HomeMy WebLinkAboutMins 02/18/03 - 07/07/03
NOTICE
Pursuant to Commonwealth of Virginia, Library of Virginia Records
Management and Imaging Services Division, Records Retention and
Disposition Schedule, General Schedule No.4, County, City and Town
Administration Records, Series No. 010001; and General Schedule No.
19, Administrative Records, Series No. 010037, those items referred to
in the Minutes for full text other than Ordinances and Resolutions
have been destroyed in compliance with Guidelines provided by the
Library of Virginia.
Mary F. Parker, City Clerk
1
REGULAR WEEKLY SESSION.....ROANOKE CITY COUNCIL
February 18, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 18, 2003, at 2:00 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2.15, Rules of Procedure, Rule 1,
Reaular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, William H. Carder, M. Rupert Cutler and Mayor Ralph K.
Smith...........................................................................................................6.
ABSENT: Council Member Alfred T. Dowe, Jr.............................................1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Horace D. Light,
Pastor, Hollins Road Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring Tuesday,
February 18, 2003, as former Congressman Jim Olin Day. He presented Mr. Olin with
a Key to the City, and he presented Mrs. Olin with a crystal star.
BUDGET.MANAGEMENT AND BUDGET: The Mayor advised that the City of
Roanoke's Department of Management and Budget has been honored by the
Government Finance Officers Association with its Distinguished Budget
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Presentation Award, which represents a significant achievement by the City of
Roanoke. He stated that the award reflects the commitment of the governing body
and staff to meeting the highest principles of governmental budgeting; in order to
receive the budget award, the recipient must satisfy nationally recognized guidelines
for effective budget presentation and these guidelines are designed to assess how
well the recipient's budget serves as a policy document, a financial plan, an
operations guide and a communications device.
The Mayor presented a Certificate of Recognition for Budget Preparation and
a Distinguished Budget Presentation Award to the City Manager and to Barry Key,
Director of Management and Budget, with the congratulations ofthe Council and the
citizens of the City of Roanoke.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to three requests for closed session.
MINUTES: Minutes of the regular meeting of City Council held on Monday,
November 20, 2000, and the regular meeting held on Monday, January 6, 2003, were
before the body.
Mr. Bestpitch moved that the reading of the minutes be dispensed with and
that the minutes be approved as recorded. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler,
and Mayor Sm ith ......._.............................._.....................................................6.
NAYS: None....-.................................................-.........-........................0.
(Council Member Dowe was absent.)
COMMITTEES.CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2.3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
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Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2.3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ---...........-------------------------.......--------------------.--..--.....--------------6.
NAYS: None-------.---..........---------------------.........-------------------------.......------0.
(Council Member Dowe was absent.)
EASEMENTS-LICENSES-SPECIAL PERMITS: A communication from the City
Manager requesting that Council schedule a public hearing for Monday, March 17,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
a proposed encroachment into public right-of.way at 3308 Franklin Road, S. W., was
before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to hold a public hearing on Monday, March 17, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a proposed encroachment into
public right.of.way at 3308 Franklin Road, S. W. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith .----------------------.-------.-.......----------------------------.-.....-----------------6.
NAYS: None-------.--............-----------------.--........--------------------............-------0.
(Council Member Dowe was absent.)
AUDITS/FINANCIAL REPORTS-BUSES: Minutes ofthe meeting ofthe Greater
Roanoke Transit Company Audit Committee held on Monday, February 3, 2003, were
before the body.
Mr. Bestpitch moved that the minutes be received and filed. The motion was
seconded by Mr. Cutler and adopted by the following vote:
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AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith------.....-----......----........----......----......-----....------.....-----......--:.-..-6.
NAYS: None---......----........-----.....------......-------...-------...-.-----......------.......0.
(Council Member Dowe was absent.)
AUDITS/FINANCIAL REPORTS-MUNICIPAL AUDITOR: Minutes ofthe meeting
of the Audit Committee held on Monday, February 3, 2003, were before Council.
The following items were discussed:
City of Roanoke Letter of Recommendations on
Procedures and Controls
City of Roanoke Report to the Audit Committee
City of Roanoke Pension Plan Letter to the Pension
Committee
City of Roanoke Report of Agreed-Upon Procedures for
Enhanced E-911 Service Taxes
City of Roanoke Independent Accountant's Report on
Applying Agreed.Upon Procedures
Cellular Telephones
Mr. Bestpitch moved that the minutes of the Audit Committee be received and
filed. The motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ______..._______....______..._._____....______...._____......---......----.....-----....----6.
NAYS: None------...--------..--------..-------...-----------------.------------------.----------.--0.
(Council Member Dowe was absent.)
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CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to discuss disposition of
publicly-owned property, pursuant to Section 2.2.3711 (A)(3), Code of Virginia (1950),
as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in a Closed Meeting to discuss disposition of publicly-owned property,
pursuant to Section 2.2.3711 (A)(3), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ....-----------------------.----........---------------------.-...........-.----------------6.
NAYS: None-.........------------------------------.-.....-----------------------------.---.......--0.
(Council Member Dowe was absent.)
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a specific legal matter requiring the provision of legal advice by such counsel,
pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in a Closed Meeting to consult with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section
2.2.3711 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ------------------------.-.--...------------------------.-...----------------------.---.....6.
NAYS: None......-------------------------.......--------------------.---..-.....------------------.0.
(Council Member Dowe was absent.)
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REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
LANDMARKS/HISTORIC PRESERVATION: Alison S. Blanton, President,
Roanoke Valley Preservation Foundation, appeared before Council in support of
preservation of the Fairacres property located at 2713 Avenham Avenue, S. W. She
advised that the Roanoke Valley Preservation Foundation was founded in 1988 as
a valley.wide, non.profit organization for the purpose of promoting the preservation
ofthe historic natural and cultural resources ofthe Roanoke Valley; and its goals are
to promote an awareness of the Roanoke Valley's resources, encourage resource
protection, provide technical assistance, and develop broad based community
support. She explained that annually a list of endangered sites is developed to
promote awareness and recognition of resources in the Roanoke region that are
threatened; in addition to publicizing the list, the Preservation Foundation works
with property owners to inform them of the various available preservation tools, and
the Fairacres property was included on the 2002 endangered sites list. She stated
that annually, the Preservation Foundation announces preservation awards as a part
of National Preservation Week, in order to recognize those properties listed as
endangered with preservation awards; and past examples of this type of success in
Roanoke have included the Shenandoah Hotel, Norfolk and Western GOB North and
South, the passenger rail station, the Jefferson Center, and Grandin Theater, all of
which have contributed greatly to the successful development of Roanoke by
encouraging economic development and tourism and contributing to the quality of
life and sense of community that make Roanoke such an attractive place to live and
work.
Ms. Blanton advised that Fairacres is a unique property in the City of Roanoke;
the mansion, with its 2.5 landscaped acres, was built in 1912 by William C.
Stephenson, a prominent businessman closely involved in the early development of
Roanoke; despite conditions and circumstances oftoday, the property could never
be replaced, and it is important because it tells some of the story of the history of
Roanoke. She stated that Fairacres has currently been determined eligible for listing
on the Virginia Landmarks and the National Register of Historic Places, and the goal
of the Preservation Foundation is to preserve the integrity of the property, and to
maintain its historic eligibility, because it is important to have national register
properties in the Roanoke Valley; and the Preservation Foundation wishes
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to work with local governments, communities and property owners to preserve
properties that are important to Roanoke's heritage by providing information that
makes preservation a viable alternative. She stated that the organization looks
forward to working with the Roanoke Council of Garden Clubs and any potential
property owner to promote the preservation of Fairacres. She called attention to a
number of preservation tools that have been provided to the Council of Garden
Clubs and also to potential buyers, and the Preservation Foundation stands ready
to act as a resource in the preservation of Fairacres.
On behalf of the Roanoke Valley Preservation Foundation, Ms. Blanton
requested that Council recognize Fairacres as a significant property in the City of
Roanoke which is worthy of preservation.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., immediate past President
of Neighbors in South Roanoke, advised that the South Roanoke Neighborhood Plan
was completed in 1988 and Neighbors in South Roanoke identified the following
guidelines to help with future neighborhood development: community values, the
unique neighborhood character and quality of life in the area should be maintained
and protected, the historic and architectural history of the neighborhood are
important features that should be acknowledged and protected, gateway entrances,
new development and construction in the neighborhood should be compatible in
design and scale with the existing residential and commercial community, the
environmental character of the surrounding area and the neighborhood should be
protected, enhanced and maintained through good land planning and design, and
zoning should better reflect the existing use of land. She stated that the properties
surrounding Fairacres are used as RS.1, Single Family Residential District; and the
South Roanoke Plan specifically refers to the importance of historic and
architectural resources, therefore, Fairacres should be protected.
Ms. Vickie Tomlinson, 25 Claybrook Court, Blue Ridge, Virginia, a new
resident to the Roanoke Valley, called attention to the historic beauty of the
Fairacres property. Having lived in the Annapolis, Maryland, and Miami, Florida,
areas for many years, she referred to the benefits of historic preservation to the
community. She alluded to the beauty ofthe Fairacres property, with its raised panel
wainscoting in the dining area, open beam ceilings, the beautiful entryway and
balustrades, and raised panel solid oak sliding pocket doors, all of which add to the
beauty and craftsmanship that is a part of the American heritage. She commended
the Council on its efforts to preserve the downtown area and asked that the historic
integrity of Fairacres also be protected and preserved.
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George Kegley, representing the Roanoke Valley Preservation Foundation,
advised that the Preservation Foundation is not opposed to developing that portion
of Fairacres on the Longview Avenue side, however, he proposed that the integrity
of the building and the viewscape be protected on the Avenham Avenue side.
Mr. Cutler offered the following resolution:
"A resolution recognizing the architectural and historic significance of the
Fairacres property."
Mr. Cutler moved the adoption of the resolution. The motion was seconded
by Mr. Bestpitch.
Mr. Bestpitch advised that he was contacted by the President of the Roanoke
Council of Garden Clubs, Inc., which owns Fairacres and the surrounding property,
who expressed a concern that the Council of Garden Clubs was unaware that the
item was on the Council's agenda until shortly before the Council meeting. He
called attention to a communication from Charles H. Osterhoudt, Attorney,
representing the Roanoke Council of Garden Clubs, requesting that action on the
matter be delayed in order for the Council of Garden Clubs to address the issue;
whereupon, Mr. Bestpitch requested that action on the request ofthe Roanoke Valley
Preservation Foundation be deferred until the next regular meeting of Council on
Monday, March 3, 2003, at 2:00 p.m.
The Mayor advised that without objection by the Council, the matter will be
tabled until the regular meeting of Council on Monday, March 3, 2003, at 2:00 p.m.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
CITY EMPLOYEES-AFFIRMATIVE ACTION: The City Manager submitted a
communication advising that as one of the largest public employers in the Roanoke
Valley, it is important for the City of Roanoke to encourage participation in all
employment processes among the diverse population that it serves; with this goal
9
in mind, the City is focusing on two diversity related initiatives; i.e.: increasing the
diversity of its workforce, and developing the knowledge and skill base needed for
success in a diverse work environment; and Roanoke's success in accomplishing
these initiatives will make it a better organization and ultimately help the City to
reach the strategic goals set by Council.
It was further advised that efforts at increasing workforce diversity are based
on a broad and focused recruitment program; the City continues to forge
relationships and to develop partnerships between City staff, EEO/civil rights
organizations, colleges and universities, sororities, fraternities and other groups
interested in diversity, and progress has been made in this area.
The City Manager stated that clearly, the City is making headway in the area
of increasing diversity capacity, but it needs to take the next step, changing diversity
capacity from a training or a career development program offered by Human
Resources into "diversity: the way that we do business;" in a practical sense, the
City plans to change ownership of diversity from Human Resources to an internal
Leadership Diversity Advisory Group, and taking this next step is the way to make
diversity a part of the City's organizational culture, which effort has already begun.
It was further stated that the City's Leadership Team has embraced a new
leadership philosophy that specifically incorporates the concept of diversity; the
Leadership Team will also have responsibility for evaluating responses related to
diversity on the employee survey conducted by Virginia Tech during the latter part
of February; and using survey data as a starting point, the group will work to
understand individual and departmental impediments related to diversity, and advise
training staff, Human Resources and the City Manager concerning diversity
programs and policies.
It was noted that in order to improve the City's ability to recruit more women
and people of color, particularly in public safety positions, the City will continue to
refine its efforts to attract more women and minorities; and using ideas from an
advertising company, coupled with strategies to recruit at different venues, the City
intends to attract more women and people of color to City employment
opportunities.
The City Manager advised that a sound diversity strategy has been devised
and the City is headed in the right direction, particularly in the area of increasing
diversity capacity; the City has not been as successful as hoped in regard to hiring
10
more people of color, yet the City's hiring slowdown and a general attitude of
"hunkering down" among potential candidates exists in the hiring marketplace
today; and the City must continue in every way possible to attract a diverse pool of
candidates for City positions.
Mr. Ray Douglas, 3316 Kershaw Road, N. W., spoke on behalf of Brenda Hale,
President of the Roanoke Chapter, NAACP, who could not be present for the
meeting. He read a communication from Ms. Hale expressing appreciation to the
City Manager for the positive initiatives that have led to making the Roanoke City
workforce more diverse. He advised that the past three years, under the direct
leadership of Roanoke's City Manager, show that all City departments now employ
persons of color. He also expressed appreciation to the Roanoke City Department
of Human Resources, along with the Roanoke Chapter of the NAACP, which jointly
sponsored the second annual job fair in May, 2002; and advised that recruitment
efforts continue to be made at community colleges. On behalf of Ms. Hale, he called
attention to other efforts by the Roanoke Chapter of the NAACP which include
seeking partnerships with NAACP branches in other areas; and advised that it is
exciting that the Employment Development Program which was implemented in 2001
has provided City employees with the opportunity to advance withil1 the
organization; and the day long diversity program continues to be held and has
received 100 per cent participation. He called attention to major concerns in regard
to the inability to raise the number of minorities in public safety positions, with the
Police and Fire Departments still grossly under represented. On behalf of Ms. Hale,
he commended the City's ongoing initiatives that are bringing about positive
changes and the continued level of commitment related to a higher level of diversity.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., applauded Council's
directive to the City Manager to broaden the diversity found in Roanoke City
departments. She asked that Council also make an effort to include diversity in its
appointments to authorities, boards, commissions, and committees because
Roanoke's economy is national and international and City boards and commissions
should reflect wide based representation by Roanoke's citizens.
Ms. Wyatt expressed concern in regard to the role of women within thQ City
government organization, particularly in the area of protective services. She called
attention to the following percentages: Sheriff's Department - 22.2 per cent female,
Police Department - 27 per cent female, and Fire Department - 5.74 per cent female,
and noted that there is work that needs to be done in those areas.
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Vice-Mayor Harris commended the City's progress in connection with
providing a diverse workforce, and expressed appreciation to the Roanoke Chapter,
NAACP, for its partnership and cooperation with the City of Roanoke.
Mr. Bestpitch advised that while he appreciates the work of the City Manager
and the City administration, it is recognized that there are continued challenges to
be addressed. He called attention to a process for nominating and receiving
information on persons who are interested in serving on various City Council
appointed boards and commissions which is administered by the City Clerk on
behalf of the Council. He referred to numerous other localities that do not offer this
opportunity for their citizens, and advised that the City of Roanoke has an open
process of encouraging persons who are interested in volunteering their service to
complete nomination forms that are reviewed by Council prior to filling vacancies.
Without objection by Council, the Mayor advised that the City Manager's
communication would be received and filed.
FEE COMPENDIUM-OUTDOOR DINING: The City Manager submitted a
communication advising that on April 1, 2002, Council adopted Ordinance No. 35792-
040102 which provided for an outdoor dining permit program and amended the Fee
Compendium; fees per square foot of area approved for outdoor dining were as
follows: $6.50 per square foot for 2002; $7.00 per square foot for 2003; and $8.00 per
square foot for 2004; concerns regarding the fee structure limited applicants'
interest in applying for an outdoor dining permit and were addressed when Council
reduced the fees to $3.25 per square foot in Ordinance No. 35943-061702 adopted
on June 17, 2002; and in an effort to again provide an incentive for restaurants to
apply for outdoor dining permits, a reduction in fees for calendar year 2003 is
recommended.
The City Manager recommended that Council amend the Fee Compendium to
reduce the original fee of $7.00 per square foot to $3.25 per square foot for calendar
year2003, with a minimum three-month commitmentfrom the applicant, and with the
permit fee for calendar year 2004 to be reconsidered and established by Council at
a later date as deemed appropriate.
Mr. Carder offered the following ordinance:
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(#36237.021803) AN ORDINANCE directing amendment of the Fee
Compendium to establish the fee for outdoor dining permits for calendar year 2003;
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 125.)
Mr. Carder moved the adoption of Ordinance No. 36237.021803. The motion
was seconded by Mr. Bestpitch.
Question was raised as to the response to outdoor dining during the first year
of operation; whereupon, the City Manager advised that one restaurant experienced
a successful year. She called attention to ongoing discussions with representatives
of four additional restaurants who have expressed an interest in participating this
year, although identification of a location to store outdoor dining equipment
continues to be a problem.
Ordinance No. 36237-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
MClJfClrlin1itl1-------.....--------......------.......-------.......------.......------......-------.......--.---6.
NA),li: NClI1E1.....-----......-----........--------......-----......-.-----......------.......------...-0.
(Council Member Dowe was absent.)
TRAFFIC.BUDGET-STATE HIGHWAYS: The City Manager submitted a
communication advising that over the past two years, representatives from both the
City of Roanoke and the Virginia Department of Transportation (VDOT) have met to
evaluate how to best provide access to the planned Riverside Centre for Research
and Technology (RCRT), which includes the Carilion Bio.Medical Institute; and
Roanoke's proposed solution to providing this access was an off.ramp from
southbound US 220 that intersected at Jefferson Street and Reserve Avenue, with
a corresponding northbound on.ramp from that point to US 220.
It was further advised that in the summer of 2002, VDOT shared with the City
of Roanoke its analysis of how these ramps would relate to the proposEld 1-73
interchange at 1-581/US220; VDOT's analysis concluded that Roanoke's access plan
could not be recommended for construction based upon problems with interchange
spacing, cost, and phasing; consequently, VDOT developed other alternatives, such
13
as a smaller more direct connection to US 220 from Franklin Road, which was
recently shared with Council; and VDOT is also now evaluating the potential
modification of the existing Wonju Street interchange to enhance access to RCRT.
It was explained that a Member of Council suggested that staff revisit issues
involving the interchange at Elm Avenue and its connection with Williamson Road
and Jefferson Street to serve as a primary access to RCRT; an evaluation of this
interchange should include identification of the likely interchange design that will
be needed in the long range future and consider potential interim modifications that
might improve interchange operations to meet current needs of the area; and to this
end, staff is preparing to issue requests for proposals from firms that could
adequately review the issues and offer guidance.
The City Manager recommended that Council appropriate $1 00,000.00 from the
Streets & Bridges Capital Improvement Reserve, Account No. 008.052-9575-9181, to
a new account to be entitled, Elm Avenue and 1-581 Interchange Study.
Mr. Carder offered the following budget ordinance:
(#36238.021803) AN ORDINANCE to amend and reordain certain sections of
the 2002.2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 126.)
Mr. Carder moved the adoption of Ordinance No. 36238.021803. The motion
was seconded by Mr. Harris.
Ms. Wyatt expressed concern with regard to the intersection of 1-581 and Elm
Avenue which is one of the most traffic congested intersections in the City of
Roanoke, and encouraged the City Manager to include the intersection as a part of
the proposed study.
Mr. Bestpitch requested clarification with regard to the routing of 1-73 and
advised that Council has taken a firm position expressing concern about the
Commonwealth Transportation Board's decision to route 1-73 through southeast
Roanoke; whereupon, the City Manager advised that nothing is being proposed that
will alter the position of Council relative to the routing of 1-73. She explained that
staff is attempting to bring to a head the issue of improvements to the Elm Avenue
14
Interchange, which may be stalled forever unless the City takes the initiative,
because it is believed that the traditional design that might come forth by VDOT for
the interchange may not be in the best interest of the City. Therefore, she advised
that additional design work is requested that the City can take to VDOT as a
suggested alternative for development of the Elm Avenue Interchange. She stated
that this will be the first step, and once the design is completed and approved by
Council, it will be necessary to lobby VDOT to take action.
Mr. Cutler concurred in the remarks of Mr. Bestpitch in respect to not wanting
it to appear that the City has changed its position of opposition to the routing 1.73
through southeast Roanoke. He inquired if the request for proposals to review the
Elm Avenue/l.581 Interchange will also relate to the access to the Riverside Bio
Medical Centre. The City Manager responded that the City will continue to review
alternatives for access to the Centre; when the Bio Med Centre was first envisioned,
it was the desire of the Bio Med Institute and Carilion for certain improvements to
the Elm Avenue Interchange, however, since that concept appears to be tied up
indefinitely in the 1.73 issue, there is a need to identify an alternative access point,
and to this end the City has engaged in discussions with VDOT, the latest of which
is the suggestion by VDOT that improvements to the Wonju exit would be preferable
to a new ramp leading to the Bio Med site. She noted that one member of Council
has suggested that Williamson Road might be improved as an access point and
also allow for additional development of the area, all of which will be taken into
consideration as staff reviews alternatives.
Mr. Carder called attention to previous discussions with certain princip~ls of
the Bio Medical Centre who initially hoped that Williamson Road/Elm Avenue could
serve as the entrance to the Bio Medical Centre, and mainly because emphasis was
on redevelopment of the Williamson Road/South Jefferson corridor. He cautioned
that the City should be careful as to where it locates the entrance, because it then
becomes necessary to look at development patterns when traffic is routed off of Elm
Avenue to another entrance. He stated that it is important to note that a large part of
the Riverside Centre is the redevelopment of certain areas of the City and traffic
helps to stimulate that type of redevelopment.
In a further discussion of the matter, the City Manager advised that City staff
is not fully convinced that routing traffic off at the Wonju interchange is the best
solution, particularly if Elm Avenue could be improved, which is the most logical
location for improvements. She stated that while the focus of the study is on Elm
Avenue and the ramps that cut up to and off of Elm Avenue, staff will look at traffic
15
to be generated by the Riverside Centre and the VDOT option of the Wonju
interchange, which is in principle and has not been financed. She added that it is
believed that unless the City intervenes through a study of the Elm Avenue
Interchange, the City will be left with a solution that will not address Elm Avenue at
any time within the next decade, and staff believes that there is a solution for the
Elm Avenue Interchange that could be developed and put in place before 1-73 is
constructed.
Ordinance No. 36238-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor
l)rnitl1.........-------------------------------------------------.-..-...........-......--------------------------olio
NA"l): NCll1e.......................-..------------------------------------------------.--------------0.
(Council Member Dowe was absent.)
BUDGET-SNOW REMOVAL: The City Manager submitted a communication
advising that agencies responsible for snow removal operations are experiencing
a heavier demand on snow removal resources than in previous years; the Virginia
Department of Transportation (VDOT) recently announced that it had already spent
$42 of its $48 million budgeted for snow removal at the end of January 2003; and
VDOT is taking steps to redirect additional funds to support snow removal
operations.
It was further advised that likewise, the City's budgeted amount of $208,328.00
has been effectively depleted and salt supplies have been reduced as well; the City's
6,000 ton salt storage has been reduced to 1,000 tons (moderate storms can require
up to 1,000 tons of salt); a shipment of an additional 900 tons of salt should be
received later this week, butadditional funding is needed to replenish the saltsupply
and to fund other snow removal expenses; funding will allow additional salt to be
ordered to create a salt stockpile capable of fighting two - three moderate storms
and will establish sufficient funding to replenish supplies if the current trend of
winter weather continues; and total funding for chemicals would allow for the
purchase of up to 2,470 tons of salt based on a purchase price of $60 per ton.
The City Manager recommended that Council transfer $250,000.00 from
Account Nos. 001-530-4110-1002 ($85,000.00), 001-530-4160.1002 ($50,000.00) and
001.300.9410-2199 ($115,000.00), to Snow Removal Account No. 001-530-4140, as
follows:
16
1003 Overtime Wages
1120 FICA
2010 Fees for Professional Services
2035 Expendable Equipment
2038 Motor Fuels & Lubricants
2045 Chemicals
$ 59,818.00
$ 4,576.00
$ 14,500.00
$ 15,000.00
$ 7,808.00
$148,298.00
Mr. Harris offered the following budget ordinance:
(#36239.021803) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 127.)
Mr. Harris moved the adoption of Ordinance No. 36239.021803. The motion
was seconded by Mr. Carder.
The City Manager commended City employees on snow/ice removal efforts,
many of whom have worked since Saturday, February 15 at 3:00 p.m., on 12 hour
shifts, in order to clear the City's streets as a result of the snow/ice event that
occurred on Saturday and Sunday, February 15 -16, 2003. She advised that all ofthe
City's arterial routes and Valley Metro routes have been plowed and as of 11 :30 a.m.,
this morning, 95 per cent of all of the school bus routes were plowed, although 40
per cent still contained a certain amount of snow and ice, and approximately 70 per
cent of the residential streets still have a covering of snow and ice, even though 90
per cent of the streets have been plowed and treated. She stated that the City has
in excess of 700 tons of salt remaining which can accommodate a moderate storm.
Ordinance No. 36239.021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith .-------...-------.....-------......------.....------.....-----.....------......-----......-6.
NA"l): NClI1Et--..-------.....-----.......-----.....-----.....------....--------....-------...-------.-0.
(Council Member Dowe was absent.)
17
BUDGET -FDETC: The City Manager submitted a communication advising that
the City of Roanoke is the grant recipient and fiscal agent for the Fifth District
Employment and Training Consortium (FDETC), which encompasses the Counties
of Alleghany, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of
Covington, Roanoke, and Salem; Council must appropriate funding for all grants and
other monies received by the FDETC; the FDETC has received notice of an award of
Governor's Discretionary 15 per cent funds of $82,072.00 from the Virginia
Department of Social Services, which funds are to be used to provide services to
clients enrolled in the Welfare to Work Program; and funds are to be used for
program costs only and are available through June 30, 2004.
It was further advised that Program Operations. Existing activities such as
job placement assistance, support services (child care, transportation) and
occupational skills training will continue, and planned programs such as continuing
existing services and enrolling new clients will be implemented; residents of
surrounding areas will be targeted with the funds; funds are available from the
Grantor agency and other sources as indicated, at no additional cost to the City; and
immediate action will allow activities to be implemented and completed within the
planned time frames of January 1, 2003 through June 30, 2004.
The City Manager recommended that Council appropriate FDETC funding
totaling $82,072.00, and increase the revenue estimate by $82,072.00 in accounts to
be established in the Consortium Fund by the Director of Finance.
Mr. Bestpitch offered the following budget ordinance:
(#36240-021803) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Fifth District Employment and Training Consortium Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 128.)
Mr. Bestpitch moved the adoption of Ordinance No. 36240-021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ------.-..-.......------------------------------------....----------------------------------6.
NA'(l): NClI1El----.----.-.-......-----------------------------..--....---------------------------------C1.
(Council Member Dowe was absent.)
18
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that the plight of homeless individuals and families has
been at the forefront of the community's attention for more than a decade, and the
number of homeless persons relying on local services has increased; currently, the
Homeless Assistance Team (HAT) provides outreach and limited case management
services to the homeless; and the 2002 Winter survey conducted by the Roanoke
Valley Task Force on Homelessness Identified 327 homeless individuals residing in
shelters, or on the streets of Roanoke.
It was further advised that based on Roanoke's 2002 Continuum of Care
application, the Roanoke Homeless Assistance Team Renewal was funded for a total
of $413,006.00 for a three.year period beginning February 1, 2003.
The City Manager recommended the following:
Authorize the City Manager to accept the Roanoke
Homeless Assistance Team Renewal Grant Award in the
amount of $413,006.00 from the U. S. Department of
Housing and Urban Development and execute the required
grant documents on behalf of the City.
Authorize the City Manager to execute documents
associated with implementation of the grant renewal.
Appropriate $413,006.00 Supportive Housing Funds, with
a corresponding revenue estimate in an account to be
established by the Director of Finance in the Grant Fund.
Mr. Carder offered the following budget ordinance:
(#36241.021803) AN ORDINANCE to amend and reordain certain sections of
the 2002.2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 129.)
Mr. Carder moved the adoption of Ordinance No. 36241.021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
19
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith ----------...--...................-----------------------------------------------.-...-.....6.
NAYS: None................--.----------------------------------------------.---.-..................0.
(Council Member Dowe was absent.)
. Mr. Harris offered the following resolution:
(#36242-021803) A RESOLUTION authorizing the acceptance of the Roanoke
Homeless Assistance Team Renewal Grant Award from the United States
Department of Housing and Urban Development to provide outreach and limited
case management services to the homeless; and authorizing the execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 67, page 131.)
Mr. Harris moved the adoption of Resolution No. 36242-021803. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
an d Mayor Sm ith ------------------------------------------...-......-.--------------------------------------6.
NAYS: N on e---------------------------------------------------------.--.........-.-----------------.0.
(Council Member Dowe was absent.)
REPORTS OF COMMITTEES:
ANNUAL REPORTS-COMMUNITY PLANNING: A report of the City Planning
Commission transmitting its 2002 Annual Report, was before Council.
The Mayor advised that without objection by Council, the report would be
received and filed.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds for the following school accounts, was before
Council.
20
$15,669.00 for the Refugee School Impact Grant to provide services for
146 refugee students in the Schools by supplementing regular
classroom instructional materials, translating important school
documents, providing interpreter services, providing after-school
tutorial sessions, and providing additional staff development
opportunities for ELL and core content teachers. This continuing grant
program is 100 per cent reimbursed by Federal funds.
$42,757.00 from the Capital Maintenance and Equipment Replacement
Funds for replacement of musical instruments, administrative
technology equipment, facility maintenance and custodial equipment,
and handicap access modifications at William Fleming High School.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Carder offered the following budget ordinance:
(#36243.021803) AN ORDINANCE to amend and reordain certain sections of
the 2002.2003 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 132.)
Mr. Carder moved the adoption of Ordinance No. 36243.021803. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ......---------.....---------.......--------....-----------...------------..-------------..-6.
NA"l): NClnEl..--------......---------.......-----.........------......-------......---------........-0.
(Council Member Dowe was absent.)
UNFINISHED BUl)INESS:
BUDGET -BRIDGES-CMERP: The Mayor advised that at the Council's work
session on Monday, February 3, 2003, it was the consensus of Council to place an
item on the February 18, 2003, City Council agenda with regard to voting on the
issue of pedestrian and/or vehicular access to the First Street Bridge; whereupon,
the matter was before the body.
21
Mr. Carder moved that the First Street Bridge be completed as soon as
possible for vehicular one-way traffic and a pedestrian bridge, and that the City
Manager be directed to identify a source of funds, including possible use of Capital
Maintenance and Equipment Replacement funds and Transportation Enhancement
funds. The motion was seconded by Mr. Bestpitch.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., referred to previous
architectural renderings calling for a pedestrian walkway for the First Street Bridge,
at a cost estimate of $800,000.00, and inquired if there is a problem with traffic
coming into the downtown area. He stated that an expenditure of $2.2 million was
quoted by The Roanoke Times for bridge renovations, which is an expenditure that
will be of concern to many citizens in view of the City's current budget situation. He
advised that the greater question is, why does the City need to spend $2.2 million on
the bridge at this time, does the City have a traffic problem and, if not, is this action
being taken to construct a $2.2 million memorial to Dr. Martin Luther King, Jr. He
stated that no funds should be spent on the First Street Bridge at this time, the
bridge is a one of a kind left-over historic landmark, which represents a wonderful
relic from Roanoke's past, the bridge is currently for pedestrian purposes and
should continue to be used by pedestrians only.
Dr. Gerald Roller, 1135 Clearfield Road, S. W., addressed Council as a member
of the Medical History Foundation, Inc., which is attempting to develop a medical
history that would incorporate the history of the black medical community,
beginning with the early or late 1800's and would include part of the area of Henry
Street, including the Claytor Clinic and Burrell Hospital, etc. He explained that the
goal of the organization is to complete its work by the 100th anniversary of the City
of Roanoke, which is several years away and will include not only Roanoke's
medical history, but also the developing osteopathic school at Virginia Tech and the
public health service. He advised that the Henry Street Bridge ties the Henry Street
area to downtown Roanoke, and it is not clear as to whether there needs to be
another access for vehicular traffic to downtown; whereupon, he proposed that the
matter be tabled pending further study and a status report by the Medical History
Foundation, Inc.
The Reverend Edward Mitchell, 1570 16th Street, N. W., representing the
Southern Christian Leadership Conference (SCLC), spoke in support of naming the
First Street Bridge in memory of the late Dr. Martin Luther King, Jr. He stated that
the SCLC supports one-way vehicular traffic on the First Street Bridge from Henry
Street to downtown Roanoke, particularly when taking into consideration such
venues as the Roanoke Higher Education Center and the Dumas Center for Artistic
Development, etc.
22
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that those
organizations involved in the Gainsboro Neighborhood Plan are of one accord in
recommending that the First Street Bridge should remain a pedestrian bridge. From
a personal perspective, she advised that vehicular traffic should not be allowed on
the First Street Bridge; a large sum of money was spent by the City on the
construction and realignment of Gainsboro Road and construction of the new
Gainsboro Bridge, both of which were built at a detriment to the Gainsboro
community; and currently there are adequate vehicular channels into the Gainsboro
neighborhood; i.e.: Williamson Road, Fifth Street, and Gainsboro Bridge. She called
attention to comments regarding the routing of traffic into downtown Roanoke;
however, if the First Street Bridge brings vehicular traffic into downtown, it could
also bring the same traffic into the Gainsboro neighborhood; therefore, residents are
opposed to vehicular traffic in any direction on the First Street Bridge. She
suggested that those funds proposed to be spent on the First Street Bridge could
be more effectively used for improvements for housing throughout the City. She
called attention to funds already expended by the City on the Gainsboro Bridge to
provide for a loop into downtown which has proven to be an effective routing of
vehicular traffic; therefore, there is no need for one-way traffic on the First Street
Bridge. She implored the Council to be good stewards of the taxpayers' money, and
to engage in those projects that will prove to the citizens of Roanoke that the City
is interested in its citizens rather than vehicles.
Mr. Carder advised of the need to breathe life back into the Henry Street area.
He stated that Wells Avenue improvements and Second Street Bridge improvements
have created a huge cul-de.sac that is almost impossible to develop on its own, and
by routing traffic through the area, there is an increased perception of a secure
environment. He called attention to discussion with representatives of the Dumas
Artistic Center, the Harrison Museum of African.American Cutlure, and the Roanoke
Higher Education Center, all of whom understand the need to redevelop the area,
privately and with incentives, and he emphasized the need to provide as much
accessibility as possible to help with redevelopment of the area.
Ms. Wyatt advised that the vision was to have a railside linear walk that would
link the City Market area to the Transportation Museum, with the linear walk
providing a way to access pedestrians to the Henry Street area, which would serve
as a kind of historical walking tour of the City, including a history museum, the
Harrison Museum of African-American Culture and the Transportation Museum, and
it will not be conducive to a walking tour environment if vehicular traffic is allowed.
She stated that residents, neighborhood organizations and area neighborhoods in
23
general were not consulted about their wishes for the Henry Street area. She added
that an expenditure of $2.2 million, as opposed to $800,000.00, at a time when the
City is sorely pressed for money is not good stewardship of the taxpayers' money.
Mr. Bestpitch advised that in looking at the number of dollars that could be
spent, $800,000.00 versus $2.2 million, cost efficiency takes into consideration the
amount of money spent relative to the number of people who will benefit by the
expenditure. He stated that if the additional money is spent to allow one way
vehicular access on the First Street Bridge, cost efficiency will be much greater
because there will be a higher number of people driving rather than walking across
the bridge. He added that he has heard no one describe how Warehouse Row,
Grand Piano, the Dumas Center for Artistic Development, the Harrison Museum, the
Roanoke Higher Education Center, or RNDC Crew Suites development will benefit
by having the First Street Bridge pedestrian only, and, in fact, the case has been
made that development is lagging in the area because the bridge is pedestrian only
at this time. He called attention to ways to place more emphasis on people rather
than on automobiles through the development of a shuttle service, and providing a
loop to the downtown area that would allow people to park in one location and
access public transportation in order to move from point to point around, in and out
of the downtown area. He stated that one of the major benefits of making the
vehicular access from the north side into downtown Roanoke across the First Street
Bridge is to route a shuttle bus past the Gainsboro Parking Garage, which is one of
the points that the City has available for this type of parking. For those reasons, he
advised that he intends to support the motion which will help to improve
development in the area without providing any major problems for those persons
who prefer to walk.
Vice-Mayor Harris advised that there are compelling reasons on both sides for
pedestrian only versus pedestrian/limited vehicular. He stated that his initial
inclination was to vote for pedestrian only; however, since the last Council meeting,
he was visited by representatives of the Dumas Center, the Harrison Museum, and
the Higher Education Center who spoke to the benefits of limited vehicular access
on the bridge by virtue of the desire to enhance mobility, accessibility, safety,
security, etc., around the various facilities. He noted that the Council and the
community as a whole has made a significant investment in the viability of these
enterprises that will have to live day in and day out with the decisions made by the
Council. He stated that one way vehicular traffic leaves open the opportunity for the
City to close the bridge to vehicular traffic at any time for festivals and special
events, etc. He noted that the bridge was constructed in 1890 and the City Engineer
24
reported at the last Council meeting that the bridge is not safe for any significant
bearing of load, it is a historic structure and the visual integrity of the bridge will be
protected as an architectural feature of the downtown. He advised that he was not
in favor of tabling the matter for future discussion and/or study because the First
Street Bridge represents a glaring piece of unfinished business in Roanoke's
downtown area, and he intended to support the motion.
Mr. Cutler advised that for a long time he has believed that the Gainsboro area
and the Henry Street area should be considered as a part of downtown Roanoke,
and, in recent years, access across the railroad tracks from one side to the other has
been reduced by the closure of Jefferson Street to vehicular traffic and the closure
of the tunnel; therefore, access across the railroad tracks should be increased and
improved. He stated that making the First Street Bridge both a one.way vehicular
bridge and a pedestrian bridge would contribute to improved access to the rapidly
developing Henry Street area. He further stated that he supports the motion to
provide one lane of vehicular traffic and one lane of pedestrian traffic on the First
Street Bridge, and an official greenway trail should be routed over the bridge as a
part of the Lick Run Greenway, as should a shuttle bus route to bring commuters
from the Gainsboro Parking Garage to the downtown area. He also stated that he
would support the naming of the First Street Bridge and associated parking lands
as a memorial to the late Dr. Martin Luther King, Jr., and it should be left to the
discretion of the Roanoke Arts Commission to recommend how best to incorporate
an architectural way, educational plaques, or a statuary to best accomplish this
important goal.
The Mayor advised that when the First Street Bridge was closed to vehicular
traffic, he was a daily user of the bridge, but he quickly adjusted to the new traffic
pattern and discovered that it was just as easy to use Williamson Road or the
Second Street Bridge in his travels around the City. He stated that the First Street
Bridge is a narrow bridge that would be handicapped by vehicular traffic; it is the
only bridge of any significance remaining in the City from the 19th century and to
improve the bridge for pedestrian use only would not detract from the 1890's bridge
architecture, and beams could be added to the under side which would allow the
bridge to still resemble a 19th century bridge, while accommodating walking and
festival traffic. He expressed concern that the bridge will lose its character of a 19th
century bridge if improvements are made to allow for a vehicular bridge; and the
funds could be used on other City needs. For those reasons, he stated that he
intends to vote against the motion.
25
There being no further discussion, the motion was adopted by the following
vote:
AYES: Council Members Harris, Bestpitch, Carder and Cutler------------------4.
NAYS: Council Member Wyatt and Mayor Smith......-......-.........-.-.-....-.-.-2.
(Council Member Dowe was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
TRAFFIC-BUDGET.TRANSPORTATION SAFETY: Ordinance No. 36232, on
second reading, amending and reordaining certain sections of the 2002-03 Capital
Projects Fund Appropriations, transferring $236,870.00 in connection with traffic
calming initiatives, having previously been before the Council for its first reading on
Monday, February 3, 2003, read and adopted on its first reading and laid over, was
again before the body, Mr. Harris offering the following for its second reading and
final adoption:
(#36232-021803) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 67, page 124.)
Mr. Harris moved the adoption of Ordinance No. 36232-021803. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith ----.---.............-.---------------------------------------------------------------..-..---.-.6.
NAYS: N one.......-...-----.----------------------------------------------------.----.----...----.--0.
(Council Member Dowe was absent.)
26
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BRIDGES-ACTS OF ACKNOWLEDGEMENT: Mr. Carder moved that the newly
renovated First Street Bridge be named in memory of the late Dr. Martin Luther
King, Jr., and that the City work with the Southern Christian Leadership Conference
(SCLC) with regard to design elements. The motion was seconded by Mr. Cutler.
It was the consensus of Council that since the matter was not listed on the
printed agenda, citizens should have the opportunity to address the motion.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that naming the First
Street Bridge in memory of Dr. King is an insult to the City, to the citizens of
Roanoke, and represents the easy way out. She stated that the time is always right
to do the right thing; the motion should be tabled until a later date when all Members
of the Council are present and citizens should have been advised prior to the
Council meeting that the matter was to be discussed. She advised that if the motion
is adopted, Council will be ignoring the democratic process.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Co.Chair of the
Dr. Martin Luther King, Jr. Memorial Committee which was previously appointed by
the City Manager, advised that the committee was not afforded the opportunity to
formally present its report and recommendations to the Council. She stated that a
portion of the committee's recommendations were a freedom walk and a justice
square that should be incorporated into plans to connect Lick Run in an effort to
break down barriers and to build bridges between the community. She encouraged
Council to support the motion which is a small token that will further the effort to
involve citizens in making Roanoke an inclusive community.
The Reverend Edward Mitchell, 1570 16th Street, N. W., advised that on
numerous occasions, Council has been requested to honor Dr. King's memory, and
each time the suggestion was either not good enough, or someone was not
satisfied; therefore, he requested that the City of Roanoke act now to honor Dr. King.
When looking at the First Street Bridge, he referred to a history of African-Americans
who walked across the bridge to access stores in the downtown area and to reach
water fountains that said "White" on one side and "Black" on the other side, but
African.Americans walked across the First Street Bridge to address those issues
27
until they were resolved. Therefore, he stated that there is no better place to name
in Dr. King's honor when talking about bridging the gap, which is what Dr. King
stood for. He stated that the Southern Christian Leadership Conference (SCLC) is
supportive of the motion which is a start to honor Dr. King in an appropriate way,
because Henry Street is a part of the black community and a part of downtown
Roanoke.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that the reason the
City of Roanoke does not have a memorial to Dr. King today is because the
Dr. Martin Luther King, Jr. Memorial Committee recommended the naming of
Elmwood Park in memory of Dr. King which was the most inappropriate
recommendation that any committee could have made. He stated that he is not
opposed to renaming the First Street Bridge in memory of Dr. King, which is an
appropriate and reasonable way to honor this great Civil Rights leader, but the First
Street Bridge alone is an issue within itself. He inquired if the City plans to spend
over $2 million to make the First Street Bridge a one-way vehicular bridge in order
to put the King issue to rest; and, if that is the case, he suggested establishment of
a $1 million scholarship in Dr. King's name that will be used to benefit the education
of impoverished children.
No other persons wishing to be heard and there being no further discussion
by the Council, the motion was adopted.
CITY PROPERTY: Mr. Bestpitch advised that at its meeting on Tuesday,
January 21, 2003, Council tabled an ordinance with regard to disposition of
property located at the intersections of Gainsboro and Gilmer Road and Gainsboro
and Harrison Avenue; whereupon, he moved that the ordinance be removed from the
table. The motion was seconded by Mr. Carder and adopted.
Mr. Bestpitch further advised that in a closed meeting, he requested that
Official Tax No. 2011718 contain a restriction that no grading will be permitted on the
parcel of land which is a steep bank along the edge of Gainsboro Road; however,
his request was not included in the original ordinance that was before the Council
at its public hearing on Tuesday, January 21, 2003; whereupon, he offered the
following revised ordinance:
(#36244-021803) AN ORDINANCE authorizing the City Manager to execute
agreements, deeds and any related and necessary documents providing for the
conveyance of City-owned property located at the intersections of Gainsboro and
28
Gilmer Road and at Gainsboro and Harrison Road, and being identified as Official
Tax Nos. 2011718, 2021788 and 2021789, to adjacent and nearby property owners,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance.
(For full text of ordinance, see Ordinance Book No. 67, page 134.)
Mr. Bestpitch moved the adoption of Ordinance No. 36244.021803. The motion
was seconded Mr. Cutler and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
MCllfClrl)mitll---.........--------........-.-----.-........---------........-.------...........------..........-6.
NA'fl): NClIlEt-----..........---------............-------.........-------...........-------...........-.0.
(Council Member Dowe was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS.ROANOKE CIVIC CENTER.lICENSES: Ms. Karen Graybill, 4617
Casper Drive, N. E., appeared before Council in connection with the City's expanded
application to sell alcoholic beverages at any event at the Roanoke Civic Center.
She stated that the Salem Civic Center has been issued a license to sell alcoholic
beverages, but chooses not to sell alcohol at concerts. She added that it has been
stated that the reason certain groups do not come to the Roanoke Civic Center is
because alcohol is not permitted to be sold; however, she contended that they do
not perform at the Roanoke Civic Center because of seating accommodations; it
should be noted thaUhe Roanoke Civic Center currently has sold-out events without
selling alcohol; and as a parent, she does not want her children to be exposed to
events where alcohol is sold. She advised that the Roanoke Civic Center is a
smoke-free facility and if civic center patrons can attend an event where tobacco is
prohibited, they should be able to attend an event where alcohol is not allowed.
Mr. Levi Dent, 119 Noble Avenue, N. E., Pastor, Another Chance Ministries,
spoke on behalf of Concerned Christians from the Community, in connection with
the City's expanded application for a license to sell alcohol and wine at Roanoke
Civic Center events. He stated that he understands that the City wants to make
29
money and compete with other civic centers for concerts and events; however, he
requested that it be taken into consideration that alcohol and wine promotes trouble,
especially at rap concerts, since rap music promotes violence, degrades women,
and degrades authority figures.
Mr. Juan Varr, 3106 Plantation Road, N. E., advised that approximately 230
persons representing 30 churches and 30 different faiths attended a meeting at the
Hollins Road Baptist Church on February 10, 2003, to express their concerns with
regard to the City's expanded application for a beer and wine license at the Roanoke
Civic Center. As a result of the meeting, he stated that a large number of persons
indicated a desire to attend the February 20th hearing by the Alcohol Beverage
Control Board which is to be held in the Bankruptcy Court in the Poff Federal
Building; the Bankruptcy Court will accommodate approximately 70 persons,
therefore, a change of venue has been requested to accommodate the large number
of persons who are expected to attend. He inquired if the City is prepared to
proceed with its application before the ABC Board and encouraged dialogue with
those persons in the community who are against issuance of the expanded license.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., referred to battles that are
currently being waged within Roanoke's neighborhoods to stop the sale of alcohol,
and referred to a hearing before the Alcohol Beverage Control Board that will also
take place on February20th in Richmond, Virginia, led byan Old Southwest Roanoke
resident who is seeking to cause a neighborhood market to lose its ABC license for
the alleged illegal sale of alcoholic beverages. He stated that the ABC Board should
hold the City accountable to the same high standards as any other applicant and
deny the City's expanded application to sell alcoholic beverages at Roanoke Civic
Center events.
Mr. AI Bedrosian, 8346 Cardington Drive, N. W., addressed Council as a
husband and the father of five children. He stated that he has listened to admirable
discussion at the Council meeting today on legitimate issues such as not
discriminating against people of color, helping the homeless, and the First Street
Bridge, but the City stoops to an all time low when it seeks to expand the use of
alcohol at the Roanoke Civic Center. He called attention to the following issues
reported by the news media; i.e.: it is legal to apply for a license, the people of
Roanoke demand to have alcohol, entertainers expect that alcohol will be sold on
the premises, and there is a promise by the City that alcohol will not be sold at
events where children are in attendance. In response to the above issues, he stated
that not everything that is legal is good, there is no substantiated documentation
30
that citizens of Roanoke and entertainers at the civic center expect alcohol to be
sold on the premises, and alcohol is currently being sold at sporting events where
children are present.
Elizabeth Doughty, President, Roanoke Regional Chamber of Commerce,
representing the Executive Committee of the Chamber of Commerce, which is the
largest business organization in the western half of the State, with 1,450 members,
spoke to the issue of modifying the City's license at the Roanoke Civic Center to sell
beer and wine at appropriate events. She advised that the Chamber of Commerce
views the license as an issue of competitiveness and economic development. She
stated that creating the option to sell beer and wine at a greater number of Civic
Center events directed at adults will allow the Civic Center to become competitive
in the marketplace and not only create a level playing field between the Salem and
Roanoke Civic Centers, but level the playing field among the Roanoke Civic Center's
peer venues such as those in Richmond, Washington, D. C., and Greensboro, North
Carolina, which compete for the kind of premier events that make Roanoke proud
and successful as a community, and by allowing the kinds of services and amenities
that will allow the Roanoke Civic Center to meet market demands, leading to a
greater chance of success which is a part of economic development benefits. She
added that a Civic Center that is competitive in events and amenities will create
wealth in the community by attracting people who spend money in Roanoke's hotels,
restaurants, and business establishments. She stated that a Civic Center that does
not meet market demand in terms of quality of events or experiences will not have
the expected economic development benefit. She advised that a representative of
the Chamber of Commerce talked with representatives of Civic Centers with which
the Roanoke Civic Center competes, and all have the kind of ABC license that allows
beer and wine to be sold at a variety of events, and all of these Civic Centers
stressed that they use their best judgment to withhold such sales at inappropriate
events, such as those directed at children and teenagers. She explained that there
is not only precedent for this kind of action, but examples on which the Roanoke
Civic Center can draw, and civic center staff will use not only their best judgment but
the examples used by other civic centers to sell alcohol appropriately to the
consumer.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke in support of the remarks
made by previous speakers in opposition to the sale of alcohol at the Roanoke Civic
Center. She advised that she lives close to the Civic Center and has been disturbed
by loud and foul language and noise created by persons leaving civic center events.
She added that this is another example of citizens having to read about the City's
31
proposed actions in the newspaper; and Roanoke cannot be compared with any
other city because it is unique and is a city within itself. She asked that Council
listen to the citizens and do what is best for Roanoke, that there be dialogue
between Council and its citizens; and the City's request to sell alcohol at Civic
Center events is a bad decision that the City may regret.
G. Michael Pace, 10 Franklin Road, S. W., spoke from the perspective of an
attorney whose business is located in the City of Roanoke, and his involvement in
a number of civic and retail initiatives. He expressed support for the granting of an
expanded ABC license at the Roanoke Civic Center. He stated that the purpose of
the Roanoke Civic Center, as with any civic center or auditorium, is to attract and
provide entertainment events on a consistent basis to as many residents and
persons outside the region as possible; and in doing so, the civic center promotes
economic development, and generates needed revenue for not only the City of
Roanoke, but for the Roanoke Valley as a whole. He added that in order to maintain
its competitiveness with other facilities in the state, which currently have an
expanded ABC license to sell beer and wine at all appropriate events, the Roanoke
Civic Center should have the same opportunity. He stated that concerns about
control and safety can be adequately addressed by Roanoke Civic Center staff with
appropriate policies and safeguards, and there is no reason to believe that the
experience of the Roanoke Civic Center will be any different if it has an expanded
license similar to those at other facilities with which it competes on a daily basis.
On the issue of whether or not the Civic Center will compete with, or cause a
disadvantage to establishments in downtown Roanoke in the sale of beer and wine,
he advised that these businesses stand to gain by the attraction of more people to
the downtown area, and will have the opportunity to serve meals or sell goods either
before or after civic center events. He noted that the Roanoke Civic Center is a
major contributor to economic development in the Roanoke Valley and the greater
Roanoke region, and its reach is far and wide; the Roanoke Valley is the
entertainment and cultural hub of the western part of Virginia; and entertainment
events are an integral part to any strategy, not only to attract people to the area, but
to retain those persons who already live in the Roanoke Valley. For the above
reasons, he advised that he supports an expanded ABC license at the Roanoke Civic
Center to allow the sale of beer and wine at all appropriate events.
Calvin Johnson, 3530 Windsor Road, S. W., Chairman of the Roanoke Civic
Center Commission, advised that the Civic Center has supplied the Roanoke Valley
and southwest Virginia with outstanding entertainment events. He stated that as
Chairman of the Civic Center Commission, he has not personally received
32
complaints about the sale of alcohol, or other misconduct at the Civic Center,
although letters have been received from citizens expressing concern with regard
to the request to expand the Civic Center's ABC license. He stated that Roanoke is
a diverse community that serves many people and the various ethnic and religious
groups are not discriminated against. He added that the Roanoke Civic Center is
committed to bringing entertainment events and meetings to the community that will
cause citizens to want to live in Roanoke, while encouraging others to visit the
community. Because of the diversity of those served at the Civic Center, he advised
that there are those persons who wish to purchase alcoholic beverages, and
guidelines are in place to address the issue.
Speaking as a long time member of the Roanoke Regional Chamber of
Commerce, the Mayor advised that the view of the Executive Committee as
expressed by Ms. Doughty is not the unanimous opinion of the members of the
Chamber of Commerce. He expressed concern over broadening the scope of the
ABC license at the Civic Center; whereupon, he invited a motion by the Council to
instruct Roanoke Civic Center management to rescind its application for expanded
usage of alcohol at the Civic Center.
Vice.Mayor Harris moved that Council instruct City staff to rescind its
application for increased usage of alcoholic beverages at the Roanoke Civic Center.
The- motion was seconded by Ms. Wyatt.
Mr. Bestpitch inquired as to who determined the time and location of the ABC
Board's hearing; whereupon, the City Manager responded that it was the
responsibility of the ABC Board. He inquired if the City has the prerogative to
schedule the hearing at a different location that would accommodate a larger
number of persons who might be interested in attending; whereupon, the City
Manager responded that the City of Roanoke does not have the authority to change
the venue or the time ofthe hearing. She advised that the ABC Board is aware ofthe
significant number of persons who have expressed an interest in the matter.
Mr. Bestpitch offered a substitute motion that Council request the ABC Board
to consider relocating the hearing to a location that will accommodate a larger
number of persons. The motion was seconded by Mr. Cutler.
Following discussion as to the status of the original motion, versus the
substitute motion, the Mayor ruled that the substitute motion was out of order.
33
Mr. Bestpitch offered a motion to challenge the ruling of the Chair. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder and Cutler-------..-...--..-..-4.
NAYS: Vice-Mayor Harris and Mayor Smith......................-....-....--.-.----.---2.
(Council Member Dowe was absent.)
The substitute motion was then adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder and Cutler----------------------4.
NAYS: Vice-Mayor Harris and Mayor Smith........--.-.-.-----..-------------------------2.
(Council Member Dowe was absent.)
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGMENT-BRIDGES: The City Manager expressed
appreciation to Council for its leadership in regard to previous action to provide that
design ofthe First Street Bridge will be completed as soon as possible for vehicular
one-way traffic and a pedestrian bridge; and for the naming of an appropriate site
(the First Street Bridge) in memory of the late Dr. Martin Luther King, Jr., both of
which are decisions that will bring the community closer together.
At 5:25 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 6:20 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members ofthe Council in attendance, with the excepti'Jn of
Council Member Dowe.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act: and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
34
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith .........------..............-.---................---.............-------...........-------6.
NA"l): NClIlEl...------------..........------------.........----------............---------........--..0.
(Council Member Dowe was absent.)
OATHS OF OFFICE.COMMITTEES.PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission, created by the death of Jeanette E. Hardin, for a term ending June 30,
2003; whereupon, he opened the floor for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Virginia Stuart.
There being no further nominations, Ms. l)tuart was appointed as a member
ofthe Personnel and Employment Practices Commission, for a term ending June 30,
2003, by the following vote:
FOR MS. STUART: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
Clllel ftnCllfClr l)n1itl1.........--------.--................------..............----------...............----------6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES.INDUSTRIES: The Mayor advised thatthere
is a vacancy on the Industrial Development Authority due to the resignation of
Stark H. Jones, for a term ending October 20, 2006; whereupon, he opened the floor
for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Allen D. Williams.
There being no further nominations, Mr. Williams was appointed as a Director
of the Industrial Development Authority for a term ending October 20, 2006, by the
following vote:
FOR MR. WILLIAMS: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith--...--------------..--------------....-------------------------.-..-----------------------6.
(Council Member Dowe was absent.)
35
COMMITTEES-PARKS AND RECREATION: The Mayor advised that there are
three vacancies on the Parks and Recreation Advisory Board; whereupon, he
opened the floor for nominations.
Mr. Bestpitch placed in nomination the names of Mary F. Monk, Jim Hale and
Carl H. Kopitzke.
There being no further nominations, Ms. Monk and Messrs. Hale and Kopitzke
were appointed/reappointed as members of the Parks and Recreation Advisory
Board, for terms ending March 31, 2006, by the following vote:
FOR MS. MONK AND MESSRS. HALE AND KOPITZKE: Council Members
Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor Smith...................--.------------6.
(Council Member Dowe was absent.)
COMMITTEES.LEAGUE OF OLDER AMERICANS: The Mayor advised that the
one year term of office of Vickie F. Briggs as a City representative to the Advisory
Committee . League of Older Americans, will expire on February 28, 2003;
whereupon, he opened the floor for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Vickie F. Briggs.
There being no further nominations, Ms. Briggs was reappointed as a member
of the Advisory Committee - League of Older Americans, for a term ending
February 28, 2004, by the following vote:
FOR MS. BRIGGS: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith -.--...............--------------------------.--............-------------------------------.6.
(Council Member Dowe was absent.)
AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term
of office of James M. Turner, Jr., as a member of the Roanoke Regional Airport
Commission will expire on March 9, 2003; whereupon, he opened the floor for
nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of James M. Turner, Jr.
36
There being no further nominations, Mr. Turner was reappointed as a member
of the Roanoke Regional Airport Commission, for a term ending March 9, 2007, by
the following vote:
FOR MR. TURNER: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Sm ith ---........----------.........--------........---------.......---------..........----------.6.
(Council Member Dowe was absent.)
OATHS OF OFFICE.COMMITTEES.HOUSING/AUTHORITY: The Mayor advised
that the terms of office of Sherman V. Burroughs, Raymond DeBose, Jr., and Tuan
Reynolds as members of the Fair Housing Board will expire on March 31, 2003; and
whereupon, he opened the floor for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Sherman V. Burroughs,
Raymond Debose, Jr., and Tuan Reynolds.
There being no further nominations, Messrs. Burroughs, Debose and
Reynolds were reappointed as members ofthe Fair Housing Board, for terms ending
March 31, 2006, by the following vote:
FOR MESSRS. BURROUGHS, DEBOSE AND REYNOLDS: Council Members
Harris, Wyatt, Bestpitch, Carder, Cutler and Mayor Smith....--------.........-------.....-6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES.HOTEL ROANOKE CONFERENCE CENTER:
The Mayor advised that the term of office of William White, Sr., as a member of the
Hotel Roanoke Conference Center Commission will expire on April 8, 2003;
whereupon, he opened the floor for nominations.
Mr. Bestpitch placed in nomination the name of William White, Sr.
There being no further nominations, Mr. White was reappointed as a member
ofthe Hotel Roanoke Conference Center Commission for a term ending April 8, 2007,
by the following vote:
37
FOR MR. WHITE: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler
and Mayor Smith --------------------------------------------------------------------------------------------6.
(Council Member Dowe was absent.)
OATHS OF OFFICE-COMMITTEES-CABLE TELEVISION: The Mayor advised
that there is a vacancy on the Roanoke Valley Regional Cable Television Committee
created by expiration of the term of office of Danny Frei; whereupon, he opened the
floor for nominations.
Mr. Bestpitch placed in nomination the name of Delvis O. (Mac) McCadden.
There being no further nominations, Mr. McCadden was appointed as a
member of the Roanoke Valley Regional Cable Television Committee, for a term
ending June 30, 2005, by the following vote:
FOR MR. MCCADDEN: Council Members Harris, Wyatt, Bestpitch, Carder,
C utle rand Mayor Smith -----.------....-.-.-.-------........-....--...-.---.-...----..-..---------------6.
(Council Member Dowe was absent.)
At 6:25 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Tuesday, February 18, 2003, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor
Ra I ph K. Smith ..............-..---------------------------------------------...--.....................------7.
AB SENT: N one-----.-----...............-.-.-----------------------------.-.-..................----0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
38
The reconvened meeting was opened with a prayer by Vice-Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
CITY CODE.zONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Tuesday, February 18, 2003, at 7:00 p.m., oras soon thereafter as the matter may
be heard, on the request of the City of Roanoke, on a proposed amendment to the
following sections of Chapter 36.1, Zonina, Code of the City of Roanoke (1979), as
amended: Section 36.1.164, Permitted uses, and Section 36.1-185, Permitted uses,
to remove medical clinics as a permitted use in the CN, Neighborhood Commercial
District, and the C.1, Office District; and amending and reordaining Section 36.1.165,
SDecial exceDtion uses, and Section 36.1.186, SDecial exceDtion uses, to add
medical clinics as a use permitted by special exception in the CN, Neighborhood
Commercial District, and the C-1, Office District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7,2003 and Friday, February 14, 2003.
A report of the City Planning Commission recommending approval of the
proposed text amendments, advising that the amendments further the intent of
Vision 2001-2020 to update the zoning ordinance to accommodate changes in land
uses and to protect and improve the quality of life in the City's neighborhoods, was
before Council.
Mr. Carder offered the following ordinance:
(#36245.021803) AN ORDINANCE amending and reordaining S36.1.164,
Permitted uses, and S36.1-185, Permitted uses, of Division 3, Commercial District
Regulations, of Article III, District Reaulations, of Chapter 36.1, Zonina. of the Code
ofthe City of Roanoke (1979), as amended, to remove medical clinics as a permitted
use in the CN, Neighborhood Commercial District, and the C-1, Office District; and
amending and reordaining S36.1.165, Special exemDtion uses, and S36.1-186,
Special exceDtion uses, of Division 3, Commercial District Reaulations, of Article III,
39
District Regulations. of Chapter 36.1, Zonina, ofthe Code ofthe City Roanoke (1979),
as amended, to add medical clinics as a use permitted by special exception in the
CN, Neighborhood Commercial District, and the C.1, Office District; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 135.)
Mr. Carder moved the adoption of Ordinance No. 36245.021803. The motion
was seconded by Mr. Dowe.
The Mayor inquired ifthere were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
Mr. Bestpitch requested a definition of the term "licensed professional
medical practitioners". He advised that "licensed professional medical
practitioners" has a specific and limited meaning that the individual has attended
medical school, graduated and subsequently been licensed to practice the
profession of medicine.
The City Attorney advised that according to research performed by his office
and the Zoning Administrator, it has been determined that a broad term is used in
the State Code to refer to a variety of medical practitioners or professions that are
now registered by the State, other than that which is traditionally thought of as
physicians.
Mr. Bestpitch advised that a medical practitioner is a person who has attended
medical school, and any person who practices an associated health related
profession may be helping people to heal, but they are not medical practitioners;
therefore, he stated that he was unsure of what the proposed ordinance will
accomplish. He stated that many of these types of clinics have only one medical
director who is not always on the premises on a full time basis and because there
is only one licensed professional medical practitioner, it can be said that the facility
is not a medical clinic, but a medical office, and may continue to operate by right in
those instances where the City is of the opinion that it should operate by special
exception. He requested some form of verification that the Commonwealth of
Virginia has changed its definition of the meaning to practice medicine, and
40
cautioned attempts by the City to amend the City Code to state that "licensed
professional medical practitioners" does not mean today what it meant several years
ago. He advised that "licensed medical practitioners" has one clear, specific and
limited meaning -. doctor.
There being no further discussion, Ordinance No. 36245.021803 was adopted
by the following vote:
AYES: Council Members Harris, Wyatt, Carder, Cutler, Dowe and Mayor
Smith --........--------......-----------......-.--------......-----------...------------...------------.......--6.
NAYS: Council Member Bestpitch-.------.......-------.-..------....-.--------.-1.
EASEMENTS.SPECIAL PERMITS: Pursuant to action of the Council, the City
Clerk having advertised a public hearing for Tuesday, February 18, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a
proposal of the City of Roanoke to allow encroachment of an awning extending at
least eight feet and eight inches above the sidewalk and approximately 30 inches
into the public right-of.way at the corner of 1 West Campbell Avenue and Jefferson
Street, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7, 2003.
A report of the City Manager advising that Hong Ki Min, owner of 1 West
Campbell Avenue, located at the corner of Campbell Avenue and Jefferson Street,
has requested permission for a tenant (applicant) to install an awning that will create
an encroachment into the public right-of.way of Jefferson Street, S. W.; the
revocable encroachment will extend approximately 30 inches into the right-of.way
of Jefferson Street, at a height above the sidewalk of 8'8"; the right-of.way of
Jefferson Street at this location is approximately 61 feet in width; and liability
insurance and indemnification ofthe City by the applicant shall be provided, subject
to approval of the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owner and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke, granting a revocable license to the property owner of
1 West Campbell Avenue, to allow installation of an awning that encroaches into the
right-of-way of Jefferson Street, S. W.
41
Mr. Carder offered the following ordinance:
(#36246.021803) AN ORDINANCE granting a revocable license to permit the
installation and encroachment of an awning extending at least eight feet eight inches
(8'8") above the sidewalk and approximately thirty (30) inches into the public right-
of.way at the corner of 1 West Campbell Avenue and Jefferson Street, S. W., and
bearing Official Tax No.1011127, upon certain terms and conditions; and dispensing
with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 137.)
Mr. Carder moved the adoption of Ordinance No. 36246.021803. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/comments by Council Members, Ordinance No.
36246-021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe
an d Mayor Smith ---------------------------------..-........-------------------------------................. 7.
NAYS: N one---------------.......--------------------------.-.-...--------------------------------.-0.
CITY MARKET-LEASES: Pursuant to action of the Council, the City Clerk
having advertised a public hearing for Tuesday, February 18, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to a proposal of the City
of Roanoke to award a contract for lease and management of the Historic City
Market Building, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, February 7,2003.
A report of the City Manager advising that in response to a Request For
Proposals for Operational Management of the City Market Building, which was
advertised on November 8, 2002, the City received four proposals for lease and
42
management; a review team interviewed all fourfirms and after thoroughly reviewing
each proposal and checking references, the review team selected Advantis Real
Estate Services Company as its first choice to provide the requested services, due
to the company's level of experience, specific experience with similar operations,
commitment to cleanliness, extensive leasing and marketing capability and
experience with tenant relations, was before Council.
The City Manager recommended that she be authorized to enter into a Lease
and Management Agreement, to be approved as to form by the City Attorney, with
Advantis Real Estate Services Company, for a term of one year with one, one year
renewal option, at a management fee of$24,OOO.00 for the initial term and $25,200.00
for the renewal term, which funds were previously appropriated by Council.
Mr. Carder offered the following ordinance:
(#36247.021803) AN ORDINANCE authorizing the City Manager to enter into
a lease and management agreement with Advantis Real Estate Services Company,
for the lease and management of the City Market Building, upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 139.)
Mr. Carder moved the adoption of Ordinance No. 36247.021803. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/comments by the Members of Council, Ordinance
No. 36247.021803 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe
and Mayor Sm ith ..--------..-------...---------...------...------...--------..--------....------....------.. 7.
NA)rl;: N()I1El----.....------...-------....------...------..-.------...-----.....-----....------.....--0.
43
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
MILITARY ACTION-COUNCIL: The Reverend Rusty Dinkins-Curling, 2817
Cumberland Street, N. W., presented a resolution proposed by an organization
known as Alternatives to War, opposing unilateral preemptive military action against
Iraq by the United States of America. He requested that Council adopt the measure
opposing the United States threatened violation of the United Nations Charter by
unilateral preemptive military action against Iraq and the precedent such action
would establish, and that the President and the Congress be urged to work with and
through the United Nations to obtain compliance by Iraq with United Nations
Security Council resolutions and that war should not be undertaken unilaterally or
preemptively by the United States.
Ms. Susie Fetter, 2923 Carolina Avenue, S. W., spoke in support of adoption
of the above referenced resolution for reasons dealing primarily with the potential
for humanitarian disaster, displacement of people, and the potential unintended
consequences that may have global possibilities. She addressed economic
concerns, and advised that the estimate of war is between $100 and $200 billion, in
addition to the present defense budget, which means fewer resources for
communities like the City of Roanoke.
Ms. Gene Edmunds, 2322 Rosalind Avenue, S. W., Chaplain, Roanoke City and
Roanoke County Jails, advised that as a Christian minister, she is naturally opposed
to war in general, and to this war in particular, for those reasons set forth in the
resolution. She referred to the potential for loss of lives on all fronts as a result of
the war, and called upon Council to provide the necessary leadership by adopting
the proposed measure opposing the war on Iraq.
Ms. Willow Dees, 517 Allison Avenue, S. W., spoke in support of adoption of
the resolution. She stated that she previously worked at a homeless shelter where
she had daily contact with veterans, both ofthe Gulf War and of previous conflicts,
who were dealing with mental health problems, physical health problems,
addictions, homeless ness, and poverty, and it was obvious that available
services/resources locally were not sufficient to meet their needs. She stated that
she was appalled that the United States government is considering creating more
veterans and sending more service people into danger and into war when it is
obvious that veterans of previous conflicts are not adequately cared for.
44
COMPLAINTS.ACTS OF ACKNOWLEDGMENT .ROANOKE CIVIC CENTER:
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke against the sale of alcoholic
beverages at the Roanoke Civic Center.
In recognition of his retirement as a local business man and a community and
state leader, Mr. Craft suggested that Council honor Roanoke's Delegate to the
House of Representatives, A. Victor Thomas, for his many contributions.
COMPLAINTS: Mr. Robert Gravely, 3860 Hershberger Road, N. W., expressed
concern with regard to the overall condition of the City of Roanoke.
At 8:30 p.m., the Mayor declared the meeting in recess until Thursday,
February 27,2003, at 10:00 a.m., at the Roanoke Regional Training Center, 1220
Kessler Mill Road, Salem, Virginia, for a Joint Meeting of the Roanoke City Council
and the Roanoke County Board of Supervisors, to discuss a Regional Water and
Sewer Authority.
The City Council meeting reconvened on Thursday, February 27, 2003, at
10:30 a.m., at the Regional Training Center, 1220 Kessler Mill Road, Salem, Virginia,
for a joint meeting of the Roanoke City Council and the Roanoke County Board of
Supervisors to discuss a regional water and sewer authority, with Mayor Ralph K.
Smith and Chairman Joseph P. McNamara presiding.
ROANOKE CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch,
William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F.
Wyatt and Mayor Ralph K. Smith---..--------....-------..--------.--------..--------..--------..------7.
ABS E NT: N one----...-----....-----.....-----...-----....-----....-----...------..--------.----.0.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Richard Flora,
Joseph B. Church, Michael W. Altizer and Chairman Joseph P. McNamara-----...--4.
ABSENT: Board Member H. Odell Minnix.-----..--------.-------.-------------------------1.
OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of
Finance; Stephanie M. Moon, Deputy City Clerk; Chris L. Slone, Public Information
Officer; Michael T. McEvoy, Director of Utilities; and representing Roanoke County:
Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Daniel R.
45
O'Donnell, Assistant County Administrator; Diane D. Hyatt, Chief Finance Director;
Gary L. Robertson, Director of Utilities; and Diane S. Childers, Clerk to the Roanoke
County Board of Supervisors.
Chairman McNamara and Mayor Smith expressed appreciation to everyone for
their attendance.
The invocation was delivered by Council Member C. Nelson Harris.
WATER-SEWERS AND STORM DRAINS: Gary Robertson, Utility Director,
County of Roanoke, advised that it is not a coincidence that the Regional Training
Center was chosen for the meeting, i.e., the regional accomplishments made by fire
and rescue, whether it be the training center, the radio system or joint staffing ofthe
Clearbrook fire station are projects that the localities would like to build on; and for
30 years there have been discussions regarding a water authority or regional
cooperation on a water supply for the Roanoke Valley. He further advised that early
last year, Roanoke City and Roanoke County staff were directed to pursue
possibilities of an authority; meetings that began with anxiety and trepidation ended
with excitement and expectations; many different scenarios were reviewed; a
contract amendment between the City and the County was considered, with various
options of a wholesale authority that would combine water sources, but keep
distribution systems separate and a full service authority that would combine not
only sources, but also transmission, distribution and administration; and
discussions regarding a water authority should also include wastewater.
He expressed appreciation for an opportunity to join with the Roanoke City
Director of Utilities to recommend that the City of Roanoke and the County of
Roanoke form a full service water and wastewater authority, based upon the
following three principles:
equal representation between the City and the County on the Authority,
pool assets of both the City and the County, and
equalize the rates between the City and the County.
Mr. Robertson expressed appreciation to both City Council and to the Board
of Supervisors for their support over the past few months and the following staff
who worked diligentlythroughoutthe process: ElmerC. Hodge, Darlene L. Burcham,
William M. Hackworth, Paul M. Mahoney, Jesse A. Hall, Diane D. Hyatt, Chris L. Slone
and John Williamson and Dale Moore, representatives of Roanoke Gas Company,
reviewed rate analysis and potential roadblocks.
46
Michael T. McEvoy, Director of Utilities, City of Roanoke, advised that staff's
recommendation to form a full service water and wastewater authority should
include the supply, treatment, transmission, and distribution of water to citizens in
both Roanoke City and Roanoke County, collection and treatment of wastewater, and
such functions as meter reading, billing, and account services for customers. He
advised that staff is also recommending that an independent governing board
oversee the authority, and the governing board should consist of equal
representation from both localities.
Mr. McEvoy further advised that significant efficiencies are to be gained that
will benefit all customers, i.e.: shared personnel and equipment, combined
management of the water reservoirs for maximum yield, joint meter reading and
billing operations, consistent operating policies including levels of treatment,
combined purchasing, drought management, and development review; and
combining operations will result in better planning and design of future
improvements for more efficient service delivery which will save time and money by
not duplicating solutions to the same problems.
Mr. McEvoy stated that an authority is in the Roanoke Valley's long term best
interests; combining the two systems will provide financial stability, which is
important in a capital-intensive industry like utilities; strong utility systems are
helpful in promoting economic development; customers will gain redundancy during
short-term emergencies, as well as periods of drought; facilitate replacement of
older infrastructure as well as construction of new facilities in areas not currently
served; and while the County and the City are taking this initial step, the authority
will be structured so as to allow other jurisdictions to participate in the future.
Mr. McEvoy further stated that the abovestated items apply to both water and
wastewater service; by combining assets, maximizing existing facilities, and making
additional inter-connections, a stronger and more stable water supply is created for
both localities; water plant expansions can be deferred through efficient use of
existing facilities; and construction of a large water supply project will require
combined resources that an authority can provide.
Mr. Robertson commented on the benefits of wastewater being included in an
authority. He pointed out that Roanoke County and the City of Roanoke, in addition
to the City of Salem, Town of Vinton and Botetourt County, already share a single
wastewater treatment facility and joint interceptor lines; and forming an authority
further solidifies the arrangement and makes planning for future improvements
easier and less controversial.
47
Mr. Robertson advised that Roanoke County presently has a contract with the
City of Roanoke for wastewater treatment; because of requirements from the
Department of Environmental Quality and a desire for additional capacity,
amendment to the contract will be necessary; and formation of an authority between
Roanoke County and the City of Roanoke, with shared ownership, removes any
uncertainty involved with renegotiating a contract for wastewater services in the
future, and also increases leverage for permitting other government agencies for
future improvements.
Mr. Robertson further advised that both the County and the City Utility
Departments share personnel, billing, equipment and administration between water
and sewer operations; and wastewater should be included in the proposed regional
authority in order to gain the most efficiency and to maximize potential cost savings.
Mr. McEvoy called attention to the following guiding principles:
pooled assets of utility systems by both localities,
equal representation on an independent governing board, and
equalization of rates over a mutually agreeable schedule.
He explained that there is significant work to be done; staff is recommending
authorization to prepare the necessary documents, contracts, and studies for
formation of a regional water and wastewater authority; and will return within 60
days to the respective governing bodies with a status report.
The County Attorney presented a resolution endorsing the creation of a
regional water and wastewater authority, which was adopted by the Roanoke County
Board of Supervisors on a 4-0 vote.
Mr. Cutler offered the following resolution:
(#36248.022703) A RESOLUTION endorsing the creation of a regional water
and wastewater authority, and authorizing the City Manager, Director of Finance and
City Attorney to proceed with developing an agreement and plan to create such an
authority.
(For full text of Resolution, see Resolution Book No. 67, page 140.)
48
Mr. Cutler moved the adoption of Resolution No. 36248.022703. The motion
was seconded by Mr. Bestpitch.
Appreciation was expressed to City and County staff for their efforts to move
the localities toward mutual cooperation.
There being no further discussion, Resolution No. 36248.022703 was adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Sm ith -----.-..------.-......-----.........-----........----------......----------.......-------7.
NA"l): NClI1El..----------.....----------......---------.....----------........--------......----------.0.
There being no further business, the Mayor declared the meeting of Roanoke
City Council adjourned at 10:55 a.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST:
~"r'r\.~
Stephanie M. Moon
Deputy City Clerk
49
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
March 3, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
March 3, 2003, at 9:00 a.m., in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Vice-Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193-010603 adopted by the Council on January 6, 2003, which changed the time
of commencement of the regular meeting of Council to be held on the first Monday
in each month from 12:15 p.m., to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, and Vice-Mayor C. Nelson Harris----------------------------------------.-----.-4.
ABSENT: Mayor Ralph K. Smith and Council Members Linda F. Wyatt and
Alfred T. Dowe, J r ...---.--------------------------------------------------------------------........-----------3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was second by Mr. Carder
and adopted by the following vote:
50
AYES: Council Members Bestpitch, Carder, Cutler, and Vice.Mayor Harris--4.
NA)(li: NClI1El-------..............---------------.-...........-----------------..........--------------~.
(Mayor Smith and Council Members Wyatt and Dowe were absent.)
At 9:05 a.m., the Vice-Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a Council/Staff Work Session.
The Council meeting reconvened at 9:15 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of
the Council in attendance, except Mayor Smith, Vice-Mayor Harris presiding.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; Rolanda
Russell, Assistant City Manager for Community Development; George C. Snead, Jr.,
Assistant City Manager for Operations; R. Brian Townsend, Director, Department of
Planning and Code Enforcement; Kenneth H. King, Manager, Streets and Traffic.
ITEMS LISTED ON THE 2:00 P.M. DOCKET REQUIRING
QUESTIONS/DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE
2:00 P.M. DOCKET:
The City Manager called attention to hard copies of certain agenda itElms that
were not forwarded to the City Clerk's Office in time to be included on the electronic
agenda, and noted that all agenda items are now in a format to be acted upon by the
Council.
Mr. Bestpitch inquired as to the process regarding agenda item 7.a. in
connection with a report of the City Planning Commission recommending an
amendment to the C-3, Central Business District regulations, to include veterinary
clinics, without corrals and pens, as a special exception use.
R. Brian TownsElnd, DirElctor, DElpartment of Planning and Code Enforcement,
advised that the City Planning Commission discussed the item at its meeting on
February 20 and it was the understanding of the Planning Commission that it was
to discuss the itElm in terms of whether the Planning Commission could support
moving forward with initiation of the zoning ordinance amendment. He stated that
on a 4 .2 vote, the City Planning Commission is recommending that Council initiate
51
the zoning ordinance amendment which can be done by resolution adopted by the
Council. He clarified that it was the understanding ofthe City Planning Commission
that Council was requesting the Planning Commission to consider the matter and
report its recommendation to the Council and the Council would decide if it wishes
to move forward with the petition to amend the zoning ordinance.
The City Manager clarified that there may have been either a
misunderstanding on the part ofthe City Planning Commission, or following review
of the tape recording of the Council meeting, it appeared that the direction that was
sent by Council was not for the City Planning Commission to decide whether or not
to initiate the petition, but to provide feedback to the Council. She advised that the
City Planning Commission is supportive of the petition, however, the Planning
Commission is suggesting that Council initiate the zoning ordinance amendment.
At this point, Council Members Dowe and Wyatt entered the meeting.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
Council Member Cutler inquired as to the status ofthe rezoning of7.292 acres
of land at Wonju Street and Franklin Road, S. W., from Light Manufacturing District,
to General Commercial District, for the possible construction of a shopping center.
The City Manager responded that no information has been received to date,
however, as information is received, it will be forwarded to the Council.
Council Member Wyatt referred to a communication from the City Manager
under date of February 27,2003, responding to her inquiry as to whether the City's
revised overtime policy is creating problems in certain City departments.
The City Manager submitted a communication advising that a survey of
departments with significant overtime use was conducted; and according to
responses received, the new overtime policy does not appear to have impacted
productivity in any measurable way. She stated that the changes made in July were
in compliance with the FLSA and are more representative of what occurs in the
marketplace today; departments are coping with the changes and have reported that
there have been no instances where coverage could not be provided due to not
having anyone answer the call for overtime; departments such as Fire-EMS and
E.911 may have to hold employees over from one shift to cover the next shift if no
one answers the call for overtime; and these employees understand that this is the
nature of their work and have come to expect the call for overtime and the
occasional hold over. She explained that overtime coverage in Fire-EMS is driven
52
by factors such as personnel shortages due to recent retirements; and there is no
specific data to show that the new overtime policy has had any significant impact
on City services.
Ms. Wyatt stated that the City Manager's communication was not fully
responsive to her inquiry, and requested additional information in regard to the
number of hold overs prior to initiating the revised policy, compared to the current
number of hold overs in the Fire/EMS, Police and Maintenance departments
specifically.
BRIEFINGS BY CITY STAFF:
The City Manager advised that several meetings ago, Council was requested
to appropriate funds for more detailed planning relative to traffic calming initiatives
in several areas of the City. She referred specifically to the Williamson Road area
inasmuch as some time ago there was dissension between the business community
and the residential community about the type oftraffic calming initiatives that should
take place, and City staff has addressed concerns and would like to review
alternatives for consideration by Council. She called attention to meetings attended
by representatives of businesses/residents of the Williamson Road area over the
past several months, and it is believed that there is a general agreement at this time.
Kenneth H. King, Manager, Streets and Traffic, advised that the issue came
to the surface when the City proposed the resurfacing of Williamson Road from
Angell Avenue to Hershberger Road, N. W. He stated that requests were received
from the business community to consider changing the pavement markings on the
road at the time of resurfacing, to reinstitute a center turn lane, and to provide two
lanes in each direction. He noted that data revealed that 60 per cent of all accidents
in the area were rear end collisions in the inside travel lane, which began to solidify
a belief that vehicles turning left were exposed to greater risk of rear end collisions;
however, in meetings with neighborhood groups, it was reported that the real
problem is the speed of traffic, characteristics of traffic, and residents favor a plan
that would be more compatible with the neighborhood environment, including
bicycle paths, sidewalks, curb and gutter and streetscaping.
In summary, Mr. King recommended the modification of pavement markings
to establish a center turn lane when the road is resurfaced; that the area between
Angell Avenue and Christian Avenue be used to demonstrate how the center turn
lane can be modified to include a landscaped median and other roadway
enhancements, such as textured pavement in the center lane and pedestrian
crosswalk areas can be included to calm traffic and to make the roadway operate in
greater compatibility with its environment.
Discussion by Council:
*There does not appear to be a groundswell of requests
for bicycle lanes in the Williamson Road community, and
residents are far more concerned with having sidewalks
and trees, rather than bicycle lanes.
*Persons who live in the area do not want a 25 mile per
hour speed limit, but they do favor an alternative that will
move traffic up and down the corridor efficiently.
Currently, there is a considerable amount of spill over
traffic into the residential neighborhoods and some
residents fear that there will be heavy duty traffic on
certain neighborhood streets. Residents want the
streetscape cleaned up with a more user friendly
atmosphere.
*There was consensus on the Williamson Road Plan that
it would slow down traffic and provide more of a
boulevard appearance with street trees, wider sidewalks,
etc., to provide a more user friendly area.
*The amount of truck traffic on Williamson Road is
comparable to Brandon Avenue, S. W.
* Are there other areas of the City that are more intense in
terms of pedestrians crossing the road? It was noted that
few pedestrians cross Williamson Road; however, there is
some foot traffic in the vicinity of the Williamson Road
Branch Library and Richie.Freeze. One of the most
dangerous crossings is located at the adult home where
residents cross the street to access the Seven . Eleven
Store.
*Can the area from Christian Avenue south to Angell
Avenue be completed as a part ofthe maintenance project,
or should separate funding be identified? It was explained
by staff that the area would require additional funds
beyond the maintenance project; approximately
$140,000.00 is earmarked as opportunity funding for the
area, pursuant to direction of Council; however, these
types of improvements are estimated to be in the range of
$200,000.00.
53
54
*It would appear that providing for a left turn lane for
vehicles to move out of the line of traffic will inevitably
raise the average speed limit. Concern was expressed
that while the number of accidents might be reduced, the
severity of accidents could increase because vehicles will
be moving at a higher rate of speed.
*Because of spacing and the amount of traffic that
businesses generate, there are not a lot of opportunities
for two cars to be in the left turn lane heading toward each
other, and it appears that with almost continuous curb
cuts along a fair amount of Williamson Road, there will be
more opportunities for a head on collision with one
vehicle heading north and one heading south, with both
vehicles trying to get in the center left turn lane.
*Five traffic lanes and an unimpeded left turn lane
represents another Brandon Avenue. Roads in the City of
Roanoke should be designed to accommodate the posted
speed limit and no more.
* The traffic calming project should be accomplished in an
aesthetically pleasing manner and initiated on a trial basis.
*Are there Federal funds that could be used for a
demonstration project?
*With landscaping and medians, traffic will be slowed
down, therefore, medians should be installed as soon as
possible to prevent a speedway appearance from
occurring.
*The opportunity to improve aesthetics by means of street
trees, vegetation, etc., is important because if the
appearance of the street appeals to motorists, they will
slow down to enjoy the view.
*The issue is not justtraffic calming, and it is necessary to
be conscious of certain roads in the City that are arterial
roads, the purpose of which is to move traffic efficiently
from one side of the City to the other. It is important not
to end up with a congested City where no one wants to
drive through a certain part of town. The City needs to
55
provide a balance by calming traffic down, but at the same
time, traffic should not be calmed down to the point that
traffic becomes so congested that people avoid certain
parts of town, or traffic is directed to parallel streets,
thereby creating more traffic.
*During the summer months, teenagers congregate at
Trinkle Avenue. As the proposed plan is implemented,
there should be some assurance that another traffic
nightmare will not be created for persons traveling and
residing in the Williamson Road area.
*Where there are a limited number of parking spaces
located directly in front of a business, could an incentive
be offered to those business owners to encourage
customers to park in adjacent parking areas/lots that are
owned and used by the businesses.
The City Manager advised that City staff will identify funds for traffic calming
initiatives in several locations in the City, Council appropriated funds for the final
design, and it is hoped that any excess funds in the account can be used to address
some ofthe improvements; however, the Williamson Road project appeared to have
the need for additional discussion by Council. She stated that if the Council is
supportive ofthe Williamson Road pilot project, staff will identify funding forthe first
phase. She noted that it is doubtful that funds will be available to complete the
second phase of the project which could be the next step, and some of the roads
will take multiple years for project completion. She advised that City staff is
reviewing the Brandon Avenue issue, and exploring certain concepts in connection
with addressing traffic which could involve private property owners. She called
attention to numerous locations in the City of Roanoke where traffic calming needs
to take place, but they cannot all be completed in the immediate future.
Mr. King advised that an open house will be held in April to involve those
businesses that will be affected by the Williamson Road traffic calming project, to
present the project as a Phase I and Phase II type implementation, and to encourage
businesses to consolidate their driveways and to share access, with the goal of a
mid..July construction time frame.
It was the consensus of Council that final design of the Williamson Road
project will be presented to Council for review and approval, and the City Manager
advised that staff will proceed with detailed design work on the Williamson Road,
Grandin/Memorial and BullittlJamison traffic calming projects.
56
LEADERSHIP COLLEGE:
Stephen Niamke, Coordinator, Roanoke Neighborhood Partnership, presented
information on the City of Roanoke's first Leadership College. He advised that the
purpose of the Leadership College is to educate citizens about how the City of
Roanoke functions and to teach best practices in leadership and community
organizing; and graduates of the Leadership College will become resources within
their respective communities, capable of advising others as they access City
services and ready to lead as citizens work to solve problems within the community.
Council Member Cutler inquired if there could be an incentive for having
graduated from the Leadership College when applying for appointment to a Council.
appointed committee; whereupon, the City Manager advised that if the Council
wishes to place graduation from the Leadership College as a criteria for appointment
to boards and commissions, such could be accomplished following completion of
the first Leadership College.
There was discussion in regard to creating a participative and a hands on
environment for those persons participating in the sessions; encouraging citizens
to participate who have not thus far been actively engaged in City government
activities; conducting sessions that will involve role playing activities, for example:
a mock City Council meeting or City Planning Commission meeting; and that the
level of instruction will be such that graduates will know how to navigate the City
government structure.
FRANKLIN ROAD CULVERT:
Mr. Townsend advised that there has been light activity on the site, a street
opening permit was issued, and a soil analysis is under way. He stated that the
developer is currently working on two plans, and he has been requested to review
the plans with City Planning and Engineering staff prior to submitting a request to
Council.
FAIRACRES PROPERTY:
The City Manager presented a communication which was intended to provide
Council with additional information as a part of its consideration of a request to
endorse a resolution offered by the Roanoke Valley Preservation Foundation
recognizing the architectural and historical significance of the Fairacres property,
located at 2713 Avenham Avenue, S. W. She advised that the site is approximately
2.5 acres and contains one house of over 6,800 square feet, current zoning is RS-3,
Residential Single Family District, and principal permitted uses include single family
detached, day care homes, day care facilities (elderly), churches/synagogues,
parks/playgrounds, and home occupations.
> ~
57
The City Manager explained that the residential development potential by right
under current zoning includes use of the house in its current configuration as a
single family residence, subdivision ofthe property into RS-3 compliant lots with the
house in place (number limited given location of the house on the existing lot -
estimated three - six new lots could be created); and subdivide the property into
RS-3 compliant lots with demolition of the house (estimated number of lots created
14-16).
The City Manager advised that consideration of any resolution by Council
recognizing the "architectural and historic significance" of the Fairacres property
will not have any effect on the "by right" development potential ofthe property under
its current RS-3 zoning designation, including demolition of the existing structure;
and while no one can predict with certainty what may happen if Council were to
adopt the proposed resolution, any of the following could result:
*Chilling any purchase interest in the site while it is
currently on the market, or dampening investigation of
other re-use options that may be economically viable, by
giving the indication that the City is not interested in
considering any other use of the property except as one
single family detached structure.
*Potentially accelerating any interest to pursue demolition
of the property in anticipation that the City might soon
initiate a change of the zoning on the property to more
closely reflect the sentiments contained in the resolution
(Historic designation would put limitations on "by right"
demolition).
*Implying that the City would deny any demolition or
development activity, when, in fact, the support for the
resolution would not affect the "by right" development
rights under the property's current zoning.
Council Member Cutler advised that he intended to offer the resolution at the
2:00 p.m. Council session, and to indicate that adoption ofthe resolution has no real
impact on the "by right" development of the property.
There was discussion with regard to legal ramifications, if any, to the City if
the resolution is adopted; whereupon, the City Attorney advised that the possibility
of any type of legal action in connection with the property is remote, and the
resolution states primarily that Council recognizes the architectural/historical value
of the Fairacres property.
58
The City Manager called attention to statements that have been made that the
property could be purchased by an individual, or group of individuals, and donated
to the City of Roanoke. She advised that although Fairacres is a beautiful historical
home, the City is currently experiencing problems with some of the historic homes
that it currently owns because they have not been used appropriately. She
explained that the Parks and Recreation Master Plan suggests that the homes not
be used for these purposes and at some point in the future, the homes should be
returned to historical home use. She stated that if there are plans that would suggest
that the City either acquire the Fairacres property, or that the property be donated
to the City for a specific use, the City as an organization should be cautious about
any such donation, given the fact that there may be even more expenses assoc:ated
with a donation.
At 11 :05 a.m., the Vice-Mayor declared the work session in recess.
At 11:15 a.m., Council convened in Closed Session in the Council's
Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, to discuss vacancies on certain authorities, boards,
commissions, and committees, appointed by Council, which closed session was
previously approved by the Council at its 9:00 a.m. session.
At 11 :40 a.m., the Council meeting reconvened in the City Council Chamber,
with all members of the Council in attendance, with the exception of Mayor Smith,
Vice-Mayor Harris presiding.
With respect to the Closed Meeting just concluded, Mr. Bestpitch moved .that
each Member of City Council certify to the best of his or her knowledge that: (1) only
public business matters lawfully exempted from open meeting requirements under
the Virginia Freedom of Information Act; and (2) only such public business matters
as were identified in any motion by which any Closed Meeting was convened were
heard, discussed or considered by City Council. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and Vice.
Mayor H arris..............................................................................................-.-6.
NAYS: None---------------.--------------------------------------------------------------------.0.
(Mayor Smith was absent.)
59
COMMITTEES-PARKS AND RECREATION: The Vice-Mayor advised that there
is a vacancy on the Parks and Recreation Advisory Board, and called for
nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of James Settle.
There being no further nominations, Mr. Settle was appointed as a member of
the Parks and Recreation Advisory Board, for a term ending March 31,2006, by the
following vote:
. FOR MR. SETTLE: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe
an d Vice-M ayo r Harris------------------------.-----------..------------.-------------------------.------6.
(Mayor Smith was absent.)
FLOOD REDUCTION/CONTROL: The Vice.Mayor advised that there is a
vacancy on the Flood Plain Committee, and called for nominations to fill the
vacancy.
Mr. Cutler placed in nomination the name of Herbert C. Berding, Jr.
There being no further nominations, Mr. Berding was appointed as a member
of the Flood Plain Committee, for a term ending June 30, 2003, by the following vote:
FOR MR. BERDING: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe
and Vice-Mayor H arris-------------------------------.---------------------.-.----------------...----------6.
(Mayor Smith was absent.)
PLANNING-COMMITTEES-OATHS OF OFFICE: The Vice.Mayor advised that the
four-year terms of office of Gilbert E. Butler, Jr., D. Kent Chrisman, and Melvin Hill
as members ofthe City Planning Commission expired on December 31,2002, Mr. Hill
has declined to serve another term, and called for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Gilbert E. Butler, Jr., D. Kent
Chrisman and Henry Scholz.
There being no further nominations, Messrs. Butler, Chrisman and Scholz
were reappointed/appointed as members ofthe City Planning Commission, for terms
ending December 31, 2006, by the following vote:
60
FOR MESSRS. BUTLER, CHRISMAN and SCHOLZ: Council Members Wyatt,
Bestpitch, Card~r, Cutler, Dowe, and Vice-Mayor Harris--........---------......-.---------6.
(Mayor Smith was absent.)
There being no further business, at 11 :40 a.m., the Council meeting was
declared in recess until 2:00 p.m., in the City Council Chamber.
The Council meeting reconvened at 2:00 p.m., on Monday, March 3, 2003, in
the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Vice.Mayor Harris presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, William H.
Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., and Vice-MayorC. Nelson Harris-------6.
ABSENT: Mayor Ralph K. Smith....------------.--.........-----------.-......----------------1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by David Springer, Member, Bdhar
Faith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice.Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: Vice.Mayor Harris presented a proclamation declaring the
month of March 2003 as American Red Cross Month.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
61
AIRPORT-EASEMENTS-CITY PROPERTY: A communication from the City
Manager requesting that Council schedule a public hearing for Monday, March 17,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
an encroachment into the public right-of-way at the main entrance of the Roanoke
Regional Airport, Official Tax No. 6640115, was before the body.
Mr. Carder moved that Council concur in the request ofthe City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and
Vi ce.M ayor Harri s----...---------.---------------------------------------------------------------------------6.
NAYS: N on e---------------..------------.------------.-----------...----------.------------.--------0.
(Mayor Smith was absent).
PURCHASE/SALE OF PROPERTY.AIRPORT-CITY PROPERTY: A
communication from the City Manager requesting that Council schedule a public
hearing for Monday, March 17,2003, at 7:00 p.m., or as soon thereafter as the matter
may be heard, with regard to a proposed conveyance of City-owned property on
Municipal Road, N. E., identified as Official Tax No. 6640123, was before the body.
Mr. Carder moved that Council concur in the request ofthe City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and
Vice- M ayor Harris--------_.------------------------------------_.--------------------------------------------6.
NAYS: N one-----------------------------------------------------------------------------------------0.
(Mayor Smith was absent).
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
REAL ESTATE VALUATION-CITY EMPLOYEES: A communication from
Vice-Mayor C. Nelson Harris, Chair, City Council Personnel Committee, advising of
the retirement of Willard N. Claytor, Director, Real Estate Valuation, effective July 31,
2003, was before Council.
62
As Chairman of the Personnel Committee, he requested that the following
actions be taken: (1) given Mr. Claytor's many years of outstanding service to the
City Council and to the City of Roanoke, the City Clerk is requested to arrange an
appropriate retirement function for Mr. Claytor; (2) the Director of Finance is
requested to provide a brief written summary relative to his plans for integrating the
Real Estate Valuation function into his office, effective August 1, 2003, and during
the spring meeting of the Personnel Committee when determining salary
adjustments, it would be appropriate for Council to consider an appropriate pay
increase for the Director of Finance related to his increased responsibilities in
assuming this function; and (3) the City Attorney is requested to prepare the
necessary action to remove the Director of Real Estate Valuation position from a
Council-Appointed position to a Director of Finance position, effective August 1,
2003.
Without objection by Council, the Vice-Mayor advised that the communication
would be received and filed.
LANDMARKS/ HISTORIC PRESERVATION: Council at its regular meeting on
Tuesday, February 18, 2003, having deferred action on a request of the Roanoke
Valley Preservation Foundation for endorsement by Council of a resolution
recognizing the architectural and historic significance of the Fairacres property,
located at 2713 Avenham Avenue, S. W., the matter was again before the body.
Mr. Cutler offered the following resolution:
(#36249.030303) A RESOLUTION recognizing the architectural and historic
significance of the Fairacres property.
(For full text of Resolution, see Resolution Book No. 97, page 143.)
Mr. Cutler moved the adoption of Resolution No. 36249.030303. The motion
was seconded by Mr. Dowe.
Mr. Cutler requested that the record reflect that the Fairacres property is of
architectural and historic significance, but it should be noted that the resolution
does not affect the rights of the Roanoke Council of Garden Clubs to develop the
property, and he supports those sentiments as expressed in the resolution.
Charles H. Osterhoudt, Attorney, representing the Roanoke Council of Garden
Clubs, Inc., owner of the property, advised that his client opposes adoption of the
resolution at this time; however, the position of his client does not mean that it is
opposed saving and preserving the property in its present status. He stated that the
organization is well aware of the fact that there are persons in the community,
particularly in the South Roanoke area, who oppose any change to the property, but
63
maintaining the property is a burden that the organization can no longer carry, and
is a question that should be passed on to a new owner. He advised that the
Roanoke Council of Garden Clubs, Inc., is an umbrella organization, the constituent
members of which are the various garden clubs located throughout the Roanoke
Valley; when the Fairacres property was acquired in 1964 from the Stevenson family,
there were 52 such garden club organizations in the Roanoke Valley and over 1500
members; and today there are only 22 organizations with approximately 600
members. He called attention to restrictions on the use of the Fairacres property;
in 1992, the Roanoke Council of Garden Clubs sought approval to use the property
for other purposes, which was widely opposed by the neighborhood; and in order
for the Council of Garden Clubs to survive, it must relocate to an area that is easier
to maintain and more compatible with its fund raising efforts. Therefore, he stated
that the Roanoke Council of Garden Clubs is of the opinion that a position in regard
to the historic significance of Fairacres should await a new owner.
Sarah Bell Parrott, 3112 Somerset Street, S. W., President ofthe Mill Mountain
Garden Club, one of the largest clubs in the Roanoke Council of Garden Clubs,
advised that Fairacres is a historic home built by William C. Stevenson who was a
prominent local businessman and an early citizen of Roanoke; the house was
designed by the noted architectural firm of Frye and Chesterman, who were
responsible for some of the most significant buildings in Roanoke; and the Tudor
Revival style house was a popular style in residential design in the first half of the
twentieth century. Because of the relative youth of Roanoke, she stated that there
are not many homes of this caliber and age; therefore, she requested that Council
adopt the resolution which acknowledges both the architectural and historic
significance of Fairacres, and will raise the awareness of its historic value to the
Roanoke Valley.
Ms. Vikki Tomlinson, 25 Claybrook Court, Blue Ridge, Virginia, spoke in
support of adoption of the resolution because of the historic significance of the
Fairacres property.
Allison Blanton, 1701 Arlington Road, S. W., President of the Roanoke Valley
Preservation Foundation, advised that the Preservation Foundation wishes to clarify
that Fairacres is an architecturally and historically significant property in the City of
Roanoke, and encourages property owners to be aware of the historic significance
as plans are finalized for the future of Fairacres.
Barbara N. Duerk, 2607 Rosalind Avenue, S. W., who served as President of
Neighbors in South Roanoke when the South Roanoke Neighborhood Plan was
adopted in 1988, advised that South Roanoke's values are listed as community
values and are important to the unique neighborhood character and quality of life;
the history and architecture of the neighborhood are important features that should
be acknowledged and protected; and residents value gateway entrances, along with
64
new development and construction that should be compatible with the design and
scale of existing residential and commercial development. She stated that the
neighborhood plan specifically refers to the importance of historic and architectural
resources; therefore, Fairacres is one ofthe most prominent resources that should
be protected. She advised that a sense of place should be maintained, and
encouraged Council to adopt the resolution recognizing the architectural and
historic significance of the Fairacres property.
Mr. Carder advised that the proposed resolution does not in any way affect
what can be done with the Fairacres property, but simply states that Fairacres adds
to the historic value of the neighborhood.
Resolution No. 36249.030303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and
Vice -Mayor Harris -------------.......------------...-.....------------------...--------------.-.-----6.
NA)(l): NCll1e..-----------.-.........-----------............----------------.........-------------._.-0.
(Mayor Smith was absent.)
SCHOOLS: Dr. Rita Bishop, Associate Superintendent for Instructional
Systems, Roanoke City Public Schools, presented a briefing on the English
Language Learner's Program (ELL).
She advised that the ELL must be based in sound educational theory, exhibit
effective implementation ofthe educational theory, provide necessary resources for
success, ensure regular evaluation and modification (when needed), and provide
equitable access for students; guiding principles provide trained and knowledgeable
staff, ensure that administrators and teachers are skilled in effective instructional
practices for ELL, inform parents/guardians regarding ELL policies and practices,
and be accountable for the success of its students. She presented results of a
survey of Limited English Proficient Students as of January 30, 2003, totaling 432 in
Pre Kindergarten through Grade 6; and students were served as follows in the
English Language Learner's Program.
1996 - 1997 - 123
1997 - 1998 - 129
1998 - 1999 - 194
1999 . 2000 . 225
2000 - 2001 - 302
2001 . 2002 . 353
2002 - 2003 - 432
65
Without objection by Council, the Vice-Mayor advised that the briefing would
be received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL.SNOW
REMOVAL: The City Manager submitted a communication advising that on
February 24, 2003, the City was notified by the Virginia Department of Emergency
Management that the Governor had declared a State of Emergency for snow removal
due to expenses incurred by the Virginia Department of Transportation; once a State
of Emergency has been declared, localities responsible for their own snow removal
efforts are eligible to apply for public assistance; if approved, the City WOUld be
eligible for snow removal for a 48 hour period, including such activities as plowing,
cleaning sidewalks and chemicals; the 48 hour period will cover from February 15,
2003, at 7:00 p.m., through Monday, February 17, 2003, at 7:00 p.m.; and costs
claimed for the period totaled $107,798.27.
It was further advised that the City experienced a flood event commencing
Saturday, February 22,2003, which resulted in both public and private damage and
significant cost to the City in dealing with the impact of the emergency; and an initial
estimate of cost for the event includes $1,031,100.00 in damage to public property
and $1,322,500.00 in damage to homes and businesses, which estimates are subject
to change as findings are updated and insurance estimates are received.
It was explained that damage estimates, a slow economy, and reductions in
State funding limit the City's ability to cover the cost of expenses resulting from
these events; on February 25, the City Manager declared emergencies to exi..t for
both of these events based on information received by the Virginia Department of
Emergency Management; declaration of a local emergency does not automatically
guarantee that State and Federal financial assistance will be provided; and the
Governorwill make a decision on whether or not to request Federal assistance, once
State-wide damage estimates are received.
The City Manager recommended that Council confirm the City Manager's
action declaring local emergencies to exist for snow for the period February 15 -
February 17, 2003, and for a flood commencing on February 22,2003.
66
Mr. Dowe offered the following resolution:
(#36250.030303) A RESOLUTION confirming the declaration of a local snow
emergency; conferring emergency powers in the City Manager as Director of
Emergency Management; authorizing the City Manager to make application for
Federal and State public assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial information for the City; and
calling upon the Federal and State governments for assistance.
(For full text of Resolution, see Resolution Book No. 97, page 144.)
Mr. Dowe moved the adoption of Resolution No. 36250.030303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice. Mayor H arris -------.-..........------------.--.-........-----------------.........---------------...-6.
NA)rl): None.......--------------..................--------------...............--------------......-0.
(Mayor Smith was absent).
Mr. Dowe offered the following resolution:
(#36251.030303) A RESOLUTION confirming the declaration of a local flooding
emergency; conferring emergency powers in the City Manager as Director of
Emergency Management; authorizing the City Manager to make application for
Federal and State public assistance to deal with such emergency; designating a
fiscal agent and an agent for submission of financial information for the City; and
calling upon the Federal and State governments for assistance.
(For full text of Resolution, see Resolution Book No. 97, page 146.)
Mr. Dowe moved the adoption of Resolution No. 36251.030303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice- Mayor Harris.............-.-.---------------------------------------------------------------------..-.-6.
NA)rl): Nellle-----------------...-----.-------------------------------------------------------..-....-0.
(Mayor Smith was absent).
EASEMENTS.SIGNS/BILLBOARDS/AWNINGS: The City Manager submitted a
communication advising that Shellco, LLC, owner of 216 Market Street, S. E., located
at the corner of Market Street and Kirk Avenue, has requested permission to retain
awnings that encroach into the public rights-of.way of both Market Street and Kirk
67
Avenue; the revocable encroachments will extend approximately 40 inches into the
right-of.way of Kirk Avenue and approximately 48 inches into the right.of-way of
Market Street, at a minimum height above the sidewalk of nine feet; right-of.wayof
Kirk Avenue at this location is approximately 25 feet in width, and the right-of-way
of Market Street at this location is approximately 50 feet in width; and liability
insurance and indemnification of the City by the applicant shall be provided, subject
to approval by the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance granting a
revocable license to the property owner at 216 Market Street, S. E., to allow awnings
that encroach into the rights-of-way of both Market Street and Kirk Avenue to remain.
Mr. Dowe offered the following ordinance:
(#36252-030303) AN ORDINANCE granting a revocable license to permit the
encroachment of an awning at a minimum height above the sidewalk of nine feet,
extending approximately 40 inches in the public right-of-way of Kirk Avenue and
extending approximately 48 inches into the public right.of-way of Market Street,
S. E., from property bearing Official Tax No. 4010902, upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 148.)
., Mr. Dowe moved the adoption of Ordinance No. 36252-030303. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and
Vice- Mayor Harris...----------....----------....-----------...-------------...------------..-------------..--6.
NA'(l): NCll1e---.-----------..--------------.------------...--------------.----------------------~----().
(Mayor Smith was absent.)
EASEMENTS.EQUIPMENT: The City Manager submitted a communication
advising that the City of Roanoke's Departmental Environmental Representatives
Team is implementing a program to recycle used cartridges from printers, fax
machines and copiers owned by the City; arrangements for recycling the cartridges
have been coordinated with a Recycling Center located in Franklin, Tennessee; the
Recycling Center has sent the City, free of charge, envelopes and boxes to ship used
cartridges to its facility, postage paid; in return, the Recycling Center will pay a small
amount, between $0.50 and $5.00 per item, depending upon the size and type, for the
68
cartridges that are received; the Recycling Center has developed equipment that
processes cartridges and refills them for resale; and these "remanufactured"
cartridges are available under several brand names through most office supply
companies.
It was further advised that while team members wish to implement the
recycling program, receiving and handling checks for such small amounts will be
cumbersome for the City; therefore, the team would like to designate the checks to
be sent to the Clean Valley Council as a contribution; the Executive Director and
staff of the Clean Valley Council support the program and will accept contributions,
with checks to be sent directly from the Recycling Center to the Clean Valley
Council; total annual contributions to the Clean Valley Council are not expected to
exceed $500.00; the program will be evaluated by the Departmental Environmental
Representatives Team annually to track its success; and if the amount contributed
is higher than expected, the team will consider whether to include other
organizations for this donation, or to retain the funds for City operations.
The City Manager recommended that she be authorized to approve the
printer cartridge program as developed by the Departmental Environmental
Representatives Team and approve payment for recycled cartridges as contributions
to the Clean Valley Council.
Mr. Dowe offered the following resolution:
(#36253-030303) A RESOLUTION authorizing the City Manager to review and
approve a Printer Cartridge Recycling Program that has been developed by the City
of Roanoke's Departmental Environmental Representatives Team; authorizing the
City Manager to provide for the assignment or designation of funds due to the City
from the recycling entity that receives the printer cartridges be sent to the Clean
Valley Council, Inc., as a contribution from the City, subject to certain conditions;
and authorizing the City Manager to take such further action and to execute and
provide such documents as may be necessary to implement this program.
(For full text of Resolution, see Resolution Book No. 97, page 151.)
Mr. Dowe moved the adoption of Resolution No. 36253-030303. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice. Mayor H arris---------------------------------------------------------------------------------------.-6.
NAYS: N one......................................................--------.--.----------------------.0.
(Mayor Smith was absent.)
69
BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager submitted a
communication advising that the purpose of the U. S. Department of Justice
Equipment Grant Program is to assist Virginia localities in preparation for their
response to weapons of mass destruction incidents; the Commonwealth of Virginia
Department of Emergency Management (VDEM) is the designated State agency
charged with the responsibility of managing the grants; Department of Justice
Grants are intended to allow local governments to purchase response equipment
that the locality identifies as needed; funding is restricted to the purchase of
equipment from a specified and limited number of commodity areas and personal
protective equipment for police officers will be purchased with the funds; grant
funds are awarded retroactive to 1999 through 2002; and the total amount offunding
allocated to the City of Roanoke is as follows:
GRANT
1999 Grant
2000 Grant
2001 Grant
2002 Grant
AWARD AMOUNT
$ 3,777.72
$ 11,000.96
$ 11,269.10
$ 45,405.31
FUNDS MUST BE
OBLIGATED BY
March 23, 2003
July 31, 2004
July 31, 2004
July 31,2004
TOTAL AWARD: $ 71,453.10
It was explained that the funds do not require a local match, and application
for drawdown of grant funds requires execution by the governing body of the City
of Roanoke of the Designation of Applicants Agent Resolution.
The City Manager recommended that Council accept the Virginia Department
of Emergency Management Grant and that the City Manager be authorized to execute
the grant agreement and any related documents; and appropriate State grant funds
of $71 ,453.00, with a corresponding revenue estimate, in accounts to be established
by the Director of Finance in the Grant Fund.
Mr. Carder offered the following budget ordinance:
(#36254-030303) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 152.)
Mr. Carder moved the adoption of Ordinance No. 36254-030303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
70
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice.Mayor Harris.---------.........-------.--.-... ......-----------........-----------....-6.
NAYS: None---..-.---------...-.-..----------.........-------------.......__________._.-0.
(Mayor Smith was absent.)
Mr. Carder offered the following resolution:
(#36255.030303) A RESOLUTION authorizing the acceptance of the
Commonwealth of Virginia Department of Emergency Management Grant by the U. S.
Department of Justice Equipment Grant Program and authorizing the execution of
any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 97, page 153.)
Mr. Carder moved the adoption of Resolution No. 36255.030303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice. Mayor H arris--------------.-.............-----------------------------..-...............-.--------------6.
NA'fl): NClIlEl............................-----------------------------....-..............-------------0.
(Mayor Smith was absent.)
Mr. Cutler offered the following resolution:
(#36256-030303) A RESOLUTION designating the City of Roanoke's agent for
the purposes of the National Domestic Preparedness Office Grant Program(s)
administered by the Commonwealth of Virginia.
(For full text of Resolution, see Resolution Book No. 97, page 154.)
Mr. Cutler moved the adoption of Resolution No. 36256-030303. The motion
was secondEld by Mr. Carder and adopted by thEl follClwing vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe, and
Vice- Mayor H arris-------------------------------------------------------------------..-........-...-.....-6.
NA'fS: NClIlEl---------------------------------------------------------------................--......-.0.
(Mayor Smith was absent.)
71
CITY EMPLOYEES WORKERS COMPENSATION: The City Manager submitted
a communication advising that Council adopted Resolution No. 4748 on February 28,
1936, which granted pay benefits to certain City employees who were absent from
employment due to personal injuries received in the line of duty for up to 60 days;
on February 7,2000, Council repealed Resolution No. 4748 and adopted Resolution
No. 34671.020700 which granted pay benefits to all full-time City employees wh'l are
absent from employment due to personal injuries received in the line of duty for up
to six months; an unanticipated result of this resolution occurs when an employee
is injured on the job, receives conservative medical treatment, but is later required
to undergo surgery as part of the medical care; and in these rare cases, the
employee may not benefit from the full period of supplemental pay.
It was further advised that these inequities can be addressed by repealing
Resolution Nos. 4748 and 34671.020700 and adopting a new resolution which
authorizes the City Manager to approve supplemental pay for any full-time City
employee who receives a bodily injury arising out of and in the course of his or her
employment with the City of Roanoke, and who, as a result of such injury, receives
temporary disability benefits pursuant to the Workers' Compensation Act; in general,
the City Manager may authorize supplemental pay under such circumstances during
only the first 26 weeks after the date of injury, and such supplemental pay may
continue until either the end of the 26 week period, or until such employee is able
to return to duty, whichever occurs first; if an employee, after having received
supplemental pay during the 26 week period, and after returning to full or modified
duty with the City of Roanoke, becomes once again unable to perform full or
modified duty with the City of Roanoke during the 26 week period as a result of such
injury, the City Manager may authorize supplemental pay while the employee is
absent from work until the end of the 26 week period, or until the employee is able
to return to duty, whichever occurs first; however, the above notwithstanding, if at
any time an employee is unable to return to full or modified duty with the City of
Roanoke due to surgery necessitated by the injury, the City Manager may authorize
supplemental pay upon the employee's absence from work, which supplemental pay
may continue until the employee is otherwise no longer eligible to receive
supplemental pay.
