for the items; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of SCL A-1 Plastics LTD. in the amount of $121,230.00 for 27,000 recycling containers, as is more particularly set forth in the City Manager's report dated September 18, 2000, to this Council, such bid being in full compliance with the City's specifications made therefor and as provided in the contract documents offered said 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, said contract to be in such form as is approved by the City Attorney, and the cost of said goods 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 aforesaid 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. ROANOKE CITY COUNCIL REGULAR AGENDA REPORT '00 ~"~; 13 I~,2:05 September 18,2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of 27,000 Recycling Containers Bid No. 00-8-43 Background: The Solid Waste Management program for collection of recyclables will expand in November, 2000, to include the remaining citizens in curbside co-mingled collection of recyclables. These additional recycling containers will permit regularly scheduled, bi- weekly pick up of recyclables on all streets. The expansion requires the addition of 27,000 - 22 gallon recycling bins. Considerations: Three (3) bids were received. Toter Inc., $31.95 each, Otto Industries, Inc. $7.50 each, and SCL A-1 Plastics LTD. with a Iow bid of $4.49 and delivery within 30-45 days. All bids met specifications. Recommended Action: Authorize the issuance of a purchase order for 27,000 recycling containers to SCL A-1 Plastics LTD. in accordance with City of Roanoke specifications. Appropriate from CMERP funding in the amount of $121,230.00 to Account 001-530-4211-2035 (Solid Waste Recycling - Expendable Equipment <5,000). Such funding was included in a prior year Capital Maintenance and Equipment Replacement Program. Respectfully submitted, D. Darwin Roupe Honorable Mayor and Members of Council Page 2 September 18, 2000 - Bid #00-8-43 I concur in the recommendation of the bid committee and recommend it to you approval. Respectfully submitted, City Manager C~ City Clerk City Attorney Director of Finance Manager, Purchasing for #00-171 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #5-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35066-091800 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $57,928.00, in connection with the Forfeited Property Sharing Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Police Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th d_ay of September, 2000. No. 35066-091800. 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~3_pro~3riations Public Safety $ 2,246,603 Federal Asset Forfeiture (1) ............................... 205,774 Revenues Public Safety Federal Asset Forfeiture (2-3) .............................. 1 ) Investigations and Rewards (035-640-3304-2150) $ 57,928 2) Federal Asset Forfeiture Funds (035-640-3304-3305) 54,468 3) Interest (035-640-3304-3306) 3,460 $ 2,246,603 205,774 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 September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Background: Sharing Federally Forfeited Property In 1986, Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney. This property, including funds shared with state and local agencies, may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. Participation in federally forfeited property enhances the effectiveness of narcotics investigations by providing necessary investigations equipment, investigative funds, overtime expenses, and offsets the costs that would otherwise have to be borne by the city's taxpayers. The Police Department receives funds periodically from the federal government's asset sharing program. Grant requirements include that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenues totaling $57,928.00 have been collected and are available for appropriation in Grant Fund accounts 035-640-3304-3305 and 035-640-3304-3306. Recommended Action: City Council approve the appropriation of $57,928.00 to the Grant Fund account for Investigations and Rewards (035-640-3304-2150) and increase the Grant Fund revenue estimate for account 035-640-3304-3305 by $54,468.00 and account 035-640- 3304-3306 by $3,460.00 City Manager City Clerk City Attorney CC: Assistant City Manager for Community Development Chief A. L. Gaskins, Police 00-444 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #60-236-323-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35067-091800 amending and reordaining certain sections of the 2000-2001 General and Grant Fund Appropriations, providing for appropriation of $18,000.00, in connection with acceptance of an assistive technology grant by the Library of Virginia, to be used for the purchase of eight 21-inch computer monitors. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget George C. Snead, Jr., Assistant City Manager for Community Development Emily Keyser, Acting Director, Department of Libraries IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35067-091800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and 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 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Parks, Recreation and Cultural $ 4,563,640 Library (1) ............................................... 2,228,731 Nondepartmental $ 64,241,121 Transfers to Other Funds (2) ................................. 644,520 Grant Fund Appropriations Parks, Recreation and Cultural $ 28,000 Library Services and Technology Act FY01 (3) ................... 18,000 Revenues Parks, Recreation and Cultural $ 28,000 Library Services and Technology Act FY01 (4-5) ................. 18,000 1 ) Telephone 2) Transfer to Grant Fund 3) Expendable Equipment 4) State Grant Receipts 5) Local Match (001-630-7310-2020) $ ( 9,000) (001-250-9310-9535) 9,000 (035-650-5029-2035) 18,000 (035-650-5029-5029) 9,000 (035-650-5029-5031) 9,000 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 September 18, 2000 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Library Services and Technology Act (LSTA) Grant Background: The Roanoke Public Library has been awarded an assistive technology grant by the Library of Virginia under the federal Library Services and Technology Act, State Administered Program. The grant of $9,000 will be used to purchase eight 21-inch computer monitors that will enhance the ability of individuals with Iow vision to view the Internet and other electronic resources at each city library location. Considerations: The LSTA grant funds must be expended by September 30, 2001. There is a required one-to-one match for these funds. Matching funds are available in the library's telephone account number 001-650-7310-2020. Recommended Actions: Transfer funding of $9,000 from the Library's telephone account number 001-650-7310-2020 to the General Fund Transfer to Grant Fund account number 001-250-9310-9535. Appropriate $18,000 to Grant Fund account Expendable Equipment 035-650-5029-2035. Establish revenue estimates of $18,000 in accounts to be established by the Director of Finance in the Grant Fund. C: Respectfully submitted, Darlene L. Burcham~ City Manager City Clerk City Attorney Director of Finance Acting Director of Libraries #00-442 CITY OF R O/INO Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #22-60-72 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35069-091800 authorizing the City Manager to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. ~.~ ~, ~Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Dr. Molly O'Dell, Health Director, Commonwealth of Virginia, Roanoke City Health District James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget Glenn D. 'Radcliffe, Director, Department of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35069-091800. A RESOLUTION authorizing the City Manager to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, upon certain terms and conditions. WHEREAS, the Roanoke City Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to ensure that eligible citizens have an opportunity to apply for Medicaid; and WHEREAS, this program is also beneficial to the Department of Social Services in that it is provided an eligibility worker at no cost for salary and benefits; and WHEREAS, the City Manager has recommended the continued services of the Outstationed Eligibility Worker in a report dated September 18, 2000. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, pursuant to the terms and conditions contained in the report to this Council dated September 18, 2000. ATTEST: I:\eligworker.wpd City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #22-60-72 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35068-091800 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $32,327.00, in connection with continuing services of the Outstationed Eligibility Worker at the Health Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Dr. Molly O'Dell, Health Director, Commonwealth of Virginia, Roanoke City Health District Barry L..Key, Director, Department of Management and Budget Glenn D. Radcliffe, Director, Department of Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35068-091800. 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: Appropriations Health and Welfare $ 3,795,605 Medicaid Eligibility Worker - FY01 (1-8) .......................... 32,327 Revenues Health and Welfare $ 3,795,605 Medicaid Eligibility Worker - FY01 (9) ............................ 32,327 1) Regular Employee Salaries 2) City Retirement 3) ICMA - Match 4) FICA 5) Health Insurance 6) Dental Insurance 7) Life Insurance 8) Disability Insurance 9) State Grant Receipts (035-630-5176-1002) $ 25,518 (035-630-5176-1105) 2,297 (035-630-5176-1116) 260 (035-630-5176-1120) 1,952 (035-630-5176-1125) 1,836 (035-630-5176-1126) 185 (035-630-5176-1130) 204 (035-630-5176-1131 ) 75 (035-630-5176-5176) 32,327 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 September 18, 2000 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Funding for Restricted Eligibility Worker Background: Roanoke City Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke City Health Department to assure that all citizens have an opportunity to apply for Medicaid. The Agreement remains in effect until modified by mutual consent or operation of law (see attachment). There is no local cost for this position. Approximately 50% of the cost is reimbursed from federal Medicaid administrative funds and the Health Department reimburses the remaining cost. Considerations: Roanoke City Health Department is satisfied with the results of having this position on location and wishes to continue the services (see attachment). Recommended Action(s): Authorize the City Manager to continue the services of the Outstationed Eligibility Worker at the Health Department in accordance with the original agreement, and appropriate $32,327 for FY00/01 to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. · Salary $25,518 · City Retirement 2,297 · ICMA Match 260 · FICA 1,952 · Health Ins. 1,836 Honorable Mayor and Members of Council Page 2 September 18, 2000 · Dental Ins. 185 · Life Ins. 204 · Disability Ins. 75 $32,327 Respectfully submitted, Darlene L. Bui'dham City Manager C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Molly O'Dell, M.D., Director of Health Department Glenn D. Radcliffe, Director of Human Services/Social Services #00-445 MEDICAID ELIGIBILrI'Y DETERMINATIONS PLACEMENT OF ELIGIBILITY DETERMINATION STAFF AT DESIGNATED HEALTH DEPARTMENTS AGREEMENT Between The State Health Department The Virginia Department of Social Services Roanoke City Department of Social Services ARTICLE I This Agreement is entered into as ofthe date specified below by and between Roanoke C, iLv_ Department o1' Social Services hereafter referred to as the Local DSS, The State Health Department hereafter referred to as Health Department, and the Virginia Department of Social Services, hereafter referred to as VDSS to locate a Medicaid worker, hereafter referred to as Health Department Eligibility Worker (HDEW), on-site at the Health Department. The Local DSS and the Health Department agree to use the HDEW exclusively for the purpose outlined in thi.q Agreement. The Local DSS is specifically prohibited from using the HDEW for any purpose other than completing cases originating through the Health Department. ARTICLE II FUNCTIONS TO BE PERFORMED BY HDEW Ao Application Acceptance and Processing Medicaid Applications -'Health Department patients re[erred to the HDEW shall have all the rights and privileges of any other applicant for assistance. Health Department personnel will refer for Medicaid eligibility determination all potentially eligible medically indigent patients. -- Eligibility Criteria - Eligibility for Medicaid will be determined using all applicable rules, regulations, and policies governing the general population applying for Medicaid. Each HDEW shall be supplied a copy of the Medicaid Manual by the Local DSS. It shall be the responsibility of each HDEW to keep the Medicaid Manual current with all revising transmittals. All forms necessary to process Medicaid applications shall be ordered by the appropriate local DSS through the usual procedures and made available .to the HDEW. Case Development - The HDEW shall process all Medicaid applications taken at the Local Health Development for adults and children who are residents of the HDEW's locality. Completed cases shall be forwarded daily to the local DSS for immediate enrollment. ao bo Applications for patients from other jurisdictions will be forwarded by the HDEW, unprocessed, to the city or county of residence. Medicaid eligibility must.be determined in conformity with processing standards contained at Part II, Chapter A, of the Medicaid Manual. Therefore, no local DSS processing procedures shall encumber or delay certifying and enrolling eligible cases. 2 Bo Confidentiality of File Information 1. Confidentially of client information contained in existing files (both paper and electronic) is to be protected, and access to Medicaid eligibility fries shall be limited to the HDEWs and Local Departments of Social Services. Information released to Health Department personnel shall be limited to information authorized for dissemination in accordance with the applicant Release of Information. It shall be released in a manner consistent with efficiency and non-duplication of effort _among the Medicaid, WlC, and medical services programs. o Information maintained by or which can be secured by the local DSS shall be shared with the HDEW when necessary to determine eligibility for Medicaid under this Agreement. This includes diagnosis information and local public records. Co Health Department Eligibility Workers - Organization Caseload Standards - The HDEW shall be an employee of the local DSS but shall not count in the determinations of local staffing needs. Staffing level will be one full time position. This staffing level will be rm evaluated by representatives of the partie~ to this A~eement after one year of operation using the following criteria to determine its applicability and the need to make adjustment. ao Increased reimbursement by Medicaid due to increased Medicaid enrollment then compared to the one year period immediately prior to the effective date of the contract. b. Increased numbers of medically indigent eligibles enrolled in Medicaid. Training - The HDEWs shall be treated as other eligibility workers as regards provision of Medicaid program training and technical assistance. HDEW will 'be under the supervision on local Department of Social Services Supervisor who will be responsible for instruction, accountability, payroll information, and job o C, overage- HDEW shall be available to take applications at the Local Health Department during Local Health Department's clinics and at other times available to take applications for Health Department Home Health, CHIP and MICC patients not attending scheduled clinics and at other times agreed to by the Local DSS and Health Department. Performance Standards - Performance Standards applicable to other Medicaid workers shall be the performance standards applicable to the HDEW. e Job Cl~cation - The HDEW shall be employed in the same personnel classification and be afforded the same benefits as any other local Medicaid worker in the Local DSS, except that their employment is restricted to the life of this project. Relationships - The Health Department, the HDEW, and their employing agencies shall cooperate to the mutual benefit of both by sharing informational materials, conducting joint staff meetings, and providing each worker with periodic reports of work performed such as: referrals made, application approvals and costs of services paid, subject to the confidentiality requirements in Article H, B. Liaison - Each of the parties to this Agreement shall designate a contact person for dissemination of information about job functions, operating procedures, and problem resolution. The Health Department will provide, at no cost to this project, necessary secure space and equipment for the eligibility worker, such as desk, chair, reasonable · office supplies, and other furniture and equipment necessary for performance of the contract. The Local DSS will provide support for purposes of tracking referred patients and compiling statistical reports in MAPPER. 4 ARTICLE III Th is project, whereby local workers will be physically located at the Health Department will use funds appropriated to the State Health Department to fund the non-federally matched portion of the costs of maintaining the HDEW. 1. The Local DSS shall submit monthly to the VDSS individual claims for 100 percent reimbursement of personnel costs for the HDEW: Each claim for reimbursement shah be submitted on form DA-20-250, Accounting Voucher. bo Each monthly claim shall be reimbursed by the VDSS at 100 percent of costs. o The VDSS shall submit monthly to DMAS, separately identifiable from other federal claims for Medicaid a~tration reimbursement, aH clalm.q of administrative expenditures associated with operation of this Agreement. The Health Department agrees to reimburse the VDSS through an Interagency Tran.qfer of funds for any costs for which federal reimbursement does not equal 100 percent of such State agency reimbursement made for the month. Funds used by the Health Department to reimburse VDSS must not come from federal sources. The lnteragency Transfer Invoice will be forwarded by the tenth working day of the month following the covered period. ARTICLE IV MAINTENANCE OF RECORDS 'Administrative Records - Records of administrative costs shall, be maintained separate from other local DSS and Health Department records for evaluation and determination of the ultimate effectiveness of the project. 5 o Applications - Separate identification shall be maintained of all referrals made by Health DePartment personnel to the HDEW. Referrals will be tracked and the outcome recorded as either approved, denied, or failure/refusal to follow tkrou . Approved cases will be tracked and total expenditures under Medicaid to the Health Department and other 'providers will be periodically gathered into reports by Central Office staff. ARTICLE V TERM OF AGREEMENT This Agreement shall begin after all parties have signed this Agreement and when personnel have been employed and/or reassigned to the Health Department site. An effectiveness evaluation shall be conducted by representatives of this Agreement after the site has been fully operational for twelvemonths. Aftercompletion of the twelve month effectiveness evaluation, any party to this .Agreement may terminate its participation in this project with or without cause upon sixty days notice in writing to the other parties. In lieu of such action, this Agreement shall remain in effect until modified bymutual consent or operation of law. Interim evaluations, problem identification and resolution sessions will be held quarterly after the first six-month review, on an as needed basis throughout the life of thi.q Agreement. 6 SIGNATURE SHEET Agreement for placement of eligibility workers at the Roanoke City between: Health Department The State Health Department The Virfinia Department of Social Services _Roanoke City Department o£ Social Services I hereby agree to the terms of this agreement: W. Robert Herbert, City Manager Roanoke City ,~- '~- ? ~ (Dated) (Signed) Acting Health Director 0--/ (Dated) Lfrry D. Jackson, ~on/('m~i4onqr State Department of Social'Sevfices (Dated) (Signed) Robert B. Stroube, M.D., M.P.H. % State Health Commi~ioner State Health Department (Dated) (Signed) 7 Serving the People of: Alleghany County Botetourt County Craig County Roanoke County City of Cli. flon Forge City of Covington City of Roanoke City of Salem CO IO _.AL TH OF t R lArl Alleghany Health District Roanoke City Health District July 18, 2000 Reply to: 515 Eighth Street, SW Roanoke, VA 24016 Phone: (540) 857-7600 Ext 211 FAX: (540) 857-6987 Glenn Radcliffe, Director Department of Human Services 215 Church Avenue Roanoke, Va. 24011 Reference: Medicaid Outposting Position Lenora Taylor Dear Glenn, The Roanoke City Health Department is requesting renewal of the Grant for the Medicaid Outposted position now occupied by Lenora Taylor. This service has proven to be an invaluable asset for our clinics as well as our patients. Lenora is Involved in taking applications for six clinic programs and assists with guidance in two additional program areas. Processing of applications is completed in a timely manner, with follow-up as needed. Since the position is at the main Health Department, it is more convenient for our clients since they are receiving needed clinic services and applying for Medicaid at the same time. Lenom has a wonderful rapport with our staff and our clients. She is truly a benefit to the Health Department. In one of the Health Department programs, HIV, it is very important that the Medicaid application is completed and processed within a short time frame. Lenora works with other Social Services Eligibility workers to ensure that forms are submitted for processing. She also assists with needed information for these clients to help bridge the confusion over completion of forms and communication between them and their assigned eligibility worker, Lenora serves as a resource for rebilling denials and researching problem billing which enables the Health Department to reduce our aged amounts receivable for the Medicaid Program We would appreciate the continuance of this grant position and are committed to our part of the funding. If you have any questions, please let me know. Sincerely, Molly O'Dell, M.D. He~alth Director DEPARTMENT DF HEALTH Protecting Yo~ a~d Your Environment CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #110-200-405 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a report of the City Planning Commission recommending appointment of 30 citizens and two City Planning Commission members to the Vision 2001 Citizens' Advisory Committee, which report was before the Council of the City of Roanoke at a regular meeting on Monday, September 18, 2000. It was the consensus of Council to refer the report to the City Manager for further study and report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Melvin L. Hill, Chairperson, City Planning Commission, 2524 Marr Street, N. W., Roanoke, Virginia 24012 George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Department of Planning and Code Enforcement Roanoke City Department of Planning and Community Development · ..