HomeMy WebLinkAboutMins 02/20/01 - 08/20/01NOTICE
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
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 20, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
February 20, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Rule 1,
Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K.
Smith ........................................................................................................... 6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ............................................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159, for
a briefing by the City Manager on Victory Stadium.
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At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding, and all Members of the
Council in attendance.
OFFICERS PRESENT: Darlene
William M. Hackworth, City Attorney; James
Mary F. Parker, City Clerk.
L. Burcham, City Manager;
D. Grisso, Director of Finance; and
PARKS AND RECREATION-STADIUM-SCHOOLS: The City Manager
introduced a briefing with regard to Victory Stadium. She advised that on Monday,
January 29, 2001, Council held a public hearing regarding options for Victory
Stadium and, in advance of the public hearing, a meeting was held with
representatives of the high school athletic community to identify their concerns
regarding the various proposals. Immediately following the meetings, she stated
that Fred Krenson, representing Rosser International, Inc., was contacted to identify
various options and alternatives to the proposals that had previously been shared
with Council, with an eye toward being as responsive as possible to each concern
that was identified, recognizing that there might be trade-offs in the process, but
also addressing such issues as the absence or presence of a track facility,
accessing the football field, the number of seats on both sides of the Stadium, and
how the sun would or would not reflect into the eyes of persons in the press box,
members of the football team and the audience. She called attention to concerns
related to the flood way, flood plain and levy wall; whereupon, she requested that the
City Engineer address certain issues relating to the geographical location of Victory
Stadium. Following the City Engineer's presentation, she advised that Mr. Krenson
would review two options under study for Victory Stadium renovation and
Steve Angelucci, Senior Vice President of ISP Sports, Inc., and Ken MacDonald,
Executive Director, SFX Entertainment, were also present to answer questions
regarding opportunities and challenges for booking events at Victory Stadium.
In view of the U.S. Army Corp of Engineers flood reduction project, the City
Engineer addressed the floodplain and the floodway, and advised that the floodplain
area is the area of the 100 year regulatory flood, and within this area is the floodway.
He explained that nothing could be done within the floodway that would raise the
regulatory flood elevation without a review by the Federal Emergency Management
Association (FEMA) which has very little latitude to approve these types of
encroachments. He stated that a track facility will not fit on the Victory Stadium site
without major revisions because if would overlap the boundaries of the flood
reduction project to be built on the Roanoke River.
The City Manager pointed out that with any of the Victory Stadium options, it
has been anticipated that the elevation of either the field and/or the support facilities
would have to be raised up to ten feet.
Mr. Krenson reviewed two concepts for Victory Stadium
summarized as follows:
Option 1.1
Includes renovation of the existing stadium, keeping the
field at the current level, providing football and soccer
sports functions and portable stage setup, providing 1,000
permanent chair seats and 4,000 bleacher seats on each
side, reconstructing spectator support facilities and
reconstructing the press box.
Any sta~le element must be portable
Any stage will be a temporary setup in the end zone or on
the field. As such, it will be marketable only on an
occasional, special event basis, just like it is currently.
All stadium support facilities
flood plain.
All support facilities would be
approximately ten feet.
are raised above the
required to be raised
City School issues
1. Press box faces east - - desirable
2. Field runs north-south - - desirable
3. Comparable seating capacity on both sides - -
5,000~5000 split
4. Track not included in design.
Distances 1. Front row, 50 yard line to football sideline - - 57 feet
2. Front row, permanent stands to front edge of
stage - - 284 feet
Overall Total, Stadium and Parkin.q
$9,664,199.00 (to relocate the fountain add $65,000.00)
Option 1CC
New Stadium with movable seats, oriented more east-
wide, for 8,000
This option includes demolishing the existing stadium,
raising the field approximately ten feet, providing football,
soccer and track sports functions and permanent stage
which
are
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setup, providing 5,000 permanent chair seats on the
non-stage side constructed to allow them to be moved
near the stage for small capacity amphitheater events,
providing temporary bleacher seating for approximately
3,000 on the stage side, reconstructing spectator support
facilities and reconstructing the press box.
Permanent stage element creates more marketable
amphitheater
Permanent stage on the southwest side faces an adequate
direction for the stage, allows seats located on the field
and the opposite side stands to be usable for a more
available amphitheater arrangement, particularly when
moved closer to the stadium.
Smaller Capacity facility allows the track to fit more
sim;)ly.
Track oriented SSE-NNW will allow stands and stage to fit
within the available space.
All stadium components are raised above the floodplain.
City School Issues
1. Press box faces southwest - - less desirable
2. Field runs NNW-SSE - less desirable; compromise
for sports and amphitheater; track in this
orientation fits better within floodway parameters;
3. Comparable seating capacity on both sides - -
5,00013000 split
Distances
1. Front row, 50 yard line to football sideline - 85 feet
(without track- 57 feet; without track and without
soccer field - 45 feet)
2. Front row, permanent stands to front edge of
stage - 330 feet (without track - 284 feet; without
track and without soccer - 225 feet). Note: potential
for moving stands in this option would allow
"permanent" stands to be moved and located on the
field, as close as 75 to 100 feet from the stage,
depending on capacity needs.
Overall Total, Stadium and Parking -
$19,572,084.00 (to relocate the fountain add
$65,000.00)
Question was raised as to the frequency of flooding at Victory Stadium;
whereupon, staff advised that after reviewing historical records spanning
approximately 50 years, it appears that Victory Stadium floods every five to six
years.
The Mayor requested information on the number of times that the water level
exceeded six inches, as well as the flooding potential over the next 50 years if a
flood wall is constructed.
In view of the limitations of the Victory Stadium location, Mr. White suggested
that another site in the City be identified, along with the costs to construct a first
class high school football stadium for 6000 - 8000 persons and a field for track.
The City Manager stated that given what is now understood to be some of the
limitations of the Victory Stadium site, it would be advisable to look at other
available sites and costs. She advised that the Roanoke community of today would
not support an amphitheater by itself, but in combination with a stadium, it is
feasible and could help to market the community. She explained that neither of the
options presented by Rosser International allows the opportunity to address the
track situation at any time in the immediate future, although it may be possible to
create a track after the flood wall is constructed and the flood reduction process has
been completed, however, it could be as long as six years before the flood reduction
project is completed. Therefore, she stated that the question is: are either of the
options agreeable to Council recognizing that the track issue remains unresolved,
or should the City think about proceeding as some members of the high school
athletic community have suggested and build a track or tracks at the two high
schools to accommodate that issue.
Mr. Harris spoke in support of providing a briefing on the two options
authorized by Mr. Krenson to the Roanoke City School Board, especially that
information regarding the track facility and how the facility relates to
floodway/floodplain issues since that has been one of the primary concerns about
the Victory Stadium site.
Ms. Wyatt reiterated a suggestion previously made by Mr. Bestpitch with
regard to the feasibility of a regional track facility which would help to defray costs
and provide a level of valley cooperation. She requested information regarding the
cost of a combination track and football field, a football stadium, and a regional
and/or separate track facility.
Mr. Angelucci, a concert promoter and manager of the Virginia Beach
Amphitheater which is a 20,000 seat facility and the Richmond Classic Amphitheater
which is an 11,400 seat facility, advised that he has promoted concerts in Roanoke
since 1988, and based upon his experience, Council would be wise to spend a
considerable amount of time debating the issue because it is a major decision for
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the City of Roanoke. He stated that many entertainment artists choose 35 day tours
and they select the 35 opportunities that will enable them to earn the most money,
contracts are based on attendance, therefore, seating capacity is a key issue, and
six to ten shows/events per year is a reasonable number to anticipate.
In terms of marketing, Mr. MacDonald advised that the vitality and viability of
the Roanoke market as a location for concerts over the past three years has
improved dramatically. He called attention to a recent study which indicates that it
is estimated that an average of six to ten concerts could be attracted to Roanoke
annually.
Following discussion, it was the consensus of Council that the City Manager
be requested to identify the frequency of flooding at the Victory Stadium site since
the facility was constructed, including the number of flood incidents as a result of
heavy rainfall; the cost of constructing a stadium at a different location, with or
without a track facility; the possibility of a regional or separate track facility; to
communicate track facility issues as related to the floodway to the Roanoke City
School Board; and to report on potential uses of Victory Stadium on a short term
basis.
At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Tuesday, February 20, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor
Ralph K. Smith ................................................................................................ 7.
ABSENT: None 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
Douglas Turner.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
ACTION:
PRESENTATIONS
DECEASED PERSONS-ZONING-COMMITTEES: Mr. White offered
the following resolution memorializing the late Sydnor W. Brizendine,
Jr., who passed away on February 7, 2001:
(#35213-022001) A RESOLUTION memorializing the late
Sydnor W. Brizendine, Jr., a lifelong resident of Roanoke and a
Iongtime member of the City's Board of Zoning Appeals.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35213-022001.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -7.
NAYS: None .................................................................... -0.
The Mayor requested that a moment of silent prayer be observed
in memory of Mr. Brizendine.
DECEASED PERSONS-CITY EMPLOYEES: On behalf of the
Members of Council, the Mayor expressed condolences upon the
passing of Mr. Reid Cotton, a City employee who lost his life in the line
of duty on Tuesday, February 13, 2001. He requested that a moment of
silent prayer be observed in Mr. Cotton's memory.
At 2:10 p.m., the Mayor declared the meeting in recess.
At 2:25 p.m., the meeting reconvened in the City Council
Chamber, with Mayor Smith presiding, and all Members of the Council
in attendance.
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 attention to a report of the City Manager which was added to the
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ACTION:
ACTION:
ACTION:
Consent Agenda requesting a Closed Meeting to discuss a matter of
disposition of publicly held real property, pursuant to Section
2.1-344(A)(3) Code of Virginia (1950), as amended.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, September 5, 2000, and Monday, September 18, 2000, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 7.
NAYS: None ....................................................................... 0.
COMMITTEES-SPECIAL EVENTS: A communication from
Jay Stephens tendering his resignation as a member of the Special
Events Committee, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed
and that the resignation be accepted. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ............................................................... -7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: A report of qualification of Robert N. Richert as a member of
the Architectural Review Board for a term ending October 1,2004, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ 7.
NAYS: None ................................................................... -0.
COUNCIL: A communication from the City Manager requesting
that Council convene in Closed Session to discuss disposition of
publicly held real property, pursuant to Section 2.1- 344(A)(3), Code of
Virginia (1950), as amended, was before the body.
(For full text see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to meet in Closed Session to discuss disposition of publicly
held real property, pursuant to Section 2.1- 344(A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder and Mayor Smith ................................................................. 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTS OF ACKNOWLEDGMENT-DISABLED PERSONS:
Christene A. Montgomery, Chair, Mayor's Committee for People with
Disabilities, expressed appreciation for the City's compliance with the
Americans with Disabilities Act. She called attention to issues and
responses relating to the Carvins Cove Reservoir Study, more timely
notice of meetings of the Mayor's Committee for People with
Disabilities so that persons with disabilities may plan for and attend
meetings, separating Wasena and Smith Park plans, additional parking
spaces for the handicapped near the Noel C. Taylor Municipal Building,
closed captioned for the hearing impaired on RVTV Channel 3,
appointment of persons to committees who are aware of
cross-disability issues, and appropriation of funds totaling $161,220.00
for remodeling four City recreation centers and seven park shelters to
be in compliance with the Americans with Disabilities Act.
She commended the Deputy City Manager, James D. Ritchie, for
his cooperation and assistance.
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ACTION:
ACTION:
(See report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that report
would be received and filed.
COMPLAINTS ROANOKE NEIGHBORHOOD PARTNERSHIP-
HOUSING/AUTHORITY: Ms. Gloria Dorma advised that on October 4,
1999, she appeared before Council in connection with neighborhood
development issues, and since that time, certain neighborhood plans
have been completed by City Planning staff. She further advised that
on October 4, 1999, she requested that the City clearly define the term
"multi-family" housing as to location and number of units in a specified
area so as not to create an "asphalt jungle". At that time, she stated
that she spoke in support of constructing housing units such as
duplexes in residential areas throughout the community that would
meet the criteria for Iow income housing, she expressed concern
regarding the concentration of multi-family housing in northwest
Roanoke, and requested that the City prepare a neighborhood plan for
northwest Roanoke before any additional multi-family housing is
constructed.
Ms. Dorma reiterated her October 4, 1999, remarks and requested
that appropriate legal terminology be included in the neighborhood
plan(s) for northwest Roanoke to prevent developers from constructing
large housing developments in one concentrated location and
eliminating open or green space within the housing developments.
Without objection by Council, the Mayor advised that the remarks
of Ms. Dorma would be referred to the City Manager and the City
Attorney for appropriate response.
PETITIONS AND COMMUNICATIONS:
BUDGET-PENSIONS: A communication from Council Member
William White, Sr., recommending that the matter of consideration by
Council of a permanent cost-of-living adjustment (COLA) for all City
retirees be referred to fiscal year 2001-02 budget study, and that the
City Manager and the Director of Finance be requested to survey other
Virginia governmental retirement plans and recommend an appropriate
percentage increase for Council's consideration during budget study
sessions, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
ACTION:
Mr. White moved that the matter be referred to the City Manager
and the Director of Finance to survey other Virginia Governmental
retirement plans and to recommend an appropriate percentage increase
for Council's consideration during fiscal year 2001-02 budget study.
The motion was seconded by Ms. Wyatt and unanimously adopted.
TAXES-SPECIAL PERMITS: A petition from the Blue Ridge Small
Business Development Center, Inc., dba The New Century Venture
Center, requesting tax-exempt status on real property located in the
City of Roanoke at 1354 Eighth Street, S. W., pursuant to Section
30 - 19.04(B) Code of Virginia (1950), as amended, was before the body.
(For full text, see petition on file in the City Clerk's Office.)
Mr. White moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Hudson and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of $3,024.00 in additional State
funds for the Governor's Academic Challenge for Success program,
advising that the program will provide additional instruction time for
students who received a school year 2000 accreditation rating of
"Accredited with Warning" in mathematics or English and are at-risk of
not passing the Standards of Learning assessments, said program to
be one hundred per cent funded by State funds, was before Council.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35214-022001) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 School and School Capital Projects Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35214-022001.
The motion was seconded by Mr. Harris and adopted by the following
vote:
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AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ......................................................... 7.
NAYS: None. 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
NEIGHBORHOOD ORGANIZATIONS-HENRY STREET REVIVAL
COMMETTEE-DOWNTOWN NORTH: The City Manager introduced a
briefing on activities/accomplishments of the Roanoke Neighborhood
Development Corporation. She advised that Council Member Hudson,
at the Council meeting on Tuesday, January 2, 2001, requested a
briefing on the RNDC project, including financial information on the
amount of funds appropriated by the City to the project since its
inception and accomplishments to date; whereupon, she called upon
Stanley R. Hale, Executive Director, for remarks.
Mr. Hale introduced RNDC Board members in attendance, i.e.:
Council Member Linda F. Wyatt, Vernice Law, President, The Reverend
Johnny Stone, N. L. Bishop, and Cynthia Bryant. He called upon
Melinda Payne, the City's liaison to RNDC, to present the briefing.
Ms. Payne advised that as the RNDC Board of Directors began to
think about where they were headed with the project, they realized that
former Mayor Noel C. Taylor initiated the idea of revitalizing the
Henry Street area more than two decades ago; and RNDC was created
as the community component of a public/private partnership with the
City of Roanoke in response to Dr. Taylor's appeal. She stated that
RNDC is a non-profit community-based organization partnering with the
City of Roanoke and the Roanoke Redevelopment and Housing
Authority to facilitate revitalization and development in an area of the
Citywhich was once referred to as the Greater Gainsboro Development
area. She advised that RNDC wishes to enhance the quality of life in
the City of Roanoke, specifically Henry Street and surrounding
residential neighborhoods; and the RNDC Board is composed of
Roanoke citizens, although some might not now live in the immediate
area, who are committed to Gainsboro through the importance that the
community played in their personal development or development of
their ancestors. She explained that RNDC has a new project manager,
Stanley R. Hale, President and CEO of Southwest Virginia Community
Development Fund; a new master plan is under development, along
with selection of an architect; a new design will reflect the essence of
the Gainsboro neighborhood; and a contract has been entered into with
Copty and Company to assist with marketing and other
pre-construction startup activities. She called attention to the
importance of completing the vision for a better Gainsboro, the final
cornerstone of the legacy of Roanoke's oldest settlement or community
which predates the incorporation of Roanoke as a city. She advised
that the most historical site in Gainsboro is Henry Street which once
served as the most popular dining, entertainment and commercial
district for black residents of Roanoke and surrounding areas before
integration; and the Dumas Hotel serves as a reminder of those times.
She further advised that there is much to appreciate in Gainsboro; i.e.:
the Lawson building which houses the Southwest Virginia Community
Development Fund and also serves as RNDC's current headquarters,
Gainsboro Library, Hotel Roanoke, Social Security offices in the former
Stone Printing building, the Higher Education Center which is the first
of three major projects planned for the area, Shenandoah Crossing in
the near future with groundbreaking scheduled for this year, and to
complete the vision is the RNDC catalyst project, Crew Suites, which
is to be located at the intersection of Henry Street, Wells Avenue and
Gainsboro Road. She explained that Crew Suites will occupy
approximately 45,000 square feet of commercial office building space
which will include a portion of Roanoke City's Department of Social
Services, housing between 150 - 200 service related jobs. She advised
that project objectives include: lease commitments for at least 60 per
cent of the space by September 30, 2001, with construction to begin by
November 2001 and project completion by October 2002, and the Board
of Directors of RNDC is committed to insuring that Crew Suites fits in
with the surrounding neighborhood.
Mr. Hale advised that the Board of Directors of the Southwest
Virginia Community Development Fund agreed, at the request of RNDC
in October 2000, to provide the necessary staff support and leadership
to the project and in order to be successful, the project, will require
community support and support from City Council and the City
administration. He further advised that after assuming his position, he
performed a quick assessment as to where the RNDC project is and
where it needs to go. He stated that realistic objectives were
established and a team was appointed to help accomplish objectives
which will include an architect to be hired within 30 days, and a real
estate management firm which has already been employed (Copty and
Company) to assist with marketing and other pre-start up activities.
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ACTION:
Vice-Mayor Carder called attention to the Gainsboro
Neighborhood Plan and the Outlook Roanoke Plan and addressed the
importance of insuring that the development efforts of RNDC mirror and
support efforts of the Outlook Roanoke Plan.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
COMMUNITY PLANNING: The City Manager introduced a briefing
on the City's Vision 2001 - Comprehensive Plan.
Brenda McDaniel, Member of the Comprehensive Plan Advisory
Committee, advised that the theme of Vision 2001 is to imagine the
future of Roanoke, but at the same time, to keep the soul; it was
realized that before a vision could be created for Roanoke by imagining
the future, it was necessary to find out what citizens perceive to be
special about Roanoke, and by asking citizens what they thought was
unique, a planning process could begin that recognizes Roanoke's
strengths, as well as those areas that need improvement.
She advised that in October, 2000 citizens were invited to the
Roanoke Civic Center to share their thoughts and suggestions, and the
following themes surfaced as a result of the forum:
Think Regionally/think big. Be confident about the
future of the City and region.
Protect the environment: mountains, ridgetops,
viewsheds, streams, parks and green ways are an
important resource and provide the foundation for
a gmat quality of life in Roanoke.
Economic Development: Keep pace with current
and emerging technologies; market Roanoke's
environment, recreational and cultural attractions.
Capitalize on new technology as an economic
development engine and to provide greater access
to workforce development, education, and
information.
Downtown: celebrate successes in revitalizing and
re-energizing the downtown area.
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Transportation: build great urban streets for
vehicles and people, with trees, sidewalks and
bikeways that add value to the City and its
neighborhoods; continue to support and expand air
transportation.
Education and schools: a healthy, attractive public
school system is a very important asset in
attracting and retaining families in the City.
People: People of all ages and backgrounds should
be encouraged to be active participants in City life,
especially youth as they are the future leaders of
the City.
Ms. McDaniel stated that because the Comprehensive Plan deals
with many aspects of the life and work of its citizens, six Task Teams
were formed to address a wide variety of issues ranging from code
enforcement to solid waste management, from brownfields to green
ways, from neighborhoods to regional economic development and from
schools to technological infrastructure, among others.
She advised that on January 25, 2001, a public draft containing
the results of the task team meetings was presented and the meeting
was important because it enabled the Advisory Committee to set
priorities for the next phase of the planning process which will end on
May 30, and will focus on specific ideas that have surfaced to the top
of the plan; ten groups called "Roundtables" will define ideas dealing
with technology, housing, economic development initiatives, creating
measures for a healthy community, creating multi-service centers,
design guidelines for streetscapes and transportation corridors, selling
Roanoke to newcomers, residents and visitors, strategies for funding
critical cultural and recreational amenities, looking at the potential for
development of underutilized orvacant sites, enhancing neighborhood
commercial centers by thinking of them as village centers, and much
more; "Roundtables" are open to the public and will consist largely of
committee members, task team members and City staff, the purpose of
which is to add more depth to the plan and to test the ideas that have
been raised several times during the process in an effort to see if and
how these ideas can be molded into recommended programs, projects
and policies, and citizens will be asked to think about a timeline for the
recommendations.
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ACTION:
ACTION:
Ms. McDaniel explained that on May 5, the Advisory Committee
is expected to view a draft plan; staff and consultants will take
comments and schedule another public forum where citizens will again
comment and provide feedback on the draft plan, and shortly thereafter,
the plan will be presented to the City Planning Commission and to City
Council.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The
City Manager submitted a communication advising that Council
authorized an 80 MHz Regional Radio system and entered into an
Intergovernmental Agreement with Roanoke County in 1997 for
installation and maintenance of the system; the radio system was
placed into use in 1999 for Public Safety and is now being used by all
departments in the City; and $101,000.00 was included in the Transfers
to Capital Projects Fund as part of the adopted General Fund budget for
fiscal year 2000-01 in support of maintenance for the project.
The City Manager recommended that
$101,000.00 to the Radio Project Account for
purposes.
Council appropriate
annual maintenance
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35215-022001) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35215-022001.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -7.
NAYS: None O.
BUDGET-GREENWAY SYSTEM: The City Manager submitted a
written communication advising that in 1999, the Lick Run Greenway
bicycle/pedestrian lane was completed from the 1-581 interchange to
Valley View; the Roanoke Valley Greenway Commission recently
received bids on completion of the next phase of the Lick Run
Greenway, which will extend from the 1-581 interchange to Court Street;
design work will begin soon on the final phase that will continue the
Lick Run Greenway to The Hotel Roanoke; and the Lick Run Greenway
will be a part of a City-wide greenway system, with each portion being
constructed as funds become available.
It was further advised that the Greenway Commission received
five bids ranging from $124,800.00 to $233,747.55, with L&S Plumbing
and Excavating Company of New Castle, Virginia, submitting the Iow
bid; the Greenway Commission Steering Committee voted to accept the
bid from L&S Plumbing and Excavating Company; the Roanoke Valley
Greenway Commission set aside $104,000.00 and is requesting
$32,000.00 from the City of Roanoke to complete the project; of these
funds, $20,000.00 will be used for construction as designed and
$12,000.00 will be set aside for a ten per cent contingency fund; and
funding in the amount of $125,110.00 from proceeds of the sale of
Westview Terrace, Account No. 008-1329, is available for greenway
development.
The City Manager recommended that Council appropriate
$125,110.00 from Account No. 008-1329 to a new account entitled,
"Greenway Development"; the money will be used to fund the City
system of greenways and drawn upon as each portion is constructed;
and that Council further authorize payment of $32,000.00 to the
Roanoke Valley Greenway Commission for completion of the Lick Run
Greenway from the 1-581 interchange to Court Street from said new
account.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35216-022001) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
17
18
ACTION:
Mr. Harris moved the adoption of Ordinance No. 35216-022001.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ........................................................... 7.
NAYS: None ....................................................................... -0.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising
that on June 30, 2001, the three year terms of office of Melinda J. Payne
and Ruth C. Willson as Trustees of the Roanoke City School Board will
expire; pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Trustees, Council must hold certain meetings and take
certain actions during the months of March, April and May to conform
with the selection process, therefore, the concurrence of Council in
establishing the following dates is requested:
(1)
On Monday, March 19 at 6:00 p.m., Council will hold an
informal meeting (reception) which will be open to the
public with all candidates for School Trustee in the
Emergency Operations Center Conference Room, Room
159, Noel C. Taylor Municipal Building.
(2)
On Monday, March 19 at 7:00 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.
(3)
On Monday, April 2 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will, by public vote,
select from the field of candidates, those candidates to be
accorded the formal interview and all other candidates will
be eliminated from the School Trustee selection process.
The number of candidates to be granted the interview
shall not exceed three times the number of positions
available on the Roanoke City School Board, should there
be so many candidates.
ACTION:
(4)
On Monday, April 16 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.
(5)
On Thursday, April 19 at 6:00 p.m., Council will hold a
meeting for the purpose of conducting a public interview
of candidates for the position of School Trustee.
(6)
On Monday, May 7 at 2:00 p.m., or as soon thereafter as
the matter may be heard, Council will hold an election to
fill the two vacancies for terms commencing July 1, 2001,
and ending June 30, 2004.
(For full text, see report on file in the City Clerk's office.)
Mr. White moved that Council concur in the above referenced
dates. The motion was seconded by Mr. Harris and unanimously
adopted.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
TRAFFIC-PARKS AND RECREATION-BRIDGES-STREETS AND
ALLEYS: At its meeting on Monday, February 5, 2001, Council received
a briefing by the City Manager with regard to one way traffic on Wiley
Drive for the entire length of Wasena and Smith Parks, the matter was
again before the body. On February 5, Council voted to accept the
report of the City Manager with the request that City staff report to
Council by Tuesday, February 20, 2001, on the implications of not
including Wasena Park in the proposed plan, pending completion of the
flood control project on the Roanoke River by the U.S. Army Corp of
Engineers and that any plan which is submitted to Council will address
requirements of the Americans with Disabilities Act. Also on February
5, Vice-Mayor Carder requested that the City Manager review the matter
of installing stop signs at pedestrian crosswalks, and the posting of 13
mph as opposed to 15 mph speed limit signs.
The City Manager submitted a communication in response to
questions raised by Council Members at the February 5 meeting, as
follows:
School Bus Access - Vertical clearance at the Franklin
Road Bridge is limited to approximately ten feet; regular
size school buses require at least ten feet six inches of
19
20
clearance; regular size buses are the only vehicles that
can accommodate handicapped students; smaller buses
that are available in the fleet will not accommodate
handicapped students; therefore, City staff recommends
that the grade on Wiley Drive be lowered by two feet to
provide the required vertical clearance, at a cost of
$20,000.00.
Americans with Disabilities Act access - The plan is fully
ADA compliance; it will provide handicapped accessible
parking immediately adjacent to the ADA accessible
restrooms in Smith Park; all parking areas will include
handicapped van accessible parking spaces; all
pedestrian crossings will meet ADA requirements, and the
plan also proposes an ADA accessible fishing deck in
Smith Park.
Speed Limit Posting - Staff has researched the
effectiveness of the suggested 13 mph speed limit
posting; literature on the subject indicates that such signs
are ineffective, such posting of odd speed limits is
contrary to accepted practice as published in the Manual
on Uniform Traffic Control Devices.
Stop Signs - Staff believes that adequate traffic calming
measures have been included in the project and
recommends that stop signs at pedestrian crossings be
considered as a future option of progressive traffic control
measures.
The City Manager further advised that the current budget
allocated for proposed improvements is $200,000.00, and budget
needed to complete all improvements, including those in the Wasena
Park segment is $325,000.00; the project can be designed to meet the
existing $200,000.00 budget by a corresponding reduction of project
features such as planting boxes, pedestrian islands, and/or parking; if
the project scope is modified to address only the Smith Park segment,
the proposed $200,000.00 budget is adequate; project construction will
be expedited and it is estimated that the project can be completed
within 120 days of Council's endorsement of a plan.
(See communication on file in the City Clerk's Office.)
21
Mr. Hudson expressed concern with regard to spending
taxpayers' money on Wasena Park before completion of the flood
control project by the U. S. Army Corp of Engineers. He advised that he
supports the greenway system, however, other persons use Wasena
Park besides walkers, joggers and bicyclists. He called attention to ball
fields and picnic areas that are used regularly by the public at large in
Wasena Park, therefore, his vote will be based on what is best for all
citizens of Roanoke.
Mr. Bestpitch advised that the intent was of his motion on
October 16, 1999, was to reach a reasonable compromise between
those who wanted Wiley Drive reopened to two way traffic and those
who wanted Wiley Drive to remain closed to all vehicular traffic, and the
compromise was essentially to provide that the same $200,000.00 that
had been appropriated for the traffic calming project could be used to
extend a one way option, not only through Smith Park but all the way
to the far end of Wiley Drive at the west side of Wasena Park where
Wiley Drive intersects into Winchester Avenue. He further advised that
it was his intention to spend no additional money other than the
$200,000.00 previously budgeted to provide a type of greenway
experience along that section of the Roanoke River through Smith Park
and Wasena Park which would allow those persons who desire a
vehicle-free surface on which to walk or ride their bicycles to have
one-half the width but two times the length through both parks. He
stated that an additional $20,000.00 to lower the surface of the roadway
and to provide clearance under the bridge at Franklin Road is a
reasonable addition to the budget. He added that if the U. S. Army Corp
of Engineers develops a flood reduction project that impacts the area,
the planter boxes could be relocated to Smith Park, and the distance
between the planter boxes could be decreased which will not be a
waste of taxpayers' money, and would provide a boost to the greenway
project in a relatively short period of time at a small financial
investment.
Mr. White advised that Wasena Park should be kept separate
from Smith Park until the U. S. Army Corp of Engineers completes its
flood reduction study, and requested that the record reflect that he
voted against the motion on October 16, 1999, and will continue to vote
against any motion that includes the Wasena Park segment.
Vice-Mayor Carder and Council Member Harris advised that they
understood and supported the October '16, 1999, motion of
Mr. Bestpitch because it represents a good compromise and doubles
the greenway for basically the same amount of money.
22
Ms. Wyatt questioned whether the planting boxes can be
relocated. She advised that some changes will be made as a result of
the flood reduction study by the U. S. Army Corp of Engineers and it
would be a waste of taxpayers' money to knowingly proceed with the
project when it will have to be changed in a short period of time. She
advised that she agrees with the concept of greenways, however, if
there will be a major impact on the Wasena Park portion of the project,
it is prudent to hold that part of construction in abeyance until the City
knows exactly what it can and cannot do in regard to the flood
reduction project.
The City Engineer clarified that the planting boxes are
substantially large structures that they can be moved to another
location with the use of heavy equipment, therefor, the planter boxes
located in Wasena Park could be recycled and moved to Smith Park if
necessary. He advised that Smith Park could be addressed without
Wasena Park and City staff is familiar with the location where the flood
reduction project will impact the area.
Question was raised as to whether the project of the U. S. Army
Corp of Engineers will have an impact on the existing road in Wasena
Park, to which the City Engineer responded in the affirmative, and
advised that that portion of the road between the two parking lots will
be removed and replaced with an off road trail that is set back and the
proposal of the Corp of Engineers is to remove that portion of the road
in Wasena Park. He stated, however, that the road would still exist for
Smith Park because the Corp of Engineers flood reduction project does
not propose any improvements in Smith Park.
Upon question by a Member of Council, the City Engineer
advised that Wasena Park and Smith Park includes a total of 154
planting boxes valued at $800.00 each totaling $123,200.00, which
provides for one planter box every 50 feet (90 planter boxes in Smith
Park and 64 in Wasena Park). He further advised that the number could
be cut in half to provide 45 planter boxes in Smith Park and 32 in
Wasena Park, which would provide approximately a $60,000.00
difference in cost. He noted that the spacing on the planting boxes is
critical to the traffic calming effect they should provide and 50 feet
spacing is appropriate to achieve a traffic calming effect; i.e. as a
vehicle is passing one planting box, another box would be in immediate
view, and if spacing is increased from 50 to 100 feet, the effect is
diminished.
23
The City Manager clarified that her recommendation includes the
elimination of a $40,000.00 parking lot, therefore, that $40,000.00 could
be applied to additional planting boxes which would allow planting
boxes to be spaced closer than every 100 feet.
Upon question, the City Engineer advised that his
recommendation would be to space the planting boxes at distances of
every 50 feet in order to achieve the traffic calming effect that is
needed.
Ms. Wyatt moved that Council approve one-way vehicular traffic
through Smith Park, with the inclusion of planting boxes and lowering
of the grade on Wiley Drive by two feet to provide the required vertical
clearance at the Franklin Road Bridge, at a cost of $200,000.00 which
was previously allocated for the project, plus an additional $20,000.00
to be taken from the Contingency Fund for lowering the grade. The
motion was seconded by Mr. Hudson.
The Mayor advised that whatever decision is made will not satisfy
all parties in interest, however, he expressed concern with regard to
spending over $200,000.00 on the project before the flood reduction
project is completed by the U. S. Army Corp of Engineers. He stated
that Council should hear the comments of citizens who were present
out of their concern regarding the matter before voting on the motion
offered by Ms. Wyatt, seconded by Mr. Hudson; whereupon, Ms. Wyatt
raised a point of order. She advised that Council Members Bestpitch
and White had expressed a desire to speak, all other members of
Council had been given the opportunity to speak, therefore,
professional courtesy dictates that Council Members Bestpitch and
White be permitted to address the body before hearing comments by
citizens.
The Mayor advised that he had previously recognized
Mr. Bestpitch on several occasions during the discussion and without
objection by Council, he would proceed with citizen comments.
Hearing no objection, the Mayor called upon the first speaker;
whereupon, Ms. Wyatt moved that Council Members Bestpitch and
White be permitted to present their remarks prior to comments by
citizens.
ACTION: The motion failed for lack of a second.
24
Mr. Thomas Dannel, 2210 Charlevoix Court, S. W., spoke in
support of leaving Wiley Drive open to vehicular traffic to be accessed
both ways. He advised that spending over $200,000.00 of taxpayers'
money for planting boxes is a waste of funds and requested that Smith
Park be left open for all citizens to enjoy. He called attention to other
facilities in Roanoke that joggers, walkers and bicyclists can use which
are located away from vehicular traffic such as public schools Victory
Stadium, etc.