It was explained that the amount of supplemental pay authorized by a
proposed measure shall be an amount equal to the difference between the
employee's regular base pay with the City of Roanoke and any temporary disability
benefits paid to the employee pursuant to the Workers' Compensation Act; and in
no case shall any employee receive supplemental pay authorized by the proposed
measure for a total period of time greater than 26 weeks for any single injury.
72
The City Manager recommend that Council repeal Resolution Nos. 4748 and
34671.020700 and adopt a new resolution, retroactive to February 7,2000.
Ms. Wyatt offered the following resolution:
(#36257.030303) A RESOLUTION extending certain pay benefits to full-time
City employees who incur injuries arising out of and in the course of their
employment; and repealing Resolution No. 4748, adopted February 28, 1936, and
Resolution No. 34671.020700, adopted February 7,2000.
(For full text of Resolution, see Resolution Book No. 97, page 156.)
Ms. Wyatt moved the adoption of Resolution No. 36257.030303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice. Mayor Harris..----------------------.....-.....-.-.-------------------..........-.------------6.
NA"l): N()I1El...-----------------------.-..................--------------------------................-ll.
(Mayor Smith was absent.)
TRAFFIC.BUDGET -ARMORY/STADIUM-ROANOKE CIVIC CENTER-
TRANSPORTATION SAFETY: The City Manager submitted a communication advising
that Council was briefed on the City's plans to control event traffic for Civic Center
and Stadium/Amphitheater activities; the fundamental element of the traffic control
plan includes the use of intelligent transportation system components to observe
and manage event traffic; motorists will be provided with guidance by temporary
directional signs and by activating Dynamic Message Signs that will direct traffic to
the appropriate facility entrance, or shuttle parking location; and a requested
appropriation will provide funding ($370,579.00) to purchase Dynamic Message
Signs and to modify traffic islands at the Civic Center's main entrance for improved
shuttle bus maneuverability.
The City Manager recommended that Council appropriate $322,111.00 from
increasEld State Street Maintenance Revenues, and transfer $48,468.0ll from the
Paving Program, Account No. 001.530-4120-2010, to a new account in the Capital
Projects Fund to be entitled, Event Traffic Management.
Mr. Dowe offered the following budget ordinance:
73
(#36258-030303) AN ORDINANCE to amend and reordain certain sections of
the 2002.2003 General and Capital Projects Funds Appropriations, and disper-sing
with the second reading by title of this ordinance.
(Forfull text of Ordinance, see Ordinance Book No. 97, page 158.)
Mr. Dowe moved the adoption of Ordinance No. 36258.030303. The motion
was seconded by Mr. Carder.
Mr. Bestpitch inquired as to whether persons attending events at the Roanoke
Civic Center can obtain information on the availability of parking garages and shuttle
bus service in advance of the event; whereupon, the City Manager advised that
message signs will be one of the mechanisms to direct patrons.
The Acting Director of the Civic Center advised that in addition to planning
traffic management planning, City staff will work with the news media two days prior
to an event to inform the public of the availability of shuttle buses and parking
decks, etc.
In a further discussion of the matter, the City Manager advised that the
Williamson Road parking garage would be the first garage to be activated for Civic
Center parking.
It was suggested that available parking decks for each civic center event be
posted on the City's web site.
Ordinance No. 36258-030303 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice-Mayor H a rris---------.----------------..----------------..------------------.-------------------..-------6.
NAYS: N one----------------..---------------..--------------..------------------..----------------.0.
(Mayor Smith was absent.)
SNOW REMOVAL: The City Manager submitted a communication advising that
the transfer of $250,000.00 to the Snow Removal account was approved at the
February 18, 2003 meeting of Council; following transfer of the additional funds, it
was determined that an emergency procurement of salt was necessary to adequately
prepare for upcoming winter weather; weather forecasts predicted a continuation
of the weekly trend of winter; therefore, it was determined that the existing salt
supplies were not adequate to support pending snow and ice removal efforts; in
accordance with Section 41 of the City Charter of the City of Roanoke, public
74
advertisement for bids was suspended and written bids were solicited from known
salt providers within the Roanoke region; and a 2,000 ton order was placed with
Cargill Salt, Inc., in the amount of $119,160.00 ($59.58 per ton delivered).
The City Manager recommended that the report be received and filed in
accordance with Section 41 of the Roanoke City Charter.
Mr. Cutler referred to newspaper articles regarding the environmental impact
of salt on aquatic habitats and water supplies, etc., and inquired as to monitoring
efforts by the City, if any, relative to the Stormwater Management Program which is
designed to reduce the contamination of surface waters.
The City Manager responded that the matter is currently under review by City
staff for future consideration.
Without objection by Council, the Vice-Mayor advised that the report would be
received and filed.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that on June 30,
2003, the three-year terms of office of F. B. Webster Day, Marsha W. Ellisol" and
Gloria P. Manns as Trustees of the Roanoke City School Board will expire; Ms.
Ellison is ineligible to serve another term inasmuch as she has served three
consecutive three year terms of office; pursuantto Chapter 9, Education, of the Code
of the City of Roanoke (1979), as amended, establishing a procedure for the election
of School Trustees, Council must hold certain meetings and take certain actions
during the months of March, April and May to conform with the selection process;
and the concurrence of Council in establishing the following dates is requested.
(1) On Monday, March 17,2003, at 2:00 p.m., or as soon thereafter as the
matter may be heard, Council as a Committee of the Whole, will review
and consider all candidates for the position of School Trustee. At such
meeting, Council shall review all applications filed for the position and
Council may elect to interview candidates for such positions.
(2) On Monday, April 7, 2003, at 2:00 p.m., or as soon thereafter as the
matter may be heard, Council will, by public vote, select from the field
of candidates, those candidates to be accorded the formal interview
and all other candidates will be eliminated from the School Trustee
selection process. The number of candidates to be granted the
75
interview shall not exceed three times the number of positions available
on the Roanoke City School Board, should there be so many
candidates.
(3) On Monday, April 21, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, Council will hold a public hearing to receive the
views of citizens.
(4) On Thursday, April 24, 2003, at 4:30 p.m., Council will hold a meeting
for the purpose of conducting a public interview of candidates for the
position of School Trustee.
(5) On Monday, May 5, 2003, at 2:00 p.m., or as soon thereafter as the
matter may be heard, Council will hold an election to fill the three
vacancies, for terms commencing July 1, 2003, and ending June 30,
2006.
There being no questions, and without objection by Council, the Vice-Mayor
advised that the report would be received and filed.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-COMMITTEES: The Director of Finance submitted
the Financial Report for the City of Roanoke for the month of January 2003.
There being no questions, and without objection by Council, the Vice-Mayor
advised that the January 2003 Financial Report would be received and filed.
REPORTS OF COMMITTEES:
ZONING-ANIMALS/lNSECTS: The City Planning Commission submitted a
written report in connection with a referral by Council regarding a request to initiate
an amendment to the Zoning Ordinance to provide for establishment of veterinary
clinics, by special exception, in the C-3, Central Business District, subject to
approval by the Board of Zoning Appeals.
It was advised that the Director of Planning, Building and Development,
provided background information on the request to the City Planning Commission
and called attention that an amendment of the C-3 zoning district would apply to all
properties in the district, including the core of downtown, and not just to the
property that The Angels of Assisi propose to purchase.
76
The City Planning Commission recommended that a petition to amend the C-3
Central Business District regulations, to include veterinary clinics, without corrals
and pens, as a special exception use, be initiated.
Mr. Bestpitch offered the following resolution:
(#36259.030303) A RESOLUTION authorizing the City Managerto file a petition,
seeking an amendment of ~36.1.228, Special exception uses, of the Code of the City
of Roanoke (1979), as amended, to provide forthe establishment of veterinary clinics
as a special exception use in the C.3, Central Business District, of the City of
Roanoke.
(For full text of Resolution, see Resolution Book No. 97, page 159.)
Mr. Bestpitch moved the adoption of Resolution No. 36259.030303. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler and Vice.Mayor Harri&-..-4.
NAYS: Council Mem bers Wyatt and Dowe......----------------...---------------....-------2.
(Mayor Smith was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COMMITTEES-INDUSTRIES: Mr. Carder offered the following resolution
appointing Allen D. Williams as a Director of the Industrial Development Authority
of the City of Roanoke, to fill the unexpired term of Stark H. Jones, resigned, ending
October 20, 2006:
(#36260-030303) A RESOLUTION appointing Allen D. Williams as a Director on
the Board of Directors of the Industrial Development Authority of the City of
Roanoke, to fill the unexpired term of Stark H. Jones, ending October 20, 2006.
(For full text of Resolution, see Resolution Book No. 97, page 160.)
Mr. Carder moved the adoption of Resolution No. 36260.030303. The motion
was seconded by Mr. Dowe and adopted by the following vote:
77
AYES: Council Members Wyatt, Bestpitch, Carder, Cutler, Dowe and
Vice-Mayor H arris-------..------...-------..-------..------.-----...-------..-------...-------.--------..--6.
NA'(l): NClI1E!-----.-------..---------..-------....-------..----____.__________________._________.____-ll.
(Mayor Smith was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ACTS OF ACKNOWLEDGMENT-LEGISLATION: Council Member Carder
expressed appreciation to Senator John S. Edwards, Delegates A. Victor Thomas
and Clifton A. Woodrum, III, Thomas A. Dick, Legislative Liaison, and William M.
Hackworth, City Attorney, for their efforts in connection with the City's 2003
Legislative Program. He advised that six key initiatives were identified and all six
were approved by the Virginia General Assembly.
BUDGET-CITY GOVERNMENT: Council Member Carder expressed
appreciation to the City Manager and to City staff for their response to his inquiry
regarding information on those programs that have been mandated by State and
Federal Governments, but have not been funded and/or funding was reduced by the
State and/or Federal governments.
ACTS OF ACKNOWLEDGMENT .BRIDGES: Council Member Dowe advised that
the word "appropriate memorial" and "Dr. Martin Luther King, Jr." are not
synonymous terms. He stated that there is nothing that can be named in Dr. King's
honor that would be appropriate in view of the many contributions that hE! made for
the betterment of his fellow man. He advised that his motive in offering the
suggestion to name the First Street Bridge in memory of Dr. King was intended to
honor the "man."
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
78
ROANOKE CIVIC CENTER: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
suggested that Roanoke Civic Center patrons, when ordering/purchasing tickets, be
permitted to select the parking deck of their choice, which will enable the City to
keep a tally of the number of persons expected to park in each parking garage.
COMPLAINTS-BRIDGES.CITY GOVERNMENT-CITY EMPLOYEES-FLOOD
REDUCTION/CONTROL: Mr. Robert Gravely, 3360 Hershberger Road, N. W., spoke
with regard to flooding conditions in the City of Roanoke on Saturday, February 22,
2003. He expressed concern that the naming of the First Street Bridge in memory
of Dr. King is not a befitting memorial; low wages for citizens of the City of Roanoke;
and the voices of citizens are not being heard by their City government.
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGE.CITY EMPLOYEES: The City Manager commended
City employees for their participation in Citizens Appreciation Day which was held
on Saturday, March 1, 2003, at Valley View Mall. She stated that the event provided
an opportunity to showcase the various services offered to citizens by the City of
Roanoke.
There being no further business, at 3:40 p.m., the Vice-Mayor declared the
meeting in recess until Friday, March 7, 2003, at8:30 a.m., for the Council's Financial
Planning Session to be held in Room 159, Noel C. Taylor Municipal Building, 215
Church Avenue S. W., Roanoke, Virginia.
The Council meeting reconvened on Friday, March 7, 2003, at 8:30 a.m., in the
Emergency Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor C.
Nelson Harris presiding.
PRESENT: Council Members Linda F. Wyatt (arrived late), William D.
Bestpitch, William H. Carder, M. Rupert Cutler, and Vice.Mayor C. Nelson Harris-----5.
ABSENT: Mayor Ralph K. Smith and Council Member Alfred T. Dowe, Jr.------2.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
Willard N. Claytor, Director of Real Estate Valuation; Troy A. Harmon, Municipal
Auditor; George C. Snead, Jr., Assistant City Manager for Operations; Barry L. Key,
Director of Management Budget; Ann H. Shawver, Deputy Director of Finance;
Sherman M. Stovall, Planning Support Service Supervisor; Philip C. Schirmer, City
Engineer; Michael T. McEvoy, Director of Utilities; Richard L. Kelley, Assistant
Superintendent of Operations; and F. B. Webster Day, Trustee, Roanoke City School
Board.
79
COUNCIL-BUDGET: Vice-Mayor Harris advised that the purpose of the
meeting was to engage in discussion regarding the City's financial condition;
whereupon, he turned the meeting over to Council Member Bestpitch, Chair, Budget
and Planning Committee.
Following brief introductory remarks, Chairman Bestpitch called upon the City
Manager for remarks; whereupon, the City Manager advised that City staff had
prepared a presentation with regard to a multi-year financial plan for the City's
General Fund; and various presentations would be made by Jesse A. Hall, Ann H.
Shawver, and Barry L. Key, Director and Deputy Director of Finance and Director of
Management and Budget, respectively.
Mr. Key advised that the multi-year financial plan components will include a
five-yearforecastfor revenues and expenditures forfiscal year 2003 - 2007, focusing
on General Fund trends and assumptions in preparing the budget forecast; a gap
analysis including difference in revenue and expenditures forecasts in the next five
years, with strategies to close the gap; and comparisons with peer localities. He
reviewed charts detailing positive trends in local taxes in real estate, and prepared
food and beverage from 1993 - 2003, which show a steady growth in Roanoke's first
and fifth largest local tax sources. He reviewed warning trends in local taxes i'l the
areas of personal property tax revenues, sales tax revenues, business license
revenues from 1993 - 2003, which show a declining growth in Roanoke's second,
third and fourth largest local tax sources.
Council Member Bestpitch inquired if citizens could be provided with
information on cost savings from the time that the real estate tax rate was $1.64 per
$100.00 of assessed value to the present when the real estate tax rate is $1.21 per
$100.00 of assessed value. It was pointed out that the 43 cents difference is worth
approximately $19 million.
At this point, Ms. Wyatt entered the meeting. (8:45 a.m.)
There was discussion with regard to personal property tax revenue/decals in
which it was pointed out that decal purchase makes up only one-half of the total
personal property collected, and a number offactors affect the amount of revenue
collected.
Charts were reviewed in connection with warning trends in local taxes relative
to sales tax revenue and business license revenue, which show a declining growth
in Roanoke's second, third, and fourth largest local tax sources; key financial
assumptions in revenues point out that there will be a continuation of reduced
80
growth trends in local tax revenue categories; i.e.: general property taxes, other
local taxes, total local taxes, and intergovernmental revenues (very limited growth),
total revenues, and there will be less buying power.
Ms. Wyatt inquired as to the availability of data on the number of unfunded
State/Federal mandates during the past five to ten years; whereupon, the City
Manager advised that the information could be compiled.
Other priority revenue issues for fiscal year 2004 to 2007 include:
Key Financial Assumptions Revenues:
Change in Admissions Tax rate structure to a mixed rate
structure
One rate for City-owned facilities and a lower rate for all other
entities collecting the tax
Loss of reimbursement for direct and indirect services provided
to Water and Sewer Fund with creation of regional water
authority
Direct Services $ 708,000.00
(Partially offset by related expenditure reduction)
Indirect Services $ 1,122,000.00
Total Revenue Loss $ 1,830,000.00
Revenue forecast for fiscal years 2003 to 2007:
Revenue
Source FY03 FY04 FY05 FY06 FY07
General
Property Taxes
78,340,707.00 83,396,050.00 86,206,770.00 89,119,047.00 92,136,715.00
Other Local
Taxes 59,301,164.00 60,648,777.00 62,057,297.00 63,600,414.00 65,195,117 .00
Permits, Fees
& Licenses 1,030,694.00 901,122.00 946,119.00 993,366.00 1,042,974.00
Fines and
Forfeitures 1,116,350.00 1,296,130.00 1,347,175.00 1,400,262.00 1,455,473.00
Use of Money
and Property 1,082,729.00 970,241.00 955,909.00 957,885.00 959,936.00
81
Intergovern-
mental 45,721,695.00 45,285,816.00 45,450,568.00 45,575,568.00 45,725,568.00
Charges for
Cu rrent
Services 6,655,980.00 6,546,152.00 4,893,276.00 4,998,540.00 5,123,945.00
Miscellaneous 295,045.00 263,374.00 268,641.00 274,013.00 279,493.00
TOTALS 193,544,364.00 199,307,662.00 202,125,755.00 206,919,095.00 211,919,221.00
% GROWTH 1.15% 2.98% 1.41 % 2.37% 2.42%
It was explained that positive trends in expenditures include a steady growth
in local funds for Roanoke's largest expenditure category which is education,
including operating debt service and CMERP funding; and the Roanoke City Public
Schools receive 36.4 per cent of local tax growth, subject to certain exclusions of
targeted local taxes such as the E911 tax.
..
It was noted that there is controlled growth in Roanoke's second, third, fourth
and sixth largest expenditure categories; i.e.: public safety, health and welfare,
public works and general government; there is significant growth in Roanoke's fifth
largest expenditure category; i.e.: debt service and capital projects, which growth
is driven by approved capital improvement program projects requiring cash or bond
funding.
It was explained that key financial assumptions in regard to expenditures are
that historically, expenditure growth rates will continue for employee salaries and
fringe benefits and operating expenses; there will be continued controlled growth
in employee staffing levels; and total expenditures continue to exceed the CPI by
approximately 2.5 per cent annually to provide a competitive employee
compensation package; and maintain quality services, including public schools,
fund capital maintenance and equipment replacement needs, and fund community
improvements.
There was discussion in regard to uses for Municipal North when the Social
Services Department relocates to its new office space in the former Sears building
on Williamson Road; whereupon, the City Manager advised that two commitments
have been made with regard to the vacated space in Municipal North, and it would
be the recommendation ofthe City administration to conduct a space analysis study.
A Member of Council called attention to a special needs analysis of the Municipal
Complex which was conducted several years ago and it was suggested that the City
Manager review the consultants' report prior to contracting for another study.
82
The following key financial assumptions with regard to expenditures were
reviewed:
Other priority funding needs for FY 2004 to FY 2007
Continued sharing of local tax revenues with Roanoke City
Public Schools based on current formula
Increased contribution rate for Employee Retirement System
(6.25% to 7.59%) in FY04 - $691,000.00 - and subsequent
potential increase in FY05
Increased contribution rate for Sheriff/Jail employees in the
Virginia Retirement System in FY05 - $33,000.00
Increased cost of Employee Health Insurance in FY04 -
$342,000.00 and subsequent annual increases FY05 to FY07
Increased local operating expense for new Health and Human
Services Building beginning in FY04. $544,000.00 and increasing
to $849,000.00 in FY05
Note: Current state reimbursement of $394,000.00 annually for
Municipal North renovation due to expire, reducing net local increase
to $455,000.00 annually.
Increased operating expense for Regional SPCA beginning in
FY04. $192,000.00 and increasing to $314,000.00 in FY05
City Council's budget priority to restore recurring funding in the
operating budget for Equipment Replacement, Fixed Asset
Maintenance, Paving and Technology needs
. Equipment Replacement
Funding Goal. $2.5 million by FY07
$306,250.00 increase in FY04 to $1,531,250.00
. Fixed Asset Maintenance
Funding Goal. $750,000.00 by FY07
$255,000.00 increase in FY04 to $600,000.00
. Paving Program
Funding Goal - $2.5 million by FY07
$322,111.00 increase in FY04 to $2,075,000.00
83
. Technology - Financial Systems Replacement Project
Funding Goal - $1.0 million by FY07
$475,000.00 increase in FY04 to $879,000.00 (supplements
existing capital lease funding for personal computer replacement
program)
Total of $1,358,361.00 in FY04
Expenditure forecast for fiscal year 2003 - 2007:
Expenditure
Category FY03 FY04 FY05 FY06 FY07
Community
Development $2,931,162.00 $3,050,110.00 $3,174,000.00 $3,303,040.00 $3,437,448.00
Education 46,716,745.00 48,846,240.00 50,277 ,003.00 51,787,847.00 53,351,922.00
General
Govern ment 11,628,249.00 12,091,338.00 11,865,256.00 12,366,774.00 12,888,693.00
Health and
Welfare 27,563,019.00 28,853,662.00 29,995,575.00 30,880,934.00 31,793,947.00
Judicial
Administration 6,075,490.00 6,297,139.00 6,527,060.00 6,765,554.00 7,012,938.00
Non-
Departmental 22,884,223.00 25,111,858.00 26,806,139.00 28,312,735.00 29,405,363.00
Parks,
Recreation &
Cultural 9,975,369.00 10,417,784.00 10,765,185.00 11,124,444.00 11,495,944.00
Public Safety 45,265,057.00 47,243,638.00 49,256,281.00 51,195,595.00 53,210,73&.QO
Public Works 20,505,050.00 21,746,464.00 22,635,626.00 23,525,572.00 24,467,316.00
TOTALS 193,544,364.00 203,658,234.00 211,302,125.00 219,262,496.00 227,064,309.00
% GROWTH 1.15% 5.23% 3.75% 3.77% 3.56%
Key Financial Assumptions in the Capital Improvement Program are:
. FY2004 Capital Projects - $40,355,000.00
. Previously Approved Bond Issue - $14,300,000.00
Civic Center Improvements - Phase II - $14,300,000.00
. Cash Funding. $2,455,000.00
84
Building Condition Assessment Program. $600,000.00
Dumas Center - $100,000.00
Financial System Replacement. $475,000.00
Grandin Theater - $80,000.00
Mill Mountain Zoo Water System Upgrade - $175,000.00
Passenger Station. $625,000.00
Roanoke River Greenway. $200,000.00
YMCA. $200,000.00
. Debt Financing. $23,630,00.00
Water Pollution Control Plant - $23,630,000.00 - VWRLP Loan
. FY2005 Capital Projects. $56,931,000.00
Cash Funding - $5,130,000.00
Building Condition Assessment Program - $650,000.00
Dumas Center - $100,000.00
Financial System Replacement - $650,000.00
Fire-EMS Strategic Plan. $250,000.00
Grandin Theater - $80,000.00
Municipal North Renovation. $2,000,000.00
Public Works Service Center - $1,000,000.00
Roanoke River Greenway - $200,000.00
YMCA. $200,000.00
. Debt Financing. $51,801,000.00
Art Museum/IMAX Theater - $3,700,000.00
Fire-EMS Strategic Plan. $4,431,000.00
High School Improvements - Patrick Henry High School .
$19,000,000.00
Parks Master Plan - $7,000,000.00
Police Building - $6,670,000.00
Stormwater Management Program - $11 ,000,000.00 . Bond Issue
funded from new stormwater management fee
. FY2006 Capital Projects - $11,055,000.00
Cash Funding - $3,855,000.00
Building Condition Assessment Program - $700,000.00
Dumas Center - $100,000.00
Financial System Replacement - $825,000.00
Grandin Theater - $80,000.00
Roanoke Center for Industry and Technology -$1,750,000.00
85
Roanoke River Greenway. $200,000.00
South Jefferson Redevelopment Area Project - Riverside Centre
for Research and Technology. $3,665,000.00
YMCA - $200,000.00
. Debt Financing - $34,440,000.00
Fire-EMS Strategic Plan - $4,000,000.00
High School Improvements - William Fleming High School -
$20,000,000.00
Roanoke River Flood Reduction Project - $5,000,000.00
South Jefferson Redevelopment Area Project - Riverside Centre
for Research and Technology - $5,440,000.00
. FY2008 Capital Projects. $2,250,000.00
Cash Funding - $2,250,000.00
Building Condition Assessment Program - $750,000.00
Dumas Center. $100,000.00
Financial System Replacement - $1,000,000.00
Roanoke River Greenway. $200,000.00
YMCA - $200,000.00
. 5 . Year Capital Improvement Program - $151,026,000.00
Cash Funding - $19,685,000.00
. Debt Financing - $131,341,000.00
General Obligation Bond Issues - $107,741,000.00
. FY2004 $14,300,000.00
. FY2005 $51,801,000.00
. FY2006 $7,200,000.00
. FY2007 $34,440,000.00
Virginia Wastewater Revolving Loan Program - $23,630,000.00
The Deputy Director of Finance reviewed the following:
Outstanding Debt as of June 30, 2003
. City General Obligation Bonds
. School General Obligation Bonds:
. Enterprise Fund General Obligation Bonds:
Water Fund
Water Pollution Control Fund
Civic Center Fund
Parking Fund
$115,725,323.00
24,868,906.00
22,360,000.00
14,460,000.00
2,110,000.00
6,935,711.00
86
.
Qualified Zone Academy Bonds (QZAB)
Virginia Public School Authority (VPSA) Bonds
Literary Fund Loans
Section 108 Loan
Capital Leases
Total Debt as of June 30, 2003
1,892,908.00
31,427,145.00
6,410,000.00
4,105,000.00
6.373.590.00
$236,668,643.00
.
.
.
.
Planned Debt Issuance for City and School Projects
. FY04
$1.3 million in Literary Fund Loans for Lincoln Terrace Saturn
Network renovations
. FY05
$40.801 million General Obligation Bonds
. Art Museum/lMAX Theater - 3.7 million
. Patrick Henry High School Improvements . $19 million
. Police Building. Phase II - $6.67 million
. Parks Master Plan. Phase II . $7.0 million
. Fire Station Replacement. $4.431 million
An additional $19 million in VPSAlLiterary Fund Loans for the Patrick
Henry High School project
. $7.5 million Literary Loan and $11.5 million VPSA Bonds
. FY06
$3.75 million Literary Loan for Elementary School Improvements
$1.75 million Literary Loan for William Fleming High School
. FY07
$3.75 million for Elementary School Improvements
$1.2 million Literary Loan and $2.55 million VPSA Bonds
$34.4 million for General Obligation Bonds
. Fire Station Replacement - $4.0 million
. Roanoke Center for Research and Technology/
Carilion Biomedical Institute - $5.4 million
. Roanoke River Flood Reduction - $5.0 million
. William Fleming High School Improvements -$20.0 million
87
. FY08
$18.25 million VPSA Bonds for William Fleming High School
The following information was reviewed regarding Planned Debt Issuance for
Enterprise Funds:
. FY04
$14.3 million General Obligation Bonds for Phase II Civic Center
Renovations
. Funded by:
4% increase in the Admissions Tax rate on City
owned facilities
Capital Improvements fee added to ticket prices for
events at Civic Facilities
Net additional revenues from operations
$23.63 million VWRLP Bonds for Water Pollution
Control Plant Expansion
. Funding provided by a rate increase to be effective July 1,
2003
. FY05
$11 million for Stormwater Management
. Funding proposed via a fee imposed as part of utility
billing
. FY06
$7.2 million in Church Avenue West Parking Garage Bonds
. Funding proposed by increased revenues of the Parking
Fund
The following Assumptions on Debt and Funding of Debt Services was
reviewed:
. The City has traditionally funded debt service on General Obligation
Bonds, whether for City or School projects.
. The Schools have traditionally funded debt service on VPSA Bonds and
Literary Fund Loans.
. Capital Leases are considered tax supported debt of the City and are
typically funded by the General Fund.
88
.
In analyzing tax burden, all such debt is considered tax supported debt
of Roanoke due to vesting of taxing authority in the City.
.
Generally, debt of Proprietary Funds (Water, Water Pollution Control,
Civic Center, Parking) is considered self supporting and excluded from
debt burden calculations.
.
General Obligation and Virginia Public School Authority bonds were
amortized using level principal and an interest rate of six per cent.
.
Literary Loans were amortized at an interest rate of three per cent.
.
All debt amortized over 20 years.
.
Funding for debt service increases based on the following
assumptions:
Increased funding of debt service of an additional $570,000.00
per year through FY10.
Dedication to debt service funding of incremental increases in
EMS fees through FY06.
Charts were reviewed detailing current and future General Fund Debt Service,
Future General Fund Debt Service and Projected Funding for Debt Service and
Future City and School Debt Service.
The Director of Finance reviewed the following debt policies:
. Non-proprietary general obligation debt service will not exceed ten per
cent of General Fund expenditures.
. Net bonded debt will not exceed five per cent of the assessed value of
real estate.
Net Bonded Debt is general obligation debt for the City and
School Board, exclusive of Proprietary Fund debt and the
amount available in the Debt Service Fund.
. Net debt per capita will not exceed $2,000.00
Note: Ratios that follow include all non-Proprietary Fund e'3bt -
GO bonds, VPSA Literary Loans, QZAB, and Capital Leases.
89
Ratio of Debt Service to General and School Fund Expenditures (ten per cent)
Citv Proiects School Proiects Overall
. FY 2000 3.5% 2.0% 5.5%
. FY2001 4.2% 2.5% 6.7%
. FY2002 4.1% 2.3% 6.4%
. FY2003 5.9% 2.9% 8.8%
. FY2004 5.2% 2.6% 7.8%
. FY2005 5.4% 3.0% 8.4%
. FY2006 5.3% 3.5% 8.8%
. FY2007 4.9% 3.5% 8.4%
. FY2008 4.6% 4.7% 9.3%
. FY2009 4.4% 4.7% 9.1%
Note: Assumes annual expenditure growth of four per cent.
Ratio of Net Bonded Debt to Assessed Value of Real Estate (five per cent)
Citv Proiects School Proiects Overall
. FY 2000 2.2% 1.5% 3.7%
. FY 2001 2.0% 1.6% 3.6%
. FY 2002 2.8% 1.7% 4.%
. FY 2003 2.2% 1.4% 3.6%
. FY 2004 2.0% 1.4% 3.4%
. FY 2005 2.2% 2.0% 4.2%
. FY 2006 1.9% 1.9% 3.8%
. FY 2007 2.0% 2.1% 4.1%
. FY 2008 1.7% 2.2% 3.9%
. FY 2009 1.5% 2.0% 3.5%
Note: Assumes growth of four per cent in assessed value of real estate.
Net Bonded Debt Per Capita ($2,000.00):
City Proiects School Proiects Overall
. FY 2000 $ 857.00 $606.00 $1,463.00
. FY 2001 $ 820.00 $646.00 $1,466.00
. FY 2002 $1,199.00 $718.00 $1,917.00
. FY 2003 $1,107.00 $684.00 $1,791.00
. FY 2004 $1,023.00 $710.00 $1,733.00
. FY 2005 $1,167.00 $1,063.00 $2,230.00
. FY 2006 $1,070.00 $1,052.00 $2,122.00
. FY 2007 $1,127.00 $1,230.00 $2,357.00
. FY 2008 $1,024.00 $1,337.00 $2,361.00
. FY 2009 $ 916.00 $1,241.00 $2,157.00
90
Debt Statistics of Urban Cities:
Locality General Debt Service Net Bonded Net Bonded Do;bt
Obligation To General Debt To Per Capita
Bond Rating Fund Expenditure Assessed Value
Real
Estate
Roanoke AA 6.4S'ji 4.40% $1,916
Richmond A/lJAl 6.96Y. 3.51% $1,985
Hampton AA 5.69-;, 2.90", $1,107
Lynchburg AA 6.07% 2.97% $1,248
Newport News AA 7.70Y, 5.60Y, $2,289
Norfolk A/lJAl 9.04'1. 3.41% $1,485
Portsmouth AA-IAl 6.80'1. 6.39% $2.002
Roanoke Co. AA 5.44% 1.71'1. $1,136
Mr. Key reviewed charts in connection with a gap analysis of revenult and
expenditure forecasts and significant contributing factors:
FY 2004 FY 2005 FY 2006 FY 2007
Local School $2.129 $3.560 $5.071 $6.635
Funding
Capital 1.606 2.708 3.809 4.910
Improvements and
Restoration of
Capital Replacement
in Operating Budget
Employee Fringe 1.033 1.778 2.230 2.704
Benefits
Regional and Other 0.734 1.162 1.170 1.178
Initiatives
Revenue Reductions 0.706 1.828 1.828 1.828
Totals (Millions) $6.208 $11.035 $14.108 $17.255
Budgetary Gap $4.350 $9.176 $12.343 $15.145
(Millions)
Budgetary options under consideration include:
91
. Revenues
Fiscal Year 2004
. Levy a Short Term Rentals Tax to promote taxation equity
. Increase the E911 Tax to partially offset the $1.2 million
"local cost" of the E911 Center and provide more staffing
to handle the wireless E911 call workload mandated by the
State but not adequately funded
. Increase animal impoundment and boarding fees at the
Regional SPCA
. Levy a loose leaf collection fee to promote the more
efficient and environmentally conscious bagged leaf
collection program
. Solid waste disposal fee to partially recover increased
landfill tipping costs resulting from increased tonnage
(due to successful bulk and brush programs) and landfill
tipping fees
Fiscal Year 2005 and beyond
. Provide new revenue streams
There was discussion in regard to phasing out the City's loose leaf collection
program in which it was noted that some citizens view loose leaf collection as one
of the basic services provided by the City for their tax dollars; the State has placed
the City "between a rock and a hard place", and the time has come to either cut
services or increase revenue; a possible solution is to identify revenue streams and
those services that the City will provide locally, determine the cost to pay for the
services, and increase revenue streams accordingly; and a number of services are
provided that are not fundamental basic governmental services, such as the
unnecessary televising of City Council meetings.
The following revenue options were reviewed by City staff:
Tax Current Rate Maximum Rate Rate Change Impact
Real Estate $1.21 None $.01 = $445,000
Personal Property $3.45 None $.01 = $ 66,000
Utility Consumer 12% until January
2004 20% 1'10 = $1,121,000
Cigarette
(20 per pack) $.27 None $.01 = $ 72,000
Transient Occupancy
7% None $1'10 = $306,000
Admissions 6.5% None 1%=$ 73,000
Prepared Food & Beverage
4% None 1'10 = $1,879,000
92
E-911 $1.45 $3.00 $.01 = $8,000
Motor Vehicle Decal $20 $28.50 $1 = $89,000
Cable TV Utility ---- 7% 1 % ;E $210,000
Short-Term Rental ---. 1% 1%. $150,000
Stormwater Management
Fee --_.- None $1/month = $500,000+
The following is a comparison of local tax rates for peer localities. fiscal year
2002 (Member localities of Virginia First Cities Coalition):
Roanoke First Cities All Cities Roanoke Co.
Real Estate $1.21/$1.11 $1.31/$1.18 $1.03/$0.93 $1.12/$1.03
Personal Property
$3.45/$2.69 $3.96/$3.18 $3.61/$2.79 $3.50/$2.73
Utility Consumer
12% 20Y. 17". 12%
Motor Vehicle
License $20 $25 $21 $20
E911 $1.45 $2.51 $1.65 $1.46
Prepared Food
4.0% 6.20;. 5.0". 4.0%
Transient Occupancy
7.0% 7.4% 5.2% 5.0Y.
Cigarette
(25 pack) $0.3375 $0.3192 $0.3200 $0.0000
Admissions 6.5% 8.3-;. 7.2Y. 5%
-
Note: Split rates for Real Estate and Personal Property Taxes denote
differences in nominal and effective tax rates based on
assessment/sales ratio and assessment basis, respectively.
In orderto close the gap, staff reviewed the following budgetary options under
consideration:
. Expenditures for Fiscal Year 2004
Pass through State revenue reductions to appropriate departments
Reduce or defer employee salary increase
Unfunding of vacant positions where no service level reduction is likely
to result, such as:
93
. Fire-EMS due to a reduction in the required staffing factor (recent
attrition has resulted in less senior staff requiring less leave
time)
. Parks and Recreation administrative staff
. Solid Waste Management due to reassignment of duties
Reassignment or elimination of 21 positions recommended by
departments
Downsizing of the vehicular fleet
Service level reductions such as:
. Vacating alleys not needed for primary access or solid waste
collection
. Elimination of commercial solid waste collection and/or
modification of the Central Business District solid waste
collection system
. Modification of Mounted Patrol Program from a "full-time" unit to
a "special events" unit
Deferral of capital replacement funding
Council Member Bestpitch requested that the City Manager initiate a process
to identify all of the paper alleys in the City of Roanoke which could be added to the
City's tax base; whereupon, the City Manager advised that a study could be
conducted which would take approximately two years to complete.
Mr. Bestpitch requested information on comparative costs for commercial
refuse collection in the City of Salem versus the City of Roanoke.
Council Member Carder expressed concern with regard to modification to the
mounted patrol program from a "full time" unit to a "special events" unit. He
advised that the mounted patrol unit has been a visible marketing and crime
prevention tool and citizens feel the freedom to talk with mounted patrol officers
about their neighborhoods.
The City Manager encouraged Council Members to offer suggestions on other
budget consideration options. She advised that the above referenced suggestions
came out of the budget process from individual City departments and the Budget
Committee is in the process of reviewing the suggestions.
94
A suggestion was made that a question be included on the annual Citizens
Survey encouraging citizens to prioritize City services and to identify those services
that they would be willing to pay for. It was also suggested that the question be
posted on the City's web site for response by citizens.
Charts were reviewed for the fiscal years 1991 .2001 comparing Roanoke with
peer localities in regard to local tax revenue growth, local revenue growth, State
revenue growth (including schools), total revenue growth (including schools), and
expenditure growth (including schools). .
A comparison of peer localities in regard to expenditures per capita - fiscal
year 2001, is as follows:
Hampton
Roanoke Co.
Newport News
All Cities
Roanoke
Norfolk
Portsmouth
Lynchburg
Richmond
$2,397.00
$2,561.00
$2,722.00
$2,761.00
$2,790.00
$2,873.00
$3,075.00
$3,114.00
$3,413.00
The following are comparisons with peer localities, fiscal stress - FY2000
. Commission on Local Government assesses the level of fiscal stress
for Virginia localities annually using three primary indicators:
Revenue capacity
Revenue effort
Median adjusted gross income
. A composite fiscal stress score is developed for each locality.
It is not an indicatoroffinancial hardship, but it does indicate the
relative fiscal stress of each locality.
Roanoke's fiscal stress ranking are as follows:
Average Revenue Capacity - 69th of 135 localities, with a ranking
of one representing the lowest capacity.
High Revenue Effort _14th of 135 localities, with a ranking of one
representing the highest effort.
Low Median Adjusted Gross Income - 29th of 135 localities, with
a ranking of one representing the lowest income.
95
High Fiscal Stress - 15th of 135 localities, classified as having
"high fiscal stress" along with most other First Cities peer
localities. Salem is classified "above average stress" and
Roanoke County is classified "below average stress".
It was advised that Virginia's fiscal stress "top 20 list" for fiscal year 2000 is
as follows:
01. Norfolk
02. Emporia
03. Hopewell
04. Covington
05. Portsmouth
06. Petersburg
07. Greensville County
08. Clifton Forge
09. Newport News
10. Buchanan County
11. Bristol
12. Hampton
13. Martinsville
14. Lynchburg
15. Roanoke
16. Galax
17. Buena Vista
18. Bedford
19. Danville
20. Norton
21. Richmond
It was explained that in a summary of comparisons with peer localities
Roanoke's historical growth rates for revenues and expenditures are slightly less
than, but do not differ significantly from:
First Cities peer governments
All Virginia cities
Roanoke County
. Reduced revenue forecasts in the next several years due to slowed
local economic conditions, the Commonwealth's budget problems and
possible Federal budget reductions will present a significant financial
challenge as the City attempts to:
Retain a competitive employee compensation
package
Maintain quality services, including public schools
Provide necessary capital maintenance, equipment
replacement and technology advancement funding;
and
Address capital needs of the community
96
The City Manager requested that any items requiring additional discussion be
included on the April 7, 2003 Budget and Planning Committee agenda and that the
items be submitted to either the City Manager or to the Director of Management and
Budget.
There being no further business, the Vice-Mayor declared the me"'ting
adjourned at 11:55 a.m.
APPROVED
A~~ 1.IL-.
Mary F. Parker
City Clerk
e.l1-~.~
C. Nelson Harris
Vice-Mayor
97
REGULAR WEEKLY SESSION-.---ROANOKE CITY COUNCIL
March 17, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 17, 2003, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt (arrived late),
and Mayor Ra I p h K. Sm ith (a rrjved late) -----------------------------------------------------------7.
ABSE NT: None.-------..--------.--------------------------------------.--------.-----------------..0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager (arrived late);
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F.
Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Carl T. Tinsley, Sr.,
Pastor, First Baptist Church, Buena Vista, Virginia.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Vice-Mayor presented a proclamation declaring
March 16-22,2003, as DeMolay Week.
At this point, Mayor Smith and Council Member Wyatt entered the meeting.
98
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called attention to four requests for Closed Sessions.
MINUTES: Minutes of the Regional Leadership Summit held on Friday,
January 17, 2003; and the regular meeting of Council held on Tuesday, January 21,
2003, were before the body.
Mr. Carder moved that the minutes be approved as recorded and that the
reading of the minutes be dispensed with. The motion was seconded by Mr. Dowe
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith--------.-........-------------.............------------------.-......-------------------.-. 7.
NA'(l): NClne----------------........-.--------------.-.--.-.......------------------.-.........------0.
PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting as above described. The motion was seconded by Mr.
Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith ...............-.--------------------------------------------------------------------....... 7.
NAYS: None-----------.-....-------------------------------------------------------------------,._--.0.
99
REAL ESTATE VALUATION-CITY EMPLOYEES: A communication from
Willard N. Claytor tendering his resignation as Director of Real Estate Valuation,
effective July 31, 2003, was before Council.
Mr. Carder moved that Council accept the resignation and receive and file the
communication. The motion was seconded by Mr. Dowe and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Sm ith ____________________________________________________________________________________________7.
NAYS: None-----------------------------------------------------------------------------------------0.
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: A
communication from Anita L. Lee tendering her resignation as a member of the
Parks and Recreation Advisory Board, was before Council.
Mr. Carder moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Sm ith ____________________________________________________________________________________________7.
NAYS: None-----------------------------------------------------------------------------------------0.
CITY COUNCIL-CITY PROPERTY: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss 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
2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager as
above described. The motion was seconded by Mr. Dowe and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
an d Mayor Smith ______________________________________________________--------------------------------------7.
NAYS: None-----------------------------------------------------------------------------------------0.
100
PURCHASE/SALE OF PROPERTY-CITY COUNCIL.CITY PROPERTY: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager as
above described. The motion was seconded by Mr. Dowe and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith---------......--------------......---------------......-----------------......-------------7.
NAYS: None..-----------.-.........-----------.-.......-----------------......-----------____......-0.
AIRPORT-OATHS OF OFFICE.PARKS AND RECREATION-COMMITTEES-
HOUSING/AUTHORITY.CABLE TELEVISION.ROANOKE NEIGHBORHOOD
PARTNERSHIP: The following reports of qualification were before Council:
Raymond Debose, Jr., as a member of the Fair Housing Board, for a
term ending March 31, 2006;
James M. Turner, Jr., as a member of the Roanoke Regional Airport
Commission, for a term ending March 9, 2007;
Carl H. Kopitzke and Mary F. Monk as members of the Parks and
Recreation Advisory Board, for terms ending March 31, 2006;
Shirley M. Bethel as a member of the Roanoke Neighborhood
Partnership Steering Committee, for a term ending November 30,2005;
Delvis O. McCadden as a member ofthe Roanoke Valley Regional Cable
Television Committee, for a term ending June 30, 2005; and
George F. Taylor as a member of the Board of Trustees, City of
Roanoke Pension Plan, to fill the unexpired term of William E. Skeen,
resigned, ending June 30, 2005.
101
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Smith ____________________________________________________________._______________________________7.
NAYS: None--------------------------------------------------___________________________________.__-0.
CITY COUNCIL-CITY PROPERTY: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to discuss disposition of real
property for public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy ofthe City, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Attorney as
above described. The motion was seconded by Mr. Dowe and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayor Sm ith _________________________________________________________________________.________________________7.
NAYS: None---------------------------------------------------_____________________________________-0.
REGULAR AGENDA
SCHOOLS: The Vice-Mayor advised that applications were received from the
following persons priorto the March 10,2003 deadline for three upcoming vacancies
on the Roanoke City School Board:
Dennis M. Binns
Rhonda M. Chattin
Chris H. Craft
Robert R. Craig
F. B. Webster Day
Tiffany M. Johnson
Gloria P. Manns
Kathy G. Stockburger
David B. Trinkle
102
Without objection by Council, the Vice.Mayor advised that the applications
would be received and filed, and Council, at its next regular meeting on Monday,
April 7, 2003, will select those persons to be accorded the public interview on
Thursday, April 24, 2003, beginning at 4:30 p.m.
At this point, the Mayor took the Chair.
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Phillip F. Sparks, Exe::utive
Director, presented the Annual Report of the Roanoke Economic Development
Partnership.
(For full text, see Annual Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Annual Reportwould
be received and filed.
TRAFFIC.STATE HIGHWAYS-TRANSPORTATION SAFETY: Steven J. Chapin,
Vice-President and Director of Transportation, Hayes, Seay, Mattern & Mattern, Inc.,
presented STAR Solutions 1.81 proposal.
He advised that the STAR Solutions proposal is being evaluated by staff at the
Virginia Department of Transportation (VDOT) as part of the Public-Private
Transportation Act review process, and it is anticipated that review will continue
throughout the summer and VDOT will make a recommendation on how to proceed
to the Commonwealth Transportation Board this fall. He noted that in a recent poll,
85 per cent of registered voters surveyed who live along the 1-81 corridor believe it
is important that 1-81 be widened to four lanes in each direction; separating cars
from trucks, paid for by a toll on trucks, enjoys a 75 per cent approval rating;
recently, both the Roanoke Times and the Staunton News-Leader issued
endorsements of the STAR Solutions proposal; and local support for the project is
essential to its success. He further advised that it is believed that improvements to
1-81 need to be made as soon as possible, and STAR Solutions believes that it has
a financially viable plan to make the improvements now.
103
As background, it was explained that from January 1, 2000 to June 30, 2001,
there were 825 accidents on Virginia's portion of 1.81; accidents involving cars and
trucks resulted in nine deaths and 341 injuries; the STAR Solutions proposal
addresses safety and congestion issues by separating cars and trucks; it is planned
to begin with the most critical areas first by adding truck climbing lanes and
improving interchanges and then start the widening and separation project in the
Staunton to Lexington corridor and move outward incrementally. Truck traffic
sometimes exceeds 40 per cent of the number of vehicles on the road, more than
double what the road was designed to handle; while numerous studies have
identified the need to widen and improve 1-81, the State does not have the means to
complete the project in the near future, and based upon current State spending on
1-81,' it could take 30-50 years to reach completion. The STAR Solutions team has
a plan to reduce congestion and to improve road conditions by delivering the
needed improvements sooner, and the entire project should be completed within 15
years; reducing congestion saves car and truck drivers time and money and reduces
the diversions to local roads that now occur when there are accidents on 1-81; and
as U. S. Department of Transportation studies have shown, decreased congestion
means improved air quality. These improvements could also provide an economic
stimulus for the entire 1-81 corridor; one recent study by the American Road and
Transportation Builders Association estimates that 34,437 jobs are generated by
every $1 billion spent on transportation projects; in several communities along the
route, unemployment far exceeds the State and national average, so new jobs will
be welcome; and spending in localities will also boost local and State tax revenues.
Funded by an electronically collected toll on large trucks, the STAR Solutions plan
anticipates rebuilding 1-81 in approximately 15 years with no tolls on other vehicles;
a 20 year pavement warranty being offered by the team also reduces future
maintenance costs, and the funding plan also frees up funds for other critical road
projects. The continuing cuts to road projects across the State because of
declining revenues further underscores the need for Virginia to proceed with
building 1-81 using the STAR Solutions concept; not only does the plan deliver much
needed safety and congestion benefits, it provides a new source of funding to
reconstruct the road; and while the plan does include a small State funding
component, it is worth noting that reductions announced by the Commissioner and
the Secretary only amount to approximately three per cent reduction in interstate
funds. The PPTA process ensures that there will be significant opportunities for
public input; if the STAR Solutions proposal is approved, there will be even more
opportunities for input in the project planning stage; a privately conducted poll
found that 85 per cent of citizens in the 1-81 corridor believe it is important to widen
1-81 to four lanes, with 58 per cent citing safety as the main reason for widening, 71
104
per cent approve tolling large trucks to cover the costs; and the conceptual proposal
highlights the fact that approximately 90 per cent of the right-of-way needed for
improvements already exists, meaning that there will be very minimal displacement
along the route.
James Carroll, Executive Director, Sales, Transportation, Fluor, Virginia, Inc.,
presented the Fluor conceptual proposal for Interstate 81 corridor improvements.
He advised that the Governor has challenged the private sector to "get
creative" in finding ways to improve the Interstate 81 transportation corridor, adding
that, "What I'm challenging the private sector to do is show me some creative ways
to finance it - not only build it, but finance it." He stated that Fluor Virginia, Inc., has
responded to the Governor's summons and assembled a team of the foremost
financial consultants and design-build firms in the United States to meet this
challenge: to develop a project that solves safety problems, is affordable, and
benefits all sectors of the 1-81 corridor; and the Fluor team has developed an
approach that dramatically improves public safety at a reasonable cost.
Details of the plan include adding a one car-only lane in each direction to
improve safety and to increase road capacity; widening the road to the inside to
reduce impacts to existing structures and the need for additional road work on exits;
staying within existing right-of.way to reduce costs and environmental and scenic
impacts; adding ten truck climbing lanes, constructing three mainline toll facilities,
installing a wireless broad band spine communications system, providing an
optional 20-year asset management/maintenance proposal, providing multi-modal
opportunities including rail freight diversion, passenger, rail, intercity and interstate
bus, aviation and alternatives for bicycles and pedestrians. The 325 mile corridor
will be divided into three project areas; each project area will be designed and
constructed by a separate design.build team, which approach allows simultaneous
construction execution and provides an equal focus on each area to benefit all
corridor communities equally and to complete construction activities as soon as
possible; and the Fluor schedule calls for starting design in 2003 and completing
construction in 2011.
Fluor's plan of finance will enable VDOT to develop, design and construct the
entire 325 miles of 1-81 improvements at a fixed price and deliver it on a date certain
schedule, decades before conventional State/Federal financing would be available
to do so; at $1.84 billion, Fluor's plan is $2 billion less than the more comprehensive
$3.9 billion VDOT 1-81 plan; Fluor will construct the proposed improvements without
105
using any public funds; Fluor has identified rail capacity enhancements to the 1.81
corridor of approximately $111 million; and Flour's preliminary budget for the work
is based upon information provided by Norfolk Southern and the Mid-Atlantic Rail
Operating Report.
The Fluor team's concept provides real and tangible benefits to the 1-81
corridor communities and the Commonwealth of Virginia; Fluor has developed a
concept that offers the greatest possible transportation and public safety benefit at
the lowest environmental and financial costs; Fluor's approach provides a financial
plan based on a new source of revenue with no additional financial burdens for the
State, while at the same time, the approach provides the flexibility to make future
system improvements that can be phased in as additional transportation funding
becomes available.
There being no questions and/or comments by Council Members, the Mayor
advised that both presentations would be received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER RESOURCES: The City Manager called upon Mike McEvoy, Director
of Utilities, for a briefing on the status of wet weather improvements to the Water
Pollution Control Plant.
Mr. McEvoy advised that the purpose of the project is to adopt wet weather
flows at the Water Pollution Control Plant during rain events; the Plant is permitted
for 42 million gallons per day, and approximately 37 million gallons flow through the
Plant on an average day, therefore, the Plant is close to capacity. He stated that
problems occur during wet weather events with infiltration of rain water into the
ground and then into the sewer lines, which is a common problem in al: five
jurisdictions served by the Plant, with flows on a peak hour basis sometimes
exceeding 120 million gallons per day, thereby overwhelming the ability ofthe Plant
to handle a large amount of flow in a short time frame. He referred to the State's
Consent Order to begin construction in September, 2003, and it is proposed to
construct the project in three contracts which will shorten the construction period
by approximately six months. By dividing the project into three contracts, he
106
explained that a larger pool of contractors will be available to choose from since
there are a limited number of contractors on the East Coast that could bid and bond
in the project's price range, and by breaking the project down into smaller projects,
it is anticipated that more contractors will be attracted leading to better bid prices.
He explained that the first contract includes a 30 month construction schedule to
renovate the existing facility at the front of the Plant, the second contract involves
installing two new clarifiers and certain handling improvements and floor protection
elements, the third contract relates to building renovations involving approximately
a 15 month construction schedule, and all contracts can be handled concurrently
and managed at the same time. He explained that the original project design report
recommended a project in the range of $74 million which is unaffordable at this time;
therefore, a project in the neighborhood of $35 million was reviewed, however, it
became apparent during the design phase that certain elements had to be
constructed at this time to meet the goal of the project to handle wet weather
conditions, and to address a number of piping improvements that will require
structures to be constructed over them, which has caused the project scope to
increase to approximately $48 million, including design, land acquisition, roadway
improvements near the plant, construction, and a 15 per cent contingency. He noted
that the original $74 million project anticipated a Plant that would handle 62 million
gallons per day, with a peak hour capacity of 160 million gallons, and under the
current design, 55 million gallons per day can be treated, with a peak hour capacity
of about 160 million gallons. He stated that partner jurisdictions are close to
finalizing a funding agreement, and the current contract allocating flow and monthly
charges requires that each time the Water Pollution Control Plant undergoes an
upgrade in excess of $2 million, a separate addendum to the contract must be
negotiated for cost sharing. He advised that final details of the funding agreement
will be brought to Council within the next several weeks, which provides that each
locality will pay its share of costs based on flow allocations in the Plant, and the City
of Roanoke's share of the project is approximately $23.6 million, which is up from
the original estimate of approximately $17.5 million.
Mr. McEvoy advised that a rate increase will be required to handle debt service
which is proposed through two budget cycles: a 20 per cent increase for fiscal year
2004 and a 15 per cent increase in fiscal year 2005. He stated that a loan has been
acquired through the Virginia Resource Authority at a reasonable rate of 3.75 per
cent; land acquisition near the Water Pollution Control Plant is continuing and title
and appraisal work have been completed on several of the houses; and a
construction manager has been selected through the request for proposals process
107
which involved the other partner jurisdictions. He called attention to opportunities
for minority contractors, and a series of breakfast meetings have been scheduled
to bring representatives of large construction firms to the City of Roanoke to meet
with local contractors prior to bidding the project.
Mr. McEvoy called attention to a report of the City Manager scheduled later on
the agenda to approve the hiring of a construction manager for the project, and
advised that it is proposed to use a third party construction administrator, as
opposed to an engineer, which will provide additional separation and the third party
has no preference in regard to design itself, or any vested interest in design of the
project. He explained that because ofthe amount offunds involved in the contract,
there will be several months when $1 - 2 million per month will be expended in
construction-related services; i.e.: two full time inspectors, plus one half time
inspector and speciality electrical and contracting inspectors. In order to save
money, he stated that it is proposed to hire secretarial support instead of using
secretarial support provided by the contractor, which will decrease overhead costs,
and it is also proposed to use one of the houses that will be purchased near the
Water Pollution Control Plant for office space.
Following questions by Council Members, the Mayor advised that without
objection by Council, the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WATER RESOURCES: The City Manager submitted a communication
advising that in June 2002, Council authorized the design of Wet Weather
Improvements at the Regional Water Pollution Control Plant, which design effort
included an aggressive schedule for completion based upon terms negotiated with
State regulatory agencies; and the schedule culminates in a September start date
for construction activities at the facility.
It was further advised that in an effort to ensure that the project fully meets all
defined expectations and that constructed elements represent the best economic
alternatives for the region, a second request for proposals for completion of
Engineering Peer Review Services and Project Management Services for the
construction phase was issued in October 2002; the City Manager would like to
award a contract for the above described work to Construction Dynamics Group,
Inc., a Maryland Corporation, with offices in Richmond, Virginia; the firm was
108
selected from the 12 proposals that were submitted; said contract will be in an
amount notto exceed $2,001 ,271.00, however, it will be necessary to provide funding
and the City's portion offunding is $914,781.00.
It was noted that significant provisions of the contract include liquidated
damage provisions related to project management ($50,000.00 in damages if the
Project Manager is replaced), as well as two significant cost saving alternatives; the
first cost saving measure includes the temporary re-use of neighboring properties
and structures currently being acquired as office space for the project; and the
second cost saving measure is for the City to provide a full time project
administrative secretary, which will result in a savings of approximately $1 00,000.00
over the anticipated three year project schedule.
It was explained that Utility Staff and the Department of Finance have
completed a State Revolving Loan Fund application to request reduced interest
project funding from the State; the State has returned an initial approval of the loan
request with a competitive interest rate; a future report will be submitted from staff
for consideration by Council of the financing option; terms of the loan require that
the closing date for the funds coincide with a construction start date, therefore,
requiring that the locality bear the cost of engineering services at the beginning of
the project; in order to proceed with the work as expeditiously as possible, cost of
the contract will require an appropriation from the Water Pollution Control Fund
Retained Earnings, and the Water Pollution Control Fund will then reimburse itself
if and when the loan is initiated.
The City Manager advised that the balance of funds will be provided from
contributions by partnering jurisdictions according to a mutually agreed cost
allocation formula, which is substantially similar to those as set forth in the Multi.
Jurisdictional Contract of November 1994.
The City Manager recommended that Council authorize one full-time
Administrative Secretary position to assist with project administration to run
concurrently with duration of the project; and advised that funding for the position
for the upcoming year will be included as part of the fiscal year 2004 budgeting
process.
Mr. Dowe offered the following budget ordinance:
109
(#36261-031703) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Water Pollution Control Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 162.)
Mr. Dowe moved the adoption of Ordinance No. 36261-031703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith --------------------------------------------.-----------------------------------------------7.
NA"l): NClne-----------------------------------------------------------------------------------------0.
Mr. Dowe offered the following resolution:
(#36262-031703) A RESOLUTION declaring the City's intent to reimburse itself
from the proceeds of its tax-exempt obligations for certain moneys to be
appropriated by the City for the City's share of expenditures under a Contract for
Engineering and Consulting Services with Construction Dynamics Group, Inc., in
connection with wet weather improvements to the Regional Water Pollution Control
Plant; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 67, page 163.)
Mr. Dowe moved the adoption of Resolution No. 36262-031703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
an d Mayor Sm ith ----------------------------------------------------------------------.---------------------7.
NA"S: NClI1El--------._-----------------------------------------------------.---------------.---------Cl.
REPORTS OF COMMITTEES:
BUDGET -SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts; and a report of
the Director of Finance recommending that Council concur in the request, were
before the body.
110
$2,509.00 for the Child Specialty Services program to provide funds for
the salary and expenses of the educational coordinator, said funds to
be reimbursed 100 per cent by State funds.
$254,869.00 for the Juvenile Detention Home program to provide funds
for the salary and expenses of three educational coordinators, to be
reimbursed 100 per cent by State funds.
$4,000.00 for the Expanded GED Testing Services program to operate
a satellite GED test center at the Virginia Employment Commission and
expand the testing services in the Roanoke City testing area, to be
reimbursed 100 per cent by State funds.
$250,000.00 for the cost of architectural fees for the development of
construction documents forthe Patrick Henry High School project; and
funding for the project is provided equally from City Capital funds and
Schools' Debt Service Reserve.
Mr. Harris offered the following budget ordinance:
(#36263-031703) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School and School Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 165.)
Mr. Harris moved the adoption of Ordinance No. 36263-031703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith .......--------------------------------------.........---------------------------------.--.. 7.
NA)'l): NClI1El.--...........-.------------------------------------.-..---------------------------------lI.
,. UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
111
CITY COUNCIL: Mr. Bestpitch offered the following resolution eliminating the
provision for fifth Monday Council meetings:
(#36264-031703) A RESOLUTION amending Paragraph 2 of Resolution No.
35958-070102, which established a meeting schedule for City Council for the Fiscal
Year commencing July 1, 2002, and terminating June 30, 2003, by eliminating
subsection (c) of Paragraph 2 which provided for meetings of City Council to be held
on each fifth Monday for the purpose of receiving briefings and reports of Council
members serving in liaison capacities on various committees and for planning
purposes.
(For full text of Resolution, see Resolution Book No. 67, page 168.)
Mr. Bestpitch moved the adoption of Resolution No. 36264-031703. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt and
Mayo r Sm ith _________________________.____________________________--------------------------------------------7.
NAYS: N one.----------------------------------------------------------------------------------- ----0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
TRAFFIC.TRANSPORTATION SAFETY: Council Member Bestpitch called
attention to concerns expressed by drivers regarding speeding citations on Towne
Square Boulevard, N. W., between Valley View Boulevard and Airport Road. He
advised that there is a 25 miles perhourspeed limit sign on one side of the road, but
not on the other side, and asked that the matter be referred to the City Manager for
report to Council.
FLOOD REDUCTION/CONTROL-EQUIPMENT: Council Member Bestpitch
requested a review of the City's procedure for removing City equipment from flood
prone areas.
POLICE DEPARTMENT-COMMITTEES-NEIGHBORHOOD ORGANIZATIONS-
COMMUNITY PLANNING-TRANSPORTATION SAFETY: Council Member Carder
expressed concern with regard to speeding vehicles in Roanoke's residential
112
neighborhoods. He requested that the City Manager appoint a committee composed
of law enforcement representatives, City Planning staff, neighborhood
representatives and citizens to review actions taken by other localities to slow down
traffic and to make neighborhoods safer.
ACTS OF ACKNOWLEDGMENT .SPECIAL EVENTS: The Mayor and Council
Member Wyatt congratulated all persons involved in the St. Patrick's Day Parade
which was held on Saturday, March 15, 2003.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
No citizens requested to be heard.
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGMENT -SPECIAL EVENTS: The City Manager
commended all persons involved in the St. Patrick's Day Parade which was held on
Saturday, March 15, 2003.
FLOOD REDUCTION/CONTROL.EQUIPMENT: The City Manager spoke to
previous remarks of Council Member Bestpitch in regard to reviewing the City's
procedure for the removal of equipment in flood prone areas. She advised that
following the flood of 1985, the City, realizing the potential impact of the 100 year
flood, did, in fact, modify its building code to provide for building requirements of
different magnitude in flood prone areas of the City than elsewhere; and a current
requirement provides that any occupied space by human beings must be at least 8.5
feet above the flood plain, which was taken into account as a decision was made
to redevelop the Reserve Avenue area.
She advised thatthe recent flood experienced by the City was abnormal; using
scientific data that has been gathered over the years, the City and other
jurisdictions took its advice on the projected height of the water from the National
Weather Service in Blacksburg, which has, for many years, taken readings at various
locations, and based upon National Weather Service readings, keyed off of what
should be the highest height of the water in Roanoke within a projected time frame.
She noted that history in this instance proved itself wrong because the water did
113
come to a higher level than was anticipated and did not key off of certain prior
readings. She explained that the City has taken steps to review the abnormality and
the Corp of Engineers and others are looking at what might have created the
problems (development that has occurred over the years so that topography has
changed, or a temporary structure was created within the Roanoke River that may
have precipitated the unusual height of the river). She stated that the City took
immediate steps to call in staff; two pieces of City equipment were lost in the flood,
numerous pieces of equipment received water coverage and staff took immediate
steps to move those pieces of equipment to dry and warm areas and to engage in
immediate "triage" where staff took into account the length of time that the vehicles
had been exposed to water and which vehicles stood the greatest opportunity for
damage. She called attention to the assistance of Valley Metro mechanics and City
employees who are excellent mechanics in their own right. She assured the
Members of Council that City staff is critiquing this particular flood to determine if
the information has changed and if the City should react differently in the future.
She stated that it is unfortunate that the City has equipment that must be stored in
that area of the City at the present time, and called attention to plans to move part
of the equipment on a permanent basis to the Public Works Service Center. She
noted that Council has signaled its intent, long term, to make the area available for
future and better use, with the Roanoke River serving as an amenity.
The City Manager assured the Members of Council and the citizens of
Roanoke that staff acted on the best information that was available at the time and
chose to discard some of the information in order to act appropriately, and City staff
will continue to review the incident so that if the City experiences a future flood
event, staff will be in a position to respond as quickly as possible. The City Manager
stated that she was pleased to report that initial damage estimates on the equipment
have been reduced to a minimum by comparison to what original estimates were
anticipated to be.
At 3:45 p.m., the Mayor declared the meeting in recess for four clused
sessions.
At 5:20 p.m., the meeting reconvened in the City Council Chamber.
114
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith-----------------------.-------------------------------.-------.-.-...----..-.......-..-... 7.
NA"l): N()I1El.............................................................-..-...----..------------.--0.
At 5:20 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m.,
in the City Council Chamber.
At 7:00 p.m., on Monday, March 17,2003, the Council meeting reconvened in
the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Sm ith .................-----------------------------.-....................---.-----------------7.
ABSE NT: None---------------------------.............-----------------------------------.........-0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The invocation was delivered by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
POLICE DEPARTMENT -ACTS OF ACKNOWLEDGMENT: The Mayor recognized
Roanoke Police Explorer Scout Post 616, recipient of the 2002 Youth Award by the
Southwest Regional Crime Prevention Association. He advised that the Youth
115
Award is presented to a youth group, or individual, under the age of 18 who has
promoted crime prevention in the community through awareness campaigns,
volunteerism, and other projects. He stated that Roanoke Police Explorer Scout
Post 616 has performed extraordinary work in their commitment, dedication and
selfless service to the community, they are often called upon and requested to
volunteer their energy and enthusiasm, and they have volunteered at such activities
as National Night Out, Special Olympics fundraising events, League of Older
Americans, "Lunch on the Lawn", Clean Valley Day, Christmas in April, the Virginia
Commonwealth Games and they routinely volunteer at the Bradley Free Clinic. He
commended Scout Post 616 on being a well mannered and disciplined group of
youth who personify role modes for today and great leaders for tomorrow.
PUBLIC HEARINGS:
NEIGHBORHOOD ORGANIZATIONS/PLANS: Pursuantto Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, March 17,2003, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on an Amendment to Vision 2001-2020, the City's
Comprehensive Plan, to add the Gainsboro Neighborhood Plan, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 7, 2003, and Friday, March 14,2003, and in The Roanoke
Tribune on Thursday, March 13,2003.
The City Planning Commission submitted a written report recommending that
Council adopt, as a component of Vision 2001-2020, the Gainsboro Neighborhood
Plan, as modified on February 20, 2003.
Mr. Cutler offered the following ordinance:
(#36265-031703) AN ORDINANCE approving the Gainsboro Neighborhood
Plan, and amending Vision 2001 . 2020, the City's Comprehensive Plan, to include
the Gainsboro Neighborhood Plan; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 170.)
Mr. Cutler moved the adoption of Ordinance No. 36265-031703. The motion
was seconded by Mr. Dowe.
'~'--'~
116
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the matter.
The first person signed up to speak on the matter was Mr. Charles A. Price,
who, when called upon to speak, deferred.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., pointed out that photographs
of the Gainsboro neighborhood will be submitted for inclusion in the Neighborhood
Plan, and additional development proposals for Henry Street will be submitted. In
regard to the Total Action Against Poverty proposal, she advised that there was no
discussion or agreement within neighborhood meetings regarding relocation of the
Harrison Museum of African.American Culture, and asked that her comments not
be interpreted to portray disagreement with the move. She stated that it was
reported during the meetings that neighborhood groups would like no buildings on
Henry Street to be taller than four stories, and noted that buildings taller than four
stories should not be permitted inasmuch as such structures would be historically
incorrect. On behalf of those organizations that participated in the meetings, she
expressed appreciation to City staff and to the City Planning Commission who
worked with the neighborhoods to complete the Gainsboro Neighborhood Plan.
Mr. Charles A. Price, 3201 Willow Road, N. W., asked to be heard; whereupon,
the Mayor advised that he would recognize Mr. Price; however, in the future,
speakers are requested to address Council in the order in which they registered to
speak.
Mr. Price advised that the plan developed by the Roanoke Neighborhood
Development Corporation (RNDC) in 1997.98 regarding Henry Street was prepared
with community input and developed based upon zoning and potential use at that
time for the area. He stated that RNDC was involved in development of the adjacent
parking area, as well as the parking garage, and considerable time was involved in
addressing vista/height limitations and overall scope and scale. He disagreed with
Ms. Bethel's remarks in connection with the height of the buildings, because the
area, insofar as height was concerned, was restricted as a visual means to allow an
overall overview from downtown into the Gainsboro community, and to allow
maximum development in the other adjacent C.3 areas, and insofar as height and
zoning issues, buildings will be developed with that in mind. He stated that it is not
the intent of RNDC to place restrictions on the northwestern part ofthe site, because
of the view that will allow for the potential of development, and the RNDC plan
prepared for the Henry Street area was not restrictive in the sense as noted by Ms.
Bethel in her comments.
117
There being no further speakers, the Mayor declared the public hearing
closed.
Council Member Cutler inquired if the name Henry Street could be used
instead of First Street, since it is confusing to talk about Henry Street when Henry
Street no longer exists. In regard to a comment that a central meeting place is
needed for community activities, he advised that the Harrison School is lorated
across 5th Street from the Gainsboro neighborhood, and the Harrison School should
be protected and adaptively reused, with or without the Harrison Museum's principle
which will be moved to the Dumas Center. He stated that the Harrison School is a
logical place for a community activities center and suggested that the matter be
discussed in the future. He noted that during discussion of the repair, widening and
reuse of the First Street Bridge as the Martin Luther King, Jr. Memorial Bridge, it was
mentioned that the bridge would be a logical place for the Lick Run Greenway to
move across the railroad tracks from The Hotel Roanoke into downtown Roanoke,
and asked that future implementation of the Gainsboro Neighborhood Plan include
a reference that the Lick Run Greenway will cross the Martin Luther King, Jr.
Memorial Bridge.
There being no further discussion, Ordinance No. 36265-031703 was adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayo r Sm ith --.-----------------------------------------------------------------------------------------7.
NA'fl): N()!lEl---....-.----------------------------------....-.----------------------------------.--.-.().
SPECIAL PERMITS: Pursuant to previous action ofthe Council, the City Clerk
having advertised a public hearing for Monday, March 17, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a proposal of the City of
Roanoke to grant a revocable license permitting the encroachment of parking
spaces eight feet into the public right-of.way at 3308 Franklin Road, S. W., the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 7, 2003.
The City Manager submitted a communication advising that property owners
at 3308 Franklin Road, S. W., have requested permission to implement a new parking
configuration to accommodate the addition of two handicapped parking spaces, and
'.""->-"
118
the new configuration will create an encroachment into the public right-of-way; the
requested revocable encroachment will extend approximately eight feet into the
right-of-way of Franklin Road, S. W., at grade level, and the right-of-way of Franklin
Road at this location is approximately 190 feet in width.
It was further advised that liability insurance and indemnification of the City
by the property owner will be provided by the property owner, subject to approval
by the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owners, Kenneth and Linda Cumins, and recorded in the
Clerk's Office of the Circuit Court for the City of Roanoke, granting a revocable
license to allow construction of parking spaces encroaching into the right-of-way at
3308 Franklin Road, S. W.
Mr. Harris offered the following ordinance:
(#36266-031703) AN ORDINANCE granting a revocable license to allow the
encroachment of parking spaces extending eight (8) feet into the public right-of-way
at grade level, to implement a new parking configuration to accommodate the
addition of two handicapped parking spaces, upon property located at 3308 Franklin
Road, S. W., bearing Official Tax No. 1300116, upon certain terms and conditions;
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 171.)
Mr. Harris moved the adoption of Ordinance No. 36266-031703. The motion
was seconded by Mr. Carder.
There being none, he declared the public hearing closed.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the matter.
There being no discussion by Council, Ordinance No. 36266-031703 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith ..._____...._____......____....._____....._____....___--....-----.....-----....-----....---7.
NAYS: None-------------..-------..-------..-------...-------..--------.----------------------------0.
119
AIRPORT-SIGNS/BILLBOARDS/AWNINGS-SPECIAL PERMITS: Pursuant to
action of the Council, the City Clerk having advertised a public hearing for Monday,
March 17,2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with
regard to a proposal of the City of Roanoke to grant a revocable license to the
Roanoke Regional Airport Commission for encroachment of an overhead directional
sign approximately 58 feet into the public right-of-way of Aviation Drive, N. W.,
approaching the main entrance of the Airport Terminal Building, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 7, 2003.
The City Manager submitted a communication advising that the Roanoke
Regional Airport Commission, owner of property along Aviation Drive, N. W., has
requested permission to install an overhead directional sign, with all necessary
appurtenances thereto, approaching the main entrance to the Airport Terminal
Building; the proposed sign will create an encroachment into the public right.of.way
of Aviation Drive, N. W.; the revocable encroachment will extend approximately 58
feet into the right-of-way of Aviation Drive; the right-of-way of Aviation Drive at this
location is approximately 158 feet in width; and liability insurance and
indemnification of the City by the applicant shall be provided, subject to approval by
the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owner and recorded in the Clerk's Office of the Circuit
Court for the City of Roanoke, granting a revocable license to the Roanoke Regional
Airport Commission, to allow installation of a directional sign encroaching into the
right-of-way of Aviation Drive, N. W.
Mr. Harris offered the following ordinance:
(#36267-031703) AN ORDINANCE granting a revocable license to permit the
encroachment of an overhead directional sign, extending approximately fiftY-'light
(58) feet into the public right-of-way of Aviation Drive, N. W., upon certain terms and
conditions; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 173.)
Mr. Harris moved the adoption of Ordinance No. 36267-031703. The motion
was seconded by Mr. Dowe.
~-_.',.
120
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the matter.
There being none, he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36267-031703 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith......----------............----------.........-----------.........-------------.......-----7.
NA"l): N()I1El-----.-......----------------.......----------------....------------------....-----------Cl.
AIRPORT -LEASES: Pursuant to action of the Council, the City Clerk having
advertised a public hearing for Monday, March 17, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to a proposal of the City of
Roanoke to convey approximately 800 square feet of property bearing Official Tax
No. 6640123 to the Federal Aviation Administration, conditioned upon an agreement
with the Hertz Corp. to amend a Lease Agreement removing an 800 square foot area
from the lease, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 7, 2003.
The City Manager submitted a communication advising that the Federal
Aviation Administration is in the process of acquiring sites to install Low Level Wind
Shear Alert System Remote Sensors, and one ofthe proposed sites is on City-owned
property currently leased by the Hertz Corp.; and the lease with the Hertz Corp.
provides that the lease is subject to and subordinate to provisions of any future
agreement between the City of Roanoke and the United States relative to operation,
improvement or maintenance of the Roanoke Regional Airport.
It was further advised that the FAA has offered to buy the site, consisting of
approximately 800 square feet, for the sum of $42,000.00; the area is currently
contained within a portion of the area that the City has leased to the Hertz Corp.; and
the Hertz Corp. has verbally agreed to an amendment to its lease whereby the 800
square foot area would be released from the lease agreement for a corresponding
reduction in the amount of monthly lease payments made by the Hertz Corp. to the
City.
121
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents, including a contract and deed, to
convey the subject property containing approximately 800 square feet to the United
States of America, such documents to be approved as to form by the City Attorney;
with such approval to be specifically conditioned upon the Hertz Corp. executing an
amendment to the lease agreement between the Hertz Corp. and the City of Roanoke
removing the 800 square foot area from the lease agreement; and the grantee will
be responsible for all title work, surveying, plat preparation, and preparation of legal
documents.
Mr. Harris offered the following ordinance:
(#36268-031703) AN ORDINANCE authorizing the City Manager to execute
agreements, deeds and any related and necessary documents providing for the
conveyance to the United States of America of a portion of City-owned property
identified by Official Tax Map No. 6640123, consisting of 800 square feet, located on
Municipal Road, for the installation of Low Level Wind Shear Alert System Remote
Sensors; upon certain terms and conditions, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 175.)
Mr. Harris moved the adoption of Ordinance No. 36268-031703. The motion
was seconded by Mr. Cutler.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the matter.
There being none, he declared the public hearing closed.
There being no discussion by Council, Ordinance No. 36267-031703 was
adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith -----------------....---------------------.---------------------..---------------------....-7.
NA"l): NClnEt-----------......------------------.....----------------.-..----------------------....---0.
'.'''__4.
122
PARKS AND RECREATION.CITY PROPERTY.BLUE RIDGE PUBLIC
TELEVISION: Pursuant to action of the Council, the City Clerk having advertised a
public hearing for Monday, March 17, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, with regard to a proposal to convey five acres of City-owned
property to Blue Ridge Public Television (BRPT), being a portion of Fishburn Park
currently used by BRPT for its station and located off of Colonial Avenue, S. W., and
to impose a restriction on a 6.8-acre portion of Fishburn Park that such property will
be used for park purposes, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, March 10, 2003.
The City Attorney submitted a written report advising that since 1966, the City
has leased to Blue Ridge Public Television (BRPT) five acres of Fishburn Pari<, on
which BRPT has constructed its television station; the current lease ends on
November 14, 2004, and BRPT has offered to purchase the five acres from the City
for the sum of $100,000.00; approximately two and one half acres of the parcel of
land leased to BRPT are encumbered by a restriction placed upon the property when
it was conveyed to the City in 1935 by the late Blair J. Fishburn, limiting use of the
land to "park purposes"; and BRPT wishes to have this restriction removed from the
property to be conveyed by the City.
It was further advised that the heirs of Blair J. Fishburn have agreed to release
the restriction, if 1) the City will agree to imposing a similar restriction on
approximately 6.8 acres of Fishburn Park currently unencumbered with it, 2) the City
will expend the proceeds of the sale of the property on improvements to Fishburn
Park, and 3) BRPT will expend at least $47,753.00 to construct the Blair J. Fishburn
Community Room at its station, which room shall be available to and open to the
public; and BRPT has agreed to the third item by resolution adopted on February 28,
2003.
Mr. Harris offered the following ordinance:
(#36269-031703) AN ORDINANCE authorizing the City Manager to execute an
agreement, deed and any related and necessary documents providing for the sale
and conveyance of City-owned property located on Colonial Avenue, S. W., lying in
Fishburn Park, containing approximately 5.0 acres, more or less, a 2% acre portion
of which is encumbered by certain restrictions contained in a 1935 deed; approving
removal of such restrictions, and imposition of the same deed restrictions on a 6.8
123
acre tract of land also lying in Fishburn Park; approving expenditure of the
consideration received forthe sale ofthis parcel for improvements to Fishburn Park,
upon certain terms and conditions, and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 176.)
Mr. Harris moved the adoption of Ordinance No. 36269-031703. The motion
was seconded by Mr. Dowe.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with the matter.
There being none, he declared the public hearing closed.
Council Member Carder called attention to the possibility that the Murray Run
Greenway runs through a corner of the property in question, and, that being the
case, he suggested that the City of Roanoke retain a permanent easement for the
greenway, thereby ensuring no problems in the future.
The City Attorney responded that the deed will retain existing easements, and
it would be prudent to prepare a survey and reserve the specific easement.
Ordinance No. 36269-031703 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris, Wyatt
and Mayor Sm ith -------------------------------------------------------------------.----..----.--........... 7.
NA"l): NClI1El--------------.-......-...-.-------------------------------------------------------------().
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
CITY COUNCIL: The following persons addressed Council with regard to
adopting a proposed measure opposing military action against Iraq by the United
States of America:
...."--,,,
124
Ms. Audette Fulbright, 1326 Belleview Avenue, S. W., requested that Council
adopt a resolution opposing the United States threatened violation of the United
Nations Charter by unilateral preemptive military action against the sovereign nation
of Iraq, and the dangerous precedent such action would establish, that the President
and Congress be urged to work with and through the United Nations to obtain
compliance by Iraq with United Nations Security Council Resolutions, and that war
should not be taken unilaterally or preemptively by the United States. She presented
petitions signed by persons in support of adoption ofthe resolution and pointed out
that as of noon on Monday, March 17, 2003, 151 U. S. cities and counties had
declared themselves peace cities and expressed their opposition to war with 'Iraq;
two Virginia cities have declared themselves peace cities: Alexandria and
Charlottesville; and nine localities are considering such declarations: Arlington
County, Blacksburg, Fairfax County, Falls Church, Leesburg, Loudon County,
Staunton, and Williamsburg.
Mr. Bob Fetter, 2923 Carolina Avenue, S. W., called attention to expenses
associated with the war on Iraq and the occupation and rehabilitation that will follow.
Ms. Elizabeth Keyser, 714 White Oak Road, S. W., advised that the war against
Iraq is a bad move on the part of the United States for five distinct reasons: (1) the
tremendous toll on human life and suffering, (2) the economic toll will be
overwhelming, with $100 billion for the war alone, not taking into consideration the
aftermath of the war; (3) the security of Americans is being threatened around the
world; (4) the United States is losing the respect of nations around the world; and
(5) Americans are losing self-respect because of the hypocritical and self-righteous
nature of certain communications generated by the United States Government. She
encouraged Council to adopt the proposed resolution.
The Reverend Rusty Dinkins.Curling, 2817 Cumberland Street, N. W., spoke
in support of adoption of the resolution, although it appears that war is imminent.
He advised that there are viable alternatives that have not been reviewed and have
not been tried by the United States Government. He stated that sufficient time
should be allowed for inspectors to complete the task of disarming Iraq, and that the
United States declare to Iraq that if it cooperates with inspectors and disarms, it will
not be attacked. He called attention to a proposal by a group of United States,
British, and Anglican clergy for a six point plan that closely resembles the
alternatives included in the proposed resolution, which many persons believe would
be successful in disarming Iraq; and if there is a means that will work short of a war,
with the associated loss of life and property and the cost of war, it should be tried.
125
COMPLAINTS-CITY EMPLOYEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The following persons addressed Council in connection with
alleged discriminatory practices by the City; I.e.: the termination of employment of
Ms. Nandini Assar, an employee of the Roanoke Neighborhood Partnership Office:
Ms. Angela Norman, 1731 Michael Street, N. W., addressed Council as a
community leader and a representative ofthe Municipal Employee Association. She
called attention to areas of employment deficits and discrimination within City
government; endorsement of the City Manager's Affirmative Action report by the
President of the Roanoke Chapter, NAACP, was only one voice and did not
represent the black community or other minorities; and discrimination and
favoritism still exists from the top down in City management, with managers and
supervisors who are fearful of loosing their jobs if they do not support decisions
from the top down, whether such decisions are morally and professionally right or
wrong. She stated that African-Americans are purposely being hired as supervisors
over other blacks as a disguise to accomplish the covering up of discrimination
against targeted employees. She spoke in support of Ms. Nandini Assar, a minority
employee from India, who was unjustifiably terminated from her position with the
City. She stated that Ms. Assar has more education and professional experience
than her supervisors; and support of her termination from the top down, again
exposes the level of discrimination that is alive behind closed doors. Because
favoritism is another problem, she added that some Caucasian employees are also
being treated unfairly, and she has appeared before Council over a period of six
years addressing this concern, because internal investigations render
predetermined decisions, not favorable for employees, since the deck is stacked
from the top down. She requested the assistance of Council in reaching fairness
and equity for all City employees.
Ms. Nandini Assar, 311 Buckingham Place, Blacksburg, Virginia, advised that
she was a City employee for 13 months; she was dismissed without notice on
Friday, January 3, 2003, at 4:45 p.m., prior to a scheduled week of leave time, and
she had no opportunity to address allegations about her work, despite repeated
efforts. She called attention to the last document in her personnel file prior to
receiving her letter oftermination which was an internal promotion. She stated that
she brought the matter to the attention of Council after exhausting all steps in the
City's published grievance procedure. She explained that she experienced racial,
ethnic and other discrimination and prejudice in her employment; she was
dismissed without cause; she was hired as a temporary employee in November,
2001, with the understanding that a permanent position would become available
."'--~
126
shortly thereafter; in June, 2002, she was promoted to permanent full-time status to
the position of Neighborhood Development Specialist, and was offered a salary, in
writing, that was lower than her wages as a temporary employee; and upon
accepting the position, the written offer was further reduced, without discussion,
when she received her final letter of appointment and duties of the position were
downgraded, which is typical of discriminatory practices. She stated that feedback
was denied, and when she filed a grievance, it was ignored. She explained that she
was hired to work with neighborhood groups and to render support in efforts to
enhance neighborhoods; however, the day after her promotion, she was directed
to move to a new work station and answer telephones at the City's call center with
no previous training for the new duties. She advised that she informed her
supervisor that while she was willing to help, this was not the best use of her
capabilities and thus a waste oftaxpayers' money, which issues were not addressed
by her supervisor. She stated that she worked under hostile supervision and
without adequate support and training, her supervisor often provided contradictory
directions, her questions were unanswered and feedback was not forthcoming. She
stated that on January 3, 2003, she was given a letter of termination alleging poor
customer service and neglect, although no record exists of poor customer service
in her personnel file and despite several requests, she was not provided with a copy
of the signed written evaluation or any supporting documentation. She explained
that she has complied with the City's grievance procedure, and requested that
Council review the situation and that she be reinstated with the offer of employment
dated June, 2002, and with provisions for supervision that are conducive to success.
Ms. Peggy Blankenship, 2316 Russell Avenue, S. W., President ofthe Norwich
Neighborhood Alliance, spoke on behalf of Ms. Assar. She advised that for some
time the Norwich organization experienced difficulties with the Roanoke
Neighborhood Partnership Office, which provided limited guidance until the arrival
of Ms. Assar. She stated that Ms. Assar assisted the organization in obtaining a
$10,000.00 Community Development Block Grant forthe Norwich neighborhood, and
she provided the necessary leadership and guidance on behalf of an office of the
City that is vital to the well being of Roanoke's neighborhoods.
Ms. Sandra Eanes, 1616 Stewart Avenue, S. E., commended the work of Ms.
Assar in assisting the Southeast Action Forum. She advised that Ms. Assar i~ well
informed, and she has been a great asset to the Roanoke Neighborhood Partnership.
She requested that Ms. Assar be reinstated to her position of Neighborhood
Development Specialist.
127
Mr. Lewis Grogan, 528 Chestnut Avenue, N. W., spoke in support oI the
assistance rendered by Ms. Assar to the Northwest Neighborhood Improvement
Council. He advised that Ms. Assar was helpful in providing the necessary
information in the grant process, and she has performed her duties and
responsibilities with integrity and professionalism. He stated that Roanoke's
neighborhoods are suffering because the grant process, which is important to
Roanoke's communities, has been interrupted, and requested that Ms. Assar be
reinstated in her position so that Roanoke can go back to the process of improving
its neighborhoods.
Ms. Kathy Hill, 509 Arbor Avenue, S. E., spoke in support ofthe reinstatement
of Ms. Assar to her position. She called attention to other employees in the Roanoke
Neighborhood Partnership Office who have either been replaced, or assigned to
work in other City departments. She stated that Ms. Assar was unfairly terminated
and the circumstances of her termination should be investigated, followed by
corrective action.
Ms. Adrian Brown, 813 Gilmer Avenue, N. W., spoke on behalf of Ms. Assar
and other City employees who have suffered, are suffering, and will suffer from
discrimination at the hands of those who are practicing different forms of
discrimination. She stated that she worked with Ms. Assar, who displayed
characteristics of strength of character and dedication to the values that City
employees hold dear - competence, fairness and respect; she practiced excellent
customer service with neighborhoods and provided a positive influence on citizens.
She added that Ms. Assar, like many other City employees, fell victim to what
appears to be a corrupt departmental system that should be changed; and some
employees have left the City, some are waiting in the wings for the "shoe to fall", and
some do not know that they will be a victim in the future. She asked that Council
listen carefully to what is being said because most City employees suffer in silence.
COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 3360 Hershbr:rger
Road, N. W., advised that the last time he appeared before Council, he was denied
his first amendment right to freedom of speech. He advised that Council Members
are elected to represent all of the citizens of Roanoke and not a select few. He
expressed concern with regard to the City's pay scale, and the use of taxpayers'
dollars to construct large buildings and to attract businesses to the City of Roanoke.
128
NEIGHBORHOOD ORGANIZATIONS/PLANS-COMPLAlNTS-CITY EMPLOYEES.
CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the
world is in crisis, with people crying for peace; and it is disturbing to hear citizens
request that their City Council issue a resolution for Roanoke to be a city of peace,
and the reaction of Council to not respond in any way is disturbing. She stated that
it is also disturbing when an individual defers to address Council, and later is
allowed to address comments made by a previous speaker with little reference to the
Neighborhood Plan which was the topic of discussion. She added that it is also
disturbing to hear a City employee indicate specifically how he or she has been
discriminated against, and other City employees have addressed Council in the past
with their concerns of discriminatory practices without any response by Council.
She asked that Council work with City employees and Roanoke's neighborhoods so
that they can be the best they are capable of becoming.
There being no further business, the Mayor declared the meeting adjourned
at 8:10 p.m.
APPROVED
Ralph K. Smith
Mayor
7JtT ST: /J
~~- ~ f1p_I~-
-. 1.
Mary F. Parker
City Clerk
.,._1,..".,.
129
REGULAR WEEKLY SESSION.----ROANOKE CITY COUNCIL
April 7, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, April 7,
2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular MeetinQs,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193-010603 adopted on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday in
each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members William H. Carder, M. Rupert Cutler, William D.
Bestpitch, and Mayor Ral ph K. Smith -----------....---------------...--------------...----------------4.
ABSENT: Council Members C. Nelson Harris, Alfred T. Dowe, Jr., and Linda F.
Wyatt (arrived late) ...--------------....---------------...-----------------...---------------..-.--------------3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that
Council convene in a Closed Meeting to discuss a special award, being the Shining
Star Award, pursuant to Section 2.2.3711 (A)(10), Code of Virginia (1950), as
amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith------------4.
NA"l): NClI1El---...----------------------..-.--------------------------------------------------...----Cl.
(Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.)
130
COMMITTEES.CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith..--.......-4.
NA)(l): NClnEl......-...-..-.-...--....................--.--..---.---.--------.----------.--.-..----..-0.
(Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in Closed Meeting as above described. The motion was seconded by Mr.
Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith------------4.
NA)(l): NClnEl..........---------------...............---------------.-..........---------------.-.....0.
(Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.)
PURCHASE/SALE OF PROPERTY-CITY COUNCIL-CITY PROPERTY: A
communication from the City Manager requesting that Council convene in a CI~sed
Meeting to discuss acquisition of real propertyforpublic purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A) (3), Code of Virginia (1950), as
amended.
131
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in Closed Meeting as above described. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Bestpitch and Mayor Smith---------.-.-4.
NA"l): NClI1El----..-----------------.------------------..-----------------------------------.---------ll.
(Vice-Mayor Harris and Council Members Dowe and Wyatt arrived late.)
At 9:05 a.m., the Mayor declared the meeting in recess.
The Council meeting reconvened at 9:10 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith
presiding, and all Members of the Council in attendance. (Mr. Dowe arrived at
9:30 a.m.)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION, CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
SALE/PURCHASE OF PROPERTY-BUDGET-WATER RESOURCES: The City
Attorney presented an additional measure for consideration by Council at its
2:00 p.m., session in connection with the City Manager's communication
recommending execution of Change Order No. 2 to the contract with Golder
Associates, Inc., for ground water exploration investigation and work, with regard
to development of additional water sources to increase the City's water supply; an
option agreement to purchase property located at 1905 Riverdale Road, S. E., to be
used as a well site; and appropriation of funds. (Agenda item 6.a.6.)
HABITAT FOR HUMANITY: Dr. Cutler referred to an item on the 2:00 p.m.,
Council docket pertaining to a request of Habitat for Humanity in the Roanoke Valley,
Inc., to present a faux check representing property taxes, permit fees, and local
sales taxes paid to the City and to discuss new house designs. He called attention
to a concern of Habitat for Humanity in regard to the City's reaction to its proposal
to construct six to twelve new houses; however, there appears to be a reluctance on
the part of the City Manager to approve the proposal.
132
The City Manager advised that Habitat for Humanity has constructed 120+ low
to moderate income houses in the City of Roanoke, most of which were constructed
priorto the Council's discussion regarding ways to deconcentrate low and moderate
income housing throughout the City, and to disperse such housing so that there is
not a high concentration of anyone socio-economic status in the community. She
stated that direction has been provided to Habitat indicating that the City is
prepared to make funds available through the Community Development Block Grant
program, but housing should not be constructed in such a way as to further
concentrate housing in a particular area of the City; however, Habitat has not
responded to the offer. She explained that the City, through the Roanoke
Redevelopment and Housing Authority, owns a tract of land on which Habitat is
interested in constructing a significant number of houses, which is in addition to a
parcel of land that Habitat currently owns that would provide the opportunity for
construction of six or more houses; however, it is the opinion of City staff that no
further housing should be concentrated in that specific area of the City. She noted
that City staff has been supportive of Habitat for Humanity and encouraged Habitat
to modify its housing design so that in the future Habitat homes will be more in
keeping with the overall neighborhood and the houses will not stand out in a way
that makes it obvious that the structure is either a Habitat house, or the occupant is
of low to moderate income status; therefore, Habitat has agreed to construct
different size houses, with multiple arrangements for bedrooms, porches, etc. She
advised that there continues to be a concern about the concentration of Habitat
houses in one part of the City; Habitat has advocated minimum acreage for its
houses so as to maximize the number of houses that can be constructed on a
particular parcel of land; and City staff believes that the approach should be to
locate Habitat houses in all neighborhoods, to use infill properties, and to construct
houses of a similar character to those already existing in the neighborhood. She
stated that Habitat for Humanity has been advised that the City of Roanoke cannot
continue to be the low and moderate income housing capital of southwest Virginia
and the City has suggested that Habitat should acquire property in other areas ofthe
region.
The City Manager explained that staff's recommendation in no way affects
Habitat's ability to purchase property and to build as would any private developer,
but in large measure, Habitat for Humanity has been able to construct many houses
in the City of Roanoke because the City has made property available to the
organization.
Council Member Dowe entered the meeting.
133
SCHOOLS: Vice-Mayor Harris referred to an item on the 2:00 p.m. Council
docket pertaining to the selection of persons to be formally interviewed for the
position of School Trustee on April 24, 2003, beginning at 4:30 p.m. He advised that
Council may interview up to three persons per vacancy, or nine applicants; however,
Council could interview less than nine persons if it so desires. He stated that it
would be appropriate to reach a consensus of the Council at this time as to those
persons who will be formally interviewed.
Following discussion, it was the consensus of Council that the following
persons will receive the formal interview on April 24, 2003, at 4:30 p.m., in the
Council Chamber, and all other applicants will be eliminated from the School Trustee
selection process:
Dennis M. Binns
F. B. Webster Day
Tiffany M. Johnson
Gloria P. Manns
Kathy G. Stockburger
David B. Trinkle
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
COUNCIL.SCHOOLS-BUDGET: The City Manager advised that Council is
scheduled to meet with the School Board in budget study session on Thursday,
May 8, 2003, at 8:30 a.m. She explained that because the fiscal year budget has
been established by that time, the meeting is not strictly a budget session, but could
provide an opportunity to discuss other issues. She called attention to an item of
significant importance to the Council and to the School Board; i.e.: a detailed
presentation by the School Board on plans for renovations to Patrick Henry High
School, and noted that the Patrick Henry project is the most significant capital
expenditure for anyone item in the school system in many years, however, no
in-depth presentation has been made to the Council.
Following a discussion of the matter, it was the consensus of Council to
request a detailed briefing on Patrick Henry High School renovation plans; a briefing
on vocational/technical education and the changing needs of society, recognizing
that a four-year college degree will not be the demand for most jobs of the future,
financial support by the School Board for vocational/technical education, the School
Board's philosophy/definition of vocational/technical education and its future, the
future of the Blue Ridge Technical Academy, the sharing of the principalship
between the Blue Ridge Technical Academy and the Noel C. Taylor Learning
Academy, a clarification of the focus of the Blue Ridge Technical Academy and the
Gibboney Career and Technical Education Program, and a brief summary of the
School Board's proposed fiscal year 2004 budget.
134
It was suggested that the budget information be provided to the Council in
advance of the May 8 meeting for review.
BRIEFINGS BY STAFF:
FLEET MANAGEMENT: The City Manager introduced Robert D. Frazier,
Manager, Fleet Management, for a briefing on the City's vehicular fleet and
equipment, and reductions in the fleet which are proposed in the fiscal year 2004
budget.
Mr. Frazier presented information on the mission and VISion of Fleet
Management, a utilization survey, performance measures, a vision for the future and
key steps that are necessary to accomplish the vision. He advised that staff's vision
to be the best Fleet Management organization in the Commonwealth of Virginia by
the year 2005 is in concert with Goal No.4 of City's Strategic Plan 2003. He stated
that a utilization survey revealed that approximately 884 vehicles and pieces of
equipment are managed by the Fleet Management Division and as a result of
research through the American Public Works Association, minimum standards were
developed for maintaining and utilizing City vehicles; and survey results information
was provided to City department managers inquiring as to the amount of utilization
of equipment/vehicles, is the equipment being properly utilized, are there ways to
consolidate equipment, are there ways to eliminate certain equipment, and is it
possible to work in a new mode with fewer vehicles and equipment. He stated that
the departments also looked at how they are budgeted in comparison to other
municipalities in the Commonwealth of Virginia and it was determined that Roanoke
is ranked 6th in budgeted dollars but 3rd in fleet size, and in reality the City of
Roanoke is spending about $1 ,000.00 per vehicle, but budgeted at just over $700.00
per vehicle.
He explained that the first goal was to match the size of Roanoke's fleet to the
needs and utilization of the Fleet Management department, and to ensure that the
department could properly maintain the fleet of vehicles, which, in today's market
means more than just purchasing parts and equipment, but the training of
technicians that involves investment of a lot of time and money to ensure that
technicians receive the training they need to properly diagnose and repair
equipment. In addition, he stated that vehicles and diagnostic tools are updated
each year so as to identify vehicular problems; there was a need to eliminate and
to consolidate vehicles wherever possible, therefore, department managers were
requested to identify those areas where operations could be consolidated, where
vehicles could be shared by more than one City department through a motor j)ool,
and 35 vehicles and pieces of equipment are currently included in the City's motor
".......-l"._......
135
pool. He noted that voluntarily, department managers eliminated 90 vehicles and
pieces of equipment from the fleet, which equates to an immediate savings of
$611,500.00 for vehicles and pieces of equipment that did not need to be replaced,
and when projecting the costs over an average of a ten.year life span, $285,000.00
in savings per year for ten years represents approximately a $3 million savin!ls in
CMERP and an immediate savings of $46,000.00 a year in the Fleet Management
budget for repairs and maintenance of equipment. He stated that departmentally,
performance measures were established to determine if Fleet Management was
doing a good job for all City departments by analyzing availability, which is the
percentage of time that a vehicle or piece of equipment is actually available when it
is scheduled for use; industry standard is 95% of the time, and over the past six
months, the City was above the 95% level during five of those six months. He called
attention to a snow removal policy for City employees to better manage vehicles and
to ensure the best possible job in these situations; vehicle turnaround time was
reviewed with regard to the amount of time it takes to get a vehicle back in service,
and turnaround time has been reduced by 50% in the last six months. He stated that
staff reviewed the parts department, and the last three inventories showed a 1.2%
average error rate, or less, while industry standard is 5%.
He reviewed cost saving measures, such as reducing the number of sports
utility vehicles which are more expensive to maintain than a sedan or pick-up truck
by 10%; utilizing salvaged vehicles for parts which led to a savings of over
$14,000.00 in the cost of new parts; the department has studied the potential of
repairing parts versus replacement of parts as a cost saving measure; and CMERP
replacement of equipment was reviewed so as to purchase the most efficient
equipment for the tax dollar.
Looking to the future vision of the Fleet Management department, Mr. Frazier
called attention to a goal to formalize a career development program which will
guide employees upon entering the department on how to move up from a
Mechanic's Helper to a Mechanic 1, to a Mechanic 2, to a Master Mechanic, to a
Supervisor; how to attain ASE certification, which has been attained by 75% of the
City mechanics; and the City of Roanoke can apply to be Blue Seal Certified which
will make Roanoke the fourth municipality in the Commonwealth of Virginia to be
ASE Blue Seal Certified in the shop. He explained that individual productivity is
emphasized by tracking direct labor, indirect labor, and reviewing the amount of
time that is devoted to a specific activity, while looking for methods to improve
productivity through a team approach and buy in by staff. He stated that a goal is
to fully implement the motor pool, to implement the department's mission policy to
help guide City department managers in making the right decisions regarding
replacement of vehicles, development of vehicle replacement guidelines containing
136
mileage and/or hours criteria, age criteria, and Iife-to-date maintenance costs, and
when a vehicle exceeds any two of those standards for the type of vehicle, it then
qualifies for replacement; and to continue the tracking program by reviewing
significant criteria to be able to move to the next level in order to provide better data
leading to better decisions and better accountability. .
Mr. Frazier reviewed other specific steps such as a new procedure for
addressing oil changes for the City's vehicular fleet, installation of new shop doors
on the back side of the facility, installation of an in.house radio system, re-
engineering the night shift operation to be more productive during those hours
when there are fewer City employees on the job, investment in software technology
and hardware technology that will provide better tracking capability and direct
interaction between technicians, and investing in the right diagnostic equipment, all
of which will lead to a more efficient operation and better service for customers.
In summary, Mr. Frazier expressed appreciation for the opportunity to review
the operation of the Fleet Management division. He stated that the department is
taking an aggressive role in reduction of costs and in better management of the
City's fleet assets in an effort to improve productivity; employees have been
challenged to develop solutions, some of which have been implemented; and the
goal for the future is to continue to listen and to challenge staff to come up with
even better ideas.
Council Member Carder referred to the days of the $400.00 oil changes, and
asked to see additional numbers inasmuch as he advocated privatization of the
service to increase cost effectiveness. He inquired if the department is bench
marking versus the budget, and advised that he favors bench marking versus actual
cost. He requested additional information on the amount of dollars per vehicle mile,
the preventative maintenance program, and what are the numbers if the total
number of dollars in fleet is divided by the number of vehicle miles, versus total
cost if the operation is privatized. He requested additional information on standard
business practices throughout the United States in terms of fleet management, what
are other communities doing, what was the reason for the $400.00 oil change which
was revealed in a City audit that showed a tremendous amount of waste, as well as
other issues in the parts department, what does an oil change cost today, and total
dollars expended per vehicle mile today versus yesterday.
Mr. Frazier called attention to privatizing the City's towing needs, at a cost of
less than $40,000.00 per year, which will represent a tremendous cost savings for
the City; and partnering with vendors on equipment/parts and one price oil changes.
,,_........,~.
137
There was discussion with regard to the rental of certain equipment that is not
used on a regular basis versus the cost of replacement of the same equipment by
the City; whereupon, Mr. Frazier advised that only a few pieces of equipment that
were eliminated from the City's fleet would have to be rented, most of which is in the
Streets Division, and amounts to no more than several thousand dollars per year;
and the City Manager has requested that various pieces of equipment be monitored
as to usage.
The City Manager advised that there are certain pieces of equipment that are
proposed for elimination or transfer to the motor pool in the 2004 fiscal year budget,
and in those departments where there is an occasional use of a piece of equipment,
such specific budgets will include rental dollars because the equipment cannot be
taken away without making provision for the cost of rental. She stated that the City's
philosophy is that ifthe equipment is not needed at least 90% of the year, it should
not be retained.
The City Manager called attention to two areas of privatization under
consideration; i.e: continuation ofthe washhouse facility and whether or not it would
be less expensive to contract for City vehicles to go through a type of automated
wash, while retaining the washhouse for larger vehicles that need to be cleaned on
a daily basis, such as those used for Solid Waste Collection; and the issue of
gasoline dispensing because there is a lot of lost time in vehicles going to one or
more locations for gas. She stated that much progress has been made in Fleet
Management considering some of the challenges that the department faced, the
department has benefitted significantly from input by City staff who are challenged
to be the very best, and given more time, additional successes in Fleet Management
will be identified and presented to the Council.
There was discussion in regard to environmental issues, whether Fleet
Management has an emissions policy, and actions taken by the department to
reduce air pollution from City vehicles; and to acquire higher mileage vehicles, or
hybrid vehicles using biodiesel fuel; whereupon, Mr. Frazier advised that staff is
investigating the use of biodiesel fuel to determine the long term maintenance
effects, additional costs if any to vehicles, needed modifications to certain vehicles,
additional expenses to be incurred, and local availability of biodiesel fuel. He stated
that by using a fuel emissions tester, the fuel system and fuel emissions can be
tested to determine whether a vehicle is in compliance with OSHA standards, and
Roanoke is now 14,000 to 1 environmentally compliant, which means that the City
of Roanoke meets the standards to be certified by the State of Virginia. He added
that Fleet Management has become the lead department for environmental
concerns, particularly hazardous wastes, and will serve as a model for all other
138
City departments; and the department is also a member of the environmental
management system team. He stated that when City vehicles are replaced, staff
reviews such issues as gas mileage, annual maintenance costs, and annual down
time for repairs.
A question was raised in regard to cooperative efforts with the School system;
whereupon, Mr. Frazier advised that staff is working with school officials on an
arrangement whereby students can work in the City Garage. He referred to a recent
incident in which a City vehicle was painted and repaired by students at a cost of
$200.00 for materials, while the same improvements would have cost in the range
of $1,500.00 through a private vendor.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
SEWERS AND STORM DRAINS: The City Manager introduced a briefing on
City of Roanoke storm drains and capital projects; whereupon, Philip C. Schirmer,
City Engineer, advised that the presentation would cover three areas; i.e.: the big
picture to demonstrate how the City of Roanoke is positioned within the watersheds
that surround it, land use which is directly related to the amount of runoff from
developed properties, and options for funding.
He advised that the contributing watershed that surrounds the Roanoke area
is the Roanoke River watershed, which also goes across a number of jurisdictions
such as Botetourt County, Roanoke County, Montgomery County, Floyd County,
through the City of Salem and down through the City of Roanoke. He stated that the
City of Roanoke contains 27,000 acres, or the equivalent of 43 square miles,
approximately 33,000 - 35,000 detached residences are located within the City's
boundaries, and about 500 square miles of surrounding watersheds are the real
issue. He called attention to a number of watersheds within the City of Roanok&: the
Roanoke River (about 10% of which is within the confines of the City of Roanoke),
Tinker Creek, Peters Creek (about half is in the City) Garnand Branch which goes
through Garden City is about 85% within the City, Trout Run is the only watershed
that is 100% within the City's boundaries, and Lick Run and Murdock Creek are
about 95% within the City's boundaries. He presented slides demonstrating land
use, which is related to how much of the rainfall actually runs off in a single family
residential development, multi.family dwellings, and institutional uses including City
buildings, churches, hospitals, school land, parks, and commercial development.
,.-...........
139
He advised that there are approximately $53 million in identified City storm
drain capital project needs, ranging in value from small projects of about $5,000.00
up to $8,000,000.00, and the $53 million does not include the Roanoke River Flood
Reduction Project which is a much larger project. He further advised that storm
drain projects are geographically diverse, located throughout the City, and not
concentrated in anyone specific area or anyone watershed within the City. He
stated that there are four funding mechanisms; i.e.: long-term borrowing through
bonds which is historically how the City has paid for most of its storm drain
improvements in the past, dedicated fees or taxes, developer-related charges, and
a storm water utility. With regard to project funding, he advised that bond funding
averages about $700,000.00 a year, and a review of the past ten years of
expenditures for storm drain-type projects reveals that the City has spent $50,000.00
a year from CMERP funds, therefore, the total is approximately $750,000.00 a year
of funds expended by the City on storm drain capital projects. He explained that
with current projects scheduled and based upon historical averages, it will take the
City approximately 70 years to get through the $53 million list of storm drain
projects, which is a rolling list and as one project comes off, another project is
added to the list. He noted that Roanoke's storm drain infrastructure is aging and
nearing the end of its useful life, and not only is the City dealing with new projects,
but certain replacement projects as well; recently, the City submitted an application
for a storm water quality permit, and water quality regulations will most likely
increase the City's funding needs in the area of storm drains.
Mr. Schirmer reviewed enabling legislation in the Commonwealth of Virginia
that provides a method for funding projects in a municipally-owned storm water
system, which can be considered a utility because basically every property in the
City of Roanoke generates water runoff, every developed property contributes to the
problem, and a measurable service is being provided to citizens through capital
projects, therefore, the locality is providing a direct service that can be charged for.
He stated that the fees would reduce the reliance on General Funds, offer an
opportunity to provide additional services, all persons would share in the cost since
all properties generate water runoff, and there is a limitation that funds generated
from a storm water utility can only be used for land acquisition for capital projects
relating to storm drains, administration of storm water programs such as the NPDES
program, engineering, construction, debt retirement costs, cost of administration,
and facility operation and maintenance costs.
Question was raised as to whether the storm water utility would be a separate
function from the regional water authority; whereupon, the City Manager advised
that during discussions with Roanoke County, it was been stated that long term, it
would be in the best interest of the region for storm water to be a part of the regional
authority, but including storm water issues in water and sewer authority discussions
at this time would cause a delay, therefore, it would be better for the wate, and
sewer authority to be established, followed by consideration of inclusion of storm
water at a later date.
140
The City Engineer advised that there are certain typical steps that must be
followed to develop a storm water utility; i.e.: development of a strategy and a
feasibility study as to how much of the City's capital debt storm drain projects
should be retired and a proposed time frame, development of a rate structure that
would support such expenditures, adoption of an ordinance implementing a billing
procedure, and ultimately providing the services to Roanoke's citizens.
Mr. Schirmer reviewed examples of how various properties would be charged
for the storm drain utility, using an average private residence, an average size
condominium complex, and a shopping center in the City of Roanoke.
It was noted that all citizens will pay the storm water user fee, based on the
amount of impervious surface; and under the category of institutional uses, all
properties, regardless of their taxable status for real estate purposes, will be
required to pay a storm water utility fee, if enacted by the locality. For example: tax
exempt non-profits, churches and other types of institutions would be assessed
based upon the amount of impervious surface.
The City Engineer reviewed storm water utility fees enacted by other localities
in the Commonwealth of Virginia, the City of Norfolk being the highest at $5.47 and
Prince William County the lowest at $1.73; and most localities have clustered around
the middle at approximately $3.00 for an equivalent residential unit, based upon
about 2,000 square feet of impervious area. He advised that the City of Roanoke
proposes to prepare a detailed study to determine the size of the average residential
unit, however, if the City were to implement a $3.00 per month equivalent residantial
rate, taking into consideration 33,000 units, residential property owners would pay
about 31 % of the total, approximately 1100 units in multi.family housing would pay
about 40%, commercial properties would pay the bulk of the fee or about 50%, and
approximately two-thirds of the fee would be paid by institutional users. He stated
that based on a $3.00 per month assessment, $3.8 million a year in potential revenue
could be applied to capital projects.
Mr. Schimer explained that the next steps will involve a feasibility study to
review Roanoke's properties in detail, by literally reviewing every residence in the
City of Roanoke to determine the average impervious area of the residential unit; a
review in detail of each commercial property to determine a rate structure; a detailed
forecast in terms of revenue; a review of commercial assessments, billing
procedures, and implementation of the system, all of which will involve a
considerable amount oftime. He stated that another component is a detailed capital
project implementation strategy by refining the current list of capital projects to
develop a document much like a capital improvement program by listing specific
projects, specific costs, costs of administering projects, and costs of engineering
and land acquisition, etc.
141
Council Member Bestpitch suggested that priorities and time frames be added
to the list, because it would appear that a 70 year time frame could be cut down to
somewhere in the range of 15 years or less.
The City Manager advised that she would recommend that concentration of
funds go into capital, given the current list of outstanding projects, although some
localities use a portion of the funds for ongoing maintenance as well as capital
expenses; and facilities must be maintained, therefore, it is necessary to ensure that
citizens understand that the operating budget of the City of Roanoke will have to
increase in terms of the maintenance function, which is a policy decision for the
Council as to whether the utility fee itself will be responsible for ongoing
maintenance of facilities, as well as capital construction of facilities.
Council Member Wyatt questioned the impact on economic development in
the City of Roanoke if a storm water utility fee is enacted which could provide a
disincentive for businesses to locate in the Roanoke area; whereupon, the City
Manager advised that the question is, does the City of Roanoke want to address the
problem in an aggressive way and, if so, what is the vehicle to be used. She stated
that the real estate tax could be one means, or City staff could be directed to cut
their operating budget by ten per cent, or a utility tax could be imposed. She added
that it is important to think about the price in terms of economic development if
storm drain projects are not completed, because if potential businesses visit the
community and see standing water, or neighborhoods that are negatively impacted
because of water issues, or there is standing water around businesses, that c;ould
also be a disincentive to locate in the area, therefore, it is a delicate balance that the
City must strive for.
The City Manager advised that the question before Council is whether or not
Council would like for City staff to spend the amount of time that will be necessary
to provide the level of detail that would be needed for the Council to make an
informed decision on enacting a storm water utility fee.
The Mayor requested additional information with regard to the list of storm
drain projects, how long the projects have been pending, and areas of the City that
will be affected.
Ms. Wyatt requested information on the cost of a study.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
142
DEBT POLlCY.DIRECTOR OF FINANCE.BONDS: The Director of Finance
presented a briefing on debt policy for the City of Roanoke. He advised that one of
the keys to sound financial management is the development of a debt policy, which
is recognized by bond rating agencies and development of a debt policy is a
recommended practice by the Government Finance Officers Association. He
explained that a debt policy establishes the parameters for issuing debt and
managing the debt portfolio; it provides guidance to the administration regarding
purposes for which debt may be issued, types and amounts of permissible debt and
method of sale that may be used; the debt policy is intended to demonstrate a
commitment to long.term financial planning and will be used in conjunction with the
Capital Improvements Programs for both the City and the School Board; and
adherence to the debt policy will help assure protection of the City's double.A bond
rating credit quality.
(For full text, see Guidelines for Debt Issuance on file in the City Clerk's Office.)
At 12:05 p.m., the Mayor declared the meeting in recess.
At 2:00 p.m., on Monday, April 7, 2003, the Council meeting reconvened in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William H. Carder, M. Rupert Cutler, Alfred T.
Dowe Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K.
l)rnitl1.....--------......--------......--------.......--------......--------.....---------.....--------........---7.
ABS E NT: None----....----------.....---------....----------....---------.....---------....-------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
.'-..'-"",
143
HOSPITALS-SISTER CITIES: The Mayor welcomed Hye-Ryeon Hong, Medical
Records Specialist, and Hyun.Sook Jung, Registered Nurse, from Wonju, Korea,
Roanoke's Sister City, who were visiting the Roanoke Valley to observe operations
at Lewis-Gale Medical Center and the Pediatric Department at Community Hospital.
The Mayor presented each guest with a crystal star.
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of April, 2003, as Scottish American History and Heritage Month.
PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a
proclamation declaring the month of April, 2003, as Fair Housing Month.
PROCLAMATIONS-BUILDINGS/BUILDING DEPARTMENT: The Mayor
presented a proclamation declaring April 6 -12, 2003, as Building Safety Week.