- ....... Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ..... .,~ , ,~ ~4j~3-2344 (Fax) 853-123(1 Roanoke City Council Regular Council Agenda September 18, 2000 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Comprehensive Plan Advisory Committee Background: Over the past few months, City Council has authorized funding for, and has been briefed on, the City's development of a new Comprehensive Plan. Hutton Associates, $inni Benson, and Hill Studio have been hired to assist the City with this important planning effort. As part of the planning program and the City's commitment to participatory government, an intensive citizen participation process has been developed by city staff and members of the Planning Commission's Long Range Planning Committee. During the next nine months, citizens will have the oppommity to participate in the development of the plan in many ways, including a Citizens' Advisory Committee, working Task Teams, and various public workshops. In addition, more detailed information on the plan, the process, and a public opinion survey will be widely distributed over the next few weeks. As the first step in this important planning project, the Planning Commission is recommending that thirty citizens, along with two Planning Commission members, be appointed by City Council to the Citizens' Advisory Committee. This Committee represents a broad diversity of persons in our community who have expressed an interest in serving on the Committee or on working Task T~ams. In late July, information describing Vision 2001 was mailed to various citizens, businesses, civic organizations, and neighborhood groups. Interested persons were invited to participate in the project. Over 150 persons responded and expressed interest in working on the Committee and Task Teams addressing such specific issues as: housing and neighborhoods, economic development, quality of life (parks and recreation, environment, historic resources), infxastrueture (transportation, utilities, technology), people (education, health, human services, libraries), public services (police, fire, emergency services, code enforcement, solid waste management), and city design. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals On August 28, 2000, the Planning Commission held a special meeting to review the applications received and make recommendations for the Citizens' Advisory Committee for formal appointment by City Council. The Commission's recommendations and the qualifications of these nominees are included as Attachment 1 to this report. Considerations: The Planning Commission placed special emphasis on recommending Advisory Committee members who were representative of a diversity of community interests, cultures, ages, gender, and neighborhoods. Working Task Team membership will be open to any citizen who wishes to participate. The Citizens' Advisory Committee also includes an executive committee comprised of the Chair, Vice-Chair, and Chairs of each of the working Task Teams which will serve an important role in that it will be heavily involved in development of issues and strategic planning for implementing future policies and programs. Any applicant who was not selected to serve on the Citizens' Advisory Committee will be asked to serve on a working Task Team. These working teams will include a Planning Commission member, planning staff, relevant city staff with expertise in that area, and any citizens who wish to participate. The first Vision 2001 city wide forum is scheduled for October 10, 2000, fi.om 7:00 p.m. to 9:30 p.m., at the Civic Center Exhibit Hall. The Planning Commission would like to schedule a work session with the Citizens' Advisory Committee and working Task Teams on October 14, 2000. Recommendation: Planning Commission recommends that City Council appoint the thirty citizens and two Planning Commission members identified in Attachment 1 to the Vision 2001 Citizens' Advisory Committee. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission MLH:ESL:mpf attachment cc: Darlene Bureham, City Manager William Hackwort~ City Attorney George C..Snead, Jr., Assistant City Manager for Community Development Evelyn S.'Lander, Agent, Roanoke City Planning Commission ATTACHMENT 1 Vision 2001 Advisory Committee: Planning Comm. ission Recommendation 1. Walter Rugaber (Chair) 2. Brenda L. McDaniel (Vice-Chair) 3. Carolyn Coles (Housing and Neighborhoods Chair) 4. Frederick M. Williams (Infrastructure Chair) 5. Carl D. Cooper (Public Services Chair) 6. Steve Lemon (Economic Development Chair) 7. Paula L. Prince (People Chair) 8. Talfourd H. Kemper, Jr.(Quality of Life Chair) 9. Kevin A. Deck (City Design Chair) 10. Matthew Kennel 11. Dan Smith 12. Elvah D. Taylor 13. Mary C. Knapp 14. Tom Pettigrew 15. Daniel E. Karnes 16. Susan L. Willis 17. Jeanne H. Pedigo 18. Patrick N. Shaffner 19. J. Lee E. Osborne 20. Pead Fu 21 John P. Bradshaw, Jr 22. David W. Davis III 23. Beth Doughty 24. James M. Turner, Jr 25. Kevin Kays 26. Jonathan K. Wolfe 27. Jeannette D. Manns 28. Erin Garvin 29. Mark McConnei 30. Brian M. Shepard 31. Richard Rife (Planning Commission Member) 32. Robert Manetta (Planning Commission Member) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #166-337-373 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35047-091800 authorizing extension of an existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., for the lease of property known as the Jefferson Center and adjacent grounds, lying at 6540 Campbell Avenue, S. W., including the adjacent parking lot on Luck Avenue, S. W., for a term ending May 31, 2041. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Monday, September 18, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35047-091800. AN ORDINANCE authorizing the extension of an existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd. for the lease of property known as the Jefferson Center and adjacent grounds, lying at 540 Campbell Avenue, S.W., including the adjacent parking lot on Luck Avenue, S.W. WHEREAS, the original lease with the Jefferson Center Foundation, Ltd. was authorized by Ordinance No. 30739-102189 for a forty-year term beginning November 1, 1991; and WHEREAS, an agreement for the provision of funds for renovation of a portion of the Jefferson Center was authorized by Ordinance No. 34084-111698; and WHEREAS, financing for the renovation requires a forty-year lease from the time the renovation is completed; and WHEREAS, the City has, by advertisement published once a week for four consecutive weeks in a paper of general circulation published in the City, publicly invited bids for the extension of the lease for the Jefferson Center and adjacent grounds, lying at 540 Campbell Avenue, S.W., including the adjacent parking lot on Luck Avenue, S.W. ("Property"); and WHEREAS, one bid for the lease extension was received and publicly opened at the Council meeting held on August 21, 2000. WHEREAS, the bid of the Jefferson Center Foundation, Ltd., to extend the existing lease of the Property so that it will have a term of forty (40) years, commencing on June 1, 2001, and to be otherwise upon the same terms and conditions of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., was deemed the most responsive bid made to the City for such lease extension. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of the Jefferson Center Foundation, Ltd., to extend the lease of property known as the Jefferson Center and adjacent grounds, lying at 540 Campbell Avenue, S.W., including the adjacent parking lot on Luck Avenue, S.W., so that it will have a term of forty (40) years, commencing on June 1,2001, is hereby ACCEPTED, and all other terms of the existing lease shall remain unchanged. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a written lease extension between the City and the Jefferson Center Foundation, Ltd. for the Property, and to be in a form approved by the City Attorney. 3. The City Clerk is directed to forward an attested copy of this ordinance to the Jefferson Center Foundation, Ltd. ATTEST: City Clerk. H:\ORD-GEN~O-J~ ff'C~nt-LcaseExt- DLC. Final _8.21-00 Roanoke City Council Regular Agenda Report September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Jefferson Center Lease Extension Background: Council considered the attached report of July 3, 2000, from the Water Resources Committee and advertised a public hearing which was held on August 21, 2000. Also at the August 21, 2000, meeting, the attached bid from Jefferson Center Foundation, Ltd. was received to extend the lease dated November 1, 1991 to provide for a new term of June 1, 2001, to May 31, 2041. All other terms of the existing lease shall remain unchanged. Recommended Action: Council authorize an extension of the term of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., dated November 1, 1991, to provide for a new term ending May 31, 2041, in accordance with the bid received from the Jefferson Center Foundation, Ltd. Attachments: 2 Respectfully submitted, Darlene L. Burchah'f City Manager CC: City Clerk City Attorney Director of Finance Jefferson Center Foundation, Ltd. #00-366 Roanoke City Council Regular Agenda Report CITY C-3 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear MaYor and Members of Council: Subject: Jefferson Center Lease Extension The attached staff report was considered by the Water Resources Committee at its regular meeting on June lg, 2000. The Committee recommends that Council authorize the City Manager to advertise for four (4) consecutive weeks and hold a public hearing.' Lacking any comments to the contrary, authorize the execution of an extension to the lease agreement with Jefferson Center Foundation, in a form acceptable to the City Attorney, for a 40-year term, beginning June 1, 2001. All other terms of the existing lease will remain unchanged. · Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attomey Director of Finance Engineering Coordinator Jefferson Center Foundation, 541 Luck Avenue, Roanoke, VA 24016 #00-348 .Water Resources Committee Regular Agenda Report June 19, 2000 To: Members, Water Resourc,~ Com~~') From: thru Darlene ~m, City Manager Subject: JEFFERSON~ENTER LEASE EXTENSION Background: The original Lease with the Jefferson Center Foundation (JCF) was authorized by Ordinance No. 30739-102189 on October 21, 1989. The lease was for a 40-year term beginning November 1, 1991. The lease rate is $10.00 per year. An agreement for the provision of funds for renovation of a portion of the building was authorized by Ord. No. 433084-111698. Considerations: Financing for the renovation requires a 40-year lease from the time the renovation is completed; therefore JCF has requested that the City consider extending the lease by approximately 8 % years. The requested term would be for 40 years and begin June 1, 2001. See Attachment 1. Recommended Action(s): Advertise for four (4) consecutive weeks and hold a public hearing. Lacking any comments to the contrary, authorize the execution of an extension to the lease agreement with Jefferson Center Foundation, in a form acceptable to the City Attorney, for a 40-year term, beginning June 1, 2001. All other terms of the existing lease will remain unchanged. DLB/KBK/SEF Attachment(s): 1 William M. Hackworth, City Attomey Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Jefferson Center Foundation, 541 Luck Avenue, Roanoke, Virginia 24016 H:~,USER\COMMON~CounciN=ittonUeffCtr. ls #00-348 Art performtd within a work of art May 17, 2000 Ms. Darlene Burcham, City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, Virginia 24011 RE: Jefferscn Center Lease - 1111191 Deer Darlene: As you are aware, we are well unden~ay with our renovation of the Jefferson Center creating an exciting venue for performances in Roanoke at the Shaftman Performance Hall. The financing we ere currently working on requires that we have a 40 year lease from the time the renovation is completed. Specifically,. the Jefferson Center Foundation (JCF) would request that our lease with the City be extended. We wish the extension to be for a period of 40 years effective on June 1, 2001. While the extension will not be effective until next year, we are seeking Council approval at this time so as to include it in our financing package. This is an extension only and is not a request of any other terms of our agreements with the City. The Council and your support for the Jefferson Center and its efforts ere greatly appreciated. The JCF Board Iool~ forward to many years of continued servica to the City of'Roanoke and its citiz~. If you have any questions, please contact me or Jane Stephenson at 344- 5681. Thank you in advance. Sincerely, Wamer Dalhouse Acting Chairman Cc'~'t B. Kiser 541 Luck Avenue · Suite 100 · Roanoke, Firginia 24016 · 540-343-2624 · FAX $40-345-3744 Extension of Jefferson Coster Lease Ag~emeat dated November 1, 1991 Biddy. jefferson Center Fo£mastion, L~d. Proposed terms of Lease Extension: the terror the ~.4st4n~ le~se be~¢n the City of Rq.,anoke and the Jefferson Center Foundation, Ltd. dated Rovember I 1991 to provide for a new ter~ of J.une 1, 2001, t:o Hay 31, 2041. ALt. other______ ter~s of the existin_~_lease sha__]._ll re~a~ ~__!!P_c..