Ms. Ann Lemon, 3169 Westridge Road, S. W., advised that her
generation is not impressed with the way Smith Park and Wasena Park
have been managed in the past and they have taken advantage of other
options to relocate to other cities where urban parks are provided that
are safe, clean and more user friendly for people who want to
participate in all types of recreation, including walking, jogging, biking,
etc. She asked that Council, as its number one priority, make the park
more user friendly for those persons who want to use the area as a
park. She called attention to safety hazards for joggers and bicyclists,
etc., who are forced onto the roadway along with vehicles because the
bridge and some portions of the shoulder of the road are narrow. She
added that the park is not safe or user friendly because of vehicular
parking which attracts undesirable persons who harass pedestrians,
and asked that vehicular traffic be one way through Wasena and Smith
Parks with the other half turned into a greenway.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that
it is important for Council to have a vision and, more importantly, that
the vision be implemented. She stated that in the discussion sessions
regarding Vision 2001, references were made to the need for greenways
and for Roanoke to be a healthy community. She referred to
discussions regarding the delay because of the U. S. Corp of Engineers
flood reduction project which could be as long as ten years in the
future, however, Roanoke needs a facility now for citizens of the
community to enjoy. She stated that there is a need to connect Wasena
Park to Smith Park to River's Edge to Piedmont Park and a greenway
for these parks would allow economic development to proceed.
Mr. Duane Howard, 508 Walnut Avenue, S. W., spoke in support
of leaving Smith Park closed to vehicular traffic. He referred to the
Parks and Recreation Ten Year Master Plan which calls for the
construction of two multi-purpose recreation facilities, yet, Smith Park
in its present form, offers more recreational opportunities for a more
diverse class of people than any building man could ever hope to build
25
and it is already paid for and in full use. He advised that in the years
ahead, Smith Park will be looked upon as a major contributing factor to
the health and vitality of not only the City of Roanoke, but the entire
region, and any action by Council other than keeping the park closed
to vehicular traffic is a wanton act of total disregard for the time, money
and effort that it took to produce the City's Parks and Recreation Master
Plan which represents the wishes of Roanoke's citizens.
Ms. Patty Vipperman, 208 Windward Drive, S. W., suggested that
the park be kept closed to vehicular traffic until there is some
determination with regard to the flood reduction project. She advised
that recently, on a day when the climate was not conducive to outdoor
recreation, she observed numerous joggers, bicyclists and walkers,
etc., enjoying Smith park, therefore, if such a large number of persons
were taking advantage of the park on a cold day, it would seem a
disservice to open the park to vehicular traffic.
The Mayor called attention to the following messages from two
citizens who wished to have their positions noted for the record:
Ms. Anne Jennings, 2710 Rosalind Avenue, S. W., would
like for Wiley Drive to be open for one way traffic and a
pedestrian walkway.
Ms. Beverly W. Pugh, 848 Wildwood Road, S. W., would
like for Wiley Drive to be closed to vehicular traffic.
The Mayor called upon Mr. Bestpitch who had previously asked
to be recognized; whereupon, Mr. Bestpitch asked that Ms. Wyatt
reconsider her position and support a plan of action that will provide
the most for the money invested.
Mr. Harris called for the question. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder and Mayor Smith ................................................................. 7.
NAYS: None ....................................................................... 0.
ACTION:
The motion offered by Ms. Wyatt, seconded by Mr. Hudson, to
approve one-way vehicular traffic through Smith Park, with the
inclusion of planting boxes and lowering of the grade on Wiley Drive by
two feet to provide the required vertical clearance at the Franklin Road
26
ACTION:
Bridge, at a cost of $200,000.00 which was previously allocated for the
project, plus an additional $20,000.00 for lowering the grade, was
adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt and Mayor
Smith ................................................................................... -4.
NAYS: Council Members Harris, Bestpitch and Carder ............. 3.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORAND MEMBERS
OF COUNCIL: None.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
LEGISLATION: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
inquired if Council receives citizen input regarding topics that are
included in the City's Annual Legislative Program and, if so, what are
the requirements for including a project in the Legislative Program.
Even though the City's 2001 Legislative Program has been submitted
to the City's representatives to the General Assembly, she further
inquired if the document can be amended.
All items presented under Other Hearing of Citizens are
automatically referred to the City Manager.
COUNCIL: The Mayor called attention to the Financial Planning
Session of Council which is scheduled to be held on Saturday,
March 10, 2001, at 8:30 a.m., at the Hotel Roanoke Conference Center.
At 5:10 p.m., the Mayor declared the meeting in recess.
At 6:45 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 Carder who left the
meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Harris moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
ACTION:
ACTION:
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 Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .......................................................................... -6.
NAYS: None ........................................................................ -0.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY
SERVICES: The Mayor advised that there is a vacancy on the Blue
Ridge Behavioral Healthcare Board of Directors created by the
resignation of Ann Janney-Schultz, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Sherie Bernath.
There being no further nominations, Ms. Bernath was appointed
as a member of the Blue Ridge Behavioral Healthcare Board of
Directors, for a term ending December 31,2003, by the following vote:
FOR MS. BERNATH: Council Members Harris, Hudson, White,
Wyatt, Bestpitch, and Mayor Smith ................................................... 6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that the terms of office of Clay Grogan and Joel W. Richert as members
of the Board of Zoning Appeals expired on December 31, 2000, and
called for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Clay Grogan
and Joel W. Richert.
There being no further nominations, Mr. Grogan and Ms. Richert
was reappointed as members of the Board of Zoning Appeals, for terms
ending December 31, 2003, by the following vote:
FOR MR. GROGAN AND MS. RICHERT: Council Members Harris,
Hudson, White, Wyatt, Bestpitch and Mayor Smith ............................. 6.
27
(Vice-Mayor Carder was absent.)
28
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the three year terms of office
of Lular R. Lucky and William E. Skeen, and the one year terms of office
of Barbara N. Duerk and Charles W. Hancock, as members of the
Roanoke Neighborhood Partnership Steering Committee, expired
November 30, 2000; and there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee created by the
resignation of Mark E. Petersen; whereupon, the Mayor opened the
floor for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Lular R. Lucky,
William R. Skeen, Barbara N. Duerk and Charles W. Hancock.
Mr. Hudson placed
Michael W. Ridenhour.
in nomination the name of
There being no further nominations, Ms. Lucky and Mr. Skeen
were reappointed for terms ending November 30, 2003, Ms. Duerk and
Mr. Hancock were reappointed for terms ending November 30, 2001,
and Mr. Ridenhour was appointed for a term ending November 30, 2003,
as members of the Roanoke Neighborhood Partnership Steering
Committee, by the following vote:
FOR MS. LUCKY, MR. SKEEN, MS. DUERK AND MR. HANCOCK,
AND MR. RIDENHOUR: Council Members Harris, Hudson, White, Wyatt,
Bestpitch and Mayor Smith ........................................................ -6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that there is a vacancy on the Mill Mountain
Advisory Committee created by the resignation of Barry L. Thomas, and
called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Michael A. Loveman.
There being no further nominations, Mr. Loveman was appointed
as a member of the Mill Mountain Advisory Committee, for a term
ending June 30, 2001, by the following vote:
FOR MR. LOVEMAN: Council Members Harris, Hudson, White,
Wyatt, Bestpitch, and Mayor Smith .................................................. -6.
(Vice-Mayor Carder was absent.)
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS
BUREAU: The Mayor advised that the term of office of Sunny Shah as
a City of Roanoke representative to the Roanoke Valley Convention and
Visitors Bureau expired on June 30, 2000, and called for nominations
to fill the vacancy.
Mr. Harris placed in nomination the name of Sunny Shah.
There being no further nominations, Mr. Shah was reappointed
as a City of Roanoke representative to the Roanoke Valley Convention
and Visitors Bureau, for a term ending June 30, 2001, by the following
vote:
FOR MR. SHAH: Council Members Harris, Hudson, White, Wyatt,
Bestpitch and Mayor Smith .............................................................. 6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY
CORRECTIONS BOARD: The Mayor advised that the term of office of
William H. Cleaveland as a City of Roanoke representative to the Court
Community Corrections Program Policy Board expired on December
31, 2000, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of
William H. Cleaveland.
There being no further nominations, Mr. Cleaveland was
reappointed as a member of the Court Community Corrections Program
Policy Board, for a term ending December 31, 2003, by the following
vote:
FOR MR. CLEAVELAND: Council Members Harris, Hudson, White,
Wyatt, Bestpitch, and Mayor Smith .................................................. 6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY
RESOURCE AUTHORITY: The Mayor advised that the term of office of
Robert K. Bengtson as a member of the Roanoke Valley Resource
Authority expired on December 31,2000, and called for nominations to
fill the vacancy.
Mr. White placed in nomination the name of Robert K. Bengtson.
29
3O
ACTION:
ACTION:
ACTION:
There being no further nominations, Mr. Bengtson was
reappointed as a member of the Roanoke Valley Resource Authority, for
a term ending December 31, 2004, by the following vote:
FOR MR. BENGTSON: Council Members Harris, Hudson, White,
Wyatt, Bestpitch, and Mayor Smith .................................................. -6.
(Vice-Mayor Carder was absent.)
Inasmuch as Mr. Bengtson is not a resident of the City of
Roanoke, Mr. Harris moved that the City residency requirement for
persons serving on authorities, boards, commissions and committees
appointed by the Council be waived in this specific instance. The
motion was seconded by Mr. Bestpitch and adopted.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that the terms of office of
John D. Fulton, Jr., and Tommy L. Dowdy as members of the Property
Maintenance Code, Board of Appeals, expired on November 10, 2000,
and called for nominations to fill the vacancies.
Mr. White placed in nomination the names of John D. Fulton, Jr.,
and Tommy L. Dowdy.
There being no further nominations, Mr. Fulton and Mr. Dowdy
were reappointed as members of the Property Maintenance Code,
Board of Appeals, for terms ending November 10, 2005, by the following
vote:
FOR MR. FULTON AND MR. DOWDY: Council Members Harris,
Hudson, White, Wyatt, Bestpitch, and Mayor Smith ........................... -6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised
that the term of office of J. Granger Macfarlane as a member of the
Roanoke Regional Airport Commission will expire on March 31, 2001,
and called for nominations to fill the upcoming vacancy.
Mr. Hudson placed
J. Granger Macfarlane.
in nomination the name of
There being no further nominations, Mr. Macfarlane was
reappointed as a member of the Roanoke Regional Airport
Commission, for a term ending March 9, 2005, by the following vote:
ACTION:
ACTION:
FOR MR. MACFARLANE: Council Members Harris, Hudson,
White, Wyatt, Bestpitch, and Mayor Smith ........................................ -6.
(Vice-Mayor Carder was absent.)
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Mayor advised that there is a vacancy on the Cultural
Services Committee (City Manager's designee), created by the
resignation of Beverly James, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Mary Neal.
There being no further nominations, Ms. Neal was appointed as
a member of the Cultural Services Committee (City Manager's
designee), by the following vote:
FOR MS. NEAL: Council Members Harris, Hudson, White, Wyatt,
Bestpitch, and Mayor Smith ............................................................ -6.
(Vice-Mayor Carder was absent.)
At 6:50 p.m., the Mayor declared the meeting in recess until
7:00 p.m.
On Tuesday, February 20, 2001, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson,
Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, and Mayor
Ralph K. Smith ............................................................................. 6.
ABSENT: Vice-Mayor Carder .................................................1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of
Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council
Member C. Nelson Harris.
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32
ACTION:
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 Tuesday, February 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of CHS, Inc., that
a tract of land lying on the south side of Melrose Avenue, N. W., and the
west side of 24th Street, commonly known as W. B. Clements, Inc.,
containing approximately 10.149 acres, more or less, identified as
Official Tax No. 2420205, be rezoned from C-2, General Commercial
District, to IPUD, Industrial Planned Unit Development District, subject
to certain conditions proffered by the petitioner, the matter was before
the body.
A communication from Michael G. Ballantyne, Senior Vice
President, Carillon Health System, representing CHS, Inc., requesting
that the petition for rezoning be withdrawn, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the petition
for rezoning would be withdrawn.
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 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of VFW Post
#1264 that a tract of land lying on the west side of Grandview Avenue,
N. W., between Empress Drive and Marr Street, identified as Official Tax
No. 2270223, continue to be zoned 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, February 2, 2001, and Friday,
February 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that in
October, 1995, the property was conditionally rezoned from RS-3,
Residential Single-Family District, to C-1, Office District, for the purpose
of constructing a child day-care center according to a proffered
33
development plan; the day-cars center was not constructed, the
property remains zoned C-1, Office District, and is still subject to the
following proffered conditions of the previous rezoning, was before
Council:
"The property will be developed in substantial conformity
with the site plan prepared by Keith Somers, dated
July 22, 1995, a copy of which is attached to the Petition
for Rezoning, as Exhibit B, subject to any changes
required by the City during site plan review."
It was further advised that VFW Post #1264, Inc., has a contract
to purchase the subject property for the purpose of constructing a new
meeting facility; and the contract purchaser desires to retain the
existing C-1 zoning, but amend the proffered conditions in order to
provide for a revised development plan to accommodate the proposed
facility.
The City Planning Commission recommended that Council
approve the request to amend the proffered conditions on said
property, with the understanding that a Fourth Amended Petition, which
was discussed atthe City Planning Commission public hearing, will be
filed prior to Council's public hearing. It was advised that the rezoning
request is consistent with the City's Comprehensive Plan and will have
minimal effect on the surrounding residential neighborhood; inclusion
of sidewalks will be beneficial to the neighborhood and re-location of
the principal building on the northern end of the site near existing
commercial uses will provide a development with greater open space
at the southern end of the property adjacent to residential uses.
(For full text, see report on file in the City Clerk's Office.)
David A. Bowers, Attorney, appeared before Council in support
of the request of his client.
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#35217) AN ORDINANCE to amend §36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 64.)
34
ACTION:
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 35217 was adopted, on its first reading, by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ...................................................................... -6.
NAYS: None ..... - .................................................. -0.
(Vice-Mayor Carder 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 Tuesday, February 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Lorna M. Hall
that two tracts of land located at 3034 and 3042 Brambleton Avenue,
S. W., identified as Official Tax No. 1650903 and 1650946, be rezoned
from RS-3, Residential single-Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, February 2, 2001 and Friday,
February 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
subject properties consist of approximately 1.5 acre and are currently
zoned RS-3, Single Family Residential District; and that the petitioner
requests that the properties be rezoned to C-2, General Commercial
District, subject to certain conditions, in order to use the two existing
residential structures on Brambleton Avenue for commercial purposes,
was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the subject
properties are appropriate for Iow intensity commercial development;
proffered conditions address the development and land use of the
properties; and existing trees within the landscaped buffer between
commercial and residential uses will be retained.
35
(For full text, see report on file in the City Clerk's Office.)
Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
ACTION:
Mr. Bestpitch moved that the following ordinance be placed upon
its first reading:
(#35218) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 35218 was adopted, on its first reading, by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................... -6.
NAYS: None ........................................................................ -0.
(Vice Mayor Carder 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 Tuesday, February 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of
Ruth B. Hartman, Kevin M. and Susan T. Walker, and GAD Management,
that certain property located at 2109 and 2115 Peters Creek Road,
N. W., identified as Official Tax Nos. 6370301,6370302 and 6370304, be
rezoned from RS-3, Residential Single-Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, February 2, 2001, and Friday,
February 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
36
ACTION:
ACTION:
A report of the City Planning Commission advising that the
proposed rezoning consists of three parcels of land currently zoned
RS-3, Single Family Residential District, located at the intersection of
Peters Creek Road and Woodbridge Avenue, N. W.; and the petitioners
propose to develop the site for a J. D. Byrider franchise, which finances
on-site pre-owned cars, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, pursuant to an executed First
Amended Petition to Rezone which should be filed prior to Council's
public hearing on the matter.
(For full text, see report on file in the City Clerk's Office.)
Cooper Yuille, Attorney, appeared before Council in support of
the request of his clients.
Mr. Harris moved that the following ordinance be placed upon its
first reading:
(#35219) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain propertywithin the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning; whereupon,
Mr. Kermit E. Plummer, 1652 Garstland Drive, N. W., spoke in support
of the proposed rezoning. He advised that the proposed use will not
have an adverse impact on the community or on the City as a whole,
and noted that the entire Westview Terrace community endorses the
rezoning.
Mr. Merle Whitbeck, 1806 Angus Road, N. W., spoke in support
of the proposed rezoning. He commended the petitioner for meeting
with residents of the area to answer questions and to explain the
purpose of the rezoning. He advised that the proposed structure will
set a good example for other business establishments on Peters Creek
Road and will be an asset to the neighborhood, while providing an
economic benefit to the City of Roanoke through increased taxes.
37
Mr. Bestpitch advised that the first question Council should ask
itself before making a decision is: how much C-2 property currently
exists in a particular area of the City and how much is needed. He
stated that City Planning staff recommended denial of the request for
rezoning, partly in view of the fact that there is other vacant C-2
property in the immediate vicinity, and it is a disservice to current C-2
property owners and business owners in an area when their ability to
sell their property is continually undercut. He inquired as to why a
person would pay a C-2 property owner what their property is worth on
the commercial market of today when they can purchase a residential
property at a lesser price and petition City Council for a rezoning. He
stated that the City Planning staff's recommendation further indicates
that a C-1 rezoning is more appropriate at this location than a C-2
rezoning, therefor, for the above reasons, he could not support the
rezoning and concurs in the recommendation of City Planning staff.
Ordinance No. 35219, on first reading, was adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt,
and Mayor Smith .......................................................................... 5.
NAYS: Council Member Bestpitch .......................................... 1.
(Vice-Mayor Carder was absent.)
POLICE DEPARTMENT-EASEMENTS-CITY PROPERTY-WATER
RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal to grant a 15-foot
easement across City-owned property to Verizon Virginia, Inc., to install
underground facilities to provide telephone service to the new police
building, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, February 18, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The Water Resources Committee recommended that Council
authorize execution of the appropriate document in a form approved by
the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
38
ACTION:
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#35220) AN ORDINANCE authorizing the donation and
conveyance of a 15' easement across City-owned property located at
348 Campbell Avenue, S. W., to Verizon, for installation of underground
facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 35220 was adopted, on its first reading, by the following
vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................... -6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Carder was absent.)
OTHER HEARING OF CITIZENS:
MISCELLANEOUS: Mr. Robert Gravely, 1412 Moorman Road,
N. W., read a prepared statement offering suggestions for unification
of the City of Roanoke.
(See statement on file in the City Clerk's Office.)
PARKS AND RECREATION-STADIUM: Mr. Jim Fields, 17
Bridgecrest Road, Hardy, Virginia, spoke in support of renovating
Victory Stadium.
(Items addressed under Other Hearing of Citizens are automatically
referred to the City Manager.)
At 7:55 p.m., the Mayor declared the meeting in recess until
Monday, February 26, 2001, at 7:00 p.m., in Fitzpatrick Hall, The
Jefferson Center, 541 Luck Avenue, S. W., at which time Council will
hold a public hearing in conjunction with the City Planning Commission
and the City of Roanoke Redevelopment and Housing Authority on the
proposed South Jefferson Redevelopment Plan.
39
The regular meeting of Roanoke City Council which was declared
in recess on Tuesday, February 20, 2001, until 7:00 p.m., on Monday,
February 26, 2001, at The Jefferson Center, Fitzpatrick Hall, 541 Luck
Avenue, S. W., was called to order by Mayor Ralph K. Smith.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson,
Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H.
Carder and Mayor Ralph K. Smith ..................................................... 7.
ABSENT: None ................................................................ -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of
Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council
Member C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Smith.
The Mayor advised that the purpose of the meeting is to hold a
joint public hearing of the Roanoke City Council, the City of Roanoke
Redevelopment and Housing Authority and the Roanoke City Planning
Commission to consider approval by City Council at a later date of the
proposed South Jefferson Redevelopment Plan and to consider
determining at a later date whether the proposed redevelopment plan
is substantially in accord with Roanoke Vision, the City's adopted
Comprehensive Plan. He further advised that the redevelopment plan
relates to the area which is generally east of Route 200 (the Roy L.
Webber Expressway), west of the Roanoke River, south of Elm Avenue
Interchange with 1-581 and north of Wiley Drive and Wiley Road.
The primary purpose of the Redevelopment Plan is to provide for
private reinvestment and economic growth through redevelopment by
private enterprise. Specifically, the goals of the Redevelopment Plan
are to eliminate blight, blighting influences, deteriorations and
deleterious land use, to improve business activity and to generate
additional economic value for the City of Roanoke, to make the best use
of the area's location and urban character, and to provide for a versatile
mix of complimentary land uses with the redevelopment area.
Legal advertisement of the public hearing was published in
The Roanoke Times on Wednesday, February 14, 2001 and Wednesday,
February 21, 2001.
40
(See publisher's affidavit on file in the City Clerk's Office.)
City of Roanoke Redevelopment and Housing Authority members
present: Ben J. Fink, H. Victor Gilchrist, James W. Burks, Jr., Christie L.
Meredith, and Willis M. Anderson, Chair.
Roanoke City Planning Commission members present were:
Robert B. Manetta, Alfred T. Dowe Jr., Richard A. Rife, Gilbert E. Butler
and D. Kent Chrisman, Chair.
John P. Baker, Executive Director, Roanoke Redevelopment and
Housing Authority, presented a summary of the proposed
Redevelopment Plan for the South Jefferson Street area. He advised
that the area under discussion extends from Roanoke Memorial
Hospital and Victory Stadium up Reserve Avenue to Franklin Road and
along both sides of Jefferson Street up to Albemarle and Highland
Avenues including much of the Roanoke River front property along that
area. He stated that the area qualifies for redevelopment underVirginia
law because the existing physical and economic conditions justify
public participation to correct physical conditions and to strengthen the
economic base of the City of Roanoke. He further stated that the goal
is to remove physical conditions that have not generated economic
stability and growth in the area and to provide an environment and
infrastructure that will encourage private reinvestment and
development that will add to the strength of the City's economic base.
He advised that not just any area in a city qualifies for the intent of
public assistance that is proposed with this redevelopment area; the
Virginia General Assembly has determined that many communities
have areas that do not contribute adequately to the strength of the city;
the poor physical condition of these areas may hurt property values
and tax revenues or even pose a health or safety threat to the people in
that vicinity; in response, the General Assembly passed a law allowing
public funds to be used to purchase private property and to make that
property available for private and public redevelopment; and there are
a number of reasons the South Jefferson Redevelopment area falls in
that category; i.e.:
An economic analysis indicates that from 1994 to 1999,
employment fell 15 per cent in the area and gross
revenues and wage distributions and personal income
decreased while they increased throughout the City. This
area lags behind the City as a whole in all economic
categories.
Eighty-two per cent of the area is in the Roanoke River's
floodplain with flood elevations reaching as high as 17
feet above the finished floor, and has suffered the brunt of
major floods. Also, many of the buildings that are there
now do not meet the City's requirement for floodplain
development.
Significant environmental hazards exist. Buildings
located on 28 per cent of the land store or handle
hazardous materials. This increases the risk to public
health and safety because of contamination during a flood.
In addition, several properties may have soil
contamination that exceeds human health risk based on
Federal screening criteria, and other lots may have been
used to store hazardous materials and need further
evaluation.
A large per centage of the buildings are so deteriorated
that there is either no hope of renovation or they need
major repairs which would be a prohibitive cost because
the buildings are located in a floodplain.
There are other conditions that contribute to the
deterioration of the redevelopment area. Twelve per cent
of the lots are vacant or have buildings that are not used;
and many of the streets are very narrow and in poor
condition, lack sidewalks, and curbs and gutters are in
poor condition or do not exist.
Mr. Baker advised that the overall goal of the redevelopment plan
is to eliminate factors which inhibit growth and provide a way for
private reinvestment and economic growth to take place through
private enterprise; and other goals that serve as the basis for the
regulations and controls placed on land throughout this redevelopment
area are:
To assist in rebuilding, renovating, and relocating
businesses and clearing the land of all inappropriate uses
and deficient improvements.
To redevelop the land for biomedical and other related
businesses that would contribute to economic growth of
this area and build the City's tax base.
41
42
To build attractive gateways to the area taking advantage
of its strategic location next to some of the most highly
traveled streets and roads in the City: Jefferson Street,
Franklin Road and 1-581.
To design a vibrant area with multiple uses including
work, play. eating and living along with safe and
convenient parking.
Mr. Baker noted that because there are so many significant
changes that need to be made to revitalize the area and because there
are so many limitations due to the existing conditions, it is necessary
to acquire property and specific steps to carry out the redevelopment
program are as follows:
All property marked as "to be acquired" on the
boundary and acquisition map is eligible to be
acquired, and overall, 74 per cent of the area is so
deteriorated that it is necessary to clear the
property and redevelop the entire area. The
property will then be sold to private developers to
develop in accordance with the plan.
The Housing Authority will be assisting businesses
in their moves to new locations and paying property
owners fair market value for their land. All of the
relocation activities are run by the Roanoke
Redevelopment and Housing Authority and strictly
follow the requirements set under Virginia law.
The Housing Authority may provide assistance to
reuse some of the existing structures for
commercial or mixed use with possibly some
residential use. This will only be accomplished with
private investors when it is economically possible
to fix the property up to local codes.
New streets with proper drainage will be built
following the guidelines of the City's Capital
Improvement Plan. The upgrades include
reconstruction of deteriorating side-walks, streets,
curbs and gutters. It also includes new street
construction, flood reduction construction,
landscaping and improved signs.
43
For the most part, the Roanoke Redevelopment and
Housing Authority will acquire all the property.
However, when an existing property owner's
proposal complies with the provisions and intent of
the South Jefferson Redevelopment Area Plan, the
Housing Authority will work with those owners
under a contract agreement to ensure a sound
development in accordance with the plan without
acquisition by the Housing Authority.
The party responsible for redeveloping property will
have to follow certain provisions which include:
Developing the property in accordance with the
redevelopment plan and within the designated time
frame;
Retaining ownership until the completion of all
improvements and construction;
Complying with the land use provisions of the plan;
Meeting City ordinance and code requirements.
Mr. Baker advised that the Housing Authority will be helping
those businesses that must be displaced, they are working with owners
and will offer help with financial assistance and in finding other
business sites and in actually carrying out the move; they will be
sensitive to the needs of property owners and so far, two property
owners have expressed an interest in developing their property.
He stated that the South Jefferson Redevelopment project
provides the opportunity for tremendous redevelopment and economic
growth; when complete the project can provide 1.5 to 2 million square
feet of building space and could attract up to $150 to $300 million in
private capital expenditures and up to 2500 new jobs and a significant
portion of these new jobs will provide opportunities for skilled technical
employees.
Mr. Baker explained that the South Jefferson Redevelopment
Program will provide needed land for economic development without
destroying existing parks and green space, landscaping will enhance
the overall beauty of the area, and river side recreation will be within
walking distance which should have a positive impact on property
values and create an environment for new development; the attractive
44
urban style lay out will create the kind of work environment that attracts
high technology companies, it will also protect the adjoining residential
neighborhoods by strengthening this important area and connect
downtown revitalization efforts to the South Jefferson area, and
implementation of the plan will allow the City to compete with other
jurisdictions with more land available for economic development.
David Hill, representing Hill Studio, advised that the South
Jefferson Redevelopment Area Land Use Plan and Design Guidelines
are meant to guide new developments by making it fit with local
character while raising the quality of environment in the project area.
He further advised that the 110 acres of the South Jefferson
Redevelopment area holds a remarkable potential to increase the
downtown service area by 25 per cent and increase the vibrancy of the
area by adding 40 per cent to the square footage of the current
downtown. He stated that the addition of this substantial
redevelopment can fulfill the design paradigm of Jefferson Street as the
main street of Roanoke; some under utilized infrastructure is already
in place in existing neighborhoods around the redevelopment area; and
proposed buildings in the redevelopment area hold the potential to link
the neighborhoods into the proposed development by the placement of
greenways, roads, sidewalks, and other key urban design elements. He
called attention to two official maps in the redevelopment plan: a land
use map and a boundary and acquisition map. He explained that the
land use map is proposed as an extension of the C-3, Central Business
District types of uses, except that the Housing Authority is trying to
become more directed toward biotechnology in this area. He stated
that the primary use is for the provision of biomedical research and
development as opposed to the traditional downtown office uses,
therefore, there are four classifications on the map which move away
from current industrial uses toward a more specialized type of
downtown use, i.e.: (1) institutional mixed use which is the area for
research, biomedical and support of these areas including retail
services, day care, etc., or those uses that will support the biomedical
campus; (2) support commercial which are uses such as commercial
offices, support businesses, the institutional area, hotels, doctor's
offices, software manufacturers, prosthetics, rehabilitation centers,
etc.; (3) commercial/residential mix which is in particular response to
preserve some of the existing architectural integrity for development as
flex space; and (4) public use areas which include public walkways,
open spaces, plazas and greenways associated with the land use plan.
He explained that the boundary and acquisition map shows the
exact boundary proposed for acquisition and includes private property,
rights-of-way, and railroad property. He advised that all land is to be
45
acquired for private reuse and public reuse, however, railroad property
would not be acquired through condemnation but through negotiation.
He explained that the vision for this plan is provided in the master plan;
and size and shape of the redevelopment area, history of the area and
general patterns contributing to the land use set a condition fostering
three variations of guidelines for three distinct areas, i.e.: the first is the
Jefferson Street corridorwhere significant Roanoke property exists and
will be a continuation of existing patterns to make it a great main street
for Roanoke; the second is the campus and institutional area with
patterns along Reserve Avenue showing the beginnings of a campus
development such as the U.S. Naval Reserve building, the National
Guard Armory, and the Parks and Recreation building, all of which are
set back from the street, created in a post-war time, with a large
boulevard between the structures, grass, and constructed of Virginia
type materials, all of which work well to begin to create a campus-like
setting. He advised that the third area was originally developed with
transportation and warehousing in mind, including a village developed
at the crossing of the two railroads, the Virginian and the Norfolk and
Western, and over a dozen transportation oriented structures were
developed including a warehouse, a street car barn and a railroad
terminal, and the crossing is a third area of the design guidelines which
attempt to carry on the tradition of the building patterns of this area
such as large windows, jack arch doors, buildings constructed near the
street and small court yards developed within, sloped roofs and
continuation of some of the brick and stone patterns.
Mr. Hill explained that the design guidelines address a number
of conditions in the area such as administration of the guidelines,
buildings and structures, particularly detailing ideas for use of the
floodplain which is probably the single largest challenge as to how to
berm the north side of Reserve Avenue so as to prevent flooding
surges from entering the habitable space of buildings, placement of
buildings, height limitations, building materials, facades, roofs and roof
top equipment. He advised that there will be a considerable amount of
structured parking in the area and each distinct part of the master plan
has its own ratios of structured or surface parking; and garage-type
structures are proposed similar to those in the downtown area. He
stated that surface parking is also addressed requiring landscaping
with borders and islands and in some cases paved diamonds and trees.
He stated that design guidelines illustrate where signage may be
placed, landscaping for buildings, pedestrian areas, grading and
drainage, open space and utilities, and called attention to a set of
design guidelines that will require high quality development in the area.
He advised that connectivityto uses and neighborhoods has been a key
component of the plan, including the need for additional streets and
46
access and egress from U. S. 220 and 1-581 as well as greenways
throughout the area. He stated that the redevelopment plan has been
coordinated with ongoing planning assistance including the new
Comprehensive Plan and the Downtown Roanoke plan update,
although the South Jefferson Redevelopment Plan is independent of
those two studies. He advised that the redevelopment plan serves as
a key stone to visioning for this 110 acres of the City and for the region;
in addition to the redevelopment work and design guidelines by the
Roanoke Redevelopment and Housing Authority, each development
proposal will come through the City zoning process involving both the
City Planning Commission and City Council; and there is a significant
amount of infrastructural design that must take place.
R. Matthew Kennell, President, Downtown Roanoke, Inc., advised
that although this area is located just to the south of the existing
downtown service district, it is of the utmost importance to the Board
of Directors and membership of Downtown Roanoke, Inc. He stated
that the project involves a major opportunity to redevelop an
underutilized portion of the City and an opportunity to tie downtown
Roanoke into the natural environment. He expressed appreciation to
the consulting team for working with Urban Design Associates and
many citizens as the Downtown Roanoke plan has been updated. He
advised that one of the main reasons that Downtown Roanoke, Inc.,
supports the project is because it will create 2,500 new jobs for not only
current residents of the City but it will attract new highly educated
residents with technical skills that will help to develop the community.
For the above reasons, he stated that the leadership of Downtown
Roanoke, Inc., strongly supports the South Jefferson Redevelopment
Plan and its ultimate approval.
Mr. Brad Allen, 271 Reserve Avenue, S. W., advised that the
project has come a long way and the willingness of the City of Roanoke
and the Roanoke Redevelopment and Housing Authority to step up to
the plate and to address concerns has been remarkable. He asked that
the City not forget that the livelihood of business owners is at stake,
Roanoke needs to progress, the vision of the plan is exciting and could
provide the turn around that the City of Roanoke needs, but at the same
time, a realistic look at fair and just compensation for property owners
is important.
Beth Doughty, President, Roanoke Regional Chamber of
Commerce, advised that the Chamber of Commerce has 1,550 members
who requested the Chamber to represent their business agenda with
government and part of that business agenda is the fair and just
compensation for property owners, but the agenda also involves
building a strong local economy that promises sustained economic
development and growth to benefit the companies that do business in
Roanoke and the people who live and work in the region. She stated
that a critical ingredient to building a strong local economy is for the
City to insure the best mix of property uses for its commercial corridors
and the Redevelopment Plan for the South Jefferson Redevelopment
area accomplishes that purpose. She advised that this is an example
of sound economic development practices at work by eliminating and
mitigating the obstacles that might currently limit development within
the City and the plan will encourage development where it probably
would not otherwise occur. She stated that the proposed
redevelopment area reflects a pattern of stagnation and decline, with
declining employment, wage distribution and personal income, which
contributes to decrease economic returns to the City and its residents
creating a growing burden of a commercial area at well below its
highest and best use. She advised that leadership of the Roanoke
Regional Chamber of Commerce wants the Roanoke region to achieve
its potential as a most desirable place to live, work and visit and the
City of Roanoke has that opportunity with the South Jefferson
Redevelopment project, because it will impact the desirability of the
Roanoke region and the City as a location, and it can potentially help
one of the most strategically located parts of the City to better meet the
economic and social needs of Roanoke today and link the downtown
core with a medical center and a desirable residential neighborhood.