PROCLAMATIONS-YOUTH: The Mayor presented a proclamation declaring
April 6 -12, 2003, as Boys and Girls Club Week.
PROCLAMATIONS-COMMUNICATIONS DEPARTMENT: The Mayor presented
a proclamation declaring April 13 - 19, 2003, as National Public Safety
Telecommunicator's Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
February 3, 2003, and recessed until Tuesday, February 4, 2003; and Tuesday,
February 18, 2003, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
144
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and
Mayor Smith......-------------------..-....................-._____________________..._.._......_..___c.c.___7.
NAYS: None-..........-.-.---.--------------.-.-..-...---------------------- O.
SEWERS AND STORM DRAINS-EASEMENTS: A communication from the City
Manager requesting that Council schedule a public hearing for Monday, April 21,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
vacation of a sanitary sewer easement across property located on Hidden Oak Road,
S. W., identified as Official Tax Nos. 5050220 . 5050222, inclusive, was before the
body.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith ----------......----------.-.....------------..... __.____________0_..7.
NAYS: None---------------....---------------..-.----------------..---------------.-.-------0.
Y.M.C.A.-CITY PROPERTY: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, April 21 ,2003, at 7:00
p.m., or as soon thereafter as the matter may be heard, with regard to conveyance
of City-owned property located at 540 Church Avenue, S. W., identified as Official
Tax No. 1113414, to the YMCA of Roanoke Valley, Inc., upon certain terms and
conditions, was before the body.
The City Manager advised that the YMCA has expressed an interest in
acquiring the property on which the Jefferson Gym is located; the YMCA is in need
of a new facility to accommodate its expanding number of programs; according to
a draft agreement, the City of Roanoke may transfer title to the YMCA with certain
conditions; if the YMCA obtains the Jefferson Gym, the YMCA will make available
some of its resources, including various fitness and safety programs to City youth;
and the exchange will support the recently developed Roanoke Youth Initiative
Program.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
,,_.~.....~
145
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Smith ------------------------------------------------------------------.-..-............~.... 7.
NA"l): NClItEt------------------------------.--.........-.-.--------------------------------------------ll.
COMMITTEES-ROANOKE ARTS COMMISSION: A communication from
Robert L. Humphreys tendering his resignation as a member of the Roanoke Arts
Commission, was before the body.
Mr. Cutler moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded Mr. Dowe and adopted by the
following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith .......---------------------------------------.-..........------------------------------------....-. 7.
... NAYS: None---------------------------------........-------------------------------.---........----0.
OATHS OF OFFICE.COMMITTEES-HOUSING/AUTHORITY -COMMUNITY
PLANNING-HOTEL ROANOKE CONFERENCE CENTER: The following reports of
qualification were before Council:
Gilbert E. Butler, Jr., as a member of the City Planning
Commission, for a term ending December 31, 2006;
D. Kent Chrisman as a member of the City Planning
Commission, for a term ending December 31,2006;
Henry Scholz as a member of the City Planning
Commission, for a term ending December 31, 2006;
Sherman V. Burroughs as a member of the Fair Housing
Board, for a term ending March 31, 2006; and
William White, Sr., as a member of the Hotel Roanoke
Conference Center Commission, for a term ending
April 8,2007.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
146
AYES: Council Members: Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and
Mayor Sm ith ..-------------.....----------------........------------......--------------......---------7.
NA)rl): NClI1El--------....--------------..........-------------....--------------......---------------0.
REGULAR AGENDA
SCHOOLS: It was the consensus of Council that the following persons will be
accorded the public interview for the position of Trustee, Roanoke City School
Board, on Thursday, April 24, 2003, at 4:30 p.m.:
Dennis M. Binns
F. B. Webster Day
Tiffany M. Johnson
Gloria P. Manns
Kathy G. Stockburger
David B. Trinkle
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
TAXES-HOUSING/AUTHORITY-HABITAT FOR HUMANITY: David Camper,
President of the Board, Habitat for Humanity, advised that Habitat has enjoyed its
partnership with the City of Roanoke over many years; whereupon, he presented a
ceremonial check demonstrating that Habitat for Humanity has paid $66,000.00 in
property taxes and $27,000.00 in building permit fees to the City of Roanoke.
He introduced Tom Dalzell, Member of the Board, to present a briefing on
house designs.
Mr. Dalzell advised thatthe City of Roanoke recently enacted housing designs
for use in the neighborhood design districts, and Habitat for Humanity has worked
with the City to establish design standards. He presented an illustration of a two
bedroom house which has four different variances in that the eaves can go right to
left, Clr front to back, floor plans can be flipped, the structure has approximately 928
square feet, a living room, two bedrooms with walk-in closets, kitchen and dining
room with stove, refrigerator and double sink, one full bathroom, laundry room with
a washer and dryer, a gas furnace with air conditioning or a heat pump, gas or
electric water heater, a 14' wide x 6' deep front porch, and a rear stoop; and outside
amenities will include a detached 8' x 8' storage building, concrete sidewalk, and a
gravel driveway. He presented a drawing of a three bedroom house of about 1,148
'"-,~......
147
square feet with living room, foyer, three bedrooms with walk-in closets, kitchen and
dining room with stove, refrigerator and double sink, one and one-half bathrooms,
laundry room with a washer and dryer, a utility storage room, a gas furnace with air
conditioning or a heat pump, gas or electric water heater, the front porch on a three
or four bedroom house is 22' wide x 6' deep, a rear stoop, and an 8' x 8' outside
storage building, a concrete sidewalk, and a gravel driveway. He advised that
although no two story houses have been constructed, two plans are available, and
presented a drawing for a two-story, three bedroom house with approximately 1,142
square feet, living and dining room, kitchen with stove, refrigerator and double sink,
a pantry, a half bathroom on the downstairs level, laundry room with washer and
dryer, a gas furnace or heat pump, gas or electric water heater, a front porch of 20'
wide x 8' deep, and a 10' wide x 8' deep rear porch; the second floor contains three
bedrooms, a full bathroom, an extra sink off the master bathroom, and a loft area,
an 8' x 8' outside covered storage building, concrete sidewalk and gravel driveway.
He presented a drawing of a two story house with living space of about 1,190 square
feet, with a living room and dining room, kitchen with appliances, pantry, a half
bathroom downstairs, three bedrooms on the second floor with walk in closets, a full
bathroom, a laundry room with washer and dryer, an outside 8' x 8' storage shed,
concrete sidewalk and gravel driveway. He noted that the first house using the new
design is being constructed on Aspen Street, N. W., which will be a four bedroom
structure.
Ms. Beverly Shumar, a soon to be Habitat for Humanity homeowner, advised
that Habitat has given her a chance to own something besides her vehicle. She
stated that she has watched family after family and generation after generation move
into Section 8 subsidized housing because that was all they could afford, and
because of Habitat for Humanity they have learned how to work out finances and
how to work together, leading to a life of self-sufficiency. She stated that she looks
forward to moving into her new home, it gives her peace of mind to know that the
house will belong to her, and Habitat for Humanity has made safe living affordable
for her.
YOUTH: Ms. Denesha Johnson, Team Leader, advised that she is a resident
of the City of Roanoke and a senior at William Fleming High School, and expressed
appreciation forthe opportunity to present information with regard to National Youth
Services Day, which will be held on Saturday, April 12, 2003, at the Roanoke Higher
Education Center, at 9:00 a.m. She invited Council Members to attend activities on
April 12 and to join in volunteer projects between 10:00 a.m. and 2:00 p.m., to clean
up Loudon Park, to paint a mural, to plant a garden at McCray Court, to organize
thousands of donations through the "We Care Drive", to clean trains at the Virginia
Museum of Transportation, clean up projects at Huff Lane Micro Village and Patrick
Henry High School, and to work with children at the Literacy Festival. She stated
that participation in National Youth Services Day will provide an opportunity to show
Roanoke's youth how much Council believes in them.
148
Marion Vaughn-Howard, Youth Coordinator for the City of Roanoke,
introduced members of the Boys and Girls Club who will participate in Youth
Services Day by working at Huff Lane Micro Village.
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public
Schools, presented a briefing on Career and Technical Education for the 21st
Century in the City of Roanoke.
He advised that efforts are being made in Roanoke City Public Schools to
educate students to thrive in a changing economy; the United States economy is
changing rapidly in ways that will have disastrous consequences for workers who
lack skills that are now necessary for many good jobs; and Roanoke City Schools
is committed to making certain that Roanoke City students acquire those skills and
graduate from Roanoke's high schools prepared for success.
Dr. Harris advised that when visiting Roanoke's schools, one will see a
number of programs that resemble vocational programs; as the programs have
changed and expanded to meet the workforce needs of the 21 st century, the names
have changed from vocational education to business and technical education and
from business and technical education to career and technical education; in addition
to teaching the skills required in each career program, focus is placed on
mathematics, reading, writing and communication skills; students must also be able
to solve problems, work effectively with diverse groups and use computers; and the
school system works closely with employers and organizations such as the Virginia
Employment Commission to help the school system set the right course for its
students, now and in the future.
Superintendent Harris presented an overview of the scope of Career and
Technical course offerings:
Business offerings grow more complex each year as Roanoke's
schools respond to the work needs of the community; and students
become highly skilled in the operation of computers and peripheral
equipment as they work with information systems and accounting.
In the area of Family and Consumer Sciences, students learn the
techniques of working with young children.
Since Roanoke is a major health care center, the Health Care Assistant
Program is designed to prepare students for successful entry into this
field.
149
Increasingly, Roanoke is becoming a global community with its
economy closely intertwined with the rest of the world; and marketing
programs are designed to provide students with training that will allow
them to compete in the world marketplace.
Technology has forced rethinking ofthe curriculum to include a variety
of courses that focus on engineering and innovative applications of
technology.
Roanoke's trades and industrial courses, such as welding and
automotive technician, allow students to work with industry standard
equipment; and these courses sound like the old vocational courses
but they, too, have been redesigned to reflect new technology.
Dr. Harris advised that the School system is excited about three new courses:
Sports, Entertainment and Recreation marketing which allows students
to develop skills in marketing analysis, event marketing,
communication and human relations; and the program began this year
at Patrick Henry High School and will be offered next year at William
Fleming.
Virtual Enterprise is designed to develop entrepreneurship; beginning
next year, students will be involved in web-based business; the
program enables students to experience all of the facets of being an
employee of a firm ranging from human resources, accounting, product
development, to production, distribution, marketing and sales.
A Criminal Justice course will be offered next year for students to have
an opportunity to gain experience and knowledge in law enforcement,
corrections and the court system.
It was noted that more students opt to participate in Career and Technical
Education courses each year; there has been growth over the past three years and
it is projected that student numbers will increase this year; Career and Technical
Education courses available to students for college credit include ten courses that
may be taken for college credit, which range from welding to international
marketing; and benefits of earning college credit while in high school include a
"jump start" in college, introduces students to college level work, and financial
savings; many students are engaged in on-the-job training programs; in 2000-01 and
2001-02, students earned over half a million dollars, which amount will again
increase this year.
150
Dr. Harris advised that Advanced Auto, First Union, Lewis.Gale Hospital and
many other area employers train Roanoke students and pay them as they learn;
certain fields offer industry certification which says to employers, nationwide. that
the student possesses the specialized skills that meet industry specifications; many
times, certification counts toward graduation and counts for the Standards of
Learning tests; and certification spans the field, from FAA Pilot's licensure to
Microsoft Office Specialist.
It was explained that an objective of the Career and Technical Program is to
connect students with employers; one of the best ways to do so is at the annual Job
Fair which will be held on Tuesday, April 8, 2003, at the Roanoke Civic Center,
where 65 .70 employers will participate, typically 100 students attend, and last year,
38 students were offered jobs.
In summary, Dr. Harris advised that enrollment has increased, college credit
courses have been expanded, industry certification programs are added each year
and students develop a relationship with employers. He stated that Career and
Technical Education impacts the learning and earning potential of Roanoke City
students; and goals of the program are to provide students with 21st century
workplace skills, to enhance the career and earning potential of students, and to
partner with businesses in the region to impact economic development.
Council Member Cutler advised that at its 9:00 a.m. work session, Council
received a briefing by the City's Fleet Manager who stated that auto body shop
students have repaired City vehicles, leading to considerable cost savings for the
City of Roanoke, and benefits for both the City and the students. He inquired as to
the future of the Blue Ridge Technical Academy; whereupon, Dr. Harris advised that
the facility has a bright future, the facility has not attracted the number of students
that were initially envisioned, it was intended to be a regional facility with an
enrollment in excess of 200 students by the third year, however, 40 students are
currently enrolled, the majority of which are Roanoke City students; and although
some adjustments have been made, the program is still alive and well, and there is
a commitment to continue the philosophy of the program and to expose young
people to the five job force areas that the program was intended to address.
AIRPORT .BUDGET: A communication from Jacqueline L Shuck, Executive
Director, Roanoke Regional Airport Commission, advising that in accordance with
requirements of the Roanoke Regional Airport Commission Contract dated
January 28, 1987, as amended, the Roanoke Regional Airport Commission is
submitting its Fiscal Year 2003-04 Operating Budget for approval, which budget was
adopted by the Airport Commission at its meeting on March 12, 2003; and the
Commission is also submitting a separate list of Capital Expenditures which are
expected to exceed $100,000.00 in cost and are intended to benefit five or more
future accounting periods, was before Council.
._..~..""-
151
Mr. Carder offered the following resolution:
(#36270-040703) A RESOLUTION approving the Roanoke Regional Airport
Commission's 2003-2004 proposed operating and capital budget, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 178.)
Mr. Carder moved the adoption of Resolution No. 36270-040703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith -----....--------------....-------------..--------------...-------------.....-------------..------7.
NA"l): NClnEl.....-----------......------------.......-----------....--------------...---------------.0.
REPORTS OF OFFICERS:
. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET -FDETC.ENTERPRISE ZONE-FIRST UNION NATIONAL BANK: The City
Manager submitted a communication advising that the City of Roanoke, First Union
and the Fifth District Employment and Training Consortium (FDETC) agreed that if
First Union would maintain 420 jobs in Enterprise Zone One, training funds would
be available; the agreement provides that First Union is responsible for repaying
$400.00 for each position below 420; a compliance review noted that only 342 First
Union employees are now located in Enterprise Zone One, therefore, the City
recently received a check from First Union in the amount of $31 ,200.00 representing
repayment for 78 positions.
The City Manager recommended that Council appropriate $31,200.00 of I:irst
Union repayment funds to the Enterprise Zone Training Incentive Fund, Account No.
008-310-9630, to further the goals of the Enterprise Zone program; and establish a
revenue estimate of $31,200.00 in the "First Union Job Grant Repayment" revenue
account.
Mr. Cutler offered the following ordinance:
.....----
152
(#36271-040703) AN ORDINANCE to amend and reordain certain sections of
the 2002.2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 179.)
Mr. Cutler moved the adoption of Ordinance No. 36271-040703. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith .------------.....--------------.......-------------....---------------....----------------...7.
NA"l): N()nEl------.-..------------------.....---------------...-----------------...-.--------------.-0.
The City Manager was requested to provide a brief description of how the
funds will be used; whereupon, she advised that no specific use has been identified,
however, funds could be used as an incentive to a subsequent business that might
be interested in receiving training incentive funds.
BUDGET-FIRE DEPARTMENT .LANDMARKS/HISTORIC PRESERVATION: The
City Manager submitted a communication in connection with restoration of the Fire
Station No. 1 bell tower roof, cornice, entablature, and tower brackets, which is
located at 13 East Church Avenue in downtown Roanoke; and the Consulting Team
of Don Harwood, an architect with Hill Studio, and Mark Clark of Southwest
Restoration, a restoration specialist of historic structures, provided the City with a
report outlining deficiencies in the bell tower.
It was further advised that funding for the project is available in Fixed Asset
Maintenance, Account No. 001-440-4330-3057, in the amount of $25,000.00 and
Maintenance CMERP, Account No. 001-440-4330.9132, in the amount of $20,465.00;
additional funding would be required to accomplish all of the recommended work
in one phase and total funding in the amount of $169,965.00 is needed; additional
funding is available in the General Fund Reserve, Account No. 001-300.9410-2197,
in the amount of $124,500.00; and included in project costs are design services
provided by an architectural/engineering consultant, renovation services provided
by a contractor, and miscellaneous project expenses including advertising, printing,
testing services, and unforeseen project conditions.
The City Manager recommended authorization to transfer$124,500.00 from the
General Fund Reserve Account to Maintenance CMERP, Account No. 001-440-4330-
9132.
.~_..~.....~ ,
153
Mr. Carder offered the following ordinance:
(#36272-040703) AN ORDINANCE to amend and reordain certain sections ofthe
2002-2003 General Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 180.)
Mr. Carder moved the adoption of Ordinance No. 36272-040703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith ---------.-.....-------------------------------------...------------------------------------------7.
NA"!): NClnEl-----------------..-.............----------------------------...........------------------0.
BUDGET .BRIDGES: The City Managersubmitted a communication advising that
Council recently approved one.way vehicular and pedestrian concept design for
renovation of the First Street Bridge, at an estimated cost of $2,390,100.00, and
partial funding in the amount of $750,000.00 has been appropriated; the City is
negotiating with Norfolk Southern Railway to pay $275,000.00 as the cost for
removal of its signals from the bridge; and additional funding in the amount of
$1,365,100.00 needed for bridge renovation is available in the General Fund Reserve
Account.
The City Manager recommended that Council transfer $1,365,100.00 from
General Fund Reserve, Account No. 001-300-9410.2197, to First Street Bridge,
Account No. 008-052-9574.
. Mr. Dowe offered the following ordinance:
(#36273-040703) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General and Capital Projects Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 181.)
Mr. Dowe moved the adoption of Ordinance No. 36273-040703. The motion was
seconded by Mr. Cutler and adopted by the following vote:
~.~-_...,
154
AYES: Council Members Carder, Cutler, Dowe, Harris, and Bestpitch----...-..5.
NAYS: Council MemberWyattand Mayor Smith ..-..---------......-.--------.....------2.
PURCHASE/SALE OF PROPERTY.FIRE DEPARTMENT: The City Manager
submitted a communication advising that funding has been approved by Council for
development of a new fire station/fire administration headquarters building which
will also combine current Fire Stations Nos. 1 and 3; several sites with proximity to
the downtown area were considered as possible locations, with one site being
selected that best meets the needs for the new facility; and one parcel, identified as
Official Tax No. 1020310, at the corner of Elm Avenue and Franklin Road, S. W.,
needs to be acquired for the project.
It was further advised that authorization by Council is necessary in order to
move forward with procurement of title work and document preparation related to
acquisition of the necessary property rights; and funding of $145,000.00 for the
purchase price, plus approximately $5,000.00 for related expenses, is available in
Capital Project Account No. 008.530.9678.9050, Fire/EMS Facility Improvement
Program.
The City Manager recommended that she be authorized to acquire all property
rights as stated above, subject to an acceptable title report; and said property rights
may be acquired by negotiation and may include fee simple, permanent easements,
temporary construction easements, rights-of.way, licenses or permits, etc.
Mr. Carder offered the following ordinance:
(#36274-040703) AN ORDINANCE providing for the acquisition of certain
property needed by the City for the development of a new fire station and fire
administration headquarters building; setting a limit on the consideration to be
offered by the City; and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 97, page 182.)
Mr. Carder moved the adoption of Ordinance No. 36274-040703. The motion
was seconded by Mr. Dowe.
.,-,~......'~
155
Council Member Bestpitch advised that he intended to support the ordinance;
however, he previously questioned whether the plans include construction of over
night sleeping quarters for firefighters on the same floor level that equipment will be
stored. The City Manager responded that housing will be located on the second
floor and administrative activities will be housed on an upper floor.
Mr. Bestpitch stated that he was of the impression that the City decided some
time ago that new fire stations would be constructed with sleeping quarters and
equipment on the same level to prevent accidents in the middle of the night when
calls come in, and requested that the City Manager review the matter. He referred
to a previous suggestion to eliminate the eastern most lane on Franklin Road,
thereby enabling lanes to be shifted over, and extra land along the edge of the
property would be available to accommodate design of a building that would allow
sleeping quarters for staff to be located on the same level as equipment.
The City Manager advised that she was unfamiliar with a plan to locate sleeping
quarters and equipment on the same level; fire stations constructed throughout the
State of Virginia in the last several years continue to use the second floor for living
quarters in order to keep activities separate, because there are times when certain
pieces of equipment and staff are sent out, while others are given the opportunity
to remain at rest, however, she would discuss the matter with the Fire Chief. With
regard to the Franklin Road issue, she stated that the City is discussing the matter
with the Virginia Department of Transportation, there will be a need to shorten a
median in order to create an appropriate turning radius for fire apparatus entering
Franklin Road, and the first step is to acquire the necessary land which could modify
the way that the City is looking at the entire project.
Ordinance No. 36274.040703 was adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Bestpitch, and
Mayor S m ith------...-----------...----------....--------__..._--------.....---------...------------.---------6.
NAYS: Cou nci I Mem ber Wyatt.-----------...------------.------------..-------------.-------------1.
INSURANCE-CITY EMPLOYEES: The City Manager submitted a communication
advising that the Health Insurance Portability and Accountability Act of 1996
("HIPAA"), as amended, requires the City, as a sponsor of its health care plan, dental
plan, and flexible spending account plan, to enter into Business Associate
Agreements with companies that receive health information; HIPAA also requires
the City to amend its plans with regard to HIPAA privacy requirements; compliance
with HIPAA is required by April 15, 2003; and no additional costs will be incurred as
a result of the Business Associate Agreements, or amendments to the pians;
however, contracts to administer the plans and the Business Associate Agreements
contain standard mutual indemnity provisions.
. "--'"
156
The City Manager recommended that she be authorized to execute Business
Associate Agreements with Anthem Health Plans of Virginia, Palmer & Cay
Consulting Group, Ceridian Corporation, Delta Dental and Ceridian Corporation, and
to amend the health care plan, dental plan and flexible spending account plans to
include the HIPAA privacy requirements, such agreements and amendments to be
approved as to form by the City Attorney.
Mr. Dowe offered the following resolution:
(#36275-040703) A RESOLUTION authorizing the City Manager to enter into a
Business Associate Agreement with Anthem Health Plans of Virginia, Palmer & Cay
Consulting Group, Ceridian Corporation, Delta Dental and to amend the health care
plan, dental plan and flexible spending account plans to include the HIPAA privacy
requirements.
(For full text of Resolution, see Resolution Book No. 97, page 183.)
Mr. Dowe moved the adoption of Resolution No. 36275-040703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith -......------------.....-------------.-..--------.....---------------....------------..-.. 7.
NAYS: None......----------......------
......----------..-.-----------.....-0.
PURCHASE/SALE OF PROPERTY.BUDGET.WATER RESOURCES: The City
Manager submitted a communication advising that as part of the City's drought
response from last summer, various locations were identified as possible drinking
water well sites to increase the City's water supply; the Utility Department has
sought the development and implementation of seven high-yielding wells that exist
primarily on City property; and although the water emergency is currently over,
these water supply projects are at various stages of completion.
It was further advised that to date, the Utility Department has expended, or
committed capital costs and services, in the amount of $427,302.00 in connection
with a contract with Golder Associates Inc., for well site exploration, testing, drilling
and development; and a contract change order in the amount of $369,835.00 Is
required to complete the work which, in addition to the well construction, includes
a preliminary design report for a well water softening system.
._,~......*,
157
It was explained that an option agreement to purchase a portion of the
property located at 1905 Riverdale Road, S. E., from a private individual to be used
as a well site has been agreed to by the landowner, at an option cost of $2,000.00,
which will be applied to the purchase price of $20,000.00 if the City elects to
purchase the property; purchase of the site will occur only if a well can be
successfully completed at the site; and the City is responsible for closing the test
well and restoring the site if the option agreement is not exercised.
It was noted that funding has previously been approved and is available in
Capital Account No. 002.530-8408-9003; with the recent water rate increase,
additional revenue in the amount of $300,000.00 may be estimated for fiscal year
2003; certain professional consulting services, such as rate studies and appraisals,
will be needed to assist in creation of the regional water and wastewater authority;
and the additional revenue is recommended for appropriation for such purposes.
The City Manager recommended that she be authorized to execute a change
order, in the amount of $369,835.00, to the existing contract with Golder Associates,
Inc., to provide consulting and well drilling services, and to provide consulting
services for a preliminary engineering report for a well water softening system; to
execute an option agreement to purchase the above described well site property,
and subsequent documents to purchase such property, if such option is exercised;
and to take such further action and to execute such further documents as may be
necessary to implement and administer the above described work and, if
appropriate, any other necessary documents to acquire the above described well
site property; that Council increase revenue estimates for fiscal year 2003 by
$300,000.00, as follows: (1) Commercial $113,743.00, (2) Industrial $14,645.00,
(3) Domestic $171,612.00; and that Council appropriate $100,000.00 to Capital
Account No. 002.530-8408-9003, Well Construction and $200,000.00 for consulting
services, to assist with creation of the regional water and sewer authority, to an
account to be established by the Director of Finance in the Water Fund.
Mr. Cutler offered the following ordinance:
(#36276-040703) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Water Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 184.)
Mr. Cutler moved the adoption of Ordinance No. 36276-040703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
158
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and
ftnlllfClrl)rnitl1......-------......--------........-.-----.......-------......-------........--------......-------7.
NAYS: None.....--------.....--------.-....------.-.----------....-------.....---------...0.
Mr. Carder offered the following ordinance:
(#36277.040703) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No.2 to the City's contract with Golder Associates, Inc., for ground
water exploration investigation and work in connection with developing more
additional sources of water to increase the City's water supply; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 185.)
Mr. Carder moved the adoption of Ordinance No. 36277-040703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and
Mayor Sm ith ----.......-------......-------.......--------.....--------.....---------....---------....-------7.
NAYS: None.-----
._______....________...._______....._________...________--.0.
Mr. Bestpitch offered the following ordinance:
(#36278-040703) AN ORDINANCE authorizing the execution of an option
agreement for the acquisition of certain property located at 1905 Riverdale Road,
S. E., and subsequent legal documents to purchase the property upon the exercise
of such option, upon certain terms and conditions, and dispensing with the second
reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 97, page 186.)
Mr. Bestpitch moved the adoption of Ordinance No. 36278-040703. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch,
and Mayor Smith .--------..--------.-----------.---------..--------.---------.---------..-------....----.... 7.
NAYS: None------..------...------......------.....---.....----....-----...-----....--------...--0.
CITY ATTORNEY:
._,_.~
159
DIRECTOR OF FINANCE-CITY CODE-REAL ESTATE VALUATION.CITY
EMPLOYEES: The City Attorney submitted a written report advising that during
Council's meeting on March 3, 2003, he was requested to prepare the necessary
ordinance to amend the City Code to provide that the Director of Real E:.tate
Valuation be appointed by and report to the Director of Finance, rather than being
appointed by and reporting directly to City Council, effective August 1, 2003;
whereupon, he transmitted the measure for Council's consideration.
Mr. Cutler offered the following ordinance:
(#36279-040703) AN ORDINANCE amending and reordaining ~32-37,
ADDointment and term, and ~32-37.1 General Dowers and assistants, of Chapter 32,
Taxation, Code of the City of Roanoke (1979), as amended, in order to change the
method of appointment of the Director of Real Estate Valuation, placing the Office
of Real Estate Valuation under the control of the Director of Finance; providing for
an effective date; and dispenSing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 187.)
Mr. Cutler moved the adoption of Ordinance No. 36279-040703. The m~tion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith --.----------------...---------------...--------------...------------....--------------...---------7.
NAYS: N one-...------------------.-----------------.----------------.---------------------------------0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
February 2003.
There being no questions, and without objection by Council, the Mayor
advised that the Financial Report for February 2003 would be received and filed.
DEBT POLICY: The Director of Finance submitted a written report advising
that a debt policy is one component of sound financial management of a local
government; the importance of a debt policy is recognized by bond rating agencies,
and development of a debt policy is a recommended practice by the Government
Finance Officers Association; a debt policy establishes the parameters for issuing
debt and managing debt portfolio, it provides guidance regarding purposes for
which debt may be issued, types and amounts of permissible debt and method of
sale that may be used; and City Council originally adopted the City's debt policy in
September 1999.
."_O-._~
160
It was further advised that at the annual Financial Planning Session, a
commitment was made to review the City's Debt Policy and to bring forth any
recommended changes to the policy; after coordination with the City's financial
advisor and analysts at the municipal bond rating agencies, several enhancements
and revisions have been made to the City's debt policy, as follows:
Added guidance concerning investment
policy for proceeds from bond issuance,
such guidance is similar to that typically
recommended for municipal investment.
Removed the self-imposed target of net debt
per capita of $2,000.00; few comparative
cities within the First Cities Coalition utilized
this target; and addition of the self-imposed
target of principal redemption within a ten
year period equal to 50 per cent, or more, of
aggregate outstanding principal.
Added language to clarify occasions when
the City may issue debt through a method
other than competitive sale; added guidance
concerning the savings which should be
targeted in order to justify an advance
refunding of debt.
The Director of Finance explained that changes and enhancements are
important in allowing the City to continue to demonstrate a commitment to long-term
financial planning; and the debt policy will continue to be used in conjunction with
the Capital Improvement Programs for both the City and the School Board; and
adherence to the policy will help to assure protection of the City's double-A bond
rating credit quality into the future.
The Director of Finance recommended that Council adopt a measure
amending the City's Debt Policy as above described.
Mr. Bestpitch offered the following resolution:
'."_.._.w
161
(#36280.040703) A RESOLUTION approving and adopting a Debt Policy for the
City of Roanoke.
(For full text of Resolution, see Resolution Book No. 97, page 188.)
Mr. Bestpitch moved the adoption of Resolution No. 36280-040703. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Carder, Cutler, Dowe, Harris, Wyatt, Bestpitch, and
Mayor Sm ith--------------------..........---------------------.......----------------------.........----------7 .
NA"l): NClI1El--------------.......---------------------........---------------------........------------().
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
STATE HIGHWAYS-SIGNS/BILLBOARDS/AWNINGS: Council Member Dowe
referred to increased traffic, supposedly due to increased residential and business
activity in the Colonial Avenue area, and advised that during peak times of traffic,
many drivers who are familiar with the Colonial Avenue Exit on 1-581 begin to exit on
the shoulder of the road. However, he expressed concern for those drivers who are
not familiar with the road and may by-pass the exit; whereupon, he requestec that
the City Manager investigate the matter to determine if appropriate signage could be
installed to alert motorists to begin to exit at a certain point prior to the actual off
ramp at the 1.581 Colonial Avenue Exit.
ACTS OF ACKNOWLEDGMENT-UTILITIES-WATER RESOURCES: Council
Member Cutler commended the City's Director of Utilities, Mike McEvoy, upon
receipt of the 2002 Construction Management Achievement Award from the National
Capital Chapter of the Construction Management Association of America for
management of the City's new Crystal Spring Filter Plant.
'_.~---'
162
CITY COUNCIL.TREES: Council Member Cutler advised that the City's new
Urban Forestry Plan will be included on the April 21, 2003 City Council agenda for
consideration, which calls for aggressive reforestation in the City of Roanoke.
HOCKEY.SPORTS ACTIVITIES: Council Member Wyatt commended the
Roanoke Express hockey team which is now in the playoffs. She advised that the
next game will be held on April 8, and ifthe Roanoke Express is successful, the team
will proceed to the second round of playoffs.
COUNCIL: Mayor Smith advised that those persons who regularly attend City
Council meetings are familiar with the process enacted by Council to address
certain issues; the time allotted for persons to speak, depending on the number of
persons who have signed up to speak on anyone issue; and efforts are made to
treat all persons equally. He called attention to a recent incident when a speaker
targeted a certain Member of Council; whereupon, he noted that Council should be
addressed as a whole and in a constructive manner. He encouraged all persons to
think about what is being said and presented to the citizens of Roanoke, because
their statements are a reflection of what Roanoke is as a City. He advised that he
introduces speakers in the order in which they register to speak; however, there was
an occasion at the last Council meeting when a speaker deferred to speak when
called upon; by deferring, the individual was allowed to speak later in the meeting;
and in the future, with the concurrence of Council, all speakers will be recognized
in the order that they registered, and if an individual defers to speak at the
appropriate time, or if a speaker is out of the Council Chamber when his o. her
name is called, the individual will forgo the opportunity to speak.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS.STATE HIGHWAYS-ROANOKE CIVIC CENTER.SNOW
REMOVAL-SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue, N. E. , requested that
businesses along Route 460 be advised of upcoming events at the Roanoke Civic
Center, in order that they may be properly staffed to accommodate additional
customers. He commended City staffed on their hard work to clean up the City
following the snow/rain event on Sunday, March 30. He expressed disappointment
that he was not selected to be interviewed for a position on the Roanoke City School
Board.
,..._-_.~
163
COMPLAINTS: Mr. Robert Gravely, 3360 Hershberger Road, N. W., quoted
Bible scripture, and referred to his Constitutional rights with regard to freedom of
speech.
POLICE DEPARTMENT-ANIMALS/INSECTS: Ms. Tracey Hamblin, 628 Day
Avenue, S. W., advised that on March 11, 2003, a neighbor's dog was shot by a City
Animal Control Officer. She noted that the Animal Control Officer stated that the dog
charged him, however, that is not an accurate assessment of the situation. She
stated this was an unfortunate situation, there has been no contact by the City with
the owner of the dog, and the family lost a cherished member of their family. She
expressed concern for the safety of her family, had one of her children decided to
run out of the house at the same time that the animal was shot. She stated that the
entire neighborhood is upset about the incident, and advised that a petition will be
submitted at the next meeting of Council signed by persons residing in the
neighborhood who are concerned about the incident and the City's lack of response.
Ms. Doretha Lipford, 629 Day Avenue, S. W., owner of the dog, expressed
concern that she has not received an explanation as to why the Animal Control
Officer shot her pet, nor has she received an apology. She stated that her dog was
loved by her neighbors, he was gentle and he played with neighborhood children.
She advised that she would bear part of the blame because her dog was unleashed
at the time of the incident.
Ms. Stephanie Lipford, 629 Day Avenue, S. W., also expressed concern that
her dog was shot without reason and no apology has been received from the Animal
Control Officer who was responsible.
CITY MANAGER COMMENTS:
CITY MARKET-ACTS OF ACKNOWLEDGMENT: The City Manager called
attention to three occasions over the past weekend when she was reminded of the
greatness of the City of Roanoke and its citizens; i.e: Clean Valley Day on Saturday,
April 5, which demonstrated the level of volunteerism by persons committed to
cleaning up the City of Roanoke; remarks by Alex Garvin, Adjunct Professor, Urban
Planning and Management, Yale University, and a member of the team that will be
responsible for the rebuilding of New York City, who was favorably impressed with
the City of Roanoke and specifically the City Market area; and the remarks of
Danielle Yu, a professional harpist, who previously lived in the Roanoke area and
considers Roanoke to be her second home.
'~.~~_....
164
The City Manager advised that often times when dealing with problems or
tragedy, we fail to see the assets of our community, and Roanoke's greatest asset
is its citizens.
At 3:45 p.m., the Mayor declared the meeting in recess for four Closed
Sessions.
At 5:00 p.m., the meeting reconvened in the Council Chamber, Mayor Smith
presiding, and all Members of the Council in attendance, with the exception of
Council Member Carder, who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch and
Mayor Sm ith ...-----------....---------.......-.---------......--------....-----------.....----------.-..-6.
NAYS: None...----------....----------..-.---------......-----------.-----------------------------.0.
(Council Member Carder 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 Will Trinkle, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Kristi Pendelty.
There being no further nominations, Ms. Pendelty was appointed as a
member of the Roanoke Arts Commission, for a term ending June 30, 2004, by the
following vote:
FOR MS. PEDEL TY: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch,
and Mayor Sm ith -----..----....-----.-.-----.....-----.--------..--------.-------------------..---6.
NAYS: None..--------..---------...--------.---------..------__._________.__________._________..____-0.
(Council Member Carder was absent.)
165
There being no further business, at 5: 1 0 p.m., the Mayor declared the meeting
in recess until Friday, April 11, 2003, at 12:00 noon, for the Regional Leadership
Summit Luncheon, to be hosted by Virginia Tech at Virginia Tech's Donaldson
Brown Hotel & Conference Center and Alumni Hall (Old Guard Room), Blacksburg
Virginia.
The City Council meeting reconvened on Friday, April 11 ,2003, at 12:00 noon
at the Donaldson Brown Hotel and Conference Center and Alumni Hall, Old Guard
Room, Virginia Tech, Blacksburg, Virginia, for a meeting of representatives of the
Regional Leadership Summit.
PRESENT: Council Members William D. Bestpitch and Mayor Ralph K.
l)rnitl1---..---------------------..---------------------...------------------...-------------------...----------------2.
ABSENT: Council Members William H. Carder, M. Rupert Cutler, Alfred T.
Dowe, Jr., C. Nelson Harris and Linda F. Wyatt---.....-----------------....--------------------...-5.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Stephanie M.
Moon, Deputy City Clerk.
Also present were Wayne G. Strickland, Secretary, Fifth Planning District
Regional Alliance; Victor Iannello, Vice-Chair, Fifth Planning District Regional
Alliance; Dr. Charles Steger, President, Virginia Polytechnic Institute and State
University; Dr. Ray Smoot, Vice-President of Administration and Treasurer, Virginia
Polytechnic Institute and State University; Barry DuVal, President and CEO, Kaufman
and Canoles Consulting, LLC; Beth Doughty, President, Roanoke Regional Chamber
of Commerce; and members of City Councils/Boards of Supervisors and staff of the
following localities: Alleghany County, Bedford County, Botetourt County, Franklin
County, Montgomery County, Roanoke County, City of Roanoke, City of Salem, Town
of Covington and Town of Vinton.
COUNCIL-REGIONAL LEADERSHIP SUMMIT-CENTER IN THE SQUARE: Mr.
Strickland introduced Dr. Charles Steger, President, Virginia Tech, for remarks.
On behalf of Virginia Tech, Dr. Steger extended a welcome to Blacksburg,
Virginia. He advised that over the years, Virginia Tech has enjoyed a special
relationship with the Roanoke Valley and surrounding communities, and has been
directly involved in a number of initiatives that have brought education and
economic development to the region. He reviewed the following regional initiatives
by Virginia Tech:
,.,.~_..,
166
Issued a challenge to the University community to place Virginia Tech
among the nation's top 30 research universities by the end of the
decade.
Today's society is knowledge driven, therefore, to stay ahead requires
a constant stream of discovery, ideas, and innovation as a university,
as a state, and as a nation.
Globalization and rapid technological change continue to place
increasingly higher premiums on skilled workers-workers with strong
reasoning skills and the ability to stay abreast of expanding knowledge
and evolving technologies. The task of educating and training the
workforce is the responsibility of a university.
Virginia Tech is the State's largest and most comprehensive research
university; however, it is not enough to be the best in the region, or the
state.
Every university, every state, and every nation seeks the best students
and the best faculty. In our global information economy, the best
information, the brightest faculty members, and the most effective
course work can be accessed anywhere. Therefore, the quality
standard for students, faculty, and workers is the standard set by
global excellence, not regional or national.
If Virginia Tech is to continue providing a quality education for its
students, to provide an atmosphere of robust research and
scholarship, and to attract the best and brightest faculty, the University
must be competitive with the best in the nation-and the world.
Reaching for the top 30 goals means that Virginia Tech will strive for
academic excellence in all that it does, and will strengthen
scholarships in every area of the University.
Faculty members who are on the leading edge of their professions
enable the University to provide the highest quality educational
experience. A robust environmentfor research and scholarship attracts
the best faculty, who, in turn, will challenge students to engage their
mind in the world around them.
Virginia Tech's research agenda is closely tied to its teaching mission
so that students benefit from the "process" of discovery, as well as the
results.
167
TOD 30 Goal and Economic DeveloDment
A thriving research program also engages the University with societal
issues and permits Virginia Tech to provide cutting-edge technical
assistance to communities and businesses.
As a land grant institution, this is an area where Virginia Tech has
traditionally placed great value. Virginia Tech has a history of firm
community and business links. It has a tradition of outreach-assisting
communities and creating economic development.
Research universities are increasingly becoming the economic
development engine for a region. The economic value of research
universities to their region has been a consistent theme in studies over
the last decade. Virginia Tech increasingly fills that role in Virginia. An
economic impact survey, released in August 2000, indicated that
Virginia Tech and its affiliates generated $1.2 billion in economic
activity in Montgomery County for fiscal year 1999.
Virginia Tech will be a key factor in Virginia's future economic
competitiveness. If the Commonwealth of Virginia is to flourish,
Virginia Tech must continue to enhance its research resources to serve
those people who depend on the University in a greater capacity.
Virginia Tech will bring the greatest benefit to the Roanoke Valley, the
Commonwealth of Virginia, and the global community, by being the
best educational and research institution it can possibly be.
In conclusion, Dr. Steger stated that the competition is fierce and is constantly
changing, formidable investments are being made by institutions across the co 1m try,
public and private partnerships are emerging that will enable a very small number
of institutions to enter into strategic partnerships that will not only be national, but
international, and will dominant major research in the next decade, and the choice
of Virginia Tech is to become a part of the competition.
Mark McNamee, Virginia Tech Provost and Vice President for Academic
Affairs, advised that Virginia Tech has a clear sense of direction and purpose, and
in order to be successful in its mission, Virginia Tech must launch a series of
research initiatives that will be of benefit to Virginia Tech as it develops as a
University, and to promote benefits to the region, the Commonwealth of Virginia, the
nation and the world. He stated that Virginia Tech views itself as competing in a
global environment; and in order to manage various issues, Virginia Tech will focus
on those issues where it can make a difference, i.e.: research initiatives in
,'."-.--
168
engineering and physical science. He added that Virginia Tech lacks in the applied
science field, such as biomedical which is an advanced field in technology; and the
University is interested in public health, which will be a challenge because a
traditional human medical school does not exist on campus.
BRANDING UPDATE: Victor Iannello, Vice Chair, Fifth Planning District
Regional Alliance, highlighted primary themes and tactics to propel the region
forward; viz: visibility, connectivity, quality of life amenities, knowledge workforce,
innovation and entrepreneurship, and economic transformation. He advised that the
region must do more to encourage and attract "knowledge economy" companies as
it reacts to a continued decline in traditional manufacturing.
Mr. Iannello further stated that the Region should develop a common branding
so that information is consistent; a Branding Steering Committee has been
appointed consisting of marketing organizations that would use the brand, including
the Roanoke Valley Economic Development Partnership, the New River Valley
Economic Development Alliance, the Alleghany Highlands Economic Development
Corporation, the Roanoke Valley Convention and Visitors Bureau, VA Tech, and
participation by local governments; the brand should be inclusive so that the
individual identity of the localities will not be lost; and the City of Roanoke has hired
a consultant Landor Associates, a world-recognized expert in developing brands for
corporations and regions.
He highlighted following process for the branding initiative:
Discovery phase - interviews and research review process,
Strategic platform development - associations that drive brand loyalty,
position concepts, position research, naming,
Brand identity development -visual identity, associating the brand with a logo,
Documentation - instructions as to how the brand should be carried forward.
In summary, Mr. Iannello advised that the Roanoke Valley, Alleghany
Highlands, New River Valley have a history of cooperation; and branding is
important because it will provide a vehicle for the Alliance to educate the community
and an opportunity to propel the region forward.
169
AIRPORT.CONSULTANTS: Beth Doughty, President, Roanoke Regional
Chamber of Commerce, presented a brochure with regard to the campaign for fair
airfares. She advised that several low-fare airlines provide service to communities
of a size similar to the Roanoke region; cities across the country compete to
convince airlines to serve their markets; and the Roanoke Regional Airport Alliance
has been working with the Roanoke Regional Airport and Roanoke City officials to
design incentives to attract a low-fare air carrier.
Barry DuVal, President and CEO, Kaufman and Canoles Consulting, LLC,
highlighted the key factors that promote economic competitiveness in a regional
economy; i.e.: competitive workforce, intellectual capacity, quality of life, pro-
business attitude, and global connectivity; and advised that businesses and leisure
travelers are looking for low-cost and frequent air service, with most preferring jet
service; and small to medium markets have successful airports that focus on low-
cost and frequent perks. He further advised that major airlines are struggling
because of significant fixed costs, labor, and operating expenses; whereby another
group of carriers in the United States, known as low-fare air carriers are successful,
which has caused a trend in small and medium-size markets for air service; and
regional alliances consisting of public/private partnerships have formed to recruit
low-fare carriers.
He stated that two airports in Virginia have shown growth in the last
12 months - Norfolk and Newport News; i.e.: Southwest Airlines serves Norfolk and
AirTran Airways serves Newport News; and two components that are critical to each
alliance are strong pledges of support from regional business leaders and
communities, and an air service improvement fund which is used to reduce
operating costs.
Mr. Duval advised that a preliminary draft of a survey for low-fare air carrier
service included profiling all domestic low.fare carriers in the United States based
on the carrier's existing route, aircraft needs, type of plane flown, recent route
expansions, apparent route development strategies and the type of carrier to serve
Roanoke; and the results of the study indicated the following: "All factors
considered, AirTran Airways is clearly the candidate best suited to provide low-fare
service to Roanoke." He further advised that based on the results of the study, the
Roanoke Regional Airport intends to move forward with an initiative to implement
a travel pledge campaign from the business communities of all the local
jurisdictions in the Roanoke Valley, which will be a critical component to AirTran
Airways and any other airline that would like to utilize the results of the study.
"'---
170
He presented copy of a news release advising that the campaign for Fair
Airfares has already raised nearly $1.2 million in travel pledges to help attract a low.
fare air carrier to the Roanoke Regional Airport; the Roanoke Regional Airport
Alliance intends to secure $2 million in pledges by September 2003 from businesses
that use Roanoke Regional Airport; and initial pledges were generated by targeting
the largest users of the Airport. He explained that the campaign will be rolled out to
businesses throughout the airport service area by mail and through a web site,
www.roanokefares.com. requesting businesses to pledge to allocate a portion of
their annual business travel to AirTran; and the Roanoke Regional Chamber of
Commerce will coordinate the campaign with assistance from Chambers of
Commerce in the Alleghany Highlands, Lexington.Rockbridge County, Martinsville-
Henry County, and Montgomery County.
In closing, Mr. Duval encouraged representatives of the Regional Leadership
Summit to discuss the initiative with their constituents because it is critical to
businesses in the respective communities to participate in the travel pledge
program.
Dr. Ray Smoot advised that Virginia Tech routinely spends about $1 million
a year in air travel, and the University received its pledge cards in January. He
commented on air service usage by Virginia Tech officials, i.e.: the frequency of
Virginia Tech employees flying to destinations served by AirTran Airways and the
amount of travel the University could commit to a low.fare carrier.
Ms. Doughty advised that the question of air service has consistently been in
the top three issues of concern for Chamber of Commerce members and the ability
to compete in the regional economy; and she foresees some promise with the
public/private partnership to engage both the public and private sector in efforts to
attract a low.fare air carrier. She further advised that the Roanoke Regional Chamber
of Commerce is part ofthe Western Virginia Business and Legislative Coalition which
consists of 14 Chambers of Commerce in Western Virginia; and she is optimistic that
the Chamber of Commerce has in place the tools and the network to assist localities.
OTHER BUSINESS/ANNOUNCEMENTS:
Mr. Strickland called attention to a two-day workshop on Revitalizing Virginia
Communities - Discovering the Tools to Address Brownfield Sites, on May 21 .22,
2003, at the Hotel Roanoke and Conference Center. He announced that the next
Mayors and Chairs meeting will be held on Friday, May 16 at 12:00 noon at Ferrum
College in Franklin County, and the meeting for the month of June will be hosted by
the City of Salem.
.
171
Mayor Smith called attention to discussions with David Goode, Chief
Executive Officer, Norfolk Southern Corporation, in connection with a rail excursion
in July 2003, in lieu of the next Leadership Summit.
Joseph P. McNamara, Chair, Roanoke County Board of Supervisors,
announced that Roanoke County will host the next Leadership Summit in Oc+''Jber
and Don Davis, Mayor, Town of Vinton, advised that the Town will host the following
Leadership Summit.
There being no further business, Mayor Smith declared the meeting of
Roanoke City Council adjourned at 1 :40 p.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: ~
nt~ 4. r~~
Mary F. Parker
City Clerk
~-"--'
172
REGULAR WEEKLY SESSION--..-ROANOKE CITY COUNCIL
April 21, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
April 21, 2003, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reaular Meetinas, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson
Harris, Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K.
l)rnith----..------..-----..------..-------------.-------.------..------..----..-------------..------..-----...---7.
ABSE NT: None..-----..------.------.------.------.------..-----_.______.______._______.______.____0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Rod Barnett,
Coordinator, Counseling and Follow.up, Billy Graham Evangelistic Association.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayor welcomed the Honorable Michel
Francois, Mayor, Village of Lessy, Province of Lorraine, France.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for a Closed Session.
173
MINUTES: Minutes of the joint meeting of Roanoke City Council and the
Roanoke County Board of Supervisors held on Thursday, February 27,2003; and the
regular meeting of Council held on Monday, March 3, 2003, and recessed until
Friday, March 7, 2003, were before the body.
Mr. Dowe moved that the reading of the minutes be dispensed with and. that
the minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Sm ith --------------........----------------......-------------------.....------------------...---------7.
NA)'l): NClnEl.....------------.--......----------------......---------------.......---------------.---0.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Dowe moved that Council concur in the request of the Mayor to convene
in a Closed Meeting as above described. The motion was seconded by Mr. Cutler
and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Sm ith------------.------------...-------------..------------.--------------..--------------.----------7 .
NAYS: N one------------...----------.....---------.....--------.-....-----------...------------....--0.
OATHS OF OFFICE-COMMITTEES-YOUTH: A communication from
Marion Vaughn-Howard, Program Manager, Office on Youth, advising of the
resignation of Thomas Winn as a member of the Youth Services Citizen Board, was
before Council.
Mr. Dowe moved that the resignation be accepted and that the communication
be received and filed. The motion was seconded by Mr. Cutler and adopted by the
following vote:
174
~
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
MliJfClrSrnitl1------....------...--------...---------..---------...-------....-------...--------..---------..----1'.
NA)'l): NClIlEl-----...--------..---------..--------..--------....-------...--------...--------...-------0.
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: A report of
qualification of Jim Hale as a member of the Parks and Recreation Advisory Board,
for a term ending March 31, 2006, was before Council.
Mr. Dowe moved that the report of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
MliJfClrl)rnitl1....-----...------...------....-------..----___.._______.._______..________.______________________7.
NA)'l): NClIlEl----...------...------...-----....-----..-------..-______.________.________________..____Cl.
BUDGET .COMMITTEES-CITY COUNCIL.CITY GOVERNMENT: A
communication from Council Member William D. Bestpitch requesting that Council
convene in a Closed Meeting to discuss investing public funds where competition
or bargaining is involved, where, if made public initially, the financial interest of the
governmental unit would be adversely affected, pursuant to Section 2.2-3711 (A)(6),
Code of Virginia (1950), as amended, was before the body.
Mr. Dowe moved that Council concur in the request of Council Member
Bestpitch to convene in a Closed Meeting as above described. The motion was
seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
MliJfClrl)rnitl1--....----....---...----.....--.....--.....--_....___....____...____...____..._____.._____..______7.
NA)'l): NClnEl...----...----...----...----...-----..------.--------------.------.------.------..-----.-0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
175
BUDGET.CABLE TELEVISION: A communication from Council Member
Alfred T. Dowe, Jr., City Council's Representative to the Roanoke Valley Regional
Cable Television Committee, advising that the City of Roanoke, the County of
Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV);
initial equipment and facilities for the television station were funded through a
$480,000.00 capital grant from Cox Communications; the station is located at the
Jefferson Center and currently employs five full-time staff members; and staff
produce and cable cast videos and shows for the local governments and school
systems, along with government meetings, on Cox Communications' Channel 3, was
before the Council.
It was further advised that on June 8,1992, Council approved the Roanoke
Valley Regional Cable Television Agreement, which requires that the RVTV
Operating Budget be approved by the governing bodies of the city, county, and
town; funding for the Operating Budget is shared by the three governments, based
on the annual proportion of Cox subscribers located in each jurisdiction;- the
Roanoke Valley Regional Cable Television Committee approved the RVTV Operating
Budget for fiscal year 2003-04 at its April meeting, in the amount of $273,614.00,
which represents a two per cent increase from the current year budget of
$267,885.00.
It was stated that Cox Communications paid a five per cent franchise fee to
the local governments in 2001, which amounted to $1,925,146.00; the local
governments have traditionally agreed to allocate up to 20 per cent of the franchise
fees collected to the RVTV Operating Budget; for the coming year, that amount
would be $385,029.00, and RVTV's requested budget of $273,614.00 is $111,415.00
less than the amount; and Cox calculates the percentage of subscribers in each
locality (as of December 31,2001) as follows:
Locality
Subscribers
Percentaae ('Yo)
City of Roanoke
Roanoke County
Town of Vinton
32,295
23,724
2,738
55
40
5
.
,
It was advised that based on these figures, each locality's contribution to the
Operating Budget is as follows:
176
Localitv
Contribution
City of Roanoke
Roanoke County
Town of Vinton
$150,488.00
$109,446.00
$ 13,681.00
On behalf of the City's representatives to the Roanoke Valley Regional Cable
Television Committee, and as Council's representative to the Committee, Mr. Dowe
recommended that Council approve the proposed RVTV budget for fiscal year
2003-04, in the amount of $273,614.00, with the City's contribution totaling
$150,488.00.
Mr. Dowe offered the following resolution:
(#36281-042103) A RESOLUTION approving the recommendation of the
Roanoke Valley Regional Cable Television Committee to approve the annual
operating budget for Fiscal Year 2003-2004 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. 67, page 190.)
Mr. Dowe moved the adoption of Resolution No. 36281-042103. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
MllJfClrl)rnitll----...----...-----...----...----....----...----...----...-----..-----....---...-----.-------..---7.
NA"l): NClI1El-.-----------------------------.-----------------------------.-----..------..-----.-----.-0.
CITY PROPERTY.STREETS AND ALLEYS: Steven S. Strauss, representing
Structures/Design Build, requested that Council reconsider the matter of vacating
right-of.way on Franklin Road, S. W., adjoining Official Tax No. 1300101, which was
previously considered by Council at its meeting on Monday, August 19, 2002. He
stated that the property has been acquired by Securities Two, L.L.C., a subsidiary
of Structures Design/Build and prior to developing the property without
abandonment of the right-of.way, it is requested that Council reconsider its August
19 decision to deny the request. He further requested that the matter he heard by
the Council at its May 19, 2003 meeting.
"._1......,
177
There was discussion as to the rationale for reconsidering the matter;
whereupon, Mr. Strauss advised that at the August 19 meeting of Council, specific
questions were raised as to whether the property would be developed without
abandonment of the right-of-way and the value of the property. He stated that if
Council authorizes reconsideration of the matter, he will provide more detailed
information on proposed improvements, grading of the site, and additional buffers
that would be offered as a part of the development plan.
Ms. Wyatt moved that Council reconsider the request of Structures/Design
Build. The motion was seconded by Mr. Bestpitch.
There was discussion with regard to presentation of a development plan that
would show what the proposed development will look like with and without vacation
of the right-of-way; whereupon, Mr. Strauss advised that he would work with City
Staff to present two different alternatives for review by Council.
Based on the testimony of Mr. Strauss that he planned to submit significantly
new or additional information than that which was presented in August 2002, Mr.
Harris called for the question which was unanimously adopted.
The motion to reconsider the request was adopted, Council Members Cutler
and Carder voted no.
Mr. Bestpitch moved that the matter be referred to the City Planning
Commission for study, report and recommendation to Council. The motion was
seconded by Mr. Dowe.
Mr. William Jopitch, 3215 White Oak Road, S. W., advised that the matter was
before the Council in August 2002 and denied by the City Planning Commission and
the Council. He stated that if developed, the site will look drastically different from
Franklin Road; the dry creek referenced by Mr. Strauss is not a dry creek, but
regularly has water flowing through it, where deer congregate. He advised that Mr.
Strauss has every right to cut back the slope because it is developable property, but
if his request is approved, the City will be giving him the opportunity to develop the
property at far less expense to clear the site and allow for parking. He stated that
property owners have asked to review the proposed development plans, however,
to date no plans have been submitted. He expressed concern with regard to the
appearance of the area along Franklin Road in the vicinity of West Motor Sales,
potential problems with erosion, and safety issues relative to children in the area.
.....~...
178
Mr. Fred Flowers, 3207 White Oak Road, S. W., advised that residents of White
Oak Road offered to purchase the land for $90,000.00, which was $5,000.00 more
than Mr. Strauss actually paid; at the recommendation of Mr. Strauss residents met
with him on two occasions, and offered to purchase the property in order to donate
the site to the City, and the asking price then escalated from $85,000.00 to
$150,000.00. He stated that property owners would like to review building plans
showing the difference between developing the property with the requested right-of-
way and without the right-of.way. He advised that nothing has changed that should
cause Council to reopen the issue, and expressed ongoing opposition to
development of the site and to the City's granting of a right-of-way to enhance
development of the property.
The motion to refer the matter to the City Planning Commission was
unanimously adopted.
BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: John R. Hubbard,
Chief Executive Officer, Roanoke Valley Resource Authority, advised that the
proposed budget totals $8,091 ,969.00 for fiscal year 2004, representing a 2.2 per cent
reduction over the current budget; and the budget includes a $3.00 per ton increase
to Roanoke City, Roanoke County and the Town of Vinton, which is a $150,000.00
increase to the City based on tonnage receipts. He stated that approximately
$650,000.00 in interest has been lost over the past two years, which was made up
with available surplus monies; and two years ago, member jurisdiction tipping fees
were reduced from $50.00 per ton to $42.00 per ton, and the new rate will reflect
$45.00 per ton.
Mr. Dowe offered the following resolution:
(#36282-042103) A RESOLUTION approving the annual budget of the Roanoke
Valley Resource Authority for Fiscal Year 2003-2004, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 67, page 191.)
Mr. Dowe moved the adoption of Resolution No. 36282-042103. The motion
was seconded by Mr. Cutler.
179
The Mayor addressed the issue of commercial haulers using landfills outside
of the Roanoke Valley, and the feasibility of cutting Roanoke Valley Resource
Authority tonnage rates to regain their business; whereupon, Mr. Hubbard
responded that two major haulers in the Roanoke Valley have their own landfills in
Tennessee and Richmond, and if the Roanoke Valley were to regain the business
of private haulers and not substantially increase revenues, the life span of the
Roanoke Valley facility would be shortened. Therefore, under current conditions,
instead of a landfill that originally anticipated a 60-65 year life span, the facility is
now looking at 95-100 years, which has allowed the Roanoke Valley to expand the
project over a longer period of time and decrease costs; and during that period of
time, surplus monies totaling approximately $6 million have been saved which has
financed the reduction to Roanoke City and Roanoke County over the past three
years.
Mr. Cutler inquired about the relationship between citizen participation in the
City's recycling program and economic liability to the Roanoke Valley Resource
Authority. He also inquired as to continuing costs, if any, to the Resource Authority
in connection with the closed landfill near Explore Park.
Mr. Hubbard responded that the Resource Authority accepted responsibility
for the closed landfill and will maintain funds from the operation for a 30 year period
after closing, which is required by State law; no offers have been received to lease
the landfill, other than to potentially develop a gas system that could generate
electricity, however, the project failed due to the revenue to be gained from the sale
of electricity to AEP that made it financially not feasible, and no proposals to lease
the area have been received due to the danger associated with gas generation in a
closed landfill. He stated that recycling is promoted by the Resource Authority, with
approximately ten per cent of refuse deposited at the facility being recycled; and the
City's leaf recycling program generates approximately 3,000 tons per year, totaling
$75,000.00 per annum, at approximately $1.00 per ton on the tipping fee.
There being no further discussion, Resolution No. 36282-042103 was adopted
by the following vote:
'....--
180
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Sm ith ....______....______....._______....______...________..._______...._______...________...___7.
NA"l): NClI1E1------....------....-------....------.-..-------...-______...________..________.._______0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: At the request of the City Manager, Barry L. Key, Budget
Administrator, presented the following highlights of the City's fiscal year 2004
budget:
The fiscal year 2004 budget is balanced with anticipated revenues and
expenditures of $204.7 million; while this total represents an $11.1
million dollar increase over fiscal year 2003, a large portion of the
increase is attributed to a budgetary reclassification of "recovered
costs" expenditures to revenues to comply with an audit
recommendation, resulting in a $4.4 million "artificial" increase in
revenues; and General Fund revenues are actually expected to
increase $6.7 million, or 3.5 per cent, which is a dramatic improvement
over the 1.2 per cent increase realized in fiscal year 2003.
Local revenues again lead the way in terms of Roanoke's anticipated
revenue growth with an expected increase of almost $6.3 million, or 4.2
per cent, a significant improvement over the 1.9 per cent growth rate for
fiscal year 2003; and intergovernmental, or State revenue is predicted
to decrease for the second year in a row; during the past five fiscal
years, State revenues have increased on an average of 4.5 per cent per
year; and this same level of growth for fiscal year 2004 would result in
a $2.1 million increase instead of the almost $100,000.00 decrease,
representing a $2.2 million dollar negative impact on Roanoke's budget.
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The following new revenue initiatives are being recommended that will
generate $563,000.00 in additional local revenue to help offset
increased local expenditures resulting from State revenue reductions:
An increase in animal impoundment and boarding fees at
the SPCA to help offset the increased cost of the Regional
SPCA facility;
An increase in library copier fees to provide improved
copying equipment for the public at the library branches;
An increase in Central Business District Solid Waste
Collection fees to more fully recover the cost of providing
more than one free collection per week, as provided with
residential solid waste collection service; and
discontinuation of commercial collection outside the
Central Business District more than once per week due to
higher costs and the availability of service from private
vendors.
A new Admissions Tax rate structure that will levy a 9 per
cent tax rate for events held at the Civic Center and
Stadium/Amphitheatre and a 5.5 per cent rate for events
held at facilities not owned by the City.
A 55 cents per month increase in the E911 tax rate to $2.00
per line per month to more fully recover the operating cost
of the E911 Center and to provide additional staff to
handle wireless 911 calls as mandated by the State but not
fully funded - a $3.00 tax rate would be required to fully
fund the total cost of the Center.
A new Short.term Rental Tax of one per cent of gross
proceeds to offset a tax system inequity in the State Code
whereby short.term rental businesses in localities like
Roanoke pay no personal property tax on business
property owned for short-term rental purposes.
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Schools will receive almost $2.2 million in additional local
funding as its share of local tax revenues per the existing
revenue sharing formula; the total school budget will
increase $3.4 million or 3.2 per cent; the budget adopted
by the School Board in March will provide an average
teacher salary increase of 2.3 per cent, additional funding
for employee health insurance premiums, and additional
debt service capacity funding for capital improvement
projects at both high schools, funding has been provided
for an after-school program at Ruffner Middle School
previously funded by a grant and for an increase in the
daily pay rate for long-term substitute teachers; additional
budget adjustments will be made by the School Board
when it meets to consider the additional local funding now
being recommended, an increase of $432,000.00 over the
local revenue planning figure provided to the School
administration in December.
Employee compensation and benefits include:
$3.1 million in funding is recommended to keep City employees'
compensation and benefits as competitive as possible in today's
difficult economic times; a 2.25 per cent of base pay merit
increase is recommended and additional funding is provided to
fund a significant increase in employee retirement contributions
due to reduced investment performance and the anticipated cost
of employee health insurance.
Two new compensation initiatives are recommended:
A major restructuring of labor and grades job
classifications affecting approximately 236 employee
positions to enhance the competitiveness of starting and
average salaries for these positions and reduce the above
average turnover rate.
A new Community Policing Specialist Program in the
Police Department for Police Officers who complete a
required training component and a required community
activity participation component will be eligible to receive
a two per cent increase in pay.
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A small amount of funding for a new employee benefit that
will allow employees an option to staying home from work
when their children are ill; at least one Roanoke agency
now offers sick child care for individuals with children
having mild illnesses or injuries - the total
cost of the service includes a registration fee and daily
service fee; and funding is recommended to help cost.
share this expense with employees to help them be as
productive as possible when their children are ill.
Additional funding of $2.3 million is recommended for cash-funded
capital projects, debt service, equipment replacement and maintenance
requirements to:
Continue providing additional debt service funding as part
of a multiple plan to budget an additional $570,000.00 each
fiscal year to build future capacity for bonds to support the
Capital Improvement Program;
Begin restoration of adequate cash funding in the
operating budget by fiscal year 2007 for fleet equipment
replacement, maintenance of City facilities, paving of City
streets, and for technology enhancements;
Provide additional cash funding for the Fire.EMS Facility
Improvement Project to strategically locate new facilities
in the City and the continuing costs of compliance with the
City's National Pollutant Discharge Eliminating System
Permit; and
Provide partial funding for the mid-year relocation of the
Social Services Department to the Civic Mall complex on
Williamson Road.
Use of available debt service funding in fiscal year 2004 to
redeem $2.8 million in outstanding bonds that were issued
previously for the Century Station Parking Garage and
bear a high interest rate; and the Parking Fund will realize
a $360,000.00 positive cash flow through this prudent
fiscal strategy that can be used for parking facility
maintenance and future capital projects.
"'..~_.....
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Almost $1.1 million is budgeted for nondiscretionary expenditure
increases, including:
Roanoke's share ofthe regional SPCA facility scheduled to open
later this year; and
Local cost of Medicaid services provided for at-risk youth
through the Comprehensive Services Act Program . localities are
now required by the State to use Medicaid.approved services
first, if available, and must fund the local cost of such services.
Increases will be experienced for:
Food and medical care provided to an increased number
of inmates in the Roanoke City Jail;
Motor fuels due to instability in the global oil market;
Per diem costs for Roanoke youth assigned to the
Roanoke Valley Detention Center because of a 15 per cent
reduction in State funding for the Center;
Tipping fees at the Roanoke Valley Resource Authority will
increase $3.00 per ton due to diminished investment
performance and reduced solid waste tonnage coming to
the facility;
An increased local subsidy for the Greater Roanoke
Transit Company due to increased employee health and
liability insurance costs and increased motor fuels costs;
and
Snow removal expenses based on recent snowfall
experience.
$431,000.00 is budgeted for a number of new or enhanced services that
will directly benefit Roanoke's citizens; Le.:
A two per cent increase in the budgeted amounts for Blue
Ridge Behavioral Healthcare, Total Action Against Poverty,
the Virginia Cooperative Extension Service and an 11.5 per
cent increase in funding for the Roanoke Arts Commission
and Human Services Committee for distribution to
community cultural and human service agencies, some of
which have been fiscally impacted by the new HUD
funding policy adopted last year.
Funding to replace an additional 200 trees per year. 400
trees can now be replaced annually as part of the City's
reforestation program to mitigate anyfurtherdecline in the
City's tree canopy.
Additional funding is also recommended to:
Begin a multi-year funding initiative for enhanced
maintenance of athletic fields in City parks;
Install an additional 120 street lights consistent with
community lighting standards;
Cut and clean 250 property parcels annually as part ofthe
City's Weed and Trash Abatement Program when property
owners do not comply with property maintenance
standards;
Expand the use of growth regulator chemicals on turf
grass in main street corridors to maintain a neater
appearance in these community entranceways and reduce
mowing efforts;
Expand the number of operating hours at the Mill
Mountain Discovery Center - this important City gateway
facility off the Blue Ridge Parkway will be open seven days
per week year round; and
Operate the new Southeast Police Substation.
185
186
Four additional staff positions are recommended to:
Handle Wireless 911 calls as mandated by the State but
not adequately funded;
Develop a structured volunteer program in City
government that will coordinate and harness community
talent to help provide high levels of service for citizens
during a period of diminished resources;
Oversee the newly created fleet equipment pool to
improve the overall effectiveness of the City's fleet by
minimizing the number of vehicles required - staff
initiatives this past year have already eliminated 99 pieces
of equipment from the fleet; and
Provide a stronger purchasing contract administration
system and enhanced procurement planning and
scheduling to help ensure that the City is purchasing
goods and services at the lowest cost possible.
To balance the fiscal year 2004 budget, $2.3 million in budget
reductions were made:
13 positions will be eliminated and an additional 25
positions will be held vacant and not filled, affecting 18
separate departments or divisions of City government;
Overtime expense has been reduced 20 per cent,
organization-wide, with the new overtime policy
implemented in fiscal year 2003 to award overtime based
on hours worked; and
Expenses for temporary employees have been reduced.
The above reductions will result in the following program reductions:
A reduction of ten operational days at each swimming
pool based on low attendance;
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Elimination of the Midnight Basketball Program;
Alleys that are no longer needed for primary access by
property owners or for solid waste collection will no
longer be maintained with City forces - maintenance
responsibility for such alleys will fall to adjacent property
owners; and
Operating hours at Norwich Center will be reduced from
21 hours to 14 hours weekly.
A number of new initiatives are recommended in several proprietary
funds:
The Civic Facilities Fund includes additional revenues
necessary to begin repayment of debt on $14.3 million in
bonds to be issued later this year for Phase II of
improvements to the Civic Center, including the
construction of a 45,000 square foot exhibit hall; these
additional revenues include proceeds from the
Admissions Tax rate increase plus an increase in the
Facility Surcharge Fee per ticket.
The Parking Fund will experience a $360,000.00 positive
cash flow because of the refunding of Century Station
Parking Garage bonds, which funding, along with
additional revenues from a recommended increase in
parking fees, will be used to provide much needed
maintenance for a number of parking structures and will
be available in future years for parking system capital
improvements.
The Water Fund includes additional funding from the
recent water rate increase for pursuing regional water
system inter connections and water system infrastructure
improvements.
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The Water Pollution Control Fund includes additional
funding necessary for the City's share of the cost of the
wet weather capacity improvement project at the Water
Pollution Control Plant . the source of funding for this
project is a recommended 20 per cent increase in sewer
rates, effective July 1, 2003, and an additional 15 per cent
increase, effective July 1, 2004; and revenues from this
rate increase would provide funding for future sewer
system infrastructure improvements as well.
Seven new projects are recommended for inclusion in the Capital
Improvement Program:
Renovations to the Municipal North Complex after
relocation of the Social Services Department, to be cash
funded at a cost of $2 million dollars in fiscal year 2005;
Phase II of improvements to the Public Works Service
Center, to be cash funded at a cost of $1 million in fiscal
year 2005;
Phase I of the Stormwater Management Program to begin
addressing over $50 million in identified storm drainage
projects, to be funded for an $11 million bond issue in
fiscal year 2005 requiring the levy of a new stormwater
management fee for debt repayment;
Construction of a new parking garage in the Church
Avenue West area, to be funded from a $7.2 million bond
issue in fiscal year 2006 - the positive cash flow from the
refunding of Century Station Parking Garage bonds will be
combined with increased parking rates system.wide to
fund debt repayment;
Phase V of improvements at the Roanoke Center for
Industry and Technology to make Site E available for
future development, to be cash funded at a cost of $1.75
million in fiscal year 2006;
,.-".,...",
189
Additional local funding projected to be needed for the
Roanoke River Flood Reduction Project by fiscal year
2007, requiring a $4.5 million bond issue; and
Phase II of property acquisition in the South Jefferson
Redevelopment area to facilitate continuing development
of the Riverside Centre for resale of property in the
redevelopment area.
In conclusion, Mr. Key advised that as witnessed in the past 20 months, a
great deal can happen in a short period oftime to negatively impact the City's fiscal
resources and effectively side.track, if not de.rail, even the best set of plans; the
good news is that the City has a fiscal roadmap linked to Council's strategic plan to
help guide and to keep the City on track; the long-range financial planning effort
begun by Council this year should serve the City well for the future as it continues
to update the plan on an annual basis, and continue to make the hard fiscal
decisions necessary to help Roanoke to achieve its desired future. He stated that
the City has managed to close the fiscal gap for fiscal year 2004, and, in doing so,
has narrowed the fiscal gap remaining in fiscal years 2005 - 2007, but the City still
faces a sizeable financial challenge in the coming years.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed concern with
regard to the proposed increase in the E-911 fee. He referred to approximately $20
worth of charges and fees on his telephone bill that are not directly related to the
actual telephone service; the proposed increase on 911 calls affects the
disadvantaged and those on fixed incomes more than any other citizens; and with
excessive taxes and fees, telephone service has become unaffordable. He a$ked
that Council give serious consideration to not increasing the E-911 tax and look for
other ways to create additional revenue for the City.
Mr. Carder called attention to the progress made by the Virginia First Cities
Coalition which is composed of 15 of the more fiscally stressed, older urban areas
of the Commonwealth of Virginia. He commended the City on putting its fiscal
house in order and doing creative things which will lead to additional revenues. He
advised that the State has cut funding to localities and is pushing localities to fund
the State's shortfalls, but it is time for the State to put its fiscal house in order. He
added that the citizens of the City of Roanoke and the citizens of the Commonwealth
of Virginia must understand what is going on and the challenges facing older urban
areas which are more fiscally stressed than counties. He suggested that the State
190
step up to the plate next year and begin to fund some of its basic responsibilities.
He congratulated City staff on preparing a creative budget for fiscal year 2004, and
advised that the City is heading in the right direction, revenues look positive, but the
City cannot continue to make up the State's shortfalls.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ANIMALS/INSECTS: The City Manager introduced Michael W. Quesenberry and
Paul J. Truntich, staff to the Wild Life Task Force, for a briefing on deer population
management.
Officer Quesenberry advised that the first meeting of the City's Wildlife Task
Force was held on February 27, 2002, and a public forum was held on June27, 2002,
to discuss deer conflicts within the City of Roanoke; in August, 2002, Wildlife Task
Force Majority and Minority reports were submitted to the City Manager and on
November 6, 2002, a final meeting was held of the Task Force to discuss
recommendations from issued reports.
The following Task Force recommendations were presented:
Modify ordinance to allow for electric fences
Enact an ordinance making it unlawful to intentionallyfeed
wild animals
Provide education outreach to citizens regarding the deer
issue
Assign more City staff to address deer and wildlife
management programs
Request additional assistance of the Virginia Department
of Game and Inland Fisheries in managing the City's deer
issue
Cull the deer herd in a safe, efficient and humane manner.
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On January 21, 2003, Council received a communication from the City
Manager detailing the Wildlife Task Force's recommendations, City staff
recommended consultation with a wildlife management company, and White Buffalo,
Inc., a nonprofit wildlife management and research organization, was contacted to
conduct the recommended assessment.
White Buffalo's assessment included a site visit on March 24 - 25,2003,
including representatives of City Council, the Police Department, the
Virginia Department of Game and Inland Fisheries and City staff, and
areas assessed included Blue Hills Industrial Park, Fishburn Park, the
former Police Department Firing Range and various conflict locations
in South Roanoke.
White Buffalo identified six population reduction options: controlled
hunting, professional sharpshooting, capture/relocation/capture/
euthanasia, fertility control and no action. The capture/relocation
option is inefficient and inhumane at a cost of $600.00-$800.00 per
deer; the capture/euthanasia option is also inefficient and inhumane at
a minimum cost of $400.00 per deer; and fertility control will also not be
feasible due to Roanoke's large land area. If selected, White Buffalo
advised that bowhunting would be a safer alternative to hunting with
firearms, the least expensive option, the City would administer and
assume liability, and bowhunting is less efficient than using firearms
with limited access issues. Professional sharpshooting can be
conducted in an efficient and humane manner, costs are estimated at
$200.00 - $300.00 per deer plus meat processing fees, all meat would
be available to be donated to Hunters for the Hungry or similar
programs, a program duration of two to four weeks beginning in
January/February, 2004; the baiting strategy requires additional
research; and sharpshooting performed by off.duty police officers
would require purchase of additional equipment, liability remains with
the City, the program is more involved than initially perceived, and
White Buffalo does not train local law enforcement.
With no intervention, populations will either remain stable or slowly
increase over time; once initiated, deer population maintenance
activities must be conducted in ensuing years after initial reductions;
and failure to conduct maintenance activities will result in populations
returning to initial densities.
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Olin Melchionia, Co-Chair, Wildlife Task Force, advised that the majority ofthe
Task Force agreed that the issue of deer in the City of Roanoke will eventually have
to be dealt with, which is a cultural issue. He called attention to problems with
damaged shrubbery, animal waste on lawns, and browse lines up to four to six feet.
He advised that the Wild Life Task Force supports culling of the herd as an option.
Herbert Berding, 2814 South Jefferson Street, member of the Wild Life Task
Force, advised that the deer population in Roanoke has grown over the last three
years, which is a problem that not only exists in Roanoke but throughout the United
States. He stated that the deer population can double in seven years, which has
already happened in Roanoke; and several accidents have occurred as a result of
Roanoke's deer population. He stated that it is incumbent upon City government to
protect the property of Roanoke's citizens, and called attention to the environmental
impact created by the deer population, such as overgrazing, over browsing, loss of
habitat for all shrub nesting birds and wild life, destruction to the point of extinction
in certain areas of the southeastern United States of wild flowers, and an increase
in disease as a result of deer tick and feces. He encouraged the City to act on the
deer issue by culling the deer population, and advised that other methods such as
transporting deer from one area to another and birth control are costly, ineffective
and unreliable methods to address the problem.
Discussion by Council:
Impact of deer over population in an urban area, loss of landscaping,
problems associated with loss of bird nesting habitat, loss of rare
native plant species, spreading of disease, and vehicle accidents.
Sharp shooting is the most efficient and humane way of dealing with
the problem over a short period of time.
Any ordinance should be drafted to clarify that bird feeding is not
prohibited.
It will be necessary to use protective locations that would not be in the
line of site of any dwelling, without the express written permission of
the resident, owner of the property, etc.
Sharp shooters operate from a stand 25 - 35 feet in the air, shooting
down against a mound of earth.
,.-".,",.
193
There would be an advantage to using hunting organizations in the
Roanoke Valley with the proper credentials to address the issue, in
accordance with established criteria by the City.
The City Managerwas requested to submit her recommendation; whereupon,
on the behalf of the City Manager, Mr. Truntich advised that if Council, as a whole,
determines that the City of Roanoke has reached its cultural capacity in terms of
addressing the deer conflict issue, the City Manager recommends proceeding with
the sharp shooting alternative, whether it be by an outside consultant, an internal
body, or a third party local hunting group.
There was discussion with regard to the number of deer that need to be
harvested annually; whereupon, the City Manager advised that the City has no
statistical numbers reflecting the exact deer population, statistics are available that
show the rate of accidents involving deer, but no statistics are available indicating
the incident of property damage. She stated that City staff is basing its
recommendation on meetings, public forums, citizen complaints, etc., and it appears
that in some areas of the City the cultural capacity for addressing the deer over
population issue has been reached.
During a discussion of the matter, it was explained that only accident data as
reported to the Police Department is available, a considerable amount of damage
goes unreported at private residences where shrubbery, trees, or other foliage is
damaged; and the City is not in a position to produce hard data that relates to a
particular accident threshold in terms of numbers or losses, which is the reason it
is important to rely on the term "cultural threshold of tolerance or intolerance".
The City Manager advised that if Council is convinced that it is time to take
action, City staff recommends the sharp shooter approach which will involve
consultation with the City Attorney to address liability issues.
The following statistics on deer-related accidents were reported:
1999 - 22
2000 -14
2001 - 28
2002 - 31
"."'. .,.,....--"..,
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During a discussion of the recommendation, some members of Council
expressed concern that there should be a comparison of measures and standards
enacted by other communities, and a determination should be made as to whether
Roanoke's accident ratio is comparable to other communities that have chosen this
course of action. Disappointment was expressed that the consultant and the City
administration have spent money, taken time, involved citizens, and are now
advising that it is up to the Council to determine whether the City of Roanoke has
reached a cultural tolerance or intolerance. It was stated that Council should have
received more information and a firm recommendation from the City Manager, as
opposed to citizen complaints about damaged shrubbery, etc., and there should be
more natural conversation networks throughout the Roanoke community.
Mr. Cutler moved that the City manager be instructed to proceed with a deer
population reduction program for the City of Roanoke and submit a detailed plan of
action to the Council. The motion was seconded by Mr. Bestpitch and unanimously
adopted.
TREES: The City Manager introduced a briefing on the City's Urban Forestry
Plan.
Helen Smythers, Urban Forestry Planner, presented the following highlights
ofthe Plan:
Vision 2001-2002 states that, "Trees and other vegetation represent
both an environmental resource and an important landscape feature in
the quality of life in the City."
The Roanoke Valley's tree canopy decreased from 40 per cent in 1973
to 35 per cent in 1997.
The City of Roanoke tree canopy was identified as 32 per cent in 1997.
The Comprehensive Plan also states that, "Maintaining and increasing
the City's tree canopy will have a beneficial impact on air quality,
stormwater control, noise levels, temperature and visual appearance."
,.._1..0"'.
195
Trees provide canopy to improve fish and wildlife habitat, absorb
pollution, reduce soil erosion, increase tourism, provide shade and
reduce energy costs; Roanoke's trees absorb more than 948,000
pounds of pollutants from the air each year, Roanoke's trees have a
stormwater retention capacity of more than 64 million cubic feet. Trees
add unity, identity, and pride to the community, increase property
values, and provide buffers from harsh urban landscapes.
The tree canopy goal for a healthy community is 40 per cent of land
area and the City of Roanoke's tree canopy is 32 per cent of land area;
Roanoke's urban forestry staff plants 200 trees per year and removes
40 trees per year due to damage or disease and to stop the annual net
loss, it will be necessary to plant 400 trees per year instead of 200.
The City's goal is to increase the City's tree canopy from 32 per cent to
40 per cent, a 25 per cent increase is needed, and there are currently
17,000 street and park trees. To achieve a 25 per cent street and park
tree increase, 825 trees a year for the next ten years will need to be
planted.
There is a need for school, neighborhood and interest group
participation; funding through the City, grants, and business and
community partnerships; citizen donations to plant trees in honor or
memory of loved ones, or to celebrate special events; and site
prioritization (traffic corridors, residential areas, gateways and parks).
Recommendations:
Update the 1956 public tree ordinance
Continue to maintain plant and protect City trees using national
standards
Interdepartmental cooperation (example: consult with Engineering on
increasing the tree canopy with the Roanoke River Project)
Make sure trees are part of water, sewer and road improvements
196
Use community.based incentives and educational programs to
encourage every citizen to plant one tree in the next ten years
Use the Zoning Ordinance to preserve more trees during development,
encourage use of native species and increase tree canopy (for example,
trees in parking lots)
Large areas of forested land should be studied further and the
CITYgreen software and the City's GIS can help understand the
characteristics of these sites
A budget request has been made for the purchase and planting of more
trees; a grant from the Virginia Department of Forestry can fund needed
staff; the plan identifies stakeholders and time frames for
implementation and accountability; and community groups and
partners stand ready to help.
Council Member Bestpitch spoke in support of the recommendation to
increase the replacement of trees that are removed from public lands from 200 to
400 annually, and citizen donations to plant trees in honor or memory of loved ones,
or to celebrate special events by purchasing and donating a tree for planting on
public property, with a commemorative plaque or designation. He volunteered to
donate the first tree upon initiation of the program in memory of a loved one.
There being no further discussion, without objection by Council, the Mayor
advised that the briefing would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY COUNCIL: The City Manager submitted a communication
advising that the Budget Study Calendar previously adopted by Council for fiscal
year 2003-04 requires that two special meetings be held:
May 1, 2003 at 7 p.m. - Public Hearing on the
Recommended Fiscal Year 2003-04 City Budget, the
Recommended Fiscal Year 2003-04 HUD Budget, and
various local tax rates and fees
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197
May 12, 2003 at 9 a.m. - Adoption of the Recommended
Fiscal Year 2003-04 Budget and approval of required
budget ordinances and resolutions necessary for the
proper administration of the budget
It was further advised that Section 10 of the Roanoke City Charter requires
that Council officially call these special meetings at the dates and times specified;
therefore, the City Manager recommended that Council authorize Special Meetings
to be held on May 1, 2003, at 7:00 p.m. and May 12, 2003, at 9:00 a.m.
Mr. Carder offered the following resolution:
(#36283-042103) A RESOLUTION establishing the dates and times for two
Special Meetings of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 67, page 192.)
Mr. Carder moved the adoption of Resolution No. 36283.042103. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder and
Mayor Smith ----------------------.-........------------------------------.-......---------------------------7.
NA"S: NClI1El----............-.--------------------------.............------------------------------.0.
DONA TIONS/CONTRIBUTIONS-CITY PROPERTY: The City Manager submitted
a communication advising that the owner of property located at the corner of
Shenandoah Avenue and Westside Boulevard, Stevens Farm Trust, has offered to
donate to the City an adjacent parcel of land containing approximately .6 acre of
land; the property is located to the south of Strauss Park and would extend Strauss
Park to the adjacent roadway; the property is also wooded and is in keeping with the
City's Urban Forestry Plan to maintain as much tree canopy as possible, city wide;
if the land were to be developed, trees would most surely be removed; and estimated
additional maintenance costs are minimal.
The City Manager recommended that she be authorized to accept the donation
of property identified as Official Tax No. 2732301, subject to satisfactory
environmental site inspection, and to execute any and all documents, to be approved
as to form by the City Attorney, which are necessary to effect a transfer.
,.,~.__...
198
Mr. Cutler offered the following resolution:
(#36284"()421 03) A RESOLUTION accepting the donation of a .6 acre parcel of
property, located at the corner of Shenandoah Avenue and Westside Boulevard,
identified by Tax Map No. 2732301, from the Stevens Farm Trust, and expressing
appreciation for such donation.
(For full text of Resolution, see Resolution Book No. 67, page 194.)
Mr. Cutler moved the adoption of Resolution No. 36284-042103. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYS: None----------------------------------------------------------------------------------------..().
POLICE DEPARTMENT-BUDGET-DRUGS/SUBSTANCE ABUSE: The City
Manager submitted a communication advising that in 1991, the Virginia General
Assembly passed State legislation allowing local law enforcement to seize and have
forfeited property connected with illegal narcotics distribution; the law also makes
it possible for police departments to receive proceeds from forfeited properties; and
application for an equitable share of the property seized by local law enforcement
must be made to the Department of Criminal Justice Services, Forfeited Asset
Sharing Program, and certified by the Chief of Police.
It was further advised that property, including funds shared with State and
local agencies, may be used only for law enforcement purposes; program
requirements mandate that funds be placed in an interest bearing account and
interest earned will be used in accordance with program guidelines; and revenues
totaling $13,274.00 have been collected and are available for appropriation in Grant
Fund Account Nos. 035-640-3302-3300 and 035-640-3302-3299.
It was explained that in 1986, Congress authorized the transfer of certain
Federally forfeited property to State and local law enforcement agencies that
participated in investigation and seizure ofthe property; application for an equitable
share of property seized by local law enforcement must be made to the U. S.
Department of Justice and certified by the City Attorney; and the property, inclliding
funds shared with State and local agencies, may be used only for the purpose stated
..~-,..,.".
199
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 and investigative
funds, offsetting 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, and grant requirements state that the funds
must be placed in an interest bearing account, with interest earned be used in
accordance with program guidelines; and revenues totaling $11,793.00 have been
collected and are available for appropriation in the Grant Fund, Account Nos. 035-
640-3304-3305 and 035-640-3304-3306.
The City Manager recommended that Council appropriate $13,274.00 to the
Grant Fund, Overtime Wages, Account No. 035-640-3302-1003, and increase the
Grant Fund revenue estimate for Account No. 035-640-3302-3300 by $13,004.00 and
Account No. 035-640-3302-3299 by $270.00; and appropriate $11 ,793.00 to the Grant
Fund account for Investigations and Rewards, Account No. 035-640-3304-2150, and
increase the Grant Fund revenue estimate for Account No. 035-640-3304-3305 by
$11,736.00 and Account No. 035-640-3304-3306 by $57.00.
Mr. Bestpitch offered the following budget ordinance:
(#36285-042103) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 195.)
Mr. Bestpitch moved the adoption of Ordinance No. 36285"()421 03. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Sm ith -------------------------......-----..-----------------------------------.....--------------7.
NAYS: N one--------------------------..----------------------------------...-...---------------0.
...---....
200
REPORTS OF COMMITTEES:
BUDGET -SCHOOLS-cMERP: Acommunication from the Roanoke City School
Board requesting appropriation of $1,558,495.00 in Capital Maintenance and
Equipment Replacement Funds for the following, was before Council.
replacement of school copier equipment and administrative technology
equipment,
purchase of site-based instructional technology equipment,
replacement of six school buses,
purchase of a special education transportation vehicle,
purchase offacility maintenance equipment, and improvements to the
Human Resources Office, and additional construction cost of the
transportation facility.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Dowe offered the following budget ordinance:
(#36286..Q421 03) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 196.)
Mr. Dowe moved the adoption of Ordinance No. 36286..Q42103. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith ________..______________________________________________----------------------------------7.
NAYS: None--------------------------------------------------____________________________________.0.
.-....--"
201
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY COUNCIL: As a result of the Council's Closed Session which was held
earlier in the day, the Mayor announced that it is the unanimous consensus of the
Council that Beverly T. Fitzpatrick, Jr., will be appointed in the near future as a
Member of the Roanoke City Council, to fill the unexpired term of William H. Carder,
ending June 30, 2004, upon receipt of Mr. Carder's formal resignation, and Mr.
Fitzpatrick is expected to take his seat on the Council at the regular meeting on
Monday, May 19, 2003.
ACTS OF ACKNOWLEDGMENT-COUNCIL: The Mayor displayed an Easter
greeting card from former Council Member and Mrs. Robert A. Garland which
included a photograph of the Garland family in 1953. He expressed appreciation to
Mr. and Mrs. Garland for all they have done for the City of Roanoke, and extended
belated Easter greetings to all citizens of the Star City.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
REFUSE COLLECTION: Mr. David Gresham, 5260 Cross Bow Circle, Roanoke
County, expressed concern with regard to debris along the banks of the Roanoke
River and debris in trees, which is an eye sore in an area that serves as a community
focal point.
ARMORY/STADIUM-SPECIAL EVENTS: Mr. Chris Craft, 1501 East Gate
Avenue, N. E., encouraged Council Members and citizens of Roanoke to attend the
Franklin Graham, Southwest Virginia Festival, to be held on May 2 - 4, 2003, at the
City of Salem Stadium.
"._~._..,
202
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Mr. E. Duane Howard, 508
Walnut Avenue, S. W., commended the Members of Council upon its impending
election of Beverly T. Fitzpatrick, Jr., to fill the unexpired term of Council Member
William H. Carder.
COMPLAINTS-PARKS AND RECREATION-TREES: Mr. E. Duane Howard, 508
Walnut Avenue, S. W., called attention to parked vehicles on the grounds of Jackson
Park, and requested that the City Manager address the matter before further damage
is done to ground cover and historic trees.
CITY MANAGER COMMENTS:
CITY GOVERNMENT -NEWSPAPERS: The City Manager presented copy of the
Roanoke Citizen Magazine which will be delivered to the homes of Roanoke's
citizens, and advised that the magazine is an important edition in terms of detailing
the City of Roanoke's excellence as a community.
At 5:20 p.m., the Mayor declared the meeting in recess for two closed
sessions.
At 6:00 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, except Council
Members Carder, Harris and Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Bestpitch and Mayor Smith-----------4.
NAYS: None---------------------------------------------------_____________________________________.0.
(Council Members Carder, Harris and Wyatt were not present when the vote was
recorded.)
...-........
203
OATHS OF OFFICE-COMMITTEES-JUVENILE CORRECTION FACILITIES: The
Mayor advised that there is a vacancy on the Roanoke Valley Juvenile Detention
Center Commission, to fill the unexpired term of Glenn D. Radcliffe, resigned, ending
June 30, 2006; whereupon, he opened the floor for nominations.
Mr. Bestpitch placed in nomination the name of Vickie L. Price, Acting Director
of Social Services.
There being no further nominations, Ms. Price was appointed as a member to
the Roanoke Valley Juvenile Detention Center Commission, to fill the unexpired term
of Glenn D. Radcliffe, resigned, ending June 30, 2006, by the following vote:
FOR MS. PRICE: Council Members Cutler, Dowe, Bestpitch and Mayor
Smith--------------.-.--------------------------....-----------------------....----------------------....-------4.
(Council Members Carder, Harris and Wyatt were not present when the vote was
recorded.)
At 6:05 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m.,
in the City Council Chamber.
At 7:00 p.m., on Monday, April 21 , 2003, the Council meeting reconvened in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson
Harris, Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K.
Smith---------.----------------.--------------..-------------...-----------------------------.-..---------------7.
ABSENT: None---------.---------------.---------------..------------------------------..----------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
....~-
204
The invocation was delivered by Vice-Mayor Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS: The Mayor advised that
Shining Star Awards are presented to persons who go above and beyond the call of
duty to be of service to their fellowman and woman and to their community; and on
behalf of the Members of Council, he was pleased to present awards to Ms. Vicki
Wert and Mr. Alan Gleiner.
The Mayor stated that Ms. Wert, a teacher at Patrick Henry High School, has
great teaching skills and a passion for helping others; her method of teaching may
seem odd to others, but those who encounter her on a daily basis know the true
benefits of having a teacher like her. All of her students are eager to attend class,
they pay attention to details, and she is an inspiration to others.
The Mayor advised that Mr. Gleiner has been involved in transportation
planning issues in the Roanoke Valley for many years, he is a producer at WDBJ-TV-
Channel 7 and graciously volunteered his time, talent and community contacts to
provide a permanent record of the visit to Roanoke by Ian Lockwood, a nationally
recognized traffic consultant. He stated that because of Mr. Gleiner's contribution,
the citizens of Roanoke will be able to better understand the benefits of traffic
calming and City staff will be able to renew their skills on how to implement changes
in the City of Roanoke.
PROCLAMATIONS-BICYCLIST: The Mayor presented a Proclamation declaring
the month of May 2003 as Bike Month.
PUBLIC HEARINGS:
SCHOOLS: Pursuant to Section 9-20.1 Public hearing before appointment of
School Board Members, Code of the City of Roanoke (1979), as amended, the City
Clerk having advertised a public hearing for Monday, April 21, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, to receive the views of citizens with
regard to School Board applicants, the matter was before the body.
Advertisement of the public hearing was published in The Roanoke Times on
Friday, April 11 , 2003, and in The Roanoke Tribune on Thursday, April 17 , 2003.
...-.,., "",.,,
205
The Mayor advised that on July 1, 2003, there will be three vacancies on the
Roanoke City School Board for terms ending June 30, 2006, and at its meeting on
Monday, April 7, 2003, Council selected the following persons to receive the public
interview on Thursday, April 24, 2003, commencing at 4:30 p.m., in the City Council
Chamber:
Dennis Binns
F. B. Webster Day
Tiffany M. Johnson
Gloria P. Manns
Kathy G. Stockburger
David B. Trinkle
The Mayor inquired if there were persons in attendance who would like to
speak to the candidacy of the above listed applicants; whereupon, the following
persons spoke:
Ms. Carol Brosh, 2250 Westover Avenue, S. W., spoke in support of the
candidacy of F. B. Webster Day, who has been a great asset to the School Board.
She stated that Mr. Day is committed to public schooling as evidenced by the fact
that he has three sons who have, or are currently, attending public schools in
Roanoke City; he is an insightful, critical thinker who asks the right questions, he
does his homework on issues, he knows how to get to the crux of a problem, he is
a creative thinker who offers workable and practical solutions, he is fair and open
minded when considering the plight and opinions of others, he understands the
fiscal as well as the scholastic implications of decisions that come before the
School Board, and he is his own person and not afraid to ask tough questions or
make difficult decisions. She advised that Mr. Day is the kind of person who is
needed on Roanoke's School Board and urged that he be reappointed for a full three
year term of office.
Mr. Sherman Lea, 1638 Lonna Drive, N. W., spoke in support of the candidacy
of F. B. Webster Day. He advised that having previously served on the School
Board, he worked with Mr. Day on a number of important issues. He stated that Mr.
Day is a committed, dedicated and knowledgeable School Board member; public
education is in a critical stage throughout the country; school boards are being
called upon to make critical decisions, and in doing so it is incumbent upon
governing bodies to appoint School Board members who are good critical thinkers.
He called attention to the need to continue to upgrade salaries for all school
'--
206
employees, upgrading Roanoke's two high schools, a seventh period day for the
high schools, and school safety, all of which are important issues that school
boards across the country are facing. He referred to past efforts of Mr. Day involving
school safety, the student drop out rate, and upgrading teacher salaries, and
encouraged Council to reappoint Mr. Day to a full three year term of office on the
School Board.
Ms. Karen Pillis, 2719 Richelieu Avenue, S. W., endorsed the candidacy of
Kathy Stockburger in order to ensure that Roanoke's public schools continue to
grow and to improve during this time of economic challenge. She advised that Ms.
Stockburger was educated in the Roanoke City Public Schools, her children
attended Roanoke City schools where they grew and matured, both through a strong
academic curriculum and through a wide variety of extra curricular activities; Ms.
Stockburger has been active in her children's schools, Parent Teacher Associations
and governing and advisory boards; she volunteers for both classroom and
committee work; she has the ability to listen to many sides of an issue, sift through
the conflicting data, and make informed thoughtful consensus building decisions;
she possesses great leadership skills as demonstrated through her professional life
and her service to the community; her leadership ability is derived not just from her
ability to form consensus, but also from the amount of positive proactive energy she
brings to each endeavor; and her greatest asset is a clear understanding ofthe need
for public schools to serve all children in the City of Roanoke with the same
standards of excellence.
Mr. George Anderson, 2412 Stanley Avenue, S. E., endorsed the candidacy of
Kathy Stockburger as an exceptionally qualified candidate for the School Board. He
advised that he has worked with Ms. Stockburger in various capacities when she
chaired and served on committees, she has been an effective teacher, a follower,
and a leader; she exhibits exceptional organizational abilities and sensitivity; she
assisted her church with an effective strategic plan; and her work as a consultant
for businesses and agencies, public and private, and her experience in mediation
and conflict resolution, as well as strategic planning, have earned for her a
reputation as someone who can bring people together with divergent views and with
conflict to overcome difficulties, establish consensus, and establish direction. He
stated that Ms. Stockburger has a passion to help all children in the public school
system, particularly those who are disadvantaged; therefore, she would be an
exceptional candidate for the School Board.
.~.,~..,
207
Ms. Arlene Riley, 2615 Stanley Avenue, S. E., endorsed the candidacy of Kathy
Stockburger to the Roanoke City School Board. She advised that Ms. Stockburger
is a powerful advocate for Roanoke's children and its schools; and she would bring
the following strengths to the School Board: organizational skills, leadership
experience and skills, conflict resolution skills, and personal dedication and
commitment to Roanoke's schools.
Anita Price, 3101 Willow Road, N. W., President of the Roanoke Education
Association (REA), representing approximately 700 educators of Roanoke City public
schools, endorsed the candidacy of Gloria Manns and Kathy Stockburger. She
advised that an objective of the REA is to advocate for children and for public
education, and to aid in the decision making process regarding educational issues;
therefore, the REA believes that these two candidates would be excellent assets to
the Roanoke City School Board and would cooperate with all involved interests of
children and stakeholders of public education.
Mr. Eugene Elliott, 2720 Rosalind Avenue, S. W., endorsed the candidacy of
David Trinkle, a geriatric psychiatrist who is highly respected in his field. He advised
that Dr. Trinkle currently has two children in the Roanoke City Public Schools, he
has been involved in community service by serving as President of Mill Mountain
Zoo, the Grandin Theatre fund raising campaign; a Junior Achievement volunteer in
the Roanoke City school system, and a member of the site based council for Crystal
Spring Elementary School. He stated that Dr. Trinkle brings a practical background
to education; in his practice as a geriatric psychiatrist, he supervises a department
and is involved in management on a daily basis, he routinely deals with budgets and
organizational matters, and he has shown interest in public schools by seeking out
administrative staff and offering suggestions. He advised that Dr. Trinkle would be
a valuable addition to the Roanoke City School Board.
Dr. Elizabeth Lee, 4833 West Hill Drive, S. W., Past Principal of Patrick Henry
High School, endorsed the candidacy of Gloria P. Manns for reappointment as a
Trustee to the Roanoke City School Board. She called attention to Ms. Manns past
experience as a School Trustee, including the position of School Board Chair; she
is a graduate of Roanoke City schools, a counseling professional in private practice
who owns her own business, and the parent of two graduates of Roanoke City
schools. She referred to Ms. Manns strengths and wisdom in dealing with difficult
challenges; she is positive, professional and creative in problem solving; she has
no private agenda, but a desire to promote the welfare of Roanoke City school
,...~--'
208
students; she will be equitable and caring about all youth in Roanoke's schools; she
is not afraid of hard work, or long hours or the demands of making difficult
decisions; she will uphold strong academic standards of learning; she understands
the value of counseling services, co-curricular development, student health issues,
safety concerns and budget issues; and she will do her utmost to be an informed
advocate of Roanoke's youth. She urged that Council reappoint Ms. Manns to the
School Board for a second three year term.
Ms. Allison Allsbrook, 4429 Rosecrest Road, S. W., endorsed the candidacy
of David Trinkle in his efforts to become a member of the School Board. She called
attention to numerous attributes of Dr. Trinkle that will enable him to be an asset to
the School Board; he has a strong commitment to his work as a geriatric
psychiatrist; not only is his intelligence evident, but the compassionate way that he
works with patients and their families has enhanced the lives of countless people;
in addition, his teaching and lecturing have helped to build a bridge of
understanding regarding the unique challenges that older people and their families
face; and his commitment to and interest in his children will help to make him a
strong advocate for all children in Roanoke City. She referred to Dr. Trinkle's
unwavering dedication to Roanoke and his efforts to make Roanoke a better place
to live and work; he brings a common sense approach that is essential in dealing
with issues of education; he has empathy and compassion to work with people from
all different walks of life; he has the intelligence to see and understand complex
problems, and the wisdom and perseverance to find workable solutions. She
advised that allowing Dr. Trinkle to serve his community as a member of the School
Board will be a gift to the children of Roanoke City and to those who value the
education of children above all else.
Ms. Brenda Hale, 3595 Parkwood Drive, S. W., endorsed the candidacy of
Gloria Manns for another term on the Roanoke City School Board. She advised that
Ms. Manns has a long history of working with numerous organizations striving for
better education of Roanoke's youth by creating an environment of inclusiveness;
she is a highly skilled and professional social worker, a pioneer in the Roalloke
Valley and a role model with a hallmark of success; she stands ready to serve with
qualifications that are evident; and she has been an asset to the Roanoke City
School Board and will continue to make a difference in the lives of Roanoke's
children.
,~.,...""
209
Mr. H. Clark Curtis, 1309 Guilford Avenue, N. W., endorsed the candidacy of
Gloria Manns for reappointment to the Roanoke City School Board. He stated that
Ms. Manns brings leadership skills, organizational skills, a calm level-headed
demeanor, her social work and mental health background will add to her ability to
thoroughly assess all situations, she has a good relationship with the Roanoke
Education Association, she has the ability to think "outside of the box" in all
situations, she is an independent thinker but also a team player, she is a product of
the Roanoke City Schools, and her children graduated from Roanoke's school
system.
Mr. Kenneth Robinson, 2120 Broadway Avenue, S. W., endorsed the candidacy
of David Trinkle. He advised that Dr. Trinkle is highly energetic, highly motivated,
and exceptionally well organized; he is the father of two children currently enrolled
in the Roanoke City School system; he is extensively involved in the community,
including a founding member of the Grandin Theatre Foundation, and a Past
President of Mill Mountain Zoo; his psychiatric training provides the background for
good listening skills and the ability to respond to and evaluate differing viewpoints;
and he has been chosen to fill leadership positions in medical and community
organizations.
Mr. David Hill, 2416 Wycliff Avenue, S. W., endorsed the candidacy of David
Trinkle. He advised that Dr. Trinkle has held numerous leadership positions; he has
dedicated his career to working with senior citizens, many of whom suffer from
dementia, and without his expertise many persons in the Roanoke Valley would have
to do with less able medical assistance. He stated that appointment of Dr. Trinkle
to the School Board will ensure that Roanoke's children will be the beneficiaries of
his life long commitment to education.
Mr. Ray Douglas, 3316 Kershaw Road, N. W., endorsed the candidacy of Gloria
Manns for reappointment to the School Board. He referred to her excellent
coordinating and organizing abilities, leading to productive and successful
conclusions. As School Board Chair, he stated that she has provided the leadership
to make all members feel included in the process; she has strong leadership and
organizational skills, she operates a private counseling service and manages by
objectives; she is a product of the Roanoke City Public Schools and serves as an
outstanding role model.
'~.~_....
210
There being no further speakers, the Mayor declared the public hearing
closed.
Without objection by Council, the Mayor advised that all comments would be
received and filed.
STREETS AND ALLEYS-YMCA: 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 21, 2003, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the YMCA of Roanoke Valley, Inc., that a ten foot
wide alley extending in a westerly direction for 110 feet, more or less, from 5th
Street, S. W., lying between parcels of land identified as Official Tax Nos. 1113417-
1113419, inclusive, and 1113422 - 1113425, inclusive, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 4, 2003 and Friday, April 11 , 2003.
The City Planning Commission submitted a written report advising that the
petitioner requests closure and vacation of the paper alley in order to construct a
family recreational facility.
The City Planning Commission recommended that Council approve the
request.
Mr. Carder offered the following ordinance:
(#36287..Q42103) AN ORDINANCE permanently vacating, discontinuing and
closing a certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 198.)
Mr. Carder moved the adoption of Ordinance No. 36287.042103. The motion
was seconded by Mr. Cutler.
Daniel F. Layman, Jr., Attorney, appeared before Council in support of the
request of his client.
._h.~...
211
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
Mr. Bestpitch advised that his spouse is employed by the YMCA of Roanoke
Valley, Inc.; whereupon, the City Attorney stated that there is no conflict of interest
and Mr. Bestpitch could cast his vote on the item currently under consideration and
the next item on the agenda.
There being no questions/discussion by Council, Ordinance No. 36287 -042103
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Sm ith--------------------------..--.-----------------------...-----..---------------------....--7.
NAYS: N one--------------------..-.-.------------------.--....-------------------------..---------0.
CITY PROPERTY-YMCA: Pursuant to action of the Council, the City Clerk
having advertised a public hearing for Monday, April 21, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to proposed conveyance of
City-owned property located at 540 Church Avenue, S. W., identified as Official Tax
No. 1113414, to the YMCA of Roanoke Valley, Inc., upon certain terms and
conditions, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 11 , 2003.
The City Manager submitted a communication advising that the YMCA of
Roanoke Valley, Inc., a non-profit organization, has expressed an interest in
acquiring the property on which the Jefferson Gym is located; the YMCA is in need
of a new facility to accommodate its expanding number of programs and to replace
the YMCA's existing facility; and the Agreement as proposed by the YMCA specifies
that the City of Roanoke transfer title to the YMCA, upon certain conditions.
It was further advised that ifthe YMCA obtains the Jefferson Gym, it will make
available some of its resources to Roanoke's youth, including staff and various
fitness and safety programs, which will benefit and support the recently developed
Roanoke Youth Initiative Program.
"'~,*""""",-"
212
The City Manager recommended, following the public hearing, that she be
authorized to execute an Agreement to be approved as to form by the City Attorney
and any other documents necessary to implement terms of the Agreement.
Mr. Dowe offered the following ordinance:
(#36288..Q421 03) AN ORDINANCE authorizing the City Manager to execute an
agreement, deed and any related and necessary documents providing for the
conveyance of City-owned property located at 540 Church Avenue, S. W., and
bearing Official Tax No. 1113414, to the YMCA of Roanoke Valley, Inc., upon certain
terms and conditions; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 200.)
Mr. Dowe moved the adoption of Ordinance No. 36288..Q42103. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, William Zazynski, Branch Director,
Central YMCA, spoke in support of the conveyance of City owned property to the
YMCA.
There being no further speakers, the Mayor declared the public helo1ring
closed.
There being no questions/discussion by Council, Ordinance No. 36288..Q421 03
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Smith-------------------------------------------------___________________________________________7.
NA"l): N()I1El--------------------------------------------------________________________.______________0.
TREES-COMMUNITY PLANNING: Pursuant to action of the Council, the City
Clerk having advertised a public hearing on Monday, April 21 ,2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to an amendment to
Vision 2001-2020, the City's Comprehensive Plan, to include the Urban Forestry Plan,
the matter was before the body.
"'_..._*'
213
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 4, 2003, and Friday, April 11 , 2003.
The City Planning Commission submitted a written report recommending that
Council adopt, as an element of Vision 2001-2020, the Urban Forestry Plan, as
amended.
Mr. Cutler offered the following ordinance:
(#36289.042103) AN ORDINANCE approving the Urban Forestry Plan, and
amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Urban
Forestry Plan; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 201.)
Mr. Cutler moved the adoption of Ordinance No. 36289..Q42103. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Charles Blankenship, Technical Advisor
to the Urban Forestry Task Force, presented highlights of the City's Urban Forestry
Program.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no further discussion, Ordinance No. 36289.042103 was adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
an d Mayor Sm ith -------------------------------------------------------..--------------------------------- 7.
NAYS: None----------------.-----------------------------.-.-------------------------------------..Q.
CABLE TELEVISION: Pursuant to action of the Council, the City Clerk having
advertised a public hearing for Monday, April 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of Roanoke with
regard to a proposed six-month extension of the Cable Television Franchise
Agreement with CoxCom, Inc., d/b/a Cox Communications Roanoke, the matter was
before the body.
..______-., ,..,. , ....__0;"....'.
214
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, April 7, 2003, and Monday, April 14, 2003.
The City Manager submitted a communication advising that the City of
Roanoke granted a non-exclusive Cable Television Franchise to Cox Cable Roanoke,
Inc., predecessor in interest to CoxCom, Inc. d/b/a Cox Communications Roanoke
(Cox), pursuant to Ordinance No. 30479-42291, adopted on April 22, 1991; the
Franchise was embodied in a Cable Television Franchise Agreement between the
City and Cox dated May 1, 1991, and will expire on April 30, 2003; similar agreements
were entered into among Cox and the County of Roanoke and the Town of Vinton;
and representatives from the three jurisdictions and Cox have been negotiating
terms and conditions of a renewal of the Franchise Agreement.
It was further advised that while there have been productive meetings among
the staff of the three jurisdictions and Cox, additional meetings and revisions to the
documents are needed in order to reach a final set of documents that can be
recommended to City Council, the Roanoke County Board of Supervisors, and
Vinton Town Council; therefore, it is in the best interest of all parties to extend the
current Franchise Agreement with Cox for a period of six months in order to
complete the negotiation process.
The City Manager recommended that Council adopt an ordinance extending
the current Franchise Agreement between the City and Cox for a period of six
months, which will expire on October 31, 2003, or until a renewal Franchise is
executed and approved, whichever occurs first.
Mr. Dowe offered the following ordinance:
(#36290-042103) AN ORDINANCE extending the term of a certain Cable
Television Franchise Agreement, dated May 1, 1991, between the City and CoxCom,
Inc. d/b/a Cox Communication Roanoke, upon certain terms and conditions; and
dispensing with the second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 203.)
Mr. Dowe moved the adoption of Ordinance No. 36290.042103. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
,..._,...~...
215
There being none, he declared the public hearing closed.
There being no questions/discussion by Council, Ordinance No. 36290..Q421 03
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
an d Mayor Sm ith-.-..-----.--.--.---........-..---...-------..-..-------------------------------------------7.
NAYS: N one....-.--.--------------------------------------------------------------------------------0.
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, April 21,2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to amendment to Section 36.1-690, General authority and
orocedure, Chapter 36.1, Zonina, Code of the City of Roanoke (1979), as amended,
to provide for reconsideration by Council of a petition to rezone pursuant to Rule 10,
Section 2-15, Rules of orocedure, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 4, 2003, and Friday, April 11 , 2003.
A report of the City Planning Commission advising that the proposed
amendment eliminates a perceived conflict between a procedural section of the
zoning ordinance and the rules of procedure of Council as set forth in the City Code;
Rule 10, Reconsideration of auestions, of Section 2-15, Rules of orocedure, provides
that any member of City Council voting with the majority on a question may move for
a reconsideration of the question at the same meeting or a succeeding meeting;
Section 36.1-690(i) of the City Code provides that having once considered a petition
to rezone, City Council may not reconsider substantially the same petition for one
year; a recent decision by a Circuit Court Judge in the City of Roanoke invalidated
Council's reconsideration pursuant to Rule 10 of a rezoning petition; and in setting
aside Council's unanimous decision to grant the petition, the judge ruled that such
a reconsideration was prohibited for one year by Section 36.1-690(i) of the City Code,
was before the body.
It was further advised that the proposed amendment will permit
reconsideration by Council of any rezoning petition, as long as such reconsideration
occurs pursuant to Rule 10 of Section 2-15, Rules of orocedure, of the City Code.
The City Planning Commission recommended that Council adopt the
proposed amendment.
~..~--
216
Mr. Bestpitch offered the following ordinance:
(#36291..Q421 03) AN ORDINANCE amending and reordaining fi36.1-690,
General authoritv and Drocedure, of Division 5, Amendments, of Article VII,
Administration, of Chapter 36.1, Zonina. of the Code of the City of Roanoke (1979),
as amended, to provide for reconsideration by City Council of a petition under Rule
10 of Section 2-15, Rules of Drocedure; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 204.)
Mr. Bestpitch moved the adoption of Ordinance No. 36291.042103. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/discussion by Council, Ordinance No. 36291..Q42103
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
and Mayor Sm ith---------------------------------------------------_________________________________________7.
NA'fl): NClI1El-----------------------------------------------------------------------------------------0.
SEWERS AND STORM DRAINS-EASEMENTS: Pursuant to action of the
Council, the City Clerk having advertised a public hearing for Monday, April 21 ,2003,
at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a
proposal to vacate a sanitary sewer easement across property located on Hidden
Oak Road, S. W., identified as Official Tax Nos. 5050220 - 5050222, inclusive, upon
request ofthe property owners, in order to facilitate development ofthe property, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, April 11 , 2003.
The City Manager submitted a communication advising that the owners of
property located on Hidden Oak Road, S. W., Official Tax Nos. 5050220, 5050221,
and 5050222, have requested that the City vacate the sanitary sewer easement;
"._j."...."
217
Baron Enterprises of Virginia, Inc., owner of Lots 1 and 2, and James and Carol
Sexton, owners of Lot 3, have requested vacation inasmuch as the existing sewer
easement will interfere with development of the parcels of land; and the subject
easement is no longer needed since the sanitary sewer located in the easement has
been relocated to the public street right-of-way of Hidden Oak Road and the plat has
been reviewed by and is acceptable to the City Engineer.
The City Manager recommended, following the public hearing, that she be
authorized to execute the appropriate documents vacating the existing sewer
easement; and owners of the property will be responsible for preparation of all
necessary documents, to be approved as to form by the City Attorney.