~K~ -------- Submitted by: Jeffer _so~_ Center Fo'"'a~tion- Ltd. Title:// pr~'i~ent _~ Mary F. Parker, CMC/AAE City Clerk CITY OF R O.4NOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 25, 2000 File #1 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2000, you were reappointed as Director of Finance of the City of Roanoke for a term of two years, commencing October 1, 2000, and ending September 30, 2002. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure COMMONWEALTH Of VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September, 2000, JAMES D. GRISSO was reappointed as Director of Finance of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002. Given under my hand and the Seal of the City of Roanoke this twentieth day of September, 2000. City Clerk Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 26, 2000 File #83 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on M(~nday, September 18, 2000, you were reappointed as City Attorney of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2000. Mary F. Parker, CMC City Clerk MFP:vbc Enclosure COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September, 2000, WILLIAM M. HACKWORTH was reappointed as City Attorney of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002. Given under my hand and the Seal of the City of Roanoke this twentieth day of September, 2000. City Clerk Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 26, 2000 File #209 Robert H. Bird Municipal Auditor Roanoke, Virginia Dear Mr. Bird: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 18, 2000, you were reappointed as Municipal Auditor of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke. Please return one copy of the Oath of Office to the undersigned by September 30, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk,' and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of September, 2000, ROBERT H. BIRD was reappointed as Municipal Auditor of the City of Roanoke for a term of two years, commencing October 1,2000, and ending September 30, 2002. Given under my hand and the Seal of the City of Roanoke this twentieth day of September, 2000. City Clerk 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) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON city Cl~k September 20, 2000 File #24-51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: A public hearing was duly advertised to be held on Monday, September 18, 2000, on the. request of Adam J. Cohen 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-1, Office District, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit single-family attached dwellings by special exception. Pursuant to the request of Mr. Cohen, the public hearing was deferred until the regular meeting of Council on Monday, October 16, 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: Adam J. Cohen, 6036 Chagall Drive, S. W., Roanoke, Virginia 24018 Steve Talevi, Assistant City Attorney Evelyn S. Lander, Secretary, City Planning Commission 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 J. Thomas Tasselli, Development Review Coordinator 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.roanok¢.va, us STEPHANIE M. MOON Depmy City Cle~'k September 20, 2000 File #432-511-514 Vernice Law, President Roanoke Neighborhood Development Corporation 1509 Lafayette Boulevard, N. W. Roanoke, Virginia 24017 Dear Ms. Law: I am enclosing copy of Resolution No. 35072-091800 approving the proposed public' infrastructure improvements illustrated in the Henry Street Master Plan as being substantially in accord with the' City's Comprehensive Plan, Roanoke Vision. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, ~, City Clerk MFP:vbc Enclosure pc: Darlene L. Burcham, City Manager Melvin L. Hill, Chairman, City Planning Commission Evelyn S. Lander, Director, Department of Planning and Code Enforcement IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35072-091800. A RESOLUTION approving the proposed public infrastructure improvements illustrated in the Henry Street Master Plan as being substantially in accord with the City's Comprehensive Plan, Roanoke Vision. WHEREAS, the Greater Gainsboro Redevelopment Area is currently undergoing considerable development; and WHEREAS, in August, 1999, this Council committed public financing to improve the infrastructure in this area, and to construct a $5 million parking garage to serve all projects; and WHEREAS, the Planning Commission held a public hearing in this matter on July 20, and September 8, 2000, and considered whether the proposed street and alley closures, and public infrastructure improvements, are substantially in accord with the City's adopted Comprehensive Plan and should be included as appropriate public facilities in the Greater Gainsboro Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council, by this resolution, approves the proposed street and alley closures, and infrastructure improvements, contained in the Henry Street Master Plan as being substantially in accord with the City's adopted Comprehensive Plan, Roanoke Vision. 2. The City Clerk is directed to forthwith transmit an attested copy of this resolution to the Roanoke Neighborhood Development Corporation. ATTEST: H:~-ES\R-CC-Gains Dev.9. I 8-00 City Clerk. Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-123('] Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from City of Roanoke for a determination that the proposed street and alley closures in the Greater Gainsboro Redevelopment Area, as well as public infrastructure improvements illustrated in the Henry Street Master Plan, are substantially in accordance with the City's adopted Comprehensive Plan. Background: Section 15.2-2232 of the Code of Virginia (1950), as amended, provides the following: Whenever a Iocal planning commission recommends a comprehensive plan or part thereof for the locality and such plan has been approved and adopted by the governing body, it shall control the general or approximate location, character and extent of each feature shown on the plan. Thereafter, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under subsection D, no street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than railroad facility, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination the commission may, and at the direction of the governing body shall, hold a public hearing, after notice as required by Section 15.2-2204. ! Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals On May 10, 2000, the City Manager requested that the Planning Commission review the proposed street and alley closures and public infrastructure improvements in the Greater Gainsboro Redevelopment Area for consistency with the City's Comprehensive Plan. The Planning Commission initially considered the request at its meeting on July 20, 2000. There was considerable discussion of the proposed public improvements. Specific maps of the subject improvements were not available for the Commission, and there were questions with respect to features to be constructed. The concept plan prepared by the Roanoke Neighborhood Development Corporation was not specific with respect to public improvements. Several Commission members felt that they could not recommend approval of the request without more specific information. Mrs. Duerk and other Commission members commented on the large amount of surface parking that was proposed, advising that alternative transportation solutions should be sought. Mrs. Evelyn Bethel, 35 Patton Avenue, N. W., appeared before the Commission and advised that residents had not had an opportunity to comment on the proposed developments in the area. She asked if the subject request would affect residents' ability to determine what occurred in their neighborhood, and specifically, how the plan would affect the neighborhood plan proposed for the area. She also expressed concern for the design of the proposed buildings, indicating that a glass office building which was proposed was not complimentary to the neighborhood. Mrs. Lander advised that work on the neighborhood plan would begin in the neighborhood within the next few months and that this plan involved only the Henry Street area. There were mutual issues that would be considered as part of the neighborhood planning process, especially those that affected neighborhood residents and their quality of life. Commission members encouraged staff to ensure public participation in development plans for the area and asked that special attention be given to design issues. At the conclusion of discussion between staff and the Commission, the chair called for a vote on a motion to find that the proposed public improvements and new public facilities are consistent with the City's adopted comprehensive plan. The vote was 3-1-2 (Mrs. Duerk and Mr. Manetta abstaining, Mr. Chrisman voting no, and Mr. Butler absent). Under the Planning Commission's bylaws, the motion did not pass, since a majority of those present must vote to pass a motion. On August 21,2000, City Council considered the matter and referred it back to the Planning Commission for reconsideration. On August 29, 2000, a public meeting was held by Roanoke Neighborhood Development Corporation to review the status of the Henry Street project and to share information, and receive public feedback on the proposed development plan. The meeting was attended by approximately 40 persons and various issues were discussed. RNDC advised that they were open to working further with the community on office building design issues that had been raised and that they would more actively publicize their meetings, which were open to the community. On September 8, 2000, the Planning Commission held a second public hearing on the request. Mrs. Evie Lander, Agent to the Commission, presented the staff report and Mr. Phil Schirmer, City Engineer, presented specific information on the public improvements and facilities proposed for the area. A map showing the proposed public improvements and a rendering of the public parking garage were presented to the Commission. Mrs. Evelyn Bethel, 35 Patton Avenue, N. E., asked