She stated that the Chamber of Commerce leadership supports the
principles of bringing all sections of the City to the highest and best
use and the South Jefferson Redevelopment Plan will help to develop
this area in a desirable manner appropriate to its location and
appropriate to the potential of Roanoke City to build a strong and
lasting economy.
Bruce Brenner, President, Cycle Systems, Inc., inquired about the
status of the floodplain project and timing of the project at it relates to
the South Jefferson Redevelopment Plan; whereupon, the Mayor
advised that answers to floodplain issues will be addressed.
Elizabeth Belcher, Roanoke Valley Greenways Coordinator,
representing the Roanoke Valley Greenways Commission, advised that
the Commission is excited about the project particularly because there
are greenways that connect very closely with the South Jefferson
Redevelopment project; i.e.: the Mill Mountain Greenwaywhich extends
from downtown to the Mill Mountain Star and the Roanoke River
Greenway. She further advised that the Mill Mountain Greenway has
been designed, engineered and should go to construction in
approximately six months after right-of-way issues are resolved, which
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48
will provide a connection from the proposed project to downtown and
enable persons to go from downtown to the proposed area either on
foot or by bicycle without having to use their automobile. She advised
that Roanoke River Greenway connections are vitally important to the
South Jefferson Redevelopment project because it fronts on the
Roanoke River. She expressed appreciation for the fact that greenways
have been so closely incorporated into the project, because greenways
represent quality of life issues to many people. She encouraged that
the City move forward with the South Jefferson Redevelopment Plan
and with the greenway components of the project which will provide
connections to Smith Park, Wasena Park, Mill Mountain Park, Explore
Park and eventually to Greenhill Park in Roanoke County.
At this point, Council Member Harris left the meeting.
Mr. Bob Caudle, 4231 Belford Street, S. W., expressed excitement
over the potential of the South Jefferson Redevelopment Plan. He
requested that finances be considered very carefully and offered his
assistance as a community volunteer.
Ms. Ann Lemon, 3169 Westridge Road, S. W., also expressed
excitement regarding the plan and encouraged that the design
guidelines be adhered to as the project unfolds. She stated that the
design guidelines are cutting edge ideas that are being implemented in
other cutting edge cities across the country, particularly continuation
of the commercial buildings on Jefferson Street and the scale of
buildings which creates a pedestrian friendly street, more of which is
needed in Roanoke. She commended the proposed plan in regard to
the railroad crossing area by adhering to existing architecture, and
looking at the assets of what is currently in place within this 110 acre
area. She expressed appreciation for the South Jefferson
Redevelopment Plan which will make the area more user friendly for all
citizens to use in various types of ways.
The City Manager advised that this concludes the public hearing;
City Council, the Roanoke Redevelopment and Housing Authority and
the City Planning Commission will go into their separate deliberations
of the proposed Redevelopment Plan; and during the month of March
each of the respective bodies, as a part of their regular meetings, will
discuss the Redevelopment Plan and take the necessary actions
culminating in a plan being brought to City Council on March 19, 2001,
with a recommendation from the City Planning Commission and the
Redevelopment and Housing Authority as it relates to the Plan. She
stated that a single public hearing where the three bodies would have
the same opportunity to hear interested parties, along with a review of
49
the project, was an important effort and expressed
appreciation to Council, the Housing Authority and the City Planning
Commission for making special accommodations to conduct the
meeting. She advised that questions and comments will be referred to
appropriate staff for response.
There being no further business, the Mayor declared the meeting
of Roanoke City Council adjourned at 8:05 p.m.
The meetings of the City of Roanoke Redevelopment and
Housing Authority and the City Planning Commission were also
adjourned at 8:05 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
50
ACTION:
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 5, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 5, 2001, at 12:15, p. m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Smith--6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 6.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.)
51
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Hudson moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 6.
NAYS: None ............................................................................................ -0.
(Council Member Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess for two Closed
Meetings, to be followed by a briefing by the City Manager on proposed changes to
the City's Solid Waste Management Program in the Emergency Operations Center
Conference Room, Room 159.
At 1:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding, and all Members of the
Council in attendance, with the exception of Council Member Harris.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
RECYCLING-REFUSE COLLECTION: The City Manager introduced a briefing
with regard to proposed changes in Roanoke's Solid Waste Management Program.
Robert Bengtson, Director of Public Works, introduced Frank Decker III,
Manager, Solid Waste Division, and Susan Grogan, Solid Waste Collection Inspector.
He advised that in August, 2000, Council was briefed on three proposed changes in
the collection of solid waste throughout the City of Roanoke; the first initiative was
the new bulk and brush program which began in October 2000 and has resulted in
a much improved appearance along the streets throughout the City of Roanoke and,
in the five months that the program has been in effect, 60 per cent more bulk and
52
brush has been collected than during the same five month period a year ago. He
stated that the second initiative was to provide recycling service to all Roanoke
residents by implementing a pilot program which allows recyclables to be mixed
together, also known as co-mingling; comparing the 10,000 households in the pilot
program area with the 25,000 households that were already recycling, the pounds
of bottles and cans being recycled per household are 26 per cent higher in the pilot
program area and the pounds of paper recycled per household are 57 per cent
greater in the pilot program area, which can be attributed to not only the broader
range of products that can be recycled in the pilot program, but also to the ability to
co-mingle recyclable products for collection on a weekly basis. He added that the
goal is to extend the co-mingled recycling program to all Roanoke City residents.
He advised that the third initiative was to move solid waste management out of a
substantial number of alleys and on to the curb side in front of the homes of
residents; currently solid waste is collected at the curb in front of 56 per cent of
Roanoke's residences, the remaining 44 per cent of collection is from public alleys;
it was the original goal to reduce alley trash collected to the extent that it would
leave 15 per cent of the alley customers with alley service, however, based on a field
review of the areas, the 15 per cent goal has been adjusted upward to 30 per cent.
He explained that every area of the City was checked in the field by solid
waste management staff, and evaluations took into consideration the condition of
the area and adjoining streets; many of the City's alleys were built in the early part
of the 1900's and are a poor fit for the solid waste vehicles of today; and alleys with
steep grades, utility poles, trees, and adjacent garage structures cause difficulty in
maneuvering for drivers and have resulted in property damage both to trucks as well
as to private property. He called attention to a number of alleys that it would be
preferable not to use, but because of conditions along the street on the front side
of the residences, alley collection must be continued; in some instances, on-street
parking makes it difficult, if not impossible, for the one armed bandit trucks to empty
the trash containers along the street; and in other circumstances, the topography
of yards or the presence of steps and retaining walls also preclude residents from
physically rolling the trash containers to the street.
Mr. Bengtson advised that based upon the proposed program change, it will
be possible to reallocate manpower and fleet resources to expand the pilot recycling
program to all residents which will involve providing one additional recycling bin to
all residents that currently participate in the original recycling program (they would
also continue to use the older container they now have); and any resident that does
not participate currentlywill be encouraged to contact the Solid Waste Management
department in order to be furnished with two recycling containers. He explained that
this would enable the City to eliminate the five recycling trucks currently in its fleet
in favor of existing packer trucks that are used in today's alley collection program;
and further reallocation of resources will enable the City to provide each resident
with all collection services on the same day of the week, including what is referred
to as the "white goods truck" which will collect large metal items such as
53
refrigerators. He advised that implementation of the move from the alleys to the
curb can be targeted to begin on July 1, 2001, and by that time, two new bandit
trucks will have been received, the lease/purchase of which was approved by
Council last year.
He stated that over the next several weeks, new collection routes will be
finalized, planning will be shared with the Roanoke Neighborhood Partnership's
President's Council, as well as neighborhood organizations, in affected areas and
each of the affected households will be notified. He advised that it is anticipated that
more residents will be added to the City's physically challenged list due to the
difficulty in rolling the containers to the curb, which will be monitored closely to
determine the need for additional resources for the current program that is provided
to over 900 customers. He stated that implementation of the co-mingled recycling
program for all residents could begin on July 1, 2001; new collection routes will
need to be established, the program publicized and information shared with the
neighborhoods, deliver additional recycling bins, notify households that currently
participate in the recycling program of the proposed changes, and an educational
program is being developed to engage citizens in recycling. He added that by early
May, it is anticipated that Council will be provided with information on comments
from the neighborhood organizations with whom staff meets regarding the curbside
and recycling program changes.
In summary, Mr. Bengtson advised that City staff is excited about the
opportunities to enhance the service delivery and efficiency of the City's Solid Waste
Collection program, thereby completing the re-engineering of solid waste
management that was presented to Council in August, 2000.
Following discussion, Ms. Wyatt requested the following information:
What are the total costs in those areas of the City that will receive the
new recycling bins, total number of households that are presently
practicing recycling, and cost per household?
In order to introduce the recycling program to the remainder of the City,
what costs will be incurred relative to vehicular equipment, staff,
recycling bins, publicity and an educational program?
What is the percentage of the number of households currently
practicing recycling, combined with the percentage of those to be
provided with the new recycling bins, and cost per household?
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
54
At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened in the
City Council Chamber at 2:00 p.m.
At 2:00 p.m., on Monday, March 5, 2001, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Smith--6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Dr. Charles G. Fuller,
Retired Pastor, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
CITY MARKET-PARKS AND RECREATION-COUNCIL-CITY
EMPLOYEES-DECEASED PERSONS: The Mayor requested that a
moment of silent prayer be observed in memory of Mr. G. Frank
Clement, deceased, former Member of Roanoke City Council, and Mr.
Jimmie B. Layman, deceased, Clerk, Roanoke City Market, and former
Director of the Department of Parks and Recreation.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a proclamation
declaring the month of March, 2001, as National Nutrition Month in the
City of Roanoke.
PUBLIC WORKS-CITY EMPLOYEES-DECEASED PERSONS:
Mr. White offered the following Resolution memorializing the late
Reed Preston Cotton, Sr.:
(#35221-030501) A RESOLUTION memorializing the late Reed
Preston Cotton, Sr., who, for nearly 23 years, served Roanoke's
Division of Solid Waste Management and the citizens of the City of
Roanoke with honor and distinction.
ACTION:
ACTION:
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35221-030501.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None ........................................................................ -0.
(Council Member Harris was absent.)
ACTIONS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT:
Mr. Carder offered the following Resolution recognizing
Keith Patrick Weltens:
(#35222-030501) A RESOLUTION in recognition of the heroic and
potentially life-saving action of Mr. Keith Patrick Weltens of Radford.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35222-030501.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
The Mayor advised that at approximately 8:00 p.m., on
January 16, 2001, Mr. Weltens was driving out of a parking garage
located on the corner of Franklin Road and Williamson Road when he
noticed a man leaning suspiciously into another car parked in the
garage; and sensing that someone may have been in danger, he
stopped his vehicle and sounded his horn. He stated that Mr. Weltens'
suspicions were well-founded and his action interrupted the
perpetration of a violent physical assault against an innocent woman;
at the sounding of the horn, the woman was able to escape from her
attacker and flee to the safety of Mr. Weltens' vehicle and he
immediately drove her to the hospital where she received prompt
medical attention. The Mayor advised that Mr. Weltens' actions saved
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56
ACTION:
the individual from grave injury or worse, and the prompt reporting of
the incident led to an immediate police response and the subsequent
arrest of the alleged perpetrator.
On behalf of the citizens of the City of Roanoke and the Members
of City Council, the Mayor commended Mr. Weltens on his heroic
actions by coming to the aid of his fellow man and presented him with
a ceremonial copy of the above referenced resolution and a gold star
which is symbolic of the star on Mill Mountain.
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, the item would be
removed from the Consent Agenda and considered separately. He
called specific attention to two communications from the City Manager
requesting a Closed Meeting to discuss the disposition of publicly held
property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, and to discuss a prospective business, where no previous
announcement of the business's interest in locating its facilities in the
City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia
(1950), as amended.
MINUTES: Minutes of the regular meeting of Council held on
Tuesday, February 20, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith .............................................................. -6.
NAYS: None ...................................................... -0.
(Council Member Harris was absent.)
CULTURAL SERVICES COMMITTEE-FIFTH PLANNING DISTRICT
COMMISSION-HOUSING/AUTHORITY-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before
Council:
ACTION:
ACTION:
Michael Brennan as a member of the Cultural Services
Committee for a term ending June 30, 2001;
Darlene L. Burcham as a member of the Roanoke
Valley-Allegheny Regional Commission for a term ending
June 30, 2003; and
Robert J. Sparrow as a member of the Fair Housing Board
for a term ending March 31, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ 6.
NAYS: None ....................................................................... -0.
(Council Member Harris was absent.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A report of the City
Manager requesting that Council convene in a Closed Meeting to
discuss the disposition of publicly held property, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to convene in a Closed Meeting to discuss the disposition of
publicly held property, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None ...................................................................... -0.
57
(Council Member Harris was absent.)
58
ECONOMIC DEVELOPMENT-COUNCIL: A report of the City
Manager requesting that Council convene in a Closed Meeting to
discuss a prospective business, where no previous announcement of
the business's interest in locating its facilities in the City has been
made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the City
Manager to convene in a Closed Meeting to discuss a prospective
business, where no previous announcement of the business's interest
in locating its facilities in the City has been made, pursuant to Section
2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ........................................................ -6.
NAYS: None
(Council Member Harris was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Phillip F.
Sparks, Executive Director, Roanoke Regional Partnership, presented
an overview of the Partnership, which is composed of representatives
from Roanoke City, Roanoke County, City of Salem, Town of Vinton,
and Botetourt, Franklin and Craig Counties. He advised that the
Regional Partnership was established in 1983 as the result of a
recommendation of an advisory commission which was appointed to
look at how best to promote and carry on the business of economic
development in the Roanoke Valley. He stated that the Regional
Partnership is governed by a Board of Directors made up of an
executive committee, a developers committee, a business committee
and an advisory committee; and the mission of the Regional
Partnership is to successfully recruit businesses to the area while
fostering the expansion of the existing industrial base. He called
attention to four primary goals: (1) the attraction of new business, (2)
implementation of marketing strategies, (3) economic development
advocacy, and (4) local industrial outreach. With regard to the
attraction of new businesses, he stated that the Regional Partnership
59
would like to significantly increase the growth of quality jobs and
capital investment in the Roanoke Valley region through aggressive
new business recruitment, through strategies targeting recruitment
efforts, by focusing on bio-tech information technology, electro-optic
type companies, second tier automotives, plastics and printing, and
enhance the data systems and research capabilities that are currently
being used to respond more quickly.
With regard to implementation of marketing strategies, Mr.
Sparks advised that the Regional Partnership would like to effectively
promote the Roanoke Valley region to enhance its image as a preferred
and strategic business location, expand marketing efforts, develop new
marketing materials and products with special emphasis on new
technologies, and increase the Valley's recognition as a region and a
preferred business location. In regard to economic development
advocacy, he stated that the Regional Partnership would like to be the
regional group where new and innovative ideas can be discussed and
the Partnership is currently looking at the identification of
infrastructure requirements for the new economy. With reference to
local industry outreach, he noted that representatives of the Regional
Partnership visit with representatives of various companies to
determine their individual needs in the new economy.
Mr. Sparks stated that total funding for the Regional Partnership
is $803,000.00, which is a 60~40 split and when the Regional
Partnership was founded, it was intended to be a 50~50 split, however,
it has been a number of years since the business community has
reached the 50~50 split, and the budget break out is 82 per cent for
marketing and 18 per cent for administration. He presented copy of
Expansion Management Magazine which contains an article entitled
"America's 50 Hottest Cities for Business Relocation and Expansion"
which states that according to a survey of 75 of the most prominent site
locations in the United States, the City of Roanoke ranks 25th out of
300+ MSA's in the country.
Mr. Sparks advised that last year's budget, which the City of
Roanoke helped to formulate, provided 320 business inquiries, 35
prospect visits, and three announcements totaling $64.5 million. He
stated that the Regional Partnership is looking at additional strategies
and preparing a budget to address issues of concern.
As a part of his remarks, Ms. Wyatt advised that Mr. Sparks
referred to Hollins University, Roanoke College, Virginia Western
Community College and Virginia Tech, and inquired as to why Radford
University, which has a business school that is considered to be a
6O
premier part of the university, was not mentioned; whereupon, Mr.
Sparks advised that a Regional Partnership Subcommittee is reviewing
the By-laws and he would share Ms. Wyatt's inquiry with the
subcommittee.
Without objection by Council, the Mayor advised that the report
would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY: A communication
from M. Don Caldwell, Commonwealth's Attorney, requesting transfer
of funds in the amount of $12,997.00, in connection with purchase of
replacement computers; and a statement of concurrence by the City
Manager, were before Council.
The Mayor advised that the Commonwealth's Attorney had
requested that the item be withdrawn from the agenda; whereupon,
without objection by Council, the Mayor stated that the communication
would be withdrawn.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
FLOOD REDUCTION/CONTROL: The City Manager introduced a
briefing on the Roanoke River Flood Reduction Project.
Phillip Schirmer, City Engineer, advised that the Roanoke River
Flood Reduction Project is a large and complicated project, comprised
of over $40 million of construction, in which the City will participate in
the amount of approximately $15 million. He stated that it is a
complicated project, not only from an engineering standpoint and a
construction standpoint, but from a right-of-way acquisition standpoint,
because there are more than 110 properties that will be involved in
acquisition in one form or another. He further stated that the City is in
the process of acquiring real estate for the project, it is anticipated that
the project will start either in the summer of 2002 or 2003, however,
more likely 2003, given the number of property acquisitions, and there
will be significant benefits to citizens and property owners through
reduction or elimination of flooding from storm events.
61
John G. Reed, Project Engineer, advised that as a result of the
flood of 1985, businesses along the Roanoke River were seriously
affected and some never recovered, jobs were lost, over 400 homes and
businesses were flooded and damage exceeded $100 million. He stated
that the 1985 flood was the defining moment in Roanoke's flood
history, it was the highest flood ever seen on the Roanoke River,
although a flood in 1940 came within five feet of the 1985 flood. He
advised that there were two floods in the 1970's that were higher than
the 1940 flood and reviewed a chart showing that over the last 125
years, the Roanoke River has flowed out of its banks about once every
seven years. He stated that because of the long history of flooding on
the Roanoke River, the City of Roanoke and the U. S. Army Corps of
Engineers have taken steps toward finding the best solutions to
address repetitive damages; the initial Corps of Engineers study was
completed in the late 1960's; in the 1970's, three flood control
reservoirs upstream from Roanoke, two in Montgomery County and one
in Roanoke County, were considered; and local opposition,
environmental impacts, and high estimated costs killed the reservoir
option in 1979.
He stated that another option might have included the purchase
and removal of flood prone buildings, but since these properties were
valued at over $1 billion, this option was not economically feasible; the
most economical plan identified by the Corps of Engineers was a 16.5
mile channel improvement project through the developed portion of the
Roanoke Valley; in the early 1980's, the City of Salem, Roanoke County
and the Town of Vinton withdrew from the project, leaving a 9.2 mile
project solely within the City of Roanoke; and in 1985, the highest-ever
recorded flooding occurred on the Roanoke River, and caused
approximately $114 million of damage within the City of Roanoke.
Mr. Reed noted that in 1989, the citizens of Roanoke passed a
bond referendum to support $7.5 million of the City's share of the
project, which at that time was estimated to be $11.5 million; in 1990,
the City signed an agreement with the U. S. Army Corps of Engineers,
committing to construct the project; this agreement placed all financial
liability for hazardous and toxic waste on the City; because of this
potential liability, the City began an extensive environmental
assessment of the properties included in the project; in 1998, following
completion of environmental testing and Department of Environmental
Quality approval, the project was re-evaluated adding in environmental
costs and was approved to proceed toward construction; and in the
year 2000, preliminary right-of-way plans from the Corps of Engineers
were received and property acquisition started; and in 1973, Council
appointed a Flood Plain Committee consisting of nine members
62
representing a cross section of community interests, to coordinate with
other localities and to provide citizen input into the flood reduction
effort.
Mr. Reed reviewed a slide showing the 9.2 miles of the Roanoke
River within the City of Roanoke, the project having been broken down
into two phases: Phase 1 extending from 13t' Street to Wasena Park
and Phase 2 extending from Wasena Park to the Salem City limit,
including approximately 100 non-City-owned properties to acquire in
Phase 1 and 54 in Phase 2.
He stated that the current project includes clearing of brush and
dead trees, channel widening has been reduced to three miles on one
side of the bank only which is two miles less than the original plan
called for; bank stabilization primarily using vegetation, but also some
rock riprap; trees and shrubs will be added to reduce the net loss of
wooded area to about five miles; one mile of restraining or
levee walls, two new Iow water bridges at Smith Park to provide for
safer pedestrian crossings and less frequent flooding of roadway, and
canoe passage without having to portage; and a five mile greenway trail
from Wasena Park to 13t~ Street.
Mr. Reed presented a chart depicting historic flooding on the
Roanoke River, noting that the Corps of Engineers project was
primarily justified by the frequent flooding damages and not by the rare
and extreme 100 year flooding that was experienced in 1985. He
advised that project benefits include reducing the depth of flooding for
over $1 billion in property values; removing many buildings from the
flood plain; as a result of being out of the flood plain, many
homeowners and business owners will no longer be required to have
relatively expensive flood insurance; hundreds of property owners will
be safe guarded from the frequent flooding which has historically
occurred along the Roanoke River; and because of the property being
acquired and the trail being constructed with this project, at
completion, citizens will have one of the longer paved greenway trails
in southwest Virginia.
He advised that environmental concerns are the loss of trees and
vegetation along the Roanoke River; to offset this, the project will add
several thousand trees and shrubs so that the net loss of wooded areas
is about five acres; 160 acres of areas regraded by the project will be
vegetated with native grasses; rock riprap has been significantly
reduced from the original project; and no in-river construction will
occur between March and July to allow for spawning of the endangered
species, the Roanoke Logperch.
63
Mr. Reed noted that since the City of Roanoke signed the project
agreement with the U. S. Army Corps of Engineers in 1990, estimated
cost of the project has increased from $34 million to $42 million,
primarily due to inflation; to date the City has budgeted $9 million for
the project through the utility tax, of which about $3.5 million have been
spent; since the City still has the $7.5 million bond, which has not been
sold, it is not anticipated that any additional funds will be needed for
the project. He advised that Phase 1 will not begin construction until
the City has completed the purchase of all necessary property which is
anticipated to be sometime in the year 2002 or 2003; each phase is
expected to take about three years to construct, therefore, for Victory
Stadium, Biomed areas, which are included in Phase 1, earliest
completion would be around 2006; and assuming that property can be
acquired on this timetable, total project should be completed around
the year 2007.
As a part of the discussion, Mr. Reed advised that City staff does
not wish to give unrealistic expectations for the project, which will
reduce flooding only on the Roanoke River and will not reduce flooding
in downtown Roanoke, Mudlick Creek or any of the other tributaries,
except in the immediate vicinity where they come into the Roanoke
River. He stated that according to the U. S. Army Corps of Engineers,
project benefits exceed the cost and the Corps of Engineers is willing
to move forward with the Federally funded portion. He advised that as
the water leaves the City of Roanoke and goes into the Town of Vinton
and down stream, impacts, according to the Corps of Engineers model,
are minimal and do not increase the velocity because it is not a
channelization project down the entire length of the Roanoke River. He
further advised that navigability of the Roanoke River will be somewhat
improved because of the elimination of some of the utility crossings
that are impediments, especially when the water is at Iow levels. He
stated that the larger dam at Wasena Park will stay in place and a
fordage path will be provided around the dam, there will be additional
parking access for persons with canoes, the bottom of the river will not
be changed or disturbed, the work will be on the river banks, therefore,
with the exception of the Iow water bridges, there should not be any
change between what exists today other than the lowering of two utility
crossings.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
64
POLICE DEPARTMENT-CITY CODE-NUISANCES-
COMMONWEALTH'S ATTORNEY: The City Manager submitted a
communication advising that defacement and damage to public and
private property through graffiti can have an extremely negative impact
on a community; graffiti detracts from the community's image,
compromising the sense of security and discouraging both new and
continued investment necessary to maintain the neighborhood's
vitality; graffiti has also been linked to gang activity and hate crimes,
with all related connotations for the community; and Section 21-25 of
the City Code prohibits the defacement of public or private property and
makes such an action a Class I misdemeanor; however, the Code of
Virginia allows the City to make additional provisions, as follows:
a.'
Section 15.2-908 gives the City the authority to
remove defacement that is visible from a public
right-of-way, after notice is given to the property
owner and the owner fails to have the defacement
removed. This section does not provide for the City
to recover its costs.
b.'
Under Section 18.2-138.1, the City may provide that
if the damage or defacement is done as a first
offense, the court may mandate community service
by the offender, preferably repairing similar
damage, as an alternative to conviction of the
offense.
It was further advised that existing provisions of Section 21-25
of the City Code are not effective in addressing graffiti on private
property; if the offender is not caught, the City is powerless either to
compel the property owner to remove the defacement, or to remove the
defacement itself; if the offender is caught and prosecuted, the courts
do not have the option of community service related to the offense for
the minor first time offender; and additional provisions are needed to
provide the City and the courts with additional tools to address a range
of situations.
The City Manager recommended that Council amend Section 21-
25 of the City Code to authorize the City to remove defacement from
private property visible from public right-of-way, if the property owner
fails to do so, and authorize community service as an option to the
court for first offenders.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Bestpitch offered the following emergency ordinance:
(#35223-030501) AN ORDINANCE amending Section 21-25.
Damagin~l or defacin~ property _cl_enerally, of Chapter 21 Offenses-
Miscellaneous, of the Code of the City of Roanoke (1979), as amended,
to specify graffiti as a type of damage and defacement, to provide for
community service for offenders, and to provide for authority of the City
to remove or repair defacement; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35223-
030501. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None .......................................................................... 0.
(Council Member Harris was absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of January, 2001.
(For full text, see Financial Report on file in the City Clerk's Office.)
Following discussion and without objection by Council, the
Mayor advised that the Financial Report would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-WATER RESOURCES: Council Member W. Alvin
Hudson, Jr., Chair, Bid Committee, presented a written report on behalf
of the Committee, in connection with bids received by the City to gunite
the interior of the Crystal Springs Reservoir to repair cracks that have
occurred over the last 20 years, and to repair the walls up to the
overflow level, with all work confined to the interior of the reservoir.
The Bid Committee recommended that Council accept the bid of
and award a lump sum contract to Peters and White Construction
Company, in the amount of $198,283.00 and 90 consecutive calendar
65
66
ACTION:
days of contract time, with a project contingency of $18,717.00, and
provide $900.00 for reproduction costs and advertising fees; transfer
$217,900.00 to a new account to be established in the Water Fund
Capital Projects entitled, "Gunite of Crystal Springs and Falling Creek
Reservoirs"; and reject all other bids received by the City.
A statement of concurrence by the City Manager in the
recommendation of the Bid Committee, was also before Council.
(For full text, see report and statement on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35224-030501) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35224-030501.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ............................................................... -6.
NAYS: None ....................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35225-030501) AN ORDINANCE accepting the bid of Peters and
White Construction Company to gunite the interior of the Crystal
Springs Reservoir to repair the walls up to the overflow level, and to
also repair leaks in the walls and floor of the clear well (holding tank)
at the Falling Creek Reservoir, upon certain terms and conditions and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
67
ACTION:
ACTION:
Mr. Bestpitch moved the adoption of Ordinance No. 35225-
030501. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ........................................................................ -0.
(Council Member Harris was absent.)
WATER RESOURCES-STREETS AND ALLEYS-IMAX THEATRE:
Council Member Linda F. Wyatt, Chair, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
a petition to vacate and close a portion of public street right-of-way
across Official Tax No. 4010213, in connection with development of the
Art Museum/IMAX Theatre Project.
A staff report advised that an Agreement between the City and
the Art Museum of Western Virginia for the design, development and
construction of a new building or complex to house the art museum
and IMAX Theatre was entered into on October 4, 2000; that the City
desires to convey property identified by Official Tax Nos. 4010205,
4010209, 4010212, and 4010213 to the Western Virginia Foundation for
the Arts and Sciences at such time as it is needed for construction of
the Project; an existing alley is located on Official Tax No. 4010213; and
authorization is needed to file a petition to vacate and close the public
right-of-way.
The Water Resources Committee recommended that Council
authorize the filing of a petition to vacate and close a portion of public
street right-of-way across Official Tax No. 4010213, in connection with
development of the Art Museum/IMAX Theatre Project.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee. The motion was seconded by Mr.
Carder and adopted.
BUDGET-EASEMENTS-UTILITIES-WATER RESOURCES: Council
Member Linda F. Wyatt, Chair, Water Resources Committee, presented
a written report on behalf of the Committee, with regard to acquisition
of the necessary utility easement across the property of James D.
Fralin, located in Roanoke County, for Carvins Cove improvements.
68
ACTION:
A staff report advised that an engineering study by Mattern &
Craig, Inc., identified certain improvements needed at the Carvins Cove
Filter Plant (Phase I) and to various waterlines (Phase II) to meet the
increasing need for water in the City of Roanoke; authority to acquire
the necessary property rights and execute certain permits and
agreements was granted on February 8, 1993, pursuant to Ordinance
No. 31339-020893; a temporary construction easement across the
property of James D. Fralin, located in Roanoke County, was acquired
for a nominal consideration; waterline construction was completed in
1996, and since that time, it has been discovered that the waterline was
constructed across a corner of Mr. Fralin's property in the temporary
easement area.
It was further advised that negotiations with Mr. Fralin have
indicated that the required property rights may be acquired for the sum
of $20,000.00; the appraised value of the easement is $13,699.00;
additional funding of $3,000.00 is required to cover related expenses
such as appraisal, title report, document preparation and recording
fees; acquisition of the easement will permit the waterline to remain in
its present location; and funding of $23,000.00 is available from Water
Fund Retained Earnings and needs to be appropriated to an account to
be established by the Director of Finance entitled, "Carvins Cove
Waterline Project Easement Acquisition".
The Water Resources Committee recommended that Council
authorize the City Manager to acquire the necessary utility easement
across Mr. Fralin's property, for the sum of $20,000.00, and said
property rights are defined as a permanent easement and may be
acquired following a satisfactory environmental site inspection by
negotiation or eminent domain.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#35226-030501) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35226-030501.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
69
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None ................................................................. -0.
(Council Member Harris was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#35227-030501) AN ORDINANCE providing for the acquisition of
an easement needed by the City for the placement of a waterline across
the property of James D. Fralin, in connection with certain
improvements made at Carvins Cove; providing for the City's
acquisition of such easement by condemnation, under certain
circumstances; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35227-030501.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ................................................................... -0.
(Council Member Harris was absent.)
WATER RESOURCES-LEASES-REAL ESTATE VALUATION:
Council Member Linda F. Wyatt, Chair, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
execution of a new lease between the City and Commonwealth
Buildings, a Virginia Partnership, for office space for the Office of Real
Estate Valuation in the Commonwealth Park Building.
A staff report explained that the Office of Real Estate Valuation
has leased 2,453 square feet of additional office space at 110 Campbell
Avenue in the Commonwealth Park Building since 1995, which helps to
alleviate overcrowding in the Municipal Building office and improves
efficiency, productivity, and public service by providing additional
public workspace and private areas for discussions with citizens; that
the current lease will expire on February 28, 2001, and a new lease has
been negotiated to provide for continued use of the space; the lease is
7O
ACTION:
for a one-year term commencing on March 1, 2001, and expiring on
February 28, 2002, with an option to renew for three additional one-year
terms, at a base rent of $2,516.88 per month, which is $12.31 per square
foot, and includes basic utilities and janitorial service; and the lease
also provides that each party will indemnify and hold harmless the
other from and against any loss, damage or liability occasioned by or
resulting from any willful or negligent act on its part, its agents,
employees or invitees.
The Water Resources Committee recommended that Council
authorize the City Manager to execute a new lease between the City and
Commonwealth Buildings, a Virginia Partnership, for a one-year term,
with the option to renew for three additional one-year terms, at the rate
of $2,516.88 per month.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following Resolution:
(#35228-030501) A RESOLUTION authorizing the City Manager to
enter into an agreement with Commonwealth Buildings for the lease of
office space at 110 Campbell Avenue, for use by the Roanoke City
Office of Real Estate Valuation, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Ms. Wyatt moved the adoption of Resolution No. 35228-030501.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and MayorSmith ............................................................ 6.
NAYS: None .................................................................. -0.
(Council Member Harris was absent.)
GENERAL DISTRICT COURT-COMMUNITY PLANNING-
DECEASED PERSONS-COURTS FACILITY: A report of the City
Planning Commission, advising that in October 2000, the City received
a request from Dr. J. Hayden Hollingsworth and others to name the
Roanoke City Courthouse in honor of the late Judge
Beverly T. Fitzpatrick, was before Council.
71
ACTION:
It was further advised that on December 21, 2001, the Planning
Commission discussed the matterwith Dr. Hollingsworth and with Mike
Pace, President of the Roanoke Bar Association; the Planning
Commission deferred action on the matter to allow further discussion
of the possibilities by the Bar Association and others; on January 5,
2001, a letter was received from Mr. Pace which advised that the Board
of Directors declined to make a more specific recommendation to the
Planning Commission and further recommended that the matter be
forwarded to City Council and the Judges of the 23rd Judicial Circuit for
consideration and action; the Planning Commission again met on
January 18, 2001, to discuss the request, and Dr. Hollingsworth advised
that he would like to amend his request to ask that the public atrium of
the courthouse be named in honor of Judge Fitzpatrick.
The City Planning Commission recommended approval of the
request to name the Roanoke City Courthouse Atrium in honor of the
late Judge Beverly T. Fitzpatrick, Sr.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following Resolution:
(#35229-030501) A RESOLUTION naming the Atrium in the
Roanoke City Courthouse in honor of the late Honorable Beverly T.
Fitzpatrick, Sr., Judge, General District Court for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 64.)