Mr. Cutler offered the following ordinance:
(#36292-042103) AN ORDINANCE authorizing vacation of a sanitary sewer
easement across property identified by Official Tax Nos. 5050220, 5050221, and
5050222, and more commonly known as 3121, 3125 and 3129 Hidden Oak Road,
S. W., upon certain terms and conditions; and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 205.)
Mr. Cutler moved the adoption of Ordinance No. 36292-042103. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter.
There being none, he declared the public hearing closed.
There being no questions/discussion by Council, Ordinance No. 36292..Q421 03
was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Harris, Wyatt, Bestpitch, Carder
an d Mayor Sm ith-------.-..-------------------...---------------------...----------------------....---------7.
NA"l): NClnEl-----------------------------------------------------------------------------------------0.
~'----_.. .
218
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
POLICE DEPARTMENT -ANIMALS/INSECTS-BUDGET -COMPLAINTS-FIRE
DEPARTMENT-TAXES: Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed
Council on behalf of senior citizens who will be impacted by proposed tax increases
in the City's fiscal year 2004 budget, and advised that the budget needs scrutiny as
it relates to senior citizens.
She expressed concern with regard to the remarks of several citizens at the
Monday, April 7, 2003 Council meeting in which it was reported that a dog was shot
by a City Animal Control Officer; however, no referral was made by Council to the
City Manager for report. (It was pointed out by Council Member Bestpitch that
matters requiring referral under Hearing of Citizens are automatically referred to the
City Manager for report.)
Ms. Davis inquired if plans for Roanoke's fire stations, predominately those
fire stations located in the black neighborhoods, will be presented as a part of the
Council's fiscal year 2004 budget public hearing on Thursday, May 1, 2003, at
7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center.
POLICE DEPARTMENT-BUDGET-CITY COUNCIL-CITY EMPLOYEES: Mr.
Robert Gravely, 3360 Hershberger Road, N . W., expressed concern with regard to
the community in general and the City of Roanoke as a whole. He stated that
Council Members should serve on a full-time basis in order to fully understand the
needs of the City. He referred to "big city crime" in the City of Roanoke on a "small
time" pay scale. He expressed concern with regard to the City Manager's
recommendation to eliminate City work force jobs in order to balance the fiscal year
2004 budget, the plight of the poor and disadvantaged in Roanoke, and the need to
create more job opportunities for Roanoke's citizens which will lead to a decrease
in crime.
ACTS OF ACKNOWLEDGMENT -CITY EMPLOYEES-GRANTS-ROANOKE
NEIGHBORHOOD PARTNERSHIP: Mr. Carl Cooper, 2001 Angus Road, N. W., advised
that the Roanoke Neighborhood Partnership Steering Committee nominated Mr. Alan
Gleiner to receive the Shining Star Award in recognition of his assistance in
providing a permanent record of the visit to Roanoke by Ian Lockwood, a nationally
"...........,......,
219
recognized traffic consultant. He expressed appreciation to the City Manager for
allowing City staff to work with the Roanoke Neighborhood Partnership Steering
Committee regarding the use and application of grants for training in connection
with community needs.
At 8:35 p.m., the Mayor declared the meeting in recess until Thursday, April 24,
2003, at 4:30 p.m., in the City Council Chamber, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., for six interviews for appointments to the Roanoke City
School Board.
Monday, April 21, 2003, regular meeting of Roanoke City Council which was
recessed until Thursday, April 24, 2003, was called to order at 4:30 p.m., in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor Ralph K. Smith---------6.
ABSENT: Council Member William H. Carder------------------------------------------1.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Kathy G. Stockburger, F. B.
Webster Day, David B. Trinkle, Tiffany M. Johnson, Dennis M. Binns and Gloria P.
Manns.
The invocation was delivered by Mayor Smith.
The Pledge of Allegiance to the Flag ofthe United States of America was led
by Mayor Smith.
SCHOOLS: The Mayor advised that on June 30, 2003, the three year terms of
office of F. B. Webster Day, Gloria P. Manns and Marsha W. Ellison as Trustees of
the Roanoke City School Board will expire; Ms. Ellison is ineligible to serve another
term inasmuch as she has served three consecutive three-year terms of office; and
the purpose of the reconvened meeting is to interview six candidates for the three
positions on the Roanoke City School Board for terms of office commencing July 1,
2003, and ending June 30, 2006.
220
He further advised that past actions of the Council to comply with the School
Board selection process include:
At regular meetings of the City Council held on January 21 and
February 3, Council announced its intention to elect Trustees to the
Roanoke City School Board for terms commencing July 1, 2003.
Advertisements were placed in The Roanoke Times and in The Roanoke
Tribune inviting applications for the vacancies. Nine applications were
received in the City Clerk's Office prior to the deadline on Monday,
March 10,2003.
At the regular meeting of City Council on March 17, 2003, at 2:00 p.m.,
Council reviewed and considered all applications.
At the regular meeting of City Council on Monday, April 7, 2003, at
2:00 p.m., Council voted to interview Dennis M. Binns, F. B. Webster
Day, Tiffany M. Johnson, Gloria P. Manns, Kathy G. Stockburger, and
David B. Trinkle for the three vacancies.
A notice was published in The Roanoke Times inviting attendance at a
public hearing to be held by City Council on Monday, April 21, 2003, at
7:00 p.m., to receive the views of citizens regarding School Board
applicants, and further inviting the public to submit proposed questions
to the candidates by filing such written questions in the City Clerk's
Office; however, no questions were submitted.
The Mayor explained that the selection process provides that Council will
publicly interview each candidate separately and out of the presence and hearing of
the other candidates; and the following interviews have been scheduled:
4:30 p.m.
5:00 p.m.
5:30 p.m.
6:00 p.m.
6:30 p.m.
7:00 p.m.
Kathy G. Stockburger
F. B. Webster Day
David B. Trinkle
Tiffany M. Johnson
Dennis M. Binns
Gloria P. Manns
, .,,-....M.4........
221
The Mayor pointed out that each candidate will be given the opportunity to
make an opening statement of not more than five minutes; and thereafter, Council
may ask such questions as the Council, in its discretion, deems advisable.
He advised that Council will hold six interviews and each interview will consist
of approximately 30 minutes; after each interview has been completed, the candidate
may leave the Council Chamber inasmuch as no action will be taken by the Council,
and all interviews will be taped by RVTV Channel 3 to be televised on April 29 at
9:00 a.m. and 8:00 p.m., and April 30 at 11 :00 a.m. and 9:00 p.m.
In conclusion, the Mayor advised that at the regular meeting of Council on
Monday, May 5, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard,
Council will hold an election to fill the three vacancies on the Roanoke City School
Board for terms commencing July 1, 2003, and ending June 30, 2006.
The first Derson to be interviewed was Ms. Kathv G. Stockburger.
Ms. Stockburger expressed appreciation forthe opportunity to be interviewed.
She asked, what happens when a child from a public housing project is challenged
and given a strong academic and social foundation by her local public schools, what
is the result when this child is encouraged to excel far beyond her perceived means
and the expectations of the community, and what impact does this have on the child
and on the community. She stated that these are not rhetorical questions, but
pertain to her and her four brothers who grew up in the Lansdale Public Housing
Project in Norfolk, Virginia, and attended Norfolk City Schools from first grade
through 12th grade. She further stated that she was gifted with two parents who,
although they could not provide a lot of material wealth for their family, did provide
a huge amount of support for the learning that was required in school and that
foundation prepared her to attend college to the doctoral level. She advised that she
is committed to public schools and would like to return the investment; she has
three children who grew up in Roanoke City Schools from kindergarten through 12th
grade; they have attended colleges throughout the state; she is proud of the
foundation that was laid for her children; and she and her husband have always
considered themselves to be partners in their children's education and did not
expect the school system to be solely accountable for their success. She added that
her involvement in the Parent Teacher Associations, the classroom, and boards of
organizations which collaborate with the City schools have provided her with a wider
view of the school system and an appreciation for the complexity of issues that
public schools face. She called attention to at least three constants about schools;
I,;
222
i.e.: everyone has a "gripe", everyone is an expert, and everyone has been a student
at some point. She stated that her experience has made her aware of certain general
areas where Roanoke's schools might improve; i.e.: a continuing need to ex!'and
access and opportunities to all children as realistic options; a need to continue to
explore how poverty impacts student success; and the expectation that parents,
guardians and extended family members must be involved in the education process,
with the provision of realistic avenues for parental involvement. She stated that she
does not have an agenda, but comes with an open mind, a reputation as an
independent thinker, 30 years of professional experience working with non-profit
organizations; strategic planning, board development and conflict resolution are
three areas in which she has particular expertise; and her diverse experiences and
ability to deal with all kinds of people will be an asset to the School Board. She
added that issues to be addressed by the School Board will often be difficult and
frequently unpopular with some, but reaching reasonable decisions, after becoming
well informed, will go far in avoiding damage control because the buck stops with
the School Board. She called attention to the importance of the School Board and
Council working together as partners and never losing sight of the fact that all ~heir
work is devoted to the student, and the partnership circle must widen to include
faculty, administration, parents, guardians and the community. She addressed the
need to hold one another accountable for their respective functions in the school
system, whether it be students, teachers, administrators orthe School Board whose
primary concern is to govern.
Mr. Bestpitch advised that since he would be leaving the meeting following the
third interview, out of fairness to all applicants, he would not ask questions.
Dr. Cutler asked the following question:
When you became interested in applying for the School Board, you must have
had something specific in mind that caused you to take on this major responsibility.
What kind of issues, potential changes, or emphases do you have in mind alter a
certain period of time, in order to assess your level of success?
Ms. Stockburger advised that she has a great deal of energy that will be
directed in general toward improving Roanoke's current school system, and not
remaking something from the ground up. She stated that her children have gone
through the Roanoke City Public Schools, she has been impressed with their level
of education, although that is not to say there is not room for improvement; and she
does not have a personal agenda, but she has certain ideas that she would like to
, "...-.... ..."~.,
223
explore, one of which is more involvement by parents and guardians in the learning
experience. For example, she stated that she grew up in a housing project and one
of the reasons that mothers did not attend parent-teacher conferences was because
they did not have the proper clothing, therefore, the question is, how do we make it
more comfortable and accessible for parents, grandparents and extended families
who need to be involved in the learning experience by providing a realistic and non-
threatening environment. She called attention to the need to raise recognition
among parents and students as to programs that currently exist and recruitment for
participation in programs with vacancies, all of which can be done through better
communications. She stated that enhanced communication on all levels is an
improvement that is needed.
Vice-Mayor Harris asked the following question:
What are your thoughts relative to student discipline which is an issue of
classroom management and parental comfort in sending children to public schools?
Ms. Stockburger advised her thoughts on the subject crystallized more clearly
earlier today upon hearing the tragic news of a death in Pennsylvania where an
eighth grade student shot the principal and himself, which is not necessarily a
discipline issue, but there is sometimes a tendency to lump all school violence
issues into the category discipline, and the teacher is often held accountable for
disciplining the student. She stated that when a random act of violence occurs,
whether it be in the school or on the street corner, the first thought is to separate
what is actually a discipline issue from something that is either larger or smaller,
then communicate clearly to all stakeholders as to the appropriate limits. She
advised that the model should be through parenting and if there is a consequence,
all parties should know what the consequence is in order to fairly implement the
consequence; if consequences vary in different schools and at different levels ofthe
school division, it is difficult to be fair; therefore, there is a need for clarity of
expectation and consistency in implementation relating to disciplinary issues.
Ms. Wyatt asked the following question:
Do you think the current process of using the City's Audit Departmp-nt is
effective, or would it be more beneficial for the School Board to employ its own
outside independent auditors?
224
Ms. Stockburger advised that several improvements can be made in the way
that audits are performed, but whatever improvements are enacted, there must be
clear lines of communication between the School administration, the School Board
and the Council than currently exist, and stakeholders should not read about issues
in the newspaper, but should be briefed early on. She called attention to the need
to look at the advantages and disadvantages of several different methods to audit;
however, whatever direction is chosen, it is not so much a question of whether a
change is needed in the way audits are conducted, but should a more fundamental
change be made in the way issues are communicated to the public.
Mr. Dowe asked the following question:
What are the qualities of a good School Superintendent?
Ms. Stockburger responded that a good Superintendent is an individual who
is willing to work collaborativelywith all involved parties in the educational process,
which is the one way to ensure success. She stated that a person can collaborate
if they can communicate openly and effectively with all parties and if decisions are
made that do not have their preferred outcome. She added that the partnership
between the Superintendent, the School Board and the Council is critical, because
without being able to collaborate, a lot of energy and money will be expended, while
not reaching a level of excellence in education. She stated that other qualities of a
good school superintendent would include intelligence, the ability to problem solve
creatively, and a person who is thrifty.
The Mayor asked the following question:
Some previous School Boards have been more of a "rubber stamp" body than
persons who are willing to contribute their individual views. What are your thoughts
on the subject?
Ms. Stockburger advised that she works with non-profit organizations,
involving strategic planning and board development, and a board's role is to govern
and to set policy which is a difficult and sometimes unpopular job, and all parties
should have the self assurance that it is acceptable to disagree as long as positions
are justified. She added that another way to enhance a board, working together as
a team, is to provide a venue in which people feel comfortable in a formal setting of
disagreeing with respect. She called attention to her background in conflict
resolution and noted that an element to resolving conflict is to identify issues,
.".~,.,".._"
225
because sometimes solutions are formed before issues are clearly articulated, which
is a waste of time and money. She stated that it would be hoped that a board could
work together, disagree, but clearly identify the issues and the necessary outcomes,
because if the School Board looses sight of the interest of the student, all is for
naught. She advised that the student should be the focus or the crystallizing point
for divergent views that need to be negotiated.
The second Derson to be interviewed was F. B. Webster Day
Mr. Day advised that public service can impact on family life and personal
employment; he has a law practice that provides the flexibility to serve on the School
Board, along with law partners who value public service. He stated from 1997 to
2000, he served on the School Board, and following his departure from the Board,
he continued to be interested in the education of Roanoke's children; he served as
a site based counselor at Patrick Henry High School, on the School Board's Safety
Advisory Committee, and in 2002, he was appointed to fill the unexpired term of
Sherman Lea, the rationale being that someone with experience would be able to be
of immediate help to the School Board; and he is now seeking reappointment for a
full three year term. He referred to the range of opportunities and challenges that
the School Board will face over the next three years; i.e.: the relocation of the
Roanoke Academy of Mathematics and Science to its new facilities, the renovation
of Patrick Henry High School in 2004, graduating seniors will be the first class to be
required to meet stricter diploma requirements that were instituted with the
Standards of Learning, the likelihood that State funding for public education will be
less than adequate requiring the School Board to continue to stretch the dollar and
to work with Council to ensure that programs are adequately funded and employees
are adequately, fairly and competitively paid, and schools must be fully accredited
under the Standards of Learning accreditation by 2007. He stated that he is seeking
reappointment to the School Board in order to be a part of these exciting and
challenging times.
Dr. Cutler asked the following question:
226
How can the relationship between the School Board and City Council be
optimized?
Mr. Day stated that historically the relationship between the two bodies has
been good, although there is always room for improvement; and both Council and
the School Board have worked well in the past, along with the two administrations,
which is something that the citizens of Roanoke should be proud of. He stated that
the joint workshops between Council and the School Board have been beneficial, the
"buddy system" has worked well and should continue, and serving on the
Legislative Committee has provided him with good insight into the matters that
Council attempts to address.
Vice-Mayor Harris asked the following question:
What are your thoughts relative to the issue of student discipline?
Mr. Day stated that schools are basically safe places, however, it is necessary
that the schools not only be safe, but be perceived as safe, particularly with budget
issues and those hard decisions that have to be made regarding student resource
officers and the best way to deploy scarce resources. He stated that it is a struggle
to maintain uniform, but fair application of the standards of expectation relating to
classroom discipline; and both teachers and principals must have the authority to
deal with discipline problems.
Ms. Wyatt asked the following question:
Do you think that the current process of using the City's Audit Department is
effective, or would it be more beneficial for the School Board to employ its own
outside independent auditors?
Mr. Day responded that the current process is effective and has worked well;
in the past; the process has provided both the School administration and the School
Board with much needed information about how things can be done better; and
audits have uncovered certain things that should not have happened. He stated that
under the current audit process, when a draft audit report is prepared, the Freedom
of Information Act requires the draft audit become public, while in certain instances
it may be premature for the document to become public at that point.
. ,,-......'"
227
Mr. Dowe asked the following question:
Describe the qualities of a good School Superintendent.
Mr. Day called attention to the number of hats that a School Superintendent
is expected to wear; i.e.: cheerleader, administrator, educator, and direct seven
School Board members at the same time. Therefore, he stated that the position calls
for a person who is dedicated to public education with the skills to articulate their
vision.
Dr. Cutler asked the following question:
What is your perspective on the value of the career technical education
curriculum in Roanoke's high schools? Can the curriculum be improved or
strengthened?
Mr. Day advised that career technical education in the school system,
although a necessary component, may not be right for every child. He called
attention to the need for a public relations campaign in order to overcome the
perception that career technical education is strictly vocational education, when, in
fact, courses include high tech material. He referred to the Blue Ridge Technical
Academy which is an innovative program and with the decrease in funding, the
School Board is trying to keep the program intact. He advised of the need for
balance in any type of vocational education and the desire to educate students
leading to gainful employment, and while the school system should not teach to the
test in pure academic areas, it should also resist the temptation to train just for the
local job market. He stated that his philosophy is that the school system should
train and educate students so that they can go anywhere in the world and seek
employment, which will favorably reflect on the City's economic development by
encouraging businesses to locate and to fill jobs in Roanoke, as well as other
opportunities. He stated that the training and the base knowledge must exist in
order to encourage students to become life-long learners.
Mayor Smith asked the following question:
My life experiences have taught me that whether it be a corporate board, a
Council or a School Board, the best way to have success is to bring a number of
bright minds together, each willing to express their individual views and
philosophies, and out of that comes greater success. Please elaborate on that
statement.
228
Mr. Day concurred in the Mayor's statement and advised that when there are
people who are willing to listen before they talk, who are willing to talk and advance
their views, and where there is honest give and take communications, progress will
be made. He stated that during discussions with fellow School Board members,
different points of view will be expressed, however, it is critical that School Board
members feel free to communicate in a free flowing give and take environment.
Ms. Wyatt asked the following question:
What is your perception of the relationship ofthe School Superintendent with
his central staff, administrative staff, building administrators, teachers and support
staff?
Mr. Day stated that the Superintendent sets the tone, delegates and oversees
responsibilities, therefore, the buck stops with the Superintendent in the chain of
command; and it is imperative that central administrators be intelligent, hard-
working and provide support to the Superintendent, particularly in a school system
as large as Roanoke's with its varied responsibilities and programs. He referred to
the quality of staff in central administration and building operations, all working in
conjunction with a Superintendent who oversees the entire operation. He stated that
the relationship between the Superintendent, central staff, administrative staff,
building staff, teachers and support staff is good, the Superintendent has set a good
example, his input and response to the Standards of Learning by requiring biennial
plans was a positive move, and there are always issues that need to be worked out,
but overall, relationships with the School Superintendent are good.
Mayor Smith asked the following question:
Sometimes there are good relationships and sometimes there are success
relationships, which are defined in different ways. I am not hearing enough
divergent views from the present School Board. What is your reaction to this
statement?
Mr. Day stated that divergent views are expressed at each School Board
meeting; however, when the School Board speaks, it can only speak with one voice,
since a four to three vote wins as much as a seven to zero vote; therefore, when the
School Board sets policy, which is its primary purpose, it speaks with one voice.
229
The third Derson to be interviewed was David B. Trinkle
Dr. Trinkle advised that it was a great honor and pleasure to apply for a
position on the School Board; and he applied for the position out of a desire to
participate more actively in his community, but specifically in the School system
which is Roanoke's greatest asset. He stated that any School system, teachers,
administrators, students, and parents, are at the core of the success, and provide
the vitality and growth of any community; and fortunately Roanoke City Council is
aware of the value of the School system and has actively supported Roanoke's
School system in many ways. He advised that he did not apply for appointment out
of a sense that something is wrong with the School system, but with a desire to
improve on current successes. He stated that he is fully aware of the many
challenges facing Roanoke's school system, such as budget needs, funding
cutbacks, safety and violence, child health issues, longer school days versus year
round school, continued implementation of standardized testing, adequate athletics
and facilities, new performance assessment models, salaries, benefits, special
needs, gifted programs, and the list is ongoing. He added that he hopes to bring a
new face with a strong background in medicine, psychiatry, mental health, teaching
and administration to the School Board; and specifically, he would like to help the
School Board to be more open, to communicate with citizens more effectively, and
to improve morale among those employed in the School system. He stated that one
of the greatest challenges facing the School system and the School Board today is
the need to foster and to promote the diversity and innovative programming found
in Roanoke's School system in the face of standardized requirements without
creating disparities among different schools; to encourage early faculty
development programs and to assure that assessment tools for students and faculty
alike are generated and interpreted the same throughout the school system. He
listed credentials that will help him to be a good School Board member; i.e.: Medical
Director at Carilion Center for Healthy Aging, an active participant in budget issues,
development of new system wide programs and evaluation of existing programs, a
member of several committees for the health system, liaison for physicians,
administrators, patients and families, an active participant in Carilion's medical
education program through teaching, developing curriculums, developing and
implementing standardized assessment tools for students and faculty, medical
research and writing, grant writing, faculty development, and a regional and national
speaker at numerous accredited programs and medical education programs. He
stated that the success of these programs lies in the ability to bring people together
from different aspects of a larger system; to value their input and to coordinate goals
and objectives of each program; to implement effective teaching and to
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evaluate outcomes so as to improve future programs. He added that these
experiences will set him apart from other candidates and serve him well as a
potential School Board member; in addition, he stated that he has served on and led
numerous community and professional organizations in the Roanoke Valley and
elsewhere; he has been involved in major capital campaigns, an active role in his
state professional society required ongoing work with legislators, administrators,
professionals and Virginia consumers of care as well as citizens; and his role as
listener, effective communicator and a person who would bring different voices to
the table in order to make difficult but sound decisions would serve him well as a
member of Roanoke's School Board. He explained that he is currently involved in
the School system through the Crystal Spring Site Based Council and as an active
parent in his child's education; he is aware of many of the issues currently facing
the school system and could become familiar with School Board issues quickly if
appointed; he is excited and enthusiastic about the prospects of joining the School
Board; he is prepared for the time commitments, hard work, and difficult decisions
that will be required; and he will be dedicated to being available and to listening to
the voices from all diverse and varied aspects of the School system and the
community at large.
Vice-Mayor Harris asked the following question:
What are your thoughts with regard to student discipline in the Roanoke City
Public Schools relative to classroom management, and the parental comfort level
in sending children to City schools?
Dr. Trinkle advised that concerns have centered around implementing
discipline fairly and uniformly, which is difficult because every case is different in
terms of the called for disciplinary measure and the child's behavior. He stated that
educating parents and teachers can be effective, and interpretation ofthe rules and
guidelines regarding discipline for principals should be effectively and uniformly
implemented among the various schools. He added that discipline could also relate
to a child health issue and in some instances may require further testing, special
needs, and the availability to intervene either medically or behaviorally in terms of
repeated behavior. In summary, he stated that it is important to interpret and to
enforce discipline in a uniform and consistent manner and to provide the level of
education and support that families need.
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Ms. Wyatt asked the following question:
Do you think that the current process of using the City's Audit Department is
effective for the school system, or would it be more beneficial for the School Board
to employ its own outside, independent auditor?
Mr. Trinkle advised that he would need more information in order to respond
to the question appropriately.
Mr. Dowe asked the following question:
What are the characteristics of a good school superintendent?
Dr. Trinkle advised that a good superintendent should be a well-educated and
experienced individual who has had experience with school systems and in the
administration of school systems, who has an awareness of the size and type of
school system existing in Roanoke, as well as an awareness of the Roanoke Valley
and the community at large. He stated that he would favor a person who is
personable, who is available, who has good listening skills, who is a good
communicator and lets one know where he or she stands on an issue.
Dr. Cutler asked the following question:
What is your view of the relationship of the School Superintendent and the
School Board? How would you obtain additional information beyond that which is
given to you by the Superintendent and his immediate staff? Do you see
opportunities to get feedback from parents, teachers, citizens, etc.?
Mr. Trinkle advised that as a result of previous experiences on other boards,
he has found that allied organizations, some with very different interests but serving
similar circumstances, can be influential in gaining additional information. He stated
that he was not aware any venue for this purpose, although he would value input by
the Roanoke Education Association as a learning resource. He called attention to
his involvement with other organizations within the school system, such as Parent-
Teacher Associations and similar organizations.
232
Mayor Smith asked the following question:
My experience in life has been, whether it be a corporate board, or City
Council, or the School Board, when bright people come together and each are
willing to express their individual views, out of the process comes ideas and
proposals. There have been hints in the past that some School Boards have been
"rubber stamp" bodies. What are your views?
Mr. Trinkle stated that with the quality of people currently serving on the
School Board and the quality of applicants under consideration, new members
would be brought together with different backgrounds, interests and ideas, and by
communicating around concerns, consensus will be reached. He added thai it is
hoped that the School Board would be more than just a "rubber stamp"; and a good
School Board member requires energy, enthusiasm and education in order to learn
about issues and the position of those outside the school system. He stated that a
lot of time is required to serve on the School Board, the School Board deals with
many complicated issues and the Board should not rebel rouse or create issues, but
should be available, noticeable and seek out information to reach decisions that are
not perceived as a "rubber stamp". As a School Board member, he added that it
would be exciting to serve as a liaison with other parts of the school system and to
learn about other issues.
Ms. Wyatt asked the following question:
What is your perception ofthe relationship ofthe current Superintendent with
his central administrative staff, building administrators, teachers, and support staff?
Mr. Trinkle advised that he had heard concerns regarding site based
administration which is not completely centralized, and there can be disparities on
interpretation, benefits, time off, outcomes, portfolios, teacher assessment tools,
and budget decisions among the different schools, which could lead to morale
issues among employees. He stated that site based management creates innovative
programs and diversity; however, there should be some assurance that there are no
great disparities among facilities or teachers.
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The fourth Derson to be interviewed was Ms. Tiffanv M. Johnson
Ms. Johnson advised that she is a City resident and a registered voter and she
is seeking a position on the School Board because of her love of education and her
concern for students and staff.
Ms. Wyatt asked the following question:
What is your perception of the relationship of the Superintendent with his
central administrative staff, building administrators, teachers, and support staff?
Ms. Johnson called attention to an incident regarding school transportation
that was satisfactorily addressed by the Superintendent and the administrative staff.
Mr. Dowe asked the following question:
What are the characteristics of a good School Superintendent?
Ms. Johnson stated that the Superintendent should be a Roanoke City
resident; his credentials should be education-related and not political, with prior
experience working in a school system, and the Superintendent should maintain an
active role in the life of the community.
Dr. Cutler asked the following question:
What special interest or concern prompted you to seek a position on the
School Board?
Ms. Johnson responded that teacher preparation and credentials are
important issues, along with the hiring process, and accountability within the school
system.
Vice-Mayor Harris asked the following question:
What are your thoughts with regard to student discipline?
Ms. Johnson advised that acceptable guidelines should be provided
throughout the school system and provided to parents and guardians.
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Mayor Smith asked the following question:
If you could change one thing about Roanoke's school system to better
prepare our young people for the job market, what would you change?
Ms. Johnson responded that there should be more co-op programs working
in conjunction with the schools; and students would learn more and be more prone
to stay in school if a hands on approach between consumers and employers is
encouraged.
At 6:10 p.m., Council Member Dowe left the meeting.
The fifth Derson to be interviewed was Mr. Dennis M. Binns:
Mr. Binns advised that he applied for the School Board not because of the
prestige that the position carries, but out of a genuine interest to suggest changes
in Roanoke's current educational system. He stated that he moved to the Roanoke
area out of concern for his daughter who believed that her children were not
grasping the primary skills of mathematics, reading and writing offered by
Roanoke's school system; and he has been tutoring his grandchildren since his
arrival. He called attention to concerns expressed by other parents who are
unhappy with the school system, therefore, he took a proactive approach and b..gan
meeting with other parents and teachers to discuss issues such as safety and police
presence in the schools, lack of communication between teachers and parents,
parental involvement, and the teaching curriculum. He called attention to two
programs used by other schools around the country which are dramatically
improving test scores and encouraging children to learn; i.e.: Hooked on Phonics
and Where There is a Will There is an A, and if elected to the School Board, he would
encourage the School administration to look at these programs as learning tools for
Roanoke's school system. He stated that Roanoke should benchmark with other
localities in order to draw a consensus as to what is working throughout the nation;
communication is important because rules and procedures that are incorporated
into the school system are being interpreted differently by the schools; and the
Roanoke Education Association provides many years of experience in education and
the School Board should call on their expertise to strengthen school programs. He
advised that he is a "trouble shooter", he looks for weaknesses, wastes and
strengths in programs, then sets up a plan to build a formidable base through
research and networking to ensure that all areas are addressed before establishing
a plan of action. He added that he is detail oriented and results driven, he exhibits
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235
a hands on approach which is important to ensure that tasks are completed on time
and correctly, and he leaves projects and programs in a stronger and more efficient
condition than they were before his involvement. He advised that he retired from the
military in 1999, having performed various responsibilities such as support
manager, entertainment director, physical security director, drug testing director,
program manager, project manager, government liaison, multi-facilities director,
safety manager, and he currently serves as Project Coordinator for the City of
Roanoke in the Fleet Management Department. In conclusion, he stated that the
School Board is accountable not only to the City Council, but more importantly to
the parents and students of the school system; it is the School Board's duty to
ensure safety and to provide a strong curriculum and sound education for the future
leaders of the country.
Vice-Mayor Harris asked the following questions:
What characteristics would you look for and value in a School
Superintendent?
Mr. Binns advised the School Superintendent should be deeply involved in
education, with a Masters Degree in a field of education; and the individual should
be concerned about students, the curriculum, and willing to look at the entire school
system with an eye toward improving test scores.
What are your thoughts in the broad area of student discipline?
Mr. Binns stated students need to know that the school administration is
concerned about their safety, there should be police presence or security in the
schools, teachers should have better control over students, and parents should be
more actively involved in disciplining their children.
Dr. Cutler asked the following question:
As a School Trustee, how would you stay well informed? Would you settle for
information provided by the Superintendent and the immediate staff, or would you
have other ways to find out what is going on within the school system? Would you
visit the classroom, would you find ways to communicate with teachers and parents,
what sources of information would you seek to become a well informed School
Board member?
1,1
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236
Mr. Binns stated that he would talk with the school administration, but his
primary focus would be on parents, teachers, and students who have the highest
level of concern. He advised that he would also seek information via the Internet,
the public library, Parent-Teacher Associations, and the Roanoke Education
Association.
Ms. Wyatt asked the following question:
What is your perception ofthe relationship ofthe School Superintendent with
central administrative staff, building level staff, administrators, teachers, and
support staff?
Mr. Binns stated that he is not familiar with any of the relationships; however,
if appointed to the School Board, he would address uniformity of procedures and
regulations throughout all of Roanoke's schools.
Mayor Smith asked the following question:
What one thing would you prefer to change in order to better prepare
Roanoke's young people to enter the world and the job market?
Mr. Binns advised that he would work to improve the curriculum in order to
formulate a plan to improve test scores so that by the time students reach their
senior year in high school, they would have a valid selection of colleges to choose
from in order to further their education:
The sixth and final Derson to be interviewed was Ms. Gloria P. Manns:
Ms. Manns advised that she is seeking reappointment to the School Board out
of an interest to pursue academic excellence for all students; and Roanoke's
schools and principals are working diligently with the Central Council PTA to
increase parental involvement, as well as community involvement in the schools on
an ongoing basis. She stated that she has the ability to hear what is not being said;
to ensure that all children experience a sense of inclusion which will enhance their
ability to excel in meeting their educational goals; and many children are bused to
different neighborhoods and it is important that they feel they are a part of the
learning environment. She added that Roanoke City has a very good school system,
but there is always room for improvement; she has had the privilege as a School
Board member and as a therapist to offer her services to the school system as
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237
Chairman of the Board during the past year; she is an independent thinker who
possesses the ability to think "out of box"; she is a team player; as Chairwoman,
she has involved School Board members in strategic activities by employing the
expertise of individual Board members; and she has tried to maintain a calm and
open environment in an effort to learn from each other and to mature as School
Board members, while respectfully agreeing to disagree. She stated that she has
enjoyed a positive and respectful relationship with the School Superintendent; and
she has benefited from the "buddy" system between Council and the School Board.
She called attention to a group of professionals that she was instrumental in
establishing, known as the Advocates, who address issues such as mental health
services, youth services, court services, social services, and the school system.
She stated that if reappointed to the School Board, she would like to continue to
look at the cultural diversity and socio-economic disparities in Roanoke's schools,
the recruitment of more minority teachers, because with 60 plus ethnic groups in
Roanoke's school system, there is a need for better representation; more internal
upward mobility of staff to administrative positions is needed; and the School
Board/Administration should continue to work toward improving Roanoke's School
system. She advised that a positive in being appointed to a School Board is the
opportunity to do what is "right" rather than what is "popular", and the position
allows School Board members to be less subjective and more objective in weiphing
the merits of issues.
Dr. Cutler asked the following question:
How can the relationship between City Council and the School Board be
optimized?
Ms. Manns called attention to the need for the two bodies to continue to work
together, and to listen to each other, to plan agenda items well in advance of joint
meetings, to continue to participate in the Council/School Board "buddy" system,
and to continue holding annual Council/School Board retreats.
Mr. Wyatt asked the following questions:
Do you think that the current process of using the City's Audit Department is
effective, or would it be more beneficial for the School Board to employ its own
outside independent auditors?
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238
Ms. Manns supported the current system which creates a certain amOU!lt of
objectivity and noted that if the School Board selected its own auditing firm, it could
be said that the firm was biased in its findings, which would defeat the entire
purpose of an audit. She stated that there is a good relationship with the Municipal
Auditor's Department and the School Board's Audit Committee.
What is your perception of the relationship of the Superintendent with central
administrative staff, building level administrators, teachers and support staff?
Ms. Manns advised that she has more knowledge of the Superintendent's
relationship with his central administrative staff where there appears to be a sense
of loyalty and a good working relationship.
Vice-Mayor Harris asked the following questions:
What qualifications would you look for in the selection of a School
Superintendent?
Ms. Manns called attention to the need to ensure that the person is
educationally proficient, can relate well to all four quadrants of the City, would
establish a good working relationship with the School Board, central administration
and building staff, etc., a clear vision that is not necessarily the total vision of the
School Board to ensure that Roanoke's children receive the best possible education,
seek out and apply innovative ideas for grant applications, and be open minded with
good people skills and community skills.
What are your views with regard to student discipline?
Ms. Manns advised that children do not learn unless they are in a clean and
safe environment and they want discipline and structure. She stated that
consistency in discipline is important; it is also important to look at the reasons for
discipline problems which could involve too many children in the classroom, does
the instructor need an assistant, what is going on in the child's home, an
understanding of the population that is served; and parents should be held more
accountable for the actions of their children. She advised that another contributing
factor is that schools are not open during evening hours and there may be a need
to flex the time of guidance counselors so that they are available to parents.
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239
Mayor Smith asked the following question:
If you could pick one thing you would change in the City's school system to
better prepare young people for the world of work, what would you change?
Ms. Manns stated that she would look at the more individualized needs of the
children, such as learning and social needs, in order to tap into individual strengths
that could lead to success for the child.
The Mayor advised that on May 5, 2003 at 2:00 p.m., or as soon thereaftdr as
the matter may be heard, Council will elect three Trustees to the Roanoke City
School Board for terms commencing July 1, 2003, and ending June 30, 2006.
There being no further business, at 6:45 p.m., the Mayor declared the meeting
adjourned.
APPROVED
ATTEST: ~
/1t. ~ t (~/.t-
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
~. ..
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240{A)
SPECIAL SESSION _m ROANOKE CITY COUNCIL
May 1, 2003
7:00 p.m.
The Council of the City of Roanoke met in special session on Monday, May 1,
2003, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road,
N. E., City of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Resolution
No. 36283.042103 adopted on Monday, April 21, 2003.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith-----------------------------------------5.
ABSENT: Council Members William H. Carder and C. Nelson Harris----------2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The 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.
BUDGET-COUNCIL-TAXES-HOUSING/AUTHORITY-SEWERS AND STORM
DRAINS-ROANOKE CIVIC CENTER: The Mayor advised that the special meeting was
called for the purpose of conducting public hearings on the recommended 2003-04
HUD funding budget, the recommended fiscal year 2003.04 City budget, proposed
changes in the City's sewer rates and proposed changes in local tax levies; i.e.:
admissions tax, E-911 surcharge and short term rental tax.
..~..."_..
240(8)
The Mayor advised remarks by speakers will be limited to three minutes each.
The Mayor announced that the first public hearing pertains to the HUD budget
which recommends an allocation of$4,028,637.00 in Community Development Block
Grantfunds, and HOME Investment Partnership and Emergency ShelterGrantfunds;
whereupon, he opened the floor for comments.
The City Clerk advised that no persons had signed up to speak to the item;
whereupon, the Mayor declared the public hearing closed.
The Mayor advised the next public hearing pertains to the recommended fiscal
year 2003-04 City budget, totaling $204.7 million; whereupon, he called upon the
following persons to speak:
Ms. Angela Norman, 1731 Michael Street, N. W., complimented the City
management team for its hard work in the budget preparation process. She stated
that as is the case with personal budgets, when needs exceed the supply of dollars,
additional revenues must be generated. She expressed concern for those citizens
who live on fixed incomes and their ability to pay the additional taxes that are
proposed by the City, and suggested that the City consider a discount plan for the
benefit of those citizens who cannot afford to pay the additional taxes. She
commended Council Members on their efforts to decrease the Council's budget;
however, the percentage of funds spent on local mileage or personal cellular
telephones for City business is only a fraction of the costs compared to the large
percentage of funds expended by the City to hire consultants. She thanked the City
Manager for not terminating any full-time City employees from their positions;
however, the proposed budget provides for a certain class of City employees to
receive additional compensation for specialized training and for participation in
community activities. She stated that it is important to remember that City
employees are public servants; the City Manager currently has the authority to
approve additional compensation for any City employee based on a Personnel
,..,~-_.,
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240( C)
Operating Procedure and the recommended 2004 budget provides another window
of opportunity for certain salaries to be compounded. She added that City
employees are fairly compensated for their work in remuneration and in benefits;
and a freeze should be imposed to eliminate future bonuses or other forms of
compensation, except merit pay increases, until the City is in a better financial
condition. In view of budget cuts, she inquired if it is feasible to continue the police
mounted patrol unit at this time.
Ray Leven, 4251 Lake Drive, S. W., President of the Roanoke Bar Association,
requested that the Roanoke Law Library be considered in the City's budget process
for additional funds. He advised that the Law Library is made up of a collection that
was donated to the City from the Roanoke Bar Association, and maintained by the
City in the Courts Building; and the Roanoke Bar Association has proposed to
donate $3,500.00 to support the collection, which, in the past has been supported
solely by court filing fees authorized by the General Assembly. He explained
thatfiling fees have decreased due to less litigation and requested that Council
consider augmenting the fees in the amount of $20,000.00 - $30,000.00 per year to
maintain the Law Library collection. He stated that if subscriptions are allowed to
expire, the Law Library collection will become obsolete; and the Roanoke Bar
Association has sent a resolution to the General Assembly requesting that filing fees
be increased to assist in maintaining the collection and the local Bar Association is
working with other Bar Associations throughout the Commonwealth of Virginia to
encourage an increase in the filing fees statewide, so that collections will be
properly maintained. He advised that the Law Library provides access to the courts
for the public; at this point, attorneys are no longer primary users of the Law Library;
many attorneys perform their research electronically; and the public, through the
small claims courts, is encouraged to take more responsibility and the Law Library
provides that avenue.
"'.............-.,
240(0)
Rodney Jordan, 1115 Patterson Avenue, S. W., representing firefighters and
paramedics, advised that the City Manager has proposed a reduction in fire se.vice
personnel; in 2003 budget study discussions, Council rejected a proposal of the City
Manager to cut three positions from Fire Suppression; however, for fiscal year 2004,
a different approach is proposed in which Council is requested to unfund six Fire
Suppression positions. He stated that the Fire administration has advised that it
intends to hire eight new recruits for the next recruit academy; however, if Council
rejects the unfunding of the six positions, 14 recruits would be hired for the next
academy. He advised that on April 7, 2003, Council approved approximately
$265,000.00 to proceed with relocation of No. 1 Fire Station, a project with an
estimated cost of $4.5 million; and the budget proposal suggests construction a
multi-million dollar facility, while proposing to cut the very positions that will be
housed in the facility. He asked the following question: When a Fire Department
operates at or near minimum staffing levels, what happens when personnel attend
mandatory training, use sick leave, have extended illness, retire or resign? He
responded that the answer to the question is: Fire companies are marked out of
service, and in recent months due to staffing inadequacies, apparatus have been
taken out of service for extended periods oftime, equipment has been manned with
a minimum of three personnel per rig, and part-time EMS employees have been
used to operate equipment. He stated that if citizens and businesses are the
employer, should they not be informed when fire protection is reduced because
there is not enough personnel to man the equipment; is a false sense of security
being created when citizens see equipment parked at a fire station, but there are no
personnel inside the station to respond to an emergency; and should signs be
posted on station doors to let citizens know when a fire apparatus is out of service.
In conclusion, he requested that Council reject the City Manager's proposal
to reduce the number of firefighters, or any public safety personnel, whether the
terminology is to "cut" or to "unfund" the position; that Council send a strong
message that public safety is a top priority, and any future recommendations
concerning staffing should be to strengthen, not weaken, essential services of Fire,
EMS, and law enforcement.
240(E)
Mr. E. Duane Howard, 508 Walnut Avenue, S. W. concurred in the remarks of
the previous speaker. He commended the Fire/EMS Department on the level of
service they provide for the citizens of Roanoke and spoke in support of a pay
increase for fire personnel. He asked that Council deny the City Manager's
recommendation to unfund the six positions.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed concern with
regard to tax increases and other taxes related to citizens living on a fixed income.
She asked that fire safety positions remain intact and that citizens be allowed more
Input into the budget preparation process before the fiscal year budget reaches the
public hearing phase, because under the current procedure, by the time citizens
address Council at the public hearing, the fiscal year budget has been established.
Ms. Zoe Hewitt-Stennett, 3531 Peters Creek Road, N. W., requested that no
positions be eliminated in public safety. She stated that the City's first priority
should be to its Fire Department, Police Department and Sheriff's Department.
Mr. Robert Gravely, 3360 Hershberger Road, N. W., addressed issues
regarding the use of taxpayers' dollars for new businesses, the City's high crime
rate, the need to improve Roanoke's neighborhoods, better pay for City employees
so that the average employee can afford to purchase a home, the need for more
programs leading to home ownership, and the hardship imposed on Roanoke's
elderly citizens who live on fixed incomes as a result of the tax increase for water
and sewage treatment.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that the safety of the
citizens of Lincoln Terrace be enhanced by Including funds in the 2004 City budget
for screen doors, and advised that a request has been previously submitted to the
Roanoke Redevelopment and Housing Authority without success. She called
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240(F)
attention to the importance of public safety positions; citizens of Roanoke should
be informed about the future of Roanoke's fire stations; and funds should be
included in the City's budget to fund a study by the Virginia Fire Association on the
City's proposal to close certain fire stations. She stated that a multiplex fire station
does not afford the level of safety that is necessary for the many sections of
Roanoke; and northwest Roanoke consists of an extremely large area and citizens
should be informed as to the location of a proposed new station. She stated that the
City's budget would be better used if existing fire stations are renovated and
manned with an adequate number of personnel.
There being no further speakers, the Mayor declared the public hearing
closed.
The Mayor spoke to the issue of expenses incurred by the Mayor's Office in
speech writing, cellular telephone and local mileage reimbursement. He stated that
the Council, acting as the Budget and Planning Committee, voted to reduce the
budget for professional speech writing to $2,500.00 per year and to eliminate
reimbursement for cellular telephone expenses and local mileage reimbursement
related to City business. He added that during his tenure as Mayor, he has spent
less funds on speech writing and local mileage reimbursement than previous
Mayors. He called attention to the precedent that has been set by the Council
because a future Mayor may not be in a financial position to pay his or her own
travel and cellular telephone expenses relative to City business.
The Mayor introduced the next public hearing with regard to proposed
changes to the City's sewer rates.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed concern with
regard to proposed increases in the sewer and water rates and the hardship that the
proposed increases will create for those persons living on a fixed income. She
stated that citizens know that money is required to operate the City, but there should
be a limit on what taxpayers are expected to fund. She advised that persons living
on fixed incomes will be taxed to the point that they can no longer afford to live in
the City of Roanoke.
240(G)
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that Council rescind
its previous action to appropriate funds for a branding initiative and allocate those
funds for the purpose of helping citizens pay for increased sewage treatment rates.
She stated that by treating its elderly citizens with respect and improving its
neighborhoods, the City of Roanoke will draw prospective new businesses and
young people to the area.
No other citizens wishing to be heard, the Mayor declared the public hearing
closed.
The Mayor advised the next public hearing pertained to changes in the
admissions tax, the E-911 surcharge, and the short-term rental tax.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., concurred in the remarks of
Ms. Bethel and Ms. McCadden. He, too, expressed concern with regard to imposing
additional taxes on persons living on a fixed income. He spoke specifically to the
E-911 surcharge on telephone bills which are already unaffordable for many citizens.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern with regard
to the proposed increase in taxes for admissions and the E911 surcharge. She
stated that an increase in the admissions tax will affect attendance at Roanoke Civic
Center events; and advised that the City of Roanoke is a beautiful city, but the cost
of living in Roanoke is becoming so high that citizens will begin to move to other
localities. She stated that instead of appropriating funds for a branding study, the
City should focus more on the kinds of actions that are necessary to attract new
people to the Roanoke Valley.
Mr. Kevin Jenks, 1516 Maiden Lane, S. W., advised that the proposed increase
in the admissions tax will cause irreparable harm to small businesses in downtown
Roanoke. He stated that young people are going elsewhere for entertainment
purposes, small bands that perform in downtown Roanoke night clubs are affected,
and because clubs are required to pay licensing fees, etc., club owners and
restaurant owners make very little profit from entertainment. He stated that since
September 11, 2001, and because of the threat of SARS and terrorism, less people
eat in restaurants which, in turn, affects the ability of restaurant owners to meet their
expenses.
."~,.......,,
_....'..m.....".,
240{H)
It was clarified that the proposed change in the admissions tax for private
businesses will represent a reduction from 6 per cent to 5.5 per cent; therefore, it is
not proposed to increase the admissions tax, although the City is required to hold
a public hearing on any proposed change.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no further business, the Mayor declared the meeting adjourned
at 7:50 p.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: /)
111 ~ J-f/tp. t.~
Mary F. Parker
City Clerk
,..~. T
240(1)
SPECIAL SESSION ---- ROANOKE CITY COUNCIL
May 1, 2003
7:50 p.m.
The Council of the City of Roanoke met in special session on Monday, May 1,
2003, at 7:50 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road,
N. E., City of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Resolution
No. 36283-042103 adopted on Monday, April 21, 2003.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith-----------------------------------------5.
ABSENT: Council Members William H. Carder and C. Nelson Harris----------2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
BUDGET -COUNCIL-TAXES: The Mayor advised that the purpose ofthe special
meeting was to receive the views of citizens on the City's real property tax rate. He
stated that the City Manager's proposed 2004 fiscal year budget includes a real
property tax rate of$1.21 per$100.00 of assessed value, which is the current tax rate
for fiscal year 2002.03.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with matter; whereupon, the City Clerk advised that no person
had registered to speak.
The Mayor declared the public hearing closed.
. ".-..............."
--...........,..'"
240{ J)
The Mayor advised that Council will convene in budget study session on
Wednesday, May 7, 2003, at 8:30 a.m., in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building; and Council will
reconvene in budget study session on Thursday, May 8, at 8:30 a.m., with the School
Board, followed by continuation of the Council's budget study session, with a goal
of sending the fiscal year 2004 budget back to the City Manager for any necessary
adjustments and for preparation of the appropriate measures for adoption by
Council on Monday, May 12, 2003 at 9:00 a.m., in the City Council Chamber.
There being no further business, the Mayor declared the special meeting
adjourned at 7:55 p.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: ~
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Mary F. Parker
City Clerk
..~.' .
240(K)
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
May 5, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, May 5,
2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, ,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193..Q10603 adopted on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday in
each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris, William D. Bestpitch, M. Rupert
Cutler and Mayor Ralph K. Smith ..-------------------------------------...---.--------------------------4.
ABSENT: Council Members Alfred T. Dowe, Jr., Linda F. Wyatt, and William H.
Card e r -----------------------------.----.......--------------------------------------.----.----------------------3 .
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
,. ~..........'......,~
'-"~",".......",.".--
241
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith-.----------4.
NA'(l): NCll1e---------------------------------------.-.---------------------.-.---.-----------------.-0.
(Council Members Dowe, Wyatt and Carder were not present when the vote was
recorded.)
ACTS OF ACKNOWLEDGEMENT -CITY COUNCIL: A communication from
Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to
discuss a special award, being the Shining Star Award, pursuant to Section 2.2-
3711(A)(10), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith.-.-.-.-----4.
NAYS: N one....-.-.----------------------------------------------------..--..-----------------------0.
(Council Members Dowe, Wyatt and Carder were not present when the vote was
recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific
legal matter requiring the provision of legal advice by counsel, being the terms and
conditions of a contract in negotiation, pursuant to Section 2.2-3711 (A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and MayorSmith------------4.
NA'(l): NClnEl-----------------------------------------------------------------------------------------0.
(Council Members Dowe, Wyatt and Carder were absent when the vote was
recorded.)
.....'''.'''-.,'-.-
242
At 9:05 a.m., the Mayor declared the meeting in recess.
The Council meeting reconvened at 9:10 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith
presiding, and all Members of the Council in attendance, except Council Member
Carder.
ACTS OF ACKNOWLEDGMENT: Gwin Ellis, Assistant to the City Manager for
Special Projects, introduced delegates from Legacy International's Community
Connection Program, which is a volunteer non profit organization, in association
with the International Trade Association of Western Virginia, and the Piedmont
World Council. She advised that the organization provides business opportunities,
training and citizens exchange for business managers, entrepreneurs, and local
government officials from 11 countries of the former Soviet Union. She stated that
the delegates are from Kyrgystan, Central Asia, and will observe the day-long
Council proceedings.
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET: NONE.
BRIEFINGS-TRAFFIC: The City Manager introduced a briefing on traffic
calming measures for Grandin Road, Memorial Avenue and Westover Avenue, S. W.;
whereupon, Robert K. Bengtson, Director, Public Works, described traffic calming
measureslimprovements, as follows:
. Grandin Road: The goal is to provide traffic calming by reducing
the actual and perceived street width of Grandin Road from
Memorial Avenue to Westover Avenue; the street is now 55 feet
wide and will be reduced to 22 feet at its narrowest point, which
is to be accomplished by widening the sidewalk along the west
side of the street and extending the curb into the street near the
street corners along the east side ofthe street, while retaining all
on-street parking; an area will be provided for truck loading; the
transit bus stop will be relocated to the next block; crosswalks
will be enhanced with a decorative treatment (brick imprint and
color); and turn lanes at the traffic signal will remain the same.
...~._."
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243
. Memorial Avenue/13th Street: The goal is to provide traffic
calming by changing how the lanes are striped on the pavement
from Grandin Road to Wasena Terrace; the traffic volume on
Memorial Avenue and 13th Street is within the range that can be
handled by two lanes instead of the four lanes that have been in
place; two bicycle lanes will be added and the one full-time
parking lane will be provided on the south side of the street;
work is to begin soon with the repaving of the street; staff has
studied the need for a traffic signal at the Memorial and Roanoke
Avenues intersection, but criteria have not been met and staff
will continue to study the area; the last two blocks of Memorial
Avenue, closest to Grandin Road, will not be changed and the
two blocks will require additional design work so that
improvements are more closely associated with Grandin Road
improvements.
Discussion by Council:
The unsightly barrels on Memorial Bridge should be
removed.
The City should take advantage of opportunities to install
bike lanes and apply appropriate stenciling to denote bike
lanes.
There should be a bike lane from the area to downtown
Roanoke and back.
Bicycle racks should be installed on the front of buses.
The appearance of the fencing at Virginia Heights
Elementary School should be improved. (The City
Manager advised that it would be appropriate, following
the briefing, to present the plans to the school
administration for input on ways to make the school more
attractive and to fit in with the new image.)
.-..-'..-......,..- ,."..-.-.--,.
-.." .
244
There is a need to improve the appearance of the
intersection at Memorial Avenue and Campbell Avenue.
(The City Manager advised of the need to beautify the
intersection through possibly purchasing right-of-way to
make certain improvements, and in the future, staff and
Council should review all gateways to the City, with a goal
of focusing on those important areas.)
There is a need for better signage to identify
neighborhoods.
There is an opportunity to improve river frontage and
create a gateway.
There should be consistency in the appearance of projects
involving the use of bricks throughout the City.
The City Manager summarized the discussion as follows: City staff will
proceed with the Memorial Bridge project as soon as possible with paving and
restriping to two lanes, one lane in each direction, to the intersection of Wasena
Terrace and Cambridge Avenue; and staff will proceed with detailed design and
drawings for Grandin Road and provide Council with an actual cost estimate.
BRANDING-CONSULTANTS REPORTS: The City Manager introduced a
briefing on branding and the regional initiative.
Chris Slone, Public information Officer, advised that the mission is three
fold: to attract new business, to increase tourism, and to increase the level of civic
pride, or to raise the collective self-esteem of the City of Roanoke. He stated that
branding is the process of identifying what makes Roanoke special, and then
determining how to sell the process in such a way that separates Roanoke from the
cities that it competes against.
He advised that Landor Associates, an international firm, will guide and
facilitate the process in conjunction with the Regional Alliance. He called attention
to two distinct campaigns, both being facilitated by Landor and key stakeholders in
the City will be community leaders, citizens, public relations professionals, etc. He
called attention to the experience of Landor, which is the largest branding firm and
a leader in the entire branding arena; some of the brands that Landor has done
..,,,.........._,.
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245
corporately include BP, Fed Ex, New York Stock Exchange, consumer brands such
as KFC, Secret Deodorant, and Tide, etc.; Landor has prepared destination brands
such as the State of Florida's tourism, Sea World, Traverse City, Michigan, the City
of Hong Kong, Salt Lake City Olympics, and the prior two Olympics. He advised
that the process includes five phases; i.e.: Phase I is the discovery phase which
includes information gathering, interviews of the key people, a research review of
the first two steps, developing a brand vision which will include a vision statement,
and defining the scope, roll and goals ofthe branding effort; a cursory audit of what
is unique about the City of Roanoke, such as its natural beauty, academic
excellence, historic landmarks, heritage, the Star, transportation and accessibility.
He stated that Landor will review trends overall; i.e.: what makes the City "hot,"
what are the trends in terms of marketing to Americans in this post 9-11 world;
management interviews, stakeholder interviews, and person on the street interviews,
which are on going. Although still a work in progress, he stated that Roanoke can
be defined as being situated in a rich natural environment.
Mr. Slone advised that Phase 2 is referred to as strategic platform
development in order to develop a brand equity model, where personality aspects,
performance, sources of authority that Roanoke delivers, such as its nationally
accredited public safety agencies, big city cultural amenities, heritage, the rail
history, what are Roanoke's symbols such as the Star and other identifying
attributes, such as The Hotel Roanoke, etc.; functional benefits and emotional
benefits, all of which will be funneled into the brand equity model, in order to
develop a brand driver which is a simple, unique, telling, creative insight that drives
and unites everything that is done with regard to the brand. He explained that in
funneling all ofthe information to determine what is Roanoke's driver, three things
were considered; i.e.: Roanoke is the right size with big city amenities and a small
town feel, Roanoke has a "can do" spirit, Roanoke has a kind of gateway to the
great outdoors, with a mountain in the heart ofthe City and mountains all around the
area, plus national forests, etc. He stated that Phase 3, which will begin in May and
go through June begins identity development; the actual design is decided upon in
Phase 4, or the look and feel of the brand mark, by addressing such questions as:
how we go about selling the brand, or the process of prioritizing what should be
associated with the brand in orderto make it successful, and establishing guidelines
for use; and Phase 5 will include the wrap up stage which involves development of
brand guidelines that are similar to a written standards manual and explains the
strategy in simple terms and philosophy.
246
The City Manager advised that Roanoke sells itself once people visit the area;
however, the problem is in attracting visitors to Roanoke for the first time. She
stated that Roanoke has a difficult time today saying who and what Roanoke is to
the people of Virginia and outside of Virginia, which is a challenge; and it is hoped
that one of the accomplishments of the branding opportunity will be to raise the
level of appreciation of Roanoke's own residents about how special the Roanoke
Valley is. She added that Roanoker's are their own worst critics, which is not
unusual; the City of Roanoke has much to be proud of, which is the purpose of the
branding effort; and if the recommendations of the consultant are not acceptE'd by
the citizens, the branding initiative will not be successful, which is one of the
reasons that the branding team is on the street engaging in public interviews and
talking with stakeholders.
Discussion by Council:
. It is unfortunate that there is a misunderstanding by some
members of the community that consideration will be given to
eliminating the "Star City" as Roanoke's logo, which was never
the intent of the branding initiative. It is also unfortunate that
some citizens have the mistaken impression that the City plans
to spend $300,000.00 for just a slogan, when the process is
intended to develop an outline of a campaign to market the
Roanoke Valley.
. Why is the word "village" instead of "City" or "urban center"
used in describing Roanoke. (The City Manager explained that
the correct words may not be in place, but the effort is to define
the uniqueness of Roanoke.)
. It is disconcerting that one has to leave the Roanoke area to
discover its greatness.
. The challenge will be to find a way to enlist all of Roanoke's
citizens to be Roanoke salespersons.
The City Manager advised that it is important to help Roanoker's understand
that selling the community is a positive, not a negative. She advised that a further
report will be submitted to Council at the next appropriate time to keep the Council
informed on the progress of the branding initiative.
,..............,.-.,
,_...._.....~"...."',,.
247
LIBRARIES: The City Manager introduced a briefing on funding for the study
of the Roanoke City Public Library, as requested by the Library Board at a Budget
and Planning Committee meeting on Monday, March 3, 2003.
The Assistant City Manager for Community Development advised that at the
March 3 meeting, considerable input was provided by the Council in terms of those
items the Council would like to include in the request for proposals; whereupon,
she presented a draft and a program schedule working in conjuction with the Library
Board and the Library Director. She explained that the consultant will be asked to
answer the question: What should the library of the future be? She added that all
aspects of the library system will be reviewed, i.e.: the main library, the law library,
and the five branch libraries, and a community input process will be developed to
understand the needs of the community, both currently and in the future for a state-
of-the-art library. She advised that the study should be completed in June with the
Request for Proposal to follow, selection of a consultant in September, 2003, the
public process will begin in October, a draft report will be submitted by the
consultant in August, 2004, and a recommendation will be submitted to the Council
in October 2004.
Ms. Russell advised that at the March 3 Budget and Planning Committee
meeting, Council Members suggested including the Art Museum in the study; to
ensure that the Library is linked to the Internet to foster international attention, to
partner with public schools, colleges, and universities, to ensure that archival
storage with the History Museum is included in the consultants study, to ensure that
all available resources in the community, both public and private, are included by
incorporating Parks and Recreation Centers, and to ensure that there is a complete
analysis and inventory of community needs. She stated that the Capital
Maintenance Equipment and Replacement Program will be used to fund the library
study.
The City Manager advised that the Library Board and the Library as an
organization has believed for a long time that the facility is in need of expansion,
renovation, or a new building; however, as City Manager, she has repeatedly stated
the position that the City of Roanoke needs to examine what the role of the library
should be in the future and to develop a constituency before constructing buildings.
She called attention to the Outlook Roanoke Plan in which Council indicated that
if and when something different happens with the library, the facility will be moved,
either on site or to a different location, but such action would not be simply an
expansion of the existing building. She stated that there has been a goal to
248
encourage persons to hold the idea of a building in abeyance until the elements of
what should be included in the building is defined, but the building element does not
need to be either limited to or complement the current system because the current
system may need to be quite different in the future when taking into consideration
the availability of school resources, the community college, the Higher Education
Center, local museums that house historical documents, etc. She stated that given
the capital budget that Council has adopted, and given the challenge of replacing
two high schools, it will be a number of years into the future before the library
project can begin.
Discussion by Council:
. The consultant should look at other structures in downtown
Roanoke such as the former Heironimus building as a possible
new location.
. Will the City attempt to find a way to make the library as
accessible as possible to downtown businesses and
neighborhoods?
. Why does Roanoke need a paper library?
. Will there be a review of the relationship between the school
system, the school library system and the public library?
. The consultant should make suggestions on how to support the
library, not only in terms of dollars but in terms of staffing for
the future. Libraries originated because many citizens could not
afford to purchase books. Society is now moving more toward
libraries for persons who can afford to be connected to the
Internet, therefore, library staff is needed who are trained on
ways to access the Internet.
HOUSING/AUTHORITY: The City Manager introduced a briefing on Fair
Housing issues and advised that City staff will attend a meeting of the Fair Housing
Board on Thursday May 6, 2003, and would like to receive input by Council regarding
a proposed change in direction for the Fair Housing Board.
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249
The Assistant City Managerfor Community Development advised thatthe Fair
Housing Board, consisting of seven members, was appointed by Council in 1973;
in 2002, the Fair Housing Board presented a report to Council listing 42 home
impediments, and education was listed as a top priority for the Fair Housing Board.
She stated that a housing study addressed the lack of regional housing choice,
housing for low and moderate income individuals, and the lack of diversity in
housing. She called attention to a draft ordinance that will be presented to the
Council in approximately two months containing certain updated information, new
definitions, and certain protected classes that were not included in the original Fair
Housing Ordinance; and the Fair Housing Board has participated in workshops on
educational training.
Ms. Russell explained that the Commonwealth of Virginia has created a Fair
Housing Board, effective July 1, 2003, which will consist of 11 members appointed
by the Governor, including a representative of local government, an architect, a
representative of the mortgage lending industry, a representative ofthe property and
casualty insurance industry, a representative of the residential property management
industry, a contractor, a representative ofthe disabled community, a representative
of the residential land lease industry, and three citizens at large, which will include
all areas of expertise that should be involved in fair housing issues. She advised
that staff is seeking the concurrence of Council to introduce new language to the
Fair Housing Board that is not included in the present ordinance which will be of
assistance in focusing on education issues as a mission ofthe Fair Housing Board,
and staff will provide information to the public on Federal, State and City fair
housing laws, and possible solutions to fair housing issues, by making both tenants
and landlords aware of the resources of the Fair Housing Board and its authority to
conciliate and to hear fair housing complaints.
Question was raised as to the status of a billboard which was recently
installed in the City in connection with fair housing; whereupon, the City Manager
advised that the decision was made by the Fair Housing Board to install the billboard
without prior review by the City Manager's Office. She stated that because the Fair
Housing Board, to its credit, has not been involved in fair housing complaints, the
Board has looked for other ways to be engaged and involved in the community. In
terms of the Council's appointment of individuals to boards and commissions and
communications with those entities, she advised that there needs to be some
direction as to how Council would like for those kinds of activities to be reported to
the Council as a body. She explained that the City of Roanoke is in an unusual
situation in that Roanoke was technically grandfathered with a Fair Housing
~-~,. ~
250
Board because the Council in its wisdom in the 1970's appointed a Fair Housing
Board prior to the time that fair housing was on the books in the State of Virginia;
however, the State has now taken on the responsibility. She added that revisions
to the fair housing ordinance are at the request of the Fair Housing Board and its
staff to mirror provisions in the State Code; and it appears that the State intends to
increase its enforcement activities, which is the reason that City staff believes it is
currently more appropriate for the Fair Housing Board to operate in an educational
mode as opposed to an enforcement mode, since State and Federal agencies are
currently assigned with those responsibilities.
Discussion by Council:
. The Fair Housing Board should focus on education activities.
In addition to acting in an advisory capacity, the Board could
promote fair housing without getting into the enforcement side
of the issue, develop recommendations for consideration by
Council in regard to housing for individuals who suffer with
physical disabilities and cannot find housing that accommodates
their particular need. This is not technically a discrimination
issue because no law requires landlords of older buildings to
retrofit such buildings to accommodate residents or potential
residents who are disabled.
. Without being involved in the enforcement issue, the Fair
Housing Board could submit recommendations on ways that the
City Council could encourage increasing the availability of
different types of housing.
. There should be a better understanding of test scores in City
schools, versus County schools, which will be another avenue
to encourage persons to seek housing in the City of Roanoke.
. Roanoke is becoming a community composed of older citizens
with people who are looking for one level housing which is
difficult to find; therefore, there is a need to talk with realtors
and builders in connection with housing needs in the City of
Roanoke so that they will have a clear understanding of the
City's goals and vision in the housing arena as it pertains to the
Roanoke community of the future.
, ~.-......_...
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251
In summary, the Assistant City Managerfor Community Development advised
that both home ownership and rental property will be addressed with the Fair
Housing Board, in conjunction with those suggestions that may be legally enacted
and will not constitute a repetition of State actions.
VIRGINIA CARES-GRANTS: The City Manager called attention to a request of
the Virginia CARES organization to use the City of Roanoke as its sponsor for
funding for fiscal year 2004. She referred to action previously taken by the Council
in December 2003 which authorized the City of Roanoke to serve in that capacity for
the second half of the fiscal year from January to June, with the understanding that
Virginia CARES would either find another jurisdiction to take on the sponsorship
role or seek funding directly from the Federal Government so as not to use a local
government as its conduit. She explained that it was discovered last week that the
State is requiring that Virginia CARES file its application very quickly, therefore,
Virginia CARES has requested that the City of Roanoke once again act as its
sponsor. She stated that representatives of Virginia CARES were requested to
summarize efforts to engage another Virginia locality as their sponsor, however,
efforts to date have been unsuccessful. She advised that Virginia CARES is again
requesting that the City of Roanoke assume the role of local sponsor, concurrence
by Council is requested, and formal action by Council is not required until the grant
is approved in approximately 30 days.
There was discussion with regard to liability issues, if any; whereupon, Mr.
Bestpitch, Council's representative to the Total Action Poverty Board of Directors,
advised that the City will be acting as a fiscal agent in this capacity and not
assuming any responsibility for the program, management, or delivery of services,
etc. He stated that in the unlikely event that some liability should occur, the City
regularly provides funds to TAP and there would be some ability on the City's part
to negotiate how the issue would be resolved. He advised that since the
relationship between the City and Virginia CARES is positive, the ground work has
already been done, it would be inefficient to suggest that another locality should
assume the sponsorship role; therefore, it would be hoped that the City of Roanoke
will move forward and continue to assist Virginia CARES.
Ms. Wyatt, Council's liaison to the Virginia CARES Board of Directors, advised
that in appreciation of the fact that the City of Roanoke has been willing to act as
agent for Virginia CARES, the organization has not requested local funding by the
City, believing that the City's local sponsorship represented the City of Roanoke's
contribution. She stated that if it were not for the work of Virginia CARES, those
"~..,,'..-
252
persons participating in the program would end up on the City's welfare roles and
in the City's Police Department, because the majority of the people that Virginia
CARES serves, especially in the southwest Virginia area, will ultimately end up in
Roanoke and the City will have to deal with them one way or another.
Mr. Cutler concurred in the remarks of Council Members Bestpitch and Wyatt.
The City Manager advised that based upon the remarks of the Members of
Council, it appears that there is a consensus by the Council to concur in the request
of Virginia CARES for the City of Roanoke to continue to serve as local fiscal agent.
SEWERS AND STORM DRAINS-cOMPLAINTS-CITY CODE: The City Manager
called attention to concerns expressed by residents with regard to a single family
house that was moved to the intersection of Hershberger Road and Shamrock
Street, N. W., in August 2002; and residents of the area complained about the
appearance of the house, the site distance of the house which is not in line with
other houses on the block, and the need for a neighborhood overlay district which
would mitigate some of the problems that were caused by location of the house.
She advised that sanitary sewer hookup is not located immediately in front of the
property and is approximately 200 feet away; City policy requires that if sanitary
sewer is within 300 feet, the City will participate in the expense of taking the line to
a site within that 300 feet, but there is no requirement that the individual property
owner must participate in the cost of extending the sewer line; therefore, the
property owner obtained a permit through the Health Department for installation of
a septic tank. She explained that currently, the City has no regulations prohibiting
installation of a septic tank, therefore, another home will be served by a septic tank
when public sewer is within 300 feet of the dwelling. She advised that the City of
Roanoke should discourage the use of septic tanks within the City limits, and
especially in those areas where there is a reasonable distance where the line could
be extended. She stated that unless otherwise directed by the Council, City staff will
prepare the appropriate amendment to the City's sanitary sewer regulations so as
to avoid the continuation of septic tank systems in the City of Roanoke.
Discussion by Council:
. More information is needed relative to costs.
. The City of Roanoke should not require a property owner to
extend a sanitary sewer line beyond their property line when
other localities provide the option of installing a septic system.
"".........'-~
._....,...,..........,..",
253
. The City Manager's objective is to eliminate septic tanks in the
City of Roanoke as quickly as possible. Septic tanks have a life
expectancy and a potential for polluting ground water and as the
dependency on ground water for the water supply is extended,
more wells will be drilled, therefore, further pollution of ground
water resources should be avoided.
COMMUNITY PLANNING: The City Manager advised that the Comprehensive
Plan is now available on a computer disk for easy access.
TOPICS FOR DISCUSSION BY COUNCIL:
PARKS AND RECREATION-BUDGET: Council Member Bestpitch referred to
e-mail correspondence indicating thatthe City plans to eliminate funding for hanging
flower basket program which has been implemented throughout the City;
whereupon, he inquired as to the status of the program.
.,-
The City Manager advised that she was not aware of plans to eliminate
funding, it is intended to place hanging flower baskets on Memorial Bridge, the City
is experimenting with the idea of expanding the hanging basket program to other
locations in addition to the downtown Roanoke and Gainsboro areas, and some
baskets will contain artificial flowers as opposed to live flowers.
There was discussion with regard to displaying live flowers versus artificial
flowers, and it was noted that the hanging basket program has been a source of
pride for many citizens as a means to beautify the City, and some Members of
Council suggested that live flowers be used as opposed to artificial flowers.
The City Manager advised that she will investigate the matter and respond to
the Council's inquiry at a later time.
SCHOOLS: Council Member Wyatt called attention to the possibility that
parents may attend Council's 7:00 p.m. session to express concern with regard to
elimination of school resource officers at the two high schools, and there should
be a clear definition of whether the City or the School Board budget funds the
positions.
.,- .. .......'
254
The City Manager explained that Student Resource Officers are a
responsibility, cost-wise, of the school system, which instituted the program a
number of years ago; and two resource officers are assigned to each of the middle
schools and each of the high schools. She explained that several years ago, the
school system was under the impression that there was grant funding for two
additional Student Resource Officers, one each for the two high schools; it is the
understanding of the Chief of Police that at the time the schools wanted to add the
two additional resource officers, the Chief of Police expressed a commitment to pay
for the additional officers even if the grant was not received; the City has always
been reimbursed for the officers who are on the City's payroll; the officers are
trained, hired, recruited, and supervised by the Chief of Police and his management
staff; and when the City discovered that it was not eligible to receive the grant
because the grant was intended to fund new programs and not to expand an existing
program, the Police Department continued to provide the additional resources
officers. She called attention to confusion about reimbursement and the City was
not reimbursed for some period oftime, therefore, beginning this fiscal year, the City
began to bill the school system and was informed during the budget process by
school representatives that the school system did not intend to continue the two
resource officers; the Chief of Police agreed that the City would fund the officers for
the balance of the fiscal year, and he would Identify a means to absorb funding so
that the officers would return to the Police Department at the end of the school year.
She stated that if the school system would like to continue resource officer funding
at its current level, the necessary adjustments could be made in the budget because
it is believed to be a school responsibility and should be budgeted accordingly. She
explained that the City has provided additional funds, beyond the original estimate
to the schools, in the amount $400,000.00, which is a revenue option that is
available for school resource officers as well as other school needs. She advised
that the use of School Resource Officers has changed over the years and on some
occasions, School Resource Officers have been used to address disciplinary
problems which was not the intent of the original placement. She called attention
to a meeting of the Police Chief and the School Superintendent to review statistics
and to clarify the roles of various individuals within the school system, since the
schools also employ a significant number of security officers, many of whom are
retired Police Officers and Sheriff's deputies, who are actually responsible for
security; School Resource Officers were originally hired to facilitate an
understanding and communication between students and Police Officers, and not
to mete out discipline; however, they are currently called upon to handle what would
typically be referred to as disciplinary problems, which is not the role they were
intended to play. She stated that the matter is an issue that should be discussed
by the Council and the School Board and could be a potential agenda item for the
Council and the School Board joint meeting on Thursday, May 8, 2003.
"~-,,._'"
-....-..............,--
255
Ms. Wyatt advised that the Thursday joint meeting of the Council and the
School Board would not be the appropriate time to address the matter since the
School Superintendent will not be in attendance.
Mr. Bestpitch concurred in Ms. Wyatt's statements and advised that it would
be appropriate for the Council to send a message to the School Board in terms of
the Council's concerns and expectations as the body that appoints School Board
Trustees to their respective offices.
At 11 :40 a.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Monday, May 5, 2003, the Council meeting reconvened in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William H. Carder, M. Rupert Cutler, Alfred T.
Dowe, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K.
l>rnith------------------------------------------------------------------------------------------------------------7.
AEll>E:N,.; N()nEl-----------------------------------------------------------------------------------.0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Cynthia Long Lasher,
Pastor, Glade Creek Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayorwelcomed quests from Jalal-Abad,
Kyrgystan, located in the heart of central Asia, who were participating in internships
though Legacy International, an organization which provides a nationwide training
opportunity for citizen exchange for business managers, entrepreneurs and other
diverse sectors from 11 countries of the former Soviet Union.
- ~ I
.
256
PRESENTATIONS AND ACKNOWLEDGMENTS
ACTS OF ACKNOWLEDGMENTS-CITY COUNCIL: Inasmuch as Council
Member William H. Carder has resigned from the City Council, effective May 16,
2003, Mr. Bestpltch offered the following resolution:
(#36293.050503) A RESOLUTION paying tribute to the Honorable William H.
Carder, and expressing to him the appreciation of this City and its people for his
exemplary public service.
(For full text of Resolution, see Resolution Book No. 97, page 207.)
Mr. Bestpitch moved the adoption of Resolution No. 36293..Q50503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and Mayor
l)nnitl1--------------------------------------------------------------------------------------- ----------6.
NA"S: NClnEt-----------------------------------------------------------------------------------------0.
(Council Member Carder abstained from voting)
ACTS OF ACKNOWLEDGMENT -CHURCHES SCHOOLS: Vice-Mayor Harris
introduced representatives of Faith Christian School, which annually hosts a "Faith
Walk" as a fund raiser and a community project that benefits the City of Roanoke.
He advised that last year and once again this year, participants will be cleaning up
and maintaining one ofthe City's greenways; whereupon, he introduced Sam Cox,
Head Master, Faith Christian School, and Liz Belcher, Roanoke Valley Greenway
Coordinator.
Ms. Belcher advised that last year, Faith Christian School donated over 700
hours of volunteer time to the Murray Run Greenway, and this year volunteers will
work on rehabilitation ofthe Chestnut RidgEt trail, which backs up to South Roanoke;
the project involves more than just picking up trash and cleaning up the trail but
helping to rehab the trail, which counts as a match toward the grant; and the project
is looked at with favor by Blue Ridge Parkway officials as an indication that the
Roanoke area is willing to commit resources to bring the trails up to standard before
Roanoke Valley greenways are connected to the trails.
,.............,,'_.~
-...............-.".....
257
Justin Knight and Brett Jones, students at Faith Christian School, advised that
several fund raisers have been held in the past to augment the schools' operating
fund; however, over the years, fund raisers involved a "Faith Walk" in which
students sought sponsors; and last year, the Faith Walk Committee, along with the
student government ofthe school, decided to embark on a service-oriented project
at Fishburn Park where the trail was mulched, and another service-related project
will be sponsored this year.
Mr. Jones advised that one of the reasons Faith Christian School decided to
change from a walkathon to more service-related projects was due to the motto of
the school which is a Latin word meaning "service". He stated that the goal is to
make an impact on the community, while raising funds for Faith Christian School.
Vice-Mayor Harris recognized the volunteer efforts of Faith Christian School
and presented the school with a City Seal paper weight.
PROCLAMATIONS-WATER RESOURCES: The Mayor presented a proclamation
declaring the week of May 4 -10, 2003 as National Drinking Water Week.
PROCLAMATIONS-LANDMARKS/HISTORY PRESERVATION: The Mayor
presented a proclamation declaring the week of May 5 -12, 2003, as National Historic
Preservation Week.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 17, 2003, and Monday, April 7, 2003, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
- ""
258
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
MCllfClrl;rnitl1---------------------------------------------------------------------------------------------------7.
NAYS: None---------------------------
-------------------------------------------0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-ECONOMIC
DEVELOPMENT: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, May 19, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to an option or sale of City owned
property described as Tract F In the Roanoke Center for Industry and Technology,
was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith------------------------------------------- ---------7.
NAYS: None-------------
________________________________________________-0.
REGULAR AGENDA
COMMITTEES-SCHOOLS:
OATHS OF OFFICE-SCHOOLS: The Mayor advised that the three year terms
of office of Marsha W. Ellison, F. B. Webster Day and Gloria P. Manns as Trustees
of the Roanoke City School Board will expire on June 30, 2003, Ms. Ellison is
ineligible to serve another term; whereupon, he opened the floor for nominations to
fill the vacancies.
It was the consensus of Council that the following names would be placed in
nomination: Dennis Binns, F. B. Webster Day, Tiffany M. Johnson, Gloria P. Manns,
Kathy G. Stockburger and David B. Trinkle.
,,~-,,-,~
_...._~.....,..'"..,'
259
There being no further nominations, Ms. Manns was reappointed and Ms.
Stockburger and Mr. Trinkle were appointed as Trustees ofthe Roanoke City School
Board, for terms commencing July 1, 2003 and ending June 30, 2006, by the
following vote:
FOR MR. BI N NS: None---------------..-----------------------------.---..-.-.-----------..Q.
FOR MR. DAY: Council Members Harris and Carder-----------------------------.-----.2.
FOR MS. JOH NSON: None.....--------------------------------.....-...----------------------..Q.
FOR MS. MANNS: Council Members Dowe, Wyatt, Bestpitch, Cutler and
Mayor Sm ith --------------.-----..------------------------------.--...-.---------------------------------.--5.
FOR MS. STOCKBURGER: Council Members Dowe, Harris, Wyatt, Bestpitch,
Carder, Cutler, and Mayor Sm ith -----------------.....--------------------------------.---..----------7.
FOR MR. TRINKLE: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder,
Cutler, and Mayor Smith ---------------------------------.--.-----------------------------------...-------7.
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY COUNCIL: A communication from the Honorable William H. Carder
tendering his resignation as a Member of Roanoke City Council, effective May 16,
2003, was before Council.
Without objection by Council, the Mayor advised that the communication
would be received and filed and the resignation would be accepted with regret.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
,.r
-...-.........
260
ITEMS RECOMMENDED FOR ACTION:
COMMUNICATIONS DEPARTMENT -SCHOOLS-EQUIPMENT: The City Manager
submitted a communication advising that there are 21 Apple iMac computers in
library branches that no longer meet the minimum specifications for personal
computers (PCs) in the library system and need replacement; and both the
Department of Technology and Library staff recommend replacement of the
computers with Windows-based PCs based on the following criteria:
. Apple computers are not supported by the Department of
Technology and can be replaced with Windows-based PCs as
part of the City's PC Replacement Program;
. Apple iMac computers do not support as wide a range of
software applications as Windows-based computers;
. Observations from library staff that patrons will wait for a
Windows-based PC to become available even when there
are iMacs ready to be used and that patrons will often
request to change from an iMac to a Windows-based PC
when one becomes available;
. Patrons tend to avoid iMacs due to the fact that they are not as
widely used in businesses or other institutions;
. The price of most software applications is less expensive
for Windows-based PCs than iMacs;
. The Internet filtering software the library uses is only supported
on Windows-based computers.
It was further advised that the City can provide Apple computer capability at
library branches through installation of , Apple works' software installed on standard
PCs; 'Appleworks' can be purchased for under $40 per copy and will initially be
installed on one PC in each library branch; if need dictates, additional 'Appleworks'
licensed PCs will be added; in evaluating the best possible usage of Apple
computers, it is recommended that the PCs be donated to the Roanoke City school
system for use at Westside Elementary School, where they will be put to good use
by introducing students in grades 2-5 to computer basics; and approximate value
of the 21 Apple iMac computers is $5,250.00.
,,~-,-,~
.-................,..."
261
The City Manager recommended that Council authorize donation of 21 Apple
iMac computers to the City of Roanoke Public Schools for use at Wests ide
Elementary School in order to expand, enhance and expose technology to
elementary school students.
Ms. Wyatt offered the following resolution:
(#36294-050503) A RESOLUTION authorizing the donation of 21 Apple iMac
computers that no longer meet the minimum specifications for personal computer
in the library system to West Side Elementary School.
(For full text of Resolution, see Resolution Book No. 97, page 209.)
Ms. Wyatt moved the adoption of Resolution No. 36294.050503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith---------------..------------------------------------------------------....-----------------7.
NA)'l): NClI1El-------------------.-------------------------------------------------------.--------------0.
Council MemberWyatt expressed appreciation to the City Managerfor making
computers available to students at Westside Elementary School.
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that the Commonwealth of Virginia mandated that localities
take responsibility for answering wireless E911 calls instead of having the calls
routed and answered by the State Police; the Virginia State Wireless E911 Services
Board provides funding to localities for equipment and limited salaries to provide the
service by collecting $ .75 per month from each wireless telephone user; on
February 26,2003, the Virginia State Wireless E911 Services Board awarded the City
of Roanoke an additional $65,526.00 for fiscal year 2002-2003 to complete Wireless
Phase II; Wireless Phase II, which provides the location of the caller, is scheduled
for implementation by December, 2003; and there is no requirement for matching
funds.
--.-., . ....."., ., '.---."
262
The City Manager recommended that Council accept $65,526.00 from the
Virginia State Wireless E911 Services Board; increase 911 Wireless revenue
estimate, Account No. 001-11 0-1234..Q654, by $13,679.00 and Account No. 013-110-
1234-1355 by $51,847.00; appropriate $13,679.00 to the E911 Center for telephone
charges, Account No. 001-430-4131-2020, and appropriate $51,847.00 to E-911
UpgRldes for Hardware/Software Capital Account to fund hardware and software
upgrades, Account No. 013-430-9870-9007.
Mr. Dowe offered the following budget ordinance:
(#36295-050503) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Department of Technology Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 209.)
Mr. Dowe moved the adoption of Ordinance No. 36295.050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith----------------------------------------------------------.-----------------------------7.
NAYS: None----------
-----------------------------------------------.0.
PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-CITY PROPERTY-
STREETS AND ALLEYS: The City Manager submitted a communication advising that
Blue Hills Drive serves the Roanoke Centre for Industry and Technology (RCIT),
providing access for those industries located in RCIT; the roadway has been
extended as needed to serve the various parcels as they have been developed; a
contract is expected to be executed in the near future for the sale of Tract "F"; and
the final section of Blue Hills Drive needs to be extended in order to facilitate
development of the remaining parcels.
It was further advised that in order to make application for VDOT Industrial
Access Program Funds, it will be necessary for Council to adopt a resolution
requesting funds which can be for an amount up to $450,000.00, with a required
local match of up to $150,000.00; VDOT regulations require that the City of Roanoke
provide a bond, or other acceptable security, to guarantee the VDOT required
investment in the project and that any awarded access funds, or a portion thereof,
be paid back to VDOT if such investment does not occur within five years.
""'-,,-,~
-.................,"".'"
263
The City Manager recommended that Council adopt a resolution requesting
that the Commonwealth Transportation Board provide financing up to $450,000.00
from the Industrial, Airport and Rail Access Fund for extension of Blue Hills Drive;
authorize the City Manager to make application for such funds and to execute the
necessary documents for such application; provide for a bond or other security to
VDOT; and any required local matching funds will be provided by a subsequent
appropriation of Council.
Mr. Cutler offered the following resolution:
(#36296-050503) A RESOLUTION authorizing the City Manager to make
application to the Commonwealth of Virginia Department of Transportation for
Industrial Access Road Funds, in an amount up to $450,000.00, for roadway
construction and improvements to part of Blue Hills Drive in the Roanoke Centre for
Industry and Technology, to provide adequate industrial access to part of that
property in order to provide for new capital investment and development of such
property; acknowledging certain requirements for obtaining such funds, including
the provision of a bond or other security; and authorizing the execution of any
required documentation on behalf ofthe City of Roanoke for acceptance ofany such
funds which may be awarded.
(For full text of Resolution, see Resolution Book No. 97, page 211.)
Mr. Cutler moved the adoption of Resolution No. 36296..Q50503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith --------------..--------------.-----------------..--------------.-.-------------------7.
NAYS: None----....--------------.--.--.-------------....-------------....-----------------...------0.
CITY CODE-DOWNTOWN ROANOKE, INCORPORATED-RESIDENTIAL
PARKING: The City Manager submitted a communication advising that in the spring
of 2002, City staff presented Council with information regarding Downtown
Residential Parking; and through a series of meetings with downtown residents and
potential downtown residential developers, five primary issues were identified as
important to residents and developers to support their decision to move into and
remain in downtown Roanoke:
264
1. Increase the availability of parking or loading
zones, especially between the hours of 6:00 a.m.
and 6:00 p.m., which is viewed as particularly
desirable for unloading items such as groceries in
close proximity to residences.
2. Allow unrestricted parking in timed parking spaces
for nights and weekends.
3. Provide for an enhanced feeling of security along
the walking paths between residences and parking
areas, as well as in parking garages.
4. Continue to allow free parking in City-owned
parking garages for downtown residences.
5. Expand the residential permit parking program to
include the Downtown Service District (DSD).
It was further advised that in response to the five primary issues, the City has
reviewed and adjusted loading zones to meet the needs of downtown businesses
and residents and have continued to allow unrestricted parking in timed parking
spaces for nights and weekends; and downtown residents have continued to park
free of charge in City-owned parking garages, and parking areas and walking paths
have been monitored by the Police Department and the parking facility management
company to enhance security and a feeling of security by users of the facilities.
It was explained that City staff recommended that the Residential Permit
Parking Program be expanded to include the Downtown Service District (DSD),
which Council approved at its April 1 , 2002 meeting; program expansion within the
DSD will establish residential permit parking zones at strategically placed locations
for use by residents who purchase a permit; while existing timed parking
restrictions will remain in effect at those locations for use by vehicles without a
permit (such as in 15 minute, 30 minute or one hour parking zones), the permitted
vehicle would have the convenience of parking for up to two-hours (at any time of
day) in a permit-parking zone as designated by the City Manager; therefore, a
permitted vehicle will be allowed to park for two hours in the permit parking zones
between the hours of 7:00 a.m. and 6:00 p.m., thereby allowing a downtown resident
to park from 4:00 p.m. in the afternoon until 9:00 a.m. the following morning without
having to move their vehicle; and the program includes a $5.00 fee per residential
unit and a limit of one permit per licensed adult resident.
"'"-'-'''
-.."'....-...,.."'^"
265
The City Manager advised that following Council's approval to implement the
program, the Transportation Division completed parking studies needed to verify the
appropriate location of permit parking zones; the City Treasurer's Office worked to
obtain permit parking stickers that would effectively serve the program and
determined that an alternative type of sticker would be needed; therefore, the
ordinance that specifically identifies appropriate placement of the permit on the
vehicle must be modified accordingly; new stickers were received in February and
are ready to be distributed to downtown residents; immediately following Council's
approval of the ordinance modification, the downtown permit parking program will
be implemented and available to the public; appropriate signs, which have been
installed and covered, will be uncovered and ready; information with regard to
implementation of the program and Council's pending action was delivered to
downtown residents on Friday, April 25, 2003; and residents have been advised that
they may pick up permits following approval of the recommended action by Council.
The City Manager recommended that Council authorize amendment of the
City Code, Division 2, Residential Parking Permits, Article IV, Stopping, Standing
and Parking, Chapter 20, Motor Vehicles and Traffic, to change requirements
pertaining to the display of residential permits and visitor passes; currently, the City
Code requires that permits be displayed on the left rear bumper of the resident's
vehicle and visitor passes are to be displayed in the left rear window; and a change
is requested to provide that permits shall be displayed on the left passenger window
behind the driver in the lower left corner, and visitor passes shall hang from the
interior rearview mirror with the zone location and expiration date visible from
outside the front windshield.
Mr. Carder offered the following ordinance:
(#36297-050503) AN ORDINANCE amending Section 20-80 of Division 2
Residential Parking Permits, of Article IV, StoDDina. Standina and Parkina, Chapter
20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended,
amending the City's residential parking permit system; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 213.)
Mr. Carder moved the adoption of Ordinance No. 36297..Q50503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
''S' ....
266
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith---------------------- ___________________________________7.
NA"l): NClI1El----------------------------------------------------------------------------------------.0.
BUDGET-HUMAN DEVELOPMENT -GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services has
allocated funds from the Federal T ANF Grant to eligible State and community-based
services; funds must be used for the purposes of job retention and wage
advancement of TANF recipients, or for former TANF recipients in the period of
ineligibility; the City of Roanoke will develop a collaborative project combining its
allocation of $199,022.00 with those of Botetourt, Craig, Franklin, and Roanoke
Counties, for a total of $269,312.00; and the City of Roanoke will issue a Request for
Proposals and enter into a contractual agreement with service providers for del ivery
of medical assessment services and job development services for hard-to-employ
recipients of TANF benefits.
The City Manager recommended that Council authorize acceptance of the
grant award; appropriate TANF funding for job retention and wage advancement,
totaling $269,312.00, and establish a revenue estimate of $269,312.00 in an account
to be established by the Director of Finance in the Grant Fund.
Mr. Dowe offered the following budget ordinance:
(#36298.050503) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 214.)
Mr. Dowe moved the adoption of Ordinance No. 36298..Q50503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith-------------------------------------------------------------------7.
NA"l): NClI1El---------------------------------------------------------------------------------------0.
,,_.,._.~
-.......-...-....""'"
267
Mr. Dowe offered the following resolution:
(#36299.050503) A RESOLUTION authorizing acceptance of a grant award
under the Temporary Assistance for Needy Families (TAN F) Funding for Job
Retention and Wage Advancement from the Virginia Department of Social Services,
forthe purpose of providing job retention and wage advancement ofT ANF recipients
or for former T ANF recipients in the period of ineligibility, and authorizing execution
of any and all necessary documents to comply with the terms and conditions of the
grant.
(For full text of Resolution, see Resolution Book No. 97, page 215.)
Mr. Dowe moved the adoption of Resolution No. 36299-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith -----.-.------------------...--------------.-.-------------.------------------..--------7.
NA)(l): NClnEl-----....----------------.------------------..-----------------..---------------..-------0.
BUDGET-PARKS AND RECREATION.CELEBRATIONS: The City Manager
submitted a communication advising that the Roanoke Special Events Committee,
a 501 (c)(3) non-profit organization composed of Council appointed members, was
established in 1979 to produce and promote successful, world-class events in the
City of Roanoke that would reflect the character and spirit of the Roanoke Valley;
and the Committee has contributed to the economic development and image
enhancement of the City by organizing high quality events and festivals to serve all;
specific special events and festivals within the City need to be enhanced and
coordinated; moreover, new events need to be developed that are aligned with the
City's economic development, image enhancement, and quality of life goals.
It was further advised that in order to ensure that all special events in
downtown Roanoke meet this criterion of excellence, the Roanoke Special Events
Committee and Festival In The Park have agreed to collaborate their efforts in
forming a new organization named, eventzone.org (hereinafter referred to as, "Event
Zone"), which consolidation would alleviate the responsibility of Parks and
Recreation in sponsoring and producing special events and allow the Department
to focus on its primary mission of supporting parks, recreational facilities and
programs.
268
It was explained that if Event Zone agrees to accept the responsibility of
serving as the lead agency for sponsoring and producing major City events, the
organization will develop partnerships by working with community, civic, and
government agencies, while encouraging cross marketing and electronic links
among websites, in order to produce a balanced year-round program of downtown
events; the organization will also mentor event organizers by educating and
conducting forums for community organizations; through event facilitation, Event
Zone will be able to promote awareness of City regulations, coordinate use of City
properties and serve as liaison between the City and event producers; and for the
upcoming fiscal year 2003-2004, funds are needed in the amount of $177,520.00,
which have been identified as a part of the 2003-2004 recommended City budget.
The City Manager recommended that she be authorized to execute an
Agreement and any other documents necessary to implement terms of the
Agreement, such documents to be approved as to form by the City Attorney; that
Council authorize payment of$177 ,520.00, from Parks and Recreation Administration
Special Events, Account No. 7111-620-2125, for services provided by Event Zone
commencing July 1, 2003 within the structure of the 2003-2004 City recommended
budget.
Mr. Dowe offered the following budget ordinance:
(#36300.050503) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 216.)
Mr. Dowe moved the adoption of Ordinance No. 36300.050503. The motion
was seconded by Mr. Cutler.
Council Member Bestpitch called attention to recent improvements to
Elmwood Park, where the stage area was expanded and an area was added for
dancing. He spoke in support of using Elmwood Park for a type of summer-long
series of performances similar to those held in Byrd Park in Richmond, Virginia,
which involves music entertainment from blue grass to symphony and all types of
performing art. He stated that the key is the ability to coordinate programs while
being sensitive to noise issues and the level of traffic to be generated that wil affect
will nearby residents.
"-~_...
'. .-....~..........n."".'
269
Stu Israel, Executive Director, Event Zone, advised that today is a historic day
for both Roanoke Festival in the Park and the City's Special Events Committee,
because Festival in the Park is 34 years old this year and the City's Special Events
Committee is 20 years old, both of which are two long standing organizations that
have produced quality events in the Roanoke community, the majority of which has
been coordinated by volunteers. He stated that for 34 years, Roanoke Festival in the
Park has never received City funds, but has received a great deal of in kind support
from the City. He called attention to Event Zone which is a new events organization,
and by entering into a contractual agreement with the City, the organization will
create and produce events in downtown Roanoke in the event zone area which has
been defined as extending from Victory Stadium to the Roanoke Civic Center,
enhance economic development by packaging events together to draw people to the
Roanoke Valley, bring new money into the Roanoke Valley, serve as a mentor to
organizations wishing to create an event; serve as a facilitator for existing events to
help those persons in the Roanoke Valley who are producing events to learn how to
navigate the various channels in order to produce a quality event, offer opportunities
to leverage better deals for service such as security services and other necessary
supplies, help leverage sponsorship and create a partnership between existing
events, thereby enabling Event Zone to assist in making Roanoke a true festival City.
He called attention to upcoming activities, such as Festival in the Park in 18 days,
Miss Virginia Picnic, and the Taste of the Blue Ridge Blues and Jazz Festival.
Ordinance No. 36300..Q50503 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith------------------------------------------------------------------------------------------7.
NA"l): NClnEt-----------------------------------------------------------------------------------------0.
Mr. Dowe offered the following ordinance:
(#36301.050503) AN ORDINANCE authorizing the City Manager to enter into
an Agreement, and to execute any other documents necessary to implement the
terms of the Agreement, between the City of Roanoke and eventzone.org ("Event
Zone"), a non-profit corporation organized under Section 501 (c) of the United States
Internal Revenue Code, pertaining to the conducting of special events and festivals
by Event Zone in the City of Roanoke, and dispenSing with the second reading of
this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 97, page 217.)
~ ""
270
Mr. Dowe moved the adoption of Ordinance No. 36301..Q50503. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith ------------------------------------------------------------------------------ 7.
NA"l): N()IlEl------------------------------------------_.---------------------------------------..--.0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
March 2003.
There being no questions, and without objection by Council, the Mayor
advised that the Financial Report for March 2003 would be received and filed.
DIRECTOR OF FINANCE-cITY CODE-TAXES-FEE COMPENDIUM: The Director
of Finance submitted a written report advising that Section 2-238 of the Code of the
City of Roanoke (1979), ("City Code") provides authority for the Director of Finance
to accept interest or penalty payments at a rate less than prescribed and to waive
interest in certain circumstances, as follows: assessments against owners of
abutting property for public improvements, charges levied against landowners for
failure to remove noxious weeds or for removal of buildings, walls or other
structures which might endanger the public health and safety, and City taxes.
It was further advised that the Director of Finance administers a City wide
accounts receivable billing system which generates invoices for various types of
charges such as bad checks, intergovernmental agency charges, leases, sewage
dumping fees, police report fees, solid waste collection fees, and emergency
medical service billings; the system also generates invoices for removal of noxious
weeds and for removal of buildings which are specifically set forth in Section 2-238;
the system applies a ten per cent, or $10.00 minimum late payment penalty, along
with interest at the legal rate; it is sometimes necessary to waive penalty and
interest on these types of billings due to timing differences in payments, possible
errors or when a disputed billing is being resolved; additionally, the Director of
Finance administers parking tickets for which similar authority for waiver of the
$15.00 late payment penalty is also needed; and waiver of penalty or interest is not
a common occurrence, but is needed in certain legitimate circumstances.
It was explained that a modification to Section 2-238 of the City Code to
include "other fees and charges owed the City" would provide proper legal authority
for waiver of penalty and interest for invoices and parking tickets.
,....-............
. .........h_........._"..."
271
The Director of Finance recommended that Council amend Section 2-238 of
the City Code to provide authority for the Director of Finance to waive penalty and
interest applied to other fees and charges, in addition to the specifically listed
charges or taxes.
Mr. Dowe offered the following ordinance:
(#36302.050503) AN ORDINANCE amending S2-238 Authority to reduce or
waive interest and Denalty Davments, of Article XI, Director of Finance, of Chapter 2,
Administration, ofthe Code ofthe City of Roanoke (1979), as amended, by expanding
the authority of the Director of Finance regarding reduction or waiver of interest and
penalty payments on fees and charges owed the City; and dispensing with the
second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 218.)
Mr. Dowe moved the adoption of Ordinance No. 36302.050503. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
ftnClJ(ClrSrnitl1------------...----------------------------------....----------------------------------....----------i'.
NAYS: N one-------------..---------------....--------------.--------------------.-------------.-..--0.
POLICE DEPARTMENT-CITY CODE- DIRECTOR OF FINANCE-BILLINGS AND
COLLECTIONS-FEE COMPENDIUM-SCHOOLS: The Director of Finance submitted
a written report advising that a team comprised of members from the Department of
Billings and Collections, City Treasurer, Department of Technology and the Police
Department reviewed the current parking ticket and decal ticket process and
submitted recommendations for improvements that will have a positive impact on
efficiency in processing, collections and customer service; the current parking ticket
and decal ticket process has been in place and unchanged, except for fine
increases, for over 30 years; the existing process requires that parking tickets and
decal tickets be paid within ten calendar days, or a $15.00 late payment penalty is
automatically added; for tickets unpaid after ten days, a law enforcement notice is
mailed providing five calendar days for the violator to pay the fine in full, including
the late payment penalty; if unpaid after a 15-20 calendar day time frame, a court
summons is automatically issued and the violator incurs court costs in addition to
the ticket and late payment penalty.
It was further advised that since tickets and late payment penalties have
steadily increased, and business processes have changed in other areas; it became
important to assess potential improvements to the parking ticket and decal ticket
process; customers(violators) have continually stated that they need more time to
272
pay; between customers' work schedules and timing of their paychecks, many
cannot pay within the 15-20 days before a court summons is issued; and it has been
found that many payments were mailed between the time the original ticket was
issued and the law enforcement notice and the court summons were sent, which
imposes additional manual work on the part of several City departments.
It was explained that Sections 20-33.1, 20-33.2 and 20-89 of the City Code
provide that partial payments may not be accepted by the City Treasurer; when
tickets were only $2.00, this was an appropriate guideline, however, tickets now
range from $15.00 to $125.00, not including a $15.00 late payment penalty and fees;
while business practice dictates that the goal should be to always collect ticket
payments in full, partial payments are often received through the mail, or are
necessary to accommodate a particular situation; and a change in the City Code will
allow the City Treasurer to properly process payments.
It was advised that the fine for City decal violations is $43.00; pursuant to a
regional enforcement compact, the City is also authorized to ticket vehicles from
surrounding jurisdictions with expired decals; the fine for decal violation:: for
vehicles from surrounding jurisdictions (Section 20-33.2) has not been increased for
some time; the fine should be increased to reflect the same fine imposed for City
decal violations pursuant to Section 20-33.1; and when parking fines were adjusted
in May 2002, the Virginia Western Community College (UVWCC") fine structure was
not properly addressed; therefore, it is proposed to increase parking fines at VWCC
from $15.00 to $20.00, and Virginia Western Community College concurs in the
explained workload in the General District Court.
The Director of Finance recommended that Council amend Sections 20-33.1,
20-33.2 and 20-89 of the Code of the City of Roanoke to:
. Increase the number of days for ticket processing prior to court
summons from 15 to 45 and provide for issuance of a late notice
prior to issuance of a law enforcement notice.
. Provide that the late payment penalty does not apply until after
15 days from ticket issuance.
. Provide authority for the City Treasurer to accept partial
payments of parking tickets and late payment charges.
. Specify that a $30.00 administrative fee may be applied to the
total charges pursuant to Section 2-178.4 of the Code of the City
of Roanoke (1979), as amended.
, .............._.."-",,,,
273
Amend Section 20-89 of the City Code to:
. Eliminate redundant provisions.
. Increase the Virginia Western Community College parking fines
from $15.00 to $20.00.
· Specify that a presumption exists that the registered owner is the
person who committed the violation.
Amend Section 20-33.2 of the City Code to:
. Increase the fine for expired decals for surrounding jurisdictions
to $43.00 to make the fine consistent with Section 20-33.1 of the
City Code.
Mr. Dowe offered the following ordinance:
(#36303.050503) AN ORDINANCE amending and reordaining Section 20-33.1,
Same Reauirements: obtainina license plate. taa or decal a condition precedent to
discharge of violation. and Section 20-33.2, Reauirements for operation: obtaining
decal a condition precedent to discharge of violation, of Article II, Vehicle Licenses,
of Chapter 20, Motor Vehicles and Traffic, ofthe Code ofthe City of Roanoke (1979),
as amended, to provide for the increase of fines and change the time within which
to pay such fines, providing for an effective date; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 220.)
Mr. Dowe moved the adoption of Ordinance No. 36303-050503. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith ----..----------..---------------------------------------------------------------------------7.
NAYS: None-------_..--------------------------------_________---------------------------------------0.
Mr. Dowe offered the following ordinance:
(#36304.050503) AN ORDINANCE amending and reordaining Section 20-89,
Penalties For Unlawful Parking, of Division 3, Duties of Police Officers. Penalties For
Unlawful Parking. of Article IV, StOPPing. Standina and Parkina, of Chapter 20, Motor
Vehicles and Traffic, to effect amendments to Section 20-89 that govern penalties for
".""._~--' ,,',,".,--_.~,'
""'" "'_ri"~
274
unlawful parking in order to increase the effectiveness and efficiency of collecting
fines for parking violations and to eliminate redundance; providing for an effective
date; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 225.)
Mr. Dowe moved the adoption of Ordinance No. 36304-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith _______________________________________.________....___---------------.-------.--7.
NA"l): NClI1E1----------------------.-----------.----------..------------------------------------------0.
CITY CODE-TAXES-FEE COMPENDIUM: The Director of Finance submitted a
written report advising that Section 58.1-3958 of the Code of Virginia, 1950, as
amended, authorizes application of an administrative fee to unpaid taxes and
charges; effective July 1,2003, the fees will be increased by State law to $30.00 and
$35.00; and following notice of delinquent taxes or other delinquent charges and
prior to any judgment, a fee of $30.00 is authorized and subsequent to judgment, a
fee of $35.00 is authorized; currently, the City Code authorizes a fee of $20.00 and
$25.00, respectively, and does not apply to charges other than delinquent taxes;
whereupon, the Director of Finance recommended amendment of Section 2-178.4
of the City Code to provide for an administrative fee for other charges in addition to
the administrative fee for taxes as currently authorized and authorize an increase in
fees as set forth in the Code of Virginia.
Mr. Dowe offered the following ordinance:
(#36305..Q50503) AN ORDINANCE amending and reordaining Section 2-178.4,
Assessment of Delinauent TaxDavers for Administrative Costs, of Article VIII,
Finance Generallv. of Chapter 2, Administration of the Code of the City of Roanoke
(1979), as amended, to provide for the assessment of administrative fees for the
collection of all dElbts owed to the City where the filing of a warrant or other
documents are necessary to collect such debts; providing for an effective date; and
dispensing with the SElcond rElading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 230.)
Mr. Dowe moved the adoption of Ordinance No. 36305..Q50503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
-_.._....."-,,..,
~
275
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Sm ith-----------------------------------------------------------------------------------------------7.
NA'fl): NClnEl-----------------------------------------------------------------------------------------0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ROANOKE CIVIC CENTER-SCHOOLS-PUBLlC WORKS-COUNCIL: Council
Member Wyatt inquired as to the status of a previous inquiry regarding City services
that have been privatized.
She also requested a briefing with regard to the procedure for issuing tickets
for City high school graduation ceremonies to be held in June in the Auditorium at
the Roanoke Civic Center.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
SEWERS AND STORM DRAINS-COMPLAINTS-HOUSING/AUTHORITY: Ms.
Eleanor Kasey, 1520 Shamrock Street, N. W., and Mr. Donald Hussey, 1612
Shamrock Street, N. W., reiterated concerns which were previously presented to
the Council in September 2002 with regard to the placement and the appearance of
a house at the corner of Wests ide Boulevard and Shamrock Street which was moved
to the neighborhood without prior notice to residents. They expressed further
concern with regard to the potential decrease in property values of surrounding
homes, and called attention to the following issues:
. The lawn has not been cut since the house was moved to its
present location in September 2002.
,.... "".~--",...,
276
. A large hole was dug in the yard for placement of a septic tank
which was left uncovered.
. The concrete foundation to the house has not been filled in.
. What action can the City take to expedite completion of the
house; what can be done to keep the house from being an eye
sore to the neighborhood; are there regulations prohibiting the
parking of heavy equipment in residential neighborhoods over
long periods of time; and in view of contributions by the City of
Roanoke to Festival in the Park and Grandin Theatre renovations,
etc., what types of City funds are available for improvements In
northwest Roanoke.
. How will residents be informed as to issues that affect their
neighborhoods in the future.
There was discussion as to whether the property could be connected to the
public sanitary sewer system, rather than a septic tank; whereupon, the City
Manager advised that since the property owner has already invested in and received
the proper permits for a septic tank system through the Health Department, the City
could not Intervene and currently, there is no mandate for a property owner to
participate in the City's sewer system, as opposed to installing a septic system.
COMPLAlNTS-TAXES-CITY EMPLOYEES: Mr. Robert Gravely, 3360
Hershberger Road, N. W., addressed issues of accountability and responsibility, low
wages for City workers, the average citizen cannot afford to attend social activities
in Roanoke such as Festival in the Park and concerts at the Roanoke Civic Center,
and the increase in water and sewage treatment rates that affect disadvantaged and
elderly citizens.
CITY MANAGER COMMENTS:
CITY CODE-cOMPLAINTS-HOUSING/AUTHORITY-SEWERS AND STORM
DRAINS: The City Manager responded to earlier remarks of Ms. Eleanor Kasey and
Mr. Donald Hussey. She called attention to a communication which was presented
to Council at Its 9:00 a.m., work session in regard to the house on Shamrock Street,
N.W. in which it was noted that the City does not have mandatory sewer connection
requirements, unless a sewer line is located immediately adjacent to the property;
and the sanitary sewer line for the house in question on Shamrock Street is
approximately 200 feet from the residence. She stated septic systems should not
be permitted in the City of Roanoke and advised that a measure will proposed for
consideration by Council in the near future recommending mandatory S5wer
",.----".
_........._,,-,,_..,
277
connection requirements, and Council will be provided with information on
associated costs inasmuch as certain areas of the City will require a pump station
in addition to actual extension of the sewer line. She stated that she would provide
residents ofthe Westside Boulevard area with a copy ofthe communication and she
would meet with Ms. Kasey to discuss her specific concerns.
In regard to remarks of Ms. Kasey that a hole was dug in the yard on
Shamrock Street for placement of a septic tank and left uncovered for a period of
time, Council Member Bestpitch requested a report on whether the City could require
some type of cover or barricade to be erected in order to prevent accidents. The City
Manager responded that the septic tank permit was issued by the Health
Department, the Health Department is responsible for inspecting the septic system,
and the City had no prior knowledge that a permit had been issued by the Health
Department until the City was contacted by Ms. Kasey. She stated that City staff will
research the question of who has jurisdiction over regulation of the site during the
construction process and advise Council accordingly.
SPECIAL EVENTS: The City Manager called attention to Local Colors which
will be held in the City of Roanoke on Sunday, May 18, 2003, that provides an
opportunity to celebrate the range of diversity that exists in the Roanoke Valley. She
called attention to the numerous cultural/entertainment opportunities that are
available for citizens of Roanoke, and encouraged citizens to support and to
participate in the events.
At 3:55 p.m., the meeting was declared in recess for two Closed Sessions.
At 4:05 p.m., the meeting reconvened in the Council Chamber, Mayor Smith
presiding, and all Members of the Council in attendance, with the exception of
Council Members Carder and Dowe.
COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler and MayorSmith--5.
NA"l): NClnEl--------.-...--------------..-------------.....----------------...-------------------------0.
(Council Members Carder and Dowe were absent.)
~"...,~~.......-" ".."~--~.,
..."..."-~, ~
278
HUMAN DEVELOPMENT -COMMITTEES: The Mayor advised that there is a
vacancy on the Advisory Board of Human Services, created by the resignation of
Glenn D. Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was appointed as a member
of the Advisory Board of Human Services by the following vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
MlI1f()rl;rnitl1--------------------------------------------------------------------------------------------------5.
NA"l;: N()I1E1-----------------------------------------------------------------------------------------0.
(Council Members Carder and Dowe were absent.)
COMMITTEES-FDETC: The Mayor advised that there is a vacancy on the Fifth
District Employment and Training Consortium, created by the resignation of Glenn D.
Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Rolanda B. Russell.
ThElre being no further nominations, Ms. Russell was appointed as a member
of the Fifth District Employment and Training Consortium by the following vote:
FOR MS. RUSSELL: Council Members Harris, Wyatt, Bestpitch, Cutler and
ftnll1f()rl;rnitl1----------------------------------------------____________________________________________________5.
NA"S: N()I1E1-------------------------------------------------------------------------------------------0.
(Council Members Carder and Dowe were absent.)
HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that there is a
vacancy on the Human Services Committee, created by the resignation of Glenn D.
Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
_.T~"".""""'"
279
There being no further nominations, Ms. Price was appointed as a member
of the Human Services Committee, for a term ending June 30, 2003, by the following
vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Sm ith------------.-.--....--.-..-.------------------------------------..-.--.-----------.--------------5.
NA)'S: NClnEl.-.------------------.---------------------------....--.----------------------------------.0.
(Council Members Carder and Dowe were absent.)
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: The Mayor
advised that there is a vacancy on the Roanoke Interagency Council, created by the
resignation of Glenn D. Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was appointed as a member
of the Roanoke Interagency Council by the following vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Sm ith ----------------------------.--...--..---------------------------........-------------------------5.
NAYS: None-....-..-.-------------------------.-.-.----------------------------.-....-----.---.0.
(Council Members Carder and .Dowe were absent.)
At 4:05 p.m., the Mayor declared the Council meeting in recess until 8:30 a.m.,
on Wednesday, May 7,2003, in the Noel C. Taylor Municipal Building, Room 159,215
Church Avenue, S. W., City of Roanoke, at which time Council will convene in fiscal
year 2003-04 Budget Study.
The Council meeting reconvened on Wednesday, May 7,2003, at 8:30 a.m., in
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding. The purpose of the meeting
is to engage in discussions regarding the City's fiscal year 2003-04 budget.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith------------.--...-----------------5.
COUNCIL MEMBERS ABSENT: William H. Carder and Alfred T. Dowe, Jr.------2.
l.rJ., ~r
280
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
OTHERS PRESENT: Troy A. Harmon, Municipal Auditor; George C. Snead, Jr.,
Assistant City Manager for Operations; Rolanda B. Russell, Assistant City Manager
for Community Development; Barry L. Key, Director of Management and Budget; and
Ann H. Shawver, Deputy Director of Finance.
The City Manager presented a ceremonial hat to the Mayor which was
previously presented to her by a delegation from Jalal-Abad, Kyrgystan, located in
the heart of central Asia. She advised that the delegation is participating in
internships though Legacy International, which provides a nationwide training
opportunity for citizen exchange for business managers and entrepreneurs and
other diverse sectors from 11 countries of the former Soviet Union.
BUDGET: The City Manager advised that on Thursday, May 7, 2003, CO'Jncil
will meet with the Roanoke City School Board, followed by a discussion with the City
Manager and the Fire Chief on the six positions that are recommended to be left
vacant in the Fire/EMS budget for fiscal year 2004, and any other carry over items
from today's budget session. She requested that Mr. Key review adjustments that
are proposed to be made to the proposed fiscal year 2004 budget based upon
additional revenue received from the State and/or items where it has been
determined that expenditure adjustments are needed which, in some respects,
corresponds to revenue adjustments and in other cases are separate from the
budget process.
Mr. Key reviewed the following recommended adjustments to the fiscal year
2004 General Fund budget in which an Increase of $83,965.00 is recommended in
revenues in the E911 tax and state revenue changes, several of which have
increased. He advised that while this is a positive change in the budget
development process, the City is still experiencing over $30,000.00 in State revp-nue
reductions in these areas.
It was explained that funding is not sufficient to restore any positions that
were unfunded in the budgets of Constitutional Officers; and Constitutional Officers
opted to reduce Temporary Wages and operating expenses which can be restored,
but additional funds do not represent sufficient monies to add back any of the
positions that were eliminated from the budgets of Constitutional Officers.
"~_._~
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281
Mr. Key advised that the City will receive a small increase in HB 599 law
enforcement funding which equals less of a reduction in the budget and the
combination of all ofthose changes is $83,965.00+ on the revenue side; and funding
is recommended to be restored to the Commissioner of the Revenue,
Commonwealths' Attorney and Treasurer budgets, in the amount of approximately
$30,000.00. He stated that for a number of years since creation of the Hotel Roanoke
Conference Center Commission, Virginia Tech and the City of Roanoke have
contributed equal amounts of $125,000.00 each in support of the Conference Center
and the City's share will go down to $100,000.00 in the same matching amount with
Virginia Tech.