questions regarding various improvements, specifically landscaping and lighting. Also, she expressed concern for two- way traffic from the new Jordan Alley onto Wells Avenue. Mr. John Lynch, Associate Pastor for First Baptist Church, 10 North Jefferson Street, had questions about the proposed development by RNDC at the southeast corner of Henry Street and Wells Avenue. He also asked about the development of additional privately owned properties. It was explained by city staff and the Commission that questions about these properties and proposed developments were not the subject of the public hearing and that questions should be directed to the owner and/or developer of the specific properties. Mrs. Helen Davis, 35 Patton Avenue, N. E., asked for clarification of an architectural element of the parking garage and it was explained that the structure was a stairwell and elevator. She had additional questions regarding the master plan for Henry Street and the design of the proposed Crew Suites building. She indicated that she was concerned also about traffic from Jordan Alley onto Wells Avenue. Commission members explained that the plan for Henry Street was proposed by the Roanoke Neighborhood Development Corporation and that there was to be further public meetings to discuss proposed developments. Mr. Schirmer advised that traffic studies had been done for proposed development in the area and that the traffic from the alley would not adversely affect Wells Avenue. Mrs. Margaret Roberts, 411 Gilmer Avenue, N. W., asked if the plans for Henry Street would be discussed with other citizens. It was noted that City Council had a second public hearing scheduled on September 18, 2000. Reverend Kenneth Wright, Pastor of First Baptist Church, 10 North Jefferson Street, asked whether attention had been given to the residential character of the neighborhood when considering the proposed business activities on Henry Street. He indicated that he was concerned about the traffic from Jordan Alley. Mrs. Alice Roberts, 411 Gilmer Avenue, N. W., asked if the parking garage could be built underground or whether additional parking could be placed in the area to reduce the amount of surface parking on Henry Street. It was explained that topography, specifically rock, prevented underground parking. Considerations: Various projects are proposed in the redevelopment area bounded by Wells Avenue, Jefferson Street, Shenandoah Avenue and Gainsboro Road. These include an office building by the Roanoke Neighborhood Development Corporation (RNDC), a housing development by the Roanoke Redevelopment and Housing Authority (RRHA), and a higher education center by the Roanoke Higher Education Authority. These developments generate the need for public improvements in the area which are shown on the attached plan and include the following: · parking garage on Shenandoah Avenue (see attached rendering and supplemental information for 321 car garage, with expansion capability) · utility repair, upgrade, and extension of existing water, sewer, and storm drains · curb, gutter, sidewalk, street lighting, and landscaping consistent with the design of recent public improvements to Wells Avenue public surface parking lot for 93 cars (Henry Street and Wells Avenue) public plazas with patterned paving for traffic calming and special events on Henry Street in the vicinity of the proposed Crew Suites Office Building and the Shenandoah Avenue Parking Garage alley closures (previously acted upon) and construction of new section of Jordan Alley between its existing location north of Centre Avenue to a terminus on Wells Avenue The Comprehensive Plan recommends that: · The commercial industrial and residential growth and development should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. · Roanoke's downtown should continue to evolve as the region's "central business district" for office, financial, supporting retail, cultural, entertainment and governmental services. · Development of new commercial areas in the city should be carefully planned and designed to promote quality development and good land use. · Development of housing in downtown should be encouraged with both public and private initiatives. New housing should be encouraged to respond to current needs and trends. These proposed public facilities are not specifically identified or included in the City's Comprehensive Plan. Therefore, in order to proceed with the subject public facilities and improvements, the governing body must find that they are substantially in accord with the Comprehensive Plan. Review of the Comprehensive Plan finds that these facilities do not conflict with other proposed public facilities or designated improvements in the area and their construction would be consistent with the policy recommendations set forth in the plan. Recommendation: The Planning Commission by a vote of 5-0 (Mr. Manetta and Mrs. Duerk absent) found that the subject public improvements are substantially in accord with the Comprehensive Plan and recommended that City Council make the same finding. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission CC: Darlene L. Burcham, City Manager William Hackworth, City Attorney 4 GAINSBORO PARKING GARAGE As development started to take shape with the Gainsboro area, it was quickly noted that parking was needed by each stake holder. A survey of the developing neighborhood by a parking consultant and another by a planning consultant hired by RNDC identified one most-likely site for a garage to accommodate at least some of the obvious parking needs for the new Higher Education Center and the new residential facility. The third NS property, the old Records Building occupied a portion of the selected site. Despite unity on location, each stake holder group had its own thoughts about the proposed garage's design. The education center wanted nearly 300 spaces for students, faculty and administrators, The residential facility wanted designated parking for residents, but did not want to look out its window to see a gray concrete monolith adorned with cars. Also, the RNDC feared that a too-tall structure would block downtown skyline viewshed from other potential development sites in Gainsboro. The City said "whatever you do, we can only contribute $5 million to pay for it". The Higher Education Center wanted "lots of spaces and soon" since that facility was closing in on its opening date. The Housing Authority, with its residential apartments located directly adjacent to the proposed site, did not want a tall structure blocking light to apartment units facing the garage, or creating an unattractive viewshed for those residents. The RNDC wanted a Iow-profile solution that would maintain the neighborhood's visual link with downtown. The also wanted a smaller footprint design to preserve space for future retail development, and a "pleasing" west elevation facing into the old Henry Street business district. No one got all of what they wanted. The first "victim" in the design compromise was parking capacity. Instead of a garage three-bays deep, the scale was reduced to two bays on four levels. Although various consultants had identified a need for approximately 625 spaces, the budget for the garage would only allow for a design that meets about half of that figure. Eliminating a third bay, though, preserved one vital strip of frontage property for future retail development at the garage's rear. Limiting the height preserved another RNDC concern, keeping a visual link across the tracks from Gainsboro to downtown. Although parking capacity was below what some wanted, the design allows for future expansion. Landscaped terracing on the east elevation facing the residential high rise will provide an attractive view for apartment dwellers and the public. The garage's total appearance will be enhanced by a brick veneer at the two lower levels. The architectural expression of the building base, as well as the brick itself, are all compatible with the adjacent renovated buildings' historic art deco design. This treatment also enhances the area's general appearance to the rail line and downtown, a desire of the Downtown Roanoke organization, as well as giving a facelift to the new Henry Street area on the west front. C: -.I ~ m~rt mit m -< The Roanoke Times Roanoke, Virginli~ Affidavit of Publi~ti~n The Roanoke Tird~Fs i' ~. :08 + ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Gainsboro Re 01501724 Gainsboro Redevelopm 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 of Sept~ ~t~ hand and official seal. ° ...... Notary Public My commission expires --~--~7 PUBLISHED ON: 09/01 09/08 TOTAL COST: 143.19 NOTICE OF PUBUC ~EARING TO WHOM IT MAY CONCERN: Roanoke will hold a Public 18, 2000, at 7:00 p.m., or as may be heard, in the Cafetoda at William Ruffner Middle School, located at 3601 Femc- lift Avemm, in order to coflMder bom Redevelopment Arml, as well ~ Imbllc Infi'a~ructure Improvemen~ illuatrat, nd in the subethrdMIly in acco~ with the I~n. .a~ for re, My in tbe Ofllce of about the content of the m(W~t ~houM be directed to All *prat les in Intoreat may appear o~. the.abeqm date and Gn/l~ under my bend Uds 28th (1501724) FILED O~_.~9~13/00 ......................... ........................... A~hor~l~ed Signature~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Cafeteria at William Ruffner Middle School, located at 3601 FerncliffAvenue, in order to consider the request from the City of Roanoke for a determination that proposed street and alley closures in the Greater Gainsboro Redevelopment Area, as well as public infrastructure improvements illustrated in the Henry Street Master Plan, are s. ubstantially in accord with the City's adopted Comprehensive Plan. A copy of said request is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the request should be directed to the Office of Community Planning, 853-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28thday of August ,2000. Mary F. Parker, City Clerk. H: \NOT1CE\N-Gainsboro-ln frastructurcImprovs_Conformity_9_ 18-00 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 September 18, 2000 Honorable Mayor Ralph K. Smith and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Neighborhood Design District It has come to my attention that the proposed zoning ordinance amendments relating to City Code Section 36.1-393 (Neighborhood Design District) and Section 36.1-403 (Front Yard Requirements for Infill Developments) should not be adopted as presently written due to a minor editing error. Therefore, I am requesting that these amendments be referred back to the City Planning Commission for further consideration and recommendation back to City Council. On behalf of the Commission, please accept our apologies for any inconvenience to the public that this may have caused since the matter was advertised for public hearing. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission City Manager City Attorney City Clerk Assistant City Manager for Community Development Agent, Roanoke City Planning Commission Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The Roanoke Times~ /! Roanoke, V~nia~ · ~ i . ~. Affidavit of ~bl~a~o~M.. The Roanok4~d T~o ~'~Z:08 ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Chpt 36.1 St 01501736 Chapter 36.1 Stds. 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 /7_~_day of September 2000. Witne~s my hand and official seal.