Ms. Wyatt moved the adoption of Resolution No. 35229-030501.
The motion was seconded by Mr. Carder.
Dr. J. Hayden Hollingsworth appeared before Council in support
of the request, and advised that naming the Courthouse Atrium in
honor of Judge Fitzpatrick recognizes not only former Judge
Fitzpatrick, but everyone who seeks justice for all, regardless of
circumstances, social standing or ethnic background. He stated that
Council's endorsement of the request sends a message to all who enter
the judicial system that it is a place where theywill be judged fairly with
hope for the future. He advised that the honor could be executed with
a plaque located adjacent to the plaque recognizing those who planned
the courthouse; however, a more prominent recognition would be
appropriate such as a bust of Judge Fitzpatrick located at the
entranceway to the Courthouse, or a painting depicting the court over
72
ACTION:
which he presided. He stated that funding has not been addressed,
former Judge Jack B. Coulter has indicated a willingness to assist with
implementation of the project, and Dr. Hollingsworth volunteered his
service.
Resolution No. 35229-030501 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ............................................................ -6.
NAYS: None 0.
(Council Member Harris was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 35217, on second reading, amending the
conditions now binding upon a tract of land lying on the west side of
Grandview Avenue, N. W., between Empress Drive and Marr Street,
Official Tax No. 2270223, having previously been before the Council for
its first reading on Tuesday, February 20, 2001, read and adopted on its
first reading and laid over, was again before the body, Mr. White
offering the following for its second reading and final adoption:
(#35217-030501) AN ORDINANCE to amend §§36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet No. 227,
Sectional 1976 Zone Map, City of Roanoke, in order to amend certain
conditions presently binding upon certain property previously
conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35217-030501.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ............................................................... -6.
NAYS: None ........................................................................ 0.
(Council Member Harris was absent.)
73
ACTION:
ZONING: Ordinance No. 35218, on second reading, rezoning two
tracts of land located at 3034 and 3042 Brambleton Avenue, S. W.,
Official Tax Nos. 1650903 and 1650946, from RS-3, Residential Single
Family District, to C-2, General Commercial District, subject to certain
proffers contained in the Second Amended Petition, filed in the City
Clerk's Office on January 17, 2001, having previously been before the
Council for its first reading on Tuesday, February 20, 2001, read and
adopted on its first reading and laid over, was again before the body,
Mr. Hudson offering the following for its second reading and final
adoption:
(#35218-030501) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35218-030501.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None ..................................................................... -0.
(Council Member Harris was absent.)
ZONING: Ordinance No. 35219, on second reading, rezoning
property located at 2109 and 2115 Peters Creek Road, N. W., described
as Official Tax Nos. 6370302, 6370304 and 6370301, from RS-3,
Residential Single Family District, to C-2, General Commercial District
subject to certain proffers contained in the First Amended Petition filed
in the City Clerk's Office on February 20, 2001, having previously been
before the Council for its first reading on Tuesday, February 20, 2001,
read and adopted on its first reading and laid over, was again before
the body, Mr. Hudson offering the following for its second reading and
final adoption:
(#35219-030501) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
74
ACTION'
ACTION:
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35219-030501.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Carder,
and Mayor Smith ....................................................................... 5.
NAYS: Council Member Bestpitch ......................................... 1.
(Council Member Harris was absent.)
POLICE DEPARTMENT-EASEMENTS-CITY PROPERTY-UTILITIES:
Ordinance No. 35220, on second reading, authorizing the donation and
conveyance of a 15 foot easement across City owned property located
at 348 Campbell Avenue, S. W., to Verizon for installation of
underground facilities, to upgrade the telephone service for the new
Police Building, upon certain terms and conditions, as more
particularly set forth in a report of the Water Resources Committee
dated February 5, 2001, having previously been before the Council for
its first reading on Tuesday, February 20, 2001, read and adopted on its
first reading and laid over, was again before the body, Mr. Hudson
offering the following for its second reading and final adoption:
(#35220-030501) AN ORDINANCE authorizing the donation and
conveyance of a 15' easement across City owned property located at
348 Campbell Avenue, S. W., to Verizon, for installation of underground
facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35220-030501.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................ -6.
NAYS: None ........................................................................ -0.
(Council Member Harris was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
75
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Council Chamber,
with Mayor Smith presiding, and all Members of the Council in
attendance, with the exception of Council Members Harris, Hudson and
White. (Council Members Hudson and White left the meeting during the
Closed Session.)
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Carder moved that each Member of City Council certify to the best of
his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, and Mayor
Smith ......................................................................................... -4.
NAYS: None ........................................................................ -0.
(Council Members Harris, Hudson and White were absent.)
At 5:37 p.m., the Mayor advised that the meeting of Roanoke City
Council would be declared in recess until Saturday, March 10, 2001, at
8:30 a.m., at The Hotel Roanoke, 110 Shenandoah Avenue, N. W., at
which time Council will participate in a Budget Financial Planning
Session.
The meeting of Roanoke City Council reconvened at 8:30 a.m., on
Saturday, March 10, 2001, in Shenandoah Room A at The Hotel
Roanoke, 110 Shenandoah Avenue, N. W., with Mayor Ralph K. Smith
presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White,
Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ............................................................................ 6.
ABSENT: Council Member C. Nelson Harris, Jr.- ....................... 1.
76
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of
Finance; and Mary F. Parker, City Clerk.
OTHERS PRESENT: James D. Ritchie, Sr., Deputy City Manager;
Robert H. Bird, Municipal Auditor; Troy Harmon, Assistant Municipal
Auditor; Willard N. Claytor, Director of Real Estate Valuation; George C.
Snead, Jr., Assistant City Manager for Community Development; Jessee
A. Hall, Deputy Director of Finance; Ann Shawver, Manager of
Accounting Services; Barry L. Key, Director of Management and
Budget; Sherman M. Stovall, Budget/Management Analyst;
Frank Baratta, Grants Monitor; Philip C. Schirmer, City Engineer; and
Alicia Stone, Financial Systems Accountant.
(No motions or measures were introduced.)
(See Financial Planning Workshop Notebook dated March 10,
2001, on file in the City Clerk's Office.)
At 1:55 p.m., Council Member White left the meeting.
There being no further business, the Mayor declared the meeting
adjourned at 2:50 p.m.
Mary F. Parker
City Clerk
APPROVED
Mayor
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 19, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 19, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Mayor Ralph K. Smith .............................................................. 1.
ABSENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris, and W. Alvin Hudson,
OFFICERS PRESENT: Mary F. Parker, City Clerk.
No agenda items having been scheduled for the 12:15 p.m. session, the Mayor
declared the meeting in recess until 2:00 p.m.
On Monday, March 19, 2001, at 2:00 p.m., the meeting of Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith .................................................................................................. 6.
ABSENT: Council MemberWilliam White, Sr.- ............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend E. T. Burton, Pastor,
Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
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ACTION:
ACTION:
PRESENTATIONS
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER: Mr. Harris
offered the following resolution recognizing the 26 years of service of
James D. Ritchie, Sr., Deputy City Manager, upon his retirement
effective April 1, 2001:
(#35230-031901 ) A RESOLUTION paying tribute to
James D. Ritchie, Sr., Deputy City Manager, for the City of Roanoke, and
expressing to him the appreciation of this City and its people for his
exemplary public service.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35230-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................. 6.
NAYS: None ................................................................. -0.
(Council Member White was absent.)
The Mayor presented Mr. Ritchie with a ceremonial copy of the
resolution and advised that other acknowledgments will be made at his
farewell reception on Thursday, March 29, 2001, at 2:00 p.m., in
Fitzpatrick Hall at The Jefferson Center.
DECEASED PERSONS-CITY COUNCIL: Mr. Harris offered the
following resolution memorializing the late G. Frank Clement, former
Member of Roanoke City Council from January 1,1980 through June 30,
1980:
(#35231-031901) A RESOLUTION memorializing the late G. Frank
Clement, a Iongtime resident of Roanoke and retired President and
Chairman of the Board of Shenandoah Life Insurance Company.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35231-031901.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
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ACTION:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... -6.
NAYS: None ....................................................................... -0.
(Council Member White was absent.)
The Mayor presented a ceremonial copy of the abovereferenced
resolution to Mr. Clement's son, Don Clement, and expressed the
condolences of the Council and citizens of the City of Roanoke.
DECEASED PERSONS-PARKS AND RECREATION: Mr. Hudson
offered the following resolution memorializing the late Jimmie Layman:
(#35232-031901) A RESOLUTION memorializing the late Jimmie
Layman, former Manager of the Roanoke Parks and Recreation
Department and a Clerk for the Roanoke City Market.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35232-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. -6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
The Mayor presented a ceremonial copy of the abovereferenced
measure to Mrs. Jimmie Layman and expressed the condolences of the
Council and 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. He
called specific attention to one request for a Closed Meeting to discuss
a personnel matter with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
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ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Monday, March 5, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... 6.
NAYS: None .................................................................... 0.
(Council Member White was absent.)
COMMITTEES-COUNCIL: A communication from Mayor Ralph K.
Smith requesting that Council convene in a Closed Meeting to discuss
personnel matters relating to vacancies on various authorities, boards,
commissions and committees appointed by the Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. -6.
NAYS: None ...................................................................... 0.
(Council Member White was absent.)
MUNICIPAL AUDITOR-AUDIT COMMITTEE: Minutes of a meeting
of the Audit Committee of Roanoke City Council which was held on
Monday, March 5, 2001, were before the body.
The Audit Committee considered the following items:
ACTION:
FINANCIAL AUDITS:
Clerk of the Circuit Court
Sheriff's Canteen and Jail Inmate Fund
FINANCIAL RELATED AUDITS:
Civic Center Concessions
AUDIT SELECTION COMMITTEE - RECOMMENDATION
GASB 34 Implementation
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the Minutes be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... -6.
NAYS: None ........................................................................ 0.
(Council Member White was absent.)
ROANOKE NEIGHBORHOOD PARTNERSHIP-HUMAN
DEVELOPMENT-ROANOKE VALLEY RESOURCE AUTHORITY-
AIRPORT-COURT COMMUNITY CORRECTIONS BOARD-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
William E. Skeen and Lular R. Lucky as members of the
Roanoke Neighborhood Partnership Steering Committee
for terms ending November 30, 2003;
Sheri Bernath as a member of the Blue Ridge Behavioral
Healthcare Board to fill a vacancy created by the
resignation of Ann Janney-Schultz for a term ending
December 31, 2003;
Robert K. Bengtson as a City representative to the
Roanoke Valley Resource Authority for a term ending
December 31, 2004;
J. Granger Macfarlane as a member of the Roanoke
Regional Airport Commission for a term ending March 9,
2005; and
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82
William H. Cleaveland as the City's representative to the
Court Community Corrections Program Policy Board for a
term ending December 31, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
Mr. Harris moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. -6.
NAYS: None .................................. ~ ............................... -0.
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-TAXES: A communication from Vice-Mayor Carder
requesting that Council consider the question of increasing the
cigarette tax by ten cents, during fiscal year 2001-02 budget study, and
that the additional $735,000.00 be allocated to curb, gutter and sidewalk
improvements, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson advised that he would support a 20 cents increase
in the cigarette tax.
Mayor Smith advised that he would support an increase, but
expressed the need to review the overall tax structure of the City in an
effort to counter balance any increase in the cigarette tax.
ACTION:
Mr. Carder moved that the request be referred to fiscal year 2001-
02 budget study. The motion was seconded by Mr. Harris and adopted.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A
communication from the Honorable Donald S. Caldwell, Roanoke City
Commonwealth's Attorney, advising that the Department of Criminal
Justice Services (DCJS) has awarded the City of Roanoke a grant in the
amount of $72,191.00 for the calendar year 2001, was before Council.
It was further advised that the Grant for VIRGINIA EXILE in 2001
will continue to provide the City of Roanoke with additional funding
resources to maintain the Commonwealth's emphasis on prosecuting
violent gun carriers in the City; the EXILE Grant relates to state laws,
enacted in 1999, which set minimum mandatory sentences for
convicted felons who possess guns, individuals who possess guns
while possessing drugs, and people who bring guns on to school
property with the intent to use the weapons; the City of Roanoke would
use the funds to target those persons who illegally possess and use
firearms and to reduce the number of violent firearms crimes in the City
of Roanoke; the goal will be achieved through a unified effort of city,
state, and federal prosecutors and law enforcement agencies; and the
grant requires a cash match of $8,021.00 from the City's General Fund
Contingency.
The Commonwealth's Attorney recommended that Council adopt
a resolution accepting 2001 DCJS funds and authorize the City Manager
to execute the requisite Grant Agreement, Funding Approval, and any
other forms required by DCJS on behalf of the City, in order to accept
such funds, with said Agreement and forms to be approved as to form
by the City Attorney; appropriate $80,212.00, establish a grant fund
revenue estimate, and transfer funds in the amount of $8,021.00 from
General Fund Contingency (001-300-9410-2199) to Transfer to Grant
Fund (001-250-9310-9535).
The City Manager submitted a communication concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35233-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 General and Grant Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
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ACTION: M r. Hudson moved the adoption of Ordinance No. 35233-031901.
84
ACTION:
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and MayorSmith ........................................................... 6.
NAYS: None
(Council Member White was absent.)
Mr. Hudson offered the following Resolution:
(#35234-031901) A RESOLUTION accepting the Virginia Exile
Grant offer made to the City by the Department of Criminal Justice
Services and authorizing execution of any required documentation on
behalf of the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35234-031901.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and MayorSmith ............................................................. -6.
NAYS: None ...................................................................... -0.
(Council Member White was absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$68,992.00 to provide additional funds for carpet and floor
tile improvements to Fairview Elementary School.
Funding will be provided through a Literary Fund loan
approved for the project.
$28,710.00 to provide additional funds for carpet and floor
tile improvements to Fishburn Park Elementary School.
Funding will be provided through a Literary Fund loan
approved for the project.
$419,427.00 for the Title I Winter program to provide
remedial reading, language arts, and mathematics
instruction for students in targeted schools. This
continuing program will be reimbursed one hundred
percent by Federal funds.
$50,960.00 for the 2000-01 Governor's School program to
provide instruction in science and math to high school
students. This supplemental appropriation represents
additional State funds allocated to this continuing
program.
$1,000.00 for the Jobs for Virginia Graduates program to
serve at least 25 economically disadvantaged students,
providing classroom training and work experience to
assist the students to prepare for high school graduation
or to sit for the General Education Development (GED)
examination. This supplemental appropriation represents
additional Federal funds allocated to this continuing
program.
$250,000.00 for the cost of architect fees in connection
with the high school renovation feasibility study. Funding
will be provided from 1999 Bond funds.
$71,548.00 from the 2000-01 Capital Maintenance and
Equipment Replacement Fund to provide monies for
administrative technology requests, for instructional
equipment and systems, for the repair of a modular roof at
Morningside Elementary School, and for modular furniture
and telephone systems at selected elementary schools.
A report of the Director of Finance recommending that Council
concur in the request, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35235-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 General, School and School Capital Projects
Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
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86
ACTION:
Mr. Harris moved the adoption of Ordinance No. 35235-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and MayorSmith .............................................................. -6.
NAYS: None .................................................................. 0.
(Council Member White was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager
submitted a communication advising that on June 25, 1990, the City
executed a Local Cooperation Agreement with the U. S. Army Corps of
Engineers to construct the Roanoke River Flood Reduction Project in
which the City agreed to relocate all City owned utilities, streets and
other facilities necessary to construct the Roanoke River Flood
Reduction Project at 100 per cent City expense; on March 18, 1991, the
City entered into a contract with Hayes, Seay, Mattern & Mattern, Inc.,
forwork consisting of three phases: planning, design and construction
administration for all City owned utility relocations required by the
Project (Consultant Contract); Phase I (Planning) was to be the basis
for determining the scope of work needed for the other two phases;
shortly after entering into a contract for the preliminary phase of the
work, the Flood Reduction Project was placed on hold, primarily due to
environmental issues, which were not resolved until 1997; currently,
the Corps of Engineers is completing construction plans for the
Project, and certain utility, street and other facility conflicts have been
identified which must be relocated prior to construction; and Phase I
(Planning) of the Consultant Contract has been completed.
It was further advised that the balance of the Consultant Contract
work (Phase II - Design and Phase III - Construction Administration) is
now ready to proceed, and a detailed contract amendment setting forth
the scope of Phase II and Phase III and updating certain contract terms
has been prepared with Hayes, Seay, Mattern & Mattern, Inc., for the
remaining project design and construction administration, at a cost of
ACTION:
$227,353.00; funding is available in existing Capital Project, Account
No. 008-056-9620 "Roanoke River Flood Reduction"; and estimated
cost for construction of relocations included in the project is $1.5
million.
The City Manager recommended that she be authorized to
execute a contract amendment for the above services with Hayes, Seay,
Mattern & Mattern, Inc., in a form acceptable to the City Attorney, for a
contract price of $227,353.00; and authorize the Director of Finance to
transfer $240,000.00 from the Capital Project, Account No. 008-056-
9620, to an account entitled, "Roanoke River Utility Relocation" to fund
the amendment and to provide a $12,647.00 contingency fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35236-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35236-031901.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
Mr. Carder offered the following resolution:
(#35237-031901) A RESOLUTION authorizing the City Manager's
issuance of Amendment lA to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc. for Phase II -design and Phase III - construction
administration for the Roanoke River Flood Reduction Project - Utility
Relocation Design.
(For full text of Resolution, see Resolution Book No. 64.)
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88
ACTION:
Mr. Carder moved the adoption of Resolution No. 35237-031901.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. -6.
NAYS: None .................................................................... 0.
(Council Member White was absent.)
TELEPHONE COMPANIES-COMMUNICATIONS DEPARTMENTS:
The City Manager submitted a communication advising that current
management responsibility for City-wide telecommunications resides
within the Department of Technology; Roanoke City's school division
local dial tone phone services are also managed by the City's
Department of Technology; and the City's type of telephone service,
Centrex, among other requirements, dictates the need for four digit
dialing, departmental transfer, conference call, speed dial capabilities,
paging access, and voice mail among City departments and schools.
It was further advised that the City issued an invitation for bid for
local telephone service on October 25, 2000, and the current contract
for local telephone service with Verizon Virginia expired on
November 26, 2000; three bids were received and evaluated; the Iow
bidder did not submit a bid which conformed in all material respects to
the invitation to bid and was thus non-responsive; Verizon Virginia was
the next Iow bidder and is a responsive bidder; and Verizon Virginia is
the City's current provider, and its proposed rate would be a cost
savings of $9,000.00 per month less than the current rate.
The City Manager recommended that she be authorized to enter
into a contract with Verizon Virginia at a cost of $55,395.66 per month
for a period of one year, with the option to renew for an additional one
year period, and funds are available in operating accounts to cover the
cost of the contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
ACTION:
(#35238-031901) A RESOLUTION finding that the Iow bidder did
not provide a responsive bid and accepting the bid of Verizon Virginia
to provide local telephone service, upon certain terms and conditions,
and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such services; and rejecting all
other bids made to the City for the service.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35238-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and MayorSmith ................................................................ 6.
NAYS: None ....................................................................... -0.
(Council Member White was absent.)
POLICE DEPARTMENT: The City Manager submitted a
communication advising that the City of Roanoke received bids for the
new police building project on December22, 1999; Thor, Inc., submitted
the Iow bid in the amount of $4,335,000.00 and 390 consecutive
calendar days for construction time; the amount of the Iow bid
exceeded available funding, and after negotiation, a revised bid was
accepted in the amount of $4,015,200.00, with no change in
construction time; one of the items addressed in the negotiation was
removal of the streetscapes from the contract amount for a savings of
$30,300.00, which includes detailed masonry enhancements that are
more appropriately handled by contract work rather than City forces,
however, the Public Works Department will fund the work out of its
concrete replacement account; and it is proposed that the work be
added to the existing contract by a change order in the amount of
$30,300.00.
The City Manager recommended that she be authorized to
execute Change Order No. 9 with Thor, Inc., in the amount of $30,300.00
and zero additional calendar days of contract time, for a total contract
amount of $4,204,707.50, and authorize the Director of Finance to
transfer $30,300.00 from Sidewalk & Curbs Phase V-A, Account No.
008-052-9608-9001, to Police Building Streetscape, Account No.
008-530-9770.
(For full text, see report on file in the City Clerk's Office.)
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90
ACTION:
Mr. Harris offered the following emergency ordinance:
(#35239-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35239-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
Mr. Harris offered the following emergency Ordinance:
(#35240-031901) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 9 to the City's contract with Thor, Inc.,
for the removal of streetscapes for the New Police Building Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35240-031901.
The motion was seconded by mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. 6.
NAYS: None ....................................................................... -0.
(Council Member White was absent.)
PARKS AND RECREATION-DISABLED PERSONS: The City
Manager submitted a communication advising that on February 5, 2001,
Council authorized the City Manager to enter into a contractual
agreement with Wyant Construction Co., Inc., for remodeling seven City
park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and
Crystal Springs) to be in compliance with the Americans with
ACTION:
Disabilities Act requirements; the Council letter and Bid Committee
report of February 5, 2001, inadvertently listed Wyant Construction Co.,
Inc., as the entity to be awarded the contract, which was not the correct
legal name; and it was determined that the correct legal name to be
used for the contract is Kenneth L. Wyant, t/a Wyant Construction Co.
The City Manager recommended that Council amend Ordinance
No. 35208-020501, adopted February 5, 2001, to set forth the correct
name of the entity awarded the contract for the project, affirm
acceptance of the bid of Kenneth L. Wyant, t/a Wyant Construction Co.
and award a lump sum contract to Kenneth L. Wyant, t/a Wyant
Construction Co., in the amount of $98,950.00 and 75 consecutive
calendar days of contract time, and authorize the City Manager to enter
into a contractual agreement for the work, in a form to be approved by
the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35241-031901) AN ORDINANCE amending Ordinance No. 35208-
020501 to set forth the correct name of the entity being awarded the bid
for remodeling seven City park shelters (Thrasher, Golden, Fallon,
Wasena, Strauss, Smith and Crystal Springs) to be in compliance with
the Americans with Disabilities Act requirements; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35241-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... -6.
NAYS: None ...................................................................... -0.
(Council Member White was absent.)
BUDGET-CMERP-EQUIPMENT-RECYCLING-LIBRARIES: The City
Manager submitted a communication advising that on October 2, 2000,
Council concurred in funding recommendations for the fiscal year
2000-01 Capital Maintenance and Equipment Replacement Program
(CMERP); approval by Council is required for appropriation of funds
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ACTION:
from CMERP to various accounts to allow for acquisition of items listed
on Attachment "A" to the report; i.e.: recarpeting of the Williamson
Road and Raleigh Court Branch Libraries - $142,091.00, library
improvements - $100,000.00, five hundred 96-gallon Toter cans (trash
containers) $21,250.00 and three-thousand sixty-five 21-gallon
recycling bins - $13,770.00.
The City Manager recommended that Council adopt a budget
ordinance appropriating $177,111.00 to the following departmental
accounts:
$142,091.00 to Building Services, Account No. 001-440-
4330-3057
$35,020.00 to Solid Waste Management, Account No.
001-530-4210-2035
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35242-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35242-031901.
The motion was seconded by Mr. Harris.
Ms. Wyatt expressed concern with regard to that portion of the
report relating to recycling bins at a cost of $13,770.00. She advised
that when Council was briefed on the recycling program on Monday,
March 5, 2001, she requested a cost analysis, at which time she stated
that she would not support any expenditures pertaining to recycling
until she was provided with the requested information. Inasmuch as
the cost analysis has not been received, she advised that she could not
support the ordinance appropriating CMERP funds; however, she
requested that the record reflect that she does support library
recarpeting/improvements, totaling $142,091.00.
Mr. Hudson concurred in Ms. Wyatt's remarks and advised that
he could not support the ordinance without the requested information
on recycling cost analysis.
Inasmuch as emergency measures require the affirmative vote of
five members of Council, the ordinance was lost by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor
Smith ......................................................................................... -4.
NAYS: Council Members Wyatt and Hudson ........................... -2.
(Council Member White was absent.)
Mr. Bestpitch moved that the emergency clause be stricken from
Ordinance No. 35242. The motion was seconded by Mr. Carder and
adopted, Council Members Wyatt and Hudson voting no.
Mr. Bestpitch moved that the following ordinance be placed upon
its first reading:
(#35242) AN ORDINANCE to amend and reordain certain sections
of the 2000-2001 General Fund Appropriations.
The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris and Mayor
Smith .......................................................................................... -4.
NAYS: Council Members Wyatt and Hudson ............................ 2.
(Council Member White was absent.)
BOUNDARY LINE ADJUSTMENTS-STREETS AND ALLEYS: The
City Manager submitted a communication advising that since 1996,
there have been unresolved issues regarding access and public
services for 12 parcels of land located on Gates Lane, N. E., within the
City of Roanoke; access to Gates Lane in the City is only by way of
Gates Lane, in the Town of Vinton, which is a private road; in the past,
there has been difficulty in responding to emergencies since the City
must travel through the Town of Vinton to respond; the City has
provided refuse service by way of the private street, because refuse
trucks have not been able to negotiate the narrow street and
occasionally have caused damage to the street; Roanoke City Schools
has provided individual pick up by car for one student in order to
provide transportation to a City school; in 1997 and 1998, the City
denied subdivision of a 19.2 acre parcel of land owned by Mr. Mike
Henderson due to inadequate access provided by Gates Lane (private
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road); Mr. Henderson and Mrs. Carrell (805 Gates Lane) have both made
inquiries as to the possibility of adjusting the corporate boundary line
to relocate these 12 properties into the Town of Vinton; and it is the
City's understanding that location of the property at the end of a private
road or lane will prohibit subdivision of the property, regardless of
which jurisdiction the property is located within.
It was further advised that Section 16.2-3106, Code of Virginia,
1950, as amended, states that wherever any two or more localities wish
to relocate or change the boundary line between them, the governing
bodies of such localities may, by agreement, establish, relocate or
change such boundary line; accordingly, in this instance, the three
local governments (the City of Roanoke, County of Roanoke and Town
of Vinton) must be partners in any boundary adjustment agreement;
before adopting an agreement, each governing body is required to
properly advertise its intention to approve such agreement; following
publication of its intent to enter into such an agreement, each party to
the agreement must hold at least one public hearing on the agreement
prior to its adoption; within a reasonable time after a voluntary
boundary agreement is adopted by the three parties, each locality shall
petition the Circuit Court for one of the affected localities to approve
the boundary agreement; a plat must be provided depicting the change
in the boundaries of the locality or a metes and bounds description of
the new boundary line of the locality; and costs shall be awarded as the
Court may determine.
It was explained that the City Attorney is of the opinion that since
the City is relinquishing its land, the City should expect Roanoke
County and the Town of Vinton to bear all expenses of preparing the
necessary agreements, surveys, advertising costs, and costs of
petitioning the Circuit Court; and in the City Attorney's experience,
these types of voluntary annexations are time consuming and would be
subject to U. S. Justice Department approval under the Voting Rights
Act and may have to be reviewed bythe Council of Local Governments.
The City Manager advised that the proposed boundary line
adjustment would involve 12 properties and a total land area of 33.29
acres; total assessed value of the 12 properties is $480,400.00, and the
combined annual tax revenue is $5,725.23; and in the year 2000, the
City spent $9,929.00 collecting refuse and the City school system spent
$4,835.00 providing transportation for one student to attend Roanoke
City public schools.
ACTION:
The City Manager recommended that she be authorized to inquire
as to the intention of the adjoining municipalities and support of a
boundary line adjustment to include the 12 parcels of land identified on
Attachments 1 and 2, to the report, and that Council further authorize
the City Manager and the City Attorney to review and report to Council
on any agreement developed with the other jurisdiction(s) to adjust the
current boundary line.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of
the City Manager. The motion was seconded by Mr. Carder and
adopted.
STATE HIGHWAYS-STREETS AND ALLEYS-BRIDGES: The City
Manager submitted a communication advising that Section 33.1 - 41.1,
Code of Virginia, 1950, as amended, establishes eligibility criteria of
localities for receiving funds from the Virginia Department of
Transportation (VDOT) for street maintenance; the Code specifies two
functional classifications of roadways (Principal/Minor Arterials and
Collector/Locals) and establishes a base payment rate per lane mile for
each classification or roadway; rates are adjusted annually by VDOT
based upon a statewide maintenance index of unit costs for labor,
equipment and materials used by VDOT on roads and bridges; the
City's eligibility for fiscal year 2000-2001 is approximately $8,347,949.00
in street maintenance payments from VDOT; and these funds are used
for eligible maintenance expenditures that the City incurs for streets,
sidewalks, curb and gutter, traffic signals for bridges, signs and
pavement markings.
It was further advised that City staff suggests that a list of streets
attached to the report be submitted to VDOT to enable their eligibility
for payment in the next fiscal year; approval of the additions and
deletions to the street inventory is expected to increase the street
maintenance payments to the City by approximately $4,000.00 at
current year payment rates; and VDOT has agreed to take on
maintenance responsibilities of Frontage Road, therefore, it is included
as a deletion from the City system.
The City Manager recommended that she be authorized to submit
a proposed list of streets to the Virginia Department of Transportation
for approval by the Commonwealth Transportation Board to enable
State Maintenance Payment eligibility.
(For full text, see communication on file in the City Clerk's Office.)
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ACTION:
Mr. Harris offered the following resolution:
(#35143-031901) A RESOLUTION authorizing the City Manager to
submit a street inventory for State maintenance payment eligibility to
the Virginia Department of Transportation (VDOT), upon forms
prescribed by VDOT for approval by the Commonwealth Transportation
Board, in order to ensure the City's eligibility for State maintenance
funds.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35243-031901.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith 6.
NAYS: None O.
(Council Member White was absent.)
BUDGET-FDETC: The City Manager submitted a communication
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Workforce Investment Act
(WIA) for the region, which encompasses the Counties of Alleghany,
Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Clifton
Forge, Covington, Roanoke and Salem; the agency's client population
is primarily economically disadvantaged individuals as determined by
household income guidelines set by the U. S. Department of Labor; the
City of Roanoke is the grant recipient and fiscal agent for FDETC
funding, therefore, Council must appropriate funding for all grants and
other monies the FDETC receives; Family Services of Roanoke Valley
has signed an agreement with the FDETC which provides funding for
job search and placement services to clients referred to the FDETC by
the Drug Court; Family Services will pay $250.00 per client served for
the period January 1, 2001 to December 31, 2001; and funding will be
provided for a population of up to 88 persons, or a maximum of
$22,000.00 for the agreed upon period.
The City Manager recommended that Council appropriate FDETC
funding totaling $22,000.00 and increase the revenue estimate by
$22,000.00 in accounts to be established in the Consortium Fund by the
Director of Finance.
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35244-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Consortium Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35244-031901.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ................................................................ 6.
NAYS: None ......................................................................... 0.
(Council Member White was absent.)
DIRECTOR OF FINANCE'
BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director
of Finance submitted a written report advising that the Department of
Finance provides accounting, payroll and retirement services for the
Roanoke Valley Detention Commission; the Roanoke Valley Detention
Commission recently adopted an operating budget for fiscal year 2002
which will be the first full year of operation of the completed facility
since Phase II construction is scheduled for completion in June 2001;
and the budget must be appropriated within the City's accounting
system in order for the City to properly administer accounting services.
The Director of Finance recommended that Council adopt an
ordinance appropriating the Roanoke Valley Detention Commission's
operating budget for fiscal year 2002.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35245-031901) AN ORDINANCE to amend and reordain certain
sections of the 2001-2002 Roanoke Valley Detention Commission Fund
Appropriations, and providing for an emergency.
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ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35245-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................. -6.
NAYS: None ...................................................................... -0.
(Council Member White was absent.)
REPORTS OF COMMITTEES:
AUDITS/FINANCIAL REPORTS-AUDIT COMMITTEE: Council
Member William H. Carder, Member, Audit Committee, presented a
written report on behalf of the Committee, recommending that Council
authorize the City Manager to execute the appropriate documents to
contract on behalf of the City with KPMG under the terms stated in the
City's "Request for Proposal for Auditing Services', Number 00_11-1,
KPMG's proposal dated December 5, 2000, and KPMG's "Fee Schedule
for Audit Services" dated February 5, 2001.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35146-031901) AN ORDINANCE authorizing the City Manager to
enter into an agreement with KPMG LLP for the performance of annual
audits of the City's finances for each of the fiscal years ending June 30,
2001, 2002, 2003, and 2004, upon certain terms and conditions; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35246-031901.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith .............................................................. -6.
NAYS: None ..................................................................... -0.
ACTION:
(Council Member White was absent.)
POLICE DEPARTMENT-EQUIPMENT: Council Member W. Alvin
Hudson, J r., Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
to fabricate and install lockers in the New Police Building, located at
348 West Campbell Avenue. The Bid Committee recommended that
Council approve the following actions:
Accept the bid and award a lump sum contract to Carter's
Cabinet Shop of Roanoke, Inc., in the amount of
$169,281.00 and 60 consecutive calendar days of contract
time, with a project contingency of $10,719.00;
Authorize the City Manager to enter into a contractual
agreement for the work;
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35247-031901) AN ORDINANCE accepting the bid of Carter's
Cabinet Shop of Roanoke, Inc., to fabricate and install lockers in the
New Police Building, located at 348 Campbell Avenue, as follows: 248
in Men's Locker Room, 28 in Women's Locker Room and 17 in the
Tactical Room, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35247-031901.
The motion was seconded by Mr. Bestpitch.
Mr. Hudson expressed concern that $180,000.00 is proposed for
expenditure for 293 police lockers when there are fewer than 250
authorized police officer positions. He also questioned the size of the
proposed lockers.
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Mr. Bestpitch advised that most police officers are not provided
with an office or a desk, therefore, their work environment consists of
a locker and a shared police vehicle while on duty. He requested that
Council act favorably on the proposed lockers which provide the only
space that police officers can claim as their own.
The Assistant City Manager for Community Development advised
that Phase I of the new police building contains 293 lockers for police
officers; regular lockers are truly the "desk" of a uniformed patrol
officer when he or she reports for duty and lockers are used to house
uniforms, portable radios and other equipment, along with personal
items, including a briefcase containing the paperwork that each officer
is required to complete as a part of their official duties. He stated that
the proposed lockers comply with standards of the International Chiefs
of Police Association which consist of double door lockers that allow
the officer to store rain gear, a winter jacket and an area for bullet proof
vest ventilation. He added that lockers represent an important basic
issue for performance and morale and the dividends that this
investment will pay for both quality service and increased morale will
be significant.