In explanation, the City Manager advised that this is the second time in two
years that the Hotel Roanoke Conference Center budget has been reduced, in 2003
the budget was reduced by $25,000.00 and another $25,000.00 is recommended for
fiscal year 2004; on a short term basis over the next several years, reducing the
amount of funds is not problematic, but if the pattern of reducing the budget each
year is continued, in the out years, there will be the challenge of trying to identify
how to fund certain major replacements.
Mr. Key advised that the Roanoke Valley Cable Television budget has been
adjusted by $3,151.00 to match the City's share of the franchise fee.
He called attention to the hanging basket flower program which was
discussed previously by the Council, and explained that the Parks and Recreation
Department made a reduction in its budget to eliminate the City's hanging flower
basket program, although City staff was not aware ofthe action. However, he stated
that $24,500.00 has now been restored to the budget to retain the program.
The City Manager explained that in its internal budgeting process, the Parks
and Recreation Department made the decision to eliminate the program without
highlighting the action to budget staff or to the City Manager's Office. She stated
that the department corresponded with appropriate organizations approximately four
months ago and received no response, therefore, the department did not see the
issue as problematic. She explained that when the issue was raised by a Member
of Council, City staff researched the inquiry and discovered that staff of the Parks
and Recreation Department had previously authorized the budget adjustment;
however, funds have now been reinstated in the 2004 budget.
During a discussion of the matter, the City Manager clarified that no artificial
flowers will be used in hanging baskets.
. ~ ,
282
Also, during a discussion by Council, it was noted that Parks and Recreation
staff should be reminded that the decision to continue or to discontinue the hanging
basket flower program is not a decision that should be made by staff; whereupon,
the City Manager advised that the message has been communicated to Parks and
Recreation staff.
The Mayor referred to the City's practice of displaying the United States Flag
on flag polls in the downtown area of the City, which was initiated by the City
following the September 11, 2001 World Trade Center bombing, some of which are
beginning to show signs of wear and tear and need to be replaced.
The City Manager explained that originally, United States flags that were
displayed were ceremonial and were donated to the City by a fraternal organizeaCion,
with weather conditions, the flags became tattered and the City initiated a
replacement program, although funds had not previously been budgeted. She stated
that at some point it would be appropriate for the Council to discuss when it would
like to discontinue the practice of flying flags on a daily basis and whether Council
wishes to retain the red, white and blue lights on the Star, or return to the previous
practice of white lights only. She advised that when the President officially declares
the end of the war with Iraq, that occasion could serve as a symbolic time to make
the necessary adjustments.
Discussion by Council:
. It is of the utmost importance that United States flags be flown
that are clean, fresh and in good condition.
. If the City waits for the President to declare the absolute end to
the war, it could be waiting for a long time; therefore, it might be
more appropriate to develop another criteria for determining
when to return to illuminating the star with white lights.
. What costs are involved with changing the star back to white
lights?
. What is the cost to replace United States flags on an on going
basis?
. The amount of funds required to replace flags is insignificant
compared to other items and/or programs that are funded by the
City. The symbolism of the flag is important. The City should
playa leadership role in keeping the symbolism of patriotism in
the forefront which sends a strong message to all citizens and is
well worth the expenditure.
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. Fewer flags in good condition are better than numerous flags in
poor condition.
. The City should look for a time when it can celebrate the
completion of hostilities and return to the white illumination of
the Star so that if and when another dramatic event occurs, the
Star can be displayed with red, white and blue lights.
. How many locations display United States flags?
. Private citizens, businesses, and organizations could"adopt a
flag" program, which would help to eliminate some of the
financial burden on the City's budget.
. Citizens might expect the City to provide flags in the downtown
Roanoke area because that is the focal point of the City, but
citizens and businesses might prefer to participate in their own
neighborhoods when donating flags.
. It would be preferable to look at a "big picture" approach in
regard to the flags and the lighting of the star. The City could
display a limited number of flags on downtown Roanoke streets
and display flags at other locations on special occasions only.
It would be preferable for City staff to submit recommendations.
. The City should do something to cause citizens of Roanoke to
understand how fortunate they are to live in the Roanoke Valley
and displaying the United States flag fits into that category.
. Flags should be special no matter how they are displayed and
should not blend in with the landscape.
. Veterans organizations should be given the first opportunity to
adopt flags in Lee Plaza around the War Memorial.
. Flags could be displayed in a special arrangement at the four
corners at each intersection in downtown Roanoke, and on other
special ceremonial days, flags could be flown on downtown
Roanoke streets.
It was the consensus of Council that the City Manager will ensure that current
United States flags on display are in good condition, City staff will provide
information on costs and recommendations with regard to continuing the program
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in such a way that it will not be a total City expense, and provide suggestions on
how to expand the program to other parts of the City of Roanoke in addition to the
downtown area.
Mr. Key advised that balancing revenues and expenditures would allow the
City to put another $51,760.00 in the Contingency Fund. He called attention to a
financial goal for the Contingency Fund to reach one-half of per cent of the General
Fund and the additional $51,760.00 brings the Contingency Fund a little closer to
meeting the City's established goal.
The City Manager and the Director of Finance presented a joint written report
advising that retirees of the City of Roanoke Pension Plan are awarded cost of living
adjustments on an ad hoc basis by Council; and the Plan does not include a
provision for an automatic cost of living adjustment due to the significant actuarial
cost and related increase in contribution rates, thus cost-of-Iiving adjustments are
not pre-funded in the Plan, but rather the increased cost is recognized when the
increase has been awarded.
It was advised that facts such as a change in the Consumer Price Index, the
increased cost to the Plan, the amount of raises provided by similar plans within the
state and the amount of increase provided by Social Security are considered as a
part of the recommendation for an annual adjustment.
It was noted that eligible members ofthe Pension Plan received a 2.6 per cent
cost of living adjustment on July 1, 2002, which is the seventh consecutive cost of
living adjustment provided to eligible retirees, and the recommended budget for
fiscal year 2004 Includes a 2.25 per cent increase for active employees; and a decline
in the investment performance of the pension fund over the past two years has
resulted in an increase in the contribution rate for fiscal year 2004 from 6.25 per cent
to 7.59 per cent of payroll, with the additional cost to the General Fund at
approximately $702,000.00.
It was explained that the proposed 1.4 per cent increase to eligible members
of the Plan, effective July 1, 2003, will increase the average annual retirement
allowance by approximately $149.00, costing the Plan an additional $212,213.00
annually; the actual cost of a 1.4 per cent cost of living adjustment is estimated at
$2.0 million to be funded over the next 20 years through the annual payroll
contribution rate which results In an increase of approximately $133,000.00 in annual
contributions to the Plan; the increase applies to those retirees who retired un or
before July 1, 2002; approximately 1,422 of 1,492 retirees, or 95 per cent of those
receiving benefits as of April 30, 2003, will be eligible for the increase, which
increase will apply to a member's or surviving spouse's annual retirement
allowance, excluding any incentive payments made under the Voluntary Retirement
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Incentive Program established by Ordinance No. 30473-41591 adopted on April 15,
1991, or to the retirement supplement paid according to Section 22.2-61 of the City
Code; and all City operating funds, along with the Roanoke Regional Airport
Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley
Detention Commission, and the Commonwealth of Virginia, will assume their pro
rata cost for funding the cost of living adjustment.
The City Manager and the Director of Finance recommended adoption of a
measure granting a 1.4 per cent cost of living adjustment for eligible retirees.
The City Manager advised that if one were to compare what the City of
Roanoke provides to its retires, including the health insurance supplement, and
what the City does on a regular basis for cost of living adjustments, Roanoke is
more generous with its retirees than many other retirement systems, public and
private. She stated that the VRS system is strictly a retirement benefit and does not
include a health insurance component which is left up to the discretion of the
individual localities.
Ms. Wyatt referred to the concern of retired teachers who have been
unsuccessful to date in persuading the School Board to provide the $75.00
matching funds for health insurance which is a minimal amount of money and would
allow retired teachers to access State funds to help supplement their health care
costs.
The City Manager responded that two years ago, because of the Council's
expressed concern, the City administration drafted a communication that stated if
the School Board would like to make the benefit available for retired teachers, the
then City Council would consider providing an additional amount of funds for that
express purpose; however, no response was received from the school system. She
advised that last year, the State, along with its myriad of reductions, also passed
back to participating localities the cost that had previously been State funded for
health insurance; therefore, local school boards that had elected to provide the
benefit had to assume an additional cost that had previously been a State cost. She
stated that the matter could be a potential agenda item for discussion by Council
and the School Board at its joint meeting on Thursday, May 7.
The City Manager was requested to clarify a statement which was made by
a speaker at the May 1, 2003 public hearing on the proposed 2004 fiscal year budget
that exceptional pay programs for certain segments of the City organization are
becoming too common.
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Mr. Key explained that Council approves certain initiatives each year in the
Pay Plan Ordinance, such as the Career Enhancement Program in the Police
Department, and incentives for Fire/EMS for different levels of emergency
medical services classes and certifications, etc. He stated that major
restructuring/reclassification of labor and trades jobs classifications and the
Community Policing Specialist designation program are new programs proposed for
implementation in fiscal year 2004.
The City Manager called attention to a provision, which has been an ongoing
part of the City's pay and classification ordinance, that allows for payment for
meritorious performance in the form of up to a maximum of five per cent of salary
as a one time adjustment that can be awarded in a lump sum payment or
incorporated into pay, which would fall into the category of an individual receiving
a benefit versus an entire class, and can only be awarded by the City Manager. She
advised that during her tenure as City Manager, the one time bonus option has been
enceuraged, as opposed to incorporating an increase as a permanent part of salary.
There was discussion in regard to conducting public hearings at an earlier
time in the budget development process in which it was stated that this is an option
that can be pursued if Council so desires, and Council's Budget and Planning
Committee may want to discuss the option at a future meeting. It was noted from
staff's perspective that it would be helpful for the Budget and Planning Committee
to determine what it would like for the outcome of such a public hearing to be, and
how the outcome would be used to benefit the overall budget development process;
another issue is that of timing since Council usually holds its Financial Planning
Session in March of each year, therefore, the public hearing should be held far
enough in advance ofthe session to allow staff adequate time to process the results
of the public hearing for consideration by Council. Another timing consideration is
the "normal" release of the Governor's State budget recommendation in December,
therefore, the public hearing should be held afterwards to allow agencies funded
through the State budget to determine the impact on their operations.
Council Members Wyatt and Bestpitch lended their support to the above
suggestion by the City administration. It was also suggested that the budget public
hearing could be held on a third Monday at 7:00 p.m., which meetings are routinely
devoted to public hearings.
The City Manager advised that the Law Library expenditure budget is
determined by the amount of fees collected in support of its operation; the Code of
Virginia, Section 42.1-70, allows local governments to assess a fee of $4.00 per civil
action or suit filed in local courts in support of law library operations and Roanoke
has collected this fee amount since it was last increased in 1988; the fee is expected
to generate approximately $120,000.00 in fiscal year 2004 and a $119,271.00
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expenditure budget is recommended; Roanoke's Law Library will close on
Thursdays, effective July 1, 2003, as a cost reduction measure; this is yet another
local service reduction made necessary by the State's decisions to reduce aid to
localities and not give localities local flexibility to generate revenues needed to
provide adequate services; and the main library budget has been reduced also in the
amount of $35,844.00 because of State aid reductions, necessitating a reduction in
operating hours.
The City Manager explained that the Roanoke Bar Association has agreed to
contribute an additional $3,500.00 annually to offset the cost of specific services
provided by the Law Library for its members; until recently, Roanoke Bar
Association members had after-hours access to the Law Library with personal keys,
however, this practice has been discontinued with heightened building security
measures that were recently implemented.
It was explained that it is recognized that the current fee structure does not
adequately provide for necessary staffing and materials for law libraries across the
State, not just in Roanoke, and recent attempts to have the fee level increased by the
General Assembly have been unsuccessful; localities plan to lobby the fiscal year
2004 General Assembly for an increase in the fee from $4.00 up to $6.00, which
would generate an additional $50,000.00 to $60,000.00 in funding for Roanoke's Law
Library; and this may be an issue that the Council would want to include in its 2004
Legislative Agenda package.
Mr. Bestpitch expressed concern with regard to maintaining the collection of
materials in the Law Library because in the long run it could cost more to rebuild the
collection. He stated that the matter should be considered in the perspective of what
needs to be done over the next few years to get the library plan completed, and a
better way to address the law library over the long term should be included in the
overall library study.
The Director of Finance called attention to an existing agreement which
provides that the City and the Law Library would share 50/50 on any shortfalls in the
operating budget; whereupon, the City Manager was requested to review the
document and report back to Council accordingly.
The City Manager advised that there is a belief by the Roanoke Bar
Association that the collection should be more accessible to the public; there is a
difference of opinion between the City's Library Director and representatives of the
Roanoke Bar Association as to the impact, if any, that a reduction in available funds
will have on the Law Library; and City staff has recommended dealing with the issue
through a reduction in operating hours of the Law Library and a long term solution
is needed with regard to location of the Law Library. She stated that the Roanoke
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Bar Association is aware of the contractual responsibility to come up with one half
ofthe short fall, but has stated that it will make $3,500.00 available. She advised that
there will be an effort to contact Bar Associations in neighboring jurisdictions that
also use the City's Law Library to determine if they are willing to make a
contribution. She stated that the amount of funds is not the issue, but the principle
inasmuch as the City passed on to the public library, which serves a significantly
larger popUlation than the Law Library, the State cut for state aid to public libraries,
and in order to accommodate the decrease in funds, the City has reduced library
operating hours. She advised that when the Law Library receives the unintended
consequence of fewer filings and therefore less money, it is believed in the spirit of
the previous direction by Council, that staff should find a way to meet the reduction,
and the solution is a recommendation for a reduction in hours.
There was discussion with regard to Local Colors and its association with
Event Zone. Question was raised as to the funding source for the salary of the Local
Colors Coordinator; whereupon, the City Manager advised that the City has not
contributed local dollars to Local Colors, other than in kind support; and funds are
included within the Event Zone contract for grants to organizations to develop
festivals and to fund staff positions.
The Mayor referred to action taken by the Budget and Planning Committee in
reducing the amount of funds expended by the Mayor's Office for speech writing
purposes. He advised that it was unclear as to whether the reductions applies to{he
fiscal year 2004 budget year, or if the reduction was effective on the date that t~e
motion was adopted by the Budget and Planning Committee. The City Attorney
advised that he would research the minutes and advise Council accordingly.
Ms. Wyatt requested that the City Manager review the current policy for access
to the Noel C. Taylor Municipal Building in order to make the building more user
friendly to citizens and staff. She stated that requiring persons to access the
building by using the second floor main entrance only presents a hardship for some
persons.
The City Manager advised that the City should not return to the way the
Municipal Building was accessed prior to Homeland Initiatives and, in fact, the
number of access points should be minimized in the future. She stated that she
knew of no Municipal Building that has the number of public access points as
Roanoke City that were unmonitored prior to staff giving severe scrutiny to the
access points. She explained that the building must be handicapped accessible,
and currently the only access point is one door on the first floor, however, staff is
reviewing options to provide for handicapped accessibility at another location, in
additton to a keyless system for the front door. She called attention to repeated
complaints by City employees about the lack of security in the Municipal Building,
and as soon as security measures were instituted, complaints were received about
the inconvenience.
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It was the consensus of Council to hold in abeyance the discussion regarding
positions in the Fire/EMS Department until Thursday, May 8, following the joint
meeting of Council and the School Board.
At 1 0:25 a.m., the meeting was declared in recess until 8:30 a.m., on Thursday,
May 8, 2003.
The Council meeting reconvened at 8:30 a.m., on Thursday, May 8, 2003, in
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith and School Board Chair Gloria P.
Manns presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
C. Nelson Harris, Linda F. Wyatt (arrived at 8:45 a.m.) and Mayor Ralph K. Smith-----5.
COUNCIL MEMBERS ABSENT: William H. Carder and Alfred T. Dowe, Jr.----2.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
Melinda J. Payne, Robert J. Sparrow, Ruth C. Willson and Gloria P. Manns, Chair--6.
SCHOOL TRUSTEE ABSENT: William H. Lindsey--------------------------------------1.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk;
Richard L. Kelley, Deputy Clerk, Roanoke City School Board; Rita Bishop, Associate
Superintendent of Instruction, Roanoke City Schools; and Cindy Lee, Clerk Roanoke
City School Board.
BUDGET-SCHOOLS: Chairperson Manns extended the regrets of
Superintendent Harris who was on vacation and Mr. Lindsey who was out ofthe City.
She called on Assistant Superintendent Richard Kelley to present highlights of the
fiscal year 2004 School budget.
Mr. Kelley called attention to discussions by the School Board with regard to
the overall purpose of the School Board, which is to educate all children of the City
of Roanoke in order to become productive citizens, to discover the wealth within all
children, and to assist all children in realizing their full potential. He stated that out
of that venue, the School Board discussed which programs and activities are
important; and how to go about achieving the School Board's purpose which is to
provide quality staff, to implement programs to develop the talents of all children,
and to ensure that facilities are safe, clean and modern. He advised that preliminary
budget discussions addressed the question of how the School Board should
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allocate available resources to achieve its purposes; i.e.: to examine priorities and
available funds, to determine the best use of available funds, and to eliminate or
reduce programs not directly contributing to the purpose of the School Board. He
reviewed charts of General Fund City revenue changes from fiscal year 2001 to 2004,
State revenue changes from fiscal year 2001 to 2004, General and Food Service
Funds from fiscal year 2001 to 2004, enrollment from fiscal year 1995 to 2004, and
employee salaries from 1995 to 2003. In terms of maintenance of services, he stated
that there is a net projected increase of $2,641,642.00 for fiscal year 2003-04, and
cost reductions of$1, 711,026.00, for a total increase of$930,616.00; and most ofthe
increase is due to employee health insurance at $1.95 million, special education/Ell
costs at $165,000.00, school technology systems costs at $89,000.00, City retirement
at $75,000.00, maintenance of student records at $47,500.00, school checking
service charges at $30,000.00, property and casualty insurance premiums at
$25,000.00, and the food service fund at $210,000.00
Mr. Kelley reviewed the following cost reductions:
Personnel - ($867,000.00)
Personnel lapse in salaries and positions - ($574,000.00)
Administrative staff 2.4 fte - ($125,000.00)
Teacher extended contracts 3.75 fte - ($168,000.00)
Programs - ($255,000.00)
Local match Blue Ridge Technical Academy - ($50,000.00)
Local match Noel Taylor - ($28,000.00)
Magnet theme programs - ($39,000.00)
Truancy program match due to loss of State funds - ($40,000.00)
Tuition for Governor's School and Minnick Center ($98,000.00)
Funding restored for $100,000.00 of original reduction of $150,000.00
Operating costs - ($445,000.00)
Department supplies and postage - ($43,000.00)
Utilities and purchased services - ($324,000.00)
Professional development - ($78,000.00)
Other costs - ($141,000.00)
New textbook adoptions - ($99,000.00)
Equipment replacement - ($42,000.00)
Debt service - ($84,000.00)
Current debt service - ($141,000.00)
New debt service - ($57,000.00)
He advised that budget proposals include Employee Salary Raises of 5.4 per
cent totaling $3.6 million, Principals' Salary Upgrade (Phase 2) totaling $118,500.00,
High School Debt Service Reserve totaling $350,000.00, Ruffner After School
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Program totaling $70,000.00, Teacher Substitute Pay totaling $197,000.00, High
School Seventh Period Day totaling $1.05 million, and Summer School Salary Raise
totaling $165,000.00. He reviewed the revenue summary update as of April 17 , 2003,
as follows:
Total Revenue Change - $3.78 million
State - $1.19 million
City - $2.17 million
Federal/Other - $80,000.00
Food Services - $336,000.00
Mr. Kelley was requested to provide an update on funding for a health
insurance supplement for retired teachers; whereupon, he called attention to a
program in which the State provides funds for health insurance premiums,
regardless of what the locality does, the locality has an option of also participating
and the locality's participation means that the retiree would get an extra $900.00 per
year toward the health insurance premium to match the State's approximately
$900.00 per year. He advised that it was estimated last year that it would cost the
Roanoke City school system approximately $228,000.00, and the School Board made
the decision not to fund the program, and funds were not included in the 2004
budget due to budget constraints. He stated that the cost continues to escalate and
it is estimated that it would cost approximately $230,000.00 - $235,000.00 to
participate in the State option.
There was discussion in regard to how the City of Roanoke compares with
other localities in the Roanoke Valley in terms of teacher salaries; whereupon, Mr.
Kelley advised that Roanoke City is higher than Roanoke County by about $200.00 -
$300.00 per year, the City of Roanoke begins to fall behind Roanoke County in the
middle of the salary scale around year ten, and in year 15, Roanoke City begins to
advance beyond Roanoke County. He stated that for senior teachers with more than
20 years of experience, Roanoke City is significantly above Roanoke County;
Roanoke City is above Franklin County in the beginning salary, although the senior
salary is higher in Franklin County; and Botetourt County has almost caught up with
the City of Roanoke and surpasses the City in some areas. In terms of the overall
competitive situation, he advised that with the 2004 budget, Roanoke City will be
able to catch up somewhat, but there are still areas of inconsistencies.
There was discussion in regard to teacher morale in which is was point&d out
that the pay structure is part of the reason for the employee turn over rate, and other
issues enter into the question which may be specific to some teachers but not to all
teachers.
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There was further discussion in regard to the cleanliness of rest rooms in
some schools, the lack of paper towels, no indication that hands are washed after
using rest room facilities, and toilets that are not flushed. It was stated that if the
school system is concerned with the well being of Roanoke's children, cleanliness
of facilities should be a paramount issue.
In response, Mr. Kelley advised that he would investigate specific situations
and talk with school principals and custodial supervisors. He called attention to
major efforts over the past several years to keep high school rest rooms in better
condition which has involved substantial sums of money.
Concern was also expressed in regard to the cleanliness of the Auditorium
at Patrick Henry High School, and school custodians who were not always in
attendance to oversee scheduled events.
Mr. Kelley reviewed final budget recommendations dated April 17 , 2003 in the
General and Food Services Funds Budget, as follows:
Total Revenue Increase totalling $3.78 million
Maintenance of Services totalling $930,500.00
Average Salary Raise of 3.05 per cent for
Teachers/Administrators and 3.25 per cent for Classified
Employees totalling $2.1 Million
Upgrade of Principals' Pay totalling $118,500.00
Debt Service Reserve totalling $350,000.,00
Ruffner After School Program totalling $70,000.00
Teacher Substitute Pay Increase totalling $197,000.00
Other Initiatives totalling $48,000.00
Mr. Kelley presented a briefing on the Patrick Henry High School constru::tion
project which started in 2000-01, at which time the long range planning committee
developed a high school program curriculum; using the curriculum, a high school
facility study was prepared by Richard Rife and Associates which consisted of six
subcommittees; i.e.: academics, fine arts, community use, athletics, school plant
and auditorium; and a series of meetings were conducted over nine months and
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attended by approximately 125 community and school representatives. He advised
that the long range planning committee met and reviewed concepts from August
2001 - March 2002 of high school plans, options for high schools,. and
recommendations to the architect on how the high schools should be structured for
the 21st century. He called attention to an approved facility study for both high
schools; and the community has expressed a desire for a new facility image that
would be open and inviting to the public in a single building, with the facility to be
organized into a smaller starting community of 500 - 600 students. He advised that
input from the community centered around greater community use such as a media
center, adult career development, arts and athletic facilities and a full range of
technology and flexibility. He explained that the recommendations apply to both
Patrick Henry and William Fleming High Schools; the facilities study recommended
that all present buildings be replaced, except Gibboney Hall; a new building under
one roof will be constructed with a capacity for 1,600+ students; and the building
has a library, fine arts, cafeteria, and gymnasium under the same roof, athletic
fields and a track.
He stated that the facility will be constructed in four phases, and presented
slides of Phase I - classroom building, cafeteria, and library; Phase 2 - arts facility;
Phase 3 - gymnasium; and Phase 4 - final athletic fields and parking build out.
In regard to a time line, Mr. Kelley advised that design plans will be developed
in March 2004, the project will be bid in April 2004, projects will be awarded in May
2004, construction will commence in June 2004, building construction will be
completed in December 2005 and athletic fields and grounds will be completed in
June 2006.
The following budget break down was provided for the Patrick Henry High
School project:
Total budget = $38 Million
Architect & Engineering Fees = $2.75 Million
Construction Cost = $32.25 Million
Furniture and Equipment = $3.0 Million
Project Funding
City Share = $19 Million (City bonds)
School Share = $19 Million (Literary FundNPSA bonds)
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With regard to the provision of health care services to students, the City
Manager pointed out that the school setting is an ideal location and plans for Patrick
Henry High School call for additional space to be available for health services as the
opportunity becomes available for those kinds of services in the future. She advised
that as buildings are planned for the future, staff will be looking at ways to do things
better.
Upon question, Mr. Kelley advised that the track facility will be designed to
meet standards for athletic competition; however, there will be certain budget
constraints; and exterior design of the two high school buildings will include an
identifiable front entrance that will be architecturally appealing and inviting.
There was discussion with regard to enhanced security; whereupon,
Mr. Kelley explained that with all facilities under one roof, security cameras will be
equipped with the latest in technology, and it will be easier to identify those persons
who should not be on the school campus; landscaping will be provided within
budgetary limitations; the school system will meet the requirements of the City
Engineer in regard to storm water management; and the project is tied intu the
greenway around Raleigh Court Elementary School.
In terms of security, there was discussion with regard to reducing the number
of school resource officers in two or two and one-half years, rather than in fiscal
year 2004; whereupon, Mr. Kelley advised that the Superintendent is currently
working on a study in conjuction with the Chief of Police in regard to the need for
school resource officers at Patrick Henry High School, and it is expected that they
will reach an agreement by June 2003, provide a recommendation to the School
Board, and if a third resource officer is warranted, the officer will be in place for the
next school year. He stated that whether or not the resource officers will continue
to serve after construction of the school building is completed will be determined
at that time.
In regard to financing for Patrick Henry High School, the Director of Finance
advised that in the near future, Council will be requested to schedule the req_.ired
public hearing to authorize issuance of debt, and even though construction will not
start until 2004, it will be necessary to appropriate anticipated bond proceeds.
Rita Bishop, Associate Superintendent of Instruction, presented a briefing on
Career and Technical Education (Vocational Education) and an update on the Blue
Ridge Technical Academy.
Mr. Bestpitch suggested that Council and the School Board engage in a
discussion relative to the philosophy of vocational/technical education, as opposed
to a review of the document that was forwarded to Council for review several days
ago.
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Following discussion, it was the consensus of Council and the School Board
that Ms. Bishop would present the briefing, to be followed by a discussion on
philosophy.
Ms. Bishop advised that Career and Technical Education must be updated to
reflect the market place and market place needs. She stated that the philosophy of
Roanoke City Schools is that most, if not all students, can benefit in career and
technical education; the school district has to do everything possible to create and
sustain viable offerings; and the school district needs to increase its enrollment in
career and technical education. She stated that the Noel C. Taylor Learning Center
is an important part of Roanoke's school system in addressing the needs of those
students having behavioral difficulties and other kinds of problems.
There was discussion as to how the time of the Principal can be divided
between the Noel C. Taylor Learning Center and the Blue Ridge Technical Academy
and still be able to give both programs the kind of attention that is necessary; and
how can the assignment of one person as Principal to both facilities support
Roanoke's philosophy of education.
Ms. Bishop responded that the Planning Director at Noel C. Taylor Learning
Academy also served as Principal at Blue Ridge Technical Academy the preceding
year, a new assistant to the Planning Director has been assigned to Blue Ridge
Technical Academy, therefore, full time leadership is provided at Blue Ridge
Technical Academy. She advised that she would share the concerns of Council
with the Superintendent of Schools; however, at this point, in terms of enrollment
numbers and given the Planning Director's past experience at Blue Ridge Technical
Academy, it is important that there be directional continuity.
It was suggested that there should be a connectivity with the work place and
that partnerships should be developed within the business community to determine
their needs and to design a curriculum that ensures that students will have jobs
upon graduation.
During the discussion, it was noted that the City of Roanoke is one of only two
school districts in the entire Commonwealth of Virginia that does not have a
seventh period day.
Ms. Bishop reviewed program enrollment data for the period 2001-2004,
including courses in Business Education and Marketing, Health Occupations, Work
and Family Studies, Technology Education, and Trades -Industrial, showing a total
of 3,038 students in 2001-02, 2,880 students in 2002-03 and 2,910 projected
enrollment in 2003-04; and Certification data in connection with the Aeronautics
program for the period 1999-2002, showing that 23 students received their Pilot's
Designation and ten students received their Private Pilot's License. She also
296
reviewed data on the Occupational Certification Program, including the Auto
Mechanics program, Automotive Service Excellence Exam (ASE) and Automotive
Service Excellence Certification; and for the period 2000-01, two students prepared
to take the exam, in 2001-02 two students passed the first part of the exam, and in
2002-03 six students will receive their Automotive Career Studies Certificate; and the
Cosmetology Program and Virginia Hairdresser License Program showing that in
2000-01 six students prepared to take the exam, in 2001-02 two students took the
exam, and in 2002-03 six students prepared to take the exam. She called attention
to the Health Careers program and First Responder Certification (EMT) program, and
advised that the new program was approved in 2001-02 and in 2002-03 students will
be prepared to take the exam; and the Metal Working Technology program and the
American Welding Certification, showing that two students were certified in 1999-
2000, two students passed the exam in 2000-01 and two students will be prepared
to take the exam in 2001-02.
Ms. Bishop advised that new course directions will consist of sports,
entertainment and recreation marketing, virtual enterprise and criminal justice; next
steps to be taken in the program include the development of community
partnerships, more teachers will be encouraged to participate in workshops and
internship programs, continue to increase dual enrollment, development of new
occupational certification programs such as microsoft office specialist in 2003-04
and AutoCAD to follow, explore additional avenues for school-to-work transition,
enhance programs through purchase of new equipment using Federal funds, and
address the needs of special population students in cooperation with special
education personnel.
She stated that the Blue Ridge Technical Academy is a specialized charter
school offering academics, workplace training and partnerships and technology;
and called attention to curricula being developed with Johnson and Johnson as a
primary partner, the Roanoke Higher Education Center, Virginia Western Community
College and associate partners, and Carilion Health Systems, Carilion Bio-Medical
Institute and the College of Health Sciences as potential partners. She stated that
the goal is to provide students with exposure to health careers, employability skills
through problem solving and teamwork, a technology enriched curriculum, ongoing
teacher professional development and work-based learning opportunities.
With regard to current enrollment in technology in the workplace, Ms. Bishop
advised that there are 22 10th and 11th graders and 23 GED (ages 16 - 18);
Informational technology, multimedia desktop publishing, dual enrollment and
microsoft career studies include 2210th and 11th graders and 23 GED (ages 16 -18)
enrolled in the program; and Career Pathways include 22 10th and 11th graders and
23 GED (ages 16-18) enrolled in the program.
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The Mayor invited comments with regard to the relationship between Council
and the School Board; whereupon, it was the consensus of Council that the topic
could be included on the agenda for a future Council/School Board retreat.
There being no further business to be discussed with the School Board, at
9:50 a.m., the Mayor declared a brief recess.
The Council meeting reconvened at 10:00 a.m. with Mayor Smith presiding,
and all Members of the Council in attendance, with the exception of Council
Members Carder and Dowe.
In response to a remark by Council Member Wyatt with regard to the
possibility of identifying $500,000.00 for a seventh period day for Roanoke City
Public Schools, the City Manager advised that the estimate which was provided to
the schools in December was approximately $400,000.00 less than the final number
and the school administration has been informed of an additional $400,000.00 that
will be made available to the school system based on the funding formula
distribution to be used at whatever level the school system deems appropriate. She
stated that the school system has chosen to allocate the $400,000.00 to other
priorities, and previous City Councils have been committed to maintaining
compliance with the formula for distributing funds between the City and the
Schools.
BUDGET: The City Manager referred to a recommendation to hold vacant for
fiscal year 2004 six fire fighter positions, and requested that the Fire Chief respond
to questions by Council and provide a brief overview of the rationale behind the
recommendation. In clarification, the City Manager advised that this is a different
recommendation from the recommendation that was submitted last year in which it
was proposed to eliminate positions from the budget, to which there was a
modification of the recommendation by Council. She stated that the
recommendation for fiscal year 2004 is not to eliminate positions, or to remove
positions from the budget, but to not budget for the funding of six positions for 12
months which will provide an additional $245,000.00 to help balance the fiscal year
2004 budget. She advised that neither the City Manager or the Fire Chief would
make a recommendation to City Council that they believe would, in any way,
endanger the lives of citizens of the community. She assured Council that the
recommendation received considerable discussion, several additional positions
above and beyond the six that are proposed, could have been recommended to be
left unfunded, but it was believed that six positions was a reasonable number in
view of the budget reductions that are being required elsewhere throughout the City
organization. She advised that the needs of the City of Roanoke and its citizens can
be adequately addressed through the level of funding that is recommended in the
2004 budget for the Fire Department.
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At 12:00 noon, the meeting was declared in recess for lunch.
At 1:00 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, with Mayor Smith presiding, and all Members of the Council in
attendance, with the exception of Council Members Carder and Dowe.
Chief Grigsby presented an overview of current staffing in the Fire-EMS
Department. He advised that currently, on a daily basis, a fire staff of 67 persons are
on duty; and inventory consists of 12 engines, four aerial ladders, and seven medic
units plus command units, in Clearbrook. He stated that for each staffing position,
3.65 full time employees equivaient personnel must be maintained, which means that
every staff person would work 100 shifts per year, and 245 employees must be
maintained in order to keep the 67 persons on duty at all times. In the operations
division, he advised that there are 255 fte (full time employee) allocated positions
which provides the required ten fte allocated positions. He explained that the
proposal under consideration takes six of those ten positions, and leaves the
positions unfunded for one year. He explained that in December, 2002, all vacancies
were filled, but as of May 1,2003, there were 14 vacancies in the Fire/EMS division.
He advised that other options were considered; however, the City Manager's
directive was to provide for a significant review of the budget, with no reduction in
service, while maintaining 67 persons on duty each day.
Mr. Bestpitch expressed concern that the staffing level was at 255 in
December and currently there are 14 vacant positions which have occurred in a
short period of time; therefore, the number could easily dip below the 245 fte which
should be the minimum. He stated that if six more positions are unfunded, there
could be instances when 245 full time employees are noton staff for various reasons
such as leave time, military duty, etc.
Chief Grigsby advised that in 1996, approximately 40 employees of the
Fire/EMS department had 30 years of service which was a high senior employee rate,
and the average seniority at that time was 17 years; over the last four to five years,
the numbers have dropped and currently three employees have over 30 years of
service and approximately 21 employees have over 22 years of service; therefore,
the high fluctuation cycle will start to stabilize with a more normal attrition rate of
four to five per cent per year. He advised that the average tenure currently is 12
years, as opposed 17 years, which equals less leave time being generated.
Ms. Wyatt expressed concern with regard to the number of fire fighters who
are required to work their own shift, and then held over to work another 24 hours,
which means that the firefighter has worked a continuous total of 72 hours without
a break.
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Chief Grigsby advised that normally, holder overs are on the basis of a one to
two hour time frame which fluctuates due to the overtime cycle, the winter season,
the period between Thanksgiving, Christmas and after New Years holidays. He
stated that the department is currently experiencing a high vacation time with as
many as ten employees off every day as they use earned vacation leave before the
end ofthe fiscal year, as well as those employees in training, sick leave and military
leave, etc. He advised that he could not think of an instance when a fire fighter was
held over on a mandatory basis for 24 hours, although there might have been
instances when it has occurred, and fire fighters have the option to volunteer to
work another 24 hour shift. He responded to a question with regard to a fire
company being out of service due to lack of staffing, and advised that on a regular
basis, staff will engage in training functions; however, the established standard
provides that the unit is not more than three minutes out of service at any given time
and can be called upon whenever there is a major fire. He stated that a company
could be out of service for mechanical problems, or because medic units are enroute
to a hospital, or obtaining supplies, etc.
The Mayor advised that Roanoke is a City of approximately 95,000 persons
which equals one fire fighter on duty at all times for each 1400 citizens, and noted
that the City of Hampton has one fire fighter for each 2800 citizens, the City of
Norfolk has one fire fighter for each 2100 citizens and the City of Newport News has
one fire fighter for each 2200 citizens. He inquired as to why the number is higher
in the City of Roanoke with one firefighter per each 1400 citizens. Chief Grigsby
called attention to historical data and advised that four years ago, the City of
Roanoke had 14 fire stations as opposed to 13 today; 67 daily full time employees
is a high number and provides a tremendous level of service to the community, and
the City of Roanoke is heavier staffed on a per capita basis than many other
communities in the Commonwealth of Virginia. He stated that Roanoke is not any
more or any less at risk than other communities in Virginia; Roanoke is an inner city
with housing that dates back to the late 1800's and early 1900's, Roanoke has as
ageing population base with more nursing homes coming on line, all of which are
major concerns, however, many of those same conditions exist in other Virginia
communities. He advised that the City Manager's recommendation will not impact
the City's ISO rating.
Mr. Cutler inquired about the attitude of staff with regard to working overtime;
whereupon, Chief Grigsby advised that for the most part, overtime is considered to
be an extra perk since most of the fire staff have part time jobs and they can earn
more money through City overtime pay; therefore, to a certain extent, overtime is
considered to be a benefit. He stated that regular over time for the year totals
$130,000.00 and FALSA totals $135,000.00.
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. Chief Grigsby advised that in 2002, the Fire/EMS division responded to 17,395
medical calls, with approximately 10,000 requiring transportation, and of those
10,000 incidents, 33 occasions required that services be diverted to another fire
company.
Vice-Mayor Harris requested clarification as to the difference in eliminating
six positions and unfunding six positions; whereupon, the City Manager advised that
if one were to compare the current years' budget and the proposed budget in regard
to the number of positions in the fire department, the number remains unchanged,
and if elimination of a position was proposed, there would be a difference in the two
numbers. With reference to a number of positions in the City's budget, she advised
that staff chose to recommend elimination of positions in those instances where it
was convinced that on an ongoing basis, the City could operate without the
positions; and there was another group that included the six positions in the Fire
Department in which it is recommended that the six positions would be left vacant
and the salaries would not be budgeted in the Fire Department's budget. She stated
that if there is an unusual situation and there is a need to immediately fill the six
positions, authorization by Council would be requested and it would then be up to
the City Manager to identify the necessary funds for the positions. She advised that
neither the Fire Chief or the City Managerwould make a recommendation to Council
that would jeopardize the safety of Roanoke's citizens.
Vice-Mayor Harris inquired if this is an initial step to ultimately eliminate the
positions; whereupon, the City Manager responded that she could not make six a
prediction because she did not know what the year will show; however, that was not
her intent as she submitted the recommendation to Council.
Mr. Bestpitch advised that his first priority as a Member of Council is to ensure
that the City has the available minimum staffing to operate fire equipment, which is
245 full time employees; another priority is to improve coverage in areas of the City
where the minimum response time is four minutes or less; a third priority is to
continue to look at opportunities to partner with Roanoke County, ultimately
leading to the development of a single Fire/EMS Department to serve both Roanoke
City and Roanoke County; and last is to eliminate the friction of a volunteer service
for REMS (Roanoke Emergency Medical Services), which does not fit in the 21st
century in an urban center like the City of Roanoke. He stated that the City does not
have, nor does it have the probability of having,. the capacity to recruit enough
volunteers to provide staff for REMS, but the City continue to have part time
positions to ensure that units are staffed, without professionalizing the positions
and making them a part of the City's Fire/EMS Department. He advised that
unfunding the six positions will not support his priorities for Roanoke's Fire/EMS
division.
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The Mayor advised that Roanoke currently provides one fire fighter for each
1400 citizens; however, no assurance can be given that with six additional
firefighters or 16 additional firefighters, there will not be another fire in the City of
Roanoke. He spoke to the amount of funds budgeted by the City of Roanoke per
capita for fire/emergency medical services compared to other Virginia localities;
currently, it is not possible to reach all homes in the City of Roanoke within a four
minute response time; the City of Roanoke has as many fire stations as are
practical; Council should be concerned about the welfare of Roanoke's citizens
whose tax dollars are used to fund services provided by the City; and he has heard
no comments about how Roanoke's citizens can survive in view of proposed
expenditures by City government.
The Mayor invited Council to direct management.
Mr. Bestpitch moved that the six fire fighter positions be funded in the fiscal
year 2004 budget. The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Bestpitch, Harris, and Wyatt---------------------------------3.
NAYS: Council Member Cutler and Mayor Smith----------------------------------------2.
(Council Members Carder and Dowe were absent.)
In funding the six fire fighter positions in the fiscal year 2004 budget, Ms.
Wyatt suggested that the City administration look at services/programs, etc., as
opposed to employees, which could create a morale problem.
Pursuant to discussion by Council on Wednesday May 7, the City Manager
reported on the status of the Law Library budget. She referred to previous
discussions with regard to an agreement dating back to the late 1970's wl1ich
provides that any expenses in excess of the fees collected would be borne on a
50/50 basis between the City of Roanoke and the Roanoke Bar Association. She
also referred to a subsequent agreement in 1999 which provides that the Bar
Association will attempt to support, but does not have a requirement for a 50/50
match in excess of any collected revenues. She stated that the Director of Library
Services advises that in order to balance the 2004 fiscal year budget, there is a need
to decrease the amount budgeted for publications which might be harmful to the
overall Law Library collection, but would not adversely affect the core library
collection. She advised that the Law Library has requested funding from the
Roanoke Bar Association since the 1990's, but to date has not received financial
support; the Roanoke Bar Association voted to make a $3,000.00 contribution to the
302
Law Library for items such as telephone lines, West Law on line, and data llase
which are items that the Bar Association would like to be covered by the Law Library
and does not represent new money to address the deficit.
in summary, the City Manager stated that it is anticipated that there will be a
loss in filings, and therefore a reduced budget for the Law Library; there will be an
on going effort to determine which publications should not be renewed; shorter
operating hours are recommended to cover the balance of the Law Library deficit;
and the Library Director continues to indicate that the reduction will not have a
harmfui impact on the core collection of the Law Library.
There being no further business, the Mayor declared the meeting adjourned
at 2:40 p.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: e
Itt ~:/, tJ.A-/, <
Mary F. Parker
City Clerk
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SPECIAL SESSION-----ROANOKE CITY COUNCIL
May 12, 2003
9:00 a.m.
The Council of the City of Roanoke met in special session on Monday, May 12,
2003, at 9:00 a.m., the special meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetinas,
Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.
36283-042103, adopted by the Council on Monday, April 21, 2003.
PRESENT: Council Members C. Nelson Harris, Linda F. Wyatt, William D.
Bestpitch, William H. Carder, M. Rupert Cutler, Alfred T. Dowe, Jr., and Mayor
Ral ph K. Sm ith -----------------------------------------------------------------------------------------------7.
AEll;E:N,.: NClI1E1-------------------------------------------------------------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
COUNCIL-ACTS OF ACKNOWLEDGEMENT-REGIONAL CHAMBER OF
COMMERCE: Barton J. Wilner, Chair, Roanoke Regional Chamber of Commerce,
presented a resolution of appreciation to Council Member William H. Carder for his
service as a member of Roanoke City Council. (Mr. Carder's resignation will be
effective May 16, 2003.)
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COUNCIL-BUDGET: The Mayor advised that the purpose of the special
meeting was to enact measures relative to approval ofthe fiscal year 2003-04 budget
for the City of Roanoke.
BUDGET-CITY CODE-T AXES-ARMORY/ST ADIUM-ROANOKE CIVIC CENTER:
The City Manager submitted a communication advising that funding for Phase II of
improvements to the Roanoke Civic Center facility is recommended in the fiscal year
2003-04 budget, including construction of 45,000 square feet of open exhibit space,
a new kitchen, new truck dock, relocated cooling tower, administrative offices,
improvements to the auditorium, offices and locker rooms for sports teams and a
marquee on 1-581; total cost of Phase II is approximately $14.9 million and a $14.3
million bond issue is recommended to fund the project; and in order to generate
adequate revenues to service the debt, a 1.5 per cent City-wide rate increase in the
City's Admissions Tax was approved in the fiscal year 2003 budget with the intent
to request General Assembly approval during the 2003 Session for authority to levy
a higher tax rate at Civic Facilities in fiscal year 2004.
It was explained that in the General Assembly's 2003 session, the City was
granted approval to levy a higher Admissions Tax rate for events held at the Civic
Center and Stadium/Amphitheater than for events held at all other facilities; in order
to service the debt on Phase II improvements, a 9% rate is recommended for events
held at the Civic Center and Stadium/Amphitheater; the higher rate allows for a
reduction of the current rate of 6.5% for events held at all other facilities in the City
to 5.5%; and the rate increase would be effective January 1, 2004.
The City Manager recommended that Council approve an ordinance amending
section 32-217 of the Code of the City of Roanoke (1979), adjusting the admissions
tax to 9% on events held at the Civic Center and Stadium/Amphitheater facilities and
5.5% on events held at all other facilities in the City, effective January 1, 2004.
Mr. Harris offered the following ordinance:
(#36306-051203) AN ORDINANCE amending S32-217, Levied rate, of Article IX,
Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
as amended, in order to increase the admissions tax on the stated admission charge
to events held at the Civic Center, Stadium and Amphitheatre from six and one-half
percent (6.5%) to nine percent (9%); and setting the admissions tax at five and one-
half percent (5.5%) on the stated admission charge to events held at any other
places of amusement or entertainment in the City; dispensing with the second
reading of this ordinance and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 67, page 232.)
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Mr. Harris moved the adoption of Ordinance No. 36306-051203. The motion
was seconded by Mr. Dowe.
Mr. E Duane Howard, 508 Walnut Avenue, S. W., expressed concern that the
Council meeting was being held at 9:00 a.m. on a Monday morning, which is a time
that would be inconvenient for most citizens to attend; and called attention to those
citizens who have thanked him for appearing before Council and expressing his
views at City Council meetings. He stated that certain items on today's agenda will
be addressed by the citizens of Roanoke when they cast their votes at the
Councilmanic election in May, 2004.
Ordinance No. 36306-051203 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
MCllfClr l)rnith-------------------------------------------------------------------------------------------------7.
NAYl): NClI1El-----------------------------------------------------------------------------------------CI.
BUDGET-CITY CODE-TAXES-TELEPHONE COMPANIES: The City Manager
submitted a communication advising that the Commonwealth of Virginia authorizes
any locality providing Enhanced 9-1-1 (E9-1-1) service to its citizens to impose a
special tax on the consumers of telephone service in order to support the cost of
operations; Section 58.1-3813.1, Code of Virginia, limits the rate to a monthly fee not
to exceed $3.00 per telephone line; the tax is collected by telephone companies and
remitted to the locality; and amounts collected are to be used solely to pay for
capital and operating expenses incurred by the locality to provide the service.
It was further advised that the City of Roanoke currently has an E9-1-1 rate of
$1.45 per month which was increased in 1997 from $0.99 to help pay for the regional
800 Mhz radio system upgrade; the current rate of $1.45 per month generates
approximately $1.2 million in revenue and funds only 49% of the total cost of the
E9-1-1 CentElr; and in fiscal year 2004, the E9-1-1 center will need additional
personnel to answer the substantial volume of wireless E9-1-1 calls mandated but
not fully funded by the State.
It was Elxplained that the City administration recommends a $0.55 increase in
thEl tax rate to bring the monthly ratEl to $2.00, which will fund 80% of the E9-1-1
center's operating costs, including additional personnel; a $3.01 rate would be
needed to fully fund the total cost of the E9-1-1 center; an October 1, 2003 effective
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date is required to meet the 120 day notice requirement mandated by State Code to
allow phone companies sufficient time to adjust their systems for the new rate; and
based on the October effective date, it is estimated that the City will collect an
additional $373,542.00 in fiscal year 2004.
The City Manager recommended that Council adopt an ordinance amending
Section 32-276 ofthe City Code adjusting the Enhanced 9-1-1 tax to $2.00 per month,
effective October 1, 2003.
Mr. Cutler offered the following ordinance:
(#36307-051203) AN ORDINANCE amending and reordaining t32-276, Tax
levied: amount, of the Code of the City of Roanoke (1979), as amended, to provide
for an increase in the special tax imposed on the consumers of telephone service
to offset costs attributable to the Enhanced 911 Emergency Telephone System;
providing for an effective date; and dispensing with the second reading by title
paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 233.)
Mr. Cutler moved the adoption of Ordinance No. 36307-051203. The motion
was seconded by Mr. Dowe.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed concern with
regard to the proposed increase in the special tax on consumers of telephone
service to offset costs attributed to the Enhanced 911 Emergency Telephone
System. He advised that many citizens of Roanoke can no longer afford telephone
service which is a basic necessity of life.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that the E911
surcharge not be enacted. She called attention to elderly citizens experiencing
health problems who frequently call the E911 emergency number when they need
to be transported to medical facilities, and advised that some of these persons
cannot afford to pay their medical bills and must frequently choose beh"een
purchasing medication or food.
Ordinance No. 36307-051203 was adopted by the following vote:
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AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
[)()VVEl----------..-------------------------------------------------------------------------------------------------6.
NAYS: Mayor Smith-------------------------------------------------------------------------------1.
BUDGET-CITY CODE-TAXES: The City Manager submitted a communication
advising that the Code of Virginia classifies property owned by a business for short-
term rentals as merchant's capital, and as such, is subject to a Merchant's Capital
Tax that can be levied by a locality; however, localities that have a Business License
Tax, such as Roanoke, cannot also levy a Merchant's Capital Tax; as a result,
property owned by a business for short-term rentals in Roanoke, and other similar
localities, is not subject to any type of personal property tax; and to offset the tax
system inequity, the Code of Virginia, Section 58.1-3510.1, offers localities the option
to levy a tax on short-term rental businesses of up to one per cent of gross
proceeds, excluding sales tax.
It was further advised that short-term rental property may consist of videos,
furniture, construction equipment or any other property that is rented on a short-
term basis, excluding vehicles and trailers; and a business is considered to be
engaged in the short-term rental business if not less than 80 per cent of gross rental
receipts are from transactions involving rental periods of 92 consecutive days or
less.
It was explained that a one per cent tax rate on daily rental business in the
City will affect approximately 20 businesses and is estimated to generate
$104,167.00 for fiscal year 2004 based on a September 1, 2003 implementation date;
in years after fiscal year 2005, the tax is expected to generate approximately
$125,000.00 in revenues; the City of Salem implemented a short-term rental tax in
1999 and Roanoke County has considered the tax but has not yet implemented it; six
cities in the Virginia's First Cities Coalition have implemented a one per cent rate on
rental gross proceeds; and a September 1, 2003 effective date would allow time for
businesses to adjust their systems to provide for proper collection and remittance
of the tax to the City.
The City Manager recommended that Council approve an ordinance adopting
a one per cent short-term rental tax on gross proceeds from daily rental activity,
effective September 1, 2003.
Mr. Carder offered the following ordinance:
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308
(#36308-051203) AN ORDINANCE amending Chapter 32, Taxation, of the Code
ofthe City of Roanoke (1979), as amended, by the addition of a new Article XV, Short-
term Rental Tax, consisting of fifi32-300 through 32-311, pursuant to the authority
contained in fi58.1-3510.1, Code of Virginia (1950), as amended; providing for an
effective date, and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 235.)
Mr. Carder moved the adoption of Ordinance No. 36308-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
[)()VVEl------------------------------------------------------------------------------------------------------------"6.
NAYS: Mayor Smith -------------------------------------------------------------------------------1 .
BUDGET-SEWERS AND STORM DRAINS-FEE COMPENDIUM: The .City
Manager submitted a communication advising that the Special Consent Order
entered into by the City of Roanoke and the Commonwealth of Virginia requires
improvements to the Regional Water Pollution Control Plant to address wet weather
capacity needs; construction costs are estimated at $43.6 million, with total project
costs estimated at $47.7 million, which includes construction as well as design
costs, property acquisition, and construction of new road segments to serve areas
of the neighborhood around the plant affected by expansion; and the City's share
of the project is estimated at $23.6 million.
It was further advised that a sewage standard treatment charge increase is
needed to meet project funding requirements; the current sewage standard
treatment charge of $1.62 per 100 cubic feet (100 cu ft.) became effective on July 1,
1999; and staff from the Departments of Utilities and Finance recommend the
following rate changes:
. A 20 per cent increase effective July 1,2003 from $1.62 to $1.94
per 100 cu ft.
. A 15 per cent increase effective July 1, 2004 from $1.94 to $2.23
per 100 cu ft.
. Elimination of Special Industrial Sewage Treatment Charges
under the Industriai Cost Recovery portion of the Fee
Compendium, effective July 1, 2003.
,. .._.~,..........,......,.",...
309
It was explained that the recommended rate increase is expected to generate
$1.4 million in revenue for fiscal year 2004 and $2.7 million annually starting in fiscal
year 2005, which funding level will meet expected principal and interest payments
of the planned improvements, as well as address operating costs of the expanded
facility, including funding for future capital requirements.
It was noted that a residential consumer generating 5,000 gallons of
wastewater per month can expect to see an increase of $2.16 per month, from $10.80
to $12.96, for fiscal year 2004 and $1.91 per month, from $12.96 to $14.87, for fiscal
year2005; total increase from the current sewage standard treatment charge is $4.07
per month; and the State average wastewater bill as reported by the 2002 Virginia
Municipal League and Virginia Association of Counties joint survey is $22.03 per
month.
The City Manager advised that elimination of the Special Industrial Sewage
Treatment Charges is also recommended, which charge was intended to assess
industrial customers that discharge high strength waste to the City's wastewater
collection system additional fees for treatment of the higher strength waste,
however, less than ten customers are affected by the requirements; monitoring and
laboratory charges cost customers an average of $926.00 per year, in addition to the
program fee which varies by waste discharge; monitoring charges are not sufficient
to cover the costs incurred by the City to administer the program; and the above
referenced sewage standard treatment charge applies to these customers.
The City Manager recommended that Council approve revised sewage
treatment charges as above described and amend the City's Fee Compendium
accordingly.
Mr. Carder offered the following ordinance:
(#36309-051203) AN ORDINANCE changing the rate structure and establishing
a revised rate schedule for certain sewage treatment charges; directing amendment
of the Fee Compendium; establishing effective dates for the revised rates; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 242.)
Mr. Carder moved the adoption of Ordinance No. 36309-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
Lilli
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310
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Smith------------------------------------ ------------------------------------7.
NAYS: NClI1El----------------------------------------------------------------------------------0.
BUDGET -ANIMALS/INSECTS-REFUSE COLLECTION-FEE COMPENDIUM-
LIBRARIES-TRAFFIC: The City Manager submitted a communication advising that
in developing the budget for fiscal year 2003-04, City departments were asked to
reduce their budgets to help make up for the losses in State aid and identify ways
to re-engineer services to generate cost savings for their departments; departments
were also asked to review fee structures and, where feasible, propose fee schedule
changes that maintain fee uniformity between Roanoke and other localities, while
recovering the cost of providing services; and the recommended fiscal year 2003-04
budget incorporates a number of proposed fee structure changes for animal
impoundment, solid waste collection, libraries and parking fees, which proposed
changes are reflected in budget ordinances presented for adoption by Council for
fiscal year 2003-04 and will be effective July 1, 2003.
AnimallmDoundment Fees:
The City of Roanoke is a participant in the Roanoke Valley Society for
the Prevention of Cruelty to Animals (SPCA); with construction of a new
facility, payments due from the City of Roanoke in support of the SPCA
have increased $191,000.00 for fiscal year 2004; to help recover a
portion of the rising cost of the City's commitment, an increase in
several Animal Impoundment Fees is considered necessary; first
Impoundment fees are recommended to be increased from $20.00 to
$25.00 and Daily Boarding fees from $8.75 to $10.00; and estimated
additional revenue generated by the changes for fiscal year 2004 totals
$5,250.00.
Solid Waste Collection Fees
The City offers solid waste collection services to residElnts and
businesses inside and outside of the Central Business District (CBD);
residential collections take place once a week, outside CBD
commercial collections take place twice a week and for businesses
insidEl the CBD, collections are offered up to six times per week;
average monthly cost of collections in the CBD is $193.00 per
customer; and the City's current CBD rate structure is not sufficient to
fully fund the cost of providing more than one collection per week at
current rates.
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311
The solid waste management fee schedule has two rate structures, a
Central Business District rate and a rate for all other commercial
customers outside of the Central Business District; in an effort to
collect a larger percentage of costs, it is recommended that CBD
collection fees for restaurants, offices and financial institutions be
raised from $50.00/month to $1 OO.OO/month and CBD fees for specialty
retail shops, health organizations, churches and nonprofits be raised
from $30.00/month to $60.00/month, effective July 1,2003; businesses
outside the Central Business Districtwould no longer be provided more
than one collection per week, and the current fee for the enhanced
service level would be eliminated; businesses would then be provided
with a similar level of "free" service as residential customers; and
additional revenue generated in fiscal year 2004 as a result of the fee
changes is estimated to be $54,000.00.
Librarv CODV Fees
The library currently makes available coin-operated copiers for citizen
use; copiers are in need of replacement and new equipment would be
obtained through a leasing agreement; the City currently has a City-
wide standard photocopy fee for citizens of$.05 per page; with the high
volume experienced on citizen use of library copiers, it is
recommended that the libraries establish a rate specifically applicable
to copiers used in their facilities; new fees for copies would be $1.00
per color copy and $.10 per black and white photocopy or laser printed
page; revenue from fee increases would be partially offset by additional
costs incurred for the lease, service and ancillary costs of the new
machines generating an estimated net revenue to the City for fiscal year
2004 of approximately $5,000.00.
Parkina Fees
Current parking fees for City owned or controlled downtown parking
facilities were established by Resolution Nos. 34770-050100, 35558-
090401 and 36092-101502; in an effort to establish a more uniform rate
structure for the entire parking system, certain increased fees are
recommended; the proposed fees include an authorization for the City
Manager to reduce any of the fees by up to $10.00 if the City Manager
determines such a reduction is needed for any of the parking facilities
Ii.l ' _.,--,
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312
in accordance with certain guidelines, which will allow the City
Manager to adjust rates to demands as necessary without requiring
action by Council, at a future Council meeting, the City Administration
will present a validation program for businesses in the Central
Business District; the program will allow downtown businesses the
option of purchasing parking validation stickers at a discount rate to
give to customers that park in City parking facilities; and revenues
generated from proposed fee changes will support additional
maintenance needs of the parking facilities.
Current procedures authorize the City Manager to modify or waive
parking fees for City sponsored events, or for other events as deemed
appropriate by the City Manager, which is recommended to be
continued; and procedures further provide that any late payment of
monthly parking fees or nonpayment of daily parking fees be subject to
certain charges set forth in an attachment to the communication; it
should also be provided that parking fees and charges set forth in the
attachment will not be applicable to parking agreements that provide
for a specific parking fee, or other method of payment for a specific
period of time, unless otherwise provided for in such agreements, or
until such agreements expire or are terminated.
The City Manager recommended that Council adopt resolutions and amend
the City's Fee Compendium to reflect changes in animal impoundment fees, solid
waste collection fees, library fees and parking fees, effective July 1, 2003.
Mr. Dowe offered the following resolution:
(#36310-051203) A RESOLUTION amending the City's Fee Compendium to
increase the fees for impoundment of animals, photocopy fees at the libraries, and
refuse collection in the Central Business District, as set out below; and establishing
effective dates.
(For full text of Resoiution, see Resolution Book No. 67, page 243.)
Mr. Dowe moved the adoption of Resolution No. 36310-051203. The motion
was seconded by Mr. Carder.
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313
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed opposition to
increasing the fee forthe photo copying of documents at Roanoke's Public Libraries.
He stated that photocopies should be provided free of charge to the citizens of
Roanoke inasmuch as taxpayers' dollars funded the initial cost of equipment.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that Council not
increase the price of photocopying at the City's libraries, which will deprive students
from acquiring the knowledge they need to complete homework assignments. She
stated that it is unfortunate that Roanoke's disadvantaged citizens do not have
computers or photocopy equipment in their homes, their children must use
computers and photocopy documents from Roanoke's public libraries, therefore,
$ .10 per page for a black and white copy and $1.00 per color copy is too high. She
advised that the City purchases paper, cartridges, etc., in bulk, therefore, the savings
incurred from purchasing in bulk should be passed on to the consumer, and
especially to the City's working poor. She suggested that current rates be retained
and that the City review the feasibility of providing computers and photocopy
equipment for each disadvantaged household in the City of Roanoke, which is
currently provided by certain other localities. She asked that the City of Roanoke
take into consideration the needs of disadvantaged citizens who live on fixed
incomes.
Resolution No. 36310-051203 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler Dowe and
Mayor Sm ith----------------------------------------------------------------------------------------------7.
NAYS: N one-----------------------------------------------------------------------------------0.
BUDGET-FEE COMPENDIUM-PARKING FACILITIES: Mr. Cutler offered the
following resolution providing for amendment offees charged at certain City parking
garages:
(#36311-051203) A RESOLUTION providing for an amendment of the fees
charged at Century Station Parking Garage, Church Avenue Parking Garage,
Gainsboro Parking Garage, Market Square Parking Garage, Tower Parking Garage,
Williamson Road Parking Garage, Bullitt Avenue Surface Parking Lot, Church
Avenue Surface Parking Lot, Gainsboro Surface Parking Lot, Salem Avenue Surface
Parking Lot, Viaduct Surface Parking Lot, and Williamson Road Surface Parking Lot;
Lim 1
.".~w...,"_ _
314
authorizing the City Manager to modify, waive, or reduce such parking fees under
certain conditions; providing for assessment of certain fees for late payment or
nonpayment of such parking fees; and directing amendment of the Fee
Compendium.
(For full text of Resolution, see Resolution Book No. 67, page 245.)
Mr. Cutler moved the adoption of Resolution No. 36311-051203. The motion
was seconded by Mr. Dowe.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that the City of
Roanoke says that it is concerned about the economy and wishes to encourage
more people to visit downtown Roanoke; however, proposed increases in the rates
to park in downtown parking garages, library photocopy fees, and the Roanoke Civic
Center admissions tax will cause people to go elsewhere to shop, to conduct
business, and to attend entertainment venues.
Resolution No. 36311-051203 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Smith--------------------------------------------------------------------------------------7.
NAYl): NCll1e----------------------------------------------------------------------------------.0.
DIRECTOR OF FINANCE-BUDGET: The Director of Finance submitted a
Certificate advising that in accordance with paragraphs (b) and (i) of Section 25.1 of
the Charter of the City of Roanoke, funds required for the 2003-04 General Fund,
Water Fund, Water Pollution Control Fund, Civic Facilities Fund, Parking Fund,
Market Building Operations Fund, Department ofTechnology Fund, Fleet Fund, Risk
Management Fund, School Fund, School Food Services Fund and Grant Fund
budgets will be available for appropriation.
Without objection by Council, the Mayor advised that the Certificate would be
received and filed.
BUDGET-POLICE DEPARTMENT-PAY PLAN-FIRE DEPARTMENT-
COMMITTEES-CITY COUNCIL-CITY EMPLOYEES-EMERGENCY MEDICAL SERVICES:
Mr. Carder offered the following ordinance:
-........-..,......"..,
315
(#36312-051203) AN ORDINANCE to adopt and establish a Pay Pian for officers
and employees of the City, effective July 1, 2003; providing for certain salary
adjustments and merit increases; authorizing annual salary increments for certain
officers and employees for use of private motor vehicles; authorizing annual salary
increments for sworn police officers assigned to the Criminal Investigation Division;
authorizing annual salary increments for certain members of the Fire-Emergency
Medical Services Department who are certified as Emergency Medical Technicians;
authorizing annual salary increments for certain members of the Fire-Emergency
Medical Services Department who are members ofthe Regional Hazardous Materials
Response Team; providing for continuation of a police career enhancement
program; providing for continuation of a Firefighter/Emergency Medical Technician
merit pay program; providing for a Community Oriented Policing Effort program;
providing for payment of a monthly stipend to certain board and commission
members; establishing the annual salaries of the Mayor, Vice-Mayor and Council
members for the fiscal year beginning July 1, 2004; repealing Ordinance No. 35847-
051302, adopted May 13, 2002, to the extent of any inconsistency; providing for an
effective date; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 252.)
Mr. Carder moved the adoption of Resolution No. 36312-051203. The motion
was seconded by Mr. Bestpitch.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke against the proposed
pay increase for Council Members in view of the fact that so many citizens are
suffering financially as a result of today's economy.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in opposition to a
proposed pay increase for Council Members. She stated that no notification was
provided to citizens that Council intended to act on a pay increase and questioned
whether such action is an indication of open government. She requested that
funding for the six Fire/EMS positions be reinstated in the 2004 fiscal year budget
so that citizens of Roanoke will be adequately protected. She advised that citizens
who address Council are present out of a desire to make the City a better place; it
is their rightto express agreement or disagreement with the management ofthe City,
which is a part of the democratic process; and citizens should have the right to
express their opinion by applauding during Council proceedings, when appropriate.
The Mayor advised that in the year 2000, he advocated the appointment of an
independent body to make recommendations regarding the salary of the Mayor and
Members of City Council, which would provide a non-political way to address the
matter in the future.
LiII" 1 ~ '
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316
Ms. Wyatt moved that the ordinance be amended to delete the following:
"establishing the annual salaries for the Mayor, Vice-Mayor and Council Members
for the fiscal year beginning July 1, 2004." The amendment was seconded by Mr.
Harris.
Mr. Bestpitch called attention to three general positions on the subject of
salary increases for the Mayor and Members of City Council; i.e.: (1) the salaries
should never be increased at anytime and under any circumstances; (2) the position
that another entity should decide what is the appropriate salary for the Mayor and
Members of City Council; and (3) no organized effort has been made by any person
to develop a different procedure for establishing salaries for the Members of
Council. He stated that those persons who contend that the salary should not be
increased are implying that only those persons who are wealthy enough not to need
a meaningful salary should ever be elected to City Council, which perspective is
irresponsible and unfair to future members of City Council, because it places those
persons in a situation of either having to serve with a salary that is so small that it
becomes meaningless, or the Council is forced into a position of making a
significant adjustment as previous Council have attempted to do from time to time.
He advocated that salaries for Council Members should be increased on an annual
basis by the same percentage as the increase in salaries for City employees.
Mr. Bestpitch explained that the ordinance currently before the Council is to
increase the salaries by the 2.25 per cent that City employees will receive; State law
requires that any increase in a Council salary be adopted prior to the next
Councilmanic election, but the increase will not take effect until July 1 following the
Councilmanic election; the 2.25 per cent increase is reasonable; and it is unfair not
to increase Council salaries by a modest amount on a regular basis.
Mr. Dowe spoke in support of appointment of an independent entity that would
be changed with the responsibility of reviewing the Council's salary.
Mr. Carder advised that Council will be voting for a pay increase for the next
Council which takes office on July 1,2004. He stated that he planned to support the
pay increase because it is the right thing to do for Council Members who devote an
untold number of hours on City business.
The amendment to the ordinance was lost by the following vote:
AYES: Council Members Harris, Wyatt and Dowe--------------------------------- 3.
NAYS: Council Members Bestpitch, Carder, Cutler and Mayor Smith-------- 4.
,.,_..._,*
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317
Ordinance No. 36312-051203 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler and
[)ClVVEl-------------------------------------------------------------------------------------------------------------1>.
NAYS: Mayor Smith ----------------------------------------------------------------------------- 1.
BUDGET-PAY PLAN-CITY TREASURER-COMMISSIONER OF REVENUE-CITY
SHERIFF-COMMONWEAL TH'S ATTORNEY-CIRCUIT COURT: Mr. Carder offered the
following ordinance establishing salaries for the Constitutional Officers:
(#36313-051203) AN ORDINANCE establishing compensation for the Sheriff,
Treasurer, Commissioner of Revenue, Commonwealth's Attorney, and Clerk of
Circuit Court for the fiscal year beginning July 1, 2003; authorizing execution of
revised contracts with the Sheriff, Treasurer, Commissioner of Revenue and Clerk
of Circuit Court with respect to their employees participating in the City's
Classification and Pay Plans, to reflect a revised method for establishing the
compensation of these officers; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 257.)
Mr. Carder moved the adoption of Ordinance No. 36313-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Sm ith ---------------------------------------------------------------------------------------------------7.
NAYS: NClnEl-----------------------------------------------------------------------------------------.0.
BUDGET: Mr. Dowe offered the following ordinance adopting the annual
General Fund Appropriations of the City of Roanoke for the fiscal year beginning
July 1, 2003, and ending June 30, 2004, in the amount of $204,800,894.00:
(#36314-051203) AN ORDINANCE adopting the annual General Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 258.)
1,"'"
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318
Mr. Dowe moved the adoption of Ordinance No. 36314-051203. The motion
was seconded by Mr. Cutler.
Mr. Carder expressed concern with regard to previous statements that the
proposal of the City Manager to unfund six positions in the Fire/EMS department
would endanger the lives of citizens. He stated that the City Manager and the Fire
Chief would not submit a recommendation to Council that they believed would, in
any way, endanger the lives of citizens. He spoke in defense of the City Manager
and the Fire Chief, and offered a substitute motion that the City Manager be directed
to unfund the six positions in the Fire/EMS Department as previously recommended
by the City Manager.
The substitute motion failed for lack of a second.
Mr. Bestpitch requested that the record reflect that he was misquoted in a
recent newspaper article that unfunding the six positions would, "invariably
endanger our citizens;" however, his statement was, "at some point, reductions in
fire personnel would lead to endangerment of citizens." He stated that the City
currently has 255 positions approved for operational staff that respond to calls in
the Fire and EMS service; four months ago, 255 individuals filled those positions,
but in four months time 14 vacancies have occurred, therefore, currently 241 fire
staff are available; and a 67 person minimum per shift per day is needed in order to
staff all fire engines, ladder trucks and rescue vehicles. He stated that in the budget
study briefing, Council was told that the Fire Chief uses a multiplier of 3.65,67 times
3.65 equals 245 positions; if the number falls below 245, overtime worked by some
fire personnel can make up the difference, but the question is, at what point does
excessive overtime become a problem, even if it is worked on a voluntary basis. He
called attention to situations where staff might be called upon to work so much
overtime that they become stressed and unable to perform at an acceptable level.
He added that as a part of the City Manager's briefing, he expected an explanation
of the mathematical calculation that was used to reach the recommendation to
unfund the six positions, however, no mathematical calculation was forthcoming,
and until a better explanation is provided of exactly how to calculate a better
number, along with a comprehensive analysis of other cities, he could not support
unfunding the six positions for fire service.
Mr. Dowe advised that he supports funding for the six firefighter positions;
however, many citizens have expressed the desire that they do not want fees and
taxes to be increased. He stated that the ability to keep fees and taxes low, along
with the ability to fund the entire City work force, coupled with State and Federal
challenges, will have to be addressed at some point in the future, and discussion is
needed to reach a better understanding with citizens.
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319
The Mayor advised that 67 fire personnel are on duty on a daily basis which
is double the per capita of certain other comparable sized cities. He stated that the
Roanoke Firefighters Association is a formidable political force in the City of
Roanoke.
In response to the Mayor's statement, Ms. Wyatt advised that Roanoke City
operates a stand alone fire department, and those fire departments referenced by the
Mayor in other localities are backed up by other jurisdictional fire departments; Le:
if Virginia Beach has a fire, the fire is covered by fire departments from Norfolk,
Portsmouth and Chesapeake, etc. She stated that the Roanoke Firefighters
Association has as much right to advocate its "political agenda" as does the
Roanoke Regional Chamber of Commerce, Downtown Roanoke, Inc., and Center In
the Square, etc., which is a part of the democratic process.
Mr. Harris called for the question; whereupon, Ordinance No. 36314-051203
was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, and
[)ClVVEl-------------------------------------------------------------------------------------------------------------1).
NAYS: Mayor Smith -----------------------------------------------------------------------------1.
BUDGET-WATER RESOURCES: Mr. Harris offered the following ordinance
adopting the annual Water Fund Appropriations of the City of Roanoke for the fiscal
year beginning July 1, 2003, and ending June 30, 2004, in the amount of
$14,511,299.00:
(#36315-051203) AN ORDINANCE adopting the annual Water Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 263.)
Mr. Harris moved the adoption of Ordinance No. 36315-051203. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council MElmbers Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
ftnClJfClrl;nnitl1---------------------------------------------------------------------------------------------------7.
NAYS: N one------------------------------------------------------------------------------------------0.
11111I"1
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320
BUDGET -SEWERS AND STORM DRAINS-WATER RESOURCES: Mr. Harris
offered the following ordinance adopting the annual Water Pollution Control Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003 and
ending June 30, 2004, in the amount of $11,345,639.00:
(#36316-051203) AN ORDINANCE adopting the annual Water Pollution Control
Fund Appropriations of the City of Roanoke for the fiscal year beginning July 1,
2003, and ending June 30, 2004; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 264.)
Mr. Harris moved the adoption of Ordinance No. 36316-051203. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
MllJfClr!)nnitl1---------------------------------------------------------------------------------------------------1'.
NAY!): NClI1El------------------------------------------------------------------------------------------0.
BUDGET -ROANOKE CIVIC CENTER: Mr. Harris offered the following ordinance
adopting the annual Civic Facilities Fund Appropriations of the City of Roanoks for
the fiscal year beginning July 1, 2003, and ending June 30, 2004, in the amount of
$5,242,047.00:
(#36317-051203) AN ORDINANCE adopting the annual Civic Facilities Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 265.)
Mr. Harris moved the adoption of Ordinance No. 36317-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, DOWEl and
MllJfClr!)nnitl1--------------------------------------------_______________________________________________________7.
NAY!): NClI1El------------------------------------------------------------------------------------------0.
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321
BUDGET-PARKING FACILITIES: Mr. Harris offered the following ordinance
adopting the annual Parking Fund Appropriations of the City of Roanoke for the
fiscal year beginning July 1, 2003, and ending June 30, 2004, in the amount of
$5,422,784.00:
(#36318-051203) AN ORDINANCE adopting the annual Parking Fund
Appropriations ofthe City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 267.)
Mr. Harris moved the adoption of Ordinance No. 36318-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Sm ith --------------------------------------------------------------------------------------------7.
NAYl): NClne----------------------------------------------------------------------------------0.
CITY MARKET -BUDGET: Mr. Harris offered the following ordinance adopting
the annual Market Building Operations Fund Appropriations of the City of Roanoke
for the fiscal year beginning July 1,2003, and ending June 30, 2004, in the amount
of $329,043.00:
(#36319-051203) AN ORDINANCE adopting the annual Market Building
Operations Fund Appropriations of the City of Roanoke for the fiscal year beginning
July 1, 2003, and ending June 30, 2004; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 269.)
Mr. Harris moved the adoption of Ordinance No. 36319-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Sm ith -------------------------------------------------------------------------------------------------7.
NAYl): NCllle------------------------------------------------__-----------------------------------0.
322
BUDGET-CITY INFORMATION SYSTEMS: Mr. Harris offered the following
ordinance adopting the annual Department of Technology Fund Appropriations of
the City of Roanoke for the fiscal year beginning July 1, 2003, and ending June 30,
2004, in the amount of $5,517,185.00:
(#36320-051203) AN ORDINANCE adopting the annual Department of
Technology Fund Appropriations ofthe City of Roanoke for the fiscal year beginning
July 1,2003, and ending June 30, 2004; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 270.)
Mr. Harris moved the adoption of Ordinance No. 36320-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
nnllJf()rSnnitl1---------------------------------------------------------------------------------------------------7.
NAYS: N()l1e------------------------------------------------------------------------------------------0.
BUDGET -FLEET MAINTENANCE FUND: Mr. Harris offered the following
ordinance adopting the annual Fleet Fund Appropriations of the City of Roanoke for
the fiscal year beginning July 1, 2003, and ending June 30, 2004, in the amount of
$5,259,015.00:
(#36321-051203) AN ORDINANCE adopting the annual Fleet Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 271.)
Mr. Harris moved the adoption of Ordinance No. 36321-051203. The m()tion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
MllJf()r!;nnitl1---------------------------------------------------------------------------------------------------7.
NAY!;: N()ne-----------------------------------------------------------------------------------------00.
,.._.._*
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323
BUDGET-RISK MANAGEMENT FUND: Mr. Harris offered the following
ordinance adopting the annual Risk Management Fund Appropriations of the City of
Roanoke for the fiscal year beginning July 1,2003, and ending June 30, 2004, in the
amount of $14,039,624.00:
(#36322-051203) AN ORDINANCE adopting the annual Risk Management Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 273.)
Mr. Harris moved the adoption of Ordinance No. 36322-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor S m ith---------------------------------------------------------------------------------------------7.
NAYS: N one--------------------------------------------------------------------------------------0.
BUDGET-SCHOOLS: Mr. Cutler offered the following ordinance adopting the
annual School Fund Appropriations of the City of Roanoke for the fiscal year
beginning July 1, 2003, and ending June 30, 2004.
(#36323-051203) AN ORDINANCE adopting the annual School Fund
Appropriations of the City of Roanoke for the fiscal year beginning July 1,2003, and
ending June 30, 2004; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 274.)
Mr. Cutier moved the adoption of Ordinance No. 36323-051203. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Carder, Cutler and Dowe---------5.
NAYS: Council Member Wyatt and Mayor Smith---------------------------------------2.
I.'
. --."..~ ._~. .
324
BUDGET -SCHOOLS: Mr. Harris offered the following ordinance adopting the
annual School Food Services Fund Appropriations of the City of Roanoke for the
fiscal year beginning July 1, 2003, and ending June 30, 2004, in the amount of
$4,858,258.00:
(#36324-051203) AN ORDINANCE adopting the annual School Food Services
Fund Appropriations of the City of Roanoke for the fiscal year beginning July 1,
2003, and ending June 30, 2004; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 277.)
Mr. Harris moved the adoption of Ordinance No. 36324-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
ftnlllfClrl)rnitl1---------------------------------------------------------------------------------------------------7.
NAYS: None--------------
---------------------------------------0.
BUDGET -GRANTS: Mr. Harris offered the following ordinance adopting the
Grant Fund Appropriations of the City of Roanoke for the fiscal year beginning
July 1, 2003, and ending June 30, 2004, in the amount of $91,000.00:
(#36325-051203) AN ORDINANCE adopting the Grant Fund Appropriations of
the City of Roanoke for the fiscal year beginning July 1, 2003, and ending June 30,
2004; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 278.)
Mr. Harris moved the adoption of Ordinance No. 36325-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
ftnlllfClr l)rnitl1------------------------------------------------------------------------------------------------1'.
NAYl): NClIlEl---------------------------------------------------------------------------------------0.
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that in order to receive Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter
,....................
-_....-.........,," .
325
Grant (ESG) funding, the U. S. Department of Housing and Urban Development (HUD)
reqaires that entitlement localities, such as the City of Roanoke, submit a Five-Year
Consolidated Plan and Annual Updates.
It was further advised that on April 7, 2003,Council received a summary of the
draft plan which was distributed to the public on March 27, 2003; on April 21, 2003,
Council received the proposed 2003-04 Annual Update as part ofthe Recommended
Resource Allocation Plan; the draft Annual Update was made available for public
review and comment for the 30-day period that began on April 3 and ended on May 2,
2003; opportunities for citizen input were provided at three public hearings which
were held on November 14, 2002, March 27, 2003 and May 1, 2003; to ensure that the
City's HUD fiscal year begins on July 1,2003, HUD must receive the Annual Update
on May 15, 2003; and funding for fiscal year 2003-04 will be available from the
following sources:
New 2003-04 HUD Entitlements
Estimated 2003-04 Program Income
Estimated Prior Year Excess Program Income
Estimated Prior Year Carry-over
Total HUD Funds
$ 3,043,716.00
615,051.00
355,512.00
14.358.00
$ 4,028,637.00
It was explained that it is estimated that the $4.0 million in HUD funds will
leverage as much as an additional $1.9 million in other public and private funding,
thus, total investment in those activities included in the Annual Update will be
approximately $5.9 million.
The City Manager recommended that she be authorized to submit the 2003-04
Consolidated Plan Annual Update to HUD for review and approval.
Mr. Harris offered the following resolution:
(#36326-051203) A RESOLUTION authorizing the City Manager to submit an
approved Annual Update to the Consolidated Plan for FY 2003-2004 to the United
States Department of Housing and Urban Development (HUD) for final review and
approval, and authorizing execution of the appropriate documents for the
acceptance of such funding.
(For full text of Resolution, see Resolution Book No. 67, page 279.)
Mr. Harris moved the adoption of Resolution No. 36326-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
111.1 '..'........'u___..
.. '"
326
AYES: Council Members Harris, Wyatt, Carder, Cutler, Dowe and Mayor
Snnitl1-------------------------------------------------------------------------------------------------------------6.
NAYl): NClI1El------------------------------------------------------------------------------------------0.
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA of Roanoke Valley.)
BUDGET -CAPITAL IMPROVEMENTS PROGRAM: The City Managersubmitted
a communication advising that the Capital Improvement Program (CIP) for fiscal
years 2004-2008 is a plan recommended for approval by Council for capital
expenditures to be incurred over the next five years, in order to address priority
long-term capital needs of the City of Roanoke; the CIP reflects the current status
of projects which have previously been approved and funded by Council, plus seven
new recommended projects, and is a revision to the Fiscal Years 2003-2007 Capital
Improvement Program approved by Council on May 13, 2002.
It was further advised that on April 21, 2003, Council received the proposed
Capitai Improvement Program for Fiscal Years 2004-2008 as part of the
Recommended Resource Allocation Plan; the Capital Improvement Program for
Fiscal Years 2004-2008 is comprised of capital projects, with an estimated cost of
project completion totaling $323,433,304.00; and seven new projects are included
which will require additional funding of $36,576,169.00:
MuniciDal North Renovation -- FY2005 $2.000.000.00
Renovation of the 57,000 square foot facility to accommodate new
tenants after relocation of the Department of Social Services to the
Civic Mall facility on Williamson Road - to be cash funded in fiscal year
2005.
Public Works Service Center-
Phase II -- FY 2005 $1.000.000.00
Next phase of improvements at this 24 year-old facility to include the
reconfiguration of existing interior space within the main building to
accommodate administrative office space needs and improvEl
efficiency, and reconfiguration and reassignment of space on the site
to accommodate parking and storage needs for vehicles, equipment,
and material - to be cash funded in fiscal year 2005.
...-.'.........
-......_"""-".",
327
Stormwater Management Program -
Phase 1- FY 2005 $11.000.000.00
First phase of work will begin to address over $50 million in storm
drainage projects throughout the City - to be funded from an $11
million bond issue in fiscal year 2005; a new stormwater management
fee will be recommended to provide adequate revenues to repay the
debt.
Church Avenue West Parking Garage -
FY 2006 $7.200.000.00
Construction of a 500-space facility in the Church Avenue corridor
. extending from 3rd Street to 7th Street to be funded from a $7.2 million
bond issue in fiscal year 2006; while Century Station Parking Garage
bonds will be refunded in fiscal year 2004 to provide $360,000.00 in
annual funding for the project, a general increase in parking rates
system-wide will also be needed to repay the debt.
Roanoke Center for Industry and Technology -
Phase V - FY 2006 $1.750.000.00
Grading and roadway construction costs to open site "E" for future
development - to be cash funded in fiscal year 2006.
Roanoke River Flood Reduction Project-
FY 2007 $4.521.169.00
Additional local funding projected to be needed for this $64 million
project based on current Corps of Engineers project cost estimates -
to be funded from a $4.5 million bond issue in fiscal year 2007.
Riverside Centre for Research and Technology-
Phase II - FY 2007 $9.105.000.00
Next phase of property acquisition to facilitate continued development
of the project in the South Jefferson Redevelopment Area - to be
funded from a $5.4 million bond issue in fiscal year 2007 and proceeds
from the sale of property in the project area.
The City Manager recommended that Council approve the following new
capital projects recommended in the CIP update, requiring additional funding of
$36,576,169.00:
328
.
Municipal North Renovation
Public Works Service Center - Phase II
Stormwater Management Program -
Phase I
Church Avenue West Parking Garage
Roanoke Center for Industry and
Technology - Phase V
Roanoke River Flood Reduction Project
Riverside Center for Research and
Technology - Phase II
.
.
.
.
.
.
$ 2,000,000.00
$ 1,000,000.00
$11,000,000.00
$ 7,200,000.00
$ 1,750,000.00
$ 4,521,169.00
$ 9,105,000.00
Appropriate $981,102.00 included in the fiscal year 2003-04 Transfers
to Capital Projects, Account No. 001-250-9310-9508, to respective
capital project accounts established by the Director of Finance for the
following projects:
. $150,000.00 to Capital Project Account No. 008-052-9549 for
Bridge Maintenance
. $341,280.00 to Capital Project Account No. 008-530-9678 for
Fire/EMS Facility Improvements Program
. $199,274.00 to Capital Project Account No. 008-530-9736 for
NPDES Phase II - Stormwater Management
. $145,548.00 to Capital Project Account No. 008-530-9800 for
Traffic Signals
. $145,000.00 to Capital Project Account No. 008-530-9799 for
Traffic Calming Initiatives
Mr. Dowe offered the following resolution:
(#36327-051203) A RESOLUTION endorsing the update to the Capital
Improvement Program submitted by the City Manager by letter of May 12, 2003.
(For full text of Resolution, see Resolution Book No. 67, page 280.)
Mr. Dowe moved the adoption of Resolution No. 36327-051203. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
MCllforSrnitl1------------------------------------------------------------______________________________________7.
NAY!): NOI1El--------------------_..-------------_..-----------------------___________________________-0.
.-........_.....~'"''
329
BUDGET-CAPITAL IMPROVEMEMENTS PROGRAM: Mr. Harris offered the
following ordinance:
(#36328-051203) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 282.)
Mr. Harris moved the adoption of Ordinance No. 36328-051203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYS: N one--------------------------------------------------------------------------------------0.
BUDGET -PENSIONS: Mr. Harris offered the following ordinance providing for
certain supplemental benefits under the City of Roanoke Pension Plan to certain
members of such Plan and certain of their surviving spouses, effective July 1, 2003:
(#36329-051203) AN ORDINANCE providing for certain supplemental benefits
under the City of Roanoke Pension Plan to certain members of such Plan and certain
of their surviving spouses; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 283.)
Mr. Harris moved the adoption of Ordinance No. 36329-051203. The motion
was seconded by Mr. Dowe.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., requested that more detailed
information be provided so that citizens of Roanoke will have ail of the facts relating
to measures that the Council is considering for enactment.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that more inform:otion
be provided to the public prior to enactment of measures by Council. She called
attention to her previous remarks which were misinterpreted and clarified that she
did not intend to imply that only wealthy citizens should serve on City Council. She
concurred in the comments of Council Member Dowe that an
.... ... .....",
330
independent entity should be appointed to address pay increases for the Mayor and
Members of City Council inasmuch as Council Members are not employees of the
City of Roanoke and their performance In office can only be judged and evaluated
by the citizens of Roanoke at election time.
Ordinance No. 36329-051203 was adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Carder, Cutler, Dowe and
MllJfClrl)nnitl1---------------------------------------------------------------------------------------------------7.
NAYS: None------------------------------------------------------------------------------0.
COUNCIL: A communication from Vice-Mayor C. Nelson Harris, Chair, City
Council Personnel Committee, requesting that Council convene in a Closed Meeting
to discuss the performance of a Council-Appointed Officer, pursuant to Section 2.2-
3711 (A), (1), Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council convene in closed session as above stated.
The motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler, Dowe and Mayor
l)nnitl1---------------------_.------------.----------------------------------------------------------------6.
NAYl): NClI1El------------------------------------------------------------------------------------00.
(Council Member Carder was absent.)
At 10:30 a.m., the Mayor declared the meeting in recess for one closed
session.
At 11 :47 a.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, except Council
Members Bestpitch, Carder and Dowe.
COMMITTEES-CITY COUNCIL: With respect to the Closed Meeting just
concluded, Mr. Cutler moved that each Member of City Council certify to the best of
his or her knowledge that: (1) oniy 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.
,............._.~
..,.......11oo-.01_......"..
331
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Cutler, and Mayor Smith---------------4.
NAYl;: NClnEl-----------------------------------------------------------------------------------------0.
(Council Members Bestpitch, Carder and Dowe were absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 11 :50 a.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: /J
111 ~ .J (' aJ'~-
Mary F. Parker
City Clerk
.- <,.,......~._._.'"
332
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
May 19, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, May 19,
2003, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., C. Nelson Harris and Mayor Ralph K. Smith--------------m--6.
AEll;E:Nl": NClI1El------------------------------------------------------------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Catherine A.
Houchins, Pastor, Metropolitan Community Church of the Blue Ridge.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
OATHS OF OFFICE-CITY COUNCIL: Mr. Harris offered the following resolution
appointing Beverly T. Fitzpatrick, Jr., to fill the unexpired term of William H. Carder,
Council Member, ending June 30, 2004:
(#36330-051903) A RESOLUTION appointing Beverly T. Fitzpatrick, Jr., to fill
the unexpired term of William H. Carder.
(For full text of Resolution, see Resolution Book No. 67, page 286.)
............_,~
".. ,...........-.....-."
333
Mr. Harris moved the adoption of Resolution No. 36330-051903. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Harris
and Mayor S m ith-------------------------------------------------------------------------------------------6.
NAYl): NClnEt-----------------------------------------------------------------------------------------0.
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of
Virginia, administered the Oath of Office to Council Member-Elect Fitzpatrick,
following which he officially took his seat on the Roanoke City Council.
PROCLAMATIONS-EMERGENCY MEDICAL SERVICES: The Mayor presented
a proclamation declaring May 18 - 24, 2003, as Emergency Medical Services Week.
PROCLAMATIONS: The Mayor presented a proclamation declaring Sunday,
June 1, 2003, as Helen Keller Day.
ACTS OF ACKNOWLEDGMENT: The Mayor read a communication from Chief
Petty Officer John Fendor, Jr., who is currently serving in the Persian Gulf,
commending the City of Roanoke on its displays of patriotism.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for closed session.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Dowe
and adopted by the following vote:
.....
-~_. "
334
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
1111c1 ftnlllfClr Snnitl1-------------------------------------------------------------------------------------------7.
NAY!): NClnEl-----------------------------------------------------------------------------------------0.
CITY COUNCIL: A communication from Vice-Mayor C. Nelson Harris, Chair,
Roanoke City Council Personnel Committee, requesting that Council convene in a
Closed Meeting to discuss performance evaluations of four Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amElnded,
was before the body.
Mr. Cutler moved that Council concur in the request of the Vice-Mayor to
convene in a Closed Meeting as above dElscribed. The motion was seconded by Mr.
Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith ---------------------------------------------------------------------------------------7.
NAY!): NClI1El----------------------------------------------------------------------------------------0.
COMMITTEES-AUDIT COMMITTEE: Minutes ofthe meeting ofthe Roanoke City
Audit Committee (Planning Session) held on Monday, April 21 , 2003, were before the
body.
Topics of discussion: Why Audit and Types of Audits, The Ten Year History
of Reported Audits and Anticipated Demands on Audit Staff Resources.
Mr. Cutler moved that the minutes be received and filed. The motion was
seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith ---------- -------------------------------------------------------------7.
NAY!): NClnEl----------------------------------------------------------------------------------------0.
COMMITTEES-COMMUNITY PLANNING: Acommunication from the City CIElrk
advising of the resignation of S. Wayne Campbell as a member of the City Planning
Commission, effective immediately, was before Council.
Mr. Cutler moved thatthe resignation be accepted and that the communication
be received and filed. The motion was seconded by Mr. Dowe and adopted by the
following vote:
..~,.",,"..
,. ,..........__..,..,'
335
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith-------------------------------------------------------------------------------------------7.
NAYl): NClI1El----------------------------------------------------------------------------------------0.
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
TAXES: The City Manager submitted a communication advising that on
December 2,2002, Council approved a new policy and procedure in connection with
requests from non-profit organizations for tax exemption of certain property in the
City of Roanoke, pursuant to Resolution No. 36148-120202, adopting the Process for
Determination of Property Tax Exemption dated December 2, 2002, effective
January 1,2003; and at that time, Council Member Carder inquired as to whether the
policy could be amended to require organizations that petition the City to have their
real property declared tax exempt to pay, voluntarily, a sum equal to the service
district tax currently imposed in two areas in the City (Downtown and Williamson
Road).
It was further advised that the City Attorney has reviewed the issue and
offered a written opinion to Council dated December 9, 2002; special taxes levied in
these two districts are levied to provide for additional governmental services not
being offered uniformly throughout the entire City; while localities may not impose
a service district tax on property within a district that is not otherwise subject to
local taxation, City Council may require, as a condition to granting tax exempt status
to an organization in the future, that the organization pay voluntarily to the City a
sum equal to what it would otherwise be obligated to pay as a service district tax,
just as Council now does with regard to service charges; and the policy document
has been amended to include this new provision.
,,,..
--"
336
It was stated that in addition, House Bill 1750 was passed during the 2003
Session of the General Assembly to implement the constitutional amendment
permitting localities to grant real estate tax exemptions on and after January 1,2003,
and was signed by the Governor on May 2, 2003, which recommends specific
procedures that require additional changes to the City of Roanoke's procedure.
The City Manager recommended that Council approve amendments to City
policy regarding the determination of tax-exempt property, including changes
required by HB 1750 and including language requiring, as a condition to granting tax
exempt status to an organization in the future, that the organization pay, voluntarily,
to the City a sum equal to what it would otherwise be obligated to pay as a service
district tax.
Mr. Dowe offered the following resolution:
(#36331-051903) A RESOLUTION adopting a new policy and procedure with
respect to processing requests from non-profit organizations to have their property
exempted from taxation pursuanttoArticle X, fi6(a)(6), ofthe Constitution of Virginia;
and repealing Resolution No. 36148-120202, adopted December 2, 2002.
(For full text of Resolution, see Resolution Book No. 67, page 286.)
Mr. Dowe moved the adoption of Resolution No. 36331-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith-------------------------------------------------------------------------------------------7.
NAY!): N()I1El----------------------------------------------------------------------------------------0.
PURCHASE/SALE OF PROPERTY -BUDGET -CITY PROPERTY -FLOOD
REDUCTION/CONTROL: The City Managersubmitted a communication advising that
the City of Roanoke has been awarded a grant from the Federal Emergency
Management Agency (FEMA) and the Commonwealth of Virginia Department of
Emergency Management (VDEM) through its Hazard Mitigation Grant Program
(HMGP), for the purpose of removing a building located at 1428 10th Street, N. W.,
which is subject to repetitive flooding; and of the existing 987 Elevation Certificates
City-wide, this property is at the top of the list for flood vulnerability.
,...........,,,_..
". ......t.-..il_.....~w.,.,
337
It was further advised that during the 1985 flood of record, the depth of water
reached 10.7' above the bottom floor elevation; the property was appraised by Miller,
Long & Associates, Inc., in November 2002, and market value was determined to be
$100,000.00; the program is entirely voluntary and the property owner was notified
of the appraisal and at the property owner's request, the City pursued the grant;
current tenants will be relocated following requirements of the grant and after
relocation is completed, the building will be demolished.
It was explained that total project cost estimate is $161,400.00 which includes
purchase of the property, relocation and demolition; the grant award will cover
$153,330.00 of the proposed cost, with the remaining funds totalling $8,070.00
available in the Capital Projects Fund Lick Run Greenway account; and authorization
is needed to move forward with procurement of title work, document preparation
related to acquisition ofthe necessary property rights and eventual demolition ofthe
structure.
The City Manager recommended that she be authorized to execute the
necessary documents, in a form approved by the City Attorney, to purchase real
property owned by Mr. AIi Ababseh, 14281 oth Street, N.W., Official Tax Nos. 2130614
and 2130615; authorize demolition of the structure and close the 10th Street Hazard
Mitigation Grant Program grant, in accordance with requirements of the Federal
Emergency ManagementAgency; create an account entitled, Hazard Mitigation Grant
- 1428 10th Street, and establish revenue estimates in the amount of $121,050.00
from FEMA and $32,280.00 from VDEM in the Grant Fund; and transfer $8,070.00
from the Capital Projects Fund Lick Run Greenway, Account No. 008-530-9754, to
Grant Fund Hazard Mitigation Grant -1428 10th Street account.
Mr. Dowe offered the following budget ordinance:
(#36332-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects and Grant Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 288.)
Mr. Dowe moved the adoption of Ordinance No. 36332-051903. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
an d Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYl): N()nEl------------------------------._--------------------------------------------------------0.
,,,_ r < .
~-, .
338
Mr. Dowe offered the following ordinance:
(#36333-051903) AN ORDINANCE authorizing the acquisition and demolition
of certain property located at 1428 10th Street, which is subjective to repetitive
flooding, under the Federal Emergency Management Agency's (FEMA) Hazard
Mitigation Grant Program and the Commonwealth of Virginia Department of
Emergency Management's (VDEM) Hazard Mitigation Grant Program, upon certain
terms and conditions; authorizing the closing of the 10th Street Hazard Mitigation
Grant Program; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 289.)
Mr. Dowe moved the adoption of Ordinance No. 36333-051903. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
aile! ftnlllfClr !;nnitl1-------------------------------------------------------------------------------------------1'.
NAY!;: NClnEl----------------------------------------------------------------------------------------0.
Council Member Cutler inquired if buildings along Ore Branch between Cycle
Systems, Wonju Street and the Roanoke River would be eligible for acquisition and
demolition under FEMA's Hazard Mitigation Grant Program; whereupon, the City
Manager advised that staff will contactthe appropriate officials to determine iffunds
are available.
BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a
communication advising that the existing Exhibit Hall directly under the plaza area
at the Roanoke Civic Center has had problems with leaks for several years;
waterproofing the plaza by installing a new membrane roof will correct the problem
and allow the space to be converted into meeting rooms; and funding in the amount
of $400,000.00 is needed for the project, and is available in the General Fund
Transfers to Capital Projects Fund, Account No. 001-250-9310-9508, and may be
transferred to Civic Center Fund Expansion/Renovation Phase II, Account No. 005-
550-8616-9003.
The City Manager recommended that Council transfer $400,000.00 as above
described.
Mr. Dowe offered the following budget ordinance:
. ........,-~
.,. ,_......._.....~~....
339
(#36334-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Civic Center Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 291.)
Mr. Dowe moved the adoption of Ordinance No. 36334-051903. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith-------------------------------------------------------------------------------------------7.
NAY!): NClI1El----------------------------------------------------------------------------------------0.
Council Member Cutler advised that the Roanoke Arts Commission has asked
to provide design direction in regard to public art to be dispiayed on the Civic Center
Plaza, and it is hoped that plans for water proofing the roof and the art program will
be coordinated.
ACTS OF ACKNOWLEDGMENT-NORFOLK SOUTHERN CORPORATION-
RAILSIDE LINEAR WALK: The City Manager submitted a communication advising
that construction of the Railside Linear Walk project has been a multi-year project
linking the downtown market with the Transportation Museum, and honoring
Roanoke's railroad history; in light of Roanoke's rich railroad heritage and
O. Winston Link's significant contribution to Roanoke's cuiture and art, it is
proposed that the rail walk be named the "0. Winston Link Railwalk" in his honor;
and currently, restoration of the historic N & W passenger station is underway,
which will house the "0. Winston Link Museum", with a projected completion date
of August, 2003.
The City Manager recommended that Council adopt a resolution changing the
name of the Railside Linear Walk to the O. Winston Link Railwalk.
Mr. Dowe offered the following resolution:
"A RESOLUTION renaming the Railside Linear Walk as the O. Winston Link
Railwalk."
Mr. Dowe moved adoption ofthe resolution. The motion was seconded by Mr.
Bestpitch.
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340
D. Kent Chrisman, Executive Director, History Museum and Historical Society,
expressed appreciation for the City of Roanoke's continued support of the railwalk
project since its inception, and advised that fund raising efforts are ongoing, despite
difficult economic times. He stated that it is appropriate to change the name of the
Railside Linear Walk to the O. Winston Link Railwalk inasmuch as Mr. Link selected
Roanoke as the site for his museum due to his obvious love and respect of the
Roanoke community and its rail heritage. He added that the final exhibit design was
recently completed by working in conjunction with a Richmond based firm, and
some of the prints are currently on tour, having recently been displayed in the State
of Illinois, the mission of which is to bring the Roanoke Valley and western Virginia
to the rest of the world by taking the images on tour. He advised that the renaming
has the support of the Executive Committee of the Virginia Museum of
Transportation and the History Museum will continue to work with the
Transportation Museum, The Hotel Roanoke and other rail related heritage sites and
facilities along the railroad tracks.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., stated that the question of
renaming the rail walk has not been reviewed by the City Planning Commission
which is required of other organizations submitting similar requests. She advised
that the proper City procedure has not been followed and encouraged the City to
follow its own example with regard to naming public facilities.
Ms. Wyatt advised that in the past, such requests have been submitted to the
Council with a recommendation by the City Planning Commission, which has also
allowed for community Input and ownership, and when the process is superceded,
a portion of the community is alienated. She stated that her first knowledge of the
recommendation was when she read the May 19, 2003 Council agenda. Therefore,
Ms. Wyatt offered a substitute motion that the matter be referred to the City Planning
Commission for study, report and recommendation to Council. The motion was
seconded by Mr. Dowe.
Upon question, the City Attorney advised that he could find no written policy
or procedure on the naming of buildings; however, traditionally, it has been the
policy of Council to receive the recommendation of the City Planning Commission
prior to the naming of buildings.
As background, the City Manager advised that approximately 18 months ago,
it was decided that it would not be appropriate to rename the railside linear walk
until the project was completed; and the project has now been completed, and plans
are underway for a ribbon cutting ceremony in early June. She explained that when
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341
the request came up in context with the ribbon cutting and a discussion regarding
the anniversary celebration of the railroad, she consulted with the Director of
Planning and determined that there is no written City policy for the naming of
buildings; administratively, it has been the practice to forward requests for street
names to the City Planning Commission for a recommendation; and with the
understanding that it was Council's intent to rename the railside linear walk at the
appropriate time, the recommendation was placed on the Council's agenda.
Council Member Bestpitch inquired if there is concurrence by the O. Winston
Link Estate; whereupon, the City Manager referred to a May 14, 2003 communication
from Mr. Chrisman in which it is indicated that John P. Bradshaw, President of the
History Museum and Historical Society, reviewed the proposal with the Trustee of
the O. Winston Link Estate, who has endorsed the request.
Mr. Bestpitch advised that although the matter has not been included on the
formal Council agenda, it has received considerable discussion over the past 24
months, and there is no reason for it to become a controversial issue. Therefore, he
spoke in support of approving the City Manager's recommendation.
Council Member Cutler inquired as to whether the railwalk could be regarded
as a greenway, and the possibility of including additional artifacts, as well as
interpretive activities along the railwalk and the bridge; whereupon, itwas noted that
the History Museum has volunteered to assist in securing some of the activities.
The City Manager called attention to the need to decide which activities should be
interpreted and in which ways; and the primary purpose of the railwalk may be to
interpret Roanoke's rail history, as opposed to serving as another connection to the
greenway since good greenway connections are already planned.
Council Member Fitzpatrick suggested that there be recognition of local
persons as a part of the naming of the railwalk, in addition to the O. Winston Link
connotation; i.e.: the President or Chair of Norfolk and Western Railway.
Council Member Dowe concurred in the remarks of Ms. Wyatt that the matter
should be referred to the City Planning Commission for a recommendation to
Council.
The substitute motion to refer the matter to the City Planning Commission for
study, report and recommendation to Council was unanimously adopted.
. .
342
BUDGET-REGIONAL COMPETITIVENESS ACT: The City Manager submitted
a communication advising that in March, 2001, the City of Roanoke was awarded
$45,000.00 in Regional Competitiveness Funds, a State program administered locally
by the Fifth Planning District Regional Alliance; of this amount, $25,000.00 was
provided to the City to help fund the air service enhancement activities being
undertaken by Kaufman and Canoles Consulting, LLC; recently, the City requested
that $12,530.00 of the original $45,000.00 grant be released to the Roanoke Regional
Airport Alliance to assist with the Campaign for Fair Airfares; at the same time, the
Fifth Planning District Regional Alliance was asked to make available to the City the
balance of $7,470.00 remaining from the original $45,000.00; and the $7,470.00 would
become part of the funding needed to extend the City's agreement with KCC.
It was further advised that extension of the agreement with KCC represents
a sole source procurement action on the part of the City; i.e.: the City is not
soliciting competing proposals to continue the consulting services that KCC has
been providing; such action is deemed appropriate and consistent with rules of the
Virginia Procurement Act due to extensive involvement and experience of KCC to
date in assisting with establishment of the Roanoke Regional Airport Alliance and
representing the City to the business community and potentiai air carriers; selecting
another consultant at this stage would be disruptive due to the steep learning curve
involved and would, thus, adversely affect the City's ability to achieve its ultimate
project goal of attracting the services of a low-fare air carrier; therefore, a change
of consultant at this stage would be contrary to the public interest.
It was explained that expenses under the original agreement with KCC were
less than anticipated; therefore, only $23,856.00 In additional funds will be ne9ded
for a six-month extension; Roanoke County has agreed to share equally with the City
in the costs of the KCC extension not covered by the $7,470.00 in Regional
Competitiveness Funds; thus, City and County shares will each be $8,193.00;
Roanoke County will provide Its funds on a reimbursable basis, and City and County
funds together will satisfy the dollar-for-dollar match required by Regional
Competitiveness Funds.
It was stated that because ofthe importance ofthe services provided by KCC,
extension will be written for a six-month period, with options to renew for an
additional six months thereafter; and since the increase in funds is less than
$25,000.00, S2-124(b) the City Code provides direct authority to the City Manager to
execute the amendment.
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The City Manager recommended that Council authorize the following actions:
1. Accept the additional $7,470.00 in Regional
Competitiveness Funds and the commitment of
$8,193.00 from Roanoke County. Increase the
corresponding revenue estimates and appropriate
funds to the Regional Competitiveness Program,
Account No. 035-410-9750-2010, in the Grant Fund;
and
2. Transfer $8,193.00 from the General Fund
Contingency, Account No. 001-300-9410-2199, to the
same Grant Fund account.
Mr. Dowe offered the following budget ordinance:
(#36335-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 292.)
Mr. Dowe moved the adoption of Ordinance No. 36335-051903. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith-------------------------------------------------------------------------------------------7.
NAYS: NClnEl----------------------------------------------------------------------------------------0.
Mr. Dowe offered the following resolution:
(#36336-051903) A RESOLUTION authorizing a six-month extension of an
Agreement that became effective April 1, 2002, with Kaufman and Canoles
Consulting, LLC ("KCC"), for air service enhancement activities, accepting funds
from the Fifth Planning District Regional Alliance and a commitment for funds from
Roanoke County, and concurring with the determination of the Director of General
Services that KCC is the only source practicably available to perform such air
service enhancement activities.
(For full text of Resolution, see Resolution Book No. 67, page 294.)
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Mr. Dowe moved the adoption of Resolution No. 36336-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
1I1lcl ftnlllfClr !)rnitll-------------------------------------------------------------------------------------------7.
NAY!): NClIlEl------------------------------------------------------------------------------------~----O.
CONVENTION AND VISITORS BUREAU-TOURISM: The City Managersubmitted
a communication advising that the City of Roanoke has annually entered into an
Agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to
provide funding for marketing the Roanoke Valley as a convention and destination
tourism site; as a part of the annual budget adopted by Council on May 12, 2003, the
Memberships and Affiliations budget includes funding of $541,440.00 specifically
designated for the RVCVB; an additional $306,000.00 is designated in the annual
budget for marketing efforts and will go to the RVCVB, subject to an adjustment
provision; and the additional $306,000.00 will be adjusted by the Director of Finance,
up or down, at the end of the fiscal year based on an amount equal to the actual
revenues collected from the previously enacted one per cent increase in the
transient occupancy tax.
It was further advised that the City has negotiated a one year agreernent,
commencing July 1,2003, with the RVCVB detailing use of the funds; the agreement
provides for the same number of City of Roanoke representatives on the RVCVB
Board of Directors as last year, but changes the method of selection to that set forth
in paragraph 8 of the Agreement, in accordance with the City Manager's
recommendation; the Agreement also contains a mutual indemnity clause, which
requires approval by Council; and the RVCVB submitted a detailed report listing its
accomplishments through April 2003, and an annual budget and work plan for 2003-
2004 will be submitted to the City Manager for review and approval, upon approval
of the RVCVB Board of Directors.
The City Manager recommended that she be authorized to execute an
Agreement, in the amount of $847,440.00, with the Roanoke Valley Convention and
Visitors Bureau, in a form approved by the City Attorney, for the express purpose of
marketing the Roanoke Valley as a regiClnal destination for convention and
destination tourism; and that the Director of Finance be authorized to mak.. the
$306,000.00 adjustment as above described.
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345
Mr. Dowe offered the following resolution:
(#36337 -051903) A RESOLUTION authorizing an agreement with the Roanoke
Valley Convention and Visitors Bureau for the purpose of increasing tourism in the
Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 67, page 295.)
Mr. Dowe moved the adoption of Resolution No. 36337-051903. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYS: NClI1Et----------------------------------------------------------------------------------------0.
Council Member Bestpitch referred to paragraph 8 ofthe proposed agreement
and suggested that the word "member" instead of "member(s)" be inserted. He also
suggested that any language that is gender specific be removed from the agreement.
BUDGET-COMMUNICATIONS DEPARTMENT -LIBRARIES-INTERNET: The City
Manager submitted a communication advising that the City of Roanoke, City of
Salem, Roanoke County and Botetourt County currently share an automated library
system, pursuant to a 1988 agreement which gives the responsibility for operating,
maintaining and administering the library system to the City of Roanoke; and the
consortium operates under the name of Roanoke Valley Libraries (RVL).
It was further advised that due to limitations of its 11-year old system, RVL
upgraded the system to a more comprehensive library system in September 2002;
the new system has added many new capabilities for the libraries, as well as a
comprehensive online Internet catalogue for citizens of the Roanoke Valley; RVL
proposes to purchase hardware and software to set up a second library server for
testing new releases of the software and to act as a backup to the primary library
server; Library Directors and the RVL Implementation Committee have approved the
purchase of a test system at a total cost of $48,947.00; and costs will be divided
among the localities based on the following percentages:
City of Roanoke
City of Salem
30.1%
10.4%
$14,733.00
$5,090.00
r >..",
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346
County of Roanoke
County of Botetourt
46.0%
13.5%
$22,516.00
$6,608.00
It was explained that funding for the City of Roanoke's share is available in
Enterprise Project Management System, Account No. 013-430-9858, as approved by
the Information Technology Committee (ITC).
The City Manager recommended that Council approve transfer of $14,733.00
from Enterprise Project Management System, Account No. 013-430-9858, to an
account to be established by the Director of Finance in the Technology Fund; and
increase the Roanoke Regional Area Library revenue estimate, Account No. 013-430-
9887-1069, by $34,214.00 and appropriate said funds to the same Technology Fund
account.
" Mr. Dowe offered the following budget ordinance:
(#36338-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Department ofTechnology Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 296.)
Mr. Dowe moved the adoption of Ordinance No. 36338-051903. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
aile! ftnalfClr l;rnitl1-------------------------------------------------------------------------------------------1'.
NAYS: NClIlEl----------------------------------------------------------------------------------------0.
Council Member Bestpitch referred to the consortium that operates under the
name of Roanoke Valley Libraries, yet separate library departments are maintained
by member jurisdictions. He stated that considerable ground work has already been
done, therefore, the library issue could become the next regionalized operation
within the Roanoke Valley. He further stated that there are library functions that
could be combined to achieve greater efficiencies in IClcal government, and
suggested that the City again express its interest in developing a regional library
department.
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347
CITY EMPLOYEES-LEASES: The City Manager submitted a communication
advising that the City currently leases 2,525 square feet of office space at 120 Kirk
Avenue, S. W., to house the Occupational Health Clinic; the Clinic also uses an
additional 1 ,400 square feet in an adjoining office suite at 114B Kirk Avenue as a
training facility; rental rate for the two spaces is $1,850.00 per month; and the
current agreement between the City and Kirk Avenue Properties, LLC, will expire on
May 31, 2003.
It was further advised that while the Clinic is expected to relocate to City
owned facilities in the next two years, the space currently being leased is still
needed, and City staff has negotiated terms for a new agreement to lease 114B and
120 Kirk Avenue S. W., for one year, from June 1, 2003 through May 31, 2004, with
two one-year renewal options at the Lessee's discretion, at a rental rate of $2,000.00
per month; if renewal options are exercised, rent will be $2,150.00 per month for the
second year and $2,300.00 per month for the third year; the City will contin~!e to
provide its own janitorial service and minor routine maintenance; and funds are
available in the fiscal year 2003-04 Occupational Health Clinic Operating Account No.
001-340-1263-3075, and will be included as part of the budgeting process in
subsequent years.
The City Manager recommended that she be authorized to execute a new iease
agreement with Kirk Avenue Properties, LLC, as summarized above and in a form
to be approved by the City Attorney.
Mr. Dowe offered the following ordinance:
(#36339-051903) AN ORDINANCE authorizing the City Manager to enter into
a lease agreement with Kirk Avenue Properties, LLC, or its successor, for office
space at 114B Kirk Avenue for a training facility and 120 West Kirk Avenue for the
Occupational Health Clinic, upon certain terms and conditions; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 298.)
Mr. Dowe moved the adoption of Ordinance No. 36339-051903. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith-------------------------------------------------------------------------------------------7.
NAYl): NClI1El-----------------------------------------------------------------------------------------0.
r ..
348
BUDGET -HOSPIT ALS-GRANTS-L1BRARIES-INTERNET: The City Manager
submitted a communication advising that the City of Roanoke Public Library System
has received notification of a $49,116.00 grant from the National Network of Libraries
of Medicine/Southeastern Atiantic Region, which will provide funding to train
consumers on how to access quality health information on the Internet; the primary
goal of the service is to improve public health by (a) empowering individuals,
especially those with low incomes, minority, youth and the elderly, to develop an
understanding of the practices and benefits of preventative and early intervention
health care; (b) improving the likelihood of successful treatment outcomes by
allowing users of the Library system to better understand treatment protocols; and
(c) preparing consumers and patients, both insured and uninsured, to Interact more
confidently and effectively with their health care providers by helping them to
develop well-informed questions and to conduct research that will help them better
understand their own health issues; and in a recent study conducted by Carilion
Health System, local health care providers and heaith professionals concluded that
equipping citizens with better consumer health oriented information is a critical need
of the community.