__~z{_~_~__~_~~ , Notary Public NOTICE OF PUBUC HEARING TO WHOM IT MAY CON~ , §15.2-2204, Code of Vl~jpnla (1950), as amended, the c# of the CRy'of Roanoke will h~d a Puldic Hearing on ~Mo~- day, September ~8, 2000, at · 7:00 p.m., or as soon tbe~at- tar as the matter may be heard, in the Ca~teda at Wtl- located at 3601 Fmllcliff A~A~- nco, N.W., in o~ler to consider an amendmer~ a~d r~4-~on tO the C~y of Roafmke (1979), as emeflded. The proposed amendment would amend §36.1.393,1 S1RUCTION, of ArtJcJe III, DIS- tel* 36.1, ZONING, of the Code of the City of Roanoke (~979), 403, FRONT YARD REQUIRE- MENTS FOR INFILL DEVELOP- MENTS, of Article IV, SUPPLEMENTARY REGULA- TIONS, of Chapte~ 36.1, ZON- ING, of the Code of the City of Roanoke (~979), as amended, ap~y to any ne~h~omood mat is zoned ND, Neighborhood Dasign INst]~.'t A copy of said proposed amendment is avail- able for m~4ew In the Offtoe. of about the coatent of* the pro- / poaed regulation should be munity Fqanning, 853-2344. All parUas in interest may appear on the above date and GNEN under my hand this 28th My commission expires ___ . (~1736) PUBLISHED ON: 09/01 09/08 TOTAL COST: 203.13 ............................ + ........................... .... ~ T-- ature --~- CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #24-79-137-330 Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: I am attaching copy of Ordinance No. 35074-091800 repealing Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for electric, gas, water, and telephone utility taxation, in accordance with recently passed legislation, effective October 5, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment Darlene L. Burcham James D. Grisso September 20, 2000 Page 2 pc: The Honorable of Virginia The Honorable Virginia The Honorable The Honorable Virginia The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of 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 The Honorable JaCqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Sherman A. Holland, COmmissioner of the Revenue Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Dana D. Long, Chief of Billings and Collections 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) 853-6425 Fax: (540) 853-2027 E-mail: clerk@ci.roanoke.va.us September 25, 2000 STEPHANIE M. MOON Depu~ Ci~ Cl~k File #24-79-137-330 CERTIFIED MAIL - RETURN RECEIPT REQUESTED American Electric Power American Electric Power Service Corporation RGC Resources, Inc. Roanoke Gas Company Ladies and Gentlemen: I am enclosing copy of Ordinance No. 35074-091800 repealing Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for electric, gas, water, and telephone utility taxation, in accordance with recently passed legislation, effective October 5, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, ~~)~ Mary F. Parker, CMC City Clerk MFP:vbc Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35074-091800. AN ORDINANCE repealing Article VII, Tax on Purchase of Utility Services~ of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended; and enacting new Article VII.I, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, to provide for electric, gas, water, and telephone utility taxation, in accordance with recently passed legislation; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED, effective October 4, 2000. 2. Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, is hereby amended by the enactment of new Article VII.I. to read and provide as follows: ARTICLE VII.I. TAX ON PURCHASE OF UTILITY SERVICES Sec. 32-168. Definitions. The following words and phrases, when used in this article, shall have the following respective meanings, except where the context clearly indicates a different meaning: Consumer:. The word "consumer" means every person who, individually or through agents, employees, officers, representatives or permittees, makes a taxable purchase of electricity, natural gas, telephone or water services in the city. CCF: The abbreviation "CCF" means the volume of gas at standard pressure and temperature in units of one hundred (100) cubic feet. Kilowatt hours (kWh) delivered'. The phrase "kilowatt hours(kWh) delivered" means one thousand (1000) watts of electricity delivered in a one- hour period by an electric provider to an actual consumer, except that in the case of eligible customer-generators (sometimes called cogenerators) as defined in Virginia Code §56-594, it means kWh supplied from the electric grid to such customer-generators, minus the kWh generated and fed back to the electric grid by such customer-generators. Person: The word "person" shall include a body politic, a firm, parmership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual. Pipeline distribution company: The phrase "pipeline distribution company" means a person, other than a pipeline transmission company which transmits, by means of a pipeline, natural gas, manufactured gas or crude petroleum and the products or byproducts thereof to a purchaser for purposes of furnishing heat or light. Purchaser: The word "purchaser" shall include every person who purchases a utility service. Residential consumer: The phrase "residential consumer" means the owner or tenant of property used primarily for residential purposes, including but not limited to, apartment houses and other multiple-family dwellings. Seller: The word "seller" shall include every person, whether a public service corporation or not, who sells or furnishes a utility service. Service provider. The word "service provider" means a person who delivers electricity, telephone or water service to a consumer or a gas utility or pipeline distribution company which delivers natural gas to a customer. Used primarily: The phrase "used primarily" relates to the larger portion of the use for which electrical, water, telephone, or natural gas utility service is furnished. 2 Utility service: The phrase "utility service" shall include local exchange telephone service, electricity service, gas service, and water service delivered in the corporate limits of the city. Sec. 32-169. Electric Consumer Utility Tax. (a) In accordance with § 58.1-3814 of the Code of Virginia (1950) as amended, effective January 1, 2001, there is hereby imposed and levied a monthly tax on each purchase of electricity delivered to consumers by a service provider, classified as determined by such provider, as follows: (1) Residential consumers: such tax shall be the greater of: (a) the rate of $0.00780 for the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider and $.00450 for each kWh over the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider; or (b) twelve percent (12%) of the minimum monthly charge made by the seller against the purchaser with respect to each utility service; provided however, that during the periods from October first of each year through May thirty-first next following, the tax herein imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of electricity to a purchaser thereof under a domestic service contract who uses such electricity as the principal source of space heating in a purchaser-occupied private home or a purchaser-occupied private residential unit, on each separate meter or location of the purchaser. (2) Non-residential consumers: such tax on non-residential consumers shall be at the rates per month for the classes of non-residential consumers as set forth below: (i) (ii) Commercial consumers: such tax shall be the greater of (a) the rate of $0.00800 for the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider, and $0.00540 on each kWh over the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider; or (b) twelve percent (12%) of the minimum monthly charge imposed by the service provider. Industrial consumers: such tax shall be the greater of(a) the rate of $0.00680 for the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider, and $0.00395 on each kWh over the first 1,000 kWh or fraction thereof delivered monthly to such consumer by a service provider; or (b) twelve percent (12%) of the minimum monthly charge imposed by the service provider. (3) The conversion of tax pursuant to this article to monthly kWh delivered shall not be effective before the first meter reading after December 31, 2000, prior to which time the tax previously imposed by the city shall be in effect. (4) The service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to the city on a monthly basis. Such taxes'shall be paid by the service provider to the city in accordance with § 58.1-3814, paragraphs F. and G., § 58.1-2901 of the Code of Vir~nia (1950), as amended, ffany consumer receives and pays for electricity but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer, ff any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for electric service and the tax and remit the tax portion to the city. Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, covering the amount of tax collected during the preceding month. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. (5) Bills shall be considered as monthly bills for the purposes of this section if submitted twelve (12) times per year of approximately one month each. Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the kWh will be divided by 2; (ii) a monthly tax will be calculated using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by 2; (iv) the tax in (iii) may not exceed twice the 4 monthly "maximum tax." Sec. 32-170. Natural Gas Utili _ty Tax. (a) In accordance with §58.1-3814 of the Code of Virginia (1950), as amended, effective January 1, 2001, there is hereby imposed and levied a monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by "class of consumers" as such term is defined in Vir~nia Code § 58.1-3814 J, as follows: (1) Residential consumers: such tax shall be the greater of: (a) the rate of $0.13 per CCF or fraction thereof delivered monthly to such consumer by a service provider; or CO) twelve percent (12%) of the minimum monthly charge made by the seller against the purchaser with respect to each utility service; provided, however, that during the periods from October first of each year through May thirty-first next following, the tax herein imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of gas to a purchaser thereof under a domestic service contract who uses such gas as the principal source of space heating in a purchaser-occupied private home or a purchaser-occupied private residential unit, on each separate meter or location of the purchaser. (2) Non-residential consumers: such tax on non-residential consumers shall be at the rates per month shown for each CCF delivered by a pipeline distribution company or a gas utility for the classes as set forth below: (i) (ii) (3) Commercial consumers: such tax shall be the greater of: (a) the rate of $0.08 per CCF or fraction thereof delivered monthly to such consumer by a service provider; or Co) twelve percent (12%) of the minimum monthly charge made by the seller against the purchaser with respect to each utility service. Industrial consumers: such tax shall be the greater of: (a) the rate of $0.008 per CCF on each CCF delivered monthly to industrial consumers; or CO) twelve percent (12%) of the minimum monthly charge made by the seller against the purchaser with respect to each utility service. The conversion of tax pursuant to this article to monthly CCF delivered shall not be effective before the first meter reading after December 31, 2000, prior to which time the tax previously imposed by the city shall be in effect. (4) The service provider shall bill the local natural gas utility tax to all users who are subject to the tax and to whom it delivers natural gas and shall remit the same to the city on a monthly basis. Such taxes shall be paid by the service provider to this jurisdiction in accordance with §58.1-3814, paragraphs H. and I. and §58.1-2901of the Code of Vkginia (1950), as amended. If any consumer receives and pays for gas but refuses to pay the tax imposed by this section, the service provider shall notify the city of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its normal collection procedures and upon collection of the bill or any part thereof must apportion the net amount collected between the charge for natural gas service and the tax and remit the tax portion to the city. Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or before the twentieth day of each month, coveting the amount of tax collected during the preceding month. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to the city. (5) Bills shall be considered as monthly bills for the purposes of this section if submitted 12 times per year of approximately one month each. Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the CCF will be divided by 2; (ii) a monthly tax will be calculated using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by 2; (iv) the tax in (iii) may not exceed twice the monthly "maximum tax." Sec. 32-171. Local Water and Telephone Utilily Tax. (a) There is hereby imposed and levied by the city, upon each and 6 every purchaser of a water and local exchange telephone service, a tax in the amount of twelve percent (12%) of the charge made by the seller against the purchaser with respect to each service, on each separate meter or location of the purchaser. (b) Every seller with respect to which a tax is levied under this section shall collect the amount of tax imposed under this article from the purchaser on whom the same is levied at the time of collecting the purchase price charged for the utility service. Taxes collected by the seller shall be held in trust by the seller until remitted to the city. (c) Every seller with respect to which a tax is levied under this article shall make out a report, upon such forms and setting forth such information as the director of finance may prescribe and require, showing the amount of utility services purchased, the tax required to be collected and the name and address of any purchaser who has refused to pay his tax, and shall sign and deliver such report to the treasurer with a remittance of such tax. Such reports and remittance shall be made on or bgfore the twentieth day of each month, covering the amount of tax collected during the preceding month. Sec. 32- 172. Exemption,for governmental agencies. The United States of America, the Commonwealth of Virginia, and the political subdivisions, boards, commissions, and authorities thereof are hereby exempt from the payment of the taxes imposed and levied by this article with respect to the purchase of utility services used by such governmental agencies. Sec. 32- 173. Maximum tax allowable. With respect to each utility service purchased, the amount of any single tax imposed upon the purchaser shall be limited to a maximum of two thousand four hundred dollars ($2,400.00) per month, applied to each separate meter or location of the purchaser. Sec. 32-174. A_oplicability to. telephone service. The tax imposed and levied by this article on purchasers with respect to telephone service shall apply to all charges made for local exchange telephone'service, except that such tax shall not apply to the following charges for local exchange telephone services: (1) Local messages which are paid for by inserting coins in coin- operated telephones. (2) PBX, centrex and multi-line key button systems furnished to commercial accounts. Sec. 32-175. Applicability to mobile local telecommunication service. (a) There is hereby imposed and levied by the city upon each and every purchaser orconsumer of mobile local telecommunication service provided by a mobile service provider or by retailers of cellular telephone service a tax in the mount often (10) percent of the monthly gross charge made by the seller against the purchaser or consumer with respect to each mobile local telecommunication service, which tax, in every case, shall be collected by the seller from the purchaser or consumer and shall be paid by the purchaser or consumer to the seller for the use of the city at the time that the purchase price or such charges shall become due and payable under the agreement between the purchaser or consumer and the seller; provided, however, that the tax hereinabove imposed shall not be deemed to apply to that part of the charge in excess of thirty dollars ($30.00) per month made by any seller of said mobile local telecommunication service to any mobile service purchaser or consumer thereof. (b) This tax is imposed or levied on a taxable purchase by a purchaser or consumer of such service, if the purchaser's or consumer's service address is located in the city. (c) The tax on mobile local telecommunication service .qhall be administered pursuant to this article, including definitions, duties, procedures and penalties to the extent not inconsistent with this section. (d) "Mobile local telecommunication service" shall mean any two-way mobile or portable local telecommunication service, including cellular mobile radio telecommunication service and specialized mobile radio. (e) The terms "consumer," "gross charge," "mobile service consumer," "mobile service provider," "service address," and "taxable purchase" shall have the meanings as provided in section 58.1-3812, Code of Vir~nia (1950), as amended, and such definitions are incorporated herein by reference. 8 Sec. 32-176. Computation. In all cases where the seller collects the price for utility services periodically, the tax imposed and levied by this article may be computed on the aggregate mount of purchases during such period; provided that, the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Sec. 32-177. Seller's records. Each and every seller shall keep and preserve for a period of three (3) years complete records showing all purchases of utility service in the city, which records shall show the price charged against each purchaser with respect to each purchase, the date thereof, and the date of payment thereof, and the amount of tax imposed under this article. The director of finance shall have the power to examine such records at reasonable times and without unreasonable interference with the business of the seller, for the purpose of administering and enforcing the provisions of this article and to make copies of all or any parts thereof. Sec. 32- 178. Duty of director of finance to collect. The director of finance shall be charged with the duty of collecting the taxes levied and imposed by this article and shall cause the same to be paid into the general treasury of the city. Sec. 32-179. Failure to pay; violations, of article. Any purchaser failing, refusing or neglecting to pay the tax imposed or levied by this article and any seller, or any officer, agent or employee of any seller, violating the provisions of this article shall be guilty of a Class 1 misdemeanor. Such conviction shall not relieve any such person from the payment of the tax imposed by this article. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 32-180. Failure to remit. If any person shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty often percent (10%) of the amount of the tax. N:\CAI)C~M~~i~ Sec. 32-181. Monitoring tax payments. The director of finance shall monitor and oversee the accuracy, timeliness and completeness of the payment of taxes levied under this article to the city. The director of finance shall adopt and promulgate such roles and regulations not inconsistent with the provisions of this article as deemed necessary for the effective administration of this section. 2. The City Clerk is directed to send forthwith an attested copy of this ordinance, by certified mail, to the registered agent of every utility corporation or private distribution company affected by this ordinance, in conformance with § 58.1-3814. B., Code of Virginia. 3. 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 October 5, 2000. ATTEST: City Cler~ lO JAMES D. GRISSO Director of Finance CITY OF ROANO DEPARTMENT OF FINANCE 215 ChurChRAvenUe,O. Box 1S'W"220 Room 461 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Ordinance changes to comply with Electric and Gas Deregulation Legislation Background: The Virginia General Assembly passed legislation deregulating the electric and gas industries in the state. Accordingly, localities in Virginia, including the city of Roanoke are required to amend their consumer utility tax and utility license tax ordinances before October 31,2000. With deregulation, electricity and gas services will be "unbundled" wherein the generator of energy will be separated from the deliverer of energy. Consumers will have the option of purchasing their electricity or gas service from a choice of different companies. These generators or suppliers of energy may be located outside of Virginia. Federal law prohibits local governments from requiring out-of-state companies to collect the tax from residents and businesses in its present form. For this reason, the tax basis must be changed from a percentage of the dollar amount Paid by the consumer to a tax based on the amount of energy consumed. Studies have estimated that if the industry were deregulated without modifying state and local tax structures that the total revenue loss would be $200 million and that one half or $100 million would be local revenue loss. The only way to ensure that local governments do not lose substantial revenue in a deregulated environment is to change the basis of the tax to consumption, i.e. kilowatt hours for electricity or 100 cubic feet for gas. The Virginia Municipal League has provided a model ordinance to aid localities in converting their consumer utility tax ordinances to a consumption based tax. It is important to note that while the method for calculating the consumer utility tax will change, the amount of consumer utility tax that a consumer pays each month on their electric or gas bill should remain virtually the same. State legislation affects two local taxes: 1) the consumer utility tax and 2) the utility license tax. As noted above, the consumer utility tax will be changed to a consumption based tax that will have little effect on current revenues. On January 1, 2001, three taxes will be replaced by a state-wide "consumption tax." These three taxes are a) the local utility license tax; b) the state gross receipts tax and c) a regulatory tax imposed by the State Corporation Commission. State law requires that these three taxes be replaced with a "consumption tax" on January 1, 2001. Thereafter, consumers will see a new line on their electricity and gas bills that says "consumption tax." Although the line on the bill will be new, consumers have been paying the three taxes indirectly for years. These taxes were "imbedded" in the rates of the utility companies and will now be listed as a single tax. The city of Roanoke currently collects a Utility License Tax at the rate of $.40 per $100 of gross receipts and this rate has been in effect since 1980. The maximum tax allowed by state law is one half of one percent or $.50 of $100. The maximum tax amount will be collected state-wide from all consumers on January 1, 2001. If the city of Roanoke does not raise its tax rate to the state's maximum tax rate, then the state will collect and retain the difference between the city's current rate and the maximum rate, in the state's general fund. Revenue Impact: In evaluating the changes that needed to be made to state and local taxes, local governments, industry representatives, and legislators were committed to the concept of revenue neutrality which means a level playing field between in-state and out-of-state energy suppliers; minimal loss of revenue to state and local governments; and, no increase in the tax burden on any class (residential, commercial, or industrial) of electric or gas