The Mayor advised that he supports the recommendation of the
Bid Committee, however, Mr. Hudson's questions are appropriate.
Ordinance No. 35247-031901 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ........................................................ -6.
NAYS: None
(Council Member White was absent.)
HOUSING/AUTHORITY-SOUTH JEFFERSON REDEVELOPMENT
PLAN-COMMUNITY PLANNING-INDUSTRIES-BUDGET: A report of the
City Planning Commission in connection with a request of the Roanoke
Redevelopment and Housing Authority for consideration of the South
Jefferson Redevelopment Plan and determination that the proposed
redevelopment plan is in substantial accord with the City's
Comprehensive Plan, Roanoke Vision, was before Council.
The City Planning Commission advised that the redevelopment
area is located generally east of Route 220 (Roy L. Webber
Expressway), west of the Roanoke River, south of the Elm Avenue
interchange with Interstate 581, and north of Wiley Drive; at completion,
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the project could provide up to two million square feet of building
space, attract up to $300 million in private capital expenditures, and
provide up to 2,500 new, technical jobs for the region; and the Housing
Authority has worked closely with affected property owners to address
concerns and where possible, integrate their ideas for economic
development and private investment.
It was explained that the Planning Commission's role in the
proposed Redevelopment Plan is advisory to Council with respect to a
determination that the proposed Redevelopment Plan is in substantial
accord with the City's Comprehensive Plan, as set forth in Section 15.2-
2232, Code of Virginia (1950), as amended; the Redevelopment Plan
identifies three general areas for redevelopment, i.e.: (1) Jefferson
Street corridor, (2) campus and institutional areas in the vicinity of
Reserve Avenue, and (3) the crossing in the vicinity of railroad
development and warehouses; and a proposed Land Use Map is
included in the Redevelopment Plan identifying the following four
classifications of land use proposed for the redevelopment area: (1)
institutional mixed use (research, biomedical, and support uses, (2)
commercial support use, (i.e. office, business support), (3) commercial
and residential mixed use (flexible, combination business/residential
space and (4) public use (i.e. open space, greenways).
The Planning Commission advised that public improvements are
proposed for transportation corridors serving the area (Jefferson
Street, Albemarle Avenue, Williamson Road and Reserve Avenue) and
for Iow lying flood plain areas (along the Roanoke River), which
improvements include street widening, sidewalks, utility relocation and
new public open spaces and greenways; and an access ramp to the
redevelopment area from Interstate 581 is being pursued, however, at
the present time, the ramp's final location is pending additional traffic
and planning studies.
The City Planning Commission, on a vote of 5 - 1, found that the
Redevelopment Plan for the South Jefferson Redevelopment area is in
substantial accord with the City's Comprehensive Plan, Roanoke
Vision, and recommends that Council approve the Redevelopment Plan
and find that the Plan is in accord with the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
A communication from John P. Baker, Executive Director,
Roanoke Redevelopment and Housing Authority, advising that the
Housing Authority approved the South Jefferson Redevelopment Plan
and the South Jefferson Cooperation Agreement 2 at its regular
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meeting on March 12, 2001; and the Redevelopment Plan and
Cooperation Agreement are forwarded to Council with a
recommendation for approval from the Roanoke Redevelopment and
Housing Authority.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35248-031901) A RESOLUTION approving the Redevelopment
Plan for the South Jefferson Redevelopment Area dated February 5,
2001, as being substantially in accord with Roanoke Vision, the City's
Comprehensive Plan, and as required by Section 360-51 of the Code of
Virginia (1950), as amended.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35248-031901.
The motion was seconded by Mr. Carder.
Mr. Mark M. Hall, 1633 South Jefferson Street, owner of Wimmer
Tire Service Recap Shop, advised that his building will be the first to be
razed; however, he commended the South Jefferson Redevelopment
Plan and future benefits to the City of Roanoke as a result of the
project. He encouraged the City to provide just compensation to those
businesses that will be required to relocate and to render assistance in
finding a new location.
Resolution No. 35248-031901 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ........................................................... 6.
NAYS: None
(Council Member White was absent)
A communication from the City Manager advising that on May 17,
2000, Council and the Roanoke Redevelopment and Housing Authority
entered into a Cooperation Agreement to undertake an initial study,
preparation and research of a Redevelopment Plan; since that time, the
Housing Authority has defined the boundaries of the redevelopment
area, which is generally located east of Route 220, west of the Roanoke
River, south of the Elm Avenue interchange with 1-581, and north of
Reserve Avenue and prepared the South Jefferson Redevelopment
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Plan; and on February 26, 2001, a public hearing on the proposed
Redevelopment Plan was held by Council, the Planning Commission
and the Housing Authority.
The City Manager further advised that it is expected at
completion, the project will provide over a million square feet of
building space, attract several million dollars of private capital
investment and provide over 1,000 new technical jobs, many related to
the biotechnology field; in order to go forward with the activities
identified in the Plan, the Roanoke Redevelopment and Housing
Authoritywill be required to undertake certain redevelopment activities,
including property appraisal, acquisition and relocation; and estimated
costs to accomplish the activities are detailed in an agreement totaling
$14 million through the year 2003; and funding for the project will be as
follows:
Bond Proceeds:
Undesignated Capital
Funds (interest)
Water and Sewer Fund
Retained Earnings
Sale of Land
$12,000,000.00
1,000,000.00
797,500.00
202,500.00
TOTAL
$14,000,000.00
The City Manager recommended that Council adopt a measure
approving the substance of the South Jefferson Cooperation
Agreement 2 and authorize the City Manager to enter into the SJD
Agreement 2 with the Roanoke Redevelopment and Housing Authority;
authorize the City Manager to take such action and execute such
documents as may be reasonably necessary for implementation and
administration of the SJC Agreement 2; appropriate $1 million of
Undesignated Capital Funds for initial work by the Housing Authority;
authorize the City Clerk to advertise for a public hearing on Monday,
April 16, 2001, or at such other time as the City Manager may deem
appropriate, to be held for the purpose of receiving citizen input on the
issuance of the $12 million in bonds under the Public Finance Act,
Section 15.2-2600 et. seq., Code of Virginia (1950), as amended; and
adopt a resolution of intent for the City of Roanoke to reimburse the
interest income amount being appropriated from bond proceeds once
issued.
(For full text, see report on file in the City Clerk's Office.)
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Mr. Bestpitch offered the following emergency budget ordinance
appropriating $1 million, to provide funds for initial work to be
performed by the Roanoke Redevelopment and Housing Authority:
(#35249-031901) AN ORDINANCE to amend and reordain certain
sections of the 2000-01 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35249-
031901. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ................................................................ 6.
NAYS: None ..................................................................... -0.
(Council Member White was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35250-031901) AN ORDINANCE authorizing the proper City
officials to execute the South Jefferson Cooperation Agreement 2
between the City of Roanoke ("City") and the City of Roanoke
Redevelopment and Housing Authority (RRHA) to provide for the RRHA
to implement a Redevelopment Plan dated February 5, 2001, for a
certain portion of the City as identified in that Redevelopment Plan in
order to develop that area into a research and technology park to
enhance and promote economic development within the City and the
Roanoke Valley; and providing for an emergency.
Mr. Bestpitch moved the adoption of Ordinance No. 35250-
031901. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith. 6.
NAYS: None ........................................................................ -0.
(Council Member White was absent.)
Mr. Bestpitch offered the following resolution:
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(#35251-031901) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds for certain moneys to be appropriated by the City
to the City of Roanoke Redevelopment and Housing Authority (RRHA)
for expenditures in connection with the South Jefferson
Redevelopment Plan; and providing for an effective date.
Mr. Bestpitch moved the adoption of Resolution No. 35251-
031901. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
The City Manager submitted a communication advising that in
early 2000, Carilion Health System (CHS) and Carilion Biomedical
Institute (CBI) announced a plan to construct a building to house a
biomedical institute; the City worked with CHS and CBI to convince
them that the area known as the South Jefferson Redevelopment area
would be a desirable location for their investment; on May 17, 2000,
pursuant to Resolution No. 34842-051700, Council authorized the City
Manager to negotiate a Performance Agreement with CHS and CBI, in
accordance with a letter agreement dated May 15, 2000, among the
parties to encourage development of the area; the City Manager has
negotiated a Performance Agreement providing certain undertakings
by the City, CHS and CBI; since that time, the City of Roanoke
Redevelopment and Housing Authority has defined the boundaries of
the above redevelopment area, which is generally located east of Route
220, west of the Roanoke River, south of the Elm Avenue interchange
with 1-581 and north of Reserve Avenue and prepared the South
Jefferson Redevelopment Plan; on February 26, 2001, a public hearing
on the proposed Plan was held by Council, the Planning Commission
and the Roanoke Redevelopment and Housing Authority, with public
comment supportive of the proposed Plan; and CHS and CBI now wish
to be the first major occupants within the redevelopment area and the
City desires to encourage this activity in order to develop a research
and technology park within the area.
The City Manager further advised that in order for CHS and CBI
to go forward with a proposed investment of $10 million within 24
months of the purchase of the initial site within the redevelopment area,
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certain considerations will need to be made by the City of Roanoke; in
addition to acquisition and clearance of property, certain infrastructure
improvements will be needed in the area; the City plans to issue
general obligation bonds to cover the cost of development and to
provide such improvements; and CHS and CBI intend to purchase the
initial site for development in accordance with the Redevelopment Plan.
The City Manager recommended that Council approve the
substance of the Performance Agreement and authorize the City
Manager to enter into the Performance Agreement with Carillon Health
System and Carilion Biomedical Institute, to be approved as to form by
the City Attorney, and that the City Manager
be further authorized to take such action and execute such documents
as may be reasonably necessary for implementation and administration
of such Performance Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35252-031901) AN ORDINANCE authorizing the proper City
officials to execute a Performance Agreement among the City of
Roanoke ("City"), Carilion Health System ("CHS") and Carilion
Biomedical Institute ("CBI") that provides for certain undertakings by
the parties in connection with an area of the City contained in the South
Jefferson Redevelopment Plan in order to develop that area into a
research and technology park to enhance and promote economic
development within the City and the Roanoke Valley; and providing for
an emergency.
Mr. Hudson moved the adoption of Ordinance No. 35252-031901.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith 6.
NAYS: None ...................................................................... -0.
(Council Member White was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
ACTION:
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MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BYTHE MAYOR AND MEMBERS
OF COUNCIL: None.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: Mr.
Hume Powers, 2641 Nottingham Road, S. E., inquired as to when Wiley
Drive will be reopened to vehicular traffic. He advised that Wiley Drive
was first opened in early 1960 and closed in early 1999, which amounts
to approximately 35 years of two way traffic with few problems; the
road was constructed at no expense to the taxpayers of Roanoke by
Wiley N. Jackson Construction Company and donated to the City of
Roanoke, and the only expense to taxpayers has been routine
maintenance. He asked that Council instruct the City Manager to
reopen Wiley Drive to two way vehicular traffic within 30 days and until
plans for the Roanoke River Flood Reduction Project are finalized.
Items addressed under Other Hearings of Citizens are
automatically referred to the City Manager for appropriate response.
At 3:25 p.m., the meeting reconvened in the City
Chamber, with all Members of the Council in attendance,
Council Member White, Mayor Smith presiding.
Council
except
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Harris moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... -6.
NAYS: None ..................................................................... -0.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission created by the resignation of Ann D.
Masters, and called for nominations to fill the vacancy.
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Mr. Hudson placed in nomination the name of Robert Humphreys.
There being no further nominations, Mr. Humphreys was
appointed as a member of the Roanoke Arts Commission, for a term
ending June 30, 2001, by the following vote:
FOR MR. HUMPHREYS: Council Members Wyatt, Bestpitch,
Carder, Harris, Hudson and Mayor Smith ......................................... -6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE
CONFERENCE CENTER: The Mayor advised that on April 1,2001, there
will be a vacancy on the Hotel Roanoke Conference Center Commission
created by the resignation of James D. Ritchie, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of William White, Sr.
There being no further nominations, Mr. White was appointed as
a member of the Hotel Roanoke Conference Center Commission, to fill
the unexpired term of James D. Ritchie, resigned, commencing April 1,
2001, and ending April 3, 2003, by the following vote:
FOR MR. WHITE: Council Members Wyatt, Bestpitch, Carder,
Harris, Hudson and Mayor Smith .................................................... 6.
(Council Member White was absent.)
OATHS OF OFFICE.COMMITTEES-COMMUNITY PLANNING: The
Mayor advised that there is a vacancy on the City Planning Commission
for a term ending December 31, 2004, and called for nominations to fill
the vacancy.
Mr. Hudson placed in nomination the name of S. Wayne
Campbell.
There being no further nominations, Mr. Campbell was appointed
as a member of the City Planning Commission, for a term ending
December 31, 2004, by the following vote:
FOR MR. CAMPBELL: Council Members Wyatt, Carder, Harris,
Hudson and Mayor Smith ............................................................... 5.
(Council Member White was absent.)
109
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the resignation of Jay Stephens, and called for nominations
to fill the vacancy.
Mr. Carder placed in nomination the name of H. Marie Muddiman.
There being no further nominations, Ms. Muddiman was
appointed as a member of the Special Events Committee, for a term
ending June 30, 2001, by the following vote:
FOR MS. MUDDIMAN: Council Members Wyatt, Bestpitch, Carder,
Harris, Hudson and Mayor Smith ..................................................... 6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that there is a vacancy on the Board of Zoning Appeals created by the
death of Sydnor W. Brizendine, Jr., and called for nominations to fill the
vacancy.
Mr. Carder placed in nomination the name of Kermit E. Hale.
There being no further nominations, Mr. Hale was appointed as
a member of the Board of Zoning Appeals, to fill the unexpired term of
Sydnor W. Brizendine, Jr., ending December 31,2001, by the following
vote:
FOR MR. HALE: Council Members Wyatt, Bestpitch, Carder,
Harris, Hudson and Mayor Smith ..................................................... 6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that the terms of office of H. Victor Gilchrist, James W.
Burks and Carolyn M. Bumbry as Commissioners of the Roanoke
Redevelopment and Housing Authority expired on August 31,2000, and
called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of H. Victor Gilchrist,
James W. Burks and Carolyn M. Bumbry.
110
There being no further nominations, Mr. Gilchrist, Mr. Burks and
Ms. Bumbry were reappointed as Commissioners of the Roanoke
Redevelopment and Housing Authority, for terms ending August 31,
2004, by the following vote:
FOR MR. GILCHRIST, MR. BURKS AND MS. BUMBRY: Council
Members Wyatt, Bestpitch, Carder, Harris, Hudson and Mayor Smith---6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the term of office of Jonathan Katz as a member of the Youth
Services Citizen Board will expire on May 31, 2001, and called for
nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Jonathan Katz.
There being no further nominations, Mr. Katz was reappointed as
a member of the Youth Services Citizen Board, for a term ending
May 31, 2004, by the following vote:
FOR MR. KATZ: Council Members Wyatt, Bestpitch, Carder,
Harris, Hudson and Mayor Smith ..................................................... 6.
(Council Member White was absent.)
At 4:55 p. m., the Mayor declared the meeting in recess until
7:00 p.m.
On Monday, March 19, 2001, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith ........................................................................... -6.
ABSENT: Council Member William White, Sr.- ....................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of
Finance; and Mary F. Parker, City Clerk.
111
The reconvened meeting was opened with a prayer by Cadet Girl
Scout Lydia Higgs, Troop 213.
The Pledge of Allegiance to the Flag of the United States of
America was led by Brownie Scout Elizabeth Higgs, Troop 33.
PRESENTATIONS AND INTRODUCTIONS:
ACTS OF ACKNOWLEDGEMENT-YOUTH: Cadet Scout Lydia
Higgs and others led the Members of Council in reciting the Girl Scout
Promise and Law, and a certificate was presented declaring each
Member of Council as an Honorary Member of the Girl Scouts
organization for one day. Council Members were also presented with
a box of Girl Scout cookies.
SCHOOLS: On June 30, 2001, the three year terms of office of
Ruth C. Willson and Melinda J. Payne as Trustees of the Roanoke City
School Board will expire.
Pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Trustees, on or before March 31, Council, as a Committee of
the whole, will review and consider all candidates for the position of
School Trustee, and at such meeting Council shall review all
applications filed for the position and may elect to interview candidates
for such positions, whereupon, the matter was before the body.
The Mayor introduced the following persons who submitted
applications prior to the deadline on March 9, 2001, at 5:00 p.m.:
Gary M. Bowman
Melvin W. Garrett
Melinda J. Payne
Lee A. Pusha (Withdrew application
on Friday, March 16, 2001.)
William E. Skeen
Ruth C. Willson
Without objections by Council the Mayor advised that the
applications would be received and filed.
PUBLIC HEARINGS:
112
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, March 19, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Paul A. Duncan
and Gary A. Duncan Partnership that a portion of those certain parcels
of real property located at 4425 and 4431 Northwood Drive, N. W.,
identified as Official Tax Nos. 6140610 and 6140609, and a portion of
that certain parcel of land located at 2032 Peters Creek Road, N. W.,
identified as Official Tax No. 6141403, be rezoned from RS-3,
Residential Single Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on March 2 and 9, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that in 1986,
a 2.21 acre tract of land, designated as Official Tax No. 6141403, was
conditionally rezoned from RG-1, General Residential District, to C-2,
General Commercial District, to construct and operate a new
automobile dealership; the petitioners constructed and presently
operate an Audi/Saab/Acura dealership; since 1986, the petitioners
have acquired two adjacent residential properties, Official Tax Nos.
6140609 and 6140610, and have re-subdivided Official Tax No. 6141403
to include an additional strip of land from these residential tracts,
approximately 30 feet wide; and the purpose of the request for rezoning
is to allow the construction of a new, separate Acura facility, as
requested by the manufacturer, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, subject to conditions as set forth in
the First Amended Petition to Rezone.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#35253) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
113
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter; whereupon, G. Michael
Pace, Attorney, representing the petitioners, advised that Acura is
requiring its dealers to build stand alone or free standing dealerships;
therefore, his clients wish to remain at their present location and they
are requesting a rezoning of the contiguous property. He called
attention to certain proffered conditions that have been reviewed by the
City Attorney's Office and City Planning staffthat will mitigate or lessen
any impact on adjoining residential properties. He stated that to his
knowledge, there is no opposition to the proposed rezoning, the use is
consistent with many business uses up and down Peters Creek Road,
his client has operated a first class business since 1986, and Westview
Terrace property owners have expressed no opposition to the proposed
rezoning.
Mr. Allen Lowe, 2035 Meadowbrook Road, N. W., advised that the
petitioners have been good neighbors; however, his concern relates
primarily to the potential for flooding on Peters Creek Road as a result
of new construction.
Following discussion, Ordinance No. 35253, on first reading, was
adopted by the following vote:
AYES: Council Members Wyatt, Carder, Hudson and Mayor
Smith ......................................................................................... -4.
NAYS: Council Members Bestpitch and Harris ........................ 2.
(Council Member White 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, March 19, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Roanoke Valley
SPCA and Ms. Sandra L. Overstreet, that a tract of land partially fronting
on a portion of Baldwin Avenue, N. E. (8 lots), and additional property
fronting on a portion of Edmund Avenue (16 lots), identified as Official
Tax Nos. 3210616 - 3210620, inclusive, 3210712 - 3210722, inclusive,
and 3210701 3210708, inclusive, be rezoned from LM, Light
114
ACTION:
Manufacturing District, to HM, Heavy Manufacturing District, subject to
certain conditions proffered by the petitioners, the matter was before
the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on March 2 and 9, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the SPCA
currently has a contract to purchase properties adjacent to its existing
animal shelter for the purpose of constructing a new regional facility;
and additional property under contract for purchase is being acquired
to accommodate both the animal shelter and impoundment facility, was
before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that a regional project
will address an important public need and improve the existing
arrangement for an animal impoundment facility by providing a new
location outside of the flood plain that is in close proximity for both City
and regional users.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#35254) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain propertywithin the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Carder.
W. Eric Branscom, Attorney, representing the petitioners,
appeared before Council in support of the request of his clients.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 35254 was adopted, on its first reading, by the following
vote:
115
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ............................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: Pursuant
to Resolution No. 25523 adopted by the Council on Monday, April 6,
1981, the City Clerk having advertised a public hearing for Monday,
March 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, to consider proposed amendments to zoning regulations with
regard to outdoor advertising (billboards) in the City of Roanoke, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on March 2 and 9, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Planning Commission considered proposed amendments to the City's
outdoor advertising regulations at its meeting on September 21,2000;
at that time the Commission, by a vote of 4-2, recommended that
Council approve the proposed amendments; the recommendation was
forwarded to Council for public hearing on October 16, 2000, and
Council subsequently referred the matter back to the City Planning
Commission for further study, report and recommendation, was before
the body.
It was further advised that City Planning staff met on January 8,
2001, with representatives of the sign industry and beautification
organizations to determine if there was common ground that could be
reached; it was tentatively agreed that certain changes to the ordinance
could be supported to close existing loopholes and additional changes
dealing with the placement of billboards, maintenance, and viewshed
protection would be proposed at a later time in the year 2001; and
tentatively agreed upon changes include the following:
A new billboard could not be located within 350 feet from
an existing billboard on the same side of the street.
Billboards could not be located within 300 feet of a
residential district located within the City.
116
ACTION:
· Billboards could not be located within 500 feet of the
intersection of an arterial or collector street and a
municipal corporation boundary. (Note that in the event
that a boundary runs down the center of the street, a 350-
foot spacing requirement would apply between billboards
located beyond the 500-foot boundary/street requirement.)
· The distance between billboards would be measured from
sign to sign rather than lot to lot. A basic development
plan must be submitted for new billboards and all
separation distances must be documented by a survey.
The City Planning Commission recommended that Council adopt
Zoning Ordinance amendments addressing outdoor advertising.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35255-031901) AN ORDINANCE amending and reordaining
§36.1-25, Definitions, of Article II, Construction of Language and
Definitions, and §36.1-445, Additional siqn re~aulations, by amending
subsection (a) and adding a new subsection (e), of Article IV,
Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, to clarify and provide appropriate
spatial requirements for outdoor advertising signs; and dispensing with
the second reading of the title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35255-
031901. The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 35255-031901 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson and Mayor Smith ........................................................... -6.
NAYS: None. 0.
(Council Member White was absent.)
OTHER HEARING OF CITIZENS:
117
COMPLAINTS-POLICE DEPARTMENT: Mr. Frederick Price, 115
Salem Avenue, S. W., Mr. James Peterson, 409 18th Street, S. E., and
Mr. Nicholas S. Carr, 2703 Garden City Boulevard, S. E., called attention
to a parking lot owned by the City of Roanoke in the area of Salem and
Norfolk Avenues (behind Billy's Ritz Restaurant), which was previously
operated by AIIright Parking Company as paid parking; however, the
parking lot has now been assigned to Norfolk Southern. They
expressed concern that the parking lot is not clearly identified as
private parking during certain hours of the day; therefore, City Market
patrons park in the lot, their vehicles are towed away by a local towing
company, and a cost of $90.00 is incurred to reclaim the vehicle.
COMPLAINTS-INTEGRATION/SEGREGATION: Mr. Jeff Artis,
Chair, Board of Directors, Roanoke Southern Christian Leadership
Conference, formally requested that Council adopt a measure
specifically prohibiting Roanoke City government, or any entity thereof,
from engaging in or doing business with any individual or business
entity and/or their subsidiaries, that practice and/or have been found
guilty of practicing discrimination of any kind, including age
discrimination and discrimination based upon sexual orientation.
COMPLAINTS: Mr. Robert Gravely, 1412 Moorman Road, N. W.,
expressed concern with regard to the following City issues: an increase
in real estate assessments, declining economy, increased housing
costs, Iow wages for City employees, high crime rate, and corruption.
The Mayor advised that matters addressed under Other Hearing
of Citizens are automatically referred to the City Manager for
appropriate response.
The Monday, March 19, 2001, 12:15 p.m. regular session of the
Roanoke City Council which was declared in recess until Monday,
March 26, 2001, was called to order at 11:00 a.m., in the Exhibit Hall at
the Roanoke Civic Center, 710 Williamson Road, N. E., with Mayor
Smith presiding and the following Council Members in attendance.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris (arrived a
11:30 a.m.), W. Alvin Hudson, Jr., and Mayor Ralph K. Smith .............. 7.
ABSENT: None ..................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
Elizabeth K. Dillon, Assistant City Attorney; James D. Grisso, Director
of Finance; and Mary F. Parker, City Clerk.
118
COUNCIL: The purpose of the reconvened meeting is to hold a
Planning Retreat as a follow up to the retreat which was held on July
20 and 21, 2000. The meeting was facilitated by Lyle Sumek, Lyle
Sumek Associates, Inc.
Mr. Sumek presented a summary of his one-on-one
conversations with the Members of Council prior to the planning
retreat. He then led the group in a team building exercise designed
toward recognizing interdependence on each other.
Members of Council participated in an exercise which they were
asked to list the characteristics of a good leader and the characteristics
of a poor leader, followed by an exercise in which they were asked to
list four points for their vision for the future of Roanoke in five to ten
years, to list three to four items in the next six months that need
decisive action by Council, what means success to each member of
Council in the next six months, and what actions need to be taken by
Council at this time to be successful.
At 12:00 noon, the meeting was declared in recess for lunch.
At 1:00 p.m., the meeting reconvened in the Exhibit Hall of the
Roanoke Civic Center, with all Members of the Council in attendance,
except Ms. Wyatt who left the meeting during the lunch break and
returned at 1:15 p.m., Mayor Smith presiding.
As a part of the above exercise, there was discussion in regard
to the City's Comprehensive Plan, fire station study, Victory Stadium,
restructuring of Council appointed boards and commissions, Riverside
Centre, the budget process, City staff reorganization, solid waste
management, and neighborhood plans.
The meeting was declared in recess at 5:10 p.m., for dinner.
At 6:00 p.m., the meeting reconvened in the Exhibit Hall of the
Roanoke Civic Centerwith all Members of Council in attendance, Mayor
Smith presiding.
Council Members participated in a discussion regarding their
perception of Council meetings, and potential actions that could be
initiated to make Council meetings more effective and professional.
It was the consensus of Council to set aside a day and one-half
in July, 2001 for another planning retreat.
119
There being no further business, the Mayor declared the meeting
adjourned at 8:00 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
~~_,_~~Ralph K Smith
Mayor
120
ACTION:
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 2, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, April 2,
2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin
Hudson, Jr., Linda F. Wyatt and Mayor Ralph K. Smith ....................................... 5.
ABSENT: Council Members C. Nelson Harris and William White, Sr.- .......... 2.
(Entered the meeting during the first closed session.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Mary F. Parker,
City Clerk.
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and White were absent.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss a matter
with regard to acquisition of real property for public purpose, where discussion in
121
open meeting would adversely affect the bargaining position or negotiating strategy
of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and White were absent.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss a matter
with regard to disposition of publicly held property, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to disposition of
publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Bestpitch and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and White were absent.)
122
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
ACTION'
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and White were absent.)
At 12:20 p.m., the Mayor declared the meeting in recess for four closed
sessions and with the understanding that the Council meeting would reconvene at
2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, April 2, 2001, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C.
Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor
Ralph K. Smith ............................................................................................... 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member C.
Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
ACTION:
123
PRESENTATIONS
PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-
COMMUNICATIONS DEPARTMENT: The Mayor presented a
proclamation declaring the week of April 8 14, as National
Telecommunicator's Week in the City of Roanoke.
Mr. Carder offered the following resolution:
(#35256-040201) A RESOLUTION recognizing Melissa L. Williams
as Roanoke Public Safety Telecommunicator of the Year 2001 in the
City's E-911 Communications Center.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Carder moved the adoption of Resolution No. 35256-040201.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ....................................................................... -0.
The Mayor presented Ms. Williams with a ceremonial copy of the
abovereferenced resolution and a plaque recognizing her as Roanoke
Public Safety Telecommunicator of the year 2001.
PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented
a proclamation declaring the month of April, 2001, as Fair Housing
Month in the City of Roanoke.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
MINUTES: Minutes of the regular meeting of Council held on
Monday, March 19, 2001, and the reconvened meeting on Monday,
March 26, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
124
ACTION:
ACTION:
ACTION:
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ...................................................................... -0.
COMMITTEES-CULTURAL SERVICES COMMITTEE: A
communication from Mary S. Neal tendering her resignation as the City
Manager's designee to the Cultural Services Committee, effective
immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by Mr.
Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
ZONING-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
Kermit E. Hale as a member of the Board of Zoning
Appeals to fill the unexpired term of Sydnor W. Brizendine,
Jr., deceased, ending December 31, 2001; and
Michael W. Ridenhour as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term
ending November 30, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Hudson and adopted by the
following vote:
ACTION:
125
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
REGULAR AGENDA
SCHOOLS: The Mayor advised that on June 30, 2001, there will
be two vacancies on the Roanoke City School Board for terms
commencing July 1, 2001, and ending June 30, 2004. He further
advised that six applications for the positions were received prior to the
deadline on Friday, March 9, 2001; however one applicant withdrew his
name from consideration (Lee Pusha).
The Mayor further advised that Section 9-20, Selection of
Candidates for Public Interview, provides that on or before April 20 of
each year Council shall, by public vote, select from the field of
candidates those candidates to be accorded the public interview
required by Section 9-21 of the City Code, and all other candidates shall
be eliminated from the School Trustee selection process.
Mr. White moved that Gary M. Bowman, Melvin W. Garrett,
Melinda J. Payne, William E. Skeen and Ruth C. Willson be accorded
the public interview by Council on Thursday, April 19, 2001,
commencing at 4:00 p.m., in the City Council Chamber. The motion was
seconded by Ms. Wyatt and unanimously adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE REGIONAL CHAMBER OF COMMERCE-
ARMORY/STADIUM: Bruce Wood, Vice Chair for Public Policy and
Strategic Issues for the Roanoke Regional Chamber of Commerce
addressed Council with regard to Victory Stadium. He read the
following letter from Edwin C. Hall, Chair, Board of Directors, Roanoke
Regional Chamber of Commerce:
"The City of Roanoke is looking ahead as it completes
VISION 2001, a long-range comprehensive planning
process that has the potential to shape the city's future.
At hand, however, is a decision on Victory Stadium. The
Board of Directors of the Roanoke Regional Chamber of
Commerce urges Roanoke City Council to move decisively
as it considers the potential this decision has on the city's
future.
126
ACTION:
The Roanoke Regional Chamber cares deeply about the
region's future, business climate, quality of life, image,
and ability to attract new businesses while helping
existing ones grow. In that light, the Chamber asks
Roanoke leaders to keep all the factors in mind as it
reaches a decision on Victory Stadium that should and will
affect the broader landscape of the city beyond the corner
of Jefferson and Reserve.
Council's recommendation for Victory Stadium should
consider the
economic development impact such as the potential
to attract tourism spending and contribute to quality
of life
needs of the Roanoke City Schools for facilities that
serve the needs of its students and represent the
system's commitment to excellence in education
highest and best use of the property that is a
gateway to downtown, surrounding neighborhoods,
and the Carillon Biomedical Institute
return on the investment
wise use of city financial resources
emotional impact of the decision on the community.
We encourage City Council to consider many options but
to expediently weigh the alternatives and move forward
with a decision that creates a positive return on
investment for the city and that fits with the progressive
future most citizens envision for their region in such a
signature project."
Without objection by Council, the Mayor advised that the
communication would be received and filed.
AIRPORT-BUDGET: In accordance with the Roanoke Regional
Airport Commission Contract dated January 28, 1987, as amended,
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport,
presented the Airport budget for fiscal year 2001-02, including a
separate listing of capital expenditures. She advised that the budget
was adopted by the Airport Commission at its meeting on March 14,
2001; and provides a separate listing of Capital Expenditures which are
expected to exceed $100,000.00 in cost and are intended to benefit five
ACTION:
127
or more future accounting periods; and formal approval of the
Operating Budget and the Capital Expenditure List, by resolution of
each of the participating political subdivisions, is requested.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35257-040201) A RESOLUTION approving the Roanoke
Regional Airport Commission's 2001-2002 proposed operating and
capital budget, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Harris moved the adoption of Resolution No. 35257-040201.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ........................................................................ 0.
PETITIONS AND COMMUNICATIONS:
VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY-ECONOMIC
DEVELOPMENT: Council MemberWilliam D. Bestpitch, one of the City's
representatives to the New River Valley Commerce Park Participation
Committee, presented a communication advising that the New River
Valley Commerce Park Participation Committee has received
correspondence from David Rundgren notifying all members of the
Committee that additional shares in the Commerce Park Project are
available due to the fact that Wythe County has chosen to withdrawn
from participation.
Mr. Bestpitch recommended that since there are other
jurisdictions that have interest in purchasing the shares, the City of
Roanoke should staywith its current share ownership of 10,000 shares,
not purchase its pro-rata portion of additional shares, and let the
available shares adhere to other interested jurisdictions.
(For full text, see communication and attachments on file in the City
Clerk's Office.)
128
ACTION:
Mr. Bestpitch moved that Council concur in the recommendation.
The motion was seconded by Mr. Harris and unanimously adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FDETC: The City Manager submitted a communication
advising that the Fifth District Employment and Training Consortium
(FDETC) administers the Federally funded Workforce Investment Act
(WIA) for the region, which encompasses the Counties of Allegheny,
Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Clifton
Forge, Covington, Roanoke and Salem; the agency's client population
is composed primarily of economically disadvantaged individuals as
determined by household income guidelines set bythe U.S. Department
of Labor; the City of Roanoke is the grant recipient and fiscal agent for
FDETC funding, thus, Council must appropriate funding for all grants
and other monies the FDETC receives; the Virginia Department of
Social Services has notified the FDETC that a proposal to provide
services under the Virginia Department of Social Services Economic
and Employment Improvement Grant Program for Disadvantaged
Persons has been approved; and award of $50,000.00 will be given to
the FDETC for the period of March 1, 2001 through June 30, 2002.