It was further advised that grant funds will be used to hire temporary staff in
the Main Library's Reference and Automation Departments; in addition, funds will
be used for purchase of equipment, reproduction and printing costs, professional
services/consultations, advertising, interlibrary loan services, and publications and
subscriptions on health issues; major elements ofthe service include: (a) formation
of a work group of community based and social service agencies to advise the
library on development and implementation of service, (b) training of Library staff
and key community volunteers on consumer health information by the Library's two
medicai health librarians, and (c) selection and purchase of publications, databases
and web-based resources; and coordination of the above referenced elements is
underway by the Library's Head of Reference Services.
The City Manager recommended that Council accept the National Network of
Libraries of Medicine/Southeastern Atlantic Region grant, in the amount of
$49,116.00, and authorize the City Manager to execute an agreement with the
National Network of Libraries of Medicine/Southeastern Atlantic Region, and any
other forms necessary to accept the grant, to be approved as to form by the City
Attorney; and appropriate $49,116.00 and establish a corresponding revenue
estimate in grant funding in accounts to be established in the Grant Fund by the
Director of Finance.
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349
Mr. Dowe offered the following budget ordinance:
(#36340-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 299.)
Mr. Dowe moved the adoption of Ordinance No. 36340-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYl): NClnEl-----------------------------------------------------------------------------------------0.
Mr. Dowe offered the following resolution:
(#36341-051903) A RESOLUTION authorizing acceptance of a grant award from
the National Network of Libraries of Medicine/Southeastern Atlantic Region, to
provide funding for the purpose of training consumers on how to access quality
health information on the Internet, to improve the public health by providing citizens
with better consumer health oriented information, and authorizing execution of any
and all necessary documents for acceptance of the grant.
(For full text of Resolution, see Resolution Book No. 67, page 300.)
Mr. Dowe moved the adoption of Resolution No. 36341-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAYl): NClI1El----------------------------------------------------------------------------------------0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that consolidation of the majority of human service
agencies into one location resulted in the City leasing office space within the Civic
Mall building iocated at 1502 Williamson Road, N. W.; design and construction work
for the Civic Mall as required under the lease agreement previously approved by
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350
Council is underway; additional funding in the amount of $606,000.00 is required to
cover costs associated with purchase of systems furniture for approximately 235
employees, casework, and design fees; bids for furnishings and casework have
been received and contracts need to be awarded before bids expire on May 21,2003;
and funding is available in the following accounts:
CMERP Reserve
(Account No. 001-300-9410-2197)
$572,814.00
FY02 CMERP Balance
(Account No. 001-3323)
33.186.00
$606,000.00
The City Manager recommended that Council transfer funds totaling
$606,000.00 to a new account to be established by the Director of Finance in the
Capital Projects Fund, entitled Civic Mall Relocation.
Mr. Dowe offered the following budget ordinance:
(#36342-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 301.)
Mr. Dowe moved the adoption of Ordinance No. 36342-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
CI!lel ftftCllfClr !lrnitl1-------------------------------------------------------------------------------------------1'.
NAY!l: NClne----------------------------------------------------------------------------------------0.
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: The City
ftftanager submitted a communication advising that current City Code sections
require any new building abutting an existing public sanitary sewer to connect to the
sewer; however, if a public sewer is not abutting a new building, current City Code
provisions allow installation of a septic tank; as a policy, the Utility Department has
required the extension of public gravity-sewer mains to serve all buildings, if
.oIIIIiIIlMi.l.,_,..
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351
feasible; ordinances addressing sewer connections and extensions have not been
modified since 1956, and should be changed to require mandatory connections for
new buildings; and with the change, the following issues would need to be
addressed.
In some cases, due to length, depth, development, subsurface
conditions, or cost, it may not be feasible to extend public gravity-
sewer mains to serve new buildings; if it is not feasible to extend a
public gravity-sewer main adjacent to a new building, the City Manager
could allow construction of a public pressure-sewer main within a
right-of-way or public easement; in these cases, the property owner
would be required to install a private sewer pump station, and a private
pressure-sewer line to connect with the public sewer; if it is not
feasible to construct a public pressure-sewer main, for the same
reasons above stated for public gravity-sewer extensions, the City
Manager should have the discretion to not allow construction of a
public pressure-sewer main; and in these limited cases, the City
Manager could allow the construction of on-site septic tank systems.
To accomplish the above changes, amendments are recommended to
the following City Code sections:
Sec. 26-2. Use of House or Building Without ApDroved
Method of DisDosal of Sewaae Prohibited.
It shall be unlawful for the owner of any house or building
used as a place of human habitation, any warehouse, any
public building or other place where human beings
congregate, or are employed in the City, to use or occupy,
or to rent or lease the same for the use or occupancy by
any person, or for any person to use or occupy the same
unless and until the house or building shall have been
supplied or equipped with an approved method of
disposal of human excreta and that such method of
disposal will comply with the provisions of this chapter
and the regulations of the state department of health.
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352
Sec. 26-3. Mandatorv Sewer Connections.
The owner or person constructing a house or building as
described in Sec. 26-2, on property abutting in any manner
upon a street, alley, public right-of-way or public easement
through which runs a public sanitary sewer, shall be
required to connect such house or building with such
sewer in accordance with the provisions of this chapter.
Any person who shall fail to make such connection, after
sixty (60) days notice from the city manager, shall be guilty
of a violation ofthis section. If a public sanitary sewer line
is not abutting such property, an off-site extension of the
existing public sanitary sewer system shall be made in
accordance with the provisions of this chapter. Off-site
sewer system requirements are described further in Sec.
26-8.
Sec. 26-8. Extension of Sanitary Sewers within City.
(a) Upon proper application for the off-site extension of
a public sanitary sewer within the City, the City shall bear
one-half of the construction cost of such extension and
the applicant shall pay the other one-half of the
construction cost thereof and any additionai cost, less any
credits, as provided in this section. Ifthe City participates
in the construction cost of the off-site extension, payment
by the City shall be due upon completion by the applicant,
and acceptance of such extension by the City. An off-site
sanitary sewer is defined as any sewer system located or
to be located outside such house or building's property.
The off-site sewer system shall be a public sanitary sewer
line located in a street, alley, public right-of-way or public
easement.
(b) The applicant shall design and install an off-site
public gravity-sewer main to serve its property. All design
for public sewer mains shall be performed by a
professional engineer, licensed in the Commonwealth of
Virginia, and must be approved by the City. If an
extension of an off-site public gravity-sewer main to the
~,~.....,..
'",c......~__...,
property is determined not to be feasible by the city
manager due to its length, depth, development,
subsurface conditions or cost, the applicant shall design
and install a public pressure-sewer main within the public
right-of-way or public easement.
(c) If a house or building is constructed at an elevation
that does not permit gravity flow into the public sewer
system, a private pumping facility shall be constructed for
such house or building. The pumping facility shall be
located on private property, with a private pressure-sewer
service line connecting such facility with the public sewer
main.
(d) If an extension ofthe off-site public pressure-sewer
main is not determined feasible by the city manager due to
its length, depth, development, subsurface conditions or
cost, the applicant may install a septic tank constructed in
accordance with the rules and regulations of the state
department of health.
(e) Credits will be allowed towards the increased costs
for any off-site extensions if the City requires a line size in
excess of the minimum size required to serve the
applicant. Credits will be equal to 100% of the difference
in cost for furnishing and installing the minimum line size
and furnishing and installing the line size otherwise
required by the City to serve the applicant.
(f) The payment by any person of any costs or charges
as set forth in this section shall not relieve such person
from the payment of all sanitary sewer connection costs,
including the connection fees prescribed by the Council
pursuant to Section 26-4.1 of this Code.
(g) Notwithstanding any other provision of this Code,
whenever the abutting owner is able to establish financial
inability to pay legally imposed charges incident to such
extension, the city manager may provide forthe necessary
work and labor to accomplish such connection and
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353
354
authorize the payment of such charges in monthly
installments for a period not to exceed five (5) years from
the date such charges initially accrue, with interest at the
legal rate. Such deferred payments shall be evidenced by
a note and secured by a deed of trust on the property
served by the extension to be recorded, without expense
to the City, in the Clerk's Office of the Circuit Court of the
City.
The City Manager recommended that Council adopt a proposed ordinance.
Mr. Dowe offered the following ordinance:
(#36343-051903) AN ORDINANCE amending and reordaining Section
26-2,General reauirements for disDosal of human excreta and maintenance of toilet
rooms.Section 26-3, Mandatorv sewer connections. and Section 26-8, Extension of
sanitary sewers within city, of Article I, In General. of Chapter 26, Sewers and
Sewaae DisDosal, requiring connection to the public sanitary sewer, with certain
exceptions, and for the extension of public sewer mains to serve all buildings; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 303.)
Mr. Dowe moved the adoption of Ordinance No. 36343-051903. The motion
was seconded by Mr. Cutler.
Question was raised as to how sewer connections and extensions will be
addressed in context with the proposed regional water authority; whereupon, the
City Manager advised that the policy, as adopted by the City of Roanoke, would
become a part of the regional water authority from an enforcement standpoint.
For clarification purposes, Mr. Bestpitch moved that the ordinance be
amended as follows:
Delete:
S26.2 - Use of House or Building Without Approved Method of Disposal
of Sewage Prohibited.
It shall be unlawful for the owner of any house or building used as a
place of human habitation, any warehouse, any public building or other
place where human beings congregate or are employed in the city to
....~,......
.,," ...-.....-----..
355
use or occupy, or to rent or lease the same for the use of occupancy by
any person, or for any person to use or occupy the same unless and
until the house or building shall have been supplied or equipped with
an approved method of disposal of human excreta and that such
method of disposal will comply with the provisions of this chapter and
the regulations of the state department of health.
Insert:
~26.2 - Use of House or Building Without Approved Method of Disposal
of Sewage Prohibited.
It shall be unlawful for the owner of any house or building used as a
place of human habitation, any warehouse, any public building or other
place where human beings congregate or are employed in the city to
use or occupy, or to rent or lease the same for the use or occupancy by
any person, or for any person to use or occupy the same unless and
until the house or building shall have been supplied or equipped with
an approved method of disposal of human excreta. Such method of
disposal shall comply with the provisions of this chapter and the
regulations of the state department of health.
The motion was seconded by Mr. Cutler and unanimously adopted.
Mr. Bestpitch suggested preparation of an amendment to the ordinance for
consideration by Council at a later date requiring notification of future property
owners as to the existence of a private pumping facility.
The Mayor expressed concern with regard to costs to future developers of City
property, and stated that it is conceivable that the proposed policy could interfere
with future economic development.
The City Manager clarified that the proposed policy is intended to minimize
and to limit the number of properties that would be developed with a private septic
system, but the policy in no way eliminates septic systems. She stated that
Roanoke, as a community that is highly developed and has little remaining land for
development, must find as many ways as possible to make existing land
developable; and the proposed policy also requires that the City of Roanoke
participate in 50 per cent of the cost of sewer construction, which should be an
."..., .,.... '""'T'I.v'
. ..u. _..... _._"
356
incentive to a prospective developer. She advised that if certain costs are
determined to be extraordinary for both parties, options will be reviewed, and it is
intended to address the policy in such a way that the ability of land to be developed
in the City of Roanoke is not limited. She explained that the proposed policy was
drafted with the intent that there will be an opportunity to make exceptions.
Ordinance No. 36343-051903, as amended, was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith -------------------------------------------------------------------------------------------7.
NAY!): N()l1e----------------------------------------------------------------------------------------0.
BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Emergency Management
has awarded the Roanoke Valley Citizen Corps Council two Federal grants
administered by the Commonwealth of Virginia, in the amount of $5,000.00 for the
Citizen Corps Council and $35,000.00 for the Community Emergency Response
Team (CERT); the Roanoke Valley Citizen Corps Council consists ofrepresentatives
from each of the four local governments - Roanoke, Salem, Vinton and Roanoke
County; also included among its members are representatives from the American
Red Cross, United Way, Virginia Department of Health, and other
agencies/organizations; and funds for the grants will be administered by the City of
Roanoke's Finance Department.
It was further advised that the purpose of the Citizen Corps Council is to
organize and coordinate involvement ofthe community in emergency preparedness
planning, mitigation, response, and recovery for all types of emergencies and
disasters, including acts ofterrorism; the Council will guide and support Community
Emergency Response Team (CERT) training which promotes formulation of
neighborhood teams trained in the basic skills to respond to emergencies within its
immediate area until professional help arrives; CERT graduates are further
encouraged to volunteer for other organizations within the community; awards were
based on the strength of applications, risks, popUlation and a demonstrated
commitment to program implementation; and funds have been received by the City
of Roanoke and will be used for the f()ur jurisdictions to train citizens in emergency
response procedures and to encourage volunteerism.
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357
It was explained that funding, which requires no local match, must be used
in accordance with Federai requirements for Citizen Corps Grants; the Citizen Corps
Council will be responsible for using program funds according to grant guidelines
and approved budgets; and the City of Roanoke will oversee financial reports which
will be submitted quarterly.
The City Manager recommended that she be authorized to execute and attest,
respectively, on behalf of the City of Roanoke, any documentation required in
connection with obtaining and accepting the two grants and to furnish such
additional information and to take such additional action as may be needed to
implement and administer grant funds and grant agreements; that Council
appropriate funding, in the amount of $5,000.00 for the Citizen Corps Council and
$35,000.00 for the Community Emergency Response Team (CERT), in accounts to
be established by the Director of Finance in the Grant Fund; and establish
corresponding revenue estimates in the Grant Fund.
Mr. Dowe offered the following budget ordinance:
(#36344-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 310.)
Mr. Dowe moved the adoption of Ordinance No. 36344-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Smith--------------------------------------------------------------------------------------::--- 7.
NAY!): NClI1El-----------------------------------------------------------------------------------------0.
Mr. Dowe offered the following resolution:
(#36345-051903) A RESOLUTION authorizing the City Manager to accept two
Federal grants administered by the Commonwealth of Virginia Department of
Emergency Management that have been awarded to the Roanoke Valley Citizen
Corps Council, in the respective amounts of $5,000.00 forthe Citizens Corps Council
and $35,000.00 for the Community Emergency Response Team; autho~:zing
-- . ..-
358
execution of any required documents on behalf of the City for acceptance of such
grants; and authorizing the City Manager to furnish such additional information and
take such additional action as may be needed to implement and administer such
grants.
(For full text of Resolution, see Resolution Book No. 67, page 311.)
Mr. Dowe moved the adoption of Resolution No. 36345-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
allcl MlllfClr l)rnitl1-------------------------------------------------------------------------------------------1'.
NAYS: NClIlEl----------------------------------------------------------------------------------------0.
BRIEFINGS:
COMMITTEES-YOUTH: The City Manager introduced a briefing on activities
of Roanoke's Youth Initiative.
Marion Vaughn-Howard, Youth Planner, advised thatthe Youth Forum met on
NovembElr 22,2002, and 133 students from local high schools participated; 22 active
members of the Youth Commission meet on a regular basis; a Youth Retreat was
held in March 2003 and participants engaged in discussion regarding how to
overcome differences, identification of key priority issues and leadership.
She explained that initiatives completed, planned or underway include a
Resource Guide and Youth Directory, youth employment through the Weed and
Snow Removal Program and internships, Nutrition Program, Mobile Recreation
Programs, Night Moves Program, Youth Fitness Program, "Laws of Life" program,
Youth Academy, and Youth Student Grant Program. She stated that programs are
described as follows: the Resource Guide and Directory includes a listing of
services and resources available, provides a community resource data base for
Youth Services stakeholders, and provides website accessibility through IntElrnet
and CD ROM technology; the Night Moves Program provides recreational
opportunities thrClughout the City, partnering with neighborhood organizations, and
partnership with Youth Services and the City's Recreation Division; the Internships
and Empioyment Program will provide internships for 60 - 65 young people this
summer, partnering with City departments for placement, partnering with Youth
~"~........
...-....--.,
359
Service organizations for placement, and on the job training and work ethic
development; the Youth Nutrition Program provides nutritional breakfasts and
lunches during summer months, includes a recreational component, provides a
nutritional education component and emphasizes the role proper nutrition plays in
physical/mental development; the Mobile Recreation Program brings recre~tion
opportunities to neighborhoods throughout the City and provides "Neighborhood
Specific" Programs in under served neighborhoods of the community; the Youth
Student Grant provides educational opportunities for youth in a school setting,
enhancement of environmental awareness, a Social Science based program, and the
2003 Pilot Project for the Addison Butterfly Garden; Youth Commission projects
consist of National Youth Services Day (adoption of Huff Lane Micro Village), Town
meeting follow-up, design and plan a Youth Concert in August 2003, host a reception
for World Changers on July 12 - 19, 2003, conduct a teen activity survey in
December, 2003, develop and coordinate a Youth Council within each middle school
in December 2003 and investigate, design and develop a "Youth Community Place
in the 2003-04 budget year; the Teen Fitness Pilot Program includes a fitness
program identified for teens, a family activity to encourage families to "Get Fit"
together, and partnering with different middle schools each year; Laws of Life
program includes partnership with Hollins University and publication of finished
materials in "Youth Writing Block", governance, community involvement, leadership
and core values and character development.
In summary, Ms. Vaugh-Howard advised that goals are to develop a youth
leadership role in the community, to develop a holistic and innovative approach to
providing youth services and programs, to create a forum and to empower youth, to
develop a comprehensive approach to youth program delivery, to develop programs
for young people by young people, and to promote the motto: "Roanoke, the City
that continues to care about children". She stated that a recommendation will be
forthcoming from the Youth Services Citizen Board and the Youth Council.
During a discussion by Council Members, it was suggested that there be
consideration in regard to an amendment to the City's Comprehensive Plan to
develop a comprehensive approach to youth program delivery. Council Members
commended the Youth Council for partnering with Hollins University and formation
of the Youth Academy.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
.-.." ,.....,
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360
REPORTS OF COMMITTEES:
BUDGET -SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of the following funds, was before Council.
$57,008.00 from the Capital Maintenance and Equipment
Replacement Fund for school bus route management
software and replacement of school buses.
$2,100,000.00 for Lincoln Terrace improvements.
Funding will be utilized from Literary funds and
Qualified Zone Academy Bond funds.
A report of the Director of Finance recommending that Council concur in
the request of the School Board, was also before the body.
Mr. Dowe offered the following budget ordinance:
(#36346-051903) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School and School Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 312.)
Mr. Dowe moved the adoption of Ordinance No. 36346-051903. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor Sm ith --------------------------------------------------------------------------------7.
. NAY!;: NClI1E1----------------------------------------------------------------------------------------0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
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361
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
FIRE DEPARTMENT-ACTS OF ACKNOWLEDGMENT-EMERGENCY MEDICAL
SERVICES: Council Member Dowe advised that he recently participated in a
Fire/EMS "ride along" to observe Fire/EMS operations on a personal level;
whereupon, he commended and expressed appreciation to staff of the Fire/EMS
Department on the service they render to the citizens of Roanoke on a daily basis.
ACTS OF ACKNOWLEDGMENT-NEWSPAPERS-SCHOOLS: Council Member
Cutler called attention to a newspaper article which was published in the Monday,
May 19, 2003 edition of The Roanoke Times; whereupon, he commended William
Fleming High School on academics and classroom achievement.
ACTS OF ACKNOWLEDGMENT -COMMITTEES-SISTER CITIES-LOCAL
COLORS: Council Member Cutler commended the efforts of Ms. Pearl F.u in
connection with another successful Local Colors Festival on Sunday, May 18, 2003.
SEWERS AND STORM DRAINS-WATER RESOURCES: Council Member Cutler
called attention to the need to expedite construction of storm sewer drains through
creation of a storm water utility fee to fund construction and inclusion of flood
control among future responsibilities of the regional water authority.
WATER RESOURCES: Council Member Cutler called attention to a public
meeting on development of Tinker Creek Watershed Bacteria Total Maximum Daily
Load Rules Affecting Glade Creek, Lick Run, Layman Creek, and Carvin Creek on
June 24, 2003, at 7:00 p.m., in Babcock Auditorium at Hollins University.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
No citizens requested to be heard.
CITY MANAGER COMMENTS:
ACTS OF ACKNOWLEDGMENT-BUSINESS INCUBATORS: The City Manager
commended Soft Solutions, a graduate of the Small Business Incubator in Wasena,
which was recently named the 2003 Outstanding Incubator Graduate in the
technology category at the National Business Incubation Association International
Conference on Business Incubation in Richmond, Virginia.
. ..- ~ >
362
CITY EMPLOYEES-ROANOKE CIVIC CENTER: The City Manager announced
that Wilhemina Boyd will assume the position of Director of Civic Facilities, effective
May 28, 2003.
At 4:05 p.m., the Mayor declared the meeting in recess for two Closed
Sessions.
At 6:45 p.m., the meeting reconvened in the City Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, except Vice-Mayor
Harris.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Dowe
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick,
C111c1 ftnCllfClr l)rnitll-------------------------------------------------------------------------------------------6.
NAYS: NClnEl----------------------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
BU DGET -COMMITTEES-CITY COU NCIL-LEGISLA TION -PERSONN EL
DEPARTMENT-CONVENTION AND VISITORS BUREAU-FIFTH PLANNING DISTRICT
COMMISSION-AUDIT COMMITTEE-WAR MEMORIAL-FIRST CITIES COALlTIOi": In
view ofthe resignation of Council Member William H. Carder, effective May 16, 2003,
by consensus of Council, the following committee assignments were approved:
Council Member Beverlv T. FitzDatrick. Jr.:
Budget and Planning Committee
Audit Committee
Legislative Committee
Personnel Committee
Roanoke Valley Convention and Visitors Bureau, Board of
Directors (Council Member Wyatt will serve as alternate
representative.)
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363
. Vice-Mayor Harris will Chair the Budget and Planning
Committee
. Council Member Bestpitch will Chair the Legislative
Committee
. Council Member Dowe will Chairthe Personnel Committee
. The Mayor will fill the unexpired term of William H. Carder
as a member of the Roanoke Valley-Alleghany Regional
Commission, ending June 30, 2003. (The term of office will
commence July 1, 2003 - June 30, 2006.)
. Council Member Bestpitch will replace Mr. Carder on
Virginia's First Coalition of Cities (Council Member
Fitzpatrick will serve as alternate representative.)
. Vice-Mayor Harris will replace Mr. Carder on the War
Memorial Committee.
COMMITTEES-YOUTH-OATHS OF OFFICE: The Mayor advised that the terms
of office of F. B. Webster Day, Cheryl D. Evans and Ashley Johnson as members of
the Youth Services Citizen Board will expire on May 31,2003; Mr. Day has declined
to serve another term; whereupon, he opened the floor for nominations to fill the
vacancies.
Mr. Fitzpatrick placed in nomination the names of Cheryl D. Evans, Ashley
Johnson, and Richard Clemmer, Jr.
There being no further nominations, Ms. Evans, Ms. Johnson and Mr. Clemmer
were reappointed/appointed as members of the Youth Services Citizen Board, for
terms ending May 31, 2003, by the following vote:
FOR MS. EVANS, MS. JOHNSON AND MR. CLEMMER: Council Members
Bestpitch, Cutler, Dowe, Fitzpatrick and Mayor Smith----------------------------------------5.
(Vice-Mayor Harris was absent.)(Council Member Wyatt was out of the Council
Chamber when the vote was recorded.)
At 6:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the
City Council Chamber.
At 7:00 p.m., on Monday, May 19, 2003, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
....,~, T,""" """ ..
,...~....,,_.-'.......
364
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, M. Rupert
Cutler, Alfred T. Dowe, Jr., BeverlyT. Fitzpatrick, Jr., and Mayor Ralph K. Smith------6.
ABSENT: Vice-MayorC. Nelson Harris-m--------------------------------------1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Council Member Dowe.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENTS: The Mayor advised that "Shining Star"
awards are presented to persons who go above and beyond the call of duty to be of
service to their fellow man and woman and to their community. He stated that on
behalf of the Members of Council, he was pleased to present two "Shining Star"
awards.
The Mayor advised that the first award is presented to the Patrick Henry High
School Emergency Response Team, composed of Amy Barger, Andrew Ferring,
David Fifer, John Kaylor and faculty advisor, SRO Ray Lewis. He stated that the
team provides Immediate stabilization of medical and trauma emergencies on the
campus of Patrick Henry High School and members are certified Commonwealth of
Virginia Emergency Medical Technicians; they provide standby coverage for
selected school functions such as football games, pep rallies, and assemblies, and
they also serve as volunteers throughout the Roanoke Valley. He commended the
above named persons who make a difference when seconds count.
The Mayor further advised that a second "Shining Star" award is presented
to Mr. Eugene E. Samuels, an employee of the City in the Department of Utilities.
He stated that recently, Detective Kyle Williams observed an individual on the
Wasena Bridge who was visibly despondent and appeared to be contemplating
jumping from the bridge; as the detective was waiting for support from another
officer, Mr. Samuels was driving across the bridge and noticed the man sitting on
the wall of the bridge; Mr. Samuels stopped his vehicle to render assistance, but
before he got too close to the suicidal man, the detective directed Mr. Samuels not
~.,~.......,.
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365
to approach, at which time he got back in his vehicle and parked at a safe distance
from the scene, where he got out and watched the situation begin to unfold. He
advised that at that moment, the man lowered himselffrom the wall ofthe bridge to
the narrow lip on the outside and leaned out in preparation to jump; recognizing the
immediate danger, both Detective Williams and Mr. Samuels ran toward the man and
just as he was about to let go, they were able to pull him to safety. The Mayor stated
that while some people might have driven by and not paid attention to what was
going on, Mr. Samuels stopped and showed concern for a fellow citizen in his time
of need. "
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, May 19, 2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of Liberty Property Limited Partnership that a 0.186 acre
portion of right-of-way in the shoulder of Blue Hills Circle, N. E., be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 2, 2003 and Friday, May 9, 2003.
The City Planning Commission submitted a written report advising that the
petitioner requests closure and vacation of a portion of unimproved right-of-way to
add the land to an adjoining parcel; and the petitioner owns all of the adjoining
property to which this portion of right-of-way would be added.
The City Planning Commission recommended that Council approve the
request to vacate, discontinue and close the subject portion of right-of-way, subject
to certain conditions; and further recommended that the petitioner not be charged
a fee for the parcel of land.
Mr. Dowe offered the following ordinance:
(#36347-051903) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 67, page 314.)
....- .,'
366
Mr. Dowe moved the adoption of Ordinance No. 36347-051903. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36347-051903 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick and
Mayor Sm ith -----------------------------------------------------------------------------------------------6.
NAYl): N()I1El-------------------------------------------------------------------------------------0.
(Vice-Mayor Harris 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,
May 19, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City Planning Commission that property located within the southwest
quadrant ofthe City, identified as Official Tax Nos. 1330401 -1330403, inclusive, and
1330117, 1330118and 1330134, located on Denniston Avenue, Memorial Avenue and
Our Street, S. W., be rezoned from C-1, Office District, to CN, Neighborhood
Commercial District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 2, 2003 and Friday, May 9, 2003.
The City Planning Commission submitted a written report advising that the
owner of two properties fronting on Memorial Avenue, S. W. (Official Tax Nos.
1330117 and 1330118) approached City Planning staff with regard to rezoning the
properties from C-1, Office District, to CN, Neighborhood Commercial District; the
area represents the eastern edge ofthe Grandin Village business area; and City staff
identified several adjacent C-1 properties (Official Tax Nos. 1330134, 1330401,
1330402, and 1330403) which are similarly situated and recommended that all
parcels be included in a rezoning initiated by the City Planning Commission.
The City Planning Commission recommended that Council approve the
request for rezoning, which is supported by and consistent with the Comprehensive
Plan in that it will encourage development that is appropriate for the village center.
."~,_...
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367
Mr. Dowe offered the following ordinance:
(#36348-051903) AN ORDINANCE to amend fi36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 316.)
Mr. Dowe moved the adoption of Ordinance No. 36348-051903. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36347-051903 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick, Harris
and Mayor S m ith--------------------------------------------------------------------------------------------6.
NAYl): NClI1El-----------------------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES: Pursuant to
instructions by Council, the City Clerk having advertised a public hearing for
Monday, May 19, 2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to a proposal of the City of Roanoke to enter into an option, or
sale agreement, for the sale of 18.437 acres of City-owned property, identified as
New Tract F, located in the Roanoke Centre for Industry and Technology for
commercial purposes, the matter was before the body.
Legal advertisement of the public hearing was published in ThEl Roanoke
Times on Saturday, May 10, 2003.
The City Manager submitted a communication advising that staff of the City
of Roanoke Department of Economic Development has been negotiating with a
potential buyer for the purchase of New Tract F, Official Tax No. 7230105, at thEl
....,...~...."......<.,.
--.
368
Roanoke Centre for Industry and Technology (RCIT); in order to option or sell
property, a public hearing is required under the Code of Virginia, which has been
scheduled for May 19, 2003, and an Option Agreement has been finalized for
Council's approval.
The City Manager recommended, following the public hearing, that she be
authorized to execute an Option Agreement, and to take such further action and to
execute such other documents as may be required to implement sale ofthe property.
Mr. Fitzpatrick offered the following ordinance:
(#36349-051903) AN ORDINANCE authorizing the execution of an Option
Agreement with Roanoke Development, LLC, for the option to purchase a parcel of
land known as New Tract F and consisting of approximately 18.437 acres in the
Roanoke Centre for Industry and Technology ("RCIT"), upon certain terms and
conditions; authorizing the City Manager to take such further action and execute
such other documents as may be required in connection with such Option
Agreement; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 318.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36349-051903. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., requested that Council consider minority hiring practices of SEMCO Inc. of
Virginia, and determine if SEMCO is the type of employer that the City of Roanoke
wishes to transact business with.
Mr. Herman Carter, 2910 Clifton Street, N. W., expressed concern with regard
to hiring practices of SEMCO Inc. of Virginia and Sheet Metal Workers Local 100. He
asked that the City of Roanoke request a Federal investigation of SEMCO and Local
100.
Upon question, the City Manager advised that an investigation of employment
practices would be more appropriately addressed by a Federal agency; whereupon,
Mr. Fitzpatrick suggested that the City Manager contact SEMCO to advise of
community concerns.
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369
There being no further speakers, the Mayor declared the public he"[ing
closed.
There being no further discussion by Council, Ordinance No. 36349-051903
was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick and
Mayor Sm ith ------------------------------------------------------------------------------------------------6.
NAY!): NClI1El-----------------------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
The City Manager submitted a communication advising that the Industrial
Development Authority of the City of Roanoke approved a resolution for IDA bond
financing on April 9, 2003, in an amount not to exceed $6,000,000.00 for WEL SA I,
LLC, or another limited liability company to be formed by the principals thereof; and
the City's Economic Development staff has negotiated with Roanoke Development,
LLC, for an Option Agreement for purchase of New Tract F in the Roanoke Centre for
Industry and Technology to build a new facility at RCIT for lease to SEMCO
Incorporated of Virginia for manufacturing purposes.
The City Manager recommended that Council approve issuance of Industrial
Development Bonds by the Industrial Development Authority, not to exceed
$6,000,000.00, and authorize the City Manager to take such action as is referenced
in a proposed resolution.
Mr. Dowe offered the following resolution:
(#36350-051903) A RESOLUTION approving the issuance of up to
$6,000,000.00 in Revenue Bonds of the Industrial Development Authority of the City
of Roanoke, Virginia (the "Authority") at the request of WELBA I, LLC, or another
limited liability company to be formed by the principals thereof ("Borrower"), to
assist in the financing of the acquisition, construction and equipping of a facility
consisting of approximately 1 04,400 square feet to be leased to Semco Incorporated,
and to be used for the manufacture of ductwork ("Project") which will be located on
New Tract F in the Roanoke Centre for Industry and Technology (the "Centre"),
which approval is required by fi147(f) of the Internal Revenue Code of 1986, as
amended, and fi15.2-4906 of the Code of Virginia (1950), as amended.
(For full text of Resolution, see Resolution Book No. 67, page 319.)
. ".-
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370
Mr. Dowe moved the adoption of Resolution No. 36350-051903. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick and
Mayor Sm ith -----------------------------------------------------------------------------------------------6.
NAYS: None----------------
------------------------------.----------------------------0.
(Vice-Mayor Harris was absent.)
CITY CODE-ANIMALS/lNSECTS: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a pLlblic
hearing for Monday, May 19, 2003, at 7:00 p.m., or as soon thereafter as the matter
may be heard, with regard to an amendment of Chapter 36.1, Zonina. Code of the
City of Roanoke (1979), as amended, Section 36.1-228, SDecial exceDtion uses, to
include veterinary clinics with no outside corrals and pens, the matter was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 2, 2003 and Friday, May 9, 2003.
The City Planning Commission submitted a written report advising that the
petition was initiated pursuant to Resolution No. 36259-030303, adopted by Council
on March 3, 2003, authorizing the City Manager to initiate an amendment of the
zoning ordinance to provide for establishment of veterinary clinics as a special
exception use in the C-3, Central Business District.
The City Planning Commission recommended that Council approve the
proposed text amendment.
Mr. Fitzpatrick offered the following ordinance:
(#36351-051903) AN ORDINANCE amending and reordaining S36.1-228, SDecial
exceDtion uses, Article III, District Regulations, Division 3, Commercial District
Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, by adding subsection (6) to provide for the establishment of veterinary
clinics with no outside pens or corrals as a special exception use in the C-3, Central
Business District; and dispensing with the second reading by title ofthis ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 321.)
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Mr. Fitzpatrick moved the adoption of Ordinance No. 36351-051903. The
motion was seconded by Mr. Dowe.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36347-051903 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Cutler, Dowe, Fitzpatrick and
Mayor Sm ith -------------------------------------------------------------------------------------------- ,---6.
NAYS: NOIlEl-----------------------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT-ZONING: Pursuant
to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City
Clerk having advertised a public hearing for Monday, May 19, 2003, at 7:00 p.m., or
as soon thereafter as the matter may be heard, with regard to proposed amendments
to the Zoning Ordinance to better define and differentiate between certain
interrelated land use activities that involve towing services, wrecker services, new
and used motor vehicle sales and service and a new and used commercial motor
vehicle sales and service, the matter was before the body.
Legal advertisement of the public hearing was published in The ROil'loke
Times on Friday, May 2, 2003 and Friday, May 9, 2003.
The City Planning Commission submitted a written report advising that the
text amendments have been initiated to better define and differentiate between
certain interrelated land use activities that involve towing services, wrecker services,
new and used motor vehicle sales and service, and new and used commercial motor
vehicle sales and service; a 1999 court decision delineated the ineffectiveness of
enforcement of the zoning ordinance with respect to the current definition of a "tow
truck operation" in regard to salvaging and continuous outdoor storage of
inoperable motor vehicles; various aspects of the text amendments have been the
subject of public discussion since August, 2001; and different versions of a text
amendment have been presented to the City Planning Commission on two prior
occasions.
......, .,...'......,. ,. '.'--"--'.'"
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372
It was further advised that after the recommendation of approval by the
Planning Commission in November, 2001, opposition by local towing contractors
associated with the City's Towing Advisory Board resulted in the City Planning
Commission requesting that the matter be referred back to staff and to the Towing
Advisory Board for further study; and the matter was tabled again by the Planning
Commission in April, 2002:
Considerations - Towina services and wrecker services:
The proposed amendments more clearly define towing operations by
providing two new ciassifications, namely "towing service" and
"wrecker service;" these classifications include specific activities
permitted with respect to towing and disposition of operable or
inoperable motor vehicles; in addition to providing recovery, removal,
and storage activities for inoperable or damaged motor vehicles, the
proposed definition of a "wrecker service" includes the dismantling,
demolition, repair, salvage, or sale of inoperable or damaged motor
vehicles or parts; a "towing service" does not include those activities.
The proposed amendments regulate "towing services" and "wrecker
services" as follows:
"Towing services" are permitted by right in the C-2, LM,
and HM Districts. (Note: The current ordinance permits
"tow truck operations", as defined by the current
ordinance, by special exception in the LM and HM
Districts.)
"Wrecker services" are permitted by special exception in
the LM and HM Districts. (Note: The current ordinance
permits by special exception "tow truck operations" with
certain standards and "wrecking, salvage and recycling
yards" in the HM District; the proposed text amendment
will provide for a combination of "wrecker service" and
"wrecking, salvaging and junk yards" under one special
exception use provision.)
. Any parts removed from a damaged or inoperative
motor vehicle as part of the salvage operations of a
"wrecker service" are required to be stored within
a wholly enclosed building.
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373
For both "towing services" and "wrecker services":
. A minimum lot area of 20,000 square feet is
required.
. Storage areas for damaged and inoperable vehicles
are required to be screened from view from
adjacent properties and public streets;
. Outdoor storage of damaged and inoperable
vehicles is limited to a period not to exceed 120
calendar days, except for certain circumstances set
forth in the proposed amendment. (Note: The
current ordinance limits such storage to 45
business days.)
Considerations - Motor vehicle sales and service:
The proposed amendments provide definitions for "new commercial
motor vehicle sales and service establishment," "used commercial
motor vehicle sales and service establishment," "new motor vehicle
sales and service establishment," and "used motor vehicle sales and
service establishment", and provide for such uses as follows:
"New commercial motor vehicle sales and service
establishments" are permitted by right in the LM District,
provided the lot contains a minimum of 20,000 square feet.
(Note: Under the current ordinance, the sale or rental of
"automobiles, trucks, and construction equipment" is
permitted by right in the C-2 District, with a minimum lot
area of 20,000 square feet, while the "sale or rental of
trucks and construction equipment" is permitted by
special exception in the LM District.)
"Used commercial motor vehicle sales and service
establishments" are permitted by special exception in the
LM District.
"Commercial motor vehicle repair" is permitted in the LM
District, provided that all such repair activities are in a
wholly enclosed building.
, ,,-,
. ".-,,"-.- --.
374
"New motor vehicle sales and service establishments" are
permitted by right in the C-2 District provided the lot area
contains a minimum of 40,000 square feet, and by special
exception in the C-3, Central Business District. (Note:
Under the current ordinance, "the sale or rental of
automobiles, trucks, and construction equipment" is
permitted by right in the C-2 District with a minimum lot
area of 20,000 square feet, and by special exception in the
C-2 where the lot area is less than 20,000 square feet.)
"Used motor vehicle sales and service establishments,"
are permitted by right in the C-2 District with a minimum
lot area of 10,000 square feet. (Note: Under the current
ordinance, there is no differentiation between a "new" and
"used" "motor vehicle establishment and therefore used
motor vehicle sales and service is permitted by right in the
C-2 with a lot area of at least 20,000 square feet or by
special exception with a lot area of less than 20,000
square feet.)
Considerations - General service establishments:
The proposed text amendments address the permitted locations of
"general service establishments." In this proposal, "general service
establishments" would be permitted as follows:
Permitted by right in C-2, General Commercial District: If
primarily engaged in repair or maintenance of automobiles
or trailers, must be in a wholly enclosed building and can
sell up to five repaired or rebuilt automobiles or trailers
within one calendar year.
Permitted by right in C-3, Central Business District:
Cannot repair automobiles or trailers.
Permitted by right in LM, Light Manufacturing District: If
primarily engaged in repair or maintenance of automobiles
or trailers, must be in a wholly enclosed building.
Permitted by right in HM, Heavy Manufacturing District: If
primarily engaged in repair or maintenance of automobiles
or trailers, must be in a wholly enclosed building.
,.,,~.........
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375
Considerations - ParkinQ of commercial motor vehicles in residential districts:
By adding the definition of a "commercial motor vehicle," the proposed
amendments revise the impact of the section providing for the
regulation of the parking of commercial motor vehicles in a residential
district; the change is tied to the proposed definition of a "commercial
motor vehicle" and prohibits the parking of such vehicles in residential
districts; for consistency, City Council will also be considering an
amendment to t20-71 of the City Code regarding the definition of a
commercial motor vehicle and the regulation of the parking of such
vehicles on public streets in residential districts.
Other Considerations:
Since the initial proposal, amendments have undergone a series of
revisions to address concerns of the Towing Advisory Board and
various motor vehicle dealerships, including an appropriate timetable
for the storage of inoperable vehicles, flexibility in the permitted
locations for general towing operations, and properly addressing the
nature of motor vehicle businesses and how they operate. The
proposed text amendments provide for:
The storage of inoperable vehicles up to 120 days (an
increase from the 45 days of the current ordinance and
the initially proposed 90 day limit);
"Towing services" permitted by right in the C-2, LM, and
HM Districts compared to the current ordinance that
permits "tow truck operations" only by special exception
in the LM District; and
Well-defined distinctions between the land use activities
of towing services, wrecker services, new motor vehicle
sales and service, used motor vehicle sales and service,
and new commercial vehicle sales and service, and used
commercial vehicle sales and service.
II.'" TT"
. '.".~..._- -~_. .. ,
376
Mr. Dowe offered the following ordinance:
"AN ORDINANCE amending and reordaining S36.1-25, Definitions; subsections
(26) and (37) of S36.1-206, Permitted uses; subsection (26) of S36.1-227, Perm itted
uses; subsection (3) of S36.1-228, Special exception uses; subsection (24) of S36.1-
249, Permitted uses; subsection (11) of S36.1-270, Permitted uses; subsection (5) of
S36.1-271, Special exception uses; S36.1-206, S36.1-207, and S36.1-250, by deleting
certain uses as permitted uses or uses by special exception; and S36.1-435, Parking
of commercial vehicles, and adding new subsections (50) and (51) of S36.1-206,
Permitted uses; subsections (28), (29) and (30) of S36.1-249, Permitted uses;
subsections (5) and (9) of S36.1-250, Special exception uses; subsections (12) and
(13) of S36.1-270, Permitted uses; and subsection (3) of S36.1-435, Parking of
commercial vehicles, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended; and dispensing with the second reading by title of this
ordinance."
Mr. Dowe moved adoption ofthe above referenced ordinance. The motion was
seconded by Mr. Cutler.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, the following persons addressed Council.
Mr. Leo Trener, 543 Petty Avenue, N. E., expressed concern that he received
no prior notification that the proposed ordinance was to be considered by Council
this evening. He stated that the report of the City Planning Commission states that
five vehicles may be sold within one year, but makes no reference to a motor vehicle
dealer's license; however, State Code provisions specifically require that in order
to sell or allow the display of five or more vehicles within one year, a dealers license
must be obtained. Therefore, he noted that the City's proposed ordinance is 1'I0t in
conformance with State Code provisions. He called attention to enforcement issues
regarding unlicensed for sale vehicles that are parked on shopping center lots
throughout the City. He requested that Council delay action on the recommendation
ofthe City Planning Commission for approximately 60 days, notify property owners,
and allow for citizen input and fine tuning of the proposed regulations before they
are enacted by Council.
Ms. Susan Brazell, 451 Hope Road, S. W., Administrator, Virginia Association
of Towing and Recovery Operators (VATRO), advised that VATRO works in
conjunction with approximately 125 towing companies throughout the
Commonwealth of Virginia to promote the professionalism of the towing and
..,~'.........
""'-"~-'
"h '........ '-.. '..,
377
recovery industry. She explained thatthe State Code addresses scrap metal dealers,
etc., and includes repair facilities in the category with scrap, and salvage
companies; however, repair facilities are quite different. She stated that another
issue of concern relates to incident response time and when tow trucks are
prohibited from parking in residential areas, the response time of 20 minutes in
order to be included on the City's call list will drop due to the amount of time
involved for the tow truck operator to return to his business and drive to the scene
ofthe incident. She explained that the Federal Highway Administration has awarded
$150,000.00 to the towing industry to develop an incident management guidebook
for towers; therefore, for the above stated reasons, she requested that Council delay
the vote on the proposed ordinance pending further study and input by all affected
parties.
Mr. TommyWoods, 1749 Granby Street, N. E., representing Woods Towing and
Recovery and Tanglewood Towing and Recovery, advised that the proposed
regulations restricting the parking oftow trucks in residential neighborhoods are so
restrictive that tow company operators will choose not to live in the City of Roanoke
because the 20 minute response time in order to be included on the Police
Department's tow list cannot be met. He called attention to emergency situations
when it is imperative that a tow truck arrive at the scene of an incident as
expeditiously as possible.
Mr. Mike Ferguson, 725 13th Street, S. W., requested that action on the
proposed ordinance be delayed, that affected parties be notified of the proposed
changes, and encouraged the City to notify citizens of proposed changes before they
are enacted by Council to allow for public input. He explained that the proposed
revisions will affect not only the present generation of tow truck operators, but
future generations as well; therefore, the matter justifies more study before the
proposed regulations are approved by Council.
There being no further speakers, the Mayor declared the public hearing
closed.
With regard to addressing the 20 minute or less response time, Mr. Bestpitch
questioned whether alternative procedures were suggested for meeting the required
response time; whereupon, Brian Townsend, Agent to the City Planning
Commission, advised that the Planning Commission did not reach that level of
discussion because the matter only becomes an issue during non-business hours,
and during the work day, it was the Planning Commission's presumption that tow
truck operators will operate from their place of business or on call by radio.
. ..., .,., .."--,'^
. ~.._~, '-'- - -"
378
There was discussion with regard to notification of affected parties;
whereupon, Mr. Townsend advised thaUhe matter has been under consideration and
discussion for the past 18 months, and representatives of the towing industry were
given the opportunity to Identify and address areas of concern.
There was discussion with regard to previous comments by Mr. Leo Trener
that State Code provisions require that a dealer's license must be obtained in order
to sell for profit five or more vehicles within one year; whereupon, Evelyn D. Dorsey,
Zoning Administrator, advised that according to information received from the Motor
Vehicle Dealer Board in Richmond, up to five vehicles may be sold within one
calendar year without having to be licensed as a dealer.
Following further discussion, the City Attorney reviewed Title 46.2, Code of
Virginia (1950), as amended, which, among other things, provides that any person
who offers to sell, sells, displays or permits the display for sale offive or more motor
vehicles within any 12 month period must obtain a dealers license.
Ms. Wyatt offered a substitute motion that action on the proposed ordinance
be tabled, and that the matter be referred back to the City Planning Commission for
further study, report and recommendation to Council, in order to provide an
opportunity for input by all affected parties. The motion was seconded by Mr.
Fitzpatrick and adopted.
Mr. Fitzpatrick stated that there is a difference when residents complain about
commercial vehicles parking in residential neighborhoods, as opposed to tow
trucks. He stated that because the Police Department has required a 20 minute
response time for towers to be included on the City's towing list, there should be an
appropriate compromise. Also, in the salvage and wrecking business, he stated that
owners must take responsibility relating to the condition of their property.
In order to generate wide spread notification of the proposed amendments,
Mr. Bestpitch requested that all persons in a related business who were present in
the Council Chamber and those persons watching the proceedings on RVTV
Channel 3, contact at least three other persons who are in the same business.
A communication from the City Manager recommending adoption of an
ordinance amending Section 20-71 of the City Code pertaining to the regulation of
on-street or alley parking of commercial motor vehicles in residential districts, was
tabled pending determination of the definition of commercial vehicle.
*...................
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379
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for response, report and
recommendation to Council.
COMPLAINTS-HOUSING/AUTHORITY: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., addressed Council as a member of the Lincoln Congress, which represents
numerous residents of Lincoln Village. She reiterated previous concerns of
residents regarding the need for installation of screen doors on their housing units
which will result in improved health and safety.
Ms. Bessie Bond, 1933 Gayle Street, N. W., advised that the residents of
Lincoln Terrace need screen doors on their housing units for health and safety
reasons.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., a member of the Lincoln
Congress, spoke in support of the request of the two previous speakers. She called
attention to special concerns regarding the elderly and disabled and referred to
faulty construction at Lincoln Terrace, some units have only one entrance or exit,
which is a fire hazard, and the Roanoke Redevelopment and Housing Authority has
not responded satisfactorily to their concerns. She asked that Council work in
concert with the City Manager and the Executive Director of the Housing Authority
to address valid issues of concern, and that Council visit the area and talk with
residents regarding their concerns.
SCHOOLS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., called attention to
the need for School Resource Officers at William Fleming and Patrick Henry High
Schools.
Mr. David Fifer, 3738 Heritage Road, S. W., advised that the Roanoke City
School Board is currently considering eliminating a School Resource Officer
position at both William Fleming and Patrick Henry High Schools, thus reducing the
number of officers assigned to each school from three to two. He stated that should
the School Board follow through with the decision, it would be to the severe
detriment of school safety, security, and police community relations; and School
Resource Officers are more than peace officers, they are faculty advisors, coaches,
counselors, mentors, teachers, friends and role models, and their presence in the
schools puts a personal face on law enforcement. He advised that the Patrick Henry
High School Emergency Response Team has responded to approximately 35 calls
for service this school year alone and the team would not exist if it were not for the
-." ......., -,.. .,,,.,...
.-., ..--.........T
380
involvement of School Resource Officers, who are professionals trained specifically
to identify opportunities for safer learning environments. He added that for some
persons to state that schools are safe and police presence is unnecessary is an
irresponsible attempt to paint a certain picture of Roanoke's school system that is,
at the very least, naive. He advised that School Resource Officers are the only
persons who come to the job every day with the knowledge and the tools to counter
the very real and easily identifiable threats found in today's schools. In conclusion,
he stated that School Resource Officers not only protect lives and ensure safety, but
demonstrate to many students that Police Officers are a friend to those in need. He
requested that Council work with the School Board and the Superintendent of
Schools to ensure that the City of Roanoke does not take a backwards step on the
road to a safer tomorrow.
CITY CODE-SEWERS AND STORM DRAINS-BUDGET -COMPLAINTS-
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY: Ms. Eleanor Casey, 5220
Shamrock Road, N. W., addressed Council in connection with a house that was
moved to the Shamrock Road area approximately one year ago. She inquired as to
actions, if any, the City can take to provide Input with regard to changing State laws
governing the authorization of building permit extensions every six months for an
indefinite period of time; and what entity has jurisdiction over site regulation during
the construction process.
Ms. Gloria Dowe, 3702 High Acres Road, N. W., also addressed issues
regarding a house that was moved to the Shamrock Road area. She inquired as to
when does a structure being transported on steel beams to a site that is not
supported by steel beams cease to be a conventional mobile manufactured home;
and do zoning regulations currently exist that would prohibit the location of a mobile
home in a residential neighborhood. She called attention to the need for sidewalk,
curb and gutter in the Westside area of the City.
Council Member Bestpitch responded to the remarks of Ms. Casey and Ms.
Dowe, and advised that the Legislative Committee will look to the City Manager for
recommendations for inclusion in the City's 2004 Legislative Program, that will
address their concerns.
COMPLAINTS: Mr. Robert Gravely, 3360 Hershberger Road, N. W., expre.iised
concern that the City of Roanoke supports the needs of business over the needs of
its citizens; the City's ageing infrastructure; and the City is losing revenue because
all sales and real estate taxes are not being properly collected.
..,,~....'...
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381
COUNCIL-WATER RESOURCES: Council Member Dowe requested that the
City Manager investigate standing water at the corner of Andrews Road and 19th
Street, N. W., and Wellsley Avenue and Abbott Street, N. W.
COUNCIL-WATER RESOURCES: Council Member Wyatt requested that the
City Manager investigate standing water in the area of the Lynchburg Turnpike.
COUNCIL-STREETS AND ALLEYS: Council Member Fitzpatrick called attention
to pot holes in the City's streets and encouraged City employees to identify those
areas of the City as they go about their daily tasks, with the goal of repairing pot
holes on a temporary basis, pending the City's annual street paving program.
There being no further business, at 9:05 p.m., the Mayor declared the meeting
adjourned.
APPROVED
Ralph K. Smith
Mayor
ATTEST: I) I?
r'r1 DM, 7. r ~.J..,(,-
Mary F. Parker
City Clerk
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382
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
June 2, 2003
9:00 a.m.
The Council ofthe City of Roanoke met in regular session on Monday, June 2,
2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193-010603 adopted on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday in
each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, BeverlyT.
Fitzpatrick, Jr., and Mayor Ralph K. Smith --------------------------------------------------------4.
ABSENT: Council Members Alfred T. Dowe, Jr., Linda F. Wyatt and Vice-Mayor
C. Nelson Harris---------------------------------------------------------3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Ciosed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
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383
AYES: Council Members Bestpitch, Cutler, Fitzpatrick and Mayor Smith-------4.
NAYS: None------------------------------------------
o.
(Council Members Dowe and Wyatt were not present when the vote was
recorded.) (Vice-Mayor Harris was absent.)
ACTS OF ACKNOWLEDGMENT -CITY COUNCIL: A communication from Mayor
Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss a
special award, being the Shining Star Award, pursuant to Section 2.2-3711 (A)(1 0),
Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick and Mayor Smith--------4.
NAY!): NClIlEl---------------------------------------------------
-0.
(Council Members Dowe and Wyatt were not present when the vote was
recorded.) (Vice-Mayor Harris was absent.)
At 9:05 a.m., the Mayor declared the meeting in recess.
The Council meeting reconvened at 9:10 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith
presiding, and all Members of the Council in attendance, with the exception of
Vice-Mayor Harris.
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET:
Mr. Bestpitch inquired about agenda item 6.b.2., which is a report of the
Director of Finance recommending authorization for refunding Series 1994 and 1999
General Obligation Bonds. The Director of Finance responded that certain firms
in the Commonwealth of Virginia serve as both financial advisors and bond
..~ TT'
384
underwriters, and it has been suggested that it would be in the City's best interest
to refund the bonds though local sale if possible, and local companies will have an
opportunity to purchase the bonds from the underwriter.
Mr. Cutler referred to agenda item 5.a.4., in connection with a revision to the
City Code regarding false fire alarms, and inquired as to how the matter is addressed
by other localities outside of the Roanoke Valley.
The City Manager advised that it is standard procedure for urban communities
to require registration, as well as fines for multiple alarms. She called attention to
the amount of time spent by City staff responding to a false alarm and the number
of hours involved in manning a location until a responsible agent of the owner
arrives on the scene to reset the alarm, or to take responsibility, which is also time
that fire companies and police officers are not available to respond to other kinds
of activity. She stated that it is intended to engage in an exhaustive education
process, through significant public advertisements, and the recommendation
represents another way to better manage existing City resources.
The Mayor inquired as to how much additional revenue will be generated to
the City as a result of the registration fee, and if there should be an off setting
reduction to affected parties; whereupon, the City Manager advised that the fine is
recommended with the goal of encouraging persons to maintain their alarm
systems, in order to prevent multiple false alarms in any given year; and since the
program is not recommended to be implemented until January, 2004, revenues from
registration fees and service charges were not included as a component to
balancing the fiscal year 2004 budget. She stated that it is anticipated that there will
be a better understanding of funds to be generated in fiscal year 2005.
Mr. Fitzpatrick called attention to the number of fire calls from Carilion
Roanoke Memorial Hospital, and taking into consideration the amount of manpower
expense on the City's part, the City Manager's recommendation Is a minimum of
what should be done, because there should be responsibility on both sides. He
called attention to the value of E-911, because prior to installation, at least 50 per
cent of persons reporting emergency situations provided an incorrect address,
therefore, 911 has decreased the City's costs.
Mr. Bestpitch spoke in support of tracking the number of false alarms after
January 1, 2004, so that the City will know if it is dealing with a fairly widespread
problem, or a small number of people who tend to pay the fee and continue to create
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385
the same problems. In that context, he referred to parking ticket violations and
those persons who are repeated offenders, and inquired if there is a way to increase
fines following receipt of a certain number of parking tickets on the basis of a
graduated scale.
The City Manager advised that the parking ticket violations issue has been
discussed; however, computerized access to previous violation information will be
necessary. She stated that the goal is to acquire hand held ticket writing systems
that will provide information on prior violations, with the capability of giving a
warning for the first incident and multiple violations would invoke higher fines. She
stated that another idea under consideration is to "boot" the vehicle after a certain
number of unpaid parking violations so that the vehicle could not be moved until
outstanding parking tickets are paid. She explained that various ideas are under
consideration by City staff in an effort to be both more user friendly to the casual
visitor to the downtown area, while sending a clear message to those persons who
receive citations on a regular basis. She advised that a system should be
implemented within the current calendar year, specifications have been drafted, and
systems currently exist in a number of other localities.
Mr. Cutler inquired if Council Members have questions in regard to agenda
item 5.b.; i.e.: support of rail alternatives to complement planned improvements to
1-81; whereupon, the Mayor expressed concern with regard to any derailment of
improvements to the 1-73 corridor.
The City Manager advised that recent information suggests that the Virginia
Department of Transportation is beginning to redirect certain funding from 1-73 to
improvements on Route 220, which have been identified by VDOT as necessary
improvements to certain dangerous sections of Route 220 that create grave
concerns, and will continue to create problems and concerns for local traffic,
regardless of what mayor may not happen at some point in the future for the 1-73
corridor. She stated that it may not be correct to say that improvements to 1-73 have
been derailed through the process, and those persons who live on and travel
Route 220 on a regular basis may benefit in the not too distant future.
Mr. Cutler, Council's liaison to the Roanoke Arts Commission, requested
clarification with regard to the master plan for local arts and cultural organizations
which could be funded through either a tax earmarked for an arts or cultural district,
or refund of a portion of the admissions tax. He also referred to discussions
regarding a public art plan as an addendum to the City's Comprehensive Plan to
address planning and provision of public art for the City of Roanoke.
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The City Manager advised that when Council met with the Roanoke Arts
Commission approximately one year ago, the Chairman and others stated that the
Arts Commission would like to produce an arts plan that would become a part of the
City's Comprehensive Plan; however, at that time, the Arts Commission made no
request for funding from the City. She stated that the Arts Commission should
present specific proposals with regard to both plans to the Council for
consideration.
Mr. Fitzpatrick spoke in regard to an arts district which could be voted on as
a referendum issue by the citizens to determine if they want State funding to be
used for arts and cultural purposes.
The City Manager responded that because the City of Roanoke is the urban
center of the region, it provides not only the arts and cultural attractions, but
oftentimes, has the burden of supporting those attractions that benefit the entire
community. She stated that the issue should become a regional agenda item, and
not solely a City of Roanoke agenda item, especially in view of challenges over the
past several years with State budget reductions. She added that when reviewing the
City's contributions, versus neighboring jurisdictions to cultural activities, it is unfair
for the issue to be initiated at the City Council level, and suggested that Council
Members encourage their Roanoke Valley counter parts at regional meetings to
discuss the issue.
BRIEFINGS:
City Market Handbook:
CITY MARKET HANDBOOK AND ORDINANCE: David Diaz, President,
Downtown Roanoke, Inc. ,introduced Helen Butler, Chair, Downtown Roanoke, Inc.;
Dennis Traubert, member of the Rules Committee; Mark Woods, a market vendor
and Chair of the Rules Committee and a fifth generation farmer on the Farmer's
Market; and Larry Black, Market Manager.
Mr. Diaz advised that Roanoke's City Market is special, not only because it is
located In the heart of downtown Roanoke, but also because of the variety of
goods that are sold on the market. He stated that Market challenges include the
ability to recruit new vendors, outdated management tools which will be addressed
in a proposed ordinance; and a need to improve communication with vendors, with
the challenge of retaining current vendors, while Increasing the number of
permanent vendors and attracting new vendors. In order to address challenges,
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he stated that meetings were held with vendors to obtain their input, a new Market
Manager was hired, and a Rules Committee was appointed which Is composed of
diverse members with various perspectives; the Rules Committee approved a draft
handbook and ordinance on April 15, 2003, which was mailed to all Market vendors
for comment, and the draft handbook was approved by the Executive Committee on
May 5 and the DRI Board on May 13, 2003. He highlighted proposed changes, i.e.:
a change In market boundaries by establishing the boundary at Jefferson Street; a
change in operating hours from mandatory to permissible, which will give the City
Manager more discretion and the power to change operating hours based on when
vendors are actually on the Market which is generally from 8 a.m. to 5 p.m.; the
importance of attendance by vendors Is stressed; authorizes the City Manager to
promulgate rules and regulations; implementation of shared permits by market
vendors; establishment of guidelines for artisans which Is intended to attract
vendors that sell quality crafts; a new parking policy for vendors; and revised fees
that will require approval by Council.
Ms. Wyatt called attention to the need to provide some type of incentive for the
small farmer to sell excess vegetables, etc., on the City Market on a regular basis.
She stated that sales by farmers are different from craft sales because the farmer
is dealing with perishable or seasonal items, as opposed to the crafts person who
can sell his or her wares on any given day.
Dr. Cutler raised a question with regard to coordinating relationships with the
Roanoke Valley Convention and Vistors Bureau (RVCVB), the City Market Building,
outdoor dining, Event Zone, Local Colors and arts shows, etc.; whereupon, Mr. Diaz
advised that information about the City Market is included in the RVCVB Downtown
Visitor's Guide; Downtown Roanoke, Inc., is represented on the Market Building
Task Force; and the City provides DRI with copies of Assembly Permits issued to
Event Zone and other organizations.
Dr. Cutler inquired if efforts have been made to recruit local vineyards to sell
grapes and non-alcoholic wines, etc., on the City Market; the number of minority
vendors currently operating on the City Market; and efforts if any, to protect prime
farm land and orchard land In surrounding localities.
Mr. Dowe Inquired if trends have been reviewed that might indicate that there
is a decrease in farming which, would also indicate a decrease In market usage.
Mr. Diaz responded that a strength of Roanoke's Market is that it provides a regional
draw.
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Mr. Cutler called attention to previous remarks of Mr. Mark Woods, a long time
market vendor, that the number of orchards In his locality has decreased from 13 to
two, and stated that an appropriate entity should work with the two orchard owners
to help keep them in business through a type of conservation easement that
provides for either a payment, or a tax benefit, which will, over the long term, benefit
Roanoke's City Market.
Mr. Diaz responded that from a regional perspective, extension agents from
Virginia Tech serve as liaison between food, government and individual farmers,
and Virginia Tech Extension Agents would be a good ally to work at the City and the
County levels to raise discussion among affected parties and the Western Virginia
Land Trust.
The City Manager advised that a proposed ordinance will be included on
Council's June 16, 2003 agenda for consideration.
Zonlna Ordinance UDdate:
The City Manager advised that considerable staff time has been and will be
spent on a Zoning Ordinance update; and on a monthly basis, City staff will provide
updates to enable Council to identify those areas that require significant time with
staff prior to the public hearing on the Zoning Ordinance revisions.
Brian Townsend, Director of Planning, Building and Development, advised that
a 20 person Zoning Ordinance Steering Committee was appointed to address
preliminary work leading up to the draft of the new Zoning Ordinance. He reviewed
the following draft sections that have been reviewed and discussed by the Ste<.!rlng
Committee, with examples of new regulatory concepts being considered and
evaluated.
Introduction: Purpose, Applicability, Consistency with Comprehensive
Plan, Rules of Construction, Severability
* Exemption of public utilities and railroad facilities
Zoning District Base Regulations
* Establishment of four rather than three single-family
residential districts, based on minimum lot sizes of
12,000,7,000,5,000 and 3,000 square feet
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* Establishment of a "Large Site Commercial District"
* Creation of overlay districts for the Blue Ridge Parkway
Corridor and Environmentally Sensitive Lands
Regulations for Specific Zoning Districts
* Development of a user-friendly Use Matrix
* Impact of churches permitted by right in residential
districts
* Regulation of commercial surface parking lots in
Downtown District
* Dimensional regulations that provide for:
Minimum and maximum front setbacks,
including maximum front setbacks that
preclude parking in front of buildings in
certain commercial districts. Elimination
of minimum lot sizes in certain districts
Supplemental Use Regulations
* Expanding requirements for cell towers including
setbacks, height, co-location and type
* Encouraging home occupations while respecting the
integrity of residential neighborhoods
Procedures
* A tiered approach to posting of signs as public notice of
rezoning petitions
* Deletion of two-acre or contiguous requirement as
condition of petition to rezone to certain districts
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390
* Procedure for revocation of special exceptions granted
by Board of Zoning Appeals
Development Standards
* Within the limits of State enabling legislation, develop
regulations to address the height and shielding of
outdoor lighting In each district to minimize light
spillover to adjacent properties and rights-of-way
* Restriction of driveways In terms of width and coverage
of front yard
* Requirements for surfacing of driveways (pervious and
Impervious surfaces)
* Special regulation of areas within a certain distance of
the Roanoke River and Its tributary streams to control
water quality
* Landscaping
Requirement of foundation planting as well as the
landscaping of the perimeters of parking lots
RegUlation of tree canopy in the interior of parking lots
rather than a percentage of surface landscaped areas
Inclusion of an acceptable plant species list
Tree canopy preservation requirements
Increase of street tree requirements In front yards
Varying sizes of buffer yards, with provisions for larger
buffer yards with all plantings or smaller buffer yards with
a combination of screening and plantings
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* Parking
Limiting impervious surfaces by establishing maximum
parking ratios based on a percentage of the minimum
number of spaces required
Nonconforming Uses
* Restricting the expansion of nonconformities while
recognizing the need for their repair and maintenance
in order to avoid blighting situations and problems with
lending institutions.
Administrative Boards. Commissions and Officials
During the month of June 2003:
* Steering Committee will discuss the following:
Definitions and Rules of Interpretation
Use Patterns
Signs
Method by which permitted sign surface area
is calculated
Separating the calculation of freestanding
and wall signage
Height considerations and types of signs
permitted in each district
Future Phases of the Project
* Compilation of a Public Review Document and Map
(July 2003)
Steering Committee review of all revised
sections of zoning ordinance drafts as a
"package"
Revisions and refinement of issues
submitted to consultant for inclusion in
public review document
Steering Committee review of zoning map
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392
* Public Review and Public Input Phase ( August-
September 2003) Public workshops throughout City
* Review of public review document by initial focus groups
Land use attorneys
Business interests; Real estate interests
Homebullders/contractors, development sector
Signs
Neighborhood Leaders
City staff, government boards and commissions
Preparation of public hearing document (October 2003)
Steering Committee review of public comment and
input
Determination of revisions to public review
document
Preparation of public hearing document (October
2003)
* Public hearing and adoption phase (November -
December, 2003)
Mr. Townsend addressed the issue of limiting the proliferation of surface
parking lots in downtown Roanoke, or more stringent development standards. He
stated that the Steering Committee has discussed the issue of commercial parking
lots in downtown that are not associated with specific buildings, whether such
construction would require a special exception, whether construction would be
permitted and if so, specific design standards.
Ms. Wyatt expressed concern with regard to the condition of certain existing
downtown parking lots, and inquired if they could be addressed through more
stringent development guidelines.
Mr. Townsend responded that current parking lots will be grandfathered and
will not be affected by proposed guidelines; however, as parking lots are
redeveloped, they will be governed by a set of standards that address paving and
landscaping.
Council Members Wyatt and Dowe discussed the issue of parking lots that are
over built and the need for minimum surface parking; however, they pointed out that
if the amount of surface parking Is extremely limited, there could be an impact on
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393
economic development. They inquired if the matter has been taken into
consideration by the Steering Committee and if input has been invited by local
realtors.
Mr. Townsend responded that the Steering Committee Is composed of
representatives from economic development points of view, architects and
engineers, etc., and various proposals are currently under consideration.
With regard to zoning-based district regulations and creation of overlay
districts, Mr. Cutler advised that at some time in the future, itwould be advantageous
to have a map illustrating the location of all drainages, creeks, rivers, etc.
Mr. Fitzpatrick inquired about the status of using utility poles for City slgnage
purposes; whereupon, Mr. Townsend advised that signs in public rights-of-way are
addressed under operational policies of the Public Works Department.
Dr. Cutler inquired if a reference will be made to underground utility lines In
the zoning ordinance update; whereupon, Mr. Townsend advised that the matter also
falls under activities within public rights-of-way, which would be outside of the
purview of the Zoning Ordinance, and is addressed under right-of-way management
issues.
Mr. Townsend advised that zoning maps are currently updated manually and
the Zoning Ordinance revision will be used as an opportunity to convert all hand
zoning maps to the GIS system; therefore, by the time the new zoning ordinance is
adopted, the City will have a computerized zoning layer that will be administered by
the City Planning Department. He stated that the process will allow for more
accuracy and during the public hearing phase, provide the ability to more quickly
make adjustments to zoning boundaries.
Mr. Cutler advised that he would like to serve on the Zoning Ordinance
Subcommittee to replace former Council Member William H. Carder
The City Manager advised that Council Members will receive a hands on
demonstration In July, 2003, with regard to accessing the GIS system using
personal laptop computers.
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394
When the Zoning Ordinance update is completed, Ms. Wyatt suggested that
the occasion be celebrated through special recognition of all persons who were
involved in the process.
Mr. Dowe suggested that the Steering Committee review the impact of cell
towers.
There was discussion with regard to the regulation of semi trailers, detached
from the wheels, which are used by restaurants and commercial establishments for
the supplemental storage of non-perishable Items.
The City Manager called attention to the importance of revisiting the
Comprehensive Plan, the Zoning Ordinance and the Zoning Map every five years, as
opposed to every 15-17 years, and to bring other matters to the attention of Council
as they arise so as to act In a proactive manner, as opposed to waiting until an
incident happens in the community and then engaging in damage control.
With regard to the towing ordinance, which was the subject of a Council
public hearing on May 19, 2003, the City Manager advised that the matter will be
heard by the City Planning Commission at an upcoming meeting, with further report
and recommendation to the Council.
Mr. Townsend advised that a public meeting will be held on Wednesday,
June 4, the matter will be considered by the City Planning Commission at its regular
meeting on June 19, 2003, with the goal of reporting back to the Council in July.
The Council meeting was declared In recess at 11 :35 a.m., for lunch, to be
followed by a meeting of the Audit Committee.
The Council meeting reconvened at 1 :00 p.m. In the Council's Conference
Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for
a continuation of the 9:00 a.m., work session. All Members of the Council were
present, except Vice-Mayor Harris, Mayor Smith presiding.
Fair Housina Ordinance:
The Assistant City Manager for Community Development advised that on
May 5, 2003, Council received an update on the State's new Fair Housing Ordinance
and efforts by City staff to work with the Fair Housing Board to update the City's Fair
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395
Housing Ordinance. She highlighted portions of a draft ordinance that will
be reviewed by the Fair Housing Board at Its next meeting, which will be submitted
to Council at a later date for consideration and approval.
Ms. Russell reviewed provisions of the proposed measure with regard to
composition of the Fair Housing Board; responsibilities of the Board; and
responsibilities of the Secretary acting in a conciliation function.
Refinancina Section 108 Loan:
The Director of Finance advised that:
In March 1994, the City borrowed $6.0 million at six
per cent for 20 years under the HUD Section 108
program;
The City utilizes CDBG funds to make annual
payments to HUD to repay the loan, the principal
balance of which Is presently $4.1 million.
Funds were loaned by the City to Hotel Roanoke,
LLC, through the Roanoke Redevelopment and
Housing Authority, to help finance the $27.5 million
rehabilitation and restoration ofThe Hotel Roanoke.
In accordance with the loan agreement, Hotel
Roanoke, LLC, makes annual loan repayments to
the City to the extent that funds are available; loan
repayments from the HRLLC are treated as CDBG
program income.
Unpaid amounts accumulate, along with future
annual loan payments; at present, unpaid principal
and interest from prior years total more than $1.1
million.
On August 1, 2003, the Section 108 Loan becomes
eligible for refinancing, interest savings ranging
from $850,000.00 to $900,000.00 are expected over
the ten year remaining life of the loan.
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396
Lower rates will benefit the HRLLC by decreasing
future payment requirements, thereby allowing
HRLLC to potentially repay unpaid prior amounts
sooner. Thus, annual CDBG program Income
should increase until cumulative amounts are paid
in full.
During a discussion, the City Manager explained that in view of the Friday,
May 30, 2003, deadline established by HUD, a Notification of Intent of Interest in
Refinancing was executed, in anticipation of approval by the Council.
The City Manager presented an information document with reference to
Victory Stadium issues in response to statements made by Citizens for a Sensible
Stadium Decision.
The City Manager advised that the two doors to the Municipal Building,
adjacent to the Council's parking lot on Second Street, could be marked as
handicapped entrance for keyed access only, and inquired if Council Members
would like to enter and exit the Municipal Building at the Second Street location, as
opposed to the second floor lobby entrance. She stated that alarms will be installed
on Municipal Building doors to alert staff in the immediate vicinity when a door that
is not identified for ingress and egress is accessed.
The City Manager advised that she was in receipt of a written request by
Fiddle Fest for a $25,000.00 contribution from the City of Roanoke, which is a
significantly higher amount than the City has contributed to any organization for an
annual or one time event, other than the Virginia Commonwealth Games. She SLated
that in-kind support and donated services to be provided by City staff will be
calculated, and input by the Council is requested.
Question was raised as to the relationship of Fiddle Fest with Event Zone;
whereupon, the City Manager advised that there is no relationship at this point,
although representatives of Fiddle Fest have been encouraged to contact the
Executive Director of Event Zone.
With the establishment of Event Zone, there was discussion as to whether the
Special Events Committee should be dissolved; whereupon, it was the consensus
of Council that the matter will be researched by City staff.
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397
Following discussion with regard to the request of Fiddle Fest for a
$25,000.00 contribution by the City, the Mayor proposed that Council approve
$12,500.00.
There was discussion as to whether Fiddle Fest representatives have sought
corporate sponsorships; whereupon, the City Manager referred to a communication
from Fiddle Fest in which it is noted that they have received both cash contributions
and in-kind contributions.
Mr. Cutler stated that before authorizing Cltyfunds, Fiddle Fest should provide
a business plan, a budget, a list of anticipated expenses, sources of income, and
information on any type of fund raising campaign initiated by the organization.
If the City authorizes a financial contribution to Fiddle Fest, some Council
Members expressed concern as to the perception by organizations such as Local
Colors, the Henry Street Festival and others that have held successful events over
the years without financial assistance from the City, except in-kind contributions.
Council took no official action on the request of Fiddle Fest for a $25,000.00
contribution from the City of Roanoke.
At 1 :55 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, June 2, 2003, the Council meeting reconvened In the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., BeverlyT. Fitzpatrick, Jr., Linda F. Wyatt and Mayor Ralph K. Smith--------6.
ABSENT: Vice-Mayor C. Nelson Harris-----------------------------------1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Father Dean Nastos, Pastor, Holy
Trinity Greek Orthodox Church.
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398
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGEMENT:
ACTS OF ACKNOWLEDGMENT -WATER RESOURCES: Mary Terry, Executive
Director, Southeast Rural Community Assistance Project, Inc., presented an award
to the Mayor, on behalf of the City of Roanoke, in recognition of the City's efforts to
provide safe drinking water to the citizens of Roanoke.
ACTS OF ACKNOWLEDGMENT -RAILSIDE LINEAR WALK: On behalfofthe City
of Roanoke, the Mayor advised that on May 22, 2003, he was honored to accept an
Honorable Mention Award for Excellence in Architecture in design of the Railside
Linear Park from the AlA Blue Ridge, American Institute of Architects.
ACTS OF ACKNOWLEDGMENT: The Mayor advised that on May 28, 2003, on
behalf of the Members of Council, be presented a Shining Star Award to Sharon
McGhee, 911 Dispatcher, in recognition of her assistance in connection with
resuscitating a child In a potential drowning incident.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
December 4, 2000; Monday, April 21, 2003; the Leadership Summit held on Friday,
April 11 , 2003, and the City Council Personnel Committee held on Monday, April 21,
2003, were before the body.
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
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399
AYES: Council Members Bestpltch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith ------- -----------------------------------------------6.
NAYl): NClI1El-----------------------------------------------------------------------~.
(Vice-Mayor Harris was absent.)
PURCHASE/SALE OF PROPERTY-EASEMENTS-INVITATIONS: A
communication from the City Manager advising that pursuant to rElquirements ofthe
Code of Virginia (1950), as amended, the City of Roanoke is required to hold a public
hearing on proposed conveyance of property rights and encroachments into public
right-of-way, was before Council.
The City Manager requested that a public hearing be advertised for the regular
meeting of Council to be held on Monday, June 16, 2003, at 7:30 p.m., in connection
with conveyance of City-owned property and encroachment into public right-of-way
on Hamilton Terrace, S. E.
Mr. Dowe moved that Council concur In thEl request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith -----------------------------------------------------------------------6.
NAYS: None----------------------------------
-------------------<1.
(Vice-Mayor was absent.)
TAXES: A communication from the City Manager advising that pursuant to
requirements of the Code of Virginia (1950), as amended, the City of Roanoke is
required to hold a public hearing on a request from the Lutheran Nursing Homes of
Virginia LLC, a non-profit organization, for tax exemption of certain property in the
City of Roanoke, was before Council.
The City Manager requested that Council authorize a public hearing to be
advertised for Monday, June 16, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
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400
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
MayorSmith--- ---- -----------------6.
NAYS: None
-------------~.
(Vice-Mayor Harris was absent.)
TAXES: A communication from the City Manager advising that pursuant to
requirements of the Code of Virginia (1950), as amended, the City of Roanoke is
required to hold a public hearing on a request of the Virginia Lutheran Nursing
Homes-Brandon Oaks LLC, a non-profit organization, for tax exemption of certain
property in the City of Roanoke, was before Council.
The City Manager requested that Council authorize a public hearing to be
advertised for Monday, June 16, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith - ---- ------------6.
NAYS: None-------------
-----------------------------.0.
(Vice-Mayor Harris was absent.)
TAXES: A communication from the City Manager advising that pursuant to
requirements of the Code of Virginia (1950), as amended, the City of Roanoke Is
required to hold a public hearing on a request of the Presbyterian Community
Center, Inc., a non-profit organization, for tax exemption of certain property in the
City of Roanoke, was before Council.
The City Manager requested that a public hearing be advertised for Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard.
Mr. Dowe moved that Council concur In the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
".-.,......
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401
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith------- ----------------------------------------6.
NAY!): NClI1El--------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
TAXES: A communication from the City Manager advising that pursuant to
requirements of the Code of Virginia (1950), as amended, the City of Roanoke is
required to hold a public hearing on a request of the Blue Ridge Small Business
Center, Inc., a non-profit organization, for tax exemption of certain property in the
City of Roanoke, was before Council.
The City Manager requested that Council authorize a public hearing to be
advertised for Monday, June 16, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard.
Mr. Dowe moved that Council concur In the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Sm Ith -------------------------------------------------------- -------------------6.
NAYS: None--------------------------
------------------------------0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-CITY COUNCIL: A report of qualification of
Beverly T. Fitzpatrick, Jr., as a Member of the Council of the City of Roanoke, to fill
the unexpired term of William H. Carder, resigned, ending June 30, 2004, was before
the body.
Mr. Dowe moved that the report of qualification be received and filed. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith -- -----------------------------------------------------------6.
NAYS: None-------------
--------------------------------------------0.
(Vice-Mayor Harris was absent.)
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402
REGULAR AGENDA
PUBLIC HEARINGS: NONE
PETITIONS AND COMMUNICATIONS:
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: Acommunlcation
from Council Member William D. Bestpitch transmitting a measure recommending
reconstitution ofthe Roanoke Neighborhood Partnership Steering Committee as the
Roanoke Neighborhood Advocates (RNA), which sets forth the objectives, duties and
responsibilities ofthe RNA, and repeals Resolution No. 25394, effective July 1,2003,
was before Council.
Mr. Bestpitch advised that the Roanoke Neighborhood Partnersh!p, a
public/private partnership including neighborhood, business, civic and human
services agencies and the City government, has been actively involved in supporting
community activities since 1980; the partnership has grown from the initial four
neighborhood groups to an active membership of 32 neighborhoods and two
business organizations; and the Partnership has evolved from its initial role of
supporting and developing organizations to providing technical assistance on a
range of projects, such as creation of neighborhood development corporations,
neighborhood watch programs, leadership training, grant writing, and self-
sufficiency.
It was further advised that on December 17, 2001, Council concurred in the
formation of an ad hoc study committee to review the design, role and
responsibilities ofthe RNPSC; current RNPSC Chair, Carl Cooper, RNPSC members,
Robin Murphy-Kelso and Paula Prince, Council Member Bestpitch and former
Council Member Bill Carder served on the study committee, with staff support.from
Assistant City Manager, Rolanda Russell, and Roanoke Neighborhood Partnership
Coordinator, Stephen Niamke; the Ad Hoc Study Committee held public hearings and
met with the RNPSC to reach consensus on the proposed mission and goal of the
reconstituted organization; the Ad Hoc Committee also worked with the City
Attorney's Office to draft a proposed resolution; and the first task of the proposed
Roanoke Neighborhood Advotes will be to develop a set of by-laws outlining its
mode of governance and operating rules, which by laws are to be submitted to
Council for endorsement no later than December 31, 2003, and thereafter be made
available to Interested neighborhood organizations and the general public.
--,--
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403
Mr. Bestpitch offered the following resolution:
"A RESOLUTION providing for the reconstitution of the Roanoke
Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates (RNA), stating the objectives, duties and responsibilities ofthe RNA, and
repealing Resolution No. 25394, effective July 1, 2003."
The motion was seconded by Ms. Wyatt.
Mr. Bestpitch advised that even though activities of the Roanoke
Neighborhood Partnership have evolved considerably over more than 20 years,
appropriate direction from the Council and authority to address certain issues has
not been established; therefore, the Council concurred In the formation of the Ad
Hoc Study Committee in December 2001. He explained that the study process
consisted of two public hearings which Included input from a number of
neighborhood leaders; and the steering committee held a weekend retreat at which
time it took Input from the community and developed recommendations for the Ad
Hoc Steering Committee. He further advised that the Ad Hoc Committee relied on
input that was received at the public meetings from neighborhood leaders and
recommendations from current membership of the steering committee, and agreed
to present a resolution to Council outlining many of those things that neighborhood
organizations want to do and have been doing in terms of duties and
responsibilities. He explained that the major recommended change is to reduce
membership of the steering committee from 30 to a more manageable number of 13
members, seven of whom will be appointed by the Council, with the remaining six
to be chosen by the seven members that Council appoints to what will be known as
the Roanoke Neighborhood Advocate (RNA).
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed concern that
neighborhood leaders were not involved in the process. She stated that the
Roanoke Neighborhood Partnership Steering Committee was established to work
for neighborhood organizations, and for the betterment of the City of Roanoke;
however, its goal has not been achieved for a number of years. She further stated
that neighborhood leaders should have been briefed on the proposed resolution
prior to its submittal to the Council for approval. Therefore, she requested that
action on the resolution be deferred to provide time for briefings and input by
Roanoke's neighborhood organizations.
11'11_1 I'f' "-..'........----., . '''"- .~-- ___. ."
404
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., concurred in the remarks of
Ms. McCadden. She stated that once again it appears that Items are brought before
the Council without explanation to those persons who are directly affected.
Therefore, she asked that Council delay its vote on the proposed resolution until
those persons who are directly involved have been given an opportunity to discuss
the recommendation ofthe Ad Hoc Committee. In appointing the proposed Roanoke
Neighborhood Advocates, she asked that Council give specific consideration to the
method of appointment; i.e.: Council will appoint seven members and the
committee will appoint only six.
In clarification, Mr. Bestpitch stated that the resolution does not create roles
and responsibilities of individual neighborhood organizations, since neighborhood
organizations operate independently; and there is no chain of command between
the Presidents Council and the City of Roanoke, since the Presidents Council
functions independently of the City of Roanoke, with a type of informal network or
coalition of representatives. He stated that City staff has attended and provided
technical assistance at a number of Presidents Council meetings; and a number of
persons attend steering committee meetings and meetings ofthe Presidents Council
on a regular basis, therefore, ample opportunities have been provided for
information sharing provided. He advised that the content of the proposed
resolution includes those recommendations that were received during the public
input process by neighborhood leaders.
Ms. Wyatt advised that It was her understanding that the Presidents Council
was initially established primarily because the Roanoke Neighborhood Partnership
Steering Committee had become rather large In number and to ensure that the same
information was disseminated to all neighborhood groups. She added that although
there may not be a formal relationship between the City of Roanoke and the
Presidents Council, a relationship has existed over the past several years that has
been beneficial to both the City of Roanoke and to the various neighborhood
organizations.
Mr. Dowe advised that the Roanoke Neighborhood Partnership Steering
Committee served as the one accountability that neighborhoods had to the City of
Roanoke and, In some respects, the one accountability that the City had to the
neighborhoods; and the importance of the organization Increased to the point that
it was necessary to create the Presidents Council, because of not only the size ofthe
Neighborhood Partnership Steering Committee, but to increase accountability. He
stated that since the Ad Hoc Steering Committee process has been ongoing for
..,,~.......
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405
approximately 18 months, it would be appropriate to make a concerted effort to
include the Presidents Council; from a proactive standpoint, including as many
stakeholders as possible will not do harm to the process, and allowing the proposed
Roanoke Neighborhood Advocates to select six of its members will provide more
leverage from the side of the neighborhoods.
Mr. Dowe offered a substitute motion that action on the resolution be tabled
for 30 days to provide time for input by the Presidents Council/neighborhood.
leaders. The motion was seconded by Ms. Wyatt and adopted, Council Member
Bestpitch and Mayor Smith voted no.
STATE HIGHWAYS-RAIL SERVICE: A communication from Council Members
William D. Bestpitch and M. Rupert Cutler advising that at the Council meeting on
Monday, March 17,2003, Star Solutions and Fluor addressed Council with regard
to Interstate 81, and proposals were submitted to the Virginia Department of
Transportation to expand the number of lanes and other appurtenances on 1-81, was
before Council. It was noted that minimal rail freight proposals Included in the Star
Solutions and Fluor Public Private Partnership Act proposals do not adequately
address rail freight potential in the whole 1-81 corridor.
Council Members Bestpltch and Cutler recommended that Council ad\Jpt a
resolution petitioning the development and promotion of rail freight and passenger
service parallel to 1-81, to complement limited highway-widening and to move a large
volume ofthe long-dIstance frelghttraffic from trucks on 1-81 to freighttrains on dual
track, high-speed rails parallel to 1-81.
Mr. Cutler offered the following resolution:
(#36352-060203) A RESOLUTION supporting rail alternatives to complement
planned improvements to 1-81.
(For full text of Resolution, see Resolution Book No. 97, page 322.)
Mr. Cutler moved the adoption of Resolution No. 36352-060203. The motion
was seconded by Mr. Bestpitch.
Mr. Robert B. Manetta, 2831 Stephenson Avenue, S. W., advised that the last
time the United States made a significant change in its transportation policy
Involving freight was development of the Interstate system in the 1950's, which
.,~_ .... ,. .."'..___._~ "_"'M~"'_,. ___.
406
policy has been in effect for approximately 50 years. He further advised that
Congressman Don Young, Chair, House Transportation Infrastructure Committee,
is a proponent of "toll truck ways", which proposes long distance Inner-Gity toll
truck lanes that would be added to existing interstates and Involve separating trucks
with separate exits, and concrete barriers. He added that when combined" the
combination vehicles would weigh approximately 80,000 pounds each, as compared
to the standard truck trailer combination of about 26,000 pounds.
Mr. Manetta quoted from a May 5, 2003, Roll Call article, in which
Congressman Young stated, "I have released one pilot project where we have
exclusive right-of-way for trucks, but it has to be a toll road to help pay for it. The
first one I want to do is in Virginia, it is close enough to where the rest of my
Congressional friends can see It, and once they see it, they will mandate it across
this Country". He stated that Congressman Young has pledged $1 billion, which
was earmarked to fund the first Truck Toll Way pilot project in Virginia; however, an
alternative to the proposal is proposed by a group known as the American
Association of State Highways and Transportation Officials (AASHTO), which
acknowledges that the highway system is increasingly congested, domestic freight
tonnage will increase 57 per cent by the year 2020, and import/export tonnage will
increase by almost 100 per cent. He further stated that social, economic and
environmental costs of adding new highway capacity are prohibitively high In many
areas; while the current market driven evolution of the freight rail system in the U. S.
can accommodate some of the forecasted freight growth, it will relieve little of the
forecasted congestion on the highway systems; and there is a need for a level of
investment that is greater than the railway systems are capable of funding on their
own, which Is approximately $4 billion a year in improvements. He noted that
AASHTO asserts that over a 20 year period, an aggressive investment would require
public Investments of over $4 billion a year, would save shippers $401 billion,
highway users $635 billion, and highway costs of $27 billion; and providing for
increased levels of investment and realizing the public benefits of a stronger freight
rail system at a national level will require new partnerships among railroads, states
and the Federal Government. He stated that the Commonwealth of Virginia has the
opportunity along Interstate 81 to implement a new transportation policy that takes
a new step through advanced technologies that will provide faster tracks and
newer technologies. He advised that the question is: is It more advantageous to
have a system that is based on rail or a system based on large trucks. He lended
his support to the proposed resolution requesting that the Governor strongly
consider a rail component to the 1-81 solution.
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407
Resolution No. 36352-060203 was adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith ----------------------------------------------------------------6.
NAYS: None----
--------.------------------.---------------0.
(Vice-Mayor Harris was absent.)
BUDGET-CIRCUIT COURT-GRANTS: A communication from Arthur B.
Crush, III, Clerk of Circuit Court, advising that the Clerk of the Circuit Court is
responsible, by statute, for the recordation of legal Instruments, which include Land
Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and
other Probate Records, Law, Chancery, and Criminal Orders; all of which must be
maintained and be available to the public, was before Council.
It was further advised that the Virginia Circuit Court Records Preservation
Program of the Library of Virginia has awarded the City of Roanoke Circuit Court
Clerk's Office a grant to provide a Digital Closed Circuit TV Monitoring and
Recording System; and the system is a much needed addition to continuing efforts
of the office to provide the maximum protection possible, not only for records (most
of which are to be retained permanently), but for employees as well.
It was explained that bids were received for both a Fire Detection System and
a Monitoring System; following review of the bids, the Library of Virginia elected to
fund only the Monitoring System at this time; from the bids submitted, the Library
of Virginia has selected Hudson-Payne Electronics Corporation to provide a Digital
Closed Circuit TV Monitoring and Recording System; and awarded a grant in the
amount of $17,162.00 for purchase and Installation of the system, with no matching
local funds required by the City of Roanoke.
The Clerk of Circuit Court recommended that he be authorized to execute the
grant agreement, to be approved as to form by the City Attorney; and that the
Director of Finance be authorized to establish a revenue estimate in the amount of
$17,162.00 in the Grant Fund and appropriate funds to an expenditure account
entitled, "Virginia Court Records Grants."
A communication for the City Manager concurring in the recommendation of
the Clerk of Circuit Court, was also before Council.
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408
Mr. Dowe offered the following budget ordinance:
(#36353-060203) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 323.)
Mr. Dowe moved the adoption of Ordinance No. 36353-060203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith ---- --------------6.
NAYS: None--
-----------------0.
(Vice-Mayor Harris was absent.)
Mr. Dowe offered the following resolution:
(#36354-060203) A RESOLUTION authorizing acceptance of a grant award from
the Virginia Circuit Court Records Preservation Program of the Library of Virginia,
to the Clerk of the Circuit Court for the purchase and installation of a Digital Closed
Circuit Television Monitoring and Recording System, and authorizing the Clerk of the
Circuit Court to execute any and all necessary documents to comply with the terms
and conditions of the grant.
(For full text of Resolution, see Resolution Book No. 97, page 325.)
Mr. Dowe moved the adoption of Resolution No. 36354-060203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith --- . _____________________________________________-6.
NAYS: None-------------------
o.
(Vice-Mayor Harris was absent.)
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409
BUDGET -STATE COMPENSATION BOARD-CIRCUIT COURT: A communication
from Arthur B. Crush, III, Clerk of Circuit Court, advising that the Clerk of the Circuit
Court is responsible, by statute, for the recordation of legal instruments, which
include Land Records, Marriage Licenses, Financing Statements, Assumed Names,
Wills and other Probate Records, and Law, Chancery and Criminal Orders, all of
which must be maintained and be available to the public, was before Council.
It was further advised that the Compensation Board, through the Technology
Trust Fund, has made available funds to be allocated toward contractual obligations
for those offices that have indicated that funds are needed; and the Circuit Court
Clerk's Office for the City of Roanoke has been allocated for reimbursement in the
amount of $20,901.00, and acceptance of the funds Is vital to meeting year end
budget obligations of the Circuit Court Clerk's Office.
The Clerk of Circuit Court recommended that the City Manager be authorized
to accept funds from the Compensation Board Technology Trust Fund, in the
amount of $20,901.00; and that the Director of Finance be authorized to establish a
revenue estimate in the Grant Fund In the amount of $20,901.00, and appropriate
same to an account to be established entitled, Circuit Court technology Trust Funds
Fiscal Year 2003.
A communication from the City Manager recommending that Council concur
In the recommendation of the Clerk of Circuit Court, was also before the body.
Mr. Fitzpatrick offered the following budget ordinance:
(#36355-060203) AN ORDINANCE to amend and reordaln certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 326.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36355-060203. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith - -------------------------------------------------------------6.
NAYS: None-------------
------------------------------------------0.
(VIce-Mayor Harris was absent.)
11......, 1'11'" ,.,....~--'" . ,.-- ._- __. n,.
410
Mr. Bestpitch offered the following resolution:
(#36356-060203) A RESOLUTION authorizing acceptance of funds from the
Commonwealth of Virginia Compensation Board through the Technology Trust
Fund, to provide reimbursement to the Clerk of the Circuit Court for contractual
obligations providing technology services, and authorizing the Clerk of Circuit Court
to execute any and all necessary documents to comply with the terms and
conditions as required for such reimbursement.
(For full text of Resolution, see Resolution Book No. 97, page 327.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36356-060203. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith ---------------- --------------------6.
NAYS: None--------------------
---------0.
(Vice-Mayor Harris was absent.)
REPORT OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a
communication advising that the Roanoke Arts Commission Agency Funding
Advisory Committee budget, in the amount of $322,482.00, was established by
Council with adoption of the General Fund budget for fiscal year 2003-04, the total
of which represents an increase in funding of$33,370.00; requests from 16 agencies,
totaling $452,750.00 were received; and committee members studied each
application prior to an allocation meeting which was held on April 1, 2003, and
agencies were notified of tentative allocations and advised that they could appeal
the recommendation, however, no appeals were filed.
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411
The City Manager recommended that Council authorize transfer of $322,482.00
from the Roanoke Arts Commission Agency Funding Advisory Committee, Account
No. 001-310-5221-3700, to new line items to be established within the Roanoke Arts
Commission Agency Funding Advisory Committee budget by the Director of Finance
for fiscal year 2003-04.
Mr. Cutler offered the following budget ordinance:
(#36357-060203) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 328.)
Mr. Cutler moved the adoption of Ordinance No. 36357-060203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith------------------------------------------- -----------6.
NAYS: None
---------------------------------------------------------"0.
(Vice-Mayor Harris was absent.)
BUDGET-PARKS AND RECREATION-WATER RESOURCES: The City Manager
submitted a communication advising that on an annual basis, the Department of the
Interior appropriates Federal Land and Water Conservation Funds (LWCF) to State
governments for both acquisition and development projects relating to parks and
outdoor recreational facilities; and for the fiscal cycle 2002-03, the Virginia
Department of Conservation and Recreation authorized $2,000,000.00 to local
governments to be awarded through the Virginia Outdoors Fund (VOF).
It was further advised that the Department of Parks and Recreation, in
partnership with both the Washington Park Alliance for Neighborhoods and the
Roanoke Valley Greenways Commission, submitted a matching grant proposal for
funding for creation of the Brown-Robertson Neighborhood Park on an 8.36-acre
tract of land formerly known as Shadeland; within the Initial phase of Roanoke's
park improvement process, $100,000.00 was dedicated toward development \if the
park, and such funds will be used as the City's matching component to receive an
I'.....' 1!'1 .. .,~ ,,,._~_._...,..
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412
additional $81,000.00 LWCF funds; and as such, local funding in the amount of
$81,000.00 is available In Account No. 008-620-9744-9001, which will be used for the
design and construction process for the park based on what is derived from
neighborhood public forums.
It was explained that the 2002 Virginia Outdoors Plan (VOP) identifies that
additional neighborhood park facilities are needed in economically challenged
communities and where specific neighborhoods have no close-to-home recreational
opportunities within walking distance, and typically within five minutes walking
distance from one's home.
It was noted that the City of Roanoke has received confirmation from the
Commonwealth of Virginia that the City will be the recipient of an $81,000.00 LWCF
award, provided that a supporting resolution by Council is adopted expressing the
City's desire to accept and participate In the Land and Water Conservation program.
The City Manager recommended that Council adopt a resolution of support
which will address and accept Land and Water Conservation Funding, in the amount
of $81,000.00, for the development of Brown-Robertson Neighborhood Park; and
appropriate grant funds and establish a corresponding revenue estimate of
$81,000.00 In accounts to be established by the Director of Finance in the Grant
Fund entitled, "Virginia Outdoors Fund Grant", and transfer local matching funds of
$81,000.00 from Account No. 008-620-9744-9001 to the same grant account.
Mr. Dowe offered the following budget ordinance:
(#36358-060203) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects and Grant Funds Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 329.)
Mr. Dowe moved the adoption of Ordinance No. 36358-060203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith- ----------- ------------6.
NAYS: None---------n. --------------------------------0.
(Vice-Mayor Harris was absent.)
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413
Mr. Dowe offered the following resolution:
(#36359-060203) A RESOLUTION requesting funding from the Virginia
Department of Conservation and Recreation ("DCR") to assist in the development
of Brown-Robertson Neighborhood Park, and authorizing the City Manager to
provide sufficient information and materials and to execute such documents as may
be necessary to accept the Virginia Outdoors Fund Grant.
(For full text of Resolution, see Resolution Book No. 97, page 331.)
Mr. Dowe moved the adoption of Resolution No. 36359-060203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith-------------------------------------- - ----------------6.
NAYS: None-------------------------------
---------------------0.
(Vice-Mayor Harris was absent.)
POLICE DEPARTMENT-CITY CODE: The City Manager submitted a
communication advising that during calendar year 2002, Roanoke City Police
Officers responded to 7,406 false alarms, or to approximately 20 false alarms per
day, 95 per cent of which were business alarms; false alarm calls are directed to
the appropriate agency by City dispatchers who expend a considerable amount of
time on unnecessary calls for service; safety personnel may respond multiple times
for a false alarm at the same location on the same day; false alarms may be due to
improperly trained staff, vermin/birds triggering motion sensors, equipment failure,
and the weather; and to address the excessive number of false alarms, safety
personnel have met and worked with business owners, but the problem of the
frequency of false alarms persists.
It was further advised that several localities were surveyed as to how they
address false alarms; Roanoke County and the Town of Vinton have enacted
ordinances which establish fees to be charged for multiple false alarms; and
Roanoke County charges residences and businesses fees of $25.00 to $150.00 for
false alarms beginning with the fifth false alarm.
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414
The City Manager recommended that Council adopt an ordinance amending
the Code of the City of Roanoke (1979), as amended, by adding a new Article II,
Security Alarms. to Chapter 23, Police. effective January 1, 2004. It was expli.ined
that the proposed ordinance will provide for the regulation of the use and operation
of security alarm systems operated by alarm company operators, in order to
enhance public safety and to reduce unnecessary expenditure of public resources
in response to false alarms; the proposed ordinance would not apply to security
alarm systems maintained by governmental agencies or departments; the proposed
ordinance will regulate commercial establishments and, to a lesser extent,
residential establishments; alarm company operators, as well as businesses on
whose premises security alarm systems are maintained, must register with the City
and obtain a permit; a registration fee of $25.00 is required for the first year and
$20.00 annually thereafter; and the registration requirement provides information to
the City about the type of alarm system on the premises and the names of persons
designated by the business to respond to the alarm system.
It was further explained that any business that fails to register must pay a
service charge of $100.00 for each false alarm and a charge of $150.00 for the
seventh and all subsequent false alarms in a calendar year; registered businesses
will not be charged for the first three false alarms during a calendar year, but a
service charge of $25.00 will be Imposed for the fourth false alarm, $50.00 for the
fifth false alarm, $100.00 for the sixth false alarm, and $150.00 for the seventh and
all subsequent false alarms In a calendar year.
It was noted that residences with security alarms will not have to register; no
service charge will be imposed upon residential alarm users for the first ten false
alarms in a calendar year; excessive residential false alarms (ten in a calendar year)
will lead to a mandated examination of the alarm system by a company of the
homeowner's choice, or will lead to a site assessment by the Police Crime
Prevention Unit; a service charge of $15.00 will be assessed for the 11 th false alarm,
$20.00 for the 12th false alarm, $25.00 for the 13th false alarm, and $30.00 for the 14th
and all subsequent false alarms in each calendar year, provided the residential alarm
system user has had the required Inspection after the tenth false alarm; if the
residential alarm system user has not complied with the inspection requirements
after the tenth false alarm, all subsequent false alarms In that calendar year will
result in a service charge of $30.00; and the amount of false alarm service charges
collected should decrease as owners properly train their staff to operate/arm their
security systems, as efforts are initiated to eliminate vermin/other pests, and as
motion sensors are repositioned.
.".~......
.,..,-.,--.
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415
Ms. Wyatt offered the following ordinance:
(#36360-060203) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new Article III, Security Alarms, to Chapter 23,
Police; providing for an effective date; and dispensing with the second reading by
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 333.)
Ms. Wyatt moved the adoption of Ordinance No. 36360-060203. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith-------------.--.----....-.-.-.-.-. -------------------6.
NAYS: None------------------------
--------------------------------0.
(Vice-Mayor Harris was absent.)
CITY CODE.FIRE DEPARTMENT: The City Manager submitted a
communication advising that Roanoke Fire-EMS responded to 1,403 calls for
electronic fire alarm system activations in 2002, of which approximately 1 ,300 (95 per
cent) of responses were for false alarms, accidental alarms or system malfunctions;
and the number of false alarms is increasing and will continue to Increase as more
businesses install electrical systems.
It was further advised that the County of Roanoke and the Town of Vinton
have enacted ordinances that define fees to be charged for multiple false alarms;
Roanoke County charges residences and businesses fees of $25.00 to $150.00 for
false alarms, beginning with the fifth such alarm; and adopting a service charge
structure for responses to false alarms to commercial/retail structures will lower
false alarm incidents, thereby Improving public safety.
It was explained that false alarms substantially impact service delivery, as well
as safety to citizens and firefighters; electronic alarms from commercial/retail
structures activate a response from three engines, two aerial ladder trucks, and one
command officer, and after responding, it is necessary to have fire alarm systems
reset; frequently, building representatives do not respond In a timely manner and
many do not respond at all; service charges for false alarms will motivate property
.
II.....' TT"
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416
owners to accept responsibility for their equipment and for the safety of their
buildings; and reducing the number of responses to false alarms will also reduce the
wear and tear on fire apparatus and the risk of injury to citizens and firefighters.
The City Manager recommended that Council adopt an ordinance amending
the Code of the City of Roanoke (1979), as amended, by adding a new Article III, Fire
Alarm Systems, to Chapter 12, Fire Prevention and Protection, effective January 1,
2004. It was explained that the recommended ordinance regulates only commercial
establishments; businesses on whose premises fire alarm systems are maintained
and alarm company operators must register with the City and obtain a permit; a
registration fee of $25.00 is required for the first year and $20.00 annually thereafter;
the registration requirement provides information to the City about the type of alarm
system on the premises and the names of persons designated by the business to
respond to the alarm system; any business that falls to register must pay a se,vice
charge of $100.00 for each false alarm and a charge of $150.00 for the seventh and
all subsequent false alarms in a calendar year; and registered businesses will not
be charged for the first three false alarms during a calendar year, but a service
charge of $25.00 will be imposed for the fourth false alarm, $50.00 for the fifth false
alarm, $100.00 for the sixth false alarm, and $150.00 for the seventh and all
subsequent false alarms in a calendar year.
Mr. Dowe offered the following ordinance:
(#36361-060203) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new Article III, Fire Alarm Systems to Chapter 12,
Fire Prevention and Protection: providing for an effective date; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 341.)
Mr. Dowe moved the adoption of Ordinance No. 36361-060203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith _______________________--6.
NAYS: None
_____________________________________-0.
(Vice-Mayor Harris was absent.)
"""~-'"
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,~. ,.......~....
417
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising the Virginia Department of Social Services (VDSS) has
recognized that many social services programs are funded with local dollars only
when existing budget allocations are exhausted due to lack of State match; VDSS
now allows local agencies to develop "Revenue Maximization" Projects to claim
Federal reimbursement for local funds; the City of Roanoke has collected
$117,422.00 through Revenue Maximization projects for fiscal year 2003, which
amount exceeds the original appropriation by $73,141.00 for this fiscal year; and
Federal reimbursement for "reasonable and necessary" expenditures Incurred for
the proper administration of social services programs accounts for the majority of
the overage.
It was further advised that additional funds reimbursed to a locality as a result
of Revenue Maximization shall not be used to replace or supplant funds otherwise
appropriated by the locality for human services activities; accordingly, these costs
must be separated from traditional costs and expended to address unmet human
services needs; and the City of Roanoke will use the funds to better meet the needs
of populations that are not fully served by Improving utilization management under
the Comprehensive Services Act and providing support for a Substance Abuse
Counselor In the Court Services Unit.
The City Manager recommended that Council Increase the General Fund
Revenue estimate by $73, 141.00 to Revenue Maximization Account No. 001-110-1234-
0702, and appropriate $73,141.00 to Account No. 001-630-5315-2010.
Mr. Dowe offered the following budget ordinance:
(#36362-060203) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 348.)
Mr. Dowe moved the adoption of Ordinance No. 36362-060203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith---- ------------------------------------------------------------------6.
NAYS: None-------------------------
----------------------------------0.
(Vice-Mayor Harris was absent.)
.._- ...." ,-..,-. .......--" ,.........',--
418
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The City Manager
submitted a written communication advising that the Hotel Roanoke Conference
Center Commission was created by the Virginia General Assembly In 1991 to
construct, equip, maintain and operate the Conference Center of Roanoke, which is
located adjacent to The Hotel Roanoke; the City of Roanoke and Virginia Tech are
participating entities In the Commission; in 1992, Council authorized establishment
of an Agency Fund entitled, "Hotel Roanoke Conference Center Commission"; the
Commission's enabling legislation allows for participating parties to contribute
funds to equally the Commission to fund operating deficits of the Commission and
to enable the Commission to expend such revenues for proper purposes; the
budget must be approved by each of the participating entitles; Council included
funding in the fiscal year 2003-2004 General Fund adopted budget to be used for
such purposes; and The Hotel Roanoke Conference Center Commission
recommends adoption by Council of its fiscal year 2003-2004 operating budget.
The City Manager recommended that Council approve The Hotel Roanoke
Conference Center Commission budget for fiscal year 2003-2004, appropriate
$212,000.00 to accounts to be established by the Director of Finance in The Hotel
Roanoke Conference Center Agency Fund, establish revenue estimates of
$100,000.00, each, for the City of Roanoke and Virginia Tech contributions, and
$12,000.00 from Retained Earnings.
Mr. Fitzpatrick offered the following budget ordinance:
(#36363-060203) AN ORDINANCE to amend and reordain certain sections of
the 2003.2004 Hotel Roanoke Conference Center Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 349.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36363-060203. The
motion was seconded by Mr. Dowe and adoption by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith ------- -----------6.
NAYS: None
----------
-------.-----------~.
(Vice-Mayor Harris was absent.)
""'oO<~""'"
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419
Mr. Dowe offered the following resolution:
(#36364-060203) A RESOLUTION approving the annual operating budget of the
Hotel Roanoke Conference Center Commission for Fiscal Year 2003-2004.
(For full text of Resolution, see Resolution Book No. 97, page 350.)
Mr. Dowe moved the adoption of Resolution No. 36364-060203. The motion was
seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith-------------------------------- ---------------------6.
NAYS: None---
------------------------------------------------0.
(Vice-Mayor Harris was absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Fifth Planning District Commission Disability
Services Board (DSB) is responsible to local governments and serves as a critical
resource for needs assessment, information sharing and service opportunities for
citizens with disabilities, their families and the community; the following
jurisdictions in the Fifth Planning District have enacted resolutions establishing their
participation in a regional effort and have appointed a local official to serve: the
Cities of Roanoke, Salem, and Covington; the Counties of Roanoke, Craig, Botetourt,
and Alleghany, and the Towns of Clifton Forge and Vinton and other members of the
DSB include representatives from business and consumers.
It was further advised that Council authorized the Director of Finance to serve
as fiscal agent for the Fifth Planning District Disabilities Services Board on
September 25, 1995, pursuant to Resolution No. 32675-092595; and the State
Department of Rehabilitative Services has allocated funds, In the amount of
$14,800.00, for a one-year period to continue local staff support of administration
of the Fifth District DSB.
The City Manager recommended that she be authorized to enter into a
contract to be approved as to form by the City Attorney, with existing DSB staff
support, to continue providing local administrative support; and that Council
appropriate $14,800.00 to an account to be established in a Grant Fund by the
Director of Finance, and establish a revenue estimate of the same.
~ ...,...
420
Mr. Dowe offered the following budget ordinance:
(#36365-060203) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 351.)
Mr. Dowe moved the adoption of Ordinance No. 36365-060203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith---------------------- ------------------------6.
NAYS: None--------
___________________________________-0.
(Vice-Mayor Harris was absent.)
Mr. Dowe offered the following resolution:
(#36366-060203) A RESOLUTION authorizing the City Manager to enter into a
contract with the Fifth District Disability Services Board ("FDDSB") to provide
continuing local administrative staff support; upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 352.)
Mr. Dowe moved the adoption of Resolution No. 36366-060203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith _________________________-6.
NAYS: None---------------
----------------0.
(VIce-Mayor Harris was absent.)
ARMORY/STADIUM -LEASES: The City Manager submitted a communication
advising that the City of Roanoke is preparing to construct a multipurpose
stadium/amphitheaterfacilityoffCourtland-Avenue; to facilitate construction, a lease
--.....
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421
is needed for land adjacent to the stadium site for use as a staging area and
placement of a construction trailer; and a lease agreement has been reached with
property owners, Katherine R. and Dana L. Baker, for a portion of Official Tax No.
3070320.
It was further advised that the proposed lease is for approximately 28,375
square feet for a one year term, with provision that the lease may be extended for up
to two additional one year terms, at an annual lease fee of $7,800.00 for the initial
term and $8,400.00 for the second and third year terms, with funding in Account No.
008-530-9776-9050; and the lease also provides that the tenant will indemnify and
hold harmless the landlord against all liability, cost, expense, claims, loss, damage
and judgments incurred or suffered by the landlord in connection with the lease.
The City Manager recommended that she be authorized to execute a Lease
Agreement with Katherine R. and Dana L. Baker, In a form to be approved by the
City Attorney.
Mr. Dowe offered the following ordinance:
(#36367 -060203) AN ORDINANCE authorizing the City Manager to enter into
a lease agreement with Katherine R. Baker and Dana L. Baker, for approximately
28,375 square feet of Official Tax Map #3070320, adjacent to the stadium site, for use
as a staging area and site for a construction trailer for the City's staff and
consultants, upon certain terms and conditions, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 353.)
Mr. Dowe moved the adoption of Ordinance No. 36367-060203. The motion
was seconded by Mr. Cutler.
Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, spoke with regard to the
renovation of Victory Stadium. He referred to the historical value of Victory Stadium
and advised that the Federal government played a major role in constructing Victory
Stadium in honor of veterans of World War II. He talked about college football
games that were played on the Victory Stadium field and Maher Field, which was
donated to the City for park purposes by the N & W Railway and, stated that citizens
of the City of Roanoke should have the right to vote by referendum on the future of
Victory Stadium.
..- .." "_.,
422
Ordinance No. 36367-060203 was adopted by the following vote:
AYES: Council Members Bestpltch, Cutler, Dowe, Fitzpatrick and Wyatt-------5.
NAYS: Mayor Smith------------------------------------------------------------1.
(Vice-Mayor Harris was absent.)
BONDS/BOND ISSUES-INDUSTRIES-HOSPIT ALS: The City Manager submitted
a communication advising that the Industrial Development Authority (IDA) adopted
a resolution on May 14, 2003, authorizing Issuance of up to $50,000,000.00 for
Carillon Health Systems to undertake various construction projects; and approval
by Council is required, pursuant to Section 147(f) of the Internal Revenue Code of
1986, as amended, and Section 15.2-4906, Code of Virginia (1950), as amended.
The City Manager further advised that in order for such financing to proceed,
Council is requested to adopt a proposed resolution.
Mr. Dowe offered the following resolution:
(#36368-060203) A RESOLUTION authorizing, among other things, the
issuance of not to exceed $50,000,000.00 aggregate principal amount of Industrial
Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds
(Carilion Health System Obligated Group) Series 2003A and Series 2003B to the
extent required by Section 147 of the Internal Revenue Code of 1986, as amended.
(For full text of Resolution, see Resolution Book No. 97, page 354.)
Mr. Dowe moved the adoption of Resolution No. 36368-060203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith -- ----------- -----------6.
NAYS: None----------------------
----------0.
(Vice-Mayor Harris was absent.)
_--.J,o,.-.o,
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423
DIRECTOR OF FINANCE:
AUDITS: The Director of Finance presented the Financial Report forthe month
of April, 2003.
Question was raised regarding whether Victory Stadium operates at a deficit;
whereupon, the City Manager advised that expenses are In the range 01$268,000. 00,
and revenue In fiscal year 2002 was approximately $41,000.00, for a deficit of about
$225,000.00. She stated that the deficit will be higher in fiscal year 2003 because the
same level of revenue has not been maintained, while expenses will remain at about
the same level.
Mr. Cutler inquired If any of the deficit Included funds associated with flood
clean up; whereupon, the City Manager advised that no expenses were incurred in
fiscal year 2002, and the books have not closed out for fiscal year 2003. She stated
that the City has applied to the Federal Emergency Management Association for
reimbursement of certain flood related expenses, although no determination has
been made; and damage was sustained to the portable stage which is used at the
Civic Center, and any damage or repair to items that were stored at Victory Stadium
will fall to the individual City departments having responsibility for those items. She
advised that figures will be provided to the Council at a later date.
Ms. Wyatt noted that a large portion of flood clean up was performed by City
Jail inmates, and asked that those costs be calculated into the overall figures to be
provided by the City Manager.
There being no further questions or discussion, without objection by Council,
the Mayor advised that the Financial Report for the month of April 2003 would be
received and filed.
BONDS/BOND ISSUES -HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA
TECH: The Director of Finance submitted a written report advising that the City of
Roanoke issued $35.8 million of Series 1994 bonds dated January 1, 1994; the bonds
were issued to fund various projects, including an expansion of the City Jail,
construction of The Hotel Roanoke Conference Center and other infrastructure
projects; interest rates on the callable maturities of the bonds range from 4.7 per
cent to 5.25 per cent; the City Issued $26,020,000.00 of Series 1999A and
$10,100,000.00 of Series 1999B bonds dated October 15, 1999; the bonds were
issued to fund various projects Including schools, buildings, storm drains, the
11:111.1 TT"'
>~........"---
424
Roanoke Higher Education Center, the Johnson and Johnson project and other
Infrastructure projects; Interest rates on the callable maturities of the bonds range
from 5.0 per cent to 6.0 per cent; and Morgan Keegan and Co., Inc., has proposed to
purchase bonds to refund currently outstanding bonds via a negotiated sale.