customer. The increase of the utility license tax from $.40 per $100 of gross receipts to one half of one percent ($.50 per $100) will result in a nominal amount of revenue. However, if this change is not made, all citizens will be paying the tax at the higher rate and the state's general fund will retain the difference between the city's rate and the state's allowable maximum rate. If the changes to the consumer utility tax and the utility license tax are not made, the city of Roanoke could lose $8 million annually because the present authority to levy this tax lapses on December 31, 2000. Historically, the city of Roanoke has achieved tax revenue growth due to utility company rate increases. With the new tax structure being based on consumption units, tax growth will not occur from utility rate increases. Further, the Code of Virginia prohibits any local tax rate adjustments until after January 1, 2004. Considerations: Any locality that has not changed its local consumer utility tax ordinance by October 31,2000, risks losing consumer utility tax revenue because the present authority to levy this tax lapses on December 31, 2000. Sixty days notice is required to be given to electric and gas companies. If the City of Roanoke does not increase its utility license tax to the maximum rate before December 31,2000, then a portion of the new, state-wide consumption tax paid by the city's residents and businesses that is supposed to be returned to the city of Roanoke will instead be paid to and retained by the state. The Code of Virginia requires that a public hearing occur prior to final amendment to the consumer utility tax and utility license tax ordinances, even though technically the consumer utility tax rate change is not a rate increase. Recommended Action(s): City Council adopt the attached ordinance amending the electric and gas consumer utility tax in accordance with recently passed state deregulation legislation and the utility license tax to provide for the state allowable maximum tax. Respectfully submitted, Director of Finance City Manager Attachments C~ William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman Holland, Commissioner of the Revenue Jesse A. Hall, Deputy Director of Finance Dana D. Long, Chief, Billings & Collections NOTICE OF PUBLIC HEARING The City of Roanoke proposes to repeal Article VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, and enact new Article VII. 1, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, and amend § 19-76, Public Service Companies, of Article III, of Chapter 19, License Tax Code, of the Code of the City of Roanoke, (1979), as amended, in order to comply with recently passed legislation by the Virginia General Assembly deregulating the electric and gas industries in the state. Article VII will change the tax from one based on expenditures, to a tax based on consumption. The amendment to § 19-76 will increase the utility license tax to the state-allowed maximum rate. Pursuant to the requirements of §58.1-3007, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matters at its regular meeting to be held on September 18, 2000, commencing at 7:00 p.m., in the cafeteria of Ruffner Middle School, located at 3601 Ferncliff Avenue, N.W., Roanoke, Virginia 24017. Further information is available in the Office of Billings and Collections, 252 Municipal Building, 215 Church Avenue S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 7 th day of September, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, September 10, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. ROanoke, Virginia 24011 H:\Notices\elec2.wpd Roanoke,~,'?~i~ginia ~ ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 taxes 01507180 taxes 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 _/_2_~_day of September 2000. Witness my hand and official seal. ~~_~_~_6~_'_ ...... Notary Public My commission expires ~ ~/ ~_~ ~. PUBLISHED ON: o$/zo TOTAL COST: 126.94 Chapte~ 3:2, Taxation, of the (:1979!, as amemMd, and enact new Ai~ VIIJ~ Talx on 32, Tmultk~, of the (~B79), .s amended, and am~td ~19-76, Public Compml~ of AflJc~ III, of Roam~e, (1979), a~ amm~ed, In~ in the Mate. A~tlcle anmndment to J10-76 will to the ~tate-allowed maximum rate. glnla (1960), as amended, Ro~lnoke will hold ii puiMIc conmmneing et 7:00 p.m., In Sohoo/, Ioca~d at 3601 Femc- lift Av~oue, N.W., Roanoke, VIr- 81nlal 24017. Further I~- tim1 k~ ava~ In the Office of BilHn~ mid ColleetJon~ 252 aunlcip~l Building, 215 Avenue S.W., Rommke, Vl~a 24011. ~ ~half'ltave the oppOrtu. GIVEN u~dm' my Imnd thru 7th MmY F. Pmker, C~y C~m. (16o71eo) Au~or i z ~d S ignat~-~e ~/ The Roanoke Roanoke, Affidavit o f .~ub.~ i c~ iccp ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 taxes 01507180 taxes 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 /7~/~day of September 2000. Witness my hand and official seal. ~--~--~F~ , Notary Public My commission expires _~~ ..... . PUBLISHED ON: 07/10 TOTAL COST: 126.94 NOTICE OF PUBLIC HEARING to repeal ~ Vll, Tax o. Pur- e of Utility S~r/.~, of Chapter 32, Taxation, of the (1979), aa amended, arid enact new AIIMM VIJ.1, Tax on., 32, Taxation, of the (1979), aa amended, and amend ~9-76, Pmb#c See,Ace ~ of Aztiele III, of .R~., (J979), as amended, Induetn~ In the &tare. article vii wlfl ehen~e the tax h~om o~e to e tam antendment to !19-76 will rate. ~lnle (19~0), aa (~ofsmlmlebtg ~ 7:00 p.m., In lift ~ue, N.W., Roanoke, Vlr- giNa 24017. Fugth~r Infom~- Murdo~ Sullen& 22~ Avenue $.W., Roanoke, 24011. AG~or i~ed Signature IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181:h day of September, 2000. No. 35075-091800. AN ORDINANCE amending and reordaining § 19-76, P~ublic Service Companies, of Article III, of Chapter 19, License Tax Cod_e, of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the utility license tax to the maximum rate, pursuant to the provisions of the foregoing article; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 19-76, _Public Service Companies~ of Article III, '~pecial License Taxes, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE III. SPECIAL LICENSE TAXES Sec. 19-76. _Public service companie~ Effective December 30, 2000, there is imposed on every public service company doing business in this city, the following annual license taxes: (1) Every person engaged in the business of selling water, gas, heat or electricity in this city shall pay a license tax of one-half of one percent ($0.50) on each one hundred dollars ($100.00) of gross receipts derived from such business in the city. (2)' Every person engaged in the telephone business and operating one (1) or more telephone exchanges in the city, shall pay a license tax of two and four/tenths (2.4) per cent of the gross receipts from local telephone exchange service within the city and from local telephone directory listings and advertising received by such person from business done in the city. Such gross receipts shall include only receipts from business done exclusively in this city and shall exclude receipts from business done to and from points outside this state and receipts from any business done with the government of the United States. (3) Every person engaged in the business of sending telegrams from the city to a point within the state and of receiving telegrams in the city from a point in the state, excluding telegrams sent to or received by the governments of the United States or the Commonwealth of Virginia, shall pay a license tax of four hundred and forty dollars ($440.00). 2. The City Clerk is directed to send forthwith an attested copy of this ordinance, by certified mail, to the registered agent of every utility corporation or private distribution company affected by this ordinance, in conformance with § 58.1-3814. B., Code of Virginia. 3. 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. HVCADCLMeasures\utilitylicensetax CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 20, 2000 File #24-79-137-330 Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: I am attaching copy of Ordinance No. 35075-091800 amending and reordaining Section 19-76, Public Service Companies, of Article III, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, providing for an increase in the utility license tax to the maximum rate. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Darlene L. Burcham James D. Grisso September 20, 2000 Page 2 pc: The Honorable Virginia The Honorable Virginia The Honorable The Honorable 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 Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Sherman A. Holland, Commissioner of the Revenue Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy.^. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate 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) 853-6425 Fax: (540) 853-2027 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk September 27, 2000 File #24-79-137-330 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Dear Sir or Madam: I am enclosing copy of Ordinance No. 35075-091800 amending and reordaining Section 19-76, Public Service Companies, of Article III, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, providing for an increase in the utility license tax to the maximum rate. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 18, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of September, 2000. No. 35075-091800. AN ORDINANCE amending and reordaining § 19-76, Public Service C omvanies, of Article III, of Chapter 19, License Tax Code. of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the utility license tax to the maximum rate, pursuant to the provisions of the foregoing article; and providing for an emergency. BE IT ORDAINED-by the Council of the City of Roanoke that: 1. Section 19-76, Public Service Companies. . of Article Ill, Special License Taxes. of Chapter 19, License Tax Code. of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE 1TI. SPECIAL LICENSE TAXES Sec. 19-76. Public service companiea Effective December 30, 2000, there is imposed on every public service company doing business in this city, the following annual license taxes: (1) Every person engaged in the business of selling water, gas, heat or electricity in this city shall pay a license tax of one-half of one percent ($0.50) on each one hundred dollars ($100.00) ofgr0s.s receipts derived from such business in the city. (2) Every person engaged in the telephone business and operating one (1) or more telephone exchanges in the city, shall pay a license tax of two and four/tenths (2.4) per cent of the gross receipts from local telephone exchange service within the city and from local telephone directory listings and advertising received by such person from business done in the city. Such gross receipts shall include only receipts from business done exclusively in this city and shall exclude receipts from business done to and from points outside this state and receipts from any business done with the government of the United States. (3) Every person engaged in the business of sending telegrams from the city to a point within the state and of receiving telegrams in the city from a point .in the state, excluding telegrams sent to or received by the governments of the United States or the Commonwealth of Virginia, shall pay a license tax of four hundred and forty dollam ($440.00). 2. The City Clerk is directed to send forthwith an attested copy of this ordinance, by certified mail, to the registered agent of every utility corporation or private distribution company affected by this ordinance, in conformance with § 58.1-3814. B., Code of Virginia; 3. 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. City Clerk. I-IVCADC'SMea.~ur~\ufili01icen~elax