The City Manager recommended that Council appropriate the
FDETC's funding totaling $50,000.00 and increase the revenue estimate
by $50,000.00 in accounts to be established in the Consortium Fund by
the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35258-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Consortium Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
ACTION:
ACTION:
129
Mr. Carder moved the adoption of Ordinance No. 35258-040201.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ....................................................................... -0.
BUDGET-GRANTS-LIBRARIES: The City Manager submitted a
communication advising that the Roanoke City Public Library has been
awarded a grant of $13,300.00 by The Library of Virginia which is to be
used to renovate and furnish a room in the Main Library for use as a
computer lab; and the grant is in support of a grant previously received
from the Bill and Melinda Gates Foundation for computer equipment.
The City Manager recommended that Council accept the Library
of Virginia Grant, and that she be authorized to execute the requisite
grant documents, establish a $13,000.00 revenue estimate in an
account to be established by the Director of Finance and that Council
appropriate funds in accounts to be established by the Director of
Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35259-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Harris moved the adoption of Ordinance No. 35259-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ........................................................................ 0.
Mr. Harris offered the following resolution:
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ACTION:
(#35260-040201) A RESOLUTION accepting the Library of Virginia
Grant to the Roanoke Public Library to renovate and furnish a room in
the main Library for use as a computer lab.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Harris moved the adoption of Resolution No. 35260-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ....................................................................... 0.
NEIGHBORHOOD ORGANIZATIONS-GRANTS: The City Manager
submitted a communication advising that historically, the Northwest
Neighborhood Environmental Organization has received HOME
Investment Partnerships (HOME) funds from the City of Roanoke to
develop affordable housing; on May9, 2000, Council authorized funding
for acquisition and rehabilitation of two properties located in the 500
block of Loudon Avenue, N. W., pursuant to Resolution No. 34798-
050900, which approved submission of the City's 2000-2005
Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD); on June 19, 2000, Council accepted 2000-01 HOME
funds pursuant to Budget Ordinance No. 34882-061900 and Resolution
No. 34883-061900; in order to provide funding for NNEO to develop the
Fifth Street Gateway Project approved in the City's Consolidated Plan,
authorization by Council is needed to execute a subgrant agreement
with NNEO; and funding is available in Account No. 035-090-5308-5309,
in the amount of $78,700.00.
The City Manager recommended that she be authorized to
execute a HOME Subgrant Agreement with the Northwest
Neighborhood Environmental Organization.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35261-040201) A RESOLUTION authorizing the execution of a
subgrant agreement with the Northwest Neighborhood Environmental
Organization for administration of Community Development Block
Grant (CDBG) funds for FY 2000-2001 for the development of the Fifth
Street Gateway Project.
ACTION:
131
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Harris moved the adoption of Resolution No. 35261-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-HOUSING/AUTHORITY: The City Manager submitted a
communication advising that as part of its ongoing efforts to improve
public housing at the Lincoln Terrace Development, the Roanoke
Redevelopment and Housing Authority (RRHA) applied for and has
been awarded a $15.1 million HOPE VI Revitalization Grant from the
U.S. Department of Housing and Urban Development ("HUD"); in
support of the RRHA HOPE VI application, the City committed to
provide up to $3 million in financial assistance for both infrastructure
costs of the Lincoln 2000/HOPE VI Project and housing rehabilitation
loan funding for existing homeowners in the Washington Park
neighborhood; and infrastructure funding to be provided bythe Citywill
support improvements in public rights-of-way and publicly dedicated
easements, including, but not limited to, construction and
reconstruction of streets, curbs, gutters and sidewalks and water and
sewer utilities.
It was further advised that the City will provide the Housing
Authority with a total of $2.1 million for infrastructure improvements in
three yearly installments, with the $600,000.00 covered by this letter
being the first installment (The remaining $900,000.00 of the total
$3 million committed by the City is for housing rehabilitation and is
being handled separately); funds for the first installment have been
identified in the General Fund and Community Development Block
Grant (UCDBG") program funds and from Retained Earnings in the
Water Fund and Sewer Fund; and specific amounts and sources are as
follow:
Source
CDBG
General Fund
Sewer Fund
Water Fund
Account Name Amount
Infrastructure $253,000.00
Transfer to Capital Projects $100,000.00
Retained Earnings $109,000.00
Retained Earnings $138,000.00
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ACTION:
ACTION:
The City Manager recommended that she be authorized to
execute the 2000/01 Agreement with the Housing Authority, and
appropriate funds in the amount of $347,000.00 from City funding
sources to accounts to be established by the Director of Finance and
entitled, "Lincoln 2000/HOPE VI Infrastructure," and CDBG funds have
been previously appropriated to the proper account.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35262-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Water, Sewage Treatment, and Capital
Projects Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Harris moved the adoption of Ordinance No. 35262-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ....................................................................... -0.
Mr. Harris offered the following resolution:
(#35263-040201) A RESOLUTION authorizing the appropriate City
officials to enter into a 2000-2001 Agreement with the City of Roanoke
Redevelopment and Housing Authority, providing funding for
infrastructure improvements associated with the Lincoln 2000/HOPE VI
Community Revitalization Program Project, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Harris moved the adoption of Resolution No. 35263-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ....................................................................... -0
133
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager
submitted a communication advising that in 1989, a $7.5 million bond
referendum was passed to provide partial funding for the Roanoke
River Flood Reduction Project, and a utility tax was established to pay
the debt service for the bond; in 1990, a Local Cooperation Agreement
(LCA) was executed with the U.S. Army Corps of Engineers to construct
the project; under the LCA, the City committed to fund five per cent of
the project and construction costs, 100 per cent of property acquisition
costs, 100 per cent of relocation costs, and 50 per cent of recreation
trail costs; estimated cost of the remaining City share of the project is
approximately $12.9 million; there is a current unobligated balance of
approximately $5.4 million in project accounts; at the appropriate time,
the previously approved bond issue of $7.5 million will be issued; and
$624,000.00 was included in Transfers to Capital Projects Fund as part
of the approved General Fund budget for fiscal year 2001 in support of
the project, and now needs to be transferred to the Capital Projects
Fund and appropriated to the proper Capital Projects Fund account.
The City Manager recommended that Council appropriate
$624,000.00 which was included in the adopted budget of General Fund
Account No. 001-250-9310-9508 in the Capital Projects Fund Account
No. 008-056-9620-9003, Roanoke River Flood Reduction.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35264-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 35264-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ........................................................................ 0.
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City
Manager submitted a communication advising that Foot Levelers, Inc.,
located at 518 Pocahontas Drive, is a local company which
134
manufactures orthopedic insoles for shoes; approximately 12 months
ago, Foot Levelers recognized a need to expand operations and began
to look for sites outside the City of Roanoke; in order to keep its
business in the City and to make expansion possible in the City of
Roanoke, Foot Levelers requested assistance from the City of Roanoke;
Foot Levelers is investing approximately $3.3 million in a building
expansion and an additional investment will be made for new
equipment; the company has added approximately 30 positions over
the past 18 months and expects to continue to add approximately eight
to ten positions per year over the next three years; and the City has
worked with the Industrial Development Authority to assist with the
expansion project which will promote economic development in the
City of Roanoke.
It was further advised that the Industrial Development Authority
discussed the project at its March 7, 200'1, meeting and has requested
$34,790.00 from the City to assist with the cost of the expansion
project; funds from the City will be used by the IDA to make an
economic development grant to Foot Levelers for its expansion project;
and the IDA will require Foot Levelers to provide documentation that
the grant funds are used for the expansion project.
The City Manager recommended that Council authorize transfer
of $34,790.00 to an account to be entitled, "Foot Levelers Infrastructure
Project," which will provide funds for the IDA for purposes of
promoting economic development in the City of Roanoke and the
Roanoke Valley, in order to fund the grant that the Industrial
Development Authority intends to make to Foot Levelers, Inc., upon
certain terms and conditions; authorize the City Manager and the City
Clerk, on behalf of the City, to execute and attest, respectively,
appropriate documents between the City, the IDA and Foot Levelers,
Inc., upon certain terms and conditions, to allow the IDA to make the
economic development grant to Foot Levelers; that the City Manager be
further authorized to take such action and execute such additional
documents as may be reasonably necessary to provide for
implementation and administration of such economic development
grant; and transfer $27,490.00 from Capital Improvement Reserve
Building and $7,300.00 from RClT Entrance Sign Project to fund the
economic development grant to be made to Foot Levelers, Inc., by the
Industrial Development Authority.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
135
(#35265-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
ACTION:
Mr. Carder moved the adoption of Ordinance No. 35265-040201.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
Mr. Harris offered the following emergency ordinance:
(#35266-040201) AN ORDINANCE providing that the City of
Roanoke will appropriate an amount up to $34,790.00 to the Industrial
Development Authority of the City of Roanoke, Virginia (IDA) for the
purposes of promoting economic development in the City of Roanoke
and the Roanoke Valley in order to fund the grant that the IDA intends
to make to Foot Levelers, Inc., and authorizing the proper City officials
to execute appropriate documentation among the City of Roanoke, the
IDA, and Foot Levelers, Inc., that provides for an expansion project by
Foot Levelers that will result in an investment and retention of jobs
within the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 35266-040201.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ...................................................... 7.
NAYS: None ....................................................................... 0.
At 2:35 p.m., the Mayor declared the meeting in recess and
Council reconvened in closed session.
At 3:50 p.m., the City Council meeting reconvened in the Council
Chamber, with Mayor Smith presiding, and all Members of the Council
in attendance.
136
ACTION:
NORFOLK SOUTHERN CORPORATION-RAIL SERVICE: The City
Manager submitted a communication advising that on January 16, 2001,
after the Passenger Rail Service Committee presented its report,
Council referred the issue of designating and funding a future site for
the Passenger Rail Depot to the City Manager's Office; after review of
the report, the City Manager agreed that Council should officially
designate the former Norfolk Southern passenger rail station on
Shenandoah Avenue as the depot for this endeavor; not only would the
structure be restored to its previous use, but could also serve as a
destination itself with the possible siting of an O. Winston Link
photograph museum; as requested by the Passenger Rail Service
Committee, she will include this item on the budget study agenda; and
total renovation cost is estimated at $9 million, with $1.7 million
requested from City funds.
The City Manager recommended that Council adopt a resolution
designating the former Norfolk Southern passenger rail station for
future passenger rail service.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#35267-040201) A RESOLUTION designating the former Norfolk
Southern passenger rail station located on Shenandoah Avenue across
from The Hotel Roanoke as the official depot for light rail service.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Bestpitch moved the adoption of Resolution No. 35267-
040201. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
Mr. White requested that the City Clerk forward a letter to the
Passenger Rail Service Committee acknowledging the work of the
committee. He further requested that the matter of state funding for
passenger rail service be referred to the Legislative Committee for
discussion in connection with the City's proposed 2002 Legislative
Program.
ACTION:
137
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, 2001.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
REPORTS OF COMMITTEES:
COMMITTEES-COUNCIL: The committee appointed by Council on
January 8, 2001, to review and make recommendations regarding
restructuring of the City's authorities, boards, commissions and
committees submitted the following recommendations:
Discontinue the following commissions, committees and
task force:
Economic Development Commission
Revenue Study Commission
City Taxes Committee (Has not met for
approximately ten years.)
Downtown Housing Task Force
Metropolitan Transportation Planning District Study
Committee
Roanoke Valley Cooperative Study Committee
City Investment Committee
Set-off Debt Collections Board
Bid Specifications Committee (Initially appointed to study
vehicular equipment purchases; the Virginia Procurement
Code satisfactorily addresses such issues; and bid
committees to review construction procurement bids will
continue to be appointed.)
Upper Roanoke River Sub-area Advisory Committee (City
representatives)
Center in the Square Board of Directors (City
representative)
Water Resources
conducted more
Committee (City business will be
expeditiously if matters routinely
addressed by the committee are forwarded directly to City
Council; City real estate transactions will be expedited by
138
approximately 30 days; matters that are routinely
addressed by the committee are forwarded to Council for
approval; and six members of Council currently serve on
the committee.)
The procedure for electing Trustees to the Roanoke City
School Board as set forth in Chapter 9, Education, Code of
the City of Roanoke (1979), as amended, will remain the
same, with one exception; i.e.: elimination of the public
reception for School Board applicants.
Effective July 1, 2001, establish a uniform process for
appointing members to the City Planning Commission,
Board of Zoning Appeals, Architectural Review Board,
Roanoke Redevelopment and Housing Authority and
Industrial Development Authority, through a phased in
approach beginning with the Architectural Review Board
(two vacancies on October 1, 2001), the Industrial
Development Authority (two vacancies on October 20,
2001) and the Board of Zoning Appeals (two vacancies on
December 31, 2001). The City Clerk will advertise the
vacancies 45 days prior to expiration of the term of office,
copies of all applications will be forwarded to City Council
for review, and Council will select no more than three
persons to be interviewed in closed session for each
vacancy.
Provide a stipend for current members of the City
Planning Commission and the Board of Zoning Appeals,
upon completion of a certification program. New
appointees will be required to attain certification within
one year of the date of appointment. A majority of the
current members of the City Planning Commission have
attained their certification through the Virginia Certified
Planning Commissioners Program sponsored by Virginia
Tech, and Virginia Tech also offers a Virginia Certified
Board of Zoning Appeals Program. Since there is no
certification program for School Board Trustees, members
should be encouraged to attend Virginia School Board
Association activities where they are awarded points
based upon participation in various programs and
conferences. The City Manager recommends that this
stipend be $1200.00 annually.
The committee would like to continue to review the duties
and responsibilities of the Board of Zoning Appeals,
including conducting a survey on boards in other Virginia
municipalities to determine if the responsibilities should
be modified.
Amend Section 36.1-640 of the Code of the City of
Roanoke (1979), as amended, relating to the Architectural
Review Board to delete that portion which provides, "All
members shall have an interest, competency, or
knowledge of historic preservation. At least one of the
members appointed shall be selected from the
membership of the City Planning Commission, at least two
members shall be registered architects, and at least one
member shall be a person who has demonstrated
knowledge of and interest in the history of the City."
Council Members, in liaison capacities, serve as a conduit
between their respective committees and the Members of
Roanoke City Council; therefore, Council Members should
not be expected to attend all committee meetings.
Committee meetings should be scheduled at times that do
not conflict with regularly scheduled City Council
meetings in the event that the presence of the liaison
Council Member is needed.
All Council-appointed boards and commissions should file
written reports with Council within 60 days of the
conclusion of each fiscal year which shall summarize the
work of the committee for such fiscal year, including a
report of the attendance of its membership at regular and
special meetings of such body for the previous fiscal year.
Such reports should be filed with the City Clerk and
forwarded to the Members of Council for review. In
addition, each board and commission shall file copies of
the minutes with the City Clerk which will be kept on file in
the Clerk's Office for public inspection.
Whenever possible, only Roanoke City residents should
be appointed to City Council-appointed boards and
commissions.
The Cultural Services Committee and the Roanoke City
Arts Commission should be consolidated.
139
140
The fifth Monday in April, July, October and December,
2001 and future fifth Mondays from 12:15 p.m. - 5:00 p.m.
will be devoted to Council work sessions, at which time
the City Manager will schedule appropriate staff briefings;
however, the first 90 minutes of the work session will
include reports by Council Members in connection with
their respective liaison roles to the various boards and
commissions.
Members of Council are encouraged to attend at least one
meeting per year of the School Board, City Planning
Commission, Board of Zoning Appeals, Architectural
Review Board, Industrial Development Authority and the
Roanoke Redevelopment and Housing Authority. Minutes
of the meetings are filed in the City Clerk's Office and copy
will be provided by the Clerk to any member of Council
upon request.
Members of the Roanoke City School Board, City Planning
Commission and Roanoke Redevelopment and Housing
Authority should be advised that there is an option of
having their meetings televised on RVTV-Channel 3, and
additional funds will be appropriated by the City to the
RVTV budget to cover the expense, should they elect to
televise meetings.
Monthly meetings should be held by the Industrial
Development Authority and staffed by the City's Economic
Development Department.
City Council will meet with the Roanoke City School
Board, Roanoke Redevelopment and Housing Authority,
City Planning Commission, Board of Zoning Appeals,
Industrial Development Authority and Architectural Review
Board annually in a work session for the purpose of
planning/goal setting. (Dinner meetings could be
scheduled on the third Monday, with the understanding
that the Council meeting will convene at 2:00 p.m., rather
than 12:15 p.m.)
The City of Roanoke Transportation Safety Commission
should be represented by the following interests: a
member of Council, City Traffic Engineer, Valley Metro
General Manager, Transportation Manager of the Roanoke
City Schools, neighborhood representative,
ACTION:
141
greenway/bicycle representative, disabled representative,
judicial representative, police department representative,
railroad representative, and a youth representative. All
categories are currently represented, except a person
representing the disabled community, a judicial
representative and a youth representative. Currently,
there is one vacancy on the Transportation Safety
Commission and when filling future vacancies, Council is
encouraged to take into consideration the need to fill the
positions with persons representing those categories that
are not presently represented.
Meetings of the Greater Roanoke Transit Company Board
of Directors will be held on an as needed basis, rather
than monthly.
Mr. Carder moved that Council concur in the recommendations
of the committee and that the report be referred to the City Attorney for
preparation of the proper measure(s). The motion was seconded by
Ms. Wyatt and unanimously adopted.
The City Manager advised that four Members of Council will be
out of the City on the fifth Monday in April; whereupon, it was the
consensus of Council that the work session recommended by the
committee to be held on April 30, 2001, be eliminated from the
schedule.
Mr. Bob Caudle, 431 Belford Street, S. W., spoke in support of the
stipend for the Board of Zoning Appeals and the City Planning
Commission. He volunteered his service for any committee assignment
deemed appropriate by Council.
PURCHASE/SALE OF PROPERTY-AIRPORT-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to property rights acquisition for the Airport
Road Signalization Project.
A staff report advised that signalization for the two intersections
of Airport Road at Towne Square Boulevard and Airport Road at
Municipal Drive, N. W., have been on the City's list for future traffic
signalization for several years, however, these intersections were not
ranked high enough to be funded from the latest bond referendum;
Roanoke County, which adjoins Airport Road on the east side of the
road, offered to fund 50 per cent of the $350,000.00 estimated cost to
142
ACTION:
signalize the two intersections; Council authorized execution of an
agreement with Roanoke County on April 3, 2000, which agreed to the
City's share of project cost and funds in the amount of $175,000.00
representing the City's share are available in Airport Road Traffic
Signals Account No. 008-052-9577.
It was explained that the project consists of geometric
improvements and signalization of the two intersections of Airport
Road at 'rowne Square Boulevard and Airport Road at Municipal
Drive, N. W.; plans have been developed to identify property rights that
will be needed for construction of the project; authorization is needed
by Council to move forward with acquisition of the necessary property
rights; and estimated cost of acquisition of all property rights is
$120,000.00.
The Water Resources Committee recommended that Council
authorize the City Manager to acquire all necessary property rights,
which may be acquired, following a satisfactory environmental site
inspection by negotiation or eminent domain and include rights-of-way,
permanent drainage easements, and temporary construction
easements.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#35268-040201) AN ORDINANCE providing for the acquisition of
certain property rights needed by the City for the Airport Road
Signalization Project; setting a limit on the consideration to be offered
by the City; providing for the City's acquisition of such property rights
by condemnation, under certain circumstances; and dispensing with
the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 63.)
Ms. Wyatt moved the adoption of Ordinance No. 35268-040201.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ................................................................... O.
UNFINISHED BUSINESS: None.
ACTION:
143
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
BUDGET-CMERP: Ordinance No. 35242, appropriating
$177,111.00 from the Capital Maintenance and Equipment Replacement
Program to fund equipment purchases, maintenance and other one-
time priority purchases, having previously been before the Council for
its first reading on Monday, March 19, 2001, read and adopted on its
first reading and laid over, was again before the body, Mr. White
offering the following for its second reading and final adoption:
(#35242-040201) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 General Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. White moved the adoption of Ordinance No. 35242-040201.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, and Mayor Smith ................................................................ 6.
NAYS: Council MemberWyatt ............................................... 1.
ZONING: Ordinance No. 35253, rezoning a portion of those
certain parcels of real property located at 4425 and 4431 Northwood
Drive, N. W., Official Tax Nos. 6140610 and 6140609, and a portion of
that certain parcel of real property located at the intersection of Peters
Creek Road, N. W., and Woodbridge Avenue, Official Tax No. 6141403,
from RS-3, Residential Single Family District, to C-2, General
Commercial District, as more specifically identified in the First
Amended Petition filed in the Office of the City Clerk on February 12,
2001, and subject to certain proffers contained in the petition, having
previously been before the Council for its first reading on Monday,
March 19, 2001, read and adopted on its first reading and laid over, was
again before the body, Mr. Hudson offering the following for its second
reading and final adoption:
(#35253-040201) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63.)
144
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 35253-040201.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .......................................................................... 6.
NAYS: Council Member Bestpitch .......................................... 1.
ZONING: Ordinance No. 35254, rezoning a tract of land partially
fronting on a portion of Baldwin Avenue, N. E. (8 lots), and additional
property fronting on a portion of Edmund Avenue, N. E. (16 lots),
bearing Official Tax Nos. 3210616 - 3210620, inclusive, 3210712-
3210722, inclusive, and 3210701 - 3210708, inclusive, from LM, Light
Manufacturing District, to HM, Heavy Manufacturing District, as set forth
in the Second Amended Petition filed in the Office of the City Clerk on
March 8, 2001, having previously been before the Council for its first
reading on Monday, March 19, 2001, read and adopted on its first
reading and laid over, was again before the body, Mr. Hudson offering
the following for its second reading and final adoption:
(#35254-040201) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Hudson moved the adoption of Ordinance No. 35254-040201.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ........................................................ 7.
NAYS: None ........................................................................ 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYORAND MEMBERS
OF COUNCIL:
COUNCIL: Mr. Harris offered the following resolution changing
the time of commencement of the regular meeting of Council from
12:15 p.m., to 2:00 p.m., on Monday, April 16, 2001:
145
(#35269-040201) A RESOLUTION changing the time of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, April 16, 2001.
(For full text of Resolution, see Resolution Book No. 63.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 35269-040201.
The motion was seconded by Mr. Hudson and adopted bythe following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ........................................................................ 0.
COUNCIL: Mr. Harris offered the following Resolution changing
the time of commencement of the regular meeting of Council from
12:15 p.m., to 2:00 p.m., on Monday, May 21, 2001:
(#35270-040201) A RESOLUTION changing the time of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, May 21, 2001.
(For full text of Resolution, see Resolution Book No. 63.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 32570-040201.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ........................................................ 7.
NAYS: None ....................................................................... -0.
COUNCIL: Mr. Harris offered the following Resolution changing
the time of commencement of the regular meeting of Council from
12:15 p.m., to 2:00 p.m., on Monday, June 18, 2001:
(#35271-040201) A RESOLUTION changing the time of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, June 18, 2001.
(For full text of Resolution, see Resolution Book No. 63.)
146
ACTION:
ACTION:
Mr. Harris moved the adoption of Resolution No. 35271-040201.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ..................................................................... -0.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:15 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the City Council
Chamber, with all Members of the Council in attendance, Mayor Smith
presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Bestpitch moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson,
White, Wyatt, and Mayor Smith ....................................................... 7.
NAYS: None ....................................................................... -0.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that the term of office of William R. Dandridge as a
member of the Mill Mountain Advisory Committee expired on June 30,
2000, and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of William R.
Dandridge.
There being no further nominations, Mr. Dandridge was
reappointed as a member of the Mill Mountain Advisory Committee, for
a term ending June 30, 2001, by the following vote:
FOR MR. DANDRIDGE: Council Members Bestpitch, Carder,
Harris, Hudson, White, Wyatt, and Mayor Smith ................................ 7.
147
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The
Mayor advised that the terms of office of Alfred T. Dowe, Jr., Robert B.
Maneffa, and Richard A. Rife as members of the City Planning
Commission expired on December 31,2000, and called for nominations
to fill the vacancies.
Mr. White placed in nomination the names of Alfred T. Dowe, Jr.,
Robert B. Manetta, and Richard A. Rife.
There being no further nominations, Messrs. Dowe, Manetta, and
Rife were reappointed as members of the City Planning Commission for
terms ending December 31, 2004, by the following vote:
FOR MESSRS. DOWE, MANETTA, AND RIFE: Council Members
Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ..... 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy on the
Roanoke Neighborhood Partnership Steering Committee created by the
resignation of Viola N. Campbell for a term ending November 30, 2003,
and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Bob Caudle.
There being no further nominations, Mr. Caudle was appointed
as a member of the Roanoke Neighborhood Partnership Steering
Committee, for a term ending November 30, 2003, by the following vote:
FOR MR. CAUDLE: Council Members Bestpitch, Carder, Harris,
Hudson, White, Wyatt, and Mayor Smith .......................................... 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that there is a vacancy on the Advisory Board of Human
Development created by the resignation of Gina Wilburn for a term
ending November 30, 2004, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Gail Burruss.
There being no further nominations, Ms. Burruss was appointed
as a member of the Advisory Board of Human Development, for a term
ending November 30, 2004, by the following vote:
FOR MS. BURRUSS: Council Members Bestpitch, Carder, Harris,
Hudson, White, Wyatt, and Mayor Smith .......................................... 7.
148
There being no further business, the Mayor declared the meeting adjourned
APPROVED
at 4:50 p.m.
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
149
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
April 16, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
April 16, 2001, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Reqular Meetinqs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William H. Carder, C. Nelson Harris,
W. Alvin Hudson, Jr., William White, Sr. (arrived late), Linda F. Wyatt,
William D. Bestpitch and Mayor Ralph K. Smith ................................................... 7.
ABSENT: None ........................................................................................ -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Carl T. Tinsley,
Pastor, First Baptist Church of Buena Vista.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to three requests for Closed Meetings to
discuss a matter with regard to expansion of an existing business where no
previous announcement of the interest of the business in expanding its facilities in
the City has been made; to discuss a matter with regard to acquisition of real
property for public purposes; and to discuss personnel matters with regard to
vacancies on various authorities, boards, commissions and committees appointed
by Council.
150
MINUTES: Minutes of the regular meeting of Council held on Monday, April 2,
2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ......................................................................................................... -6.
NAYS: None ........................................................................................... -0.
(Council Member White was absent.)
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................. - .......................................................................... -6.
NAYS: None ........................................................................................... -0.
(Council Member White was absent.)
CITY MANAGER-COUNCIL: A communication from the 'City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to expansion of an existing business where no previous announcement of the
interest of the business in expanding its facilities in the City has been made,
pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
151
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to expansion of an
existing business where no previous announcement of the interest of the business
in expanding its facilities in the City has been made, pursuant to Section 2.1-344
(A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member White was absent.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in a Closed Meeting to discuss a matter
with regard to acquisition of real property for public purposes, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. 6.
NAYS: None ........................................................................................... -0.
(Council Member White was absent.)
HEALTH DEPARTMENT-LEASES-CITY PROPERTY: A communication from the
City Manager advising that Lease Agreements with the State Department of Health
for use of City properties located at 515 and 530 8th Street (Official Tax Nos. 1113111
and 1113210) known as the Health Center Building and the Health Center Annex have
been in place since 1968 and 1979, respectively; current leases will expire on
June 30, 2001; the lessee has requested a new lease to include both buildings,
containing approximately 20,000 square feet, at a rate of $38,950.00 per quarter, for
a total lease fee of $467,400.00, for a term of three years ending June 30, 2004, with
a three-month cancellation provision; and the lessee has declared its intent to utilize
the cancellation provision upon completion of the proposed new facility, was before
Council.
152
The City Manager recommended that she be authorized to advertise a public
hearing and, lacking any comments to the contrary, execute a new lease with the
State Department of Health for properties located at 515 and 530 Eighth Street, S. W.,
for a term of three years.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .......................................................................................................... -6.
NAYS: None ............................ - ....................................................... -0.
(Council Member White was absent.)
DIRECTOR OF FINANCE-DELINQUENT TAXES: A report of the Director of
Finance advising that as a part of the City's ongoing efforts to collect delinquent real
estate taxes, an advertisement was placed in The Roanoke Times on Monday, April
16, 2001, containing a list of those properties that remain unpaid from the list
approved for tax sale by Council on February 5, 2001, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the report be received and filed. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ........................................................................................................... -6.
NAYS: None ............................................ - ......................................... -0.
(Council Member White was absent.)
DIRECTOR OF FINANCE.BONDS/BOND ISSUES: A report of the Director of
Finance advising that the City recently reached the five year anniversary of the
issuance of its 1996 General Obligation Bonds; as a result, $266,571.00 was remitted
to the Internal Revenue Service last week, representing payment of arbitrage rebate
liability; under regulations issued by the IRS in 1993, the City is required to remit
excess earnings on investments related to the $31.1 million 1996 bond proceeds
over that amount which would have been earned if those investments were invested
at a rate equal the bond yield which is approximately 4.91 per cent, while the return
on investments experienced by the City was approximately 5.28 per cent over the
five year period ended February 1,2001; and City earnings during that time totaled
approximately $3,347,000.00, was before Council.
(For full text, see report on file in the City Clerk's Office.)
153
ACTION:
Mr. Harris moved that the report be received and filed. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith .............................................................................................................. 6.
NAYS: None ......................................................................................... -0.
(Council Member White was absent.)
COMMITTEES-SPECIAL EVENTS: A communication from Catherine Fox
tendering her resignation as a member of the Special Events Committee, effective
immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed and that
the resignation be accepted. The motion was seconded by Mr. Hudson and adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. -6.
NAYS: None ....................................................................................... 0.
(Council Member White was absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Matt
Kennell tendering his resignation as a member of the Roanoke Arts Commission,
effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Hudson and adopted by
the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................. -6.
NAYS: None .................................................................................... -0.
(Council Member White was absent.)
154
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING-
HOUSING/AUTHORITY-ROANOKE ARTS COMMISSION: The following reports of
qualification were before Council:
S. Wayne Campbell as a member of the City Planning
Commission for a term ending December 31, 2004;
Carolyn M. Bumbry, James W. Burks, Jr., and H. Victor
Gilchrist as Commissioners of the Roanoke
Redevelopment and Housing Authority for terms ending
August 31, 2004; and
Robert Humphreys as a member of the Roanoke Arts
Commission to fill the unexpired term of Ann D. Masters,
resigned, ending June 30, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ......
(Council Member White was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXICABS AND FOR-HIRE VEHICLES: C. R. Sisson, representing Liberty Cab
Company, spoke in support of the requirement for installation of safety shields in all
taxicabs operating in the City of Roanoke. He called attention to a recent incident
in which a taxicab driver was wounded and the situation might have been avoided
if a safety shield had been installed. He stated that taxicab drivers are many times
more likely to be injured, assaulted or murdered than persons in other types of
professions. He advised that the Occupational Safety and Health Administration and
the Secretary of Labor have proposed a ten point program that would eliminate the
epidemic of attacks on taxicab drivers and safety shields is at the top of the list. He
called attention to a 1995 study of the New York Taxicab and Limousine Service
Commission which compares taxicab drivers driving shielded versus those driving
unshielded vehicles, and the study revealed that a driver in an unshielded cab is 20
times more likely to be assaulted, injured or murdered than a driver in a shielded
155
vehicle, and the study resulted in a New York law requiring that all taxicabs be
equipped with safety shields. He noted that installation of safety shields in all
taxicabs in the Roanoke Valley will not only add to the safety of the drivers, but it will
help to attract the right kind of drivers. He advised that in the near future, he will
present a proposed ordinance for consideration bythe City requiring the installation
of safety shields in all taxicabs operating in the City of Roanoke.
Without objection by Council, the Mayor advised that the remarks of Mr.
Sisson would be received and filed.
PETITIONS AND COMMUNICATIONS:
CITY TREASURER-TAXES: David C. Anderson, City Treasurer, addressed
Council with regard to the City's personal property tax billing for the year 2001. He
advised that while it has been the procedure for many years to mail personal
property tax bills and offer decals for sale on April 15, because of the confusion
regarding the tax relief percentage this year, the City has not prepared its personal
property tax bills. He explained that the percentage reduction has been projected
to be 70 per cent in 2001; preliminary testing shows the City's gross personal
property billing of approximately $26 million, with tax relief representing
approximately $71.8 million included in the gross; should the City bill its citizens
based on the 70 per cent and should the 70 per cent change, total billing would be
incorrect; the Tax Relief Law of 1998 requires the citizen to pay his or her portion
before the Treasurer can request reimbursement from the Commonwealth of
Virginia; the City's computer program does not allow the tax relief percentage to be
changed once the billing has been prepared; total preparation of the City's billing
cycle takes approximately eight working days, even though State law requires only
14 days for a billing, and citizens should have at least 30 days to pay their personal
property tax and purchase new decals.
Mr. Anderson advised that given these conditions, it may be necessary to
extend the City's due date for personal property taxes and decals for the year 2001
only, and requested the option of addressing Council at a May City Council meeting
to establish a new due date for both personal property taxes and decals, if
necessary. He stated that both the City Manager and the Director of Finance concur
in his request.
Without objection by Council, the Mayor advised that the remarks of Mr.
Anderson would be received and filed.
BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Acommunication from
John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority,
transmitting the Resource Authority's Annual Budget for Fiscal Year 2001-02,
totaling $8,323,525.00 which represents an increase of four per cent over the current
2000/2001 budget, with tipping fee rates remaining the same for commercial users
and reduced for Charter Members, was before Council.
156
It was advised that pursuant to the Member Use Agreement, the Resource
Authority's 2001/2002 annual budget is submitted for approval by Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35272-041601) A RESOLUTION approving the annual budget of the Roanoke
Valley Resource Authority for Fiscal Year 2001-2002, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35272-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ..................................................................................................... -6.
NAYS: None 0.
(Council Member White was absent.)