It was further advised that based on recent municipal bond interest rates, the
City could potentially realize considerable savings by refunding a portion ofthe 1994
and/or 1999 bonds; resulting savings would be contingent upon combination ofthe
interest rate received on the refunding bonds and the Interest rate obtained on the
Treasury certificates purchased to fund the escrow to be used to pay current
outstanding bonds when the bonds become callable; based upon discussions with
the City's financial advisor, BB&T Capital Markets, it is believed that an appropriate
level of savings to justify refunding the 1994 bonds would be a net present value
amount of $750,000.00, provided that savings of at least 3 per cent of net present
value of the refunded bonds could also be achieved; an appropriate level of savings
to justify refunding the 1999 bonds would be a net present value amount of
$500,000.00, provided that savings of at least 4 per cent of net present value of the
refunded bonds could also be achieved; since interest rates fluctuate dally, it is
imperative to the success of a refunding that the City act quickly once Interest rates
enable the City to achieve an acceptable level of savings; thus, a negotiated sale,
versus an open market competitive sale, can be accomplished in a much shorter
timeframe and is deemed more practical; and refunding bonds will be considered
additional debt in the context of the City's debt policy and from the rating agencies'
perspective only to the extent that a slightly higher level of principal would need to
be issued than the amount of bonds being refunded.
The Director of Finance recommended that Council adopt a resolLltion
authorizing the City Manager and the Director of Finance to issue up to $53 million
in refunding bonds to be purchased by Morgan Keegan and Co., Inc.; refunding
bonds shall be issued to refund the 1994 bonds if net present value savings of
$750,000.00 and a minimum of 3 per cent of the net present value of the 1994
refunded bonds can be achieved; and refunding bonds shall be issued to refund the
1999 bonds, if net present value savings of $500,000.00 and a minimum of 4 per cent
of the net present value of the 1999 refunded bonds can be achieved.
Mr. Fitzpatrick offered the following resolution:
..,..~,.........
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425
(#36369-060203) A RESOLUTION authorizing the issuance and sale of not to
exceed fifty three million dollars ($53,000,000.00) principal amount of City of
Roanoke, Virginia, general obligation public Improvement refunding bonds to
Morgan Keegan & Company, Inc., as underwriter; fixing the form, denomination and
certain other details of such bonds and delegating to the City Manager and the
Director of Finance authority, among other things, to execute and deliver to such
underwriter a bond purchase contract by and between the city and such underw~iter,
to determine the aggregate principal amount of such bonds, the maturity dates of
such bonds and the principal amounts of such bonds maturing in each year, the
interest payment dates for such bonds and the rates of interest to be borne by such
bonds, the redemption provisions and redemption premiums, if any, applicable to
such bonds and to appoint an escrow agent for the bonds to be refunded from the
proceeds of such bonds; authorizing the preparation of a preliminary official
statement and an official statement and the delivery thereof to such underwriter;
authorizing the execution and delivery of a continuing disclosure certificate relating
to such bonds; authorizing the execution and delivery of an escrow deposit
agreement relating to the refunded bonds; authorizing the City Manager and the
Director of Finance to appoint a verification agent; authorizing the City Manager and
the Director of Finance to designate the refunded bonds for redemption; and
otherwise providing with respect to the Issuance, sale and delivery of such bonds
and the refunding of the refunded bonds.
(For full text of Resolution, see Resolution Book No. 97, page 358.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36369-060203. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Wyatt and
Mayor Sm ith ---------------------------------------------------------------_________ 5.
NAYS: None--------------
-----------------------------------------0.
(Council Member Dowe abstained from voting Inasmuch as he is employed by
Branch Banking and Trust of Virginia.) (Vice-Mayor Harris was absent.)
--_. ;,"._1 "IT." ,...~"----~ ....,_.,-- ~.
426
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
DIRECTOR OF FINANCE-CITY CLERK-BUDGET-CITY ATTORNEY-CITY
MANAGER-MUNICIPAL AUDITOR: Mr. Dowe offered the following ordinance
establishing compensation for the City Manager, City Attorney, Director of Finance,
Municipal Auditor and City Clerk for the fiscal year beginning July 1,2003:
(#36370-060203) AN ORDINANCE establishing compensation for the City
Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk for the
fiscal year beginning July 1, 2003; and dispensing with the second reading by title
of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 373.)
Mr. Dowe moved the adoption of Ordinance No. 36370-060203. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpltch, Cutler, Dowe, Fitzpatrick, Wyatt and
Mayor Smith------------------------------------------------------ -...-6.
NAYS: None------------------
___________________-0.
(VIce-Mayor Harris was absent.)
MOTION AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
PURCHASE/SALE OF PROPERTY-EASEMENTS-
DONATIONS/CONTRIBUTIONS-WESTERN VIRGINIA LAND TRUST-WATER
RESOURCES: Council Member Cutler referred to an article in the June 2, 2003
edition of The Roanoke Times, "Task Force aims to send cleaner water to Carvins
Cove", which describes the partnership between the City of Roanoke and Director
"......~_..
...,. ....... ~. .
427
of Utilities, Mike McEvoy, and the Western Virginia Land Trust. He advised that the
Western Virginia Land Trust works with land owners on Catawba Creek and Tinker
Creek, where water flows into the Carvlns Cove Reservoir, to obtain conservation
easements on the creeks, to move cattle out of the creeks and to protect the water
supply from agricultural and suburban run-off through voluntary donation, or sale
of conservation easements, or development rights along the watershed above
Carvins Cove. He expressed appreciation to Mr. McEvoy and to the Executive
Director of the Western Virginia Land Trust for this innovative way to protect water
quality upstream.
POLICE DEPARTMENT-TRAFFIC-ACTS OF ACKNOWLEDGMENT: Council
Member Fitzpatrick called attention to a police officer who was directing traffic at the
intersection of Tazewell Avenue and 13th Street, S. E., on Sunday, June 1, 2003, and
asked that the police officer be commended for the manner in which she directed
traffic.
CITY CODE-UTILITIES: Council Member Fitzpatrick requested that the City
Manager report on the City's signage policy; i.e.: utilization of utility poles for
display of signage.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
BUDGET -COMPLAINTS-CITY EMPLOYEES-YOUTH-SPECIAL EVENTS-
ECONOMIC DEVELOPMENT-RAIL SERVICE: Mr. Robert Gravely, 3360 Hershberger
Road, N. W., referred to photographs of various sections of northwest Roanoke and
expressed concern that the City of Roanoke Is 40 years behind schedule in
infrastructure maintenance needs. He stated that the railroad must work with the
people and for the people to make rail transportation affordable; affordable housing
should be provided for Roanoke's citizens; the pay scale for City employees should
be upgraded and not based on a percentage increase; more jobs should be created
for Roanoke's residents with wages that make it affordable to live in the City of
Roanoke; business and entertainment ventures must be successful in order to
attract more people to the Roanoke Valley; more programs should be created for
youth leading to gainful employment in the Roanoke Valley; and laws should be
enforced that work with the people and for the people.
.._ r""
428
CITY MANAGER COMMENTS: NONE.
At 3:30 p.m., the meeting was declared In recess for two Closed Sessicns.
At 4:05 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Harris.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Fltizpatrick
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. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt and
MayorSmith------ ----------- ----.---6.
NAYS: NCllle----------------------------------------------------------------------.-------------.----0.
(Vice-Mayor Harris was absent.)
PARKS AND RECREATION-COMMITTEES: The Mayor advised that there Is a
vacancy on the Mill Mountain Advisory Committee and called for nominations to fill
the vacancy.
Mr. Cutler placed In nomination the name of Louise F. Kegley.
There being no further nominations, Ms. Kegley was appointed as a member
of the Mill Mountain Advisory Committee for a term ending June 30, 2004, by the
following vote.
FOR MS. KEGLEY: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Wyatt and Mayor Smith---- ________________________________-6.
(Vice-Mayor Harris was absent.)
....-....".......
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429
COMMITTEES-FDETC The Mayor advised that there is a vacancy on the Fifth
District Employment and Training Concortium (City Manager designee); whereupon,
Council concurred in the City Manager's designation of Vickie L. Price, Acting
Director of Human Services.
There being no further business, the Mayor declared the meeting adjourned
at 4:10 p.m.
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
ATTEST:
A -" ;, rZ...
1,1 I WIllI 1 "IT'-
--.
430
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
June 16, 2003
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
June 16, 2003, at 2:00 p.m., the regular meeting hour, In the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reaular Meetinas, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smlth----6.
ABSENT: Vice-Mayor C. Nelson Harris..---------------------------------------------------1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Timothy A. Wright,
Associate Pastor, Evangel Foursquare Church.
The Pledge of Allegiance to the Flag of the United States of America wa~ led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT -REAL ESTATE VALUATION: Mr. Dowe offered
a resolution paying tribute to Willard N. Claytor, Director of Real Estate Valuation for
the City of Roanoke, who will retire from his position on August 1, 2003:
(#36371-061603) A RESOLUTION paying tribute to Willard Nathan Claytor,
Director of Real Estate Valuation for the City of Roanoke, and expressing to him the
appreciation of this City and Its people for his exemplary public service.
(For full text of Resolution, see Resolution Book No. 67, page 375.)
,., ...,................
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431
Mr. Dowe moved the adoption of Resolution No. 36371-061603. The motion
was seconded by Mr. Bestpltch and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch and
Malf()rlirnitll-----------------------------------------...--....-.-.-.--...--.--.------...--.-.-..----..-..--.---Ii.
NAYli: N()l1e------------.-.--..-....-.-.-..----.--------.----.--------.------------------------------().
(Vice-Mayor Harris was absent.)
The Mayor presented a ceremonial copy of the above referenced measure to
Mr. Claytor and advised that a reception will be held in his honor on June 30, 2003,
at The Jefferson Center.
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 ()ne
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item w()uld be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a closed session.
MINUTEli: Minutes ofthe special meeting of Council held on Thursday, May 1,
2003, and the regular meeting held on M()nday, May 5, 2003, and recessed until
Wednesday, May 7,2003, were before the body.
Mr. Cutler moved that tile reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Fitzpatrick
and adopted by the f()lIowing vote:
AYES: Coul1cil Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Malfor Smith ----------------------.-...---------------------------------.---..--------------------------6.
NAYli: N()l1e------------------------------------------.----------------------------------------..-.--().
(Vice-Mayor Harris was absent.)
,UJ<_, "Wr,..''''
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432
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene In a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting as above described. The motion was seconded by Mr.
Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
an d Mayor Sm ith ---.--...--------------...-.----------------..-.-------------....-..-----------...-.--------6.
NAYSi: NCllle-----------------------------.-------------------------------------.---------------------Cl.
(Vice-Mayor Harris was absent.)
COMMITTEES-HOUSING/AUTHORITY: A communication from Beverly T.
Fitzpatrick, Jr., tendering his resignation as a Commissioner of the City of Roanoke
Redevelopment and Housing Authority, effective May 19, 2003, was before the body.
Mr. Cutler moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Fitzpatrick and adopted
by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Smith .---------....---------------.------.--.--.------...-------------.---------------.----------6.
NAYSi: NCllle--------------------------------.------------.---------.-.-----------.--------------.----Cl.
(Vice-Mayor Harris was absent.)
COMMITTEESi-YOUTH: A communication from the City Clerk advising of the
resignation of F. B. Webster Day as a member of the Youth Services Citizen Board,
effective Immediately, was before Council.
Mr. Cutler moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Fitzpatrick and adopted
by the following vote:
,.,., .--..._..
.~. -.., . .,,"
433
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayo r Sm ith --------------------------------------------------------------------------------------------6.
NAYl): None-----------------------------------------------------------------------------------------Cl.
(Vice-Mayor Harris was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONl): NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager and the
Director of Finance submitted a joint communication advising that capital projects
of all types have been approved by Council for construction over the past years;
projects have included construction In major categories for buildings, parks, streets,
bridges, sanitary sewers, water projects, storm drains, flood reduction and various
technology related projects; funding was established for each project when Council
approved the project based on bids for various project costs, as well as extra
funding for possible contingencies; and some projects have contingency funds
remaining after final expenditures are made because projects are completed within
established budgets.
It was further advised that a number of projects have been completed and can
be closed; total of funds remaining are $469,421.00, which may be transferred from
completed projects to capital projects stili under construction, or to capital
improvement reserve accounts for other future construction. (An attachment to the
communication lists completed projects that may be closed.)
,,11,111II1 TI n.. ~'-___., ."''''W'''''_ __. ~r..."r~. _,,"'., w..".
434
The City Manager and the Director of Finance recommended that Council
adopt a budget ordinance which will transfer funds from completed capital projects
to recommended accounts.
Mr. Dowe offered the following budget ordinance:
(#36372-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Water and Capital Projects Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 376.)
Mr. Dowe moved the adoption of Ordinance No. 36372-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Sm ith .--.--------------...-------------....--------------.---------------....---------------.....6.
NAYSi: N()IlE!-------------.-------------..-------------..---------------.--------------.--------------Cl.
(Vlce.Mayor Harris was absent.)
. BUDGET: The City Manager and the Director of Finance submitted a joint
communication advising that Internal Service Funds account for certain services
provided to departments by other departments of the City; Internal Service Funds
recover their costs by charging the receiving departments for services provided;
budgeted funds for internal services are allocated in the General Fund in each fiscal
year throughout the various departments basE!d on estimated usage; and usage
sometimes varies from original estimates.
It was further advised that budget amounts in Internal Siervlce Funds arE!
established based on expected transactions for the year; and based on certain
higher than anticipated expenses and changes in billing methodology in the areas
of Department of Technology, Fleet and Risk Management; and additional expenses
have been incurred and budget adjustments will be needed for the items.
It was stated that during the current fiscal year, a Ilew telephone system was
installed in a majority of City offices, and a new billing method was necessary to
acc()mmodate the new telephone system; the Department of Technology now pays
telephone charges and bills user departments instead of departments being charged
,......~,.......
.~. .-a. ....,. ,.,..
435
directly; to administratively accommodate the change in billing methodology,
Increases of $163,800.00 in the Department of Technology's revenue and expense
estimates are needed for fiscal year 2003; and no additional funding is necessary for
General Fund departments since telephone charges were already properly budgeted
throughout user departments.
It was further stated that the Fleet Management Fund bills user departments
for vehicle supplies and maintenance and fuel purchases, based on cost; ill the
current fiscal year, the cost of vehicle parts and inventory resupply exceeded the
amounts budgeted by $175,300.00; in addition, fuel prices increased during the year
and were $138,000.00 higher than anticipated; and as a result, increases of
$313,300.00 in Fleet Management revenue and expense estimates are needed for
fiscal year 2003.
It was explained that the City accounts for self-Insured liabilities in its Risk
Management Internal Service Fund, which fund has incurred costs In excess of the
budget during fiscal year 2003, and has billed user funds and departments at
amounts exceeding the original revenue estimates to recover such costs; an
increase of $151 ,716.00 is necessary in various operating accounts to cover claims
and repair costs In excess of the budget; an increase of $162,000.00 is needed to
cover the rising costs of insurance policies, which have increased as a result of the
events of September 11, 2001; property values have been updated In insurance
policies; workers' compensation medical expenses need an increase of $55,000.00
due to a higher than typical level of medical claims paid; corresponding revenue
adjustments will be made; the General Fund portion of the additional amount
required to fully fund Internal Service Fund charges will be transferred to various
departmental Internal service accounts via a separate Council report; and funding
will be provided from available salary lapse funds.
The City Manager and the Director of Finance recommended adoption of a
budget ordinance to accomplish the above described Internal Service Fund
budgetary adjustments.
Mr. Dowe offered the following budget ordinance:
(#36373-061603) AN ORDINANCE to amend and reordaln certain sections of
the 2002-2003 Department ofTechnology, Fleet Management and Risk Management
Funds Appropriations, and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 380.)
"-"'-:i1'1'IWT""""'r"'" .
....'..'..-......,.... "'n,.
436
Mr. Dowe moved the adoption of Ordinance No. 36373-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Sm ith --------------------------------------------------------------------------------------------6.
NAYl): NClI1El-----------.-------------------------------------.---------------------------------------().
(Vice-Mayor Harris was absent.)
BUDGET -CITY CODE-EMERGENCY SERVICES: The City Manager submitted
a communication advising that the Commonwealth of Virginia authorizes any locality
providing Enhanced 9-1-1 (E911) services to its citizens to Impose a special tax on
the consumers of telephone service, In order to support the cost of operations; on
May 12, 2003, Council adopted an ordinance amending Section 32-276 of the City
Code to IncreasEl the tax to $2.00 per month pElr telephone line, ElffElctive OctobElr 1,
2003; the City of Roanoke is required to notify the registered agent of the service
providers required to collectthe tax at least 120 days prior to the effective date ofthe
increase, in order for the increase to be effective; and notice requirement is
mandated by Section 58.1-3812.A, Code of Virginia, 1950, as amended, to allow time
for telephone companies to adjust their systems for the new rate.
It was further advised that the rElquired notification was not sent to the
registered agents ofthe service providers responsible for collecting the tax, in order
to provide for the October 1, 2003 effective date; to provide for the required advance
notification, the effective date ofthe tax increasEl needs to be revised to November 1,
2003; revenue loss associated with a one month delay in the implementation date
is approximately $37,000.00; and while this Implementation delay might cause the
tax to fall below estimate in fiscal year 2004, the variance is not expected to be
significant.
The City Manager recommended that Council repeal an ordinance adopted on
May 12, 2003, amending Section 32.276 of the City Code adjusting the Enhanced
9-1-1 tax to $2.00 per month, effective October 1, 2003; and adopt a measure
amending Section 32-276 of the City Code adjusting the Enhanced 9-1-1 tax to $2.00
per month, effective November 1, 2003.
Mr. Dowe offered the following ordinance:
'"......~,........
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437
(#36374-061603) AN ORDINANCE repealing Ordinance No. 36307-051203,
adopted on May 12, 2003; and amending and reordaining ~32-276, Tax levied;
amount, of the Code of the City of Roanoke (1979), as amended, to provide for an
increase in the special tax imposed on the consumers of telephone service to offset
costs attributable to the enhanced 911 Emergency Telephone System; providing for
an effective date; and dispensing with the second reading by title paragraph of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 382.)
Mr. Dowe moved the adoption of Ordinance No. 36374-061603. The motion
was seconded by Ms. Wyatt.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke against an increase
in the proposed tax. He advised that supporting documentation states that, if levied,
funds will be used to offset recurring maintenance, repair and system upgrades,
costs, and salaries or portions of salaries of dispatchers who are already paid by the
City of Roanoke. He noted that Council recently approved a salary increase for all
City employees and for Council Members. He expressed concern over the plight of
the poor and disadvantaged citizens of Roanoke and for those persons who live on
a fixed Income who cannot afford the luxury of a telephone in these difficult
economic times.
Ordinance No. 36374-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, and Bestpitch-------5.
NAYS: Mayor Sm ith .----------------.----------------------------------------------------------------1.
(Vice-Mayor Harris was absent.)
CITY CODE-CITY MARKET: The City Manager submitted a communication
advising that a committee composed of City staff, Downtown Roanoke, Inc. (DRI)
staff, and Roanoke Market Vendors reviewed and made recommendations to ulJdate
and amend Article III, Public Markets, Sections 24-61 through 24-77, Code ofthe City
of Roanoke (1979), as amended; and such changes are needed In order to meet
operational challenges facing the market and to provide for more efficient
management of the City Market.
""1._-' ...,
...<..,.,.--.~...."..".
438
It was further advised that all changes In the City Code have been
recommended by DRI, through consultation with vendors and voted on by DRl's
Board of Directors; modifications Include changing the allowable hours of use and
authorizing the City Manager to create Rules and Regulations for operation and use
ofthe Market; changes In the rules and regulations include allowing vendors to have
one parking space per permitted license space, with the provision that employees
may not use the parking space for their personal use; several retail merchants have
expressed concern about the potential for vendors who have more than one space
to occupy parking spaces that they do not necessarily need; and the handbook
provides the City Manager with the discretion to address such Issues should they
arise, therefore, concerns can be addressed In the handbook as needed.
The City Manager recommended that Council amend Article III, Public Markets,
Sections 24-61 - 24-77, Code of the City of Roanoke (1979), as amended.
Mr. Bestpitch offered the following ordinance:
(#36375-061603) AN ORDINANCE amending and reordaining Article III, Public
Markets. of Chapter 24, Public Buildings and ProDertv Generallv, of the Code of the
City of Roanoke (1979), as amended, by amending certain sections therein, repealing
Section 24-70, Sign reauired on vehicles used by hucksters or Deddlers, and adding
Section 24-77, Rules and reaulations for use of market SDaces, in order to update
such Article III; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 384.)
Mr. Bestpitch moved the adoption of Ordinance No. 36375-061603. The motion
was seconded by Mr. Fitzpatrick.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke In support of outdoor
dining on the City Market; however, he expressed concern that outdoor dining tables
and chairs take up most of the sidewalk area and leave little room for pedestrians.
Ordinance No. 36375-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Sm Ith _n_________________________________________________________________________________________6.
NAYl5: N()ne--------------------------------------------------_______________________________________ll.
(Vice-Mayor Harris was absent.)
,-". .,-~....
.....-.".......
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439
BLUE RIDGE DISTRICT-WATER RESOURCES: The City Manager submitted a
communication advising that the Blue Ridge Soli and Water Conservation District
(Blue Ridge District) is an autonomous elected body with the mission of promoting
conservation of natural resources, which Is accomplished through educational
programs and technical assistance to citizens living within the Blue Ridge District,
including Henry, Franklin and Roanoke Counties.
It was further advised that soli and water conservation districts were first
established in the 1930's to develop programs to prevent soil erosion and control
floods; the Commonwealth of Virginia now has 47 districts, the role of which has
been expanded to include grant administration and implementation of programs to
control non-point source pollution; Virginia's districts receive funding primarilyfrom
the Virginia Department of Conservation and Recreation (DCR) and technical support
from the Federal Department of Agriculture's, Natural Resources Conservation
Service.
It was explained that the City of Roanoke is eligible to join the Blue Ridge
District, upon petitioning the State Soli and Water Conservation Board; if accepted,
the City would be allotted two representatives on the Blue Ridge District Board of
Directors, which are voluntary service positions with four year terms of service to
be elected by City voters, generally in the fall election cycle; Initially, the Blue Ridge
District Board of Directors would appoint the two positions If the City of Roanoke is
granted membership between regularly scheduled elections; there is no cost
associated with membership; the City would bear certain small election-related
expenses in selecting candidates for the Board of Directors every four years;
however, the District requests voluntary contributions from its member localities to
support programs; most of the localities provide some level of support which is
typically less than $10,000.00 annually; and joining the Blue Ridge District would
enable City residents to utilize the District's educational, technical and grant
programs.
The City Manager recommended that she be authorized to prepare the
necessary documents to petition the State Soli and Water Conservation Board for
membership in the Blue Ridge Soli and Water Conservation District; and, if
approved, to execute documents necessary for the City of Roanoke to become a
member of the District, such documents to be approved as to form by the City
Attorney.
Mr. Cutler offered the following resolution:
.-., """"_1 ..,. .~...
.."'..-..--.
~ . -..'"
440
(#36376-061603) A RESOLUTION authorizing the City Manager to prepare the
necessary documents to petition the State Soli and Water Conservation Board for
the City to become a member ofthe Blue Ridge Soli and Water Conservation District;
and to take other related actions as necessary.
(For full text of Resolution, see Resolution Book No. 67, page 391.)
Mr. Cutler moved the adoption of Resolution No. 36376-061603. The motion
was seconded by Mr. Dowe.
Question was raised that Inasmuch as membership to the Board of Directors
will be composed of elected positions, is it possible for candidates to be listed on
the November, 2003 voting ballot; whereupon, the City Attorney advised that public
hearings must be conducted by the State in each of the localities that are member
districts, and the Attorney General must seek pre clearance through the Justice
Department under the Civil Rights Act, which takes approximately 60 - 90 days, all
of which must occur prior to placing the matter on the voting ballot. He stated that
the existing Board will make interim appointments until elections occur.
Resolution No. 36376-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Sm ith --------------------------------------------------------.-------------------.---------------6.
NAY!): NCllle--..---------------.-----------------.---------------.-.---------------..----------------Cl.
(Vice-Mayor Harris was absent.)
BUDGET-HUMAN DEVELOPMENT -HOUSING/AUTHORITY -GRANTS-HOTEL
ROANOKE CONFERENCE CENTER: The City Manager submitted a communication
advising that CDBG, HOME and ESG funds provide for a variety of activities ranging
from housing and community development to homelessness prevention and
economic development through the U. S. Department of Housing and Urban
Development (HUD); the City has received these entitlement grant funds for over 20
years and must reapply annually to HUD to receive funding; and on May 12, 2003,
pursuant to Resolution No. 36326-C151203, Council authorized filing ofthree separate
fundlllg applications as part of approving the submission of the Anllual Update to
the Consolidated Plan to HUD.
.",."..............,......
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441
It was further advised that the funding release process is underway, and
HUD's letter of approval Is forthcoming granting the City access to Its 2003-2004
CDBG, HOME and ESG entitlement of $3,043,716.00; In addition, $369,870.00
unexpended from prior year accounts and $615,051.00 in anticipated program
income is also included in the appropriation for fiscal year 2003-2004 activities;
acceptance of funds and appropriation to specific accounts Is needed to permit
various projects to proceed; and acceptance of the 2003-2004 HOME entitlement
requires $89,923.00 In local match and no outlay of City funds will be needed to meet
the requirement.
The City Manager recommended that Council take the following actions:
Adopt a resolution accepting the 2003-2004 CDBG, HOME and ESG
entitlement funds as follows, contingent upon receipt of an approval
letter from HUD:
CDBG
HOME
ESG
2003-04 Entitlement
2003-04 Entitlement
2003-04 Entitlement
$2,207,000.00
759,716.00
77.000.00
$3,043,716.00
TOTAL
Authorize the City Manager to execute the required Grant Agreements,
Funding Approval, and other forms required by HUD in order to accept
the funds, to be approved as to form by the City Attorney;
Appropriate $3,043,716.00 entitlement and $615,051.00 In anticipated
program income to revenue and expenditure accounts in the Grant
Fund to be established by the Director of Finance;
Increase revenue estimates In the following CDBG revenue accounts:
Home Ownership Assistance 035-G03-0300.2222
Hotel Roanoke 108
Loan Repay 035-G03-0300-2234
by $ 7,744.00
by $268,202.00
._."~-"..." ,.,~._-_..~ ---
442
Appropriate the above referenced funds to the following CDBG
expenditure accounts:
Hotel Roanoke
108 Loan Repay
035-G03-0330-5135
$275,946.00
Increase the revenue estimates in the following HOME revenue
accounts:
HOME - FY 02
HOME - PI - FY 02
HOME. PI - FY 03
035-090-5324-5320
035-090-5324-5324
035-090-5325-5325
by $16,612.00
by $ 801.00
by $41,329.00
Appropriate the above referenced funds to the following HOME
expenditure accounts:
Connect Four SE
Connect Four SE
035-090-5324-5386
035-090-5325-5386
by $17,413.00
by $41,329.00
Transfer $35,182.00 in CDBG, HOME and ESG accounts from prior
years to projects Included in the 2003-2004 CDBG, HOME and ESG
programs.
Mr. Dowe offered the following budget ordinance:
(#36377 -061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 392.)
Mr. Dowe moved the adoption of Ordinance No. 36377-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, and Mayor
l)l11itl1---------------------------------..---------.-----------------------.----------------------.---------..-----li.
NAYl): NClnEl----------.-----------------------.------------------------------------------------------0.
(Vice-Mayor Harris was absent.) (Council Member Bespltch abstained from voting
inasmuch as his spouse Is employed by the YMCA of the Roanoke Valley, and the
YMCA-Hurt Park will bEl funded, in the amount of $32,297.00, through the program.)
.-,,,.~,........
.".-"...-.
,~. .....M ~.,.,,'~ " .,..
443
Mr. Dowe offered the following resolution:
(#36378-061603) A RESOLUTION accepting the Fiscal Year 2003-2004 funds
forthe Community Development Block Grant (CDBG) program, the HOME Investment
Partnerships program (HOME) and the Emergency Shelter Grant (ESG) program and
authorizing the City Manager to execute the requisite Grant Agreements with the
United States Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 67, page 397.)
Mr. Dowe moved the adoption of Resolution No. 36378-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, and Mayor
Sl11itl1-------------------------------------------------------------.-----------------------------..--------------olio
NAYS: NOI1El---------------------.-------------------------..----------------------------------------Cl.
(Vice-Mayor Harris was absent.) (Council Member Bespitch abstained from voting
Inasmuch as his spouse is employed by the YMCA of the Roanoke Valley, and the
YMCA-Hurt Park will be funded, in the amount of $32,297.00, through the program.)
BUDGET-GRANTS: The City Manager submitted a communication advising
that on March 29, 2002, Council authorized the City Manager to enter Into a contract
with Randall Funding and Development, Inc. (RFD), to provide grant search and
grant writing services; in an effort to support this Initiative, on September 16, 2002,
Council also authorized appropriation of $100,000.00 from the Capital Maintenance
and Equipment Replacement Program (CMERP) funds to be set aside solely for the
purpose of providing the necessary matching funds as grant opportunities arise;
and funds were appropriated to the General Fund, Account No. 001-250-9310-9535,
Transfer to Grant Fund, and funds are available to be transferred to the Grant Fund.
It was further advised that currently, RFD l1as been authorized to write and
submit more than $4.4 million of grant opportunities; to date, proceeds have bElen
awarded in the total amount of $789,207.00; matching funds are anticipated to be
needed for two grant opportunities currently in the process of being written; and in
anticipation thereof, Council is requested to appropriate CMERP funds into an
appropriate account forthe purpose of making the matching funds available for use
after June 30, 2003.
-------::T1'IIIrT'"',-- ".,-__~-~-..., ..00-<_....... __. ._.~~.~ ~
444
The City Manager recommended that Council authorize the Director of Finance
to establish a Transfer from General Fund revenue estimate, in the amount of
$100,000.00, and appropriate funding in the same amount to an account to be
established In the Grant Fund entitled, "Local Match Funding for Grants", which
account may be used as grants are awarded to provide local match to specific
grants.
Mr. Dowe offered the following budget ordinance:
(#36379-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 398.)
Mr. Dowe moved the adoption of Ordinance No. 36379-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith ------....---------.-..--------..--..-------.-.----.-------..-..-----------.--.----------..-6.
NAYli: NonEl----------------------.-..---------.--..---------.------------.-..-.---------.-----------Cl.
(Vice-Mayor Harris was absent.)
Council Member Cutler requested information on the total contract amount
with Randall Funding and Development, Inc., and a summary of grants received by
the City of Roanoke to date as a result of the contract.
POLICE DEPARTMENT -CITY CODE.TRANSPORT ATION SAFETY-BICYCLISTS:
The City Manager submitted a communication advising that currently, mopeds have
greater power than the mopeds of years past and have become popular among
teenagers In the City of Roanoke; higher powered mopeds are frequently operated
on City streets by juveniles who have not received driver training; improper use of
mopeds causes serious traffic problems, as well as unnecessary accidElnts; thEl
Police Department has investigated moped accidents which would have been
preventable with proper operation ofthe moped; dUEl to lack of a rElgistration system
for mopeds, the Police Department continues to experience difficulty Investigating
reported thefts of mopeds; and mopeds are often uSEld as a method of trafficking
drugs.
.,.,',~.....
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445
It was further advised that the Code of Virginia, Sections 15.2-1720 and 46.2-
915.2 enable municipalities to implement local regulations governing the operation
and registration of mopeds; the City Attorney has drafted an ordinance which
provides for regulation of mopeds and electric power assisted bicycles, which will
help the Police Department to track the operation and ownership of mopeds,
especially those that are operated recklessly, or used in illegal drug trade; and
Implementation of the ordinance will be July 1, 2003, with an effective date to be
delayed for 60 days, to allow for effective registration and education.
It was explained that the proposed ordinance requires receiving monies and
processing paperwork associated with a $5.00 registration fee for the moped; when
a registration is changed from one person to another, or from one moped to another,
a fee of $5.00 will be imposed; when a number plate or tag Is Issued to replace one
that has been mutilated, lost, stolen or misplaced, a fee of $1.00 will be imposed;
when any police officer, or other officer charged with the duty of enforcing the
ordinance, discovers an unregistered moped in any public place in the possession
or control of any person, the officer may take custody of such moped for
Impoundment; impounded mopeds will be released only after showing satisfactory
proof of ownership, payment of $5.00 for storage charges, and proper registration
and display of a tag or number plate by the owner or an agent of the owner; and fees
will be collected for the purpose of defraying costs and expenses incident to
registration of mopeds and complying with provisions of Chapter 20, Motor Vehicles
and Traffic.
The City Manager recommended that the Code of the City of Roanoke (1979),
as amended, be amended, by adding a new Article VII, MODeds. Bicvcles and Electric
Power-Assisted Bicvcles to Chapter 20, Motor Vehicles and Traffic: and authorize
the City Treasurer and the Police Department to establish procedures for the
registration of mopeds.
Mr. Fitzpatrick offered the following ordinance:
(#36380-061603) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new Article VII, MODeds. Blcvcles and Electric
Power-Assisted Blcvcles. to Chapter 20, Motor Vehicles and Traffic; providing for
an effective date; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 399.)
-... ,,1;1;_.1 --rr...., '"._--~' ...,---- _.
446
Mr. Fitzpatrick moved the adoption of Ordinance No. 36380-061603. The
motion was seconded by Mr. Dowe.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke In support of the
proposed ordinance. He stated that he has observed young people under the age
of 16 riding mopeds, and encouraged enactment of a fine for violation of the
ordinance and that parents be held responsible for violations.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke in support of the
proposed ordinance, which is long overdue and addresses a serious problem in the
City of Roanoke. He commended the City on installing bike lanes on Memorial
Bridge and spoke In support of expanding bike lanes, specifically on Wasena Bridge
which is a main access to Wiley Drive; however, he stated that signs have been
erected prohibiting bicycles, although it is not clear whether the signs apply to the
bridge itself. Therefore, he inquired if bikes can be walked across Wasena Bridge,
or would a bicyclist be subject to a fine for walking their bicycle on the sidewalk.
In a discussion of the matter, the City Manager advised that if a police officer
observes a violation of the proposed ordinance, the Individual could be issued a
summons, regardless of residency location. She stated that the issue could be both
over regulated and under regulated, the registration fee is nominal and far less than
the City's cost to institute the program, the goal is to ensure the safety of individuals
operating mopeds, and to ensure that if there Is a problem with a particular moped
In a particular neighborhood, the City would be in a position to better identify the
individual who owns the moped and address the problem on the neighborhood
streets. She suggested that Council adopt the proposed ordinance, as drafted, and
If further refinement is needed, based upon the City's experience in actually
administering the ordinance, the City administration will propose amendments for
consideration by the Council.
Question was raised by Mr. Bestpitch as to whether there has been any
discussion on State wide registration requirements in which each locality would
require every operator to register and to carry some form of identification that would
Indicate the operator's age and place of residence.
The City Manager advised that she was not aware of any discussion on the
topic; however, Mr. Bestpitch, in his role as Chair of the City's Legislative
Committee, could Initiate discussion. She stated that mopeds are a relatively new
phenomina in terms of the latest type of recreational vehicle, and while the City
reviewed ordinances adopted by other jurisdictions, it is not viewed as a State wide
...,,'~,........
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447
Issue, although the City could lobbyforsuch and, through various regional meetings
and other forms of communication, could encourage other localities in the Roanoke
Valley to adopt similar regulations.
There was discussion with regard to enacting a requirement that operators
carry Identification when operating a moped which would reflect age and residency
status; whereupon, the City Attorney advised that he would research the question
and advise Council accordingly.
Questions were raised regarding the requirement of proof of ownership when
applying for a registration; whereupon, the City Attorney advised that titles are not
issued for mopeds by the Division of Motor Vehicles. He stated that In administering
the ordinance, the Police Department will be able to determine Ifthere are problems
with persons falsely claiming ownership.
Ordinance No. 36380.061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayo r Sm ith ...------------------------------.-.-----------------------------....--..-------------------6.
NAYS: NOlle--------------.-..--------------------.-.--------------------------...-------------------().
(Vice-Mayor Harris was absent.)
BUDGET.HUMAN DEVELOPMENT-YOUTH: The City Manager submitted a
communication advising that the Comprehensive Services Act (CSA) established In
1993, provides residential and non.residentlal treatment services to troubled and at-
risk youth and their families through a collaborative system of State and local
agencies, parents and private sector providers; services include mandated foster
care, certain special education services, and foster care prevention; and CSA also
provides services to certain targeted non.mandated populations.
It was further advised that CSA expenditures are projected at $8,972,339.00,
which exceed the CSA appropriation of $8,400,000.00 by $572,339.00 and require an
additional local share of $175,823.00; $396,516.00 of the additional expense will be
reimbursed by the State; and expenditures are over budget due to an increase in the
number of children requiring intensive specialized foster care.
'-"--;:TI'I'IIr"j'--r:-- .....,,-__~
448
The City Manager recommended that Council take the following actions:
Increase the General Fund Revenue estimate by $396,516.00 to CSA
Revenue, Account No. 001-110-1234-0692
Transfer funds in the amount of $175,823.00 for the local share from
Personnel Lapse, Account No. 001-300-9410.1090.
Appropriate funding In the amount of $572,339.00 to the following
accounts:
001-630-5410-3182
001-630-5410-3191
$343,403.00
228.936.00
Mr. Dowe offered the following budget ordinance:
(#36381-061603) AN ORDINANCE to amend and reordaln certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 411.)
Mr. Dowe moved the adoption of Ordinance No. 36381-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Sm ith -------.-.-.--------.--..-.-----..--..--.----...-----------.-.-.---------..---------......--6.
NAY!): NClne----..------......--------------------..----------.-----------.------------------------..CI.
(Vice-Mayor Harris was absent.)
VIRGINIA MUNICIPAL LEAGUE.BUDGET: The City Manager submitted a
communication advising that the City of Roanoke will host the 2003 Virginia
Municipal League Annual Conference on October 19 - 21,2003, and a team of City
staff is planning a memorable event for Conference attendees; the Conference was
previously held In Roanoke in 1996 and 1998 and, on both occasions, expenses
totaled approximately $50,000.00, with a similar budget to be established for the
2003 event; and the Virginia Municipal League will provide $15,000.00 in financial
support to the City of Roanoke as the host locality.
,.,.,.~......
....-..-....
..... ....,.... .... ~ , ....
449
The City Manager recommended that Council transfer $35,000.00 from
Account No. 001-300-9410-2198 to a new multi-year account to be established in the
Civic Facilities Fund by the Director of Finance; establish a revenue estimate of
$15,000.00 for financial support from the Virginia Municipal League and appropriate
an additional $15,000.00 to the same multi-year account, for a total budget of
$50,000.00.
Mr. Dowe offered the following budget ordinance:
(#36382-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Civic Center Fund Appropriations, and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 412.)
Mr. Dowe moved the adoption of Ordinance No. 36382-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Smith --------------.-.--.--------------------------------..-----------------------------------...6.
NAYli: NClI1El-----------------------------------------------------------------------------------------Cl.
(Vice-Mayor Harris was absent.)
Council Member Wyatt called attention to Roanoke Star baskets and Virginia
baskets that are manufactured by Goodwill Industry employees which would ma~e
ideal and symbolic gifts for VML guests and for use Cln other City occasiClns, while
assisting a certain segment of citizens who reside in the Roanoke Valley.
BUDGET-GRANTS-TREES: The City Manager submitted a communication
advising that on April 21, 2003, Council adopted the Urban Forestrv Plan as an
Element of Vision 2001-2020, which Is a ten-year plan designed to help the City
manage Its urban forest for maximum benefit of the City's environment, economy,
and quality of life.
It was further advised that the Plan was prepared with financial assistance
from the Virginia Department of Forestry; in March 2003, the City applied for
additional funding from the Department of Forestry to fund the first year of Plan
implementation; on April 18, 2003, the City was notified by thEl Virginia DepartmElnt
..-... 1I111i..1 "1fT'"'.'
"~...n..,_ _.~ :"IR.nr~rln
450
of Forestry that a $15,000.00 grant will be awarded to the City, upon completion of
a Memorandum of Agreement; and the grant will allow for continuation of the
temporary Urban Forestry Planner position on a part-time basis until May 15, 2004,
who will continue to work with the City's Urban Forester in the Department of Parks
and Recreation.
It was explained that the $15,000.00 Urban and Community Forestry Grant is
a Federal grant, sponsored by the National Forest Service and administered by the
Virginia Department of Forestry; funds are awarded on a reimbursement basis after
verification of the local match; the majority of the City's matching funds will be 680
hours of staff time ($15,075.00) provided by the Urban Forester; for the remainder of
the match, the City will provide $2,804.00 in temporary wages for 180 hours of work
by the temporary Urban Forestry Planner, in addition to $2,200.00 for printing of the
Plan; and project activities to be undertaken include: (a) Communltv Outreach -
public/private partnerships and community involvement; (b) Ordinance Revisions
and Administration - revision of the public tree ordinance and applicable sections
of the Zoning Ordinance; and (c) Tree Plantlna and Protection - tree planting, forest
preservation, interdepartmental cooperation, and work with other government
agencies and major property owners.
The City Manager recommended that Council accept the Urban and
Community Forestry Grant, in the amount of $15,000.00, and authorize the City
Manager and the City Clerk to execute and attest, respectively, an agreement with
the Virginia Department of Forestry and any other forms necessary to accept such
grant, to be approved as to form by the City Attorney; and appropriate $15,000.00 In
Federal funding and establish a corresponding revenue estimate In an account to
be established by the Director of Finance in the Grant Fund.
Mr. Cutler offered the following budget ordinance:
(#36383-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 414.)
Mr. Cutler moved the adoption of Ordinance No. 36383-061603. The motion
was'seconded by Mr. Dowe and adopted by the following vote:
"'''''~.....
.... ...... .... .~ .',..
451
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith --------------------------------------------------------------------------------------------6.
NAYl): NCll1e-----------------------------------------------------------------------------------------Cl.
(Vice-Mayor Harris was absent.)
Mr. Dowe offered the following resolution:
(#36384-061603) A RESOLUTION accepting the Urban and Community Forestry
Grant from the Virginia Department of Forestry, and authorizing the execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 67, page 415.)
Mr. Dowe moved the adoption of Resolution No. 36384-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Sm ith ---------------------------------------------.----------------------------------------------6.
NAYS: N one-------------------------------------------------------------..--------------------------0.
(Vice-Mayor Harris was absent.)
BUDGET-PARKS AND RECREATION-GRANTS-YOUTH: The City Manager
submitted a communication advising that the City of Roanoke continues to provide
for the nutritional needs of children and youth during the summer months through
the Parks and Recreatiol1 Youth Services Division supervised Summer Nutrition
Program; breakfast and lunch Is provided to children throughout the City from
mld-June through early August, with more than 2,600 children/youth having received
lunch and/or breakfast on a daily basis at 19 sites during the summer of 2002; in
2003, four sites were added with twCl other sites pending, and snacks will be offered
during two special after-summer-schClol programs that will operate until 5:30 p. m.
It was further advised that local funds, in the amount of $20,000.00, are
available in the fiscal year 2003 Parks and Recreation Youth Services Division's
budget, Account No. 001-620-8170-2034; additional local funds, in the amOU'1t of
$20,000.00, have been appropriated in the fiscal year 2004 General Fund In the Parks
and Recreation Youth Services Division budget, Account No. 001-620-8170-2034; and
local funds will be used to provide staffing and program materials.
111,1..1 11 ....,.., ...-----....--.~ '''''--- __. ....~"'~.,..,
452
It was explained that funds for the program are provided through the United
States Department of Agriculture Food and Nutrition Service; the program Is similar
in concept to the National School Lunch Program, with eligibility requirements much
like those used to determine eligibility for free or reduced priced meals during the
school year; the purpose of the program is to provide nutritionally balanced, healthy
meals to children ages 1 - 18 and those with special needs; adult, summer staff will
manage the program, with youth hired to assist at food service sites; and the City
is reimbursed on a per meal basis.
The City Manager recommended that Council accept the Summer Food
Program grant, in the projected amount of $143,315.00, and authorize the City
Manager and the City Clerk to execute and attest respectively an agreement with the
United States Department of Agriculture Food and Nutrition Services and any other
forms necessary to accept such grant, to be approved as to form by the City
Attorney; appropriate $143,315.00 in Federal funding and establish a corresponding
revenue estimate in accounts to be established by the Director of Finance in the
Grant Fund; and transfer funding in the amount of $20,000.00 from fiscal year 2003,
Account No. 001-620-8170-2034, and $20,000.00 from fiscal year 2004, Account No.
001-620-8170.2034, in the Parks and Recreation Youth Services Division to the above
established accounts.
Mr. Dowe offered the following budget ordinance:
(#36385-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 416.)
Mr. Dowe moved the adoption of Ordinance No. 36385-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
an d Mayor S m Ith---.--------------..---..--.-----.----.--------------.----..--.------.----------....--------6.
NAYS: Nellle--------.--------.-.----------.------.-.-----.--.---____________._____.___._________.__._Cl.
(Vlce.Mayor Harris was absent.)
,"";,.~.-..IlI...
.."_.,,.....,
..... .4IIA~ ~.. ~...... ."..
453
Mr. Dowe offered the following budget ordinance:
(#36386-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 418.)
Mr. Dowe moved the adoption of Ordinance No. 36386-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Sm ith --------------------------.----.---------------------------..------------------------------.6.
NAYS: N one----------------------.-----.--------------------.-...--------------------------.--.-----0.
(Vice-Mayor Harris was absent.)
Mr. Bestpltch offered the following resolution:
(#36387-061603) A RESOLUTION authorizing acceptance of a grant from the
United States Department of Agriculture Food and Nutrition Service on behalf of the
City to provide nutritionally balanced, healthy meals for children and youth during
the summer months, and authorizing execution of any and all necessary documents
to comply with the terms and conditions of the grant and applicable laws,
regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 67, page 419.)
Mr. Bestpitch moved the adoption of Resolution No. 36387-061603. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Sm ith -.----.--------------.-----------..--.--------.-...-----------------.-----------.--.--- ---6.
NAYS: N one----.--------------.--.----------..-.------------_..---------------.-------------....----0.
(Vice-Mayor Harris was absent.)
0"'_ "lIlT'"''''''
454
BUDGET -CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The City Manager
submitted a communication advising that the fiscal year 2002-2003 General Fund
budget includes funds in the nondepartmental expenditure category for several
personnel related accounts, which are budgeted at estimated amounts Ir. the
nondepartmental cost center since annual charges of each department are difficult
to accurately predict; and actual costs are charged to departments In anticipation
of year-end budget transfers to cover the costs.
It was further advised that salary lapse is one of the items included in the
nondepartmental category, which is the difference in budgeted City employee
salaries and actual salaries; the lapse is created through normal employee attrition
and managed hiring efforts undertaken during the year by City staff; and at year-end,
salary lapse created in departments Is credited against the budgeted total salary
lapse, and any excess salary lapse generated Is spread throughout the various
departments to cover additional personnel and operational needs.
It was noted that operational allocations using excess lapse include
$175,823.00 In additional local share funding for the Comprehensive Services Act
program, which Is recommended to Council In a separate report, $135,000.01) for
snow removal activities and $318,620.00 for additional billings to General Fund
departments for services provided by Internal Service Fund departments, such as
Fleet Management and Risk Management; and other operational uses of personnel
lapse are individually below $50,000.00.
It was stated that Workers' Compensation Is also initially budgeted in the
nondepartmental category; funding has been budgeted as a lump sum in the non-
departmental category in the General Fund to cover workers' compensation wages
and medical expenses; like other personnel related budgets, workers' compensation
budgets are established, non-departmentally, due to the difficulty of predicting
which departments will incur these expenses and to what extent; and a proposed
budget ordinance will allocate the amount in the nondepartmental cost center to
those departments that have incurred actual costs.
It was further stated that the fiscal year 2002-2003 General Fund budget also
included funds in the non-departmental category to cover annual expenditures for
unemployment wages, extended Illness leave payments, and termination leave
wages, as well as an anticipated increase in health and dental insurance, which
budgets should be allocated to appropriate departmental accounts In the same
manner as salary lapse and workers' compensation.
"",,,.~.........
....-.,,-...
..... .... ~.".u~ ....
455
The City Manager recommended that Council authorize transfer of funds
between accounts and the use of excess budgeted personal services.
Mr. Dowe offered the following budget ordinance:
(#36388-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 420.)
Mr. Dowe moved the adoption of Ordinance No. 36388-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith -----------.-.--------------------------------------.--..----------------------------.---.--6.
NAYS: None-....-..-----------------------------......--------------------------------.....-.-------0.
(Vice-Mayor Harris was absent.)
BRIDGES: The City Manager submitted a communication advising that the
1978 Surface Transportation Act enacted by Congress requires that all bridges,
including "off Federal Aid System" structures, must be Included in the annual
inspection program; bridge inspection reports are required on 62 structures in the
City of Roanoke this year; and 28 structures are Inspected annually, 34 structures
are inspected bi-annually, and one tunnel also needs to be inspected.
It was further advised that Council awarded contracts on June 17, 2002, to
Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., for the three year
Bridge Inspection Program, with years two and three to be negotiated based on the
number of structures to be Inspected in each of those subsequent years; Hayes,
Seay, Mattern & Mattern, Inc., has agreed to inspect 31 bridges and one tunnel, at a
cost of $57,000.00 for year two; Mattern & Craig, Inc., has agreed to inspect 31
bridges, at a cost of $55,900.00 for year two; and funding In the amount of
$112,900.00 is available for the second year amendment in Account No. 001-530-
4310-3072 in the fiscal year 2003-04 budget.
._--~~_.
--. ~.._..,..
456
The City Manager recommended that she be authorized to execute separate
Amendments No.1 for consulting services with Hayes, Seay, Mattern & Mattern, Inc.,
and Mattern & Mattern, Inc., In the amounts of $57,000.00 and $55,900.00,
respectively, for the second year (2003) for bridge and tunnel inspection services,
which contracts may be extended for one additional one-year term upon mutual
agreement of the parties, at a fee agreed to by the parties based on the number of
structures to be inspected.
Mr. Dowe offered the following resolution:
(#36389-061603) A RESOLUTION authorizing the City Manager's issuance of
Amendment No.1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for
additional engineering services for the inspections of 31 bridges and one tunnel
(underpass).
(For full text of Resolution, see Resolution Book No. 67, page 424.)
Mr. Dowe moved the adoption of Resolution No. 36389-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Sm Ith -.---------.-...-----------..-..---------..---------.-------------..------------------------6.
NAYl): NCll1e.---------.--.------------..---------..-----------...------------....---------...--------Cl.
(Vice-Mayor Harris was absent.)
Mr. Fitzpatrick offered the following resolution:
(#36390-061603) A RESOLUTION authorizing the City Manager's Issuan.::e of
Amendment No. 1 to the City's contract with Mattern & Craig, Inc., for additional
engineering services for the inspection of 31 bridges.
(For full text of Resolution, see Resolution Book No. 67, page 424.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36390-061603. The
motion was seconded by Mr. Dowe and adopted by the following vote:
,.",.,,-.~"""'"
<~.. ..... ~..." L~.~ .,..
457
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
a nd Mayor Sm ith -..-.--.-------------.---------.------------.-------------.--------------.----.-.----......-6.
NAYS: N one ------------------------------------------------------------------------------.-..-...---0.
(Vice-Mayor Harris was absent.)
CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: The City
Manager submitted a communication advising that recent changes to the City's
ordinance regarding sewer extensions permit the use of private pump stations for
properties that cannot be served by gravity sewer; the proposed ordinance revision
delineates maintenance responsibilities for pump stations and associated force
mains on private property and provides a mechanism for future home buyers to be
notified of this responsibility; and the following amendment is proposed:
(c) If a house or building is constructed at an elevation that does not
permit gravity flow Into the public sewer system, a private pumping
facility shall be constructed for such house or building. The pumping
facility shall be located on private property, with a private pressure-
sewer service line connecting such facility with the public sewer main.
It shall be the responsibility of the owner to maintain the pumping
facility and related lines on the owner's property. No permit to use
such facility shall be issued until such time as there Is recorded In the
Office of the Clerk of Circuit Court a maintenance agreement between
the owner and the City, whereby the owner and the owner's heirs,
grantees, successors In Interest, and assigns, agree to maintain such
facilities.
The City Manager recommended that Council adopt a measure approving the
proposed amendment.
Mr. Fitzpatrick offered the following ordinance:
(#36391-061603) AN ORDINANCE amending and reordaining Section 26-8,
Extension of sanitarv sewers within cltv, of Article I, In General, of Chapter 26,
Sewers and Sewaae DisDosal, Code of the City of Roanoke (1979), as amended,
requiring the recordation of maintenance agreements prior to the Issuance of
permits to use sewer systems utilizing private pumping facilities; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 425.)
.,-- .. "".,
l~-" "".""""., I _
458
Mr. Fitzpatrick moved the adoption of Ordinance No. 36391-061603. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
C111c1 MCllfClr l)rnitl1...------------------------------.----------------------------------.....--------------....li.
NA Yl): None-..-----------.-----------------...-------------------------------...---------------.-.-0.
(Vlce.Mayor Harris was absent.)
BUDGET .REFUSE COLLECTION-ENVIRONMENT AL POLICY: The City Manager
submitted a communication advising that the City of Roanoke has sponsored five
Household Hazardous Waste Collection Days since May 2000, drawing residents
from throughout the Roanoke Valley and utilizing Community Projects accounts set
aside for compliance with the Consent Order between the Virginia Department of
Environmental Quality and the City of Roanoke which was signed in February 2000,
and neighboring local governments have made financial contributions to several of
these events; the Office of Environmental and Emergency Management Is working
to continue the program, and fund the program after fulfilling provisions of the
Consent Order (anticipated by Winter 2003) and has requested additional
contributions for the next fiscal year from neighboring jurisdictions; and the City of
Roanoke's portion is $31,327.00 and will come from NPDES Account No. 008-530-
9736.
It was further advised that the following is a breakdown of the contributions
for Hazardous Waste Collection Day which Is expected to be held in the Fall of 2003:
Roanoke County
City of Salem
Town of Vinton
$ 7,500.00
1,500.00
1.000.00
$10,000.00
The City Manager recommended that Council appropriate $10,000.00 to be
received from other jurisdictions to revenue and expenditure accounts to be
established by the Director of Finance In the Capital Projects Fund; and transfer
funds totalling $31,327.00 from NPDES, Account No. 008-530-9736, to the newly
established account.
Mr. Cutler offered the following budget ordinance:
,,,,,,,.~"""'.
_'_""M""
..._ ..... I. .." w." L" ....,.
459
(#36392-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 428.)
Mr. Cutler moved the adoption of Ordinance No. 36392-061603. The m.:>tion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Smith --.---------...-.-------------------------------------------------.-..----------------------6.
NAYS: NOIlEl....--.--....----------------------------------.-..------------------------------------.-().
(Vice-Mayor Harris was absent.)
AIRPORT: The City Manager submitted a communication advising that during
the past year, the Roanoke Regional Chamber of CommElrce and the Roanoke
Regional Airport Alliance have been working to determine the feasibility of bringing
a low.fare airline to the Roanoke Regional Airport; and a low-fare carrier would
decrease the costs associated with flying from Roanoke Regional Airport, increase
the economic competitiveness of the region, and provide more access to key hubs,
such as Atlanta and New York.
It was further advised that the Alliance contracted with SH&E International Air
Transport Consultancy to conduct an Initial profile of domestic low.fare carriers, and
AirTran Airways has been recommended as the candidate best suited to provide low-
fare service to Roanoke; AirTran provides service using the Boeing 717, a new full-
size commercial aircraft that call carry up to 117 passengers and has its main hub
of operation in Atlanta; a campaign sponsored by the Alliance is now underway to
bring AirTran to Roanoke; the initial phase of the recruitment process Is designed
to demonstrate local demand for a low-fare domestic air carrier; and local
businesses and governments that fly out of Roanoke are being asked to make a
good faith pledge of support by committing to utilize AlrTran for at least 50 per cent
of their estimated business air travel.
It was explained that during the past 12 months, Roanoke's business air travel
has amounted to approximately $25,000.00; a 50 per cent commitment would mean
a pledge of $12,500.00 in air travel to AirTran; Roanoke County has made a similar
pledge; and funding for Roanoke's commitment is provided in various dElpartmental
operating budgets for training and development.
111.1_1 "'1'1''''
"^'-"',...-.-.-.
~, .
460
The City Manager recommended that Council approve a pledge of 50 per cent
of Roanoke's business air travel to AlrTran, and authorize the City Manager to
submit the necessary pledge documents to the Roanoke Regional Airport Alliance.
Mr. Fitzpatrick offered the following resolution:
(#36393-061603) A RESOLUTION expressing the City of Roanoke's intent to
pledge 50 per cent of Roanoke's business air travel to AlrTran; and authorize the
City Manager to complete and submit the necessary pledge documents to the
Roanoke Regional Airport Alliance.
(For full text of Resolution, see Resolution Book No. 67, page 429.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36393-061603. The
motion was seconded by Ms. Wyatt.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke in support of better air
senitce for the Roanoke Valley; however, he expressed concern with regard to the
history of AlrTran as it relates to a number of other cities similar to Roanoke where
AirTran operated for the term of the contract, did not meet Its projected goals and
revenues, and moved on. He stated that other air carriers that were left in the market
were severely damaged, which could happen in the Roanoke Valley as well. He
Inquired if the City is familiar with the details and history of AlrTran operations In
other markets.
The City Manager advised that AirTran has been successful In the
Commonwealth of Virginia in expanding air service, however, it should be noted that
no other airline that is willing to offer a cheaper service and more frequent service
through a travel bank will be excluded; and other cities have been successful In
attracting multiple low cost carriers with this approach.
Resolution No. 36393-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------6.
NAYl5: NClne------.----------------------------------------------------------------------------------0.
(Vice-Mayor Harris was absent.)
,..,.~........
....-....-.
,.... ...-," _.~.~ . .,-
461
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report advising that since
1982, Council has reenacted and recodified the City Code on an annual basis, in
order to properly incorporate amendments In the Code made by the General
Assembly at the previous Session to State statutes that are incorporated by
reference in the City Code; the procedure ensures that ordinances codified In
Roanoke's Code Incorporate the most recent amendments to State law;
incorporation by reference is frequently utilized In local codes to preclude having to
set out lengthy provisions of State statutes in their entirety; and, in addition, the
technique ensures that local ordinances are always consistent with State law as is
generally required.
It was further advised that the procedure whereby a local governing body
Incorporates State statutes by reference after action of the General Assembly has
been approved by the Attorney General; whereupon, the City Attorney recommended
that Council adopt an ordinance to readopt and reenact the Code of the City of
Roanoke (1979). He explained that if the ordinance is not adopted, City Code
sections incorporating provisions of the State Code amended at the last Session of
the General Assembly may not be deemed to include the recent amendments and
may be Impermissibly inconsistent which could result In the dismissal of criminal
prosecutions under these City Code sections.
Mr. Dowe offered the following ordinance:
(#36394-061603) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 430.)
Mr. Dowe moved the adoption of Ordinance No. 36394-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
an d Mayor Smith -------------------..----------------------------------------------------------..-----------6.
NAYS: NOIlEl-----.-------..----------------.---------------------------------------------------------Cl.
(Vice-Mayor Harris was absent.)
IIUI.I "II ..,..,
. .-...- --. ,..,"',.,~,..
462
REPORTS OF COMMITTEES:
BUDGET -GRANTS-SCHOOLS: A report of the Roanoke City School Board
requesting authorization to close-out 52 school grants, with total outlays amounting
to $14,449,240.24, and revenues provided for the grants are as follows:
Federal funds - $8,927,905.65
State funds - $2,563,051.90
Fees and donations - $877,708.40
Local match - $2,080,574.29
A report of the Director of Finance recommending that Council concur in the
request was also before the body.
Ms. Wyatt moved that Council concur In the request of the School Board. The
motion was seconded by Mr. Cutler and adopted.
BUDGET -SCHOOLS: A report of the Roanoke City School Board requesting
appropriation of funds to the following school accounts, was before Council.
$242,500.00 from the fiscal year 2002-03 Capital Maintenance and
Equipment Replacement Fund for construction of a bus washing
building and equipment at the new Transportation Facility.
$169,550.00 for the Addison Community Learning Center for fiscal year
2003-04 to address critical attendance, academic, and parental
involvement needs of the community in a safe, supervised, and
nurturing environment. This continuing program is 100 per cent
reimbursed by Federal funds.
$460,118.00 for the Blue Ridge Technical Academy for fiscal 2003-04 to
provide a business and technical education training program for a
diverse population of students. This continuing program Is funded with
State aid monies, a State ISAEP grant, alternative education matching
funds, facility lease matching funds, local matching funds, and Federal
grant receipts.
A report of the Director of Finance recommending that Council concur in the
request of the School Board was also before the body.
'""" .~.....
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463
Mr. Dowe offered the following budget ordinance:
(#36395-061603) AN ORDINANCE to amend and reordaln certain sections of
the 2002-2003 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 432.)
Mr. Dowe moved the adoption of Ordinance No. 36395-061603. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayo r Sm ith -----------------.--------------------------------------------------------------------------6.
NAYS: NClI1E!-----------.._---------------------------------------------------------------------------Cl.
(Vice-Mayor Harris was absent.)
Mr. Fitzpatrick offered the following budget ordinance:
(#36396-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 433.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36396-061603. The
mCltion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith --------------------------------------------------.-----------------------------------------6.
NAYS: NClI1E!--------------_..------------------------------------------------..----------------------Cl.
(Vice-Mayor Harris was absent.)
UNFINISHED BUSINESS: NONE.
11...1 "IT,'<
.^'"-.---. --.--,.""
464
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council at its
meeting on Monday, June 2, 2003, having tabled a resolution providing for
reconstitution of the Roanoke Neighborhood Partnership Steering Committee as the
Roanoke Neighborhood Advocates, Mr. Cutler moved that the resolution be taken
from the table. The motion was seconded by Mr. Dowe and adopted.
Resolution No. 36397 was again before the Council.
Inasmuch as the item was not listed on the printed agenda, Mr. Bestpitch
suggested that Council entertain discussion/public comment.
Mr. Bestpitch moved that paragraph 5 of the proposed resolution be amended
to delete the following" ...at least four of whom shall be selected from the current
membership of the RNPSC" and Insert the following: "In order to establish the RNA
this Council shall select seven (7) of the initial appointees, at least five (5) of whom
shall be from the current membership of the RNPSC, and the Initial seven (7)
appointees selected by this Council shall select the remaining six (6) members of the
RNA." He explained that there may not be enough active members ofthe RNPSC for
the Council to select five and allow for the RNA to select an additional four members.
The amendment to the resolution was seconded by Mr. Cutler and adopted.
Carl Cooper, current Chair, Roanoke Neighborhood Partnership Steering
Committee, spoke in support of the proposed resolution. He stated that the
resolution is worthy of support, since creation of the Roanoke Neighborhood
Advocates will continue Roanoke's commitment to Its neighborhoods in a tangible
manner; the RNA will continue the tradition and legacy of cooperative teamwork
established byfounders ofthe steering committee; and the resolution mandates that
the RNA will serve as an advocate for neighborhoods, which addresses a major
theme that was heard during the two public hearings of the Ad Hoc Study
Committee. He stated that the resolution clearly provides that the RNA will work
cooperatively with the City, businesses and other organizations and establishes the
RNA as a standing committee of the City.
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465
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that it would appear
that some ofthe most reliable and outspoken neighborhood leaders In the Roanoke
Neighborhood Partnership were not aware that the Item would be considered by
Council at today's meeting, therefore, there appears to be a question of equity in
advising all Interested persons. She called attention to concerns regarding the
method of appointment which provides that Council will appoint a majority of the
membership of the RNA.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., expressed concern that
Council will appoint a majority of the membership of the RNA, when the role cf the
committee is to serve as an advocacy group for neighborhoods and citizens. He
expressed further concern that politics could be an issue because an outspoken
critic on various Issues may not be appointed to serve. Therefore, he suggested that
a majority of the membership of the RNA be appointed by the committee instead of
City Council.
Following further discussion, Resolution No. 36397-061603 was adopted by
the following vote:
AYES: Council Members Cutler, Bestpitch, Dowe, Fitzpatrick, Wyatt and Mayor
l)l11itl1------------------------------------------------------------------------------------------------------------I).
NAYl): NCll1e--------------------------------------------------------------------------------.--------Cl.
(Vice-Mayor Harris was absent.)
CITY EMPLOYEES: Council Member Wyatt requested a report on the
percentage of turnover in City departments over the past three years, in botl1
management and staff positions.
BUDGET -CITY EMPLOYEES: Council Member Wyatt called attention to the
City's new Clvertime policy and certain alleged Instances when staff who qualify for
overtime pay earn more than supervisors who do not qualify for overtime pay. She
requested that inequities, If any, be reviewed by the City Manager.
POLICE DEPARTMENT-NEWSPAPERS-SCHOOLS: Council Member Wyatt
called attention to recent newspaper articles regarding violence in the schools,
which is an emotionally charged Issue. l)he requested that the City Manager ensure
that City of Roanoke police officers are treated fairly as the issue is addressed.
..-, ..,.,"
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466
CITY CODE-ZONING-ANIMALS/INSECTS-COMPLAINTS-NUISANCES: Council
Member Bestpitch referred to a situation where a homeowner is maintaining an
excessive number of pets in a private residence in the City of Roanoke. He
requested that the City Attorney comment on City Code provisions relating to the
number of cats and dogs that may be legally kept in a single family residence.
The City Attorney advised that the City of Roanoke is one of only a few
localities that has placed numerical limits on the number of dogs and cats per
household, and laws currently on the books are satisfactory to address the issue.
(See Sec. 6-27, Code of the City of Roanoke (1979), as amended.) He advised that
the situation referenced by Mr. Bestpitch is difficult to address for a number of
reasons, however, if the case Is prepared and presented properly and if the legal
system follows the City's regulatory ordinance, the matter should be satisfactorily
resolved.
U.S. CONFERENCE OF MAYORS-ACTS OF ACKNOWLEDGEMENT.WATER
RESOURCES: The Mayor announced that the City of Roanoke is the recipient of the
Outstanding Achievement Award in the 2003 City Livability Awards Program - Every
Drop Counts Program, sponsored by the United States Conference of Mayors and
Waste Management. He stated that the City received the award as a result of the
combined efforts of City Council, City staff and citizens of the City of Roanoke.
ACTS OF ACKNOWLEDGMENT-HOUSING/AUTHORITY: Council Member Cutler
called attention to a reception which was held earlier in the day by the Blue Ridge
Housing Development Corp., in celebration of the 1 OOth first time home buyer to use
the Single Family Regional Loan Fund administered by Blue Ridge Housing
Development Corp. and Wachovia.
ACTS OF ACKNOWLEDGMENT-DOWNTOWN ROANOKE, INCORPORATED-
CENTER IN THE SQUARE: Council Member Fitzpatrick called attention to a recent
Center in the Square advertising campaign, and advised that the success of
downtown Roanoke Is due to the efforts of numerous persons/organizations, all
working in a concerted effort. He stated that it is hoped that the leadership of Center
in the Square will continue to work with the City of Roanoke and others in the further
development of downtown Roanoke.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
....,.,~.,,,,,,,,
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467
ANIMALS/INSECTS-COMPLAINTS-NUISANCES: Ms. Faye Rothrock, 621
Walnut Avenue, S. W., complained about a neighbor who has in excess of 57 cats
and dogs in her home in old southwest Roanoke. She called attention to
unfavorable living conditions due to odor from feces and urine and noise from
barking dogs. She stated that the problem has been ongoing for approximately 12
years, despite attempts by residents ofthe area to address the situation through the
Health Department, various City departments, and the court system. She advised
that the Commonwealths' Attorney has instructed residents to engage in civil action;
however, they do not wish to do so because the individual suffers from a disorder
that causes her to hoard animals.
Ms. Debbie Stevens, 607 Walnut Avenue, S. W., advised that she Is surprised,
appalled and confused because residents of the area have gone to court with their
concerns and nothing has been done to correct the situation. She stated that for ten
years she has written letters, gone through the legal system, and talked with City
and State officials about the situation, and It Is difficult to understand why the laws
are not enforced. She added that she cannot enjoy the privacy of her home because
of noise from barking dogs, or open the windows to her home because the odor is
unbearable, and her yard is used as a litter box or place for both dogs and cats to
shed their feces and urine. She inquired as to the status of a proposal that was
developed last year to assist the individual in reducing the number of animals irom
her home so as not to be in violation of the City's animal control ordinance, which
proposal Involved the League of Animal Protection and the local SPCA, by removing
five animals per week from the home, attending to their physical needs, and placing
the animals in new homes.
Ms. Dorie Howard, 627 Walnut Avenue, S. W., played an audio tape of barking
dogs from the residence in question, in order to demonstrate the level of noise that
residents of the area are subjected to on a dally basis. She stated that residents are
frustrated and they do not understand why no action has been taken by the City, and
residents are concerned about the method of disposal of dead animals. She
requested that the City intercede and provide assistance to correct a situation that
Is ruining the neighborhood and the quality of life of Its residents.
ACTS OF ACKNOWLEDGMENT-SCHOOLS: Mr. Chris Craft, 501 East Gate
Avenue, N. E., spoke in support of an elected School Board for the City of Roarioke.
He requested that the City host an activity in recognition ofthe service of Delegates
A. Victor Thomas and Clifton A. Woodrum, III.
1.,'._1 -.r."'
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468
CITY MANAGER COMMENTS: NONE.
Council Member Dowe left the meeting.
At 4:35 p.m., the Mayor declared the meeting in recess for one Closed
Session.
At 5:25 p.m., the meeting reconvened in the City Council Chamber, with all
Members ofthe Council in attendance, with the exception of Vice-Mayor Harris and
Council Member Dowe, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
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. Fitzpatrick and adopted by the following vote:
AYES: Council Members Cutler, Fitzpatrick, Wyatt, Bestpitch and Mayor
l)nnitl1-------------------.----.-..------------------.--.----.------.--------------..--..-.------------------------5.
NAYl): NCll1e--.------------------------..-------------------------.-.-.--.....-----------------...-..ll.
(Vice-Mayor Harris was absent.) (Council Member Dowe left the meeting prior to the
Closed Session.)
COMMITTEES-LIBRARIES-OATHS OF OFFICE: The Mayor advised that there
are three vacancies on the Roanoke Public Library Board, due to expiration of the
terms of office of Michael L. Ramsey, Brooke M. Parrott and the ineligibility of
Rochelle S. Nolan to serve another term; whereupon, he opened the floor for
nominations.
Mr. Cutler placed in nomination the name of Wilburn C. Dibling, Jr.
Ms. Wyatt placed in nomination the names of Michael L. Ramsey and
Brooke M. Parrott.
There being no further nominations, Mr. Dibling was appointed and Mr.
Ramsey and Ms. Parrott were reappointed, as members of the Roanoke Public
Library Board, for terms ending June 30, 2006, by the following vote:
...".~""'"
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469
FOR MESSRS. DIBUNG AND RAMSEY AND MS. PARROTT: Council Members
Cutler, Fitzpatrick, Wyatt, Bestpitch and Mayor Smlth-.--------------------------------~-~---5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES-ROANOKE ARTS COMMISSION-OATHS OF OFFICE: The Mayor
advised that the three year terms of office of Charles E. Jordan, George Kegley,
Susanna Koerber, Kathleen W. Lunsford and Courtney A. Penn as members of the
Roanoke Arts Commission, will expire June 30, 2003; whereupon, he opened the
floor for nominations to fill the vacancies.
Mr. Cutler placed in nomination the name of William B. Hopkins.
Ms. Wyatt placed in nomination the names of Charles E. Jordan, George
Kegley, Susanna Koerber, Kathleen W. Lunsford, and Courtney A. Penn.
There being no further nominations, Mr. Hopkins was appointed, and Messrs.
Jordan and Kegley, Ms. Koerber and Ms. Lunsford were reappointed for terms
ending June 30, 2006, and Mr. Penn was reappointed for a term ending June 30,
2004, as members of the Roanoke Arts Commission, by the following vote:
FOR MESSRS. HOPKINS, JORDAN, KEGLEY, PENN, MS. KOERBER AND MS.
LUNSFORD: Council Members Cutler, Fitzpatrick, Wyatt, Bestpltch and Mayor
Sl11itll--.------._-------------------------------------------------------------------------------.------------------!i.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES-SCHOOLS-OA THS OF OFFICE: The Mayor advised that the four
year term of office of Michael F. Urbanski as a member of the Virginia Western
Community College, Board of Directors, will expire on June 30, 2003;, whereupon,
he called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination tile name of Michael F. UrbanskI.
There being no further nominations, Mr. Urbanski was reappointed as a
member of the Virginia Western Community College, Board of Directors, for a term
ending June 30, 2007, by the following vote:
11.,.._, -.r .~,"..,. '...
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470
FOR MR. URBANSKI: Council Members Cutler, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith --.--.--------------.------------------------------....----------------------------------------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES.PERSONNEL DEPARTMENT-OATHS OF OFFICE: The Mayor
advised that the three year term of office of Virginia B. Stuart as a member of the
Personnel and Employment Practices Commission will expire on June 30, 2003;
whereupon, he called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Virginia B. Stuart.
There being no further nominations, Ms. Stuart was reappointed as a member
of the Personnel and Employment Practices Commission, for a term ending June 30,
2006, by the following vote:
FOR MS. STUART: Council Members Cutler, Fitzpatrick, Wyatt, Bestpitch and
Mayor Sm ith ----------------------------------------------------.------------------------.-..-----------------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
POLICE DEPARTMENT -COMMITTEES-TOWING CONTRACT-OATHS OF
OFFICE: The Mayor advised that the three year terms of office of Thomas A. Wood
and Harold F. Wallick as members of the Towing Advisory Board will expire on
June 30, 2003; whereupon, he called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the names of Thomas A. Wood and Harold F.
Wallick.
There being no further nominations, Messrs. Wood and Wallick were
reappointed as members of the Towing Advisory Board, for terms ending June 30,
2006, by the following vote:
FOR MESSRS. WOOD AND WALLICK: Council Members Cutler, Fitzpatrick,
Wyatt, Bestpitch and Mayor Sm ith-------..-.--------------.----------------.--------------....----------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
Inasmuch as Mr. Wood is not a Roanoke City resident, by consensus of the
Council, the City residency requirement was waived.
..."............,........
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471
COMMITTEES-GREENWAY SYSTEM-OATHS OF OFFICE: The Mayor advised
that the three year term of office of Lucy R. Ellett as a member of the Roanoke Valley
Greenway Commission will expire on June 30, 2003; whereupon, he called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Lucy R. Ellett.
There being no further nominations, Ms. Ellett was reappointed as a member
of the Roanoke Valley Greenway Commission, for a term ending June 30, 2006, by
the following vote:
FOR MS. ELLETT: Council Members Cutler, Fitzpatrick, Wyatt, Bestpltch and
Malforl)l11ltl1---------------------...-.-------------------.-.-----.-------------------.---------------------...-!i.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES.COURT COMMUNITY CORRECTIONS BOARD-OATHS OF
OFFICE: The Mayor advised that the two year term of office of Clifford R. Weckstein
as a member of the Court Community Corrections Program Regional Community
Criminal Justice Board will expire on June 30, 2003; whereupon, he called for
nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Clifford R. Wecksteln.
There being no further nominations, Mr. Weckstein was reappointed as a
member ofthe Court Community Corrections Program Regional Community Criminal
Justice Board, for a term ending June 30, 2005, by the following vote:
FOR MR. WECKSTEIN: Council Members Cutler, Fitzpatrick, Wyatt, Bestpltch
a nd Mayor Sm ith ----------------..----------------....---------------.-----------------------------------.-.5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the one
year terms of office of Lucian Y. Grove, Bill Tanger, Mack D. Cooper, II, Dennis
Tinsley, Edgar Wheeler and Read A. Lunsford as members of the Flood Plain
Committee, will expire on June 30, 2003; whereupon, he called for nominations to
fill the vacancies.
Ms. Wyatt placed in nomination the names of Lucian Y. Grove, Bill Tanger,
Mack D. Cooper, II, Dennis Tinsley and Read A. Lunsford.
-- 11.._1 ..~..
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472
There being no further nominations, Messrs. Grove, Tanger, Cooper, Tinsley
and Lunsford were reappointed as members of the Flood Plain Commltee, for terms
ending June 30, 2004, by the following vote:
FOR MESSRS. GROVE, TANGER, COOPER, TINSLEY AND LUNSFORD:
Council Members Cutler, Fitzpatrick, Wyatt, Bestpitch and Mayor Smith-----------------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES-WAR MEMORIAL: The Mayor advised that the one year terms
of office of Alfred C. Moore, Robert O. Gray, Harold H. Worrell, Sr., and Philip C.
Schirmer as members of the War Memorial Committee will expire on June 30, 2003;
whereupon, he called for nominations to fill the vacancies.
Ms. Wyatt placed In nomination the names of Alfred C. Moore, Robert O. Gray,
Harold H. Worrell, Sr., and Philip C. Schirmer.
There being no further nominations, Messrs. Moore, Gray, Worrell and
Schirmer were reappointed as members of the War Memorial Commitee, for terms
ending June 30, 2004, by the following vote:
FOR MESSRS. MOORE, GRAY, WORRELL AND SCHIRMER: Council Members
Cutler, Fitzpatrick, Wyatt, Bestpitch and Mayor Smith-------_..------------------------------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
PARKS AND RECREATION-COMMITTEES: The Mayor advised that the one
year terms of office of Steven Higgs, Richard Clark and Betty Field as members of
the Mill Mountain Advisory Committee will expire on June 30, 2003; whereupon, he
called for nominations to fill the vacancies.
Ms. Wyatt placed In nomination the names of Steven Higgs, Richard Clark and
Betty Field.
There being no further nominations, Messrs. Higgs, Clark and Ms. Field were
reappointed as members of the Mill Mountain Advisory Committee, for terms ending
June 30, 2004, by the following vote:
....,.--
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473
FOR MESSRS. HIGGS, CLARK AND MS. FIELD: Council Members Cutler,
Fitzpatrick, Wyatt, Bestpitch and Mayor Smith------------------------------------------------------5.
(Vice-Mayor Harris and Council Member Dowe were absent.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF
OFFICE: The Mayor advised that Resolution No. 36397-061603 adopted by Council
on June 16, 2003, provides for appointment of the Roanoke Neighborhood Advocate;
whereupon, he opened the floor for nominations.
Ms. Wyatt placed in nomination the names of Robin Murphy-Kelso, Bob R.
Caudle, Shirley M. Bethel, Carl D. Cooper, Richard J. Nichols and Joseph A. Schupp.
(See July 7,2003 minutes for terms of office.)
There being no further nominations, Messrs. Caudle, Cooper, Nichols,
Schupp, Ms. Murphy-Kelso and Ms. Bethel were appointed as members of the
Roanoke Neighborhood Advocates by the following vote:
FOR MESSRS. CAUDLE, COOPER, NICHOLS, SCHUPP, MS. MURPHY-KELSO
AND MS. BETHEL: Council Members Cutler, Fitzpatrick, Wyatt, Bestpitch and Mayor
Srnitl1---------------------_.------------------------------------------.-------------------------------------------!i.
(Vice-Mayor Harris and Council Member Dowe were absent.)
At 5:30 p.m., the Mayor declared the meeting In recess to be reconvened at
7:00 p.m., in the City Council Chamber.
At 7:00 p.m., on Monday, June 16, 2003, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members M. Rupert Cutler, Alfred T. Dowe, Jr., Beverly T.
Fitzpatrick, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith------6.
ABSENT: Vice-Mayor C. Nelson Harris--------------------------------------------------------1.
__ "WI"
474
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Mayor Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of First Church of God that a tract of land located at 5008 Hildebrand Road,
N. W., identified as Official Tax No. 2201401, be rezoned from RS-3, Residential
Single-family District, to C-1, Office District, subject to certain conditions proffered
by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 30, 2003 and Friday, June 6, 2003.
A report of the City Planning Commission advising that the subject property
is a 1.29-acre parcel of land bounded by Hildebrand Road, Curtis Avenue, Hubert
Road and Whitney Avenue, N. W.; a building housing the First Church of God and a
single-family detached dwelling used for the church parsonage are located on the
subject property; and the rezoning request is a result of the proposal of the Church
to expand its facilities on the site.
The City Planning Commission recommended that Council approve the
request for rezoning, as amended by the additional proffer of a brick facade, and
advised that given the proffered conditions of the petition relative to maintaining the
integrity of the adjacent residential neighborhood by specifically addressing site
development, landscaping, and permitted use issues, the City Planning Commission
is of the opinion that the rezoning Is appropriate.
Mr. Dowe offered the following ordinance:
,..., .....--w..,.....
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475
(#36398-061603) AN ORDINANCE to amend ~36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 220, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 438.)
Mr. Dowe moved the adoption of Ordinance No. 36398-061603. The motion
was seconded by Mr. Cutler.
Maryellen F. Goodlatte, Attorney, appeared before Council in support of the
request of her client.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36398-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm Ith --------------------------------------------------------------------------------------------6.
NAYl5: NOlle-----------------------------------------------------------------------------------------ll.
(Vice-Mayor Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request ofVHF, LLC, a Virginia limited liability company, that a tract of land located
at 1736 Grandin Road, S. W., Official Tax No. 1440705, be rezoned from RM-2,
Residential Multi-family, Medium Density District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 30, 2003 and Friday, June 6, 2003.
_0" UI_I II "'..
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476
The City Planning Commission submitted a written report advising that the
subject property is a corner lot located at the intersection of Grandin Road and
Sherwood Avenue, S. W.; the 25,000 square foot parcel contains 100 feet offrontage
on Grandin Road and 250 feet on Sherwood Avenue; a 20 foot Improved alley
(Sweetbrier Lane) runs along the southeastern boundary ofthe parcel of land; a two-
story residential structure, oriented to Grandin Road, is located on the site; and built
in 1926 as a single-family residence, the structure has been converted to a four-unit,
multi-family dwelling.
The City Planning Commission recommended that Council approve the
request for rezoning, with conditions as further amended by the additional proffer
regarding the front setback of any new construction on the site; and the Planning
Commission is of the opinion that proffered permitted uses and conditions that
protect the residential scale of the neighborhood are appropriate.
Mr. Dowe offered the following ordinance:
(#36399-061603) AN ORDINANCE to amend ~36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 439.)
Mr. Dowe moved the adoption of Ordinance No. 36399-061603. The motion
was seconded by Mr. Fitzpatrick.
Steven W. Lemon, Attorney, appeared before Council in support ofthe request
of his client.
The Mayor inquired If there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36399-061603 was adopted by the following vote:
t..",_,_
-...-,,,-..,
.... ..-" ~..~y.~ . .,-
477
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
!)rnitll----------.-------------------------.----------------------------------------------.------------------------li.
NAY!): NClI1El------._---------------------------------------------------------------------------------().
(Vice-Mayor Harris was absent.) (Council Member Cutler was out of the Council
Chamber when the vote was recorded.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Patricia C. Clowzer and Tammy Tester to amend Proffered Conditions set
forth in Ordinance No. 29201-072588, in connection with a tract of land located on
Fugate Road, N. E., identified as Official Tax No. 3101215, the matter was before the
body.
Legal advertisement of the public hearing was published in The RClanClke
Times on Friday, May 30, 2003, and Friday, June 6, 2003.
The City Planning Commission submitted a written report advising tllat the
11,458 square foot parcel is located in a single family residential neighborhood
comprised of a mix of one, one-and-a-half, and tWCl-story homes, all adjoining
properties that are single-family uses; a majority of the surrounding area Is zoned
RM-1, Residential Multifamily, Low Density District; parcels to the south and the west
are zoned RM-1 ; adjacent parcels to the north and east are zoned RM-2, Residential
Multifamily, Medium Density District; and the two abutting parcels, Official Tax Nos.
3101206 and 3101209, combined with the subject parcel, comprised the tract of land
rezoned from RM-1 to RM-2 in July 1988.
It was further advised that the four-unit structure proposed and proffered In
1988 was not constructed; the petitioners purchased the subject property created
by the July 2000 subdivision in February 2003; since proffered conditions are tied
to the land itself, any new construction on the subject parcel must satisfy existing
proffers from tile July 1988 conditional rezoning; and the petitioners propose to
construct a sil1gle-family detached dwelling on the subject property; therefore, It will
be necessary to repeal existing proffers.
111_1 11 ",."
_. .n....,.r.
478
The City Planning Commission recommended that Council approve the
request, with additional proffers regarding the front porch; and given the
surrounding land use pattern and proffered conditions of the petition, the Planning
Commission Is of the opinion that the request is appropriate.
Mr. Dowe offered the following ordinance:
(#36400.061603) AN ORDINANCE to amend ~~36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map,
City of Roanoke, in order to repeal and amend certain conditions presently binding
upon certain property previously conditionally rezoned from RM-1, Residential
Multifamily, Low Density District, to RM-2, Residential Multifamily, Medium Density
District, subject to certain conditions proffered by the applicant; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 441.)
Mr. Dowe moved the adoption of Ordinance No. 36400-061603. The motion
was seconded by Mr. Fitzpatrick.
Patricia C. Clowzer, Petitioner, appeared before Council in support of the
request.
The Mayor inquired If there were persons present who would like to be heard
In connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Memoers,
Ordinance No. 36400-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith _________..._______._.._______._._______.._________...-------.....--------..-------..-.------6.
N~Yl): NOlle---.----------...--------...-------..-------.-.-------.-.------.-.--.-----.---------...--Cl.
(Vice-Mayor Harris was absent.)
,..,,-,-
,....-........
..... ...... ...,,~~. .,...
479
TAXES-BUSINESS INCUBATOR: Pursuant to instructions by the Council, the
City Clerk having advertised a public hearing for Monday, June 16, 2003, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of the Blue Ridge
Small Business Development Center, Inc., d/b/a the New Century Venture Center, for
exemption from local real estate taxation of real property located at 1354 Eighth
Street, S. W., the matter was before the body.
Legal advertisement of the public hearing was published In The Roanoke
Times on Sunday, June 8, 2003.
The City Manager submitted a communication advising that the Blue Ridge
Small Business Development Center, Inc., owns property known as Official Tax Nos.
1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130814 and 1130809,
located at 1354 Eighth Street, S. W.; the property houses the New Century Venture
Center, an incubator for small businesses; and annual taxes due for fiscal year 2003-
2004 are $4,663.34 on an assessed value of $86,400.00 for the land and $299,000.00
for the building.
It was further advised that the Blue Ridge Small Business Development
Center, Inc., petitioned Council on February 7, 2001, for adoption of a measure In
support of the organization obtaining tax-exempt status from the General Assembly
for its property located in the City of Roanoke; Council adopted a resolution, but the
Center did not secure a sponsor during the 2002 Session of the General Assembly
for legislation to have Its property declared tax exempt; and as a result of a
statewide constitutional referendum, during the last session, the General Assembly
enacted legislation requiring approval by the governing body of a city or county for
tax-exempt status; therefore, the New Century Venture Center's petition is dgain
before the Council.
It was noted that on May 19, 2003, Council adopted a revised policy and
procedure in connection with requests from non-profit organizations for tax
exemption of certain property In the City, pursuant to Resolution No. 36331-051903,
adopting a revised Process for Determination of Property Tax Exemption dated
May 19, 2003, effective January 1,2003; the Blue Ridge Small Business Development
Center, Inc., has provided the necessary information required as a result of
adjustments made to the revised local policy prior to the deadline of June 1, 2003;
loss of revenue to the City will be $3,730.68 annually after a 20 per cent service
charge Is levied by the City in lieu of real estate taxes; service charge will be
11"_1 'II
""'-'- __I ~.._,~..
480
$932.66; the Commissioner of the Revenue has determined that the organization Is
not exempt from paying real estate taxes by classification or designation under the
Code of Virginia; and IRS recognizes the Blue Ridge Small Business Development
Center as a 501(c) - tax-exempt organization.
Following the public hearing, the City Manager recommended that Council
authorize the Blue Ridge Small Business Development Center, Inc., to be exempt
from local real estate taxation, pursuant to Article X, Section 6(a)6 ofthe Constitution
of Virginia.
Mr. Fitzpatrick offered the following ordinance:
(#36401-061603) AN ORDINANCE exempting from real estate taxation certain
property of the Blue Ridge Small Business Development Center, Inc., located in the
City of Roanoke, an organization devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing with
the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 443.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36401-061603. The
motion was seconded by Mr. Dowe.
Lisa C. Ison, President, The New Century Venture Center, appeared before
Council in support of the request.
The Mayor inquired if there were persons present who would like to be heard
In connection with the matter; whereupon, Mr. Delvis O. (Mac) McCadden, 2018
Carroll Avenue, N. W., advised that the New Century Venture Center has provided
jobs for many citizens of the Roanoke Valley. He stated that in conjunction with the
New Century Venture Center, programs operated by the Roanoke Redevelopment
and Housing Authority prepare citizens for the job market, and some of those same
citizens have established their own businesses; therefore, in actuality, the City is
getting Its money back. He added that the citizens of Roanoke benefit from the New
Century Venture Center, and tax dollars will be well spent If the request for tax
exemption is approved by the City.
......_,_...
.... ...... .~.,~ . .,-
481
There being no further speakers, the Mayor declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36401-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
an d Mayor Sm ith ---------------------------------------------------------------------------------------------6.
NAYS;: NClIlEl-------------------------------------------------------------------------------------____().
(Vice-Mayor Harris was absent.)
BONDS/BOND ISSUES-BUDGET-ROANOKE CIVIC CENTER: Pursuant to
instructions by the Council, the City Clerk having advertised a public hearing for
Monday, June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be
heard, with regard to the proposed adoption of a resolution authorizing the City to
contract a debt and to issue gelleral obligation public Improvement bonds of the City
(and in anticipation of the issuance thereof general obligation public improvement
bond anticipation notes of the City), in the amount of$52,300,000.00, forthe purpose
of providing funds to pay the costs of acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement
projects of and for City purposes, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, June 2, 2003 and Monday, June 9, 2003.
The City Manager and the Director of Finance submitted a joint
communication advising that the City's Capital Improvement Program Includes a
project for Civic Center Improvements - Phase II; the project, currently under
design, includes construction of a new exhibit hall, a new kitchen, new
locker/training facilities, storage rooms and other renovations to existing buildings
and is budgeted at nearly $15 million; funding for the project will be prClvided by the
Issuance of $14.3 million of Series 2003 gelleral obligation public improvement
bonds, as well as CMERP (Capital Maintenance Equipment Replacement Program)
funding and retained earnings of the Civic Facilities Fund; Council adopted a
resolution of intent on November 19, 2001, authorizing the City to reimburse itself
from the proceeds of General Obligation Bonds to be issued for the project; alld in
order to proceed with planning assoclatEld with the fall issuance of bOllds related to
the project, approval of the bond issuance is needed.
~~...,
482
It was further advised that on May 8, 2003, Council was briefed by the Schools'
Assistant Superintendent for Operations regarding the project scope and tlmeframe
for the Patrick Henry High School project; the project plan includes replacement of
all present buildings, except Gibboney Hall, which will house the library, fine arts,
cafeteria, and gym under one roof, and a new athletic field and track; high school
construction is scheduled to begin in June, 2004, with the new buildings to be
completed in December, 2005, and fields and grounds construction to be completed
in June, 2006.
It was explained that the Patrick Henry High School project has a total budget
of $38 million to be shared by the City and the Schools; the City's share of $19
million is to be funded by the Series 2005 General Obligation Bonds; a Literary Loan
of $7.5 million and a Virginia Public School Authority Bond of $11.5 million are
planned to fund the School's share; the budget includes architectural and
engineering fees of $2.75 million, construction costs of $32.25 million and furniture
and equipment costs of$3 million; and on June 10, 2003, the School Board adopted
a resolution authorizing issuance of $38 million to fund public school improvements.
. It was stated that from the total budget for the Patrick Henry High School
renovation, funding of approximately $2.2 million will be required between now and
June 2004 to cover architectural and engineering expenses related to the project; the
City's share of the cost, $1.1 million, will be provided through issuance of the Series
2005 General Obligation Bonds; and such funding may be appropriated at this time
in anticipation of issuance of the bonds to provide for architectural and engineering
needs through June, 2004.
The City Manager and the Director of Finance recommended that Council hold
a public hearing regarding the issuance of $52.3 million General Obligation Public
Improvement Bonds to fund Phase II Civic Center Improvements and public school
capital improvements; that Council, following the public hearing, adopt a resolution
to authorize issuance of $52.3 million in General Obligation Bonds, which resolution
will also authorize the Director of Finance and the City Managerto award the winning
bid and to affix the interest rates to be borne by the bonds; and the resolution
includes language which declares the City's Intent to reimburse itself from the
issuance of the bond proceeds authorized by the resolution.
The City Manager and the Director of Finance further recommended that
Council appropriate $1.1 million of Series 2005 bond funds to Account No. 031-065-
6066-6896-9137 for architectural and engineering fees related to the Patrick Henry
High School project.
,...,'..-.-
...-.,,-....
....-.
~ .. 0-
483
Mr. Dowe offered the following budget ordinance:
(#36404-061603) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 School Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 463.)
Mr. Dowe moved the adoption of Ordinance No. 36404-061603. The motion
was seconded by Mr. Cutler.
The Mayor Inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Mr. Jim Fields, 17 Ridge Crest Road,
Hardy, Virginia, spoke In support of the renovation of Victory Stadium. He also
spoke in support of constructing a flood wall around Victory Stadium, similar to the
flood wall constructed at the Sewage Treatment Plant, to prevent flooding. He
advised that it makes more sense to spend $8-10 million to renovate Victory Stadium
than to spend $25 million for a new stadium In the wrong location. He stated that
Victory Stadium can be a money making venture if it is properly renovated. and
promoted with more outdoor events between the period of Memorial Day and Labor
Day. He expressed concern that Orange Avenue Is a poor location for a
stadium/amphitheater, and asked that citizens, businesses and City officials work
together to save Victory Stadium.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36404-061603 was adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpltch
and Mayor Smith ---------.-...--------------....-.----------------.-------------------.-----------------...6.
NAYS: None -----------------------------------------------------------------------------------..----0.
(Vice-Mayor Harris was absent.)
JII_I y"
~ _~ ,"n""," ","11,1.
484
Mr. Dowe offered the following resolution:
(#36403-061603) A RESOLUTION authorizing the issuance of fifty-two million
three hundred thousand dollars ($52,300,000.00) principal amount of General
Obligations of the City of Roanoke, Virginia, in the form of General Obligation Public
Improvement Bonds of such City, for the purpose of providing funds to pay the costs
of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public Improvement projects of and for such
City; fixing the form, denomination and certain other details of such bonds;
providing for the sale of such bonds; authorizing the preparation of a preliminary
official statement and an official statement relating to such bonds and the
distribution thereof and the execution of a certificate relating to such official
statement; authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; authorizing and providing for the Issuance and
sale of a like principal amount of General Obligation Public Improvement Bond
anticipation notes in anticipation ofthe issuance and sale ofsuch bonds; delegating
to the City Manager and the Director of Finance certain powers with respect to the
sale and determination of the details of such bonds and notes; and otherwise
providing with respect to the issuance, sale and delivery of such bonds and notes.
(For full text of Resolution, see Resolution Book No. 67, page 448.)
Mr. Dowe moved the adoption of Resolution No. 36403-061603. The motion
was seconded by Mr. Bestpltch and adopted by the following vote:
AYES: Council Members Cutler, Dowe, Fitzpatrick, Wyatt, Bestpitch
and Mayor Sm ith ------.-----------.-------------.---------..-----------.-----------..-----------.-----------6.
NAYS: NCllle-.--------..--------------------......-.-----.-.---------...--------...----------...-----Cl.
(Vlce.Mayor Harris was absent.)
Council Member Cutler left the meeting.
ZONING: Pursuant tCl instructions by the Council, the City Clerk having
advertised a public hearlllg for Monday, June 16, 2003, at 7:00 p.m., Clr as soon
thereafter as the matter may be heard, with regard to a request of the Presbyterian
Community Center, Inc., and PCC Land Company, LLC, for exemption from local real
estate taxation of certain real and personal property located at 1228 Jamisoll
Avenue, S. E., the matter was before the body.
-."-'''-'
.... .-~
,~ . -
485
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, June 10, 2003.
The City Manager submitted a communication advising that PCC Land
Company, LLC, owns property known as Official Tax Nos. 4120520 and 4120524,
both of which are located at 1228 Jamison Avenue, S. E., the property houses the
Presbyterian Community Center, which is operated by the Presbyterian Community
Center, Inc., a religious association conducted not for profit and the sole member
of the PCC Land Company, LLC; the Center provides emergency economic
assistance of food, utilities, rent, and prescriptions to low-income families, and
educational programs for at-risk youth in southeast Roanoke; annual taxes due for
fiscal year 2003-2004 are $3,333.54 on an assessed value of $90,200.00 for the land
and $185,300.00 for the building; the Center also owns two motor vehicles (both
vans), and requests that the equipment be exempt from personal property taxation;
and annual taxes due for the two vehicles are $300.15 on an assessed value of
$8,770.00.
It was further advised that on May 19, 2003, Council adopted a revised policy
and procedure in connection with requests from non-profit organizations for tax
exemption of certain property in the City, pursuant to Resolution 36331-051903,
adopting the revised Process for Determination of Property Tax Exemption dated
May 19, 2003, effective January 1, 2003; the Presbyterian Community Center, Inc.,
and PCC Land Company, LLC, have provided the necessary information required as
a result of the adjustments made to the City's revised local policy prior to the
deadline of June 1,2003; property located at 1228 Jamison Avenue, S. E., is titled in
the name of PCC Land Company, LCC; however, the Presbyterian Community
Center, Inc., acts as the holding company; since PCC Land Company, LLC, does not
exist from an income tax standpoint, and PCC Land Company, LLC, is a single
member LLC, in which the Presbyterian Community Center, Inc., is and will always
be the only member, tax exemption with respect to the property located at'1228
Jamison Avenue should be granted to both the Presbyterian Community Center, Inc.,
and PCC Land Company, LLC; and the Presbyterian Community Center, Inc., and
PCC Land Company, LLC, do not seek tax exemption for a portion of Official Tax No.
4120520, which is currently leased to other entities.
, It was explained that according to the Commissioner of the Revenue, loss of
revenue to the City of Roanoke will be $1,603.04 after a 20 per cent service charge
is levied by the City in lieu of real estate taxes; the service charge will be $400.72;
the Presbyterian Community Center, Inc., and PCC Land Company, LLC, will
continue to pay taxes in the amount of $1,329.78 on the portion of Official Tax No.
-.-'111_1 Tj'"'.'
,. ."~-'. ~ __m ..~iI.l.IIRI,
486
4120520 which is leased to other entities; the two vans for which personal property
tax exemption is being requested are owned by the Center, and are currently
designated exempt from taxation; therefore, the City will be foregoing $300.15 in
annual personal property taxes; the Commissioner of Revenue has determined that
the organization is currently not exempt from paying real estate taxes by
classification or designation under the Code of Virginia; and the IRS recognizes the
organization as a 501 (c) - tax-exempt organization.
Following the public hearing, the City Manager recommended that Council
authorize the Presbyterian Community Center, Inc., and PCC Land Company, LLC,
exemption from real estate and personal property taxation, pursuant to Article X,
Section 6(a)6 ofthe Constitution of Virginia, effective July 1,2003, ifthe organization
agrees to pay the subject service charge by that date.
Mr. Bestpitch offered the following ordinance:
(#36402-061603) AN ORDINANCE exempting from real estate and personal
property taxation certain property of the Presbyterian Community Center, Inc., and
PCC Land Company, L. L. C., located in the City of Roanoke, organizations devoted
exclusively to charitable or benevolent purposes on a non-profit basis; providing for
an effective date; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 445.)
Mr. Bestpitch moved the adoption of Ordinance No. 36402-061603. The motion
was seconded by Mr. Dowe.
Bruce Stockburger, Attorney, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36402-061603 was adopted by the following vote:
......._-
_."-,,~...,,,
.... .-" ._._~,~,. -
487
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
smith-----------.....------------------------.....-------------------.......-----------------.-.....-------------5.
NAYS: None--------------.-....-------------------......------------------.....---------------------0.
(Vice-Mayor Harris and Council Member Cutler were absent.)
NEIGHBORHOOD ORGANIZATIONs.COMMUNITY PLANNING: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk
having advertised a public hearing for Monday, June 16, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a request to amend Vision
2001-2020 to include the Hurt Park/Mountain ViewlWest End Neighborhood Plan, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 30,2003 and Friday, June 6, 2003; and in The Roanoke Tribune
on Thursday, June 5, 2003.
The City Planning Commission submitted a written report advising that the
subject neighborhood plan comprises three neighborhoods west of downtown--Hurt
Park, Mountain View and West End; Hurt Park is one of the City's designated
conservation districts and has been selected by Council as one of six potential
revitalization areas for the allocation of Community Development Block Grant
(CDBG) funds; Hurt Park and Mountain View both contain areas that are in the City's
H-2, Neighborhood Preservation District; and these three neighborhoods were once
primarily residential, but now have industrial and commercial development on their
edges.
The City Planning Commission recommended that Council adopt the Hurt
Park/Mountain ViewlWest End Neighborhood Plan as a component of Vision 2001.
2020, the City's Comprehensive Plan.
Mr. Dowe offered the following ordinance:
(#36405-061603) AN ORDINANCE approving the Hurt Park/Mountain ViewlWest
End Neighborhood Plan, and amending Vision 2001 -2020, the City's Comprehensive
Plan, to include the Hurt Park/Mountain ViewlWest End Neighborhood Plan; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 464.)
JII_I -.rr"''''''''
.""-'~- _m __'''"I
488
Mr. Dowe moved the adoption of Ordinance No. 36405-061603. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36405-061603 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
5 m ith --------.....----------...-----------...-.---------.....-----------....-----------....-.-----------...------5.
NAYS: None....-------------...-----------....-.----------....------------.-------------------------0.
(Vice-Mayor Harris and Council Member Cutler were absent.)
EAsEMENTs-BRIDGEs-CITY PROPERTY .HOsPIT ALs: Pursuant to action by
the Council, the City Clerk having advertised a public hearing for Monday, June 16,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to
a proposal of the City of Roanoke to convey 0.017 acre of City-owned property and
a revocable license permitting encroachment of a retaining wall, sidewalk and
canopy, with all necessary appurtenances thereto, encroaching approximately 0.063
acre into the public right-of-way of Hamilton Terrace, S. E., to Carilion Health
Systems, in connection with construction and development of a pedestrian bridge,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 6, 2003.
The City Manager submitted a communication advising that CHs, Inc. (Carilion
Health Systems), owner of properties along Hamilton Terrace, S. E., propose to
construct a pedestrian bridge over the Roanoke River; accessory to the bridge, CHs,
Inc., will build a retaining wall and pavilion along Hamilton Terrace, S. E., that will
link the new Riverwalk Parking Deck, via the new pedestrian bridge, to the public
sidewalk along Hamilton Terrace; construction of the pedestrian bridge is tar~eted
to coincide with completion of the parking deck in September 2003; a plat has been
recorded subdividing Official Tax No. 4060101, thereby creating a utility lot which
contains approximately .017 acre; and inasmuch as the estimated assessed value
of the new lot is low, between $300.00 and $500.00, City staff recommends that the
utility lot be conveyed to CHs, Inc., at no charge.
.-,.,-,-
-.,,-"........
.... .....
~ . -
489
It was further advised that the proposed improvements, which include a
retaining wall, sidewalk, canopy and supporting structure, also create an
encroachment into the public right-of-way of Hamilton Terrace; the revocable
encroachment area is of variable width, containing approximately .063 acre (in
addition to the utility lot area), which extends into the right-of-way of Hamilton
Terrace; and liability insurance and indemnification of the City of Roanoke bv the
applicant shall be provided, subject to approval by the City's Risk Manager.
The City Manager recommended that Council authorize conveyance of the
utility lot identified as New Parcel "C", along with appropriate temporary
construction easements; and adopt an ordinance to be executed by the property
owner and recorded in the Clerk's Office of the Circuit Court granting a revocable
license to CHs, Inc., to allow for encroachment of the retaining wall, sidewalk,
canopy and supporting structure into the right-of-way of Hamilton Terrace, S. E.
Mr. Dowe offered the following ordinance:
(#36406-061603) AN ORDINANCE authorizing the City Manager to execute the
necessary documents providing for the conveyance of a .017 acre portion of City-
owned property known as the utility lot identified as New Parcel C of Official Tax No.
4060101, located along Hamilton Terrace, S. E., and temporary constru.ction
easements to Carilion Health Systems ("CHs"), upon certain terms and conditions,
and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 466.)
Mr. Dowe moved the adoption of Ordinance No. 36406-061603. The motion
was seconded by Mr. Fitzpatrick.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter. There being none, he declared the public hearing
closed.
There being no discussion/questions/comments by Council Members,
Ordinance No. 36406-061603 was adopted by the following vote:
1ll_1 TI....."'..
'"'"-..-_I.n....'..III.
490
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
Smith...........................................................................................................5.
NAYS: None........................................................................................-0.
(Vice.Mayor Harris and Council Member Cutler were absent.)
Mr. Dowe offered the following ordinance:
(#36407.061603) AN ORDINANCE granting a revocable license to permit the
encroachment of a retaining wall, sidewalk and canopy, with all necessary
appurtenances thereto, encroaching approximately .063 acre into the public right.of.
way of Hamilton Terrace, S. E., upon certain terms and conditions; and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 67, page 467.)
Mr. Dowe moved the adoption of Ordinance No. 36407-061603. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
smith..........--.............-.............-......................................................................5.
NAYS: None..................................--............-............-............--.............0.
(Vice.Mayor Harris and Council Member Cutler were absent.)
TEA.21: Pursuant to instructions by the Council, the City Clerk having
advertised a public hearing for Monday, June 16, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to consideration of previously
received applications for Federal funds made available through the Transportation
Equity Actfor the 21st Century (TEA-21) for transportation enhancement projects in
fiscal year 2003.04, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, June 8, 2003 and Friday, June 13, 2003.
The City Managersubmitted a communication advising thatthe Transportation
Equity Act for the 21st Century (TEA.21) was signed into Federal law in June 1998,
which action reauthorized the Federal surface transportation programs for six years,
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491
from fiscal year 1998 to fiscal year 2003, replacing the Intermodal Surface
Transportation Efficiency Act (lsTEA); even though TEA-21 will expir.. on
September 30, 2003, Congressional reauthorization is anticipated this fall to
continue the program in a similar form; and current law provides $215 billion in
spending authority for highways and transit, including $3 billion for transportation
enhancement projects.
It was further advised that TEA-21 requires State Departments of
Transportation to set aside ten per cent of their Surface Transportation Program
(sTP) allocation each year for transportation enhancements, which includes activities
such as facilities for pedestrians and bicyclists (such as greenways) and
rehabilitation of historic transportation buildings; and the Virginia Department of
Transportation (VDOT) held a public meeting regarding the TEA-21 enhancement
program in the City of Salem on April 4, 2003, at which time citizens and public
officials were given the opportunity to ask questions and to learn more about the
program.
It was explained that any group or individual may initiate enhancement
projects; however, Council and the Metropolitan Planning Organization must endorse
the applications prior to submittal to the Virginia Department ofTransportatin (V DOT)
by the applicant by July 1, 2003; four enhancement project applications have been
received, as follows; and Commonwealth Transportation Board approval of the
projects is expected to occur after September 2003.
Dumas Center for Artistic and
Cultural Development
$300,000.00
$172,000.00
The O. Winston Link Museum
Roanoke Passenger Station
Renovation & O. Winston Link
Museum
$440,000.00
$990,530.00
Virginia Depot
It was explained that Council resolutions endorsing project applications also
require, according to VDOT, that the City of Roanoke agree to be liable for a minimum
of 20 per cent of the total cost for planning and design, right-of-way and construction
of the project, and, if the City subsequently elects to cancel a project, the City agrees
to reimburse VDOT for the total amount of costs expended by VDOT through the date
-- .....~._<...,~
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492
of cancellation of the project; and an agreement to be executed by the City of
Roanoke and the project applicant will require the applicant to be fully responsible
for the matching funds, and if the project is canceled, the agreement will also require
the applicant to reimburse the City for all amounts due VDOT.
Following the public hearing, the City Manager recommended that Council
endorse project applications by separate resolutions, and agree to pay the respective
percentages ofthe total costfor each project and ifthe City elects to cancel a project,
the City would reimburse VDOT for the total amount of costs associated with any
work completed on the projects through the date of cancellation notice.
The City Manager further recommended that she be authorized to execute
City/State Agreements for project administration, subject to approval of project
applications by VDOT, and that she be authorized to execute a legally binding
agreement with project applicants,. subject to approval of the application being
approved by VDOT, requiring the applicants to be fully responsible for their matching
funds, as well as all other obligations undertaken by the City by virtue of the
City/State Agreement.
Mr. Bestpitch offered the following resolution:
(#36408-061603) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project for the renovation of the
historic Hotel Dumas to create the Dumas Center for Artistic and Cultural
Development.
(For full text of Resolution, see Resolution Book No. 67, page 470.)
Mr. Bestpitch moved the adoption of Resolution No. 36408-061603. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Allison Blanton, 1701 Arlington Road,
S. W., President, Roanoke Valley Preservation Foundation, advised that the
Preservation Foundation, along with the Roanoke Redevelopment and Housing
Authority and the National Railroad Historical Society, have collaborated in a
partnership and hired Hill Studio to draft a grant application for TEA-21 funding for
the Virginia Railway Station. She stated that the passenger station was damaged by
fire in January, 2001, following which various organizations negotiated with Norfolk
Southern to purchase the station, and after considerable negotiations, Norfolk
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493
Southern donated the passenger station to the National Railroad Historical Society.
She stated that the facility is a candidate for TEA-21 funding, inasmuch as it meets
seven out of the 12 criteria; the facility will tie in with the Mill Mountain Greenway
system, and serve as an information and comfort station along the greenway and a
research and archive facility for the National Railroad Historical Society, which will
help to make Roanoke a research center for railroad history with the cumulative
effect ofthe Transportation Museum, the O. Winston Link collection, and the Norfolk
and Western collection at Virginia Tech. She added that the facility will also serve
as a gateway to the South Jefferson Redevelopment Area which was cited in design
guidelines to be developed around the historic railroad buildings in the area. She
advised that the application is supported by several organizations; the facility will be
a great asset to the City of Roanoke; no funds are requested at this time, however,
the Virginia Department of Transportation will be requested to fund approximately
$990,000.00 of the $1.2 million budget; and the match by the Roanoke Valley
Preservation Foundation will come in the form of land donation, as well as volunteer
hours and contribution of the railroad collection.
There being no further speakers, the Mayor declared the public hearing closed.
There being no discussion/questions/comments by Council Members,
Resolution No. 36408-061603 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
smith---.--.-----------------------------....--------------------..-...---------------------------..--------------5.
NAYS: None------------------.--...---------------------.-....------------------------..------------0.
(Vice-Mayor Harris and Council Member Cutler were absent.)
Mr. Dowe offered the following resolution:
(#36409-061603) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project to support the design and
construction of the O. Winston Link Museum's open storage component, the
refurbishment of authentic station benches, and the restoration and installation of
N&W Passenger Station signs.
(For full text of Resolution, see Resolution Book No. 67, page 472.)
-_.. 11._1 -.ri"
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494
Mr. Dowe moved the adoption of Resolution No. 36409-061603. The motion
was seconded by Mr. Fitzpatrick.
Mr. Dowe advised that he serves without remuneration on the Board of
Directors of Center in the Square and inquired if he should abstain from voting on the
resolution.
The City Attorney responded that Mr. Dowe does not have a conflict of interest;
therefore, he could cast his vote on the resolution.
Resolution No. 36409-061603 was adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
smith-..--.--------..-----------.-.----------...----------......-------....----------.....--------....------------5.
NAYS: None------.----------.-.-----------....----------..-.----------..-----------------------------0.
(Vice-Mayor Harris and Council Member Cutler were absent.)
Mr. Bestpitch offered the following resolution:
(#36410-061603) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project to reduce the debt service
incurred to complete the renovation of the Roanoke Passenger Station.
(For full text of Resolution, see Resolution Book No. 67, page 474.)
Mr. Bestpitch moved the adoption of Resolution No. 36410-061603. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Wyatt, Bestpitch and Mayor
smith.---------..---------.---------.--------...-------.....------.....------...--------.....----...---------.---5.
NAYS: None-.....-.---...--------..---------.---------...----_____.________..________.________...____0.
(Vice-Mayor Harris and Council Member Cutler were absent.)
Ms. Wyatt offered the following resolution:
.-"..,-,-
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495
(#36411-061603) A RESOLUTION requesting that the Commonwealth
Transportation Board establish an enhancement project to develop construction
plans for restoration of the Virginian Railway Passenger Station and the adjacent
property.
(For full text of Resolution, see Resolution Book No. 67, page 476.)
Ms. Wyatt moved the adoption of Resolution No. 36411-061603. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Wyatt, Bestpitch and Mayor
lirnitl1--------------------.--.--..------------------------.--.......---------------------..........----------------!5.
NA'fli: NCll1e-----------.-.......-----------------------..-.-------------------------......-.----------Cl.
(Vice-Mayor Harris and Council Member Cutler were absent, and Council Member
Fitzpatrick abstained from voting.)
OTHER BUSINESS:
ARCHITECTURAL REVIEW BOARD: The Architectural Review Board (ARB)
having denied a request for a Certificate of Appropriateness filed by Roland H.
Macher, President, Macher Properties, with regard to property located at 518
Mountain Avenue, S. W., Mr. Macher filed an appeal of the decision of the ARB dated
May 12, 2003.
Mr. Macher appeared before Council and advised that the lights in question
were on the house prior to his purchasing the property; and he proposed to
construct a wrap around porch in an effort to bring some integrity back to the
neighborhood. He stated that there are times when it is difficult to work with the
Architectural Review Board which is composed of seven different people from seven
different backgrounds, therefore, it is sometimes difficult for the Board to reach a
decision, thus, deterring homeowners from appearing before the Board. He
explained that he was instructed to remove the dusk to dawn lights, although dusk
to dawn lights are currently used throughout the old southwest neighborhood, the
lights were removed and he sought guidance from Architectural Review Board staff
as to what type of light should be instal/ed, but no examples were proposed; and he
was later instructed to install a double head spotlight and go through the
Architectural Review Board process once again. He stated that he installeC: two
--, .....~'
496
double head spotlights, with motion detectors, for security purposes, and the ARB
denied his request. He advised that there should be more consistency in ARB
guidelines for old southwest and more guidance by the Board and City staff on
acceptable standards. He asked that Council over rule the decision c.f the
Architectural Review Board, and approve the two double head spot lights, with
motion detectors.
As background, the following information was provided by the Architectural
Review Board:
Mr. Macher applied for a Certificate of Appropriateness on July 28,
2002, for exterior improvements to his property at 518 Mountain Avenue,
S. W.; the two story frame dwelling had sustained fire damage and he
proposed to construct a front porch and replace the windows and
doors.
On August 8, 2002, the Architectural Review Board (ARB) considered
the request; ARB members expressed concern that the proposal lacked
sufficient detail and needed more work; Mr. Macher agreed to have the
matter tabled until the September 12, 2002 meeting of the Board;
members also expressed concern with regard to dusk-to-dawn lights on
the front of the house; and Mr. Macher agreed to remove the lights as
part of his application.
On September 12, 2002, the ARB approved an amended application to
construct the front porch; and prior to the meeting, Mr. Macher removed
the dusk-to-dawn lights.
When the work on the front porch was completed, Mr. Macher
reinstalled the two dusk-to-dawn lights; the agent to the ARB advised
Mr. Macher that the lights were installed without a Certificate of
Appropriateness, the lights would need to be removed and
recommendations were provided for light fixture designs that would be
more appropriate.
On March 27,2003, Mr. Macher submitted an application for a Certificate
of Appropriateness for the two new motion detector floodlights that he
had installed as replacements for the two dusk-to-dawn lights; the
matter was scheduled for the April 10, 2003 meeting of the ARB; Mr.
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497
Macher was not present for the ARB meeting; the ARB considered the
application and a motion to approve the request failed because the
floodlights are not consistent with the H-2 Architectural Design
Guidelines; and Mr. Macher was notified of the denial and of his right to
appeal to Council.
Mr. Macher filed an appeal of the Architectural Review Board's decision
on May 12, 2003, and because the end of the 30 day appeal period fell on
a Saturday, the appeal was accepted 32 days after the decision of the
ARB.
The Architectural Review Board advised that Architectural Design Guidelines
adopted by the ARB and endorsed by Council state that historic light fixtures are an
important part of a building's architectural character and that excessive light
intensity and glare detract from the residential character of the H-2 district; and
guidelines recommend the following considerations when installing new lighting:
"Choose a compatible light fixture from a commercial manufacturer if
a suitable replacement cannot be found; unless a design is specifically
appropriate for your building, choose a light fixture that is simple and
unobtrusive.
Limit the exterior lighting of residential buildings to that necessary for
convenience and safety; in most instances, traditional porch lighting is
adequate.
Install security lighting at the perimeter of the house or garage only
when necessary; limit motion-sensitive and dusk-to-dawn security
lighting to areas not visible from the street frontage; use only low-
voltage lights close to the house to avoid harsh shadows."
The Architectural Review Board recommended that Council affirm its decision
to deny issuance of a Certificate of Appropriateness, in connection with the
abovereferenced property.
There was discussion as to the type of light that would be satisfactory;
whereupon, the Director of Planning and Code Enforcement advised that rather than
submitting examples of the types of lights to be used, the ARB would prefer to review
a proposed plan, and in most instances traditional porch lighting is adequate; the
Board must weigh the impact on not only the architecture of the house, but also the
need associated with this type of lighting that goes beyond traditional porch lighting
~--" III_I -.rr.'
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498
that is synonymous with the time period of the architecture of the house; it is
important for the Board to look at an attachment to a building in the context of the
house itself; and the responsibility is on the property owner to show that what is
proposed is consistent as much as possible with the architecture of the building that
is being considered.
Question was raised as to what would be the appropriate type of lighting for
the house in question; whereupon, Robert N. Richert, Chair, Architectural Review
Board, advised that low wattage, hanging lights with sconce and glass on the sides
would be appropriate in the 1880 to 1920 period of the neighborhood.
Mr. Richert explained that neither the Architectural Review Board nor City staff
IS In a position to provide architectural and/or decorative services to property
owners; however, guidance is provided by staff to those persons who are willing to
listen and to cooperate with the Board; and problems occur when installation,; take
place after the fact and the ARB is asked months later for approval.
There was discussion as to whether or not it would be appropriate for the City
to develop a list of lights that property owners could choose from; whereupon, Mr.
Townsend advised that from a practical and architectural point of view, the type of
light, location, size, and design, should key to the architecture; old southwest has a
number of different architectural types and traditional lighting fixtures have been
applied differently to those architectural styles, so to dictate that there are only x
number of light sources that are allowable in old southwest would be overbearing to
a property owner; and the intent is to provide as much latitude as possible so as not
to restrict what homeowners may use appropriately within the historic district.
Mr. John Shelor, 548 Day Avenue, S. W., spoke in support of the Architectural
Review Board and the guidelines for old southwest. He stated that he has worked
with the ARB in various capacities on several different occasions, num"rous
resources are available to residents of old southwest, and architectural advice is
provided by the ARB/staff to property owners.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that the issue is the
sensibility of installing one light; crime and drugs exist in Old Southwest; motel-like
apartment buildings have been constructed throughout the neighborhood; the
neighborhood will never be a 100 per cent historic district; and anything that Mr.
Macher would do to the house in question would be an improvement to Mountain
Avenue. He stated that the proposed light will not affect the architectural integrity of
the block, and urged that Council over rule the decision of the Architectural Review
Board.
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499
,
In a discusssion of the matter, Mr. Bestpitch spoke in support of strengthening
the Architectural Review Board appeals process to provide that an individual has no
grounds for appeal to the Council if the person has not met with the Architectural
Review Board to discuss suggestions on how to resolve concerns. He asked that the
matter be referred to the City Attorney for report and included on the Council's
Pending Items List.
Based upon the evidence (testimony and documents) presented, Mr. Bestpitch
moved that Council affirm the decision of the City of Roanoke Architectural Review
Board on April 10, 2003, that no Certificate of Appropriateness be issued for the
installation of two dusk-to-dawn lights at 518 Mountain Avenue, S. W., as set forth in
the Request for Certification of Appropriateness dated March 27, 2003, on the
grounds that the proposed installation is not compatible with the H-2 District and
does not enhance those special visual and spatial qualities that the H-2 District was
established to protect. The motion was seconded by Mr. Dowe and adopted, Mayor
Smith voted no.
ARCHITECTURAL REVIEW BOARD: The Architectural Review Board (ARB),
having denied a request for a Certificate of Appropriateness filed by Dana A. Walker,
General Manager, H & W Properties, LLC, with regard to property located at 702
Marshall Avenue, S. W., Mr. Walker filed a written appeal of the decision of the ARB
with the Council dated June 4, 2003.
James R. Patterson, Attorney, representing H & W Properties LLC, advised that
the statute provides that the installation of siding does not require a Certificate of
Appropriateness by the Architectural Review Board. He presented a sample of the
Dutch lap siding that is currently on the house, along with an example of the vinyl
siding proposed by his client, which has the same architectural design and will look
the same when applied. He stated that with the proposed vinyl siding and his client's
offer to install the J channel around the doors and windows, the architectural
defining features of the building will be maintained. He asked that Council overrule
the decision of the Architectural Review Board and allow installation ofthe proposed
vinyl siding.
The following background information was provided by the Architectural
Review Board (ARB):
In April 2003, a citizen reported that vinyl siding was being applied to a
house at 702 Marshall Avenue, S. W., and ongoing work on the house
was stopped pending review by the ARB.
_"" III_I "IT'.-'" ".
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500
Mr. Walker advised staff that he was unaware that a Certificate of
Appropriateness was required for vinyl siding; staff advised that vinyl
siding is permitted in the H-2 district, provided that materials of the
same design are used, and the architecturally defining features of the
building are maintained; existing siding on the house was a
combination of four inch and five inch exposure; installation underway
at the time the work was stopped was using four inch exposure and no
window or door trim; therefore, the project was not using like materials
and required ARB approval.
Mr. Walker filed an application for a Certificate of Appropriateness; on
May 8, 2003, the ARB considered the application and Mr. Walker
proposed different size siding materials and improvements to the front
porch and stated that the ARB should have a more lenient standard for
properties on Day and Marshall Avenues.
Because the existing wood siding and window and door details are
character-defining features of the building, Board members voted
against the application and found that the proposed width of the vinyl
siding was incompatible with the existing wood siding and existing
window and door details, and material samples were not submitted.
Mr. Walker filed an appeal of the ARB's decision on June 5, 2003.
The Architectural Review Board advised that Section 36.1-345 of the Zoning
Ordinance provides: '
"(a) In order to encourage the preservation and enhancement of the
district and encourage the rehabilitation and new construction in
conformance with the existing scale and character of the district, the
architectural review board shall review and approve the erection of new
buildings or structures, including signs, the demolition, moving,
reconstruction, alteration or restoration, of existing structures and
buildings, or reduction in their floor area, including the enclosure or
removal of a porch; and no such erection, demolition, moving,
reconstruction, alteration, restoration, or enlargement or reduction of a
structure, or building, shall be undertaken without the issuance of a
certificate of appropriateness by the board, unless otherwise specified
herein.
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501
(c) The installation or replacement of siding...shall not require a
certificate of appropriateness, provided that such installation or
replacement is performed using materials which are ofthe same design
as those on the building, structure or landmark, and provided that such
installation or replacement maintains the architectural defining features
of the building, structure or landmark."
Following an inspection of the property, it was noted that the ARB Agent
determined that the materials being used were not of the same design and that the
architectural defining features of the building would not be maintained as a result of
the project; therefore, the project was not subject to the exemption noted in Section
36.1-345(c) as referenced above and required a Certificate of Appropriateness.
It was explained that the H-2 Architectural Design Guidelines, adopted by the
ARB and endorsed by Council, recommend that the following be considered when
installing vinyl siding:
Do not replace sound historic siding with new materials to achieve an
"improved" appearance.
Historic wood siding is a distinctive feature that helps to define the
visual characteristics of a building.
Both new and historic siding requires periodic maintenance to give a
building proper weather protection.
Retain existing siding: Identify and keep the original exterior siding
materials as well as any unique siding.
The Architectural Review Board recommended that Council affirm the Board's
decision to deny issuance of a Certificate of Appropriateness for installation of vinyl
siding on the grounds that installation of vinyl siding would not maintain the
architectural defining features of the building and is not appropriate.
R. Brian Townsend, Director, Department of Planning and Code Enforcement,
advised that at the time of the Architectural Review Board meeting, examples of
materials regarding the relationship of design of the replacement vinyl with the
existing lap board was not available, and on two separate occasions during the
discussion, members of the ARB suggested to Mr. Walker that his application be
11__1 "T"'~"'" ,'"
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502
deferred in order to obtain more details related to the nature of the proposed
application and the size of the siding proposed to be used. He explained that it was
further suggested that the applicant take 30 days to work with ARB staff regarding
the details of the application, with the understanding that the following month, the
Board would hear the request; however, he advised that the applicant instead asked
the Board to approve the two amendments to his application on the spot, and the
Board, without the ability to have the level of detail associated with the request, was
uncomfortable in approving the application as presented, and denied the application
by a 4-2 vote.
David Lazarchik, representing Old Southwest, Incorporated, read a statement
approved by the Board of Directors, supporting efforts of the Architectural Review
Board to retain existing forms, features and materials of historic properties, which
are the essence of the historic district. In addition, he stated that Old Southwest
endorses standards of the Secretary of the Interior for rehabilitation, based on the
premise that retention of historic materials including wood siding, features of homes
and craftsmanship, are of primary importance, and use of vinyl or aluminum siding
is not recommended. He stated that Old Southwest opposes the use of synthetic
siding on existing historic properties, unless no other option is available for the
following reasons: (1) replacing or covering wood siding severely diminishes the
unique historic aspects of materials and craftsmanship; in most cases application
of such materials entails removal or coverage of architectural details and also
flattens the three dimensional profile which makes each building unique; (2) changes
to character defining features of a building also alter the visual relationships between
buildings; when such character defining details are covered or removed from a
number of buildings in a historic district, the character of the entire district may be
seriously damaged, which has already occurred on numerous occasions in old
southwest; (3) synthetic siding is used with the implication that it is a maintenance
free product; however, it is frequently used as a cosmetic fix over peeling paint,
stains, or other signs of deterioration which can progress unnoticed to become major
structural problems, and it is not a substitute for proper repairs and ongoing
maintenance; and (4) with the advent of new long duration paints, the argument that
synthetic siding is an economical alternative to a good paint job is not necessarily
valid. In summary, he advised that if Old Southwest is to retain its historic charm, its
uniqueness, and its reputation as one of Virginia's outstanding historic districts, the
use of synthetic siding is inappropriate; and its use on existing historic structures
should not be approved by the Architectural Review Board unless no other option is
available; therefore, Council is requested to uphold the decision of the Architectural
Review Board and deny the appeal.
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503
Mr. Jim Haynes, 545 Day Avenue, S. W., advised that he has lived in Old
Southwest for over ten years and owns other properties in the neighborhood. He
stated that he has enjoyed the multi cultural neighborhoods of Old Southwest; Old
Southwest is a "front porch" neighborhood where one can meet with friends; and Old
Southwest does not have to be an elitist neighborhood, but a well maintained
neighborhood where people are making an investment in their homes. He stated that
vinyl siding is inappropriate, and those persons installing vinyl siding are not the
persons who choose to own properties and to live in the Old Southwest
neighborhood. He spoke in support of improvements to those portions of the
neighborhood that need to be improved, and the neighborhood should return to
single family dwellings.
Mr. John Shelor, 548 Day Avenue, S. W., spoke in support of the Architectural
Review Board. He expressed frustration that some absentee landlords, with multiple
properties, often use the excuse of lack of information, and do not work with the
ARB, while complaining about spending money to maintain the quality of their
properties.
Mr. Marwood L. Harris, 517 Washington Avenue, S. W., invited Council
Members to tour Old Southwest to see first hand the issues that have been
discussed.
Mr. Fitzpatrick moved that the matter be referred back to the Architectural
Review Board, pursuant to Section 36.1-642(d), Code ofthe City of Roanoke (1979),
as amended. The motion was seconded by Mr. Bestpitch and adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-CITY GOVERNMENT-HOUSING AUTHORITY-DISABLED
PERSONS: Mr. George Gunther, 3038 Melrose Avenue, N. W., advised that people
with disabilities and/or representing certain ethnic origins are not properly
represented by the lower courts, magistrates, public defenders and Adult Protective
Services in the City of Roanoke, which has resulted in persons being improperly
incarcerated and/or fined. He called attention to discrimination in housing by the
Roanoke Redevelopment and Housing Authority, specifically at Melrose Towers,
where management should be investigated.
']'._1 '11-r'"''"W'''
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POLICE DEPARTMENT-BUDGET -COMPLAINTS-HOUSING/AUTHORITY -CITY
EMPLOYEES: Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed COlicern
with regard to the overall condition of the City of Roanoke. He referred specifically
to the need for better communications with citizens, improvements to the City's aging
infrastructure, creation of more jobs leading to home ownership for citizens,
sufficient wages for City employees which should not be based on a percentage
increase, assistance for the elderly, and a reduction in Roanoke's crime rate.
There being no further business, at 9:25 p.m., the Mayor declared the meeting
adjourned.
APPROVED
Ralph K. smit~
Mayor
ATTEST: ~
~.~e! ~
City Clerk
'~cr'_"~,_, ..._,_."....~.'"
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505
REGULAR WEEKLY sEssION-----ROANOKE CITY COUNCIL
July 7,2003
9:00 a.m.
The Council ofthe City of Roanoke met in regular session on Monday, July 7,
2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetings,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193-010603 adopted on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday in
each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members Beverly T. Fitzpatrick, Jr., C. Nelson Harris,
William D. Bestpitch, M. Rupert Cutler and Mayor Ralph K. smith--------_..----------------5.
ABSENT: Council Members Alfred T. Dowe, Jr., and Linda F. Wyatt---------------2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
certain authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor sm ith ------------------------------.--------------------------------------------------------------------5.
NA"s: NCll1e---------------------------_______________________---------------------------------------0.
(Council Members Dowe and Wyatt were absent.)
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506
CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that
Council convene in a Closed Meeting to discuss a special award, being the Shining
Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended, was before the body.
Mr. Cutler moved that Council concur in the request of the Mayor to convene
in a Closed Meeting as above described. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor sm ith _.._____..______....______..____......___._..____....__---....----.....-----...------...-----.-5.
NAYS: N one.------...------...------...-------..------...------....-----.....-----.....----......---0.
(Council Members Dowe and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY.CITY PROPERTY.CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss the disposition of publicly-owned property, where discussion in
open meeting would adversely affect the bargaining position or negotiating strategy
ofthe public body, pursuant to ~2.2-3711 (A)(3), Code of Virginia (1950), as amended,
was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Manager
to convene in Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor sm ith.-----....-----..------....----....-----....----...-___....____...._____....___.....___.....__-5.
NA'fl): N()I1El..------..------...-----...-----....----....-----.______..______..._____..______.._____..Cl.
(Council Members Dowe and Wyatt were absent.)
PURCHASE/SALE OF PROPERTY.CITY PROPERTY-CITY COUNCIL: A
communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended, was before the body.
".....-.-~ --.
507
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in Closed Meeting as above described. The motion was seconded by
Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Fitzpatrick, Harris, Bestpitch, Cutler and
Mayor sm ith ----------.....-.---------.-.----------------......--------.--..-----------...----------5.
NA"l5: NCI!le----------.-.--------------.-------------.-------------.-------------.-------------.-----Cl.
(Council Members Dowe and Wyatt were absent.)
Council Member Dowe entered the meeting.
CITY ATTORNEY-CITY COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting for consultation with legal
counsel regarding a specific legal matter requiring the provision of legal advice by
such counsel, pursuant to Section 2.2-3711(A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the City Attorney
to convene in Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch, Cutler and Mayor
l5rnitl1-..--------.-..---------.-.---------..._________...-------....--------..---------....---------..------6.
NA"l5: NCI!le---...---------..---------...--------...-------....--------...--------...--------...-----Cl.
(Council Member Wyatt was absent.)
At 9:05 a.m., the Mayor declared the meeting in recess for one Closed Session.
(Council Member Wyatt entered the meeting during the Closed Session.)
The Council meeting reconvened at 12:00 noon in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith
presiding, and all Members of the Council in attendance.
-~"IrI
508
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION, AND ADDITIONS/DELETIONS TO THE 2:00 P.M. DOCKET:
The City Manager advised that it was intended to engage in a briefing on the
employee survey; however, the individual from Virginia Tech who was to provide the
briefing was unable to be present; whereupon, it was the consensus of Council that
the briefing would be deferred until a later date.
It was also agreed that in view of time constraints, the Fair Housing Ordinance
and Williamson Road Improvements briefings would be held today, and all other
briefings which were listed on the agenda would be deferred until a later date.
The Mayor referred to a report of the Human Services Committee submitting
funding recommendations for fiscal year 2003, and inquired if the City of Roanoke
plans to continue funding of Planned Parenthood of Blue Ridge. If so, he stated his
intent to vote against the budget ordinance at the 2:00 p.m. Council session.
Mr. Cutler requested a printed copy of all grants and grant recipients to be
funded through the Human Services Committee.
Ms. Wyatt advised that concern has been expressed by a citizen that Council
did not follow its rules of procedure when, on Monday, June 16, 2003, it removed
from the table a resolution reconstituting the Roanoke Neighborhood Partnership
Steering Committee and establishing the Roanoke Neighborhood Advocates. She
advised that pursuant to the motion adopted by Council on Monday, June 2,
Council tabled the resolution for at least 30 days to allow time for input by the
Presidents Council; therefore, she stated that she would move for a reconsideration
of the resolution at the 2:00 p.m. session of the Council.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL:
NONE.
AGENDA ITEMS FOR THE AUGUST 4, 2003 JOINT MEETING OF COUNCIL
AND THE SCHOOL BOARD:
Council Member Cutler requested that the agenda include an item in
connection with a projected timetable for completion of all neighborhood plans.
,.-,,-
.- .
509
BRIEFINGS:
HOUSING/AUTHORITY: Rolanda Russell, Assistant City Manager for
Community Development, advised that in June, 2003, the Fair Housing Board was
provided with a copy of a proposed draft of revisions to the Fair Housing Ordinance;
and Board members were asked to review the draft ordinance and submit
suggestions for consideration to the City Attorney's Office. She further advised that
the City Attorney's Office received seven suggested additions to the ordinance; and
two of the suggestions, the inclusion of gays and lesbians to the list of protected
classes and provision of a fine for failure of real estate brokers and others in the
housing business to post nondiscrimination notices, have been determined to be
legally impermissible by the City Attorney's Office. She stated that remaining
suggestions primarily involve a greater role for Board members in the Secretary to
the Fair Housing Board's determination of whether a fair housing violation has
occurred and the decision to conciliate a fair housing dispute. She advised that the
decision of whether to incorporate the Board's suggestions into the proposed Fair
Housing Ordinance rests entirely within the discretion of Council.
The following is a summary of changes that the Fair Housing Board has
requested to the current draft of the new Fair Housing Ordinance; and
strikethroughs indicate the current wording of the ordinance that is to be deleted
and the italicized wording indicates language to be added to the current ordinance:
"1. Section 16-150 - The Board wants to add the following provision
to Section 16-150 below:
"3. Failure to post notice and abide by this policy shall
result in the following;
1. A warning shall be given the first time violation and
given thirty days to post notice.
2. For each violation thereafter there shall be a fine in the
amount of $250.00 payable to housing services and given
30 days to post notice."
-~.'lT1I"
--1rr------
510
~16-150. Notice to be Dosted bv real estate brokers and others in housino
business.
Every real estate broker and every other person in the business
of developing, selling, renting or leasing housing, including every
person who operates a multi-unit residential building containing more
than two (2) 4 units, except a personal residence, shall post, in a
conspicuous location in that portion of his housing business normally
used by him for negotiating the sale, rental or leasing of housing, a
notice that contains the following language, printed in black on a light
colored background, in not less than fourteen (14) point type:
"It is contrary to public policy and to the intent of the Fair Housing
Ordinance of the City of Roanoke, Virginia, for any person to:
"1. Deny housing accommodations to any person because
of race, color, religion, national origin, sex, age, familial
status, e/derliness, handicap, or marital status;" or
"2. Discriminate against any person because of race,
c%r, religion, national origin, sex, age, familial status,
e/derliness, handicap or marital status with respect to the
terms, conditions or privileges of housing
accommodations or in the furnishing of facilities or
services in connection therewith.
2. Section 16-173(b) - The Board wants to add "and Secretary" after Council"
in subsection (b) below:
~16-173. General powers with resDec;t to in.esti9ations. hearinas. etc;.
ResDonsibilities of the board.
In In.king the in weatigations, pursuh1g GonGiliation and perstlasion and
GondtlGting hearings, purstle..t to this dlyision, the board shall hay&
authorit) to hear testhnony tll.del oath, to n.ake findh1gs of faGt and
issue deGisions and WAI nings in aGGo. danG6 liwith the plOll'isions of this
article, and to I"ake and adopt and ptlblish stlc;h I tiles of proc;edtlre as
Ina~ be "aGesaery or ploper for Garf)ing out its funGtiona tinder the
pi o. isions ofthis artide.
.-,.-
.-..
511
(a) The board shall provide information to the public
concerning Federa/, State and City fair housing laws.
(b) The board shall advise City Council about the nature,
causes, and possible solutions to fair housing issues.
(c) The board shall make tenants and land/ords aware of
the resources of the board, and the authority of its
secretary to conciliate fair housing complaints.
3. Section 16-174 - The Board wants to add the following after
"proceedings" in section 16-174 below: "advising, notifying members
of meeting, setting agenda, serves as resource, provide and organize
training, and to help plan activities of the board"
~16.174. Administlator aenerall~.
Secretary to the board.
There shall be an administrator of secretary to the board, not a member
ofthe board, who shall be appointed by the city manager and who.--l'he
administrator or shall serve as secretary of the board and shall be
responsible for keeping the records of the board's proceedings. The
position of the adn1inistrator shall be included in the pa~ and
classification plan of the cit~ and subject to the pro.isions of the cit~'s
personnel ordinances and regulations. The adl'l1inistrator secretary to
the board may be a person otherwise employed by the city and the
duties of the administration of this article may be assigned in addition
to other duties.
4. Section 16-176 (a) - The Board wants to add "members of the fair
housing board" instead of "chair" in section 16-176(a) below.
~16-176. General Drocedure on complaints for discriminatory Dractices;
conciliation and consent agreements.
(a) A complaint alleging the commission of a discriminatory housing
practice, in writing and sworn to or affirmed, may be filed with the
admil1istrator of secretary to the board by the complainant. Such a
complaint shall state the name and address of the complainant and of
the person or persons against whom complaint is made and shall also
state the alleged facts surrounding the alleged commission of a
------..--lIT
-..."--rrr---.'.... ,.........___~
512
discriminatory housing practice, the date the discriminatory housing
practice was allegedly committed and such other information as the
board, by regulation, may require. Upon receipt of such complaint, the
administrator of secretary to the board shall furnish a copy of the same
to the person who allegedly committed, or is about to commit, the
alleged discriminatory housing practice and to the chair of the board.
Forthe protection ofthe privacy ofthe individuals involved, in personal
matters, every complaint shall be held In confidence by the boal d, its
adlninist. ator and employees, unless and until the complainant and the
person complained against consent to its being made public. or until
a hearing, as desuibed in sections 16-177 and 16-178, is begun. No
complaint shall be filed more than thilty (38) days one (1) year after the
date of the alleged discriminatory housing practice.
5. Section 16-176 (d) - The Board wants to add .....and retained in fair
housing records. Before any conciliatory action is taken by the
Secretary it should be brought before the board" after "filed with the
board."
Any conciliation agreement arising out of such
conciliation shall be an agreement between the
respondent and the complainant, and shall be subject to
appro.al by the board. A copy of the agreement shall be
filed with the board.
6. Section 16-177 - The Board wants to add "with the board
concurrence" after "secretary."
~16.177. Procedure when administlator secretary to the board finds lack of
arounds for comDlaint.
If the administrator of secretary to the board determines that a
complaint filed under section 16-176 lacks reasonable grounds upon
which to base a violation of this article, he the secretary to the board
shall give written notice of such determination to the complainant, the
person complained against and the board. The notice shall also state
that the complaint will stand dismissed unless, IN ithin twenty (28) days
after mailing of such notice, the complainallt files ~.ith the board in
WI itil,g a request for a hearing by the board. Upon the filil.g of request
for stJGh hearing. the adnlinistratol of the board shall imn.ediately n1ail
a copy of such I equest to the pel son complained against, together IN ith
,......,-~ .-.
513
notice of the time and place fixed by the board for stich hearing.
Thereafter, and at stich time, the board shall afford the parties and
opporttlnity to appear before the board in person or by cotlnsel. Upon
Stich hearing, the board may, in its discretion, dismiss stich con1plaint
or determine that there are reasol1able grotlnds to believe the alleged
violation of this article has occtlrred.
7. The Board also questioned whether the City could add gays and
lesbians to the list of protected classes."
Ms. Russell called upon David L. Collins, Assistant City Attorney, to review
suggestions of the Fair Housing Board.
1. Section 16-150 - The Board wants to add the following provision to
Section 16-150:
"3. Failure to post notice and abide by this policy shall result in the following:
1. A warning shall be given the first time violation and given 30 days to
post notice.
2. For each violation thereafter there shall be a fine in the amount of
$250.00 payable to housing services and given 30 days to post notice."
The Assistant City Attorney advised that according to State Code it is not
legally permissible to add a $250.00 penalty for non-compliance; whereupon, Ms.
Wyatt suggested that the matter be referred to the City's Legislative Committee.
2. Section 16-173(b) - The Board wants to add "and Secretary" after
"Council" in subsection (b) below:
(b) The board shall advise City Council about the nature, causes, and
possible solutions to fair housing issues.
Mr. Collins advised that there is no legal problem in making the change, which
is at the discretion of Council.
--. ...........--n ----"--rTI'-,... _
514
3. Section 16-174 - The Fair Housing Board would like to add the
following after "proceedings": "advising, notifying members of
meeting, setting agenda, serves as resource, provide and organize
training, and to help plan activities of the Board".
Mr. Collins advised that the current revised draft ordinance provides that there
shall be a secretary to the Board, who is not a member of the Board, who shall be
appointed by the City Manager, and who shall serve as Secretary to the Board and
be responsible for keeping the records of Board proceedings, which essentially
provides that the secretary will keep minutes of the meetings; however, the Fair
Housing Board would like to expand the responsibilities to provide that the
secretary will be responsible for advising and notifying members of meetings,
setting agendas, serving as a resource, providing organized training and helping to
plan activities of the Board.
Ms. Russell advised that the City Administration would have no objection to
the suggestion. She called attention to discussion by the Fair Housing Board that
the title of secretary be changed, although no recommendations were offered by the
Board. The City Manager advised that secretary is a common title used for
numerous staff functions to boards and commissions; I.e.: Architectural Review
Board, City Planning Commission, Board of Zoning Appeals, etc.
Section 16-176 (d) - The Fair Housing Board would like to add "members of
the fair housing board" instead of "chair" .
Mr. Collins explained that the Item pertains to conciliation agreements; the
secretary has the power under the wording of the proposed draft of ordinance to
investigate a dispute, and ifthe secretary believes the matter is worthy of discussion
between the groups, the secretary can arrange for the parties to try and conciliate
the matter. He stated that current wording provides that upon receiving a complaint,
the secretary shall furnish a copy of the complaint to the person who allegedly
committed the discrimination and to the Chair of the Fair Housing Board; however,
the Board wishes to provide that the new ordinance will require that a copy of the
complaint will be given to not only the Chair, but to other members of the Board. He
stated that the City Attorney's Office has taken no position on the matter which is
within the discretion of the Council.
The Assistant City Managerfor Community Development advised thatthe City
Manager has no objection to the suggestion.
,.-..-
515
5. Section 16-176 (d) - The Fair Housing Board would like to add .....
and retained in fair housing records. Before any conciliatory action is
taken by the secretary it should be brought before the board" after
..tiled with the board".
Mr. Collins advised that the ordinance currently provides that any conciliation
agreement arising out of such conciliation shall be an agreement between the
respondent and the complainant and a copy of the agreement shall be filed with the
Board; the Fair Housing Board's suggestion is to add the following, "a copy of the
agreement shall be filed with the Board and retained in the Fair Housing records and
before any conciliatory action is taken by the Secretary, it should be brought before
the Board." He stated that the City Attorney's Office has no comment on the
suggestion which is within the discretion of Council.
Ms. Russell advised that the conciliatory section should be shared with the
Fair Housing Board, as opposed to being brought before the Board, because if there
is a problem in terms of establishing a board meeting and/or establishing a quorum
in order to make a decision, the conciliation process could be delayed. She
proposed that there be further evaluation of the process.
6. Section 16.177 - The Board would like to add "with the board
concurrence" after "secretary."
Mr. Collins advised that this section pertains to that which the secretary finds
lack of grounds for a complaint, in which case the secretary will make a written
determination and forward to the affected parties; the Board would like to have
input into whether a matter mayor may not be considered; therefore, rather than the
secretary solely making the decision of whether or not a matter may be conciliated,
the Fair Housing Board will have input into the decision.
Ms. Russell advised that under the current ordinance, the administrator
(secretary) would make the decision solely, therefore, it would be wise to ensure that
there is some communication between the secretary and the board, but not
necessarily have to wait until the board meets to have input.
There was discussion as to the feasibility of adding additional language to
provide that the secretary will report back to the Fair Housing Board on any actions
on complaints that have been reviewed or considered, which will allow the Board
to stay abreast of and to decide whether it wants to consider any policy issue, and
--,. ..._ If"lt~'"'' ".-~-.""rrl"''''''-''''''''
or '--.r, __..,n,'
516
would enable the focus on the Board to remain a policy function primarily; and if the
Board is kept informed on a regular basis of the types of activities that have been
occurring and if the Board believes that policy needs to be changed in some way to
better address cases individually, it would be the Fair Housing Board's prerogative
to do so.
The City Manager advised that the proposed amendments attempt to place
more emphasis on education relative to the City's fair housing policy, since the State
organization is responsible for hearing official complaints; and the goal is that the
secretary would attempt to resolve an issue on an informal basis so that the issue
never has to be sent to the State office, to cause parties to come together in an effort
to understand the law, and to resolve Issues through education. She expressed
caution insofar as setting policy because policy is established at the State and
Federal levels in terms of what constitutes a violation and what is fair housing law.
The City Manager further clarified that if the complaint cannot be dealt with in
an informal way by the secretary, it must be filed in an official manner with the
appropriate State office, therefore, the proposed ordinance will not establish policy.
She stated that through revisions, City staff has tried to clarify the appropriate role
of the local Fair Housing Board, which is primarily education; however, the
ordinance does offer the opportunity for the secretary to resolve issues on an
informal basis, but if those issues cannot be resolved, they must be referred to the
State.
There was discussion with regard to an appeals process which is currently
not provided for; whereupon, the Assistant City Manager for Community
Development advised that the State currently has the authority; Council previously
stated that it did not want a duplication of services on a local level; and if an appeals
process is provided for, the local Fair Housing Board would find itself involved in a
State function.
The City Manager advised that including the conciliation component
represents a kind of compromise; there has been only one case in approximately 20
years when it was necessary to officially go through a hearing process which was
a quasi-legal process; and she called attention to situations where the City has
advised citizens regarding the landlord/tenant laws.
,.....,--
.-..
517
7. The Fair Housing Board also questioned whether the
City could add gays and lesbians to the list of protected
classes.
The Assistant City Attorney advised that the Attorney General has rendered
a negative ruling on the issue.
Ms. Russell advised that City staff will meet with the Fair Housing Board on
July 28, at which time, Council's comments will be shared with the Board, with the
goal of bringing a revised ordinance to Council for consideration in the near future.
Ms. Russell also advised that the Fair Housing Board will present its Annual
Report to the Council on Monday, July 21,2003.
TRAFFIC: Kenneth H. King, Manager, Streets and Traffic, presented a briefing
on Williamson Road improvements.
Mr. King stated that the information he would present has not changed since
the previous Council briefing on March 3, 2003. He advised that Williamson Road
consists of five lanes, two lanes in each direction, and a continuous right turn lane
in the northbound direction; concerns have been expressed with regard to an
accident problem with vehicles turning left, therefore, it is proposed to create a left
turn lane; and concerns have also been expressed about the speed of traffic and the
general appearance of the roadway, etc. He referred to the previous concept as
presented to Council on March 3 to create a five lane section, with two lanes in each
direction and a center turn lane at certain key points, and a landscaped median
throughout the center area. He explained that there have been some minor
modifications since March 3, at which time Council agreed with the concept and
instructed staff to share the information in the form of an open house with the
community for input. He noted that over 200 letters of invitation were hand delivered
to persons/businesses along the Williamson Road corridor, and the meeting was
advertised by the Williamson Road Action Forum (WRAF) and the Williamson ~oad
Area Business Association (WRABA), and flyers were hand delivered to every
property that fronted on Williamson Road, or within one block of Williamson Road.
He advised that only nine persons attended the open house, with representation by
WRABA and WRAF, the Airlee Court Neighborhood Association, communications
were submitted by Bill Tanger, representing Farrell property interests, and Ben
Burch and Steve Caldwell, representing the Airlee Court neighborhood. He stated
that feedback from the neighborhood was that most persons preferred a treatment
~"n
.-----rrr--... . ~~._.....,.-~., __...'0,'
518
of the corridor throughout its entirety; and at one time there was discussion with
regard to addressing Christian Avenue south at the southern end as a demonstration
project; however, in a further review, City staff believes that if one considers the fact
that the entire roadway currently needs to be repaired and installation of median
islands in the middle of the roadway will disturb pavement around the islands, it
would be wise to pave the road throughout its entirety, which is the recommendation
that staff intends to submit to the Council. He commented that it is also believed
that mature growth trees are critical to create the environment and the atmosphere
that is desired for the area.
Mr. King reviewed a design with landscaping and landscape improvements.
He advised that other citizen/business input involved concerns about median
locations and the impact on businesses; and the stamped median as shown in the
concept plan will be similar to asphalt stamped like a brick design and painted a
brick color to create more of a calming or softening effect of the corridor. He noted
that if cost is a factor, the asphalt stamping could be the first thing to go; those
persons who provided input believed that the landscaped medians were the most
critical component of the plan and should remain in place; and, taking into
consideration all cost factors, public input was to proceed with the stamped
crosswalk marking at the intersections and address the marking at the median if
funds allow.
Mr. King explained that once the road is shifted into the new lane
configuration, the area to be landscaped will be coned off or barricaded with a sign
that says, "Future Landscaped island", because with the limited number of persons
who attended the open forum and provided input, questions will be generated, and
the sign will cause the general public to take notice and make inquiries, which will
then provide the opportunity for City staff to respond, and, depending on feedback,
move forward with construction. He called attention to scheduling issues with
Roanoke Gas Company, who identified at the beginning of this year that they
planned to embark upon a major gas line replacement from Angell Avenue to
Hershberger Road through mid September, which will require that the Williamson
Road project be coordinated around the Gas Company's schedule.
At this point, Mr. King indicated that current pavement markings can be
eliminated and shift to new pavement markings, and median areas can be
barricaded, pending feedback from the public.
'.'-"-
519
Question was raised as to whether a procedure is in place for the City to know
when and where work is to be done by utility companies; whereupon, the City
Manager advised that Roanoke Gas Company has provided the City with its
schedule for the next ten years. She referred to a later briefing on the proposed
pavement cut/utility cut policy by the City Engineer, and if Council concurs in the
recommendation of staff, the City will require utility companies in the future, when
a newly resurfaced roadway is disturbed with a cut, to repave the entire section of
the roadway, which will be a major departure from past procedure, and will be more
expensive, both to contractors and to the City, because the City will be required to
follow the same policy with City utility cuts. She advised that the City is doing a
much better job of coordinating its own utilities.
Mr. King advised that Roanoke Gas Company provided input in the
preparation of the City's annual street paving program. He explained that the City
is accomplishing more improvements on roadways than Roanoke Gas Company can
keep up with, so there will be conflicts simply by nature of the fact that work is being
done all over the City.
In closing, Mr. King advised that the next steps in the process include the
receipt of feedback from the public, if feedback is significant, another open house
could be held, along with individual meetings, and it is hoped to address issues
raised by the public and to proceed with the project following concurrence by
Council.
A concern was raised as to confusion by motorists in maneuvering through
the cones/barricades that were placed on Memorial Bridge, and it was suggested
that tape be used on Williamson Road from cone to cone so that motorists will not
drive between the cones. Mr. King advised that most likely barrels will be used on
Williamson Road which will be easier to maneuver.
Question was raised as to the timetable for addressing the traffic patterns on
Brandon Avenue and Mudlick Road, S. W.; whereupon, Mr. King advised that the
topic is scheduled for more indepth discussion at a later time; however, meetings
have been held to address the Brandon Oaks and Stratford Park Apartments traffic
concerns with regard to alternatives for a common access for development
properties at one point, including signalization, and landscaping on either side ofthe
roadway. He stated that the biggest challenge will be in terms of cost, inasmuch as
installation of landscape medians for the length of the road is estimated at
approximately $209,000.00, stamping of crosswalks at approximately $17,500.00, and
resurfacing cost, which is a part of the City's routine maintenance funding, is about
$174.00 per linear foot.
-- ._.._-n-tr..
..'........-.----
.-..
520
The City Manager advised that in addressing the Williamson Road, Brandon
Avenue and Grandin/Brandon areas, it became obvious that for the future, it will be
necessary to allocate annual funds within the City's operating budget, in addition to
the capital program, in order to accomplish more traffic calming, median
landscaping, etc. She added that the Mudlick/Brandon/Grandin areas are fairly new
developments in terms of the Council's agenda, design funds were set aside and it
is believed that sufficient funds have been appropriated for the Williamson Road
project and a portion of the Brandon Avenue area; however, it may be necessary to
request additional allocation of funds by Council, specifically for Brandon Avenue
at Mudlick Road and Edgewood Street, depending on how receptive property owners
are to making a change at that location.
There was discussion with regard to the appearance of the asphalt stamping,
the procedure for imprinting the surface, durability ofthe surface, traffic pattern from
Angell Avenue to Hershberger Road, a hazardous traffic condition in front of If.lts-
Paper, where motorists back out of the parking lot into oncoming Williamson Road
traffic, landscape maintenance costs, and whether funds are available to assist
private businesses in the refurbishment of their properties, such as If Its Paper, in
order to reconfigure the parking area to prevent motorists from backing out of the
parking lot into Williamson Road.
An observation was made by one Member of Council that parking needs
should be addressed in the 2020 Comprehensive Plan process, City staff should
develop ways to help businesses manage traffic issues, and Council should develop
an overall sense of direction for City staff, such as making traffic issues a condition
to zoning/rezoning of property.
Question was raised ifthe Hill Studio plan for Williamson Road was taken into
consideration in connection with traffic reconfiguration; whereupon, it was stated
that the Hill Studio plan, as well as the Comprehensive Plan, were taken into
consideration, and the recommendation before Council represents a kind of
consensus of both plans. The City Manager advised that City staff is currently
preparing a Williamson Road Area Neighborhood Plan which will contain the best
of the Hill Studio Plan, along with input from the neighborhood.
At 1:10 p.m., the Mayor declared the meeting in recess for continuation of the
Closed Sessions that were previously approved by the Council.
At 1 :55 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
Council Chamber.
<.,.-..-
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At 2:00 p.m., on Monday, July 7,2003, the Council meeting reconvened in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members Alfred T. Dowe, Jr., C. Nelson Harris, Linda F.
Wyatt, William D. Bestpitch, M. Rupert Cutler, and Mayor Ralph K. smith-----------6.
ABSENT: Council Member Beverly T. Fitzpatrick, Jr.-------------------._------ ,--1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Veronica Venable,
Staff Minister, Harvest Ministries, Church of God of Prophecy.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
ORGANIZATIONAL MEETING
CITY COUNCIL: The Mayor advised that the first meeting of Council in the
month of July is considered to be the organizational meeting at which time the
Council will adopt a resolution establishing the days, times and places of regular
meetings to be held by the Council during the ensuing months; whereupon, Mr.
Dowe offered the following resolution:
(#36414-070703) A RESOLUTION establishing a meeting schedule for City
Council forthe Fiscal Year commencing July 1,2003, and terminating June 30, 2004,
and rescheduling one regular meeting to be held in the month of October, 2003.
(For full text of Resolution, see Resolution Book No. 97, page 481)
Mr. Dowe moved the adoption of Resolution No. 36414-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
.__ nlt'"
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522
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor smith--..-----. ____._.___._..___._.___..._____..____._.___.._-6.
NA'(l): N()I1El----....------..-------....----...------...-------..-------.--------.-------....------..-0.
(Council Member Fitzpatrick was absent.)
REGULAR SESSION
PRESENTATIONS AND ACKNOWLEDGEMENTS:
SCHOOLS-DECEASED PERSONS: Mr. Cutler offered the following resolution
expressing sympathy upon the passing of Samuel P. McNeil, former Roanoke City
School Board Chair and former President of the Patrick Henry High School P.T.A.,
who passed away on June 20, 2003:
(#36412-070703) A RESOLUTION memorializing the late Samuel P. McNeil,
former Roanoke City School Board Chairman and a former President of Patrick
Henry High School P.T.A.
(For full text of Resolution, see Resolution Book No. 97, page 478.)
Mr. Cutler moved the adoption of Resolution No. 36412-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor smith..-----...------..------.-------..----....-----.._____.______..______..______...._____.___-6.
NA'(l): N()I1El...----...----...-----...----.....----..-----...--___..____....____...____....___....___-0.
(Council Member Fitzpatrick was absent)
A moment of silence was observed in memory of Mr. McNeil.
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, of forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
..._,-
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523
MINUTES: Minutes ofthe special meeting of Council held on Monday, May 12,
2003, and the regular meeting held on Monday, May 19, 2003, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Cutler moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Harris and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ----------..------------..-----------...----------...----------.-----------...----------..-------6.
NA"s: NClne-----...-----------...------------..-----------..---------....---------...----------...-0.
(Council Member Fitzpatrick was absent.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): Acommunication from Council MemberWilliam D.
Bestpitch, Member, Ad Hoc Steering Committee, to study the role' and
responsibilities of the Roanoke Neighborhood Partnership Steering Committee,
advising that on June 16, 2003, Council adopted a resolution authorizing
reconstitution of the Roanoke Neighborhood Partnership Steering Committee as the
Roanoke Neighborhood Advocates; and the measure further provides that Council
is authorized to select seven ofthe initial appointees, five of whom shall be from the
current membership ofthe Roanoke Neighborhood Partnership Steering Committee,
was before the body.
Mr. Bestpitch further advised that on June 16, Council appointed six of the
seven initial appointees; however, no reference was made to their terms of office;
therefore, with the concurrence of Council, he proposed the following staggered
terms of office, and following completion of the initial terms of office,
reappointments shall be for three year terms:
Joseph A. Schupp
Bob R. Caudle
Robin Murphy-Kelso
Carl D. Cooper
Richard J. Nichols
Shirley M. Bethel
Three Years
Three Years
Two Years
Two Years
One Year
One Year
11I1_ nO"''''
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524
Mr. Cutler moved that Council concur in the communication. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor smith---.....------...-------.------...-------....--------..-------..-.-------...---------6.
NA"l): N()IlEl--...--------...--------......-----...--------....------...--------.....-----.....-------0.
(Council Member Fitzpatrick was absent.)
EAsEMENTs.BUILDINGs/BUILDING DEPARTMENT -NEWsPAPERs.CENTER
IN THE SQUARE: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, July 21, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to encroachments into the public
right-of.way of modular newsracks at Center In The Square and the Sun Trust
Building, was before the body.
The City Manager advised that pursuant to requirements of the Code of
Virginia (1950), as amended, the City is requirEld to hold a public hearing on
proposed encroachments into public rights-of-way.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Harris and ad()pted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ...______...______..._______.._______.._._____...______..._______..______....__._...___--6.
NA"l): N()nEl--....-.--...-.----....----.....----....-.---...--___...____...._____.....____...._____.-0.
(Council Member Fitzpatrick was absent.)
LEASES-WATER RESOURCES: A communication from the City Manager
requesting that Council schedule a public hearing for Monday, July 21, 2003, at
7:00 p.m. or as soon thereafter as the matter may be heard, on a request to enter into
a new lease agreement with Nextel WIP Lease Corp., a DelawarEl general partnership,
d/b/a Nextel Partners, to lease a p()rtioll of the l)ummit Water Tank and ground site,
was before the body.
"......._"._" ,.~."",_.,_....
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525
It was explained that Nextel WIP Lease Corp. has submitted a request to lease
a portion of the Summit Water Tank and ground site, which is located in the area of
4500 Franklin Road, S. W., atthe end of Summit Way Drive, Official Tax No. 5380121,
for the purpose of installing directional antennas, connecting cables and
appurtenances; in order to lease the property, a new lease agreement is required,
as well as a public hearing; terms and conditions of the lease will be in accordance
with the City of Roanoke Policy regarding Wireless Telecommunication Facilities
located on City property dated January 21, 1997; and lease term shall be for four
years, commencing on August 1, 2003 and expiring on July 31,2007, and may be
renewed for up to two five year terms, upon mutual agreement by the parties
involved.
Mr. Cutler moved that Council concur in the request ofthe City Manager. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
RnllJf()rl)rnitl1--...----------....------------....-----------..----------....------------..-------------.------------45.
NA"l): N()ne-----....---------....----------..----------...___------.-------------.-----------.------0.
(Council Member Fitzpatrick was absent.)
AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee Planning
Session which was held on Monday, June 2, 2003, were before the body.
Topics of discussion include: Internal Audit Report, Clerk ofthe Circuit Court
Accounts Payable, Civic Center, Child Day Care, Operations Center, Billings and
Collections, Cash and Inventory Counts, Engagement Letter. Roanoke City Public
Schools.
Mr. Cutler moved that the Minutes be received and filed. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
MlIJf()rsrnitl1..----------..----------..---------...-------....-------....--------...---------..---------.----------45.
NA"l): N()l1e-------------------------------------_____________-------.-------------------------------Cl.
(Council Member Fitzpatrick was absent.)
,...._ Ir"l!-'"''''
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526
PENSIONS: A communication from the Director of Finance advising that
Council was briefed on restatement of the City's Pension Plan in May 2002; pension
plans, such as the City of Roanoke's, are required to meet certain guidelines to
receive favorable tax status; periodically, plans must be requalified to assure that
they have incorporated tax law changes, as well as other potential changes in
Federal guidelines; the City of Roanoke Pension Plan received a favorable letter of
determination from the Internal Revenue Service (IRS), dated May 28, 2003, stating
that it has determined that the Plan continues to be qualified in form under the
Internal Revenue Code; and the determination applies to the restatement adopted
by Council on May 20, 2002, was before the body.
It was further advised that the IRS letter concludes that the Plan meets
applicable requirements of the Code as amended by the collection of laws referred
to as "GUST" (consisting of Uruguay Round AgreementAct ("GATT"), the Uniformed
Service Employment and Reemployment Rights Act of 1994 ("UsERRA"), the Small
Business Job Protection Act of 1996 (the "sBJP Act"), the Taxpayer Relief Act of
1997 ("TRA '97"), the Internal Revenue Service Reform and Restructuring Act of 1997
("RRA '98"), and the Community Renewal Tax Relief Act of 2000 ("CRA); the IRS
letter does not address law changes made by the Economic Growth and Tax Relief
Reconciliation Act of2001 ("EGTRRA"), or the Job Creation and Workers Assistance
Act of 2002 since the IRS has not opened up the determination letter process for
those changes and may not do so until as late as 2005; and nevertheless, as
required by EGTRRA, the Plan has been amended in good faith for the EGTRAA
changes required by June 30, 2003, which provisions were included in the 2002
restatement.
Mr. Cutler moved that the communication be received and filed. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith--------..------.------.....----..----.-.----...---_...____...____.____._.____--6.
NA'fl): NOlle-----.-------..-------...-----...-----...-----...._____..______..._____..______...._____-0.
(Council Member Fitzpatrick was absent.)
..,,-.-
527
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEEs-YOUTH-
LIBRARIES-GREENWAY SYSTEM:
The following reports of qualification were before Council:
W. Richard Clemmer, Jr., as a member of the Youth
Services Citizen Board, for a term ending May 31, 2006;
James Settle as a member of the Parks and Recreation
Advisory Board, for a term ending March 31, 2006;
Michael L. Ramsey as a member of the Roanoke Public
Library Board, for a term ending June 30, 2006; and
Lucy R. Ellett as a member of the Roanoke Valley
Greenway Commission, for a term ending June 30, 2006.
Mr. Cutler moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith---------.....-------------.....-------------...-------------...----------------------------6.
NA"l): N()l1e----------....-------------...------------...-----------...--------------.--------------CI.
(Council Member Fitzpatrick was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): Ms. Wyatt called attention to Resolution No. 36397-
061603 adopted by Council on June 16, 2003, which reconstituted the Roanoke
Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates. She explained that in making his motion at the Council meeting on
Monday, June 2, 2003, Council Member Dowe stated that the resolution should be
tabled for a period of at least 30 days to provide time for input by the Presidents
Council; however, in acting on the resolution on Monday, June 16, Council did not
... rrw _...~".. .~.
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528
abide by the intent of Mr. Dowe's motion. Therefore, Ms. Wyatt moved that
Resolution No. 36397-061603 be reconsidered, in order for the Council to be in
compliance with its previous motion. The motion was seconded by Mr. Cutler and
adopted.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter; whereupon, Ms. Estelle McCadden, 2128 Mercer
Avenue, N. W., spoke in support of reconsideration ofthe resolution so that Council
will be in compliance with its rules of procedure. She stated that she had no
opposition to the intent of the resolution establishing the Roanoke Neighborhood
Advocates, but she was concerned that Council had not followed its motion as
adopted on June 2.
Question was raised as to the status of Resolution No. 36397-061603
inasmuch as the measure has been moved for reconsideration by the Council;
whereupon, the City Attorney advised that Council may repeal the resolution adopted
on June 16, which has an effective date of July 1, 2003, and readopt a resolution
including a later effective date.
Following further discussion and clarification by the City Attorney, it was
advised that Council officially removed Resolution No. 36397-061603 from the table
at its meeting on Monday, June 16, 2003, and the measure was properly enacted by
the Council on June 16 and will take effect on July 1, 2003 unless Resolution No.
36397-061603 is repealed and another resolution is adopted by the Council.
It was noted that the purpose of Mr. Dowe's motion on June 2 was to allow an
opportunity for the issue to be presented at the Presidents Council prior to the
Council acting on the resolution; the matter was before the Presidents Council prior
to adoption of the resolution by Council on June 16, and the Presidents Council
adopted a motion stating that it had no objection to the proposed resolution
establishing the Roanoke Neighborhood Advocates.
Following further discussion, was the consensus of Council that Resolution
No. 36397-061603 would remain in effect as adopted by the Council on Monday,
June 16, 2003.
--...---, ,.....".-.,-.,,
,_.-
529
PETITIONS AND COMMUNICATIONS:
AIRPORT-REGIONAL CHAMBER OF COMMERCE: Beth Doughty, President,
Roanoke Valley Regional Chamber of Commerce, advised that approximately one
year ago, she briefed the Council on 24 tactics to improve the region's economic
competitiveness, many of which are currently being addressed, although none have
a higher profile than the Campaign For Fair Air Fares, which is an effort to attract a
low fare air carrier to the Roanoke Regional Airport. She stated that her role is to
build a Pledge Bank, which is an effort by the business community to demonstrate
the size of the market in the Roanoke Valley; Air Tran has been targeted as the likely
carrier to provide low fare air service to the Roanoke Regional Airport and the
Pledge Bank will be presented to Air Tran by Barry Duvahl, former Secretary of
Commerce and Trade, and a consultant on the project working with the City of
Roanoke and Roanoke County to assist in negotiations. She explained that the goal
is to raise $2 million in pledges from the business community; currently, pledges are
at $1.96 million, with approximately $40,000.00 to go, and she is confident that the
$2 million goal will be reached, or exceeded in the near future. She called attention
to enthusiastic support by the business community, with approximately 75
businesses having made their commitment, and encouraged any business that has
not made a pledge to do so as soon as possible. She commended Roanoke City
Council and other Roanoke Valley governments who are partners in this effort.
Mayor Smith advised that not only large businesses, but small to medium
businesses, individuals and families that travel occasionally are encouraged to
make pledges in the $500.00 to $1,000.00 range.
Question was raised as to what the $2 million will buy; whereupon, Ms.
Doughty advised that the $2 million is used in an effort to demonstrate the size of the
market in Roanoke, which is difficult to gauge because the amount of leakage out
of the market to other airports is not known. She stated that the expressed goal is
round trip service to Atlanta, which is the hub of Air Tran, where the airline serves
approximately 44 destinations with more than 400 departures per day.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
"-" .11_ IT"~_'.'.L""'~"_~_"",, '''--...~-.....,....~.,__._...." _'",__n'''
530
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-CITY CODE-COURTS FACILITY: The City Manager
submitted a communication advising that effective July 1, 2002, current City Code
Section 1-21 was enabled by State legislation, Section 53.1-120, to allow the City of
Roanoke to assess a sum not to exceed $5.00 as part of costs in each criminal or
traffic case in which the defendant is convicted of a violation of any statute
ordinance; originally, State legislation contained a July 1,2004, sunset provision on
the $5.00 fee, which sunset provision is included in the current City Code; and State
legislation, effective July 1, 2003, amends Section 53.1-120 of the State Code to
remove the July 1, 2004, sunset provision on the $5.00 fee.
The City Manager recommended that Council adopt an ordinance amending
the City Code to reflect elimination ofthe sunset provision on the $5.00 fee assessed
on cases for courthouse security.
Mr. Harris offered the following ordinance:
(#36415-070703) AN ORDINANCE amending Chapter 1, General Administration.
of the Code of the City of Roanoke (1979), as amended, by amending fi1-21,
Courtroom security assessment, by deleting the sunset provision in fi1-21, which
section provides, pursuant to fi53.1-120, Code of Virginia (1950), as amended, for
assessment by the City of a fee to provide funding of courthouse security personnel;
providing for an effective date; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 483.)
Mr. Harris moved the adoption of Ordinance No. 36415-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith--.------..------.....-------...-------....-----..-------....-------..-------....-------....----6.
NAYS: None----..--------.---------...-------...-----...-----__._______..._______________-0.
(Council Member Fitzpatrick was absent.)
~...- .....--.~--" ,.,...",,_.,-~.. ,
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531
BUDGET-FIFTH PLANNING DISTRICT COMMISSION: The City Manager
submitted a communication advising that the Fifth Planning District Regional
Alliance is an organization which was formed in 1997 to promote the economic
competitiveness of this region of Virginia; established through the passage of the
Virginia Regional Competitiveness Act in 1996, the Regional Competitiveness
Program enhances economic competitiveness for qualifying regions of the
Commonwealth of Virginia; the program is designed to reward existing regional
actions and to stimulate new regional activities; and incentive funds established for
this purpose are available to localities that carry out new levels of regional economic
development and meet established requirements.
It was further advised that the Fifth Planning District Regional Alliance is
composed of government, business and educational leaders from throughout the
region; the Alliance serves the Counties of Alleghany, Botetourt, Craig, Franklin and
Roanoke; the Cities of Covington, Roanoke and Salem; and the Towns of Vinton and
Clifton Forge; and staffing and administration for the Alliance is provided by the
Roanoke Valley-Alleghany Regional Commission.
. It was explained that the Fifth Planning District Regional Alliance is making
application to re-qualify as a regional competitiveness partnership under the Virginia
Regional Competitiveness Act of 1996; and each participating government in the
region must approve a resolution establishing its intent to continue participation in
the Regional Alliance and approving the methodology for distribution of incentive
funds.
The City Manager recommended that Council adopt a resolution establishing
its intent to continue participation in the Regional Alliance and approving the
methodology for distribution of incentive funds.
Mr. Dowe offered the following resolution:
(#36416-070703) A RESOLUTION in support of participation in the Fifth
Planning District Regional Alliance and support for the distribution mechanism of
Regional Competitiveness funds.
(For full text of Resolution, see Resolution Book No. 97, page 485.)
Mr. Dowe moved the adoption of Resolution No. 36416-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
._"" ..__ 11"1I-...... ",.
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532
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith -..-..-------- .---------.-.....----------------...-..--------------6.
NAYS: None-----------...-.-....-.-----------....-...-----------------..-..-.-. O.
(Council Member Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY -BUDGET .CITY PROPERTY-DOWNTOWN
ROANOKE, INCORPORATED-HOUSING/AUTHORITY: The City Manager submitted
a communication advising that City staff is of the opinion that property located at
120 Commonwealth Avenue, N. E., which is a highly visible location, is appropriate
for use as a gateway to downtown Roanoke; the Roanoke Redevelopment and
Housing Authority (RRHA) has reached an agreement with owners to purchase the
property on the City's behalf; and funding, in the amount of $130,000.00, for the
consideration and related expenses is available in Residual Equity Transfer (001-
3337), resulting from the previous discontinuation ofthe Management Services Fund
and may be appropriated to a new account entitled "120 Commonwealth Avenue" to
be used for purchase of the property.
The City Manager recommended that she be authorized to purchase property
identified as Official Tax Nos. 3012825, 3012826, and 3012827, subject to satisfactory
environmental site inspection; and appropriate funds from fund balance Account No.
001.3337 to an account to be established by the Director of Finance in the Capital
Projects Fund entitled, "120 Commonwealth Avenue".
Mr. Dowe offered the following budget ordinance:
(#36417-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General and Capital Projects Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 486.)
Mr. Dowe moved the adoption of Ordinance No. 36417-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ._.______.....________....________.....________...____----...---------..---------.....--------..--6.
NAYS: N one-.--------..----------..-..-----....--------...------.....-------...-------....-------...-0.
(Council Member Fitzpatrick was absent.)
......" ,.,-"",~._.."
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533
Mr. Dowe offered the following ordinance:
(#36418-070703) AN ORDINANCE providing for the acquisition of property
located at 120 Commonwealth Avenue, N. E., and identified by Roanoke CityTax Map
Nos. 3012825, 3012826 and 3012827, authorizing the proper City officials to execute
and attest any necessary documents for this acquisition; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 488.)
Mr. Dowe moved the adoption of Ordinance No. 36418-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith............-----.---------------------------------------------------.--...-.........-.-.-----------6.
NA'(l): None---------..---.-........-----------------------------.--..............-------------------0.
(Council Member Fitzpatrick was absent.)
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that historically, the Roanoke Redevelopment and Housing
Authority (RRHA) has conducted a variety of housing programs using Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program
(HOME) funds provided by the City; on October 15, 2002, pursuant to Resolution No.
36096-101502, Council authorized execution of a CDBG and HOME.funded
agreement with the RRHA to provide financial assistance for rehabilitation of O\iner-
occupied and rental housing as part ofthe Southeast. . . By Design project and for
continuing activities under the RRHA's Washington Park Housing Enhancement
program, which supports its Linco/n 2000 project.
It was further advised that in its Southeast. . . By Design efforts, the RRHA
provides limited emergency and critical repairs through the Quick Response to
Emergencies and Critical Assistance Repairs for the E/derly (CARE) programs; for
major rehabilitation needs, the RRHA offers substantial loans to homeowners
through its Consolidated Loan Program; and The Washington Park Housing
Enhancement program has been active over the course of the Linco/n 2000 project
and offers major rehabilitation loans to homeowners, as well as development of
housing for sale to homebuyers.
.._ lI"1I",,"v
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534
The City Manager explained that on May 12, 2003, pursuant to Resolution No.
36326-051203, Council authorized additional funding for the RRHA's Southeast. . .
By Design and Washington Park housing activities by approving the City's 2003-
2004 Consolidated Plan Annual Update for submission to the U. S. Department of
Housing and Urban Development (HUD); and Council accepted 2003-2004 CDBG and
HOME funds on June 16, 2003, pursuant to Budget Ordinance No. 36377 -061603 and
Resolution No. 36378-061603, pending receipt of HUD's grant approvals.
It was further explained that in order for the RRHA to conduct housing
activities approved in the Consolidated Plan, action by Council is needed; because
the Southeast. . . By Design and WashIngton Park activities are ongoing projects,
it is more efficient financially and programmatically to increase funding and extend
the existing agreement than to create a new agreement; necessary CDBG and HOME
funding is available; the extended agreement will be valued at $2,079,662.00, which
includes the original funding of $1,051,162.00, along with the $870,000.00 in new
funds provided for in the 2003-2004 Consolidated Plan and $158,500.00 in
Washington Park funding unexpended from the 2001-2002 agreement; of the total
$2,079,662.00 funding, $439,112.00 will have been expended by June 30, 2003,
leaving $1,640,550.00 available for activities during the 2003-2004 period; and, in
addition, the RRHA is also expected to leverage as much as $750,000.00 in private
rehabilitation financing through its line-of-credit with sunTrust Mortgage.
The City Manager recommended that she be authorized to execute an
amendment to the 2002-2003 CDBG/HOME Agreement with the RRHA, to be
approved as to form by the City Attorney.
Mr. Dowe offered the following resolution:
(#36419-070703) A RESOLUTION authorizing the appropriate City officials to
execute an Amendment to the 2002-2003 Agreement with the Roanoke
Redevelopment and Housing Authority and HOME Investment Partnership Program
to conduct housing activities using Community Development Block Grant and HOME
Investment Partnerships Program funds, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 489.)
Mr. Dowe moved the adoption of Resolution No. 36419-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
._....._"H_' "._",,_,,_,
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535
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ........-.------------------------..........-.-.-----------------------------------------.-6.
NAYS: N one-------.......---.----------------------------------------------..........----.----------0.
(Council Member Fitzpatrick was absent.)
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that since 1996, the Blue Ridge Housing Development
Corporation (BRHDC) has successfully conducted several housing programs forthe
City of Roanoke using Community Development Block Grant (CDBG) and HOME
Investment Partnerships Program (HOME) funds; on October 15, 2002, pursuant to
Resolution No. 36095-101502, Council authorized execution of a CDBG and HOME.
funded agreement with BRHDC to develop housing for new homeownership as part
of the Southeast. . . By Design project; since that time, BRHDC has been acquiring
properties for rehabilitation or new construction; in addition, BRHDC has been
working with its architects and with Virginia Tech to prepare attractive, compatible
and affordable housing designs; environmental reviews have been completed on the
properties acquired and construction bid processes have begun; and actual
construction work is expected to extend through June 2004, with up to an additional
six months needed thereafter to complete the sale of all homes.
It was further advised that on May 12, 2003, pursuant to Resolution No. 36326-
051203, Council authorized additional funding for BRHDC's Southeast. . . By Design
activities by approving submission ofthe City's 2003-2004 Consolidated Plan Annual
Update to the U. S. Department of Housing and Urban Development (HUD); and
Council accepted 2003-2004 CDBG and HOME funds on June 16, 2003, pursuant to
Budget Ordinance No. 36377-061603 and Resolution No. 36378-061603, pending
receipt of grant approvals from HUD.
It was explained that in order for BRHDC to conduct housing activities
approved in the Consolidated Plan, action by Council is needed; because this is an
ongoing project, it is more efficient financially and programmatically to extend and
increase the funding under the existing agreement than to create a new agreement;
necessary CDBG and HOME funding is available; the original agreement was funded
at $698,432.00, of which $231,000.00 has been expended through June 30, 2003; by
extending the agreement, the balance of $467,000.00 will continue to be available for
completing acquisitions and other predevelopment and development costs; as
specified in the plan submitted to HUD, a total of $602,265.00 in new CDBG and
"-. .0. IT~"'."""-
11
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536
HOME funding is to be provided, which will increase overall funding provided under
the agreement to $1,300,697.00, and, in addition, BRHDC is expected to contribute
over $530,000.00 through its line-of-credit and construction loans.
The City Manager recommended that she be authorized to execute
Am~ndment No.1 to the 2002-2003 CDBG/HOME Agreement with the BRHDC, to be
approved as to form by the City Attorney.
Mr. Cutler offered the following resolution:
(#36420-070703) A RESOLUTION authorizing the appropriate City officials to
execute Amendment No.1 to the 2002- 2003 Agreement with the Blue Ridge Housing
Development Corporation to conduct housing activities using Community
Development Block Grant and HOME Investment Partnerships Program funds, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 490.)
Mr. Cutler moved the adoption of Resolution No. 36420-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor 5 m ith .---------.......---------....-..--------......--------......---------..-..-----.........----6.
NAYS: None.---------.-..-.--------.......------..-
---.......---------...-0.
(Council Member Fitzpatrick was absent.)
BUDGET-GRANTs-VIRGINIA CARES: The City Manager submitted a
communication advising that the Virginia Community Action Re-entry System, Inc.,
(Virginia CARES) is a nonprofit organization with its home office in the City of
Roanoke, offering extensive experience in offender services; funding has been
provided through June 30, 2003, by the Byrne Memorial Formula Grant Program
(Byrne Grant), administered by the Department of Criminal Justice Services (DCJs);
the grant may be awarded only to a locality and requires a 25 per cent cash match;
and the locality must then contract with Virginia CARES to conduct offender
services.
---~" ,.._,."~,,_.....,,
........-
537
It was explained that in January 2003, the City agreed to serve as Grantee and
fiscal agent for the Byrne Grant, and the City Manager executed, on behalf of the
City, the Virginia CARES Byrne Grant application; the application was successful
and the City currently contracts with Virginia CARES to provide pre. and ;:.ost-
incarceration services to offenders to assist with reintegration into the community;
and Virginia CARES and its subcontracting agencies are responsible for providing
all required matching funds.
It was further explained that on May 8, 2003, the City Manager signed an
application submitted by Virginia CARES for $570,519.00 in Byrne Grant funding to
continue the program from July 1,2003, through June 30, 2004; Virginia CARES and
its subcontracting agencies will remain responsible for securing the $190,173.00 in
required matching funds; and a letter notifying the City of grant approval was
received from DCJs on June 19,2003.
The City Manager advised that under the new contract the City will continue
to act as fiscal agent and project administrator; Virginia CARES and its
subcontractors will continue to perform all day-to-day operational activities, such
as service delivery, payroll functions and vendor payments; contract procedure~ will
provide that Byrne Grant funds disbursed to Virginia CARES cannot exceed three
times the amount of match expended, in principle avoiding City liability for match
shortfalls; however, through its involvement with the grant, the City will assume a
level of risk with respect to the actuality of disbursed funds being expended and the
allowability of those expenditures; because Virginia CARES operates through a
statewide network of 12 offices, it would not be feasible for the City to obtain all
source documents for expenditures when disbursing grant funds; and as such,
limited reviews of expenditure source documents for allowability and proper support
of expenditures can be made by the program manager and staff of the Department
of Finance at interim points during the period of the Agreement, prior to program
audit.
The City Manager recommended that Council take the following actions:
1. Authorize the City Manager to sign, on behalf of the City, the nece~sary
forms to accept the DCJs Byrne Grant funds;
2. Appropriate $570,519.00 in Byrne Grant funds and establish a
corresponding revenue estimate in accounts established by the
Director of Finance in the Grant Fund; and
.__ Ir"!!'...._h --~_"_~
-'-B.. __._'''. "." ,~~
538
3. Authorize the City Manager to execute a subgrant agreement with
Virginia CARES, Inc., to be approved as to form by the City Attorney.
Ms. Wyatt offered the following budget ordinance:
(#36421-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 491.)
Ms. Wyatt moved the adoption of Ordinance No. 36421-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith .-..-..-..-..--------------------------..-..-..-..-.........-.------------------6.
NAYS: None.............................---.-----------------...................-.-..--------------0.
(Council Member Fitzpatrick was absent.)
Ms. Wyatt offered the following resolution:
(#36422-070703) A RESOLUTION accepting a grant of funds from the Byrne
Memorial Formula Grant Program, administered by the Virginia Department of
Criminal Justice Services, authorizing the City Manager to execute the requisite
documents for such grant, authorizing the City Manager to execute a subgrant
agreement with the Virginia Community Action Re-entry System, Inc. ("Virginia
CARES"), upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 97, page 492.)
Ms. Wyatt moved the adoption of Resolution No. 36422-070703. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor smith-.-----...----------------.....-------------.........-.-----------.-......-6.
NA"s: NonEl--------------------------..-------------------..-.-.------------.........----------....-0.
(Council Member Fitzpatrick was absent.)
_.. ,......-..-.....,. ,.,.."".....-...',_.,.,
,-.-
539
DOWNTOWN ROANOKE, INCORPORATED-RESIDENTIAL PARKING-CITY
CODE: The City Manager submitted a communication advising that the City of
Roanoke began issuing Residential Parking Permits for the Downtown Service
District (DsD) on May 6, 2003, and a total of five permits have been issued for the
DsD since that time; the permit parking program was originally structured to allow
residents of a permit area to obtain a permit after presenting their driver's license
and vehicle registration, both of which must show that they reside in the permit area;
the required documentation currently excludes residents that may be occupying a
property as a second home; the City Treasurer's Office has received several
requests for permits within the DsD from residents that occupy a DsD property as
a second home; due to modest participation in the program thus far and the desire
to encourage persons to choose the City of Roanoke (especially downtown) as a
place of residence, it is recommended that the availability of permit parking be
extended to those residents that occupy an eligible property as a second home;
therefore, a revision to the City Code is recommended to allow expansion of the
permit parking program.
The City Manager recommended that Council adopt on ordinance amending
Section 20-80 (b), Division 2, Residential Parking Permits, Article IV, Stopping,
Standing and Parking, Code of the City of Roanoke (1979), as amended, Chapter 20,
MotorVehicles and Traffic, to change requirements pertaining to documentation that
must be presented to obtain a parking permit; the proposed revision will allow other
documentation such as utility bills to provide sufficient proof that the applicant
occupies a property as a second home; and the City Treasurer administers issuance
of the program, therefore, he would determine the adequacy of documentation
presented by the applicant.
Mr. Dowe offered the following ordinance:
(#36423-070703) AN ORDINANCE amending Section 20-80 of Divisivn 2
Residential Parkina Permits, of Article IV, stoDDing. standina and Parking, Chapter
20, Motor Vehicles and Traffic. Code of the City of Roanoke (1979), as amended,
amending the City's residential parking permit system; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 493.)
Mr. Dowe moved the adoption of Ordinance No. 36423-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
.__ rrJI...... ",.
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540
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor smith.-...-..-..-..--......--.-.-----------------------------------..-..-.-....--.-6.
NA)(s: NClnEl----------............................-..--.-----------------------------...............-0.
(Council Member Fitzpatrick was absent.)
PURCHASE/SALE OF PROPERTY.EAsEMENTs-WATER RESOURCES: The
City Manager submitted a communication advising that Council adopted Ordinance
No. 36202-012103 providing for acquisition of property rights needed for
construction of the Roanoke Water Pollution Control Plant Wet Weather Project on
January 21, 2003; to date, property acquisition has proceeded ahead of schedule
and has generally been well received by prClperty Clwners and adjacent businesses;
during the course of negotiations, it has become known that one of the property
owners represented on the original property acquisition list has ownership of a
connected parcel not currently considered for purchase; initial indications from the
property owner indicate a preference that the parcels of land be sold together; the
property in question is owned by Stacy Tree Service Inc., Official Tax No. 4340315;
in reviewing the situation, City staff further believes that the parcel of land will likely
have some benefit in future road alignments related to Plant expansion; thElrefore,
authorization is needed to move forward with procurement of title work, appraisals,
and documents preparation related to acquisition of the necessary property rights,
and funding is available in Account No. 003-510-8362.9050 for the additional
property.
The City Manager recommended that the City Manager and the City Attorney
be authorized to take all necessary steps to acquire all property rights for the above
described property, such property rights may be acquired by negotiation or eminent
domain, and may include fee simple, permanent easements, temporary construction
easements, rights-of.way, licenses or permits, etc., subject to satisfactory
environmental site inspection.
Mr. Cutler offered the following ordinance:
(#36424-070703) AN ORDINANCE providing for the acquisition of property
identified as Official Tax No. 4340315, needed by the City from Stacy Tree Service,
Inc., in connection with the construction of the Roanoke Water Pollution Control
Plant ("WPCP") Wet Weather Project; setting a limit on the consideration to be
offered by the City; providing for the City's acquisition of such property by
~- .....--...~" ,.._,.,,~..._,
..".-.-
541
condemnation, under certain circumstances; authorizing the Cityto make motion for
the award of a right of entry on the parcel for the purpose of commencing the
project; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 495.)
Mr. Cutler moved the adoption of Ordinance No. 36424-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ....-.-----------------------......-.----------------------.---........-----------------------6.
NA'(l): Nellle...---------------------------.-........-.--.----------------------------------........-0.
(Council Member Fitzpatrick was absent.)
BUDGET-HUMAN SERVICES COMMITTEE: The City Manager submitted a
communication advising that the Human Services Committee budget, in the amount
of $540,159.00, was established by Council with adoption of the General Fund
budget for fiscal year 2003.04 on May 12, 2003; requests from 43 agencies, totaling
$1,099,358.00, were received; and agencies were notified of tentative allocations and
advised that they could appeal the funding recommendations.
It was explained that appeals of Human Services Committee
recommendations, as provided by policy, were received after notification of each
agency of its tentative recommended allocation; appeals were filed by the National
Multiple Sclerosis Society and Roanoke Valley CAsA; after hearing appeals, no
changes were made to the recommended allocations; and performance audits will
be conducted by the Council of Community Services to evaluate the effectiveness
and efficiency of all funded programs.
The City Manager recommended that Council transfer $540,159.00 from the
Human Services Committee, Account No. 001-630-5220-3700, to new line items to be
established within the Human Services Committee budget, as follows:
.._ 11'11-"'.
II
,.....~--....,... _., __0."'" ~..., ._,..
542
Recommended 2003/04
Planned Parenthood of Blue Ridge
Roanoke Valley Speech and Hearing Center
Unified Human Services Transportation (RADAR)
Star Program
Bethany Hall
Roanoke Valley CAsA
Southwestern Virginia Second Harvest Food Bank
Greenvale School
Child Advocacy Center - Family Support Program
Roanoke Area Ministries
Conflict Resolution Center
Brain Injury Services of Southwest Virginia
Blue Ridge Independent Living Center
League of Older Americans
Adult Care Center
Presbyterian Community Center, Inc. - Pathways Program
Mental Health Association
TRUST - Roanoke Valley Trouble Center
National Multiple Sclerosis Society
Girl Scouts of Virginia Skyline Council, Inc.
Northwest Child Development Center
Council of Community Services:
A. Information and ReferralNolunteer Roanoke Valley
B. Human Services Planning Project
Apple Ridge Farm
Roanoke Adolescent Health Partnership, Inc.
Fifth District Employment and Training Consortium-
Homeless Supportive Service Initiative
Family Services of Roanoke Valley:
A. Action Program
B. Home Care Aide
C. Family and Individual Counseling
D. Adults Plus
Blue Ridge Legal Services, Inc.
Bradley Free Clinic
West End Center for Youth:
A. Educational Services Program
B. After School Program
$ 5,000.00
3,500.00
20,000.00
10,000.00
5,000.00
15,000.00
10,000.00
5,000.00
30,000.00
6,000.00
10,000.00
10,000.00
29,000.00
7,000.00
-0-
2,300.00
8,000.00
-0-
5,000.00
20,000.00
13,000.00
-0-
7,795.00
10,000.00
5,000.00
3,000.00
15,000.00
10,000.00
14,500.00
3,000.00
30,000.00
40,000.00
,...................-......" ,._.,,-...........-..."
.",_.-
Downtown Music Lab
The National Conference for Community and Justice
(NCCJ)
Big Brothers/Big Sisters of Roanoke Valley:
Community Based Mentoring Program
Goodwill Industries of the Valleys
Roanoke Valley Interfaith Hospitality Network
st. John's Community Youth Program, Inc.
Boys and Girls Club - Violence Prevention
Roanoke Valley Family Learning Center
Roanoke Valley Chapter - American Red Cross -
Disaster Services
Salvation Army:
A. Turning Point
B. Emergency Shelter and Transitional
Housing for Men
Inner City Athletic Association
CHIP:
A. Helpful Opportunities for Parents to Excel (HOPE)
B. Family Strengthening
C. Care Coordination
YMCA of Roanoke Valley - Magic Place
YMCA of Roanoke Valley - Homework Success and
Drop-In Summer Outreach
YWCA:
A. Therapeutic Aquatics
B. Child Care
C. Youth Club
D. Resident Program
Council of Community Services - Monitoring Services
543
$ 4,000.00
2,000.00
3,000.00
30,000.00
5,000.00
5,000.00
10,000.00
-0-
-0-
14,000.00
14,000.00
4,000.00
5,000.00
25,000.00
22,000.00
9,000.00
10,000.00
5,000.00
5,000.00
5,000.00
-0-
11,064.00
. Appropriate funding in the amount of $73,141.00 to
Account No. 001-630-5315-2010.
Mr. Dowe offered the following budget ordinance:
(#36425-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 496.)
IR._ 11"11
III
.. ...... .--., __0.'''. ~.,,' .,.~....,..
544
Mr. Dowe moved the adoption of Ordinance No. 36415-070703. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, and Cutler------------5.
NAYS: Mayor Smith ----------------------------------------------------.---.-..-..............-.-1.
(Council Member Fitzpatrick was absent.)
Mr. Bestpitch stated that even though his spouse is employed by the YMCA
of Roanoke Valley, one of the agencies to be funded through the Human Services
Committee, the City Attorney advises that he does not have a conflict of interest and
may cast his vote on the budget ordinance.
The Mayor advised that approximately 29 agencies have been recommended
for funding through the Human Services Committee for fiscal year 2003, and he
supports 28 of the 29 agencies; however, he cannot support funding for Planned
Parenthood of the Blue Ridge in the amount of $5,000.00.
POLICE DEPARTMENT -BUDGET: The City Manager submitted a
communication advising that in fiscal year 2002-03, the Police Department provided
for a fee training at its Police Academy for Roanoke County's police officers, recruit
officers and dispatchers; the City of Roanoke Police Department has agreed to
provide to Roanoke County the same fee-based training in fiscal year 2003-04; and
the Police Department received $26,820.00 in June 2003 ($180.00 per person X 149
persons) for fiscal year 2003-04 training and deposited the funds to deferred
revenue, Account No. 001-2338.
The City Manager recommended that Council appropriate $26,820.00 to the
General Fund, Police Training, Account No. 001-640-3115-2044, for training and
development, with a corresponding increase to the General Fund revenue estimate
for Roanoke County Police Training, Account No. 001-110-1234-1461.
Mr. Dowe offered the following budget ordinance:
(#36426-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 499.)
..-....................., ,._..,,~"-,--,
'''..-.-
545
Mr. Dowe moved the adoption of Ordinance No. 36426-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith---------.......----------.....----------------.....---------------......--------------...-----------6.
NA)'l): NClI1E!---------...-------------------....--------------------...------------------....---------Cl.
(Council Member Fitzpatrick was absent.)
GRANTs-HOUsING/AUTHORITY.HOTEL ROANOKE CONFERENCE CENTER-
LOANS: The City Manager and thE! Director of Finance submitted a joint
communication advising that the City of Roanoke entered into a United States
Department of Housing and Urban Development (HUD) Section 108 Loan Agreement
for $6 million in March 1994, with an average interest rate of 6.78 per cent; funds
were loaned to Hotel Roanoke, LLC via a three-party loan agreement between the
City of Roanoke, Roanoke Redevelopment and Housing Authority (RRHA) and: lotel
Roanoke, LLC, and were used as part of the financing for refurbishing The Hotel
Roanoke; the three party loan agreement states that Hotel Roanoke, LLC will pay the
same interest rate that the City pays on the HUD loan; the City pledged its
Community Development Block Grant (CDBG) for repayment of the loan, if
necessary; CDBG funds are used to repay the loan, and payments from Hotel
Roanoke, LLC are treated as CDBG program income; per the loan agreement with
Hotel Roanoke, LLC, annual payments are made to the extent that operating
revenues are available, as defined in the loan agreement; and any unpaid amounts
accumulate and are added to futurE! payments due.
It was further advised that the HUD Section 108 loan is eligible for refinancing
after payment of the scheduled August 1, 2003 payment; the City is in the process
of coordinating with HUD to refinance the remaining principal balance of
$3,825,000.00; HUD believes that the City should be able to refinance the
outstanding balance at approximately one half of the current rate; if the C:~y is
successful in obtaining this favorable interest rate, savings should approximate
$850,000.00 to $870,000.00 overthe remaining life ofthe loan; the lower interest rate
will reduce future payments due from HotE!l Roanoke, LLC and improve the potential
for collecting the amounts due in arrears, which will potentially result in more CDBG
program income for future years; and the loan agreement with RRHA and Hotel
Roanoke, LLC will need to be amended to reflect the lower interest rate.
.__ [1.11-''''
1)1
_.~._-...,.... 1__UI._..UI
546
The City Manager and the Director of Finance recommended that Council
adopt a resolution authorizing the City Manager, the City Clerk, and the City Attorney
to execute the necessary documents to refinance the HUD Section 108 loan, and to
authorize the City Manager to execute an amendment to the loan agreement with
RRHA and Hotel Roanoke, LLC., to conform the terms of such contract with the
terms of refinancing.
Mr. Dowe offered the following resolution:
(#36413-070703) A RESOLUTION authorizing certain actions in connection
with the redemption and refinancing of certain Section 108 guaranteed obligations
previously issued by the City.
(For full text of Resolution, see Resolution Book No. 97, page 480.)
Mr. Dowe moved the adoption of Resolution No. 36413-070703. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ------------------------------------------------------------------------------------------6.
NAYS: N one----------------------------------------------.----.....................................-0.
(Council Member Fitzpatrick 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 May
2003.
There being no questions and without objection by Council, the Mayor advised
that the Financial Report for the month of May 2003 would be received and filed.
BUDGET: The Director of Finance submitted a written report advising that at
the close of fiscal year 2003, budgeted funds were obligated for outstanding
encumbrances; purchase orders or contracts were issued for goods and services
as of the close of fiscal year 2003, but delivery of the goods or performance of the
services were not completed; reappropriation ofthe funds will carryforward unspent
budgets that were originally appropriated and are contractually obligated for the
goods and services; and appropriation amounts are as follows:
._..~-....,' ,......._.,-_.,'
General Fund
Water Fund
Water Pollution Control Fund
Civic Facilities Fund
Department of Technology Fund
Fleet Management Fund
School Fund
School Food Services Fund
..-,.-
547
$1,968,007.00
270,169.00
600,430.00
31,309.00
187,216.00
1,305,495.00
2,620,094.00
50,570.00
The Director of Finance recommended that Council adopt an ordinance to
reappropriate funds into current year budgets, in order that encumbrances may be
properly liquidated.
Mr. Dowe offered the following budget ordinance:
(#36427-070703) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General, Water, Water Pollution Control, Civic Center, Department of
Technology, Fleet Management, School and School Food Services Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 500.)
Mr. Dowe moved the adoption of Ordinance No. 36427-070703. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
nnCllfClrl)rnitl1--------------------------.-.-........-----------------------------....-...---------------------------1>.
NA'(l): NClIlEl.---........-.---------------------.........---------------------........----------------0.
(Council Member Fitzpatrick was absent.)
REPORTS OF COMMITTEES:
COMMUNITY PLANNING-RAILSIDE LINEAR WALK: A report of the City
Planning Commission advising that renaming the Railside Linear Walk the
O. Winston Link Railwalk was considered by the Planning Commission on June 19,
2003; the Railside Linear Walk project has been a multi-year effort linking the
downtown market area with the Transportation Museum, and honoring Roanoke's
-_.. ;... rr:II'"'.'" .,.
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548
railroad history; a proposal to change the name to the O.Winston Link Railwalk was
presented to Council on May 19, 2003; and upon consideration of the request and
public comment received during the meeting, Council referred the matter to the City
Planning Commission for study, report and recommendation, was before the body.
It was further advised that prior to the City Planning Commission's
consideration, various organizations with an interest in downtown Roanoke, historic,
and railroad related issues were contacted to comment on the proposed name
change; and the City Planning Commission received written comments from the
following organizations and interests:
Downtown Roanoke, Inc., which supported the name
change to the O. Winston Link Railwalk.
Roanoke Chapter, National Railway Historic Society,
which did not support the proposed name change, but
preferred naming the facility after Robert H. Smith, former
President of Norfolk and Western Railroad.
Roanoke Valley Preservation Foundation, which did not
support the proposed name change, but preferred naming
the railwalk the, "Norfolk and Western Railwalk."
It was explained that City Planning Commission discussion centered around
a wide range of opinions that were presented on the subject, and the current status
of the railwalk in relation to its original concept and intent; some members of the
Planning Commission stated that the railwalk had not been implemented to the point
that it could be identifiable to anyone person; however, eventual consensus by
Planning Commission members was that the question was not the current
programming ofthe railwalk, or whether or not it had fully reached its potential, but
whether the requested name change was appropriate; therefore, it was the
consensus of the City Planning Commission that there appeared to be no compelling
reason not to support the requested name change, nor any reason to continue to
seek additional input into the matter, before sending a recommendation to the
Council.
The City Planning Commission recommended that Council approve renaming
the Railside Linear Walk the O. Winston Link Railwalk.
.-... ,...--...---." ,._.,,_.,-,..,
,....,-,-
549
Mr. Cutler offered the following resolution:
(#36428-070703) A RESOLUTION renaming the Railside Linear Walk as the
O. Winston Link Railwalk.
(For full text of Resolution, see Resolution Book No. 97, page 505.)
Mr. Cutler moved the adoption of Resolution No. 36428-070703. The m"tion
was seconded by Mr. Bestpitch.
John P. Bradshaw, President, Southwest Virginia History Museum, spoke in
support of the proposed name change.
Resolution No. 36428-070703 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and
Mayor sm ith ------------------....------------------------------------.-...--.--------------------------.-6.
NA)'l): N()l1e.-.--------------------------------~-------------------...-------------------------------Cl.
(Council Member Fitzpatrick was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
FIRE DEPARTMENT-ACTS OF ACKNOWLEDGMENT: Council Member Wyatt
expressed appreciation to the Volunteer Fire Department in Scruggs, Virginia, for its
assistance in coming to the aid of a family member who needed oxygen over the
July 4th weekend.
ACTS OF ACKNOWLEDGMENT: Mayor Smith commended all persons involved
in the City's successful July 4th activities.
.__ m1I~"" ^"'.
..",-, ,.... '--"~._...,....~., __0..,,'
550
FIRE DEPARTMENT: Council Member Cutler commended the City of Roanoke
Fire/EMS Department, in connection with its efforts to extinguish a fire on Cornwallis
Avenue, S. E., on July 5th.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
ARMORY/STADIUM: Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia,
spoke in support of preserving Victory Stadium. He called attention to successful
4th of July celebrations at Victory Stadium that have been enjoyed by a large segment
of the Roanoke Valley. He stated that Victory Stadium is a historical site and should
be preserved in memory of World War II veterans; there is sufficient area under the
grandstands for office space, exhibits, etc.; and the field is large enough to
accommodate a running track for Roanoke's high school students. He added that
a large number of citizens have signed petitions in opposition to the Orange Avenue
site for the proposed stadium/amphitheater, and the issue should be placed on the
November ballot for a vote by the citizens of Roanoke.
POLICE DEPARTMENT-SCHOOLS: Ms. Alice Hincher, 4024 South Lake Drive,
S. W., requested that Police Officer Ray Lewis be reinstated as a School Resource
Officer at Patrick Henry High School. She stated that the school division has
experienced problems with regard to school safety, crime and violence; and when
Officer Lewis made the decision to come forth and speak to the news media with
regard to his observations and concerns, he caused other Roanoke City employees
to make a choice as to whether they were to be a part of the school system's
problems or a part of the solution; unfortunately the Police Department made the
wrong choice when officials decided to reassign Officer Lewis from the Schools to
the Patrol Division; and when the City Manager offered to reinstate Officer Lewis as
a School Resource Officer at William Fleming High School, her action was short of
the goal to return Officer Lewis to Patrick Henry High School. She stated that
Council is a separate entity and cannot solve all ofthe problems ofthe schools, but
this is one aspect of the school safety and violence issue that Council can provide
a solution; therefore, she requested that Officer Lewis be reinstated as a School
Resource Officer, not at William Fleming, but at Patrick Henry High School.
Mr. Joe "Butch" Church, 1921 Queens Mill Drive, Roanoke County, appeared
before Council as a citizen of Roanoke County to speak on behalf of Officer Lewis.
He stated that Student Resource Officers are critical to school safety; and in working
with Roanoke County government as an elected official, he was instrumental in
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obtaining four grants from the Commonwealth of Virginia for School Resource
Officers for Roanoke County Schools. He spoke in support of Officer Lewis as a
friend, as a person who is trustworthy, honest, caring and his decisions are made
for the right reasons. He added that Officer Lewis has an uncanny ability to identify
a situation that is about to get out of hand and diffuse the situation, which is a" skill
that cannot be taught. He advised that a School Resource Officer may be the last
connection with a troubled student, orthe last connection before disaster happens;
and Officer Lewis is highly skilled in his profession, and he is an asset to Patrick
Henry High School.
POLICE DEPARTMENT -BUDGET -COMPLAINTS-HOUSING/AUTHORITY -CITY
EMPLOYEES: Mr. Robert N. Gravely, 3360 Hershberger Road, N. W., advised that the
City of Roanoke is behind schedule in maintaining its infrastructure and its
neighborhoods. He spoke in connection with the need to increase the wages of City
employees so that the average City worker can afford a home and a vehicle.
POLICE DEPARTMENT-COMPLAINTS: Mr. Hugh Mayo, 930 Lafayette
Boulevard, N. W., owner of Big Daddy's Ice House, a non-alcoholic beverage
nightclub for persons age 18 and over, which is located in downtown Roanoke,
advised that his business has been discriminated against by the City of Roal.oke.
He added that false remarks have been made about his business by the Police
Department, the City sent a letter to the owner of the building providing five days to
correct an alleged public nuisance, and the doors to the building housing his
business were locked by the property owner. He stated that his business does not
constitute a public nuisance and it is wrong for the Police Department to make false
statements.
Council Member Fitzpatrick entered the meeting.
POLICE DEPARTMENT-SCHOOLS: Council Member Bestpitch expressed
concern with regard to school discipline and the possibility of violence in the
Roanoke City Public Schools; and advised that he ha requested a clarification by the
City Manager with regard to the appropriate roles and responsibilities of the School
Resource Officer program in general. He stated that there is a need for broadbased
collaboration among School staff, the Police Department, parents and studen~s, to
look at specific questions and to recommend a better way to address school
discipline problems, to ensure appropriate roles and responsibilities for School
Resource Officers; and it is hoped that Council Members will have no objection to
recommending that such a process take place, through broad based participation
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552
and involvement. He further stated that a second issue of concern to him
personally, and he has posed specific questions to the City Manager, is in regard to
the decision to reinstate Officer Lewis as a School Resource Officer at William
Fleming High School, as opposed to Patrick Henry High School, where he was
originally assigned and he is waiting for the City Manger's response; however, he
stated that he is not willing to stand by and see any specific individual scapegoated
for larger problems that do not appear to have been of his making.
Council Member Wyatt advised that she has listened to Officer Lewis' side of
the story, reviewed his documentation, and found him to be an honorable man,
whose biggest sin is that he loves Patrick Henry High School and the students
enough that he is willing to put himself on the line, which is a gift that the City of
Roanoke should not loose. She advised that Officer Lewis gave his best, and asked
that the City treat him fairly and not allow him to be used as a scapegoat, while
losing sight of the bigger issue, which is that he put his career on the line for the
safety of Roanoke's children. She advised that the School Board and the School
Superintendent have a responsibility to address the issue.
The Mayor requested information on the chain of command within the Police
Department and how the School Resource Officer program interacts between the
City and the School system.
The City Manager responded that the issue is a personnel matter, and she will
continue to maintain the confidentiality ofthis and all personnel matters. She stated
that she has committed to an independent personal investigation of the matter; she
initiated the original investigation when she expressed concern with regard to media
coverage, which did not demonstrate whether or not the Police Officer, for whom
she is responsible, had acted in accordance with all of his responsibilities; she was
not concerned about the fact that the Police Officer spoke with the news media,
when, in fact, City employees, both current and past, have appeared before Council
on a regular basis and made comments about her performance, or the performance
of the City administration, and the record demonstrates that City employees are free
to make comments, therefore, the issue of speaking out is not the issue. She
advised that she met with Officer Lewis on two occasions, and waited approximately
eight days for him to provide additional documentation which was not received until
last week. She further advised that the chain of command, rightly or wrongly, is
such that she is the Council's appointee and any action on a personnel matter
should be addressed with her as Roanoke's City Manager, because the chain of
command stops at that point. She stated that the Chief of Pollee reports to the City
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Manager; she has reviewed the matter independently of the Police Department's
investigation; and her record is such that she has demonstrated that she tries to
treat each and every employee issue confidentially and fairly and will continue to do
so. She stated that it is understood that there is much public sentiment around the
issue; and she must make her decision based upon the evidence that is
demonstrated to her in a review ofthe situation. She advised that the Council would
be provided with a list of the chain of command within the Police Department;
however, the buck stops with the City Manager.
CITY MANAGER COMMENTS: NONE.
At 3:35 p.m., the meeting was declared in recess for two Closed Sessions.
At 5:15 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Council Members Fitzpatrick, Harris and Bestpitch who left the meeting during the
Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in my motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Wyatt, Cutler and Mayor smith--------------------5.
NA"l): NClne----------------..-.......-...........................-......-....----.------------------0.
(Council Members Fitzpatrick, Harris and Bestpitch were absent.)
OATHS OF OFFICE-COMMITTEEs-COMMUNITY PLANNING: The Mayor
advised that there is a vacancy on the City Planning Committee created by the
resignation of S. Wayne Campbell, and called for nominations to fill the vacancy.
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554
Ms. Wyatt placed in nomination the name of Paula Prince.
There being no further nominations, Paula Prince was appointed as a member
of the City Planning Commission, to fill the unexpired term of S. Wayne Campbell,
resigned, ending December 31, 2004, by the following vote:
FOR MS. PRINCE: Council Members Dowe, Wyatt, Cutler and Mayor smith----4.
NAYS: None------------------------........-----------------.......------------------------0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
OATHS OF OFFICE-COMMITTEEs.HOUsING/AUTHORITY: The Mayor advised
that there is a vacancy on the Roanoke Redevelopment and Housing Authority
created by the resignation of Beverly T. Fitzpatrick, Jr., and called for nominations
to fill the vacancy.
Ms. Wyatt placed in nomination the name of Greg Feldmann.
There being no further nominations, Mr. Feldmann was appointed as a
member of the Roanoke Redevelopment and Housing Authority, for a term ending
August 31, 2006, by the following vote:
FOR MR. FELDMANN: Council Members Dowe, Wyatt, Cutler and
Mayor 5 m ith -----------------------------------..---.-.-.......-...............-.--------------------------4.
NAYS: None............-.....-.-.-....-..-.---...----.-----------------------0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEES-COURT COMMUNITY CORRECTIONS BOARD: The Mayor
advised that the three year term of office of Gail Burrus as a member of the Court
Community Corrections Program Regional Community Criminal Justice Board
expired on June 30, 2003, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Gail Burrus.
There being no further nominations, Ms. Burrus was reappointed as a member
ofthe Court Community Corrections Program Regional Community Criminal Justice
Board, for a term ending June 30, 2006, by the following vote.
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555
FOR MS. BURRUS: Council Members Dowe, Wyatt, Cutler and Mayor smith--4.
NAYS: None..-----------....------------..-------------.....------------..--------..----------0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
HUMAN DEVELOPMENT .COMMITTEEs: The Mayor advised that the one year
terms of office of Frank W. Feather, Pamela Kestner.Chappelear and Judy O.
Jackson as members of the Human Services Committee expired on June 30, 2003,
and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Frank W. Feather,
Pamela Kestner-Chappelear and Judy O. Jackson.
There being no further nominations, Mr. Feather, Ms. Kestner.Chappelear, and
Ms. Jackson were reappointed as members of the Human Services Committee, for
terms ending June 30, 2004, by the following vote:
FOR MR. FEATHER, MS. KESTNER-CHAPPELEAR, AND MS. JACKSON:
Council Members Dowe, Wyatt, Cutler and Mayorsmith...---..---------------------------....-4.
NA"l): NClI1El-------------------------------------------------------------.-----------------------------ll.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEEs- FLOOD REDUCTION/CONTROL: The Mayor advised that the
one year terms of office of Kathy S. Hill, E. L. Noell and Herbert C. Berding, Jr., as
members of the Flood Plain Committee expired on June 30, 2003, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Kathy S. Hill, E. L. Noel, and
Herbert C. Berding, Jr.
There being no further nominations, Ms. Hill, Mr. Noel and Mr. Berding were
reappointed as members of the Flood Plain Committee, for terms ending June 30,
2004, by the following vote:
FOR MS. HILL AND MESSRS NOEL AND BERDING: Council Members Dowe,
Wyatt, C utlEl rand Mayo r 5 m ith -------------------------------------------------------------------------4.
NAYS: None-.-------------------------------------------------------------------------------------0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
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COMMITTEES. WAR MEMORIAL: The Mayor advised that the one year term
of office of Sloan H. Hoopes as a member of the War Memorial Committee expired
on June 30, 2003, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Sloan H. Hoopes.
There being no further nominations, Mr. Hoopes was reappointed as a
member of the War Memorial Committee, for a term ending June 30, 2004, by the
following vote:
FOR MS. HOOPES: Council Members Dowe, Wyatt, Cutler and Mayor smith--4.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
PARKS AND RECREATION.COMMITTEEs: The Mayor advised that the one
year terms of office of E. C. Pace, III, Eddie Wallace, Michael A. Loveman and Carl H.
Kopitzke as members ofthe Mill Mountain Advisory Committee expired on June 30,
2003, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of E. C. Pace, III, Eddie Wallace,
Michael A. Loveman, and Carl H. Kopitzke.
There being no further nominations, Mr. Pace, Mr. Wallace, Mr. Loveman and
Mr. Kopitzke were reappointed as members of the Mill Mountain Advisory
Committee, for terms ending June 30, 2004, by the following vote:
FOR MESSRS: PACE, WALLACE, LOVE MAN AND KOPITZKE: Council
Members Dowe, Wyatt, Cutler and Mayor smith----------------.-.............................-4.
NAYS: None------------....................--------------------------.-....................--0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
COMMITTEEs.PERsONNEL DEPARTMENT: The Mayor advised that the three
year terms of office of Alphonzo L. Holland, Sr., and Carol D. Tuning as members of
the Personnel and Employment Practices Commission expired on June 30, 2003, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Alphonzo L. Holland, Sr., and
Carol D. Tuning.
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557
There being no further nominations, Mr. Holland and Ms. Tuning were
reappointed as members ofthe Personnel and Employment Practices Commission,
for terms ending June 30, 2006, by the following vote:
FOR MR. HOLLAND AND MS. TUNING: Council Members Dowe, Wyatt, Cutler
a nd Mayor 5 m ith .-----------....-------------......-------------.....------------.......--.---------.....----4.
NAYS: None....-------------......-----------....-----------------....----------------...----------0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
(Ms. Tuning submitted her resignation as a member of the Personnel and
Employment Practices Commission on August 4, 2003, prior to subscribing to the
Oath of Office for her new term.)
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP (ROANOKE
NEIGHBORHOOD ADVOCATES): The Mayor opened the floor for nominations for one
additional appointment to the Roanoke Neighborhood Advocates; whereupon, Ms.
Wyatt placed in nomination the name of Sandra Kelley.
There being no further nominations, Ms. Kelley was appointed as a member
of the Roanoke Neighborhood Advocates, for a term ending June 30, 2006, t~1 the
following vote:
FOR MS. KELLEY: Council Members Dowe, Wyatt, Cutler and
Mayor sm ith ----------------.-.-.....-.....-.----------.--------------------------------------------------------4.
NAYS: None--------------------------------------------------------------......-.....--.-----.-----0.
(Council Members Fitzpatrick, Harris, and Bestpitch were absent.)
ROANOKE VALLEY-ALLEGHENY REGIONAL COMMlsslON-OATHs OF
OFFICE: The Mayor advised that the three year terms of office of William D.
Bestpitch, Darlene L. Burcham and R. Brian Townsend as members ofthe Roanoke
Valley-Allegheny Regional Commission expired on June 30, 2003, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of William D. Bestpitch, Darlene L.
Burcham and R. Brian Townsend.
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558
There being no further nominations, Ms. Burcham and Messrs. Bestpitch and
Townsend were reappointed as members ofthe Roanoke Valley-Allegheny Regional
Commission, for terms ending June 30, 2006, by the following vote:
FOR MS. BURCHAM AND MESSRS. BEsTPITCH and TOWNSEND: Council
Members Dowe, Wyatt, Cutler and Mayor smith..---------------------------.-..............-.-.--4.
(Council Members Fitzpatrick, Harris and Bestpitch were absent.)
There being no further business, at 5:25 p.m., the Mayor declared the meeting
in recess until Friday, July 18, 2003, at 12:00 noon, for the Regional Leadership
Summit Luncheon, which will be hosted by Roanoke County at Virginia's Explore
Park, Visitor Center Theater, 3900 Rutrough Road, s. E., Roanoke, Virginia.
The City Council meeting reconvened on Friday, July 18, 2003, at 12:00 noon
at Virginia's Explore Park (Visitor Center Theater), 3900 Rutrough Road, s. E.,
Roanoke, Virginia, for a meeting of representatives of the Regional Leadership
Summit.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, and Mayor
Fllllllh ~. l)rnitl1-....-.....-.------------------------------------------------------------------------------------3.
ABSENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr.,
C. Nelson Harris and Linda F. Wyatt-----------------------------------------------------------------4.
OFFICERS PRESENT: George C. Snead, Jr., Assistant City Manager for
Operations; and Sheila N. Hartman, Assistant City Clerk.
Also present were Wayne G. Strickland, Secretary, Fifth Planning District
Regional Alliance; Beth Doughty, President, Roanoke Regional Chamber of
Commerce; Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport; and
members of City Councils/Boards of Supervisors and staff ofthe following localities:
Alleghany County, Bedford County, Franklin County, Roanoke County, City of
Covington, City of Roanoke, City of Salem, Town of Clifton Forge and Town of
Vinton.
REGIONAL INITIATIVES: Josellh P. McNamara, Chair, Roanoke County Board
of Supervisors, introduced Elmer C. Hodge, Roanoke County Administrator, who
presented the following highlights of the Roanoke Regional initiatives:
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Public safetv
Read Mountain Cooperative Fire and Rescue Station
Built by Roanoke County and equipped by Botetourt
County in 1990-1991;
Located within Botetourt County lines;
Fulfills the public safety needs of both localities with an
all-volunteer staff;
Clearbrook Cooperative Fire & Rescue Station
Joint Roanoke County/Roanoke City staffing;
Responds to calls across jurisdictional lines;
Vinton Cooperative Fire & Rescue Effort
County of Roanoke and Town of Vinton work together out
of Fire House #2, which allows the operation to function as
a joint fire and rescue station;
Roanoke Regional Fire/EMS Training Center
Provides firefighting and emergency medical training for
the County of Roanoke, City of Roanoke, City of Salem and
Town of Vinton, which results in improved fire and rescue
services for all valley citizens;
Roanoke Regional Tactical Training Center
Opened in the Spring of 2001;
Joint venture between the City of Roanoke and County of
Roanoke;
Provides police and sheriffs' departments with state-of-
the-art rifle range, pistol ranges, tactical training house,
and classroom facilities;
Driving range is under construction and will allow for on-
site training in emergency vehicle operation;
Emergency Services Radio System
800 MHz system installed by Roanoke County in 1988;
Currently serves the Police, Fire & Rescue, and Sheriff's
Departments of the City of Roanoke and County of
Roanoke; Added capacity allows Explore Park, Roanoke
Valley Resource Authority, Roanoke Regional Airport
Commission, and other local law enforcement and fire and
rescue agencies to have access to the system;
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560
sDorts Marketing
Convention & Visitors Bureau - Sports Marketing Committee
Partners the public and private sectors to evaluate and recruit sporting
event housing opportunities for localities across the valley;
Adult Softball Tournaments
County of Roanoke and City of Salem will co-host the A.s.A.; Class B
Men's Fast Pitch National Championship, bringing in over 60 teams
from across the nation;
ProDosed Roanoke City/Roanoke County Water and Wastewater Authoritv
Increase water security and operational efficiencies for participating
localities;
Utility staff from the City of Roanoke and County of Roanoke are now
working together across departments;
Teams of employees are studying all angles of both water systems in
order to recommend the best aspects of each or to innovate and invent
new procedures, ultimately bringing about an efficient and organized
transition to an Authority model.
Mr. Hodge concluded by stating that there is no end to regional cooperation.
REGIONAL LEGISLATIVE AGENDA: Wayne Strickland, Executive Director,
Roanoke Valley-Alleghany Regional Commission, presented the following proposed
additions to recommendations for development of the regional legislative agenda
which were approved at the October 18, 2002 meeting ofthe Leadership Summit and
will be considered in the 2003 regional legislative agenda:
. The General Assembly should provide statutory authority for the
separation, for taxing purposes, of business personal property
(personal property that is directly used in the conduct of a legally
authorized and licensed local business) and personal property.
. Funding for Virginia's Regional Competitiveness Program (RCP) was
eliminated in 2002. The General Assembly needs to fund this important
program. The Commonwealth established the RCP in 1996 and since
that time more than 227 regional projects throughout Virginia have
been supported by RCP funds. Each dollar of RCP funds has been
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561
leveraged with 19 dollars of non-state funds. In the Roanoke Valley-
Alleghany region, RCP funds have been used to support regional
industrial parks, workforce development/education, tourism and
infrastructure development.
. The Commonwealth needs to move aggressively to reform its tax
system. There have been two study commissions established to
examine the problem of funding state and local governments and as
yet, there has been no major movement toward tax reform. Recently,
a new Tax Code Study Commission was established. The General
Assembly needs to encourage this Commission to complete its work
in a timely fashion and the General Assembly should act on the
Commission's recommendations to ensure Virginia's tax system is fair
and aligns service delivery responsibilities with revenue sources at the
state and local level.
He advised that this is an opportunity to get the issue off of square one, as the
Governor and members of the Republican Party are interested in the matter, and he
would like to receive responses from localities by October, 2003, in order to reach
consensus on the items and move forward. After the elections in November, he
proposed that legislators be invited to attend a meeting ofthe Regional Leadership
Summit at which time proposals will be reviewed. Dr. Cutler suggested that funding
freight rail service in the area be included in the items to be discussed with
legislators.
Mr. Bestpitch stated that he attended a meeting of the VML Policy Committee
on Transportation in Richmond; in a presentation by Dr. Mary Lynn Tischer
regarding reauthorization of the Transportation Act, it is proposed this year to
rename the Act the "Safe Accountable Flexible Efficient Transportation Equity Act"
(SAFE TEA). He further stated that the House of Representatives is working on a
dollar number of $375 billion, the Senate is looking at approximately $311 billion,
and the White House is regimenting $247 billion; and the picture that is being
painted gets bleaker and bleaker in terms of the amount of funding that will be
available for transportation projects. He added that new projects such as 1-73 would
still be eligible for funding, but funding may be an issue, and will continue to affect
localities.
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562
Mr. McNamara advised that the land use issue was still contained in the
regional legislative agenda; Roanoke County received some assistance with Explore
Park, but would continue to supply the bulk of funding so that the County would
have a little more control over the development and use of the Park, the concept
being that it was not going to be a profitable venture any time in the near future, but
at least there would be the underlying asset that the County could develop and use
the Park.
Dr. Cutler called attention to the original statute establishing Explore Park
which provided that the land would revert to the State, and basically become a part
of the park system.
Mr. Hodge stated that Roanoke County would like more assurance from the
State that the County's investment in Explore Park will be protected; the State and
County would be working in a partnership with the National Park Service; working
in partnership with the National Park Service would provide more protection and
more reason to contribute funds, because they would have ownership and
protection of their investment.
Mr. McNamara requested that members of the Regional Leadership Summit
share the information with their respective Councils and Boards of Supervisors, and
continue to develop their own community agendas which can be incorporated in the
information to be presented to area legislators. He stated that all items approved by
the Leadership Summit last year are still contained in the regional legislative
agenda.
AIRPORT-CONSULTANTS: Beth Doughty, President, Roanoke Regional
Chamber of Commerce, presented an update on the Airport Alliance, advising that
the pledge bank was established in April, and the travel pledge program bank has
raised over $2 million from 103 businesses to date; some major users have not
pledged as yet; Barry DuVal, President and CEO, Kaufman and Canoles Consulting,
LLC, has compiled all information received to date and sent a report to AirTran
Airlines showing the support of regional alliances consisting of public/private
partnerships to recruit low-fare carriers; and although AirTran Airlines remains their
number one target, because of certain market and service changes, Mr. DuVal will
contact other low-fair carriers as well. She stated that it is believed that the pledges
will exceed over $2 million; and the number one destination from Roanoke would be
to Atlanta, however, more information will be available in January, 2004.
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563
Ms. Doughty distributed a Campaign For Fair Airfares Status Report, dated
July 18, 2003, which listed the names of businesses that have made pledges, those
that declined to pledge, those that made pledges but have not been received, a
target list, a list of progress to date, and a list of businesses where presentations
have been made.
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport,
distributed copies of the joint application of the Roanoke Regional Airport
Community Consortium for Improved Air Service and the Roanoke Regional Ai "port
Commission, dated June 23, 2003, to the Department of Transportation, regarding
a proposal under the Small Community Air Service Development Pilot Program
(Docket # OsT . 2003-15065), including an application summary. She noted that a
figure of $2.3 million in pledges was included in the application. She stated that the
80% load factor is not happening at the airport. She stated that approximately $20
million is available; approximately 200 airports will apply for the grants; no more
than 20 airports will be awarded grants; and no more than four in anyone state
could receive grants, which was not an issue last year. She further stated that
Federal grants encourage co-applicants to share funding amounts; concentration
will be placed on getting the money first and then assess the interest of AirTran; the
grant documents could be negotiated; the travel bank helps to protect the revenue
guarantee for the air carrier; and the grant will not be a continuing subsidy.
Following discussion regarding adoption of a resolution of support, Ms.
Shuck encouraged members of each locality to write individual letters of support for
the application instead, and send them directly to Docket Operations and Media
Management, M-30, Room PI-401, Department ofTransportation, 400 7tl1 Street, s. W.,
Washington, D.C. 20590, or to the Honorable Norman Mineta, Secretary of
Transportation, United States Department of Transportation, 400 Seventh Street,
Washington, D.C. 20590, to request that the application be placed on the docket.
She closed by stating that all those things that were proposed to be done last year
have been put in place, and suggested that members view the information provided
at the Department of Transportation's website (www.dot.gov/regulations.html) by
using the docket number given on the handout.
After a discussion regarding whether to adopt a resolution, or send letters by
member localities, or contact Virginia senators, representatives, or the Governor,
Ms. Shuck suggested that sending individual letters to the Department of
Transportation from each locality containing information about the various aspects
of the service and stating support of the application would be the best way to show
support.
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Mr. McNamara stated that the airport issue is very important to the region and
also encouraged representatives of the Regional Leadership Summit to write
individual letters to show the breadth of support and the variety of peoples that the
airline would serve. He mentioned that some localities in neighboring states have
lost their commercial air carrier service recently, and again encouraged
representatives to discuss the initiative with their constituents because it is critical
to businesses in their respective communities to participate in the travel pledge
program.
OTHER BUSINESS/ANNOUNCEMENTS:
Mayor Smith announced that Norfolk Southern Corporation has offered to
furnish a train for a non-stop rail excursion on October 15, 2003, in lieu of the next
Leadership Summit, starting in Bedford and ending in Christiansburg. He stated that
parameters should be established for the trip, and suggested that a bus could be
provided at a specific designation point in Roanoke at 11 :00 a.m., to take members
to the train in Bedford; the train could leave Bedford at 11 :45 a.m., travel non-stop
for three hours to Christiansburg; and a bus could be provided in Christiansburg to
transport members back to Roanoke by about 4:00 p.m. He further stated that
Norfolk Southern will serve as host and provide a box lunch on the train, there will
be a 60 person limit, advance reservations will be required, and a list will be
compiled of those who plan to attend.
Dr. Cutler spoke in support of the excursion and suggested that 3ach
jurisdiction prepare a guide of "lookout points" that could be pointed out along the
way.
Mr. McNamara advised that a Mayors and Chairs meeting will be held on
August 22, 2003, to be hosted by the Town of Vinton.
Mr. McNamara further advised that the Long Range Water Supply Study is
complete and a report, which contained 12-15 alternatives, will be forwarded to
localities in early August, with citizen input requested toward the end of August; and
the study would not require a public hearing.
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565
There being no further business, the Mayor declared the meeting of Roanoke
City Council adjourned at 1 :30 p.m.
APPROVED
Ralph K. Smith
Mayor
ATTEST: ~
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Mary F. Parker
City Clerk
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