At this point, Council Member White entered the meeting.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BUDGET: The City Manager presented the proposed fiscal year 2001-02 fiscal
year budget for the City of Roanoke which is the culmination of approximately four
and one half months of work by City staff. She presented a $191 million balanced
budget, representing a 3.9 per cent increase over fiscal year 2000-01, which budget
was balanced largelywith local revenue growth and re-engineering activities by City
departments, and growth in state revenues was approximately one-fourth of what
the City normally receives. She stated that initiatives proposed for funding include
enhancements to service delivery in a number of key priority areas for the City which
include public education, public safety, neighborhood and the environment. From
an immediate standpoint, if the proposed budget is approved, she advised that there
will be an initiative to take vehicles home by public safety officers residing in the
City, i.e. police officers; enhanced recycling; composting; a program to conserve
and protect the environment; additional staff resources committed to code
enforcement and neighborhood activities such as paving, street lights, curb and
157
gutter; more grants to neighborhoods through HUD and General Fund programs and
more HUD money to meet community needs. She stated that the budget also
stresses water conservation, and advised that the City's current policy tends to
reward those who use large amounts of water rather than those who conserve;
therefore, the proposed budget suggests that steps be taken to address the issue.
On a long term basis, she added that the proposed budget seeks to promote
aggressive marketing of the City of Roanoke by taking advantage of tourism for the
benefit of the community, an ambitious capital improvements program is proposed
and in excess of $2 million is being dedicated, either in cash or debt service, for a
preliminary capital program that was discussed by Council in March 2001, and there
are significant efforts to create capital improvement plans for the City's ageing
infrastructure.
The City Manager advised that Council will hold a formal public hearing on the
proposed budget on Monday, April 23, 2001, at 7:00 p.m., at the Roanoke Civic
Center Exhibit Hall, work sessions will follow on April 25 and 26, and adoption of the
budget is proposed for Monday, May 7 at the 2:00 p.m. (The meeting hour was later
changed to 3:15 p.m.) She stated that the budget now becomes the City Council's
budget for review and recommended adjustments as Council deems necessary. She
explained that following adoption of the budget on May 7, City staff will return to
Council during the month of June with the capital improvement program which is a
separate document. She asked that Council identify those issues that are of
particular concern as soon as possible so that City staff can address those items
during the budget study work sessions.
Without objection by Council, the Mayor advised that the proposed budget
would be referred to fiscal year 2001-02 budget study for consideration.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-WATER RESOURCES: The City Manager submitted a
communication advising that Council adopted the Carvins Cove Land Use Plan on
May 15, 2000; also adopted was an ordinance to amend the City Code permitting
certain types of recreational activities at the Carvins Cove Reservoir, including
hiking, bicycling, horseback riding, picnicking, fishing, boating, and use of gasoline
boat motors not to exceed ten horsepower; and additional revisions to the City Code
need to be adopted to be congruent with the May 15 ordinance, as follows:
Article I in general - The City's Water Department has been
renamed the City's Water Division.
Article II - Council previously approved changing the name of
Carvins Cove to Carvins Cove Natural Reserve as suggested in
the Carvins Cove Land Use Plan.
158
Section 35-16 - This section of the Code states that people can
visit the dam at Carvins Cove Natural Reserve via State Route
No. 815 for the purpose of obtaining general views of the dam.
Parking is prohibited by the Virginia Department of
Transportation on State Route 815 and no parking is available at
the end of State Route 815; therefore, the route needs to be
removed as a source for visiting the dam.
J
Sections 35-70 (a) and (b), 35-22, and 35-56 use the phrase one
hour after sunset to one hour before sunrise, which is confusing
when enforcing these sections of the Code during summer and
winter months of operation. To clarify City Code sections, the
specific dates and hours of operation should be defined.
Section 35-46 - Council previously approved only gasoline
motors, ten horsepower and under, to be used at Carvins Cove
Natural Reserve as recommended in the Carvins Cove Land Use
Plan.
Sections 35-47 and 35-50 - Boats have previously been allowed
to remain on the reservoir after hours; however, this cannot be
allowed because of City liability.
The City Manager recommended that Council approve policy changes as
above set forth through City Code amendments to ensure that all sections of the City
Code are congruent.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35273-041601) AN ORDINANCE amending and reordaining Sec. 35-1, Rules
and regulations for operation of water department, of Division I, Generally, of
Article I, In General; Sec. 35-14, Apl~lication of article; definition, Sec. 35-15,
Violations of article, Sec. 35-16, Designation and use of restricted area, Sec. 35-17,
Designation and general use of recreational area, Sec. 35-19, Commercial activities,
Sec. 35-20, Entering or remaining in watershed area prohibited during certain hours,
Sec. 35-22, Fishina, Sec. 35-23, Swimming prohibited, Sec. 35-24, Picnickina, Sec.
35-25, Fires generally, Sec. 35-26, Smokinq or li~htinq flame on I~ier, Sec. 35-27,
Littering, Sec. 35-28, Domestic animals not to run at larqe, and Sec. 35-30,
Possession or discharge of firearms, of Division 1, Generally, of Article II, Carvins
Cove Area; Sec. 35-42, Generally, Sec. 35-43, City not responsible for boats, Sec.
35-44, Boat permits and certificates, Sec. 35-46, Limitation on length of boat and size
of motor, Sec. 35-47, Metal boats to have adequate air chambers, Sec. 35-50,
Moorinq; dockage space, and Sec. 35-56, Operation of boat at night, of Division 2,
Boating, of Article II, Carvins Cove Area; adding a new section to be entitled Sec.
35-29, Hiking, bikin~l and horseback ridin;, of Division 1, Generally, of Article II,
159
Carvins Cove Area; and repealing Sec. 35-57, Special boating privileges, of
Division 2, Boating, of Article II, Carvins Cove Area, of Chapter 35, Water, of the Code
of the City of Roanoke (1979), as amended, to provide for the renaming of the
Carvins Cove area, to permit additional uses of the Carvins Cove area, to regulate
such uses to ensure the protection of the potable water supply for the general
public's health, safety and welfare; and dispensing with the second reading of the
title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35273-041601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... 0.
CITY CODE-DRUGS/SUBSTANCE ABUSE-CITY PROPERTY-FEE
COMPENDIUM-PARKS AND RECREATION: The City Manager submitted a
communication advising that special events have become an important asset to the
Roanoke community, many of which are held in Roanoke parks or plazas; for certain
events, attendance and patron enjoyment are increased when alcoholic beverages
are available; City Code §26-97, Possession or consumption of alcoholic beverages,
Article IV, Parks, Chapter 24, Public Buildings and Property, prohibits possessing
or drinking alcohol in any City park; and a proposed ordinance amending §26-97
would provide for possession or consumption of alcoholic beverages pursuant to
conditions of a City Manager issued Alcohol Permit for the following locations:
Elmwood Park, Mill Mountain Park, Century Square, First Union Plaza, and Mountain
View.
It was further advised that under the revised ordinance, only 501(c), nonprofit
organizations, would be allowed to apply for an Alcohol Permit; issuance of the
permit would be conditioned on the applicant also having received a permit or
license from the State ABC Board and, providing evidence of appropriate insurance;
and in addition, the amendment would create a $50.00 fee for the City's issuance of
the Alcohol Permit and a $500.00 damage/clean-up deposit.
It was explained that rationale for inclusion of each of the proposed locations
is as follows:
Elmwood Park is a key festival area for the City and alcohol is currently
served just outside the boundaries of the park during some festivals.
Enactment of the proposed amendment would allow festival organizers
to place the area where alcohol can be consumed closer to the
entertainment. (An example is Taste of the Blue Ridge Blues and Jazz
Festival.)
160
The Discovery Center, located in Mill Mountain Park, when opened, will
be available for rental and with its location in the City's signature park,
it is an ideal location for small-scale entertainment. Mill Mountain Park
is also a desirable location for festivals.
Century Square, First Union Plaza, and Mountain View are also great
locations for after-hours activities, business functions, and fund raising
events. Alcohol is currently permitted at these three locations because
in the past these properties were not considered to be parks by the
Department of Parks and Recreation.
The City Manager recommended that Council adopt an ordinance amending
and reordaining §24-97, Possession or consumption of alcoholic beverages, Article
IV, Parks, Chapter 24, Public Buildings and Property; and amend the Fee
Compendium to reflect the new fee of $50.00 for an Alcohol Permit and the
refundable damage/clean-up deposit of $500.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35274-041601) AN ORDINANCE amending and reordaining §26-97,
Possession or consumption of alcoholic beveraqes, of Article IV, Parks, of
Chapter 24, Public Buildings and Property Generally, of the Code of the City of
Roanoke (1979), as amended, by adding new subsections (a) and (b), to provide for
possession or consumption of alcoholic beverages in Elmwood Park, Century
Square at Church Avenue, S. E., across from Fire Station No. 1, Mill Mountain Park,
Mountain View and First Union Plaza at Market Street, S. E., adjacent to the Market
Square Walkway; amending the City's Fee Compendium to establish a fee in
connection with the City's issuance of an Alcohol Permit and a requirement of
posting a refundable deposit; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35274-041601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, White, Wyatt, Bestpitch, and Mayor Smith---5.
NAYS: Council Members Harris and Hudson ............................................ -2.
161
CITY CODE-BUILDINGS/BUILDING DEPARTMENT: The City Manager
submitted a communication advising that the Virginia Building Maintenance Code
was revised by the State in September, 2000; among certain changes was the
deletion of a Iocality's authority to demolish or board up buildings (except in
emergencies), unless the locality has adopted authority under other provisions of
the Code of Virginia; if the property owner does not do so, the City of Roanoke has
authority under Section 15.2-906 of the Code of Virginia to demolish, repair or board
up a structure that might endanger public health or safety; and the City may recover
its costs by billing the property owner and placing a lien against the property.
It was further advised that the Code of the City of Roanoke (1979), as
amended, needs to be modified to ensure that the City continues to have authority
to board up and demolish unsafe structures and to perform repairs on unsafe
deteriorating structures when the property owner does not do so.
The City Manager recommended that Council adopt an ordinance amending
Section 7-2, Code of the City of Roanoke (1979), as amended, to authorize removal,
repair or securing of unsafe structures, as authorized by Section 15.2-906, Code of
Virginia (1950), as amended.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35275-041601) AN ORDINANCE amending Section 7-2, Recovery of cost
when city removes, repairs, or secures unsafe building, of Chapter 7, Building
Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for
the recovery of costs when the city removes, repairs or secures buildings, walls, or
other structures which might endanger the public health or safety; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35275-041601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............................................................................................. -7.
NAYS: None .................................................................................... -0.
PARKS AND RECREATION-CAPITAL IMPROVEMENTS PROGRAM: The City
Manager submitted a communication advising that Council appropriated Capital
Improvement Projects (ClP) funds on August 21,2000, for replacement of outdated
playground equipment in various City parks, including $782,000.00 to Account No.
162
008-620-9735-9001; and five bids were received and evaluated by City staff, with
Cunningham Associates, Inc., submitting the Iow bid meeting required
specifications, at a total cost of $636,515.20 for upgrading 19 City parks.
The City Manager recommended that she be authorized to accept the bid of
Cunningham Associates, Inc., for playground equipment and surfacing for 19 City
parks, at a total cost of $636,515.20, and that all other bids received by the City be
rejected.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35276-041601) A RESOLUTION authorizing the acceptance of a bid and
execution of a contract with Cunningham Associates, Inc., for the provision of
playground equipment and surfacing for nineteen (19) City parks, upon certain terms
and conditions, and rejecting other bids received.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35276-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None-- 0.
PARKS AND RECREATION: The City Manager submitted a communication
advising that Parks and Grounds currently has the responsibility, with the use of City
employees, for cleaning City Parks restrooms; with the need for improved services,
improved safety factors and the ability to meet customer needs, the City has sought
responsible firms to provide bids to furnish this service; specifications were
developed and an invitation to bid was sent to nine providers; two bids were
received and evaluated and Clean Sweep of the Roanoke Valley, Inc., was the lowest
bidder meeting all specifications at a cost of $65,425.00 annually.
The City Manager recommended that she be authorized to enter into a
contract, in a form approved by the City Attorney, with Clean Sweep of the Roanoke
Valley, Inc., for cleaning of restrooms in City parks for one year, with the option by
both parties, in writing, to renew for four additional one-year periods, and that all
other bids received by the City be rejected.
(For full text, see communication on file in the City Clerk's Office.)
163
Council Members White and Wyatt raised questions and expressed concerns
regarding the need for background checks on persons engaged in providing the
service, the frequency of cleaning restrooms, and supervision of personnel;
whereupon, Mr. White moved that the matter be tabled pending additional
information from the City Manager. The motion was seconded by Mr. Hudson and
unanimously adopted. (See additional action on pages 46 - 47.)
CITY SHERIFF-EQUIPMENT: The City Manager submitted a communication
advising that the City Sheriff's Office and Jail has radio equipment that has served
its useful life and is no longer economically advisable to repair; original portable
radios were purchased in 1995 and the repeater in 1985, and this equipment is no
longer manufactured and repair parts are expensive and difficult to locate;
manufacturers of the equipment have advised that once their parts supply is
depleted, they will be unable to restock; and it is important that the system be
replaced because it provides the "man down" security feature for departmental
personnel while on duty.
It was further advised that bids were solicited for replacement of the radio
system; four bids were received and evaluated with Kane's Communication System,
Inc., submitting the Iow bid and meeting the required specifications.
The City Manager recommended that she be authorized to accept the bid of
Kane's Communication Systems, Inc., for portable radios and accessories, at a cost
of $165,701.11, and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35277-041601) A RESOLUTION accepting the bid of Kane's Communication
Systems, Inc., for the purchase of portable radios and accessories for the City
Sheriff's Office and Jail, upon certain terms and conditions; and rejecting all other
bids made for such items.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35277-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
164
COMMUNICATIONS DEPARTMENT-TELEPHONE EQUIPMENT: The City
Manager submitted a communication advising that the City currently has
approximately 2,500 Centrex telephone lines that include the Roanoke City School
System and the City administration; an Invitation for Bid for long distance network
was issued on January 26, 2001, since the current contract with OneStar Long
Distance, Inc., expired on January 21,2001, and the City is currently operating on a
month-to-month contract; two bids were received and evaluated, however, they did
not meet City specifications as set forth in the Invitation for Bid.
It was further advised that following the bid committee's evaluation, other
alternatives were investigated with regard to long distance networking; the
Commonwealth of Virginia has a new COVANET contract for voice and data network,
and the contract, as procured by the State, provides that local governments may
participate; the arrangement has no terms or volume requirements, only
necessitating a month-to-month agreement, which would be to the City's advantage
since the industry is in constant change and with the City's current telephone
system bid in process; prices through the State Contract are confirmed at a
guaranteed rate until June, 2001, at which time contract prices will decrease; and
funding is available in operating accounts to cover the cost of the service.
The City Manager recommended that Council reject all bids received by the
City for long distance network services and authorize the City Manager to sign all
necessary forms and agreements with the Department of Information Technology
(DIT), a.State agency, to use the COVANET service at rates not to exceed the current
rates plus five per cent.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35278-041601) A RESOLUTION rejecting all bids to provide long distance
network service.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35278-041601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. -7.
NAYS: None O.
Mr. Harris offered the following resolution:
165
(#35279-041601) A RESOLUTION authorizing the purchase of certain services
for long distance network service by utilizing the Commonwealth of Virginia's
contract with a certain vendor; and authorizing the proper City officials to execute
the requisite agreements for such service.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35279-041601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-CMERP-EQUlPMENT: The City Manager submitted a communication
advising that on October 2, 2000, Council concurred in funding recommendations
for the fiscal year 2000-2001 Capital Maintenance and Equipment Replacement
Program (CMERP); CMERP is used to fund equipment purchases, maintenance and
other one-time priority purchases; and approval by Council is required for
appropriation of funds from CMERP to various accounts to provide for acquisition
of the following:
Street Lighting - Peters Creek Road Lighting - $60,000.00
To provide for street lighting on a portion of Peters Creek extension
that was not included in the original project.
Municipal Building - Upgrade to Alarm System - $37,200.00
To provide for acquisition of an upgrade to the current fire alarm
system with 15 additional audible-visual devices and replacement of 26
audible devices with audible-visual devices.
The City Manager recommended that Council adopt an ordinance
appropriating $97,200.00 to departmental accounts, as follows:
$60,000.00 to an account in the Capital Projects Fund to be established
by the Director of Finance.
$37,200.00 to Signals & Alarms, Account No. 001-530-4160-3050.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
166
(#35280-041601) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35280-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................ -7.
NAYS: None ................................................................................ -0.
CITY ATTORNEY:
CITY CODE-COMMITTEES-SCHOOLS-WATER RESOURCES-TAXES: The City
Attorney submitted a written report as a follow up to Council's directive of April 2,
2001, with regard to recommendations made by a committee appointed by Council
to review and submit recommendations in connection with certain restructuring of
City Council appointed authorities, boards, commission, and committees.
The City Attorney further advised that in order to implement certain proposals,
three ordinances and a resolution were submitted, one of which would discontinue
the City Investment Committee and another the Water Resources Committee, the
third ordinance would change the procedure for electing Trustees to the Roanoke
City School Board to eliminate the requirement that a public reception be held for
School Board applicants, and a resolution would discontinue various other
committees and appointments made by Council, including the Economic
Development Commission and the Revenue Study Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35281-041601) AN ORDINANCE amending Chapter 2, Administration, Article
XlV, Authorities, Boards, Commissions and Committees Generally, Division II,
Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by
repealing §2-302, City Investment Committee; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35281-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
167
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... O.
Mr. Harris offered the following emergency ordinance:
(#35282-041601) AN ORDINANCE amending Chapter 2, Administration, Article
XlV, Authorities, Boards, Commissions and Committees Generally, Division II,
Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by
repealing Section 2-300, Water Resources Committee; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35282-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
Mr. Harris offered the following emergency ordinance:
(#35283-041601) AN ORDINANCE amending Article II, Procedure for Election
of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke
(1979), as amended, by repealing subsection (a) of §9-19, Preliminary screening of
candidates, to eliminate the requirement of holding a public reception for School
Board applicants, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35283-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
Mr. Harris offered the following resolution:
168
(#35284-041601) A RESOLUTION discontinuing certain Council-appointed
commissions and committees, and appointments by Council to certain committees.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35284-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ -7.
NAYS: None .................................................................................. -0.
REPORTS OF COMMITTEES:
BUDGET-BRIDGES: Council Member W. Alvin Hudson, Jr., Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in connection
with bids received by the City for a project consisting of various repairs to four City
bridges: Franklin Road over Roanoke River, 13th Street over Tinker Creek, Mason
Mill Road over Tinker Creek, and Read Road over the Norfolk Southern Railway.
The Bid Committee recommended that Council accept the bid of Lanford
Brothers Co., Inc., in the amount of $151,526.24 and 60 consecutive calendar days
of contract time; that the Director of Finance be authorized to transfer $150,000.00
from Transfer to Capital, Account No. 001-250-9310-9508, to existing Bridge
Maintenance, Account No. 008-052-9549-9003.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35295-041601) AN ORDINANCE to amend and reordain certain sections of
the 2000.2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35295-041601. The motion
was seconded by Mr. Harris and adopted by the following vote:
169
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
Mr. Harris offered the following resolution:
(#35285-041601) A RESOLUTION authorizing the acceptance of a bid and
execution of a contract with Lanford Brothers Co., Inc., for making various repairs
to four bridges within the City, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35285-041601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
PARKS AND RECREATION: Council Member W. Alvin Hudson, Jr.,
Chairperson, Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for ballfield improvements at Wasena
Park - Field 2 and Fallon Park.
It was advised that Council appropriated $493,253.00 of ClP funds on
August 21,2000, for renovations to City park softball/baseball fields, and Phase I of
the program involves two fields: Wasena Park - Field 2 and Fallon Park; an invitation
to bid was publicly advertised and three bids were received with Breakell, Inc.,
submitting the lowest responsive bid in the amount of $135,187.00 ($129,859.00 for
the Base Bid and $5,328.00 for Additive Bid Item No. 2 -to provide an eight foot wide
warning strip at the base of the outfield fencing for both fields) and a construction
time of 50 consecutive calendar days to complete the project.
The Bid Committee recommended that Council accept the bid of Breakell, Inc.,
in the amount of $135,187.00 and 50 consecutive calendar days of contract time; and
reject all other bids received by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
170
(#35286-041601) A RESOLUTION authorizing the acceptance of a bid and
execution of a contract with Breakell, Inc., for ballfield improvements at Wasena
Park - Field 2 and Fallon Park, upon certain terms and conditions, and rejecting
other bids received.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35286-041601. The motion
was seconded by Mr. Harris and adopted by the following vote.:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY MANAGER-CITY EMPLOYEES: Mr. Harris offered the following
resolution confirming the appointment of Rolanda A. Johson as Assistant City
Manager, effective May 1, 2001:
(#35287-041601) A RESOLUTION confirming the City Manager's appointment
of Rolanda A. Johnson as Assistant City Manager.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35287-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. 7.
NAYS: None 0.
CITY COUNCIL-YOUTH: Mr. Harris offered the following resolution changing
the time and place of commencement of the regular meeting of City Council
scheduled to be held at 12:15 p.m., on Monday, May 7, 2001 to 12:00 Noon, in the
Grand Ballroom, Clarion Airport Roanoke, 2727 Ferndale Drive, N. W., with the 2:00
p.m. session on the same date to be held in the City Council Chamber of the Noel C.
Taylor Municipal Building of the Municipal Building, 215 Church Avenue, S. W.:
171
(#35288-041601) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be held at
12:15 p.m., on Monday, May 7, 2001.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35288-041601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
BUDGET-PARKS AND PLAYGROUNDS-CMERP: Council Member Bestpitch
called attention to a request to be submitted by Mill Mountain Zoo, Inc., for Capital
Maintenance and Equipment Replacement Program funds for Mill Mountain Zoo
upgrades, and asked that the matter be included in discussions regarding CMERP
funding to be held later in the year.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-WATER RESOURCES: Mr. George Trent, 3622 Troutland
Avenue, N. E., expressed concern that his water service was disconnected by the
City because of non-payment when he was only one cycle behind in submitting
payment. He also expressed concern that such a vital necessity of life can be so
easily taken away from a citizen when water should be free.
At 2:55 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 5:45 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, except Mr. White, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
172
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ -6.
NAYS: None ....................................................................................... -0.
(Council Member White left the meeting during the closed session.)
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised
that the term of office of E. Duane Howard, Elaina Loritts-Duckett, Nancy Canova,
and Brenda Powell as members of the Fair Housing Board expired on March 31,
2001, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the name of Frank Feather.
Mr. Bestpitch placed in nomination the names of Bryan Grimes Creasy, Nancy
Canova, and Brenda Powell.
There being no further nominations, Frank Feather and Bryan Grimes Creasy
were appointed and Nancy Canova and Brenda Powell were reappointed as
members of the Fair Housing Board for terms ending March 30, 2004, by the
following vote:
FOR MR. FEATHER, MR. CREASY, MS. CANOVA, AND MS. POWELL: Council
Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ..................... 6.
(Council Member White was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the term of office of Mark Petersen as a
member of the Roanoke Neighborhood Partnership Steering Committee will expire
on November 30, 2001, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of James P. Armstrong.
There being no further nominations, James P. Armstrong was appointed as
a member of the Roanoke Neighborhood Partnership Steering Committee to fill the
unexpired term of Mark Petersen, resigned, ending November 30, 2001, by the
following vote:
FOR MR. ARMSTRONG: Council Members Carder, Harris, Hudson, Wyatt,
Bestpitch, and Mayor Smith ............................................................................. -6.
(Council Member White was absent.)
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OATHS OF OFFICE-COMMITTEES-CITY COUNCIL-SPECIAL EVENTS: The
Mayor called attention to a request of the Special Events Committee that Council
appoint a liaison member to the committee; whereupon, it was the consensus of
Council that Vice-Mayor William H. Carder will serve in that capacity.
At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m.
On Monday, April 16, 2001, at 7:00 p.m., the Roanoke City Council reconvened
in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin
Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith .......... 6.
ABSENT: Council MemberWilliam White, Sr.- ............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member C.
Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Boy Scouts of America Troop #17, St. John's Episcopal Church.
PUBLIC HEARINGS:
SCHOOLS: Council having previously authorized the City Clerk to advertise
a public hearing for Monday, April 16, 2001, at 7:00 p.m., or as soon thereafter as the
matter may be heard, to receive the views of citizens regarding appointment of two
Trustees to the Roanoke City School Board for three year terms of office
commencing July 1,2001, and ending June 30,2004, the matter was before the body.
Candidates for the two positions are: Gary M. Bowman, Melvin W. Garrett,
Melinda J. Payne, William E. Skeen, and Ruth C. Willson.
Advertisement of the public hearing was published in The Roanoke Times on
Friday, April 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. and Mrs. Alvin Martin, 3325 Oakland Boulevard, N. W., Co-Presidents,
William Fleming High School PTSA, endorsed the candidacy of Ruth Willson for
reappointment to the School Board for the following reasons: she has worked hard
174
to promote improvements in school facilities, including the major high school
projects; she takes pride in Roanoke's school system; her involvement and
experience as past President of Roanoke Central Council PTA; she is sensitive to
the needs of students and teachers; she believes that the education of all students
must be a top City-wide priority; and she attends school activities, and has been an
active participant in school-related events for the past 20 years.
Ms. Jamie Payne, 301 Rutherford Avenue, N. W., endorsed the reappointment
of her mother, Melinda Payne, to the School Board for the following reasons: she is
a dedicated School Board member who cares about all students in the Roanoke City
Public Schools and she supports teachers and all other school personnel.
Mr. Robert Turcotte, 1890 Arlington Road, S. W., endorsed the reappointment
of Ruth Willson for the following reasons: she is the right person at the right time
and in the right place doing the right thing; she makes worthwhile contributions to
all committees on which she serves, with ability and good sense; and she will
continue to bring credit to Roanoke's school system.
Lisa Ison, President, New Century Venture Center, endorsed the candidacy of
William Skeen to the School Board for the following reasons: he serves as a charter
member of the New Century Venture Center Board of Directors and has been
instrumental in its operation and success over the past five years; he is a member
of the Finance Committee and his financial background and experience with Total
Action Against Poverty make him a great asset to the committee; he is a visionary
who sees the overall picture, but is also able to break the big picture down into
workable scenarios and solutions; he is thorough and well organized, both
personally and professionally; he serves on various boards and task forces and has
a strong commitment to quality of life issues; and he has two children in the
Roanoke City School System.
Tim Goad, President, Roanoke Education Association, endorsed the
candidacy of Melinda Payne and William Skeen for the following reasons: Ms.
Payne's experience on the School Board speaks for itself as one of forthright
honesty and consistency, with high expectations of everyone in Roanoke's
educational family; she takes a well reasoned, no nonsense approach to policy
making and education and expects the same at every level of the school system; she
is concerned for all of Roanoke's children and has a panoramic vision of success
for all students and educators of Roanoke and is able to pinpoint that vision when
needed; and she is a well experienced School Board Trustee. Mr. Goad advised that
Mr. Skeen has a thorough understanding of the challenges that students face in
today's world and his interest is in the success of all students in the Roanoke City
Public Schools; in his experiences at Total Action Against Poverty, he has shared
the concerns of Roanoke's children and families and holds the community, City
Council, the School Board, School administration, educators and parents
accountable for student success; he is of the opinion that the ultimate beneficiary
175
of a good education is the student and his or her success and future depends on
hard work and diligent efforts toward their studies; he has a good grasp on the
issues faced by students and educators; and his eagerness to collaborate creatively
to find solutions and his insistence on open lines of communication demonstrate
that he is a well prepared candidate for School Board Trustee.
Mr. Juan Motley, 2837 Cove Road N. W., endorsed the candidacy of Melinda
Payne for the following reasons: he has worked with Ms. Payne on various issues
and she focuses on what is best for all children; she is knowledgeable about the
needs of school employees; she is a role model, but most importantly, she is not a
rubber stamp for the Superintendent of Schools; and she is respected by and
respectful of school employees.
Ms. Rose Motley, 2835 Cove Road, N. W., endorsed the candidacy of Melinda
Payne and William Skeen for the following reasons: Ms. Payne has changed the
format of School Board meetings so that they are more on task and proceed with
greater efficiency; and she is careful to insure that all points of view are heard. She
advised that the experience of Mr. Skeen at Total Action Against Poverty and on
various boards would bring an individual from a different background to the School
Board who is not totally enmeshed in the school system; and he would represent
fresh, new talent on the School Board.
Ms. Nancy Patterson, 2723 Stephenson Avenue, S. W., endorsed the candidacy
of Ruth Willson for reappointment to the School Board for the following reasons: her
combination of the right talents and traits; her visibility and accessibility in and to
the schools; her ability to listen, her thoroughness and caring for all students and
their needs, her integrity, and her willingness to sacrifice countless hours to the
task, all of which are characteristics that have served Roanoke well for the past
three years.
Mr. Matt Despard, 1934 Avon Road, S. W., spoke in support of the candidacy
of William Skeen for the following reasons: he has an impressive record of
community service; he has a strong business background, specifically in finance;
he understands the important connection between education and economic
development; he has solid, common sense ideas about how to make the school
system even stronger; he has a well balanced perspective on the role of the
Standards of Learning testing; he has a strong commitment to recruiting, hiring and
retaining good teachers; he has good ideas on how to help youth who are struggling
and may be at risk; and he is a good listener, who is fair, honest and works well with
others.
Ms. Annette Lewis, 4606 Casper Drive, N. E., endorsed the candidacy of
William Skeen for the following reasons: he is an active participant in all
organizations on which he serves; he is committed to all tasks that he undertakes;
he has a sincere interest in the school system; he believes that parents should be
176
partners with the school system and provide a valuable lesson at home fostering a
strong work ethic, a feeling of self-worth, sound study habits, shared
responsibilities, respect for authority, encouragement to do their best at all times
and the knowledge to know when to relax and have fun at the appropriate time; he
is concerned about the plight of Roanoke's youth and the accessibility of quality
education; he is concerned for those who are turned off by the school system and
is willing to work with the Superintendent of Schools and School Board members
to identify resources that will attract and retain good teachers and sound programs
that will stimulate students and personnel to stay in the school system; he is open
minded, but believes that life skills programs are needed that address both self-
esteem and constructive conflict resolution to improve school safety and prevent
violence; and he is committed to recruiting, hiring and retaining the best teachers
as the most pressing need in Roanoke's school system.
Ms. Brenda McDaniel, 2037 Carter Road, S. W., endorsed the candidacy of
William Skeen for the following reasons: he is a civic volunteer who gives his all to
any task that is assigned to him; he is an idea man and a worker bee which are
valuable assets to any active board; he is an active, interested, engaged and
effective participant; he has made important contributions to many Roanoke
organizations, including Total Action Against Poverty, West End Center, United Way,
Roanoke Neighborhood Partnership and many others; he is dependable, reliable and
effective; he takes an active role in the education of his three children; and he is an
asset to any organization on which he serves.
Mr. A. L. Holland, 3425 Kershaw Road, N. W., endorsed the candidacy of
William Skeen for the following reasons: he is punctual, honest, a graduate of the
University of Virginia, he has served on the Virginia Western Community College
Board of Directors; he has three children who came through the City School system;
he serves on the Total Action Against Poverty Board of Directors and is currently
working at TAP to help clients find a better way of life.
Ms. Pamela Corcoran, 2250 Sewell Lane, S. W., endorsed the candidacy of
Ruth Willson and William Skeen for the following reasons: Mr. Skeen says and
shows his commitment to personal, business and community empowerment in the
vision, pragmatism, knowledge and commitment that he brings to Roanoke; and he
has the unique characteristic of viewing problems as opportunities and
demonstrates excellence in all endeavors. She advised that Ms. Willson is active in
school-related activities and represents students, classified personnel and faculty;
she demonstrates a personal commitment to insuring consistent application of the
discipline and behavior guidelines for the City, and Ms. Willson personally assisted
her family in connection with an assault that was made on her son at James Madison
Middle School; and she has a personal commitment to insure that all needs are
recognized and that all voices are heard which makes her an excellent incumbent
for reappointment.
177
Mr. Thomas Chapman, 2115 Rutrough Road, S. E., endorsed the
reappointment of Ruth Willson for the following reasons: her concern for all
students and the application of those programs that are geared toward gifted
students to all children; the value of incumbency which goes beyond her three years
of experience on the School Board in her capacity as a full-time volunteer in the
schools for many years; her desire to seek input from parents and others on how the
schools are performing; she thinks "out of the box" and asks questions; she is
committed to the most efficient use of school facilities and school resources to
serve all residents of the City and not just the children; she is committed to helping
all children who graduate from the Roanoke City Public Schools to become
responsible citizens; and her commitment to attract new businesses to the City by
providing good labor resources in the Roanoke Valley.
Mr. Carl Cooper, 2120 Carroll Avenue, N. W., endorsed the candidacy of
Melinda Payne for the following reasons: she has demonstrated a commitment and
a zeal to youth in a number of ways by dealing with families and children from all
walks of life; and her attitude toward children makes her a worthwhile candidate for
reappointment to the School Board.
There being no further speakers, the Mayor declared the public hearing
closed, and advised that all remarks would be received and filed.
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 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a proposed amendment to Chapter 36.1, Zoning, Code of the City of
Roanoke (1979), as amended, to add a new subsection (9) to Section 36.1-250,
Special exception uses, and new subsections (10) and (11), of Division 4, Industrial
Districts, of Article III, District Regulations, to permit certain automobile rental
establishments and limousine service and taxicab establishments as special
exception uses in the LM, Light Manufacturing District, and automobile rental,
limousine service, taxicab and general service establishments as permitted uses in
the HM, Heavy Manufacturing District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, March 30, 2001, and Friday, April 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that on November 7, 2000,
Edward A. Natt, representing a client at 701 Irvine Street, requested that the Zoning
Ordinance be amended to provide for the provision of business and personal
services in the Light Manufacturing District as a permitted use; similar language was
also requested to be included in the HM, Heavy Manufacturing District; and the
request involves a private limousine service that desires to legally operate in an
existing building in an industrial area of the Norwich neighborhood, was before
Council.
178
The City Planning Commission
proposed amendments to the LM,
Manufacturing Districts.
recommended that Council approve the
Light Manufacturing, and HM, Heavy
(For full text, see report on file in the City Clerk's Office.)
Evelyn S. Lander, Agent, City Planning Commission, appeared before Council
in support of the request.
Mr. Hudson offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35289-041601) AN ORDINANCE amending and reordaining §36.1-250, Special
exception uses, by adding new subsection (9); and §36.1-270, Permitted uses, by
adding new subsections (10) and (11), of Division 4, Industrial Districts, of Article III,
District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, to permit certain automobile rental establishments and
limousine service and taxicab establishments as special exception uses in the LM,
Light Manufacturing District, and automobile rental, limousine service, taxicab and
general service establishments as permitted uses in the HM, Heavy Manufacturing
District; and dispensing with the second reading of the title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35289-041601. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35289-041601
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............................................................................................. -6.
NAYS: None. O.
(Council Member White was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the Roanoke Valley SPCA and Sandra L. Overstreet that a
certain undeveloped portion of Edmund Avenue, N. E., lying adjacent to Official Tax
Nos. 3210616-3210620, inclusive, and the undeveloped portion of an alley lying
adjacent to Official Tax Nos. 3210701-3210708, inclusive, being parallel to and
between Edmund Avenue and Baldwin Avenue, be permanently vacated,
discontinued and closed, the matter was before the body.
179
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 30, 2001, and Friday, April 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the SPCA has a
contract to purchase certain properties adjacent to its existing animal shelter for the
purpose of constructing a new regional animal shelter and impoundment facility,
was before Council.
close
alley,
The Planning Commission recommended that Council approve the request to
and vacate subject portions of undeveloped Edmund Avenue, N. E., and the
subject to the following conditions:
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke, said plat
shall combine all properties which would otherwise be landlocked by
the requested closure, or otherwise dispose of the land within the right-
of-way to be vacated in a manner consistent with law, and retain
appropriate easements for the installation and maintenance of any and
all existing utilities that may be located within the right-of-way,
including the right of ingress and egress, said plat shall also dedicate
an easement for a 20 foot wide pedestrian and bicycle trail within the
vacated portions of Edmund Avenue from 13th Street, S. W. to its
eastern terminus.
Upon meeting all other conditions for granting the application, the
applicant shall record a certified copy of the enabling ordinance with
the Clerk of the Circuit Court of the City of Roanoke, Virginia, and index
the same in the name of the City of Roanoke, Virginia, as Grantor, and
in the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees; and the applicant shall pay
such fees and charges as are required by the Clerk for recording the
documents.
Upon recording a certified copy of the enabling ordinance with the
Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant
shall file the Clerk's receipt with the Engineer for the City of Roanoke,
Virginia, demonstrating that such recording has occurred.
If the above conditions have not been met within a period of one year
from the date of adoption of the enabling ordinance, said ordinance
shall be null and void with no further action by City Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
180
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35290-041601) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35290-041601. The motion
was seconded by Mr. Hudson.
W. Eric Branscom, Attorney, appeared before Council in support of the
request of his clients.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35290-041601
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 6.
NAYS: None 0.
(Council Member White was absent.)
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 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the Commonwealth Development Group of Roanoke, LLC, that five
contiguous tracts of land at or near the southeastern side of Highland Farm Road
and the southeasterly terminus of Tuckawana Circle, be rezoned from RM-2,
Residential Multi-Family District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, March 30, 2001, and Friday, April 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the petitioner intends
to re-subdivide the five parcels of land to create three new parcels for light
manufacturing use; two of the new parcels would front onto Highland Farm Road,
immediately across from the existing multifamily apartment complex; the petitioner
intends to develop the northernmost parcel, located at the corner of Highland Farm
Road and Tuckawana Circle, with an 18,000 square-foot distribution warehouse for
181
Virginia Trane heating and air-conditioning products, with the distribution center to
be partially screened from Interstate 581 by the existing Virginia Trane office
building, was before Council.
The Planning Commission recommended that Council approve the request,
subject to certain conditions proffered by the petitioner.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35291-041601) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 647, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35291-041601. The motion
was seconded by Mr. Hudson.
Donald L. Wetherington, Attorney, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No.
35291-041601was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............................................................................................. -6.
NAYS: None .................................................................................... -0.
(Council Member White was absent.)
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, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke that a portion of Albemarle Avenue,
S. E., extending in a westerly direction from Williamson Road, 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, March 30, 2001, and Friday, April 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
182
A report of the City Planning Commission advising that the property abutting
upon the easterly side of this section of Albemarle Avenue is owned by Walters,
LLC; the owner is currently renovating the existing building on the property to
establish a new biomedical related business enterprise; and the new enterprise,
Excel Prosthetics and Orthotics Center, will design, manufacture and fit artificial
limbs for the handicapped, was before Council.
It was further advised that the functional operation of the new center will
include and require the construction of a lengthy concrete handicap access ramp
that will extend from the easterly side of the existing building, along and parallel to
the front property line for a distance of 62 feet; attached to the street side of the
ramp will be a series of nine spaced, steel I-beams partially encased in concrete
columns which will be approximately 13 feet in height and extend from the easterly
side of the existing building for a distance of approximately 92 feet; the completed
structure will extend over and into the existing right-of-way of Albemarle Avenue for
a distance of approximately 29 feet; six of the nine columned beams have already
been constructed at the site; and the City's purpose in closing and vacating this
section of Albemarle Avenue is to provide the owners of the new center with
additional land sufficient to facilitate the location and construction of the handicap
ramp in exchange for a certain parcel of land that is situated adjacent to the
Williamson Road, S. E., right-of-way needed by the City as a link to the Mill Mountain
Greenway System.
The Planning Commission recommended that Council approve the request
and authorize execution of any and all documents necessary to effect the transfer
of the subject properties, subject to the following conditions:
The City Manager shall execute and the City Clerk shall attest any and
all plats, deeds, or documents approved as to form by the City Attorney,
which are necessary to transfer whatever right of ownership the City
has in the subject right-of-way to adjacent property owners and to
accept the property referenced in the petition.
The owner, Walters, LLC., shall apply for and obtain, a variance from
the requirements of Section 36.1-593 (a) of the Zoning Ordinance, from
the Board of Zoning Appeals prior to any further construction or
extension of the concrete ramp and prior to the recordation of the
subdivision plat.
Closure and vacation of the described portion of Albemarle Avenue S.
E., shall be subject to the conveyance by Walters, LLC, to the City of
Roanoke, of that parcel of land shown on a survey plat and described
as "Private property to be dedicated for public street purposes."
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals thereof, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Said plat shall combine all properties which would otherwise
183
be landlocked by the requested closure, or otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of the enabling ordinance for
recordation to the Clerk of the Circuit Court of the City of Roanoke,
Virginia, indexing the same in the name of the City of Roanoke, Virginia,
as Grantor, and in the name of the Petitioner, and the names of any
other parties in interest who may so request, as Grantees. The
applicant shall pay such fees and charges as are required by the Clerk
to effect such recordation.
Upon recording a certified copy of the enabling ordinance with the
Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant
shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's
receipt, demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one year
from the date of adoption of the enabling ordinance, said ordinance
shall be null and void with no further action by City Council being
necessary.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35292-041601) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35292-041601. The motion
was seconded by Mr. Hudson.
The City Manager appeared before Council in support of the request.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35292-041601
was adopted by the following vote:
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AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................ -6.
NAYS: None
(Council Member White was absent.)
BONDS/BOND ISSUES-HOUSING/AUTHORITY-RIVERSIDE CENTRE: Pursuant
to action of the Council; the City Clerk having advertised a public hearing for
Monday, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a proposed resolution authorizing the City to contract a debt and to issue
general obligation public improvement bonds of the City (and in anticipation of
issuance thereof general obligation public improvement bond anticipation notes of
the City), in the principal amount of $12,000.000.00, the proceeds of which are to be
granted by the City to the Roanoke Redevelopment and Housing Authority for the
purpose of assisting the Authority in paying a portion of the costs of a
redevelopment project in the City, known as the South Jefferson Redevelopment
Project, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, April 2, 2001, and Monday, April 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager and the Director of Finance submitted a joint report advising
that on February 5, 2001, the Roanoke Redevelopment and Housing Authority
prepared and presented to Council a plan for improvement and revitalization of the
South Jefferson Redevelopment Area (Redevelopment Plan); Council approved the
Redevelopment Plan on March 19, 2001, the primary purpose of which is to provide
for private reinvestment and economic growth through redevelopment by private
enterprise; the Redevelopment Plan includes the goals of eliminating blight,
improving business activity, and creating additional economic value for the City of
Roanoke; and the Redevelopment Plan also addresses the needs of providing a
versatile mix of complimentary land uses and making the best use of the area's
location.
It was further advised that on March 19, 2001, City officials authorized
execution of a Performance Agreement among the City of Roanoke, Carilion Health
System (CHS), and Carilion Biomedical Institute (CBI); CHS and CBI desire to be the
first major occupants within the Redevelopment Plan Area in order to develop a
biomedical institute for research and development; the City desires to encourage
such development in order to develop a research and technology park in the area;
Council adopted Ordinance No. 35250-031901 on March 19, 2001, authorizing City
officials to execute an agreement, South Jefferson Agreement 2, between the City
of Roanoke and the Housing Authority; South Jefferson Agreement 2 allows the
185
Housing Authority to implement the Redevelopment Plan presented on February 5,
2001, whereby, the City expresses its intent to provide funds of $14 million for the
South Jefferson Agreement 2 and of that amount, $12 million is proposed to be
provided through the issuance of general obligation bonds of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35293-041601) A RESOLUTION authorizing the issuance of twelve million
dollars ($12,000,000) principal amount of General Obligations of the City of Roanoke,
Virginia, in the form of General Obligation Public Improvement Bonds of such city,
the proceeds of which are to be granted by such city to the Roanoke Redevelopment
and Housing Authority for the purpose of assisting such authority in paying a
portion of the costs of a redevelopment project in the city, known as the South
Jefferson Redevelopment Project; fixing the form, denomination and certain other
details of such bonds; providing for the sale of such bonds; authorizing the
preparation of a preliminary official statement and an official statement relating to
such bonds and the distribution thereof and the execution of a certificate relating to
such official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing for the
issuance and sale of a like principal amount of General Obligation Public
Improvement Bond anticipation notes in anticipation of the issuance and sale of
such bonds; 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. 64.)
Mr. Harris moved the adoption of Resolution No. 35293-041601. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Resolution No. 35293-041601
was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............................................................................................. -6.
NAYS: None ..................................................................................... -0.
(Council Member White was absent.)
OTHER HEARING OF CITIZENS:
186
PARKS AND RECREATION: Mr. E. Duane Howard, 508-B Walnut Avenue,
S. W., requested that Council consider closing Wiley Drive on weekends to vehicular
traffic, and presented a petition in support of the request representing over 350
signatures.
(For full text, see petition on file in the City Clerk's Office.)
Ms. Diane Elliott, 2609 Richelieu Avenue, S. W., spoke in support of keeping
Wiley Drive closed to vehicular traffic at all times; however, she expressed support
of the proposal of Mr. Howard to close the area to vehicular traffic on weekends.
She added that there are very few places in the City that are not impacted by
vehicular traffic and Smith Park could serve as the replacement for South Roanoke
Park which was taken over as the Roanoke Sports Complex.
Mr. Matthew Yearout, 833 Marshall Avenue, S. W., spoke in support of Mr.
Howard's proposal because Smith Park is an excellent place to relax and exercise,
where people are not in competition with vehicles. He stated that speed bumps will
encourage recklessness if the road is closed to one-way traffic because Wiley Drive
will serve as a short cut.
Ms. Bonnie Pivocex, 833 Marshall Avenue, S. W., endorsed the closing of
Wiley Drive to vehicular traffic, and stated that it is rare to have a park facility free
of vehicular traffic within the limits of a City and she would like for Smith Park to
remain vehicle-free.
Mr. Brent Riley, 5280 Wade Road, spoke to the uniqueness of Smith Park
without vehicular traffic. He stated that the flow of energy that takes place is a
valuable and unique asset for the City; and Wasena Park is in close proximity and
will serve the needs of vehicular traffic. He supported weekend closure of Smith
Park.
Mr. Preston Hoffman, 402 Washington Avenue, S. W., spoke in support of
keeping Smith Park closed to vehicular traffic on weekends.
Mr. Andrew Null, 371 Albemarle Avenue, S. E., advised that Smith Park is a
good place for children to ride bicycles, roller skate, etc., in a vehicle-free
environment. He stated that since there has been no vehicular traffic, littering has
not been an issue and he would prefer that Wiley Drive remain closed.
Mr. Matthew Togo, 371 Albemarle Avenue, S. E., and Mr. Andrew Phillips, 601
Highland Avenue, S. E., spoke in support of keeping Smith Park closed to vehicular
traffic for exercise, biking, walking, roller blading, etc.
187
Mr. and Mrs. Bruce Knappe, 2220 Westover Avenue, S. W., spoke in support
of keeping Smith Park closed to vehicular traffic. Mrs. Knappe stated that Smith
Park down to Piedmont Park is a good greenway area, however, the river is polluted
with trash. She stated that if Wiley Drive cannot be closed on a permanent basis,
she would support weekend closure.
Ms. Sarah Farrell, 2501 Crystal Spring Avenue, S. W., requested that Smith
Park continue to be vehicle-free because it is a quality of life issue for bicycling and
walking. She stated that Roanoke needs to provide its citizens with recreational
areas that are free of the safety concerns that are associated with vehicles and allow
cars in Smith Park will ruin the experience of bicycling for pedestrians and create
a dangerous traffic situation. During the past three years that Wiley Drive has been
closed to vehicular traffic, she called attention to the lack of pollution and the quiet
atmosphere that has prevailed.
Ms. Anna Smith, 2501 Crystal Spring Avenue, S. W., spoke in support of
keeping Smith Park free of vehicles for the safety of children who like to play in the
park.
Mr. Mark Fuller, 1936 Grandin Road, S. W., advised that it is an enjoyable
experience to ride his bicycle in an area where there is no vehicular traffic.
BONDS/BOND ISSUES-COMPLAINTS-HOUSING/AUTHORITY-CITY
EMPLOYEES-RIVERSIDE CENTRE: Mr. Robert Gravely, 1412 Moorman Road, N. W.,
complained about the $12 million bond proceeds provided to the Roanoke
Redevelopment and Housing Authority in connection with the South Jefferson
Redevelopment Project; and Iow wages for the City work force.
ARMORY/STADIUM: Mr. Chris Craft, 1508 East Gate Avenue, N. E., apologized
for a previous statement he made to Council regarding Victory Stadium, which
statement was presented in the absence of all of the pertinent information.
PARKS AND RECREATION: Earlier in the meeting, Council having tabled
action on a communication from the City Manager in connection with authorizing a
contract with Clean Sweep of the Roanoke Valley, Inc., for cleaning City parks
restrooms, pending additional information from the City Manager with regard to
background checks on persons engaged in providing the service, frequency of
cleaning restrooms, and supervision of personnel; whereupon, Mr. Harris moved
that the matter be removed from the table. The motion was seconded by Mr.
Bestpitch and adopted.
Mr. Harris offered the following resolution:
188
(#35294-041601) A RESOLUTION authorizing the acceptance of a bid and
execution of a contract with Clean Sweep of the Roanoke Valley, Inc., for the
provision of restroom cleaning services in City parks, upon certain terms and
conditions, and rejecting all other bids received.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35294-041601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor
Smith ................................................................................................... --6.
NAYS: None 0.
(Council Member White was absent.)
It was explained that the City Manager has informally responded to certain
questions raised by the Members of Council earlier in the meeting and the City
Manager advised that it would be in the best interest of the City to act on the
contract so that the services to be provided may commence as soon as possible.
The City Manager advised that Council Member Wyatt continues to be
concerned about a background check on employees who will be performing the
cleaning services in the park; whereupon, the City Manager stated that she is
prepared to make such requirement a stipulation of the contract with Clean Sweep
of the Roanoke Valley, Inc.
At 8:55 p.m., the Mayor declared the meeting in recess until Thursday, April 19,
2001, at 4:00 p.m., in the City Council Chamber, at which time Council will interview
five applicants seeking appointment to the Roanoke City School Board for three year
terms of office commencing July 1, 2001, and ending June 30, 2004.
The Monday, April 16, 2001, regular meeting of Roanoke City Council which
was recessed until Thursday, April 19, 2001, was called to order at 4:00 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.
The purpose of the reconvened meeting was to interview five candidates for
two positions on the Roanoke City School Board for two year terms of office
commencing July 1, 2001, and ending June 30, 2004.
189
PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ........................................... 6.
ABSENT: Council Member C. Nelson Harris ............................................... 1.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
SCHOOL BOARD APPLICANTS PRESENT: Ruth C. Willson, William E. Skeen,
Melvin W. Garrett, Melinda J. Payne and Gary M. Bowman.
The Mayor advised that past actions of Council to comply with the School
Board selection process include:
At regular meetings of the City Council held on January 16 and
February 5, Council announced its intention to elect Trustees to the
Roanoke City School Board for terms commencing July 1, 2001.
Advertisements were placed in The Roanoke Times and in The Roanoke
Tribune inviting applications for the vacancies. Six applications were
received in the City Clerk's Office prior to the 5:00 p.m. deadline on
Friday, March 9, 2001. One application was later withdrawn.
On March 19, 2001, at 6:00 p.m., Council held a reception with the
candidates which was open to the public, and at Council's 7:00 p.m.
meeting, all applications were reviewed and considered.
At the regular meeting of City Council on Monday, April 2, 2001, at
2:00 p.m., Council voted to interview Ruth C. Willson, William E. Skeen,
Melvin W. Garrett, Melinda J. Payne and Gary M. Bowman for the two
vacancies.
A notice was published in The Roanoke Times inviting attendance at a
public hearing to be held by City Council on Monday, April 16, 2000, 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 by 5:00 p.m., on Thursday, April 12, 2001. 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 were scheduled:
190
4:00 p.m.
4:30 p.m.
5:00 p.m.
5:30 p.m.
6:00 p.m.
Ruth C. Willson
Melvin W. Garrett
William E. Skeen
Melinda J. Payne
Gary M. Bowman
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
will ask such questions, as Council, in its discretion, deems advisable.
He stated that Council will hold five 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
this evening; and all interviews will be taped by RVTV Channel 3 to be televised on
April 20 at 10:00 a.m. and 6:00 p.m., April 22 at 6:00 p.m., and April 23 at 1:00 p.m.
In conclusion, the Mayor advised that at the regular meeting of Council on
Monday, May 7, 2001, at 2:00 p.m., (the meeting was later changed to 3:15 p.m.), or
as soon thereafter as the matter may be heard, Council will hold an election to fill the
two vacancies on the Roanoke City School Board.
The first person to be interviewed was Ruth C. Willson.
Ms. Willson advised that she was present to request the support of Council
for reappointment to the Roanoke City School Board and to thank the Members of
Council for allowing her to serve during the past three years. In that time, she stated
that she has supported teacher salaries, improved working conditions for all school
personnel, after school programs for student tutoring and enrichment purposes,
activity buses for middle school students, a new focus on reading, support for a new
facility for the Roanoke Academy for Mathematics and Science, and excellent
facilities at all levels of the school system. She added that Roanoke must have
schools that are a source of community pride that are attractive to businesses and
families; the current high school facility study is especially important; gymnasiums
under construction at both Fairview and Fishburn Park Elementary Schools will be
a source of pride; and completion of the capital improvements plan is anxiously
awaited. She advised that the safety of all children is paramount in her thoughts and
actions, including cameras on buses in key locations and increased personnel and
vigilance to enhance school safety. She further advised that she is always
accessible to parents, guardians, and to the community and she welcomes input
from parents with varying opinions; and she studies all sides of an issue, does her
homework and thoughtfully considers the educational challenges facing the
community. She pointed out that the School Board functions as a team and she is
proud to be a part of the Board; she believes in the School Board's goals and
objectives and in the value of public education; and she expressed appreciation for
the excellent educational opportunities that have been provided to her children in
191
the Roanoke City Public Schools. However, she stated that there is much to be
done; i.e.: the City must continue to improve its instructional programs, to attract
and retain the best and most qualified teachers and administrators, to reduce the
student drop out rate and constantly seek new ways to involve parents in the
community and in the school system. She further stated that her experience,
dedication and commitment to public education, the school system, the community
and to the City as a whole would be an asset to the School Board. She advised that
she worked to promote the Capital Improvements Program Bond Issue in 1997 as
Chair of Advantage Roanoke for the Roanoke Valley Chamber of Commerce; she
served on the Youth Services Citizen Board, School Safety Advisory Board, School
Board's Long Range Planning Committee, and Chair of the School Board's Audit
committee; she is a frequent visitor to all schools and alternative education sites
where she sees evidence of the work of many persons; she is proud of the
partnership that exists between City Council and the school system and by working
together cooperatively much has been accomplished by constructing a cornerstone
that focuses on all children in the Roanoke City School system.
Mr. Bestpitch asked the following questions:
I have heard from numerous people who comment on the strong positive
working relationship among City Council, the School Board and the central
administration. I have heard from a number of teachers and on site administrators
who feel that they are a part of a fourth group whose opinions are not always
considered when important decisions are made. What would you do as a School
Board member to expand this three-way partnership to more of a four-way
partnership?
Ms. Willson advised that parents and teachers of the Roanoke City Schools
have an opportunity to participate in the decisions made by the School Board
through their attendance at public hearings on the school budget; and students,
employees and the community at-large have been invited to provide input at School
Board meetings. She stated that the Superintendent has appointed an advisory
committee composed of representatives from each school site, Roanoke Central
Council PTA holds monthly meetings at which time the Superintendent meets with
representatives from each school; therefore, there is ample opportunity for
discussion of matters that concern the schools.
What would you do to increase parental involvement in the education of their
children?
Ms. Willson advised that in 1996-97, she served on the Long Range Planning
Committee which was changed with the task of developing a plan and
recommendations to increase parental involvement and each principal was asked
to develop his or her own school plan which was an opportunity to appreciate the
uniqueness of each school and for the teachers and parents to have an opportunity
192
for input. She stated that a calendar is sent out early in the school year so that
working parents and parents who travel will have an opportunity to schedule in
advance those school activities and events that they wish to attend. She called
attention to a computer-oriented project which provides communication between
four pilot schools and families and by using e-mail, the families can review teacher
homework schedules and communicate by e-mail. She noted the importance at the
beginning of the school year of having positive communication between the school
and the home because some families are of the opinion that the only time they hear
from the schools is when the news is not good. She stated that a better job has
been done in providing earlier notification of problems with grading, and there is an
opportunity for two parent teacher conferences each year as opposed to only one
in the fall.
Vice-Mayor Carder asked the following question:
We are losing some of our seasoned teachers. Let us assume that teacher
morale is not good. What would you propose in terms of changes to determine how
the school system is performing and to provide feedback to the School Board in
terms of how students, teachers, principals and the School Board perceive the
Roanoke City Schools?
Ms. Willson advised that there is an opportunity to use a survey and surveys
are currently outstanding on school bullying and school safety issues. She stated
that the School Board has a good working relationship with the Roanoke Education
Association and members of the REA meet regularly with the Superintendent of
Schools. She further stated that there is an opportunity for advertised public
hearings to encourage parental input. She advised that she is a regular visitor to the
schools, she is a visible and accessible School Board member, and she welcome
she opportunity for dialogue when she visits the schools by talking with all
employees.
Mr. Hudson asked the following question:
What is your assessment of Dr. E. Wayne Harris, Superintendent of Roanoke
City Public Schools?
Ms. Willson advised that Dr. Harris is a strong leader who sets high
expectations and goals for each school and then he encourages the schools to work
together; he is the current President of the Urban Superintendents League; and he
is actively involved with a program at Harvard University where he works with
doctoral students who are earning their degrees which helps to keep Roanoke in the
193
forefront with research and new ideas. She stated that the School Board evaluates
the performance of the Superintendent each year, along with a self-evaluation of its
working relationship with Dr. Harris; and overall, she added that she is pleased with
the performance of Dr. Harris and hopes he will remain with the Roanoke City School
System throughout his contract period.
Ms. Wyatt asked the following questions:
Over the past three to four years, all six middle school principals, both high
school principals and five or six elementary school principals have either resigned
or retired, which is approximately 50 per cent of the building level administrators in
the school system. What does that indicate to you? Have you done any kind of exit
polls, or engaged in dialogue with any of these individuals to determine their
reasons for leaving, and what kind of indication does that give for the school
system?
Ms. Willson advised that many administrators and teachers have served the
City and the profession over a long period of time; however, the problem is not only
in Roanoke City, but nation-wide. She stated that currently, hiring and retaining
teachers is the number one challenge of the School Board which is one of the
reasons that Roanoke City needs to maintain a fair and competitive teacher and
administrator salary package. She added that the school personnel office could
engage in exit polls if they are not currently doing so to gain a better understanding
as to the reasons that teachers are leaving the school system.
Ms. Wyatt clarified her question to inquire if Ms. Willson sees any need as a
School Board Member to determine why school personnel are leaving the system.
Ms. Willson responded that school personnel transfer to surrounding districts,
or pursue other career opportunities out of state, or take early retirement to pursue
other career paths. She advised that often times when an employee does not
receive a promotion, they will look for opportunities elsewhere. She stated that it
may be necessary to be more proactive in training future principals because there
is a challenge to fill the vacancies.
On a scale of one to ten, one being Iow and ten being high, how effective are
the site based councils are that are currently in the schools and what would you do
to make them more effective?
Ms. Willson advised that she was originally part of the instructional council
which evolved into the site based council with more decision making powers. She
stated that more questions should be asked and that principals should be required
to report to the School administration. She stated that she is an advocate of site
based councils and her past learning experience and what she was able to
contribute to the community was meaningful. She added that she would like to see
the site based councils be more effective at each school site.
194
The Mayor asked the following questions:
Is it your belief that only government has the ability to run a school system?
Ms. Willson advised that she believes in public education, because it has
served our country well; she believes in parental involvement and in the parent's
ability to make choices, and there are parents who might choose not to enroll their
child in a public school. She stated that she has been a strong advocate for public
education; the school system needs to be innovative and provide a certain
relevancy, and there are many different opportunities for children to receive their
education. She advised that she does not believe that only government has the
ability to operate the schools.
Would you support a charter school managed outside the traditional School
Board?
Ms. Willson advised that her understanding of the legislation is that the
School Board is the managing authority for any charter school in the Commonwealth
of Virginia and unless such legislation changes, it is not an option. She stated that
there is an option for two schools in each school district, and each year, the School
Board advertises for applications to determine if there are members of the
community who believe that a charter school should be pursued.
The second person to be interviewed was Melvin A. Garrett.
Mr. Garrett advised that he represents a new beginning because there are
many improvements that can be accomplished if the right programs are
implemented in Roanoke's school system. He stated that he represents a new
direction and a new learning attitude for students and he represents a new way of
motivating students and teachers that should help to improve student test scores.
He added that he believes in a new partnership and responsibility that must be
assumed by parents, because parents must discipline their children every day in
order for them to be effective in their learning experience; and parents should check
homework assignments each day. He suggested the initiation of special programs
that are important because of the multitude of nationalities of students coming into
the Roanoke City Schools, therefore, a multi-cultural educational program is needed
to help students adjust to their new learning environment. He stated that the driver
education program can be improved by forming partnerships to place driver
education equipment in the schools as a motivation tool; the discipline program can
be improved because the average teacher disciplines children at least seven
minutes a day, 35 minutes a week, 140 minutes a month, or 1400 minutes a year and
the time saved could be used to enhance the learning experience. He stated that
there is a need to increase minority opportunities for teachers to ensure that the
right opportunities are available for the best qualified minority teachers; and he
195
supports a review of guidelines and procedures for disciplining teachers in order to
be fair in the overall process. He called attention to the need for more counseling
for middle school and high school students to address the drop out rate and student
behavior which should help to reduce the level of discipline that is occurring in the
home and in the schools. He stated that a pre-vocational education program should
be implemented at the elementary and middle school levels; improvements are
needed in the alternative education program; implementation of an intramural sports
program is needed as a motivator to improved student behavior; and a music
program, including a recording studio where students could be taught the proper
use of English and the importance of history, would also serve as a motivator. If
appointed, he stated that he would bring new ideas and direction to the Roanoke
City School Board.
Mr. Hudson asked the following question:
Define what accountability means to you at the following levels:
administration, teachers and students?
Mr. Garrett advised that the administration plays an active role if employees
are doing their part, which brings forth partnership, or chain of command, into the
learning process that provides administrators with guidelines for teachers to follow
and provides teachers with guidelines for students to follow, leading to an effective
learning experience and environment.
Mr. White asked the following question:
What do you see as the major strengths and the major weaknesses facing the
Roanoke City School System?
Mr. Garrett advised that the most important strength is the ability of the
administration to provide seminars for teachers to use for improvement in teaching
skills and learning. He stated that a weakness is in accountability, because no one
wants to take responsibility for accountability and discipline. To improve in these
areas, he stated that the School system and parents could form a partnership
leading to effective discipline and guidelines for the child to follow, which could be
accomplished through a signed contract by the parent to insure that the child is
aware of such responsibilities as homework and allowing school counselors to
intervene on behalf of the teachers to counsel the child before they come into the
classroom. He stated that he sees the need for improvement in employment
opportunities for minorities who serve as role models; another improvement could
be to offer pre-vocational education in elementary and middle schools where the
weaknesses of the child can be identified at a early age and create programs to
better intervene with learning disabilities.
Ms. Wyatt asked the following questions:
196
What do you think could be done to make the site based councils currently in
the school system as effective as possible?
Mr. Garrett advised that site based councils could form a partnership with
business, or create opportunities at the schools where children could participate in
a part-time job, or create a program where the business could donate tickets to
various events for attendance by the parent and the child in an effort to form a bond
and once that bond is formed, there will be a certain measure of success.
Over the past four years, approximately 50 per cent of the building level
administrators have left the school system. Some have retired and some have
resigned. What does that indicate about Roanoke's school system?
Mr. Garrett stated that pressure is coming from the School administration by
evaluating teachers according to student test scores on the Standards of Learning
tests, and some teachers are of the opinion that they do not have the necessary
resources in order to help improve student test scores, such as the writing
curriculum, new textbooks, and intervention with administrators in creating new
ideas. He stated that some of the pressure could be removed from administrators,
principals and teachers by assuring them that the focus is on the student to learn
first and foremost, and the system is also interested in creating an opportunity
whereby students will be successful when they leave the classroom.
Mr. Bestpitch asked the following questions:
I have heard from numerous people who commented on the strong positive
working relationship among City Council, the School Board and the central
administration. I have heard from a number of teachers and on site administrators
who feel that they are a part of a fourth group whose opinions are not always
considered when important decisions are made. What would you do as a School
Board member to expand this three-way partnership to more of a four-way
partnership?
Mr. Garrett advised that meetings could be held every month with the School
Board, City Council, teachers and students which would provide an opportunity for
everyone to express themselves. He stated that communication is important and in
order to achieve communication, there must be an opportunity for a parent to meet
and discuss concerns freely and openly.
What would you do as a School Board member to increase parental
involvement in the education of their child?
Mr. Garrett advised that parents play the most important role in educating their
children. He stated that a contract could be signed by the parent each year which
includes guidelines provided by the school system in connection with expectations
197
for homework, discipline, etc.; and when more initiative is taken to involve parents,
there will be a better school system and a better attitude toward the learning
experience, along with an improved atmosphere of discipline where the teacher feels
comfortable in teaching and the student feels comfortable in learning.
Mr. Carder asked the following question:
Knowing that morale is a multi-faceted process, you mentioned specific
programs that you would support to address teacher morale, please elaborate.
Mr. Garrett advised that self-esteem is primary to being an effective teacher
along with the ability to identify individual learning disabilities, and the initiative to
motivate a child to improve. He stated that providing a teacher with funds to take his
or her class on a field trip, or giving a student the opportunity to win a free
hamburger from a local fast food restaurant are student motivators. He stated that
a new learning attitude can be created by taking some of those things that have
served as motivators in the past and combining them with new programs that will
lead to improved self-esteem.
The Mayor asked the following questions:
Is it your belief that only government can run the school system?
Mr. Garrett advised that government has a role in operating the schools such
as providing funds, guidelines, and opportunities for learning for those students
with learning disabilities, and it is up to the Superintendent, school administrators
and school teachers to operate the schools effectively on a daily basis. He stated
that he did not believe that only government has the ability to operate a school
system.
Would you support a charter school managed outside of the traditional school
board?
Mr. Garrett advised that charter schools will reduce the effectiveness of the
current school system. He stated that if funds are available and if students can be
successful in a charter school program, he sees no reason why they could not
attend a charter program in another school district. However, in the local school
district, he advised that the City school system has a role to meet the needs of the
students and Roanoke's school system is doing a fair job.
William E. Skeen was the third person to be interviewed.
Mr. Skeen advised that Roanoke City enjoys one of the finest school systems
in the country, and with the leadership of City Council and the Superintendent of
Schools, Roanoke is fortunate to have modern, up to date facilities with educators
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who are committed, excited and happy in their jobs. He stated that in his visits to
Roanoke's schools, he found safe, orderly facilities with teachers actively engaging
students with high tech equipment in high tech schools, with themes and special
programs that excite students and parents alike in areas such as arts, culture,
dance, music, aero space, engineering, communications, broadcasting media,
computers and cars. He further stated that he found character in administrators,
teachers and students; and he found that Roanoke is a national leader in
implementing the Character Counts Program and commended the dramatic effect
this program has had on student behavior by preparing students in their roles to be
good citizens. He added that he visited with Dr. E. Wayne Harris, Superintendent of
Schools, to learn more about the schools and the duties and responsibilities of
being a member of the School Board, and to learn about Dr. Harris' vision for the
schools, and he came away from the meeting even more impressed about the
deliberate focus and direction of Roanoke's educational system, and more excited
about becoming a School Board Trustee; and he wants to help continue to build on
the tradition of excellence that the Roanoke City School System enjoys today. He
stated that his business, non-profit, education and board-related experiences will
enable him to be a contributing member of the School Board; as the parent of two
teenage boys who continue to be educated in the Roanoke City School System, he
understands the challenges and pressures that students face in today's world; as
the Business Director of Roanoke's community action agency, which has a major
alternative education program, he knows first hand the difficulties that some
children face in completing their education; as the husband of a special education
teacher, he understands the challenges that administrators and educators face in
working with limited staff, resources and budgets; as a 16 year adjunct faculty
member at Virginia Western Community College, he understands the challenges that
motivate and stimulate students toward higher achievement; and with 23 years of
experience in banking, financing and business administration, he has a good
understanding of what the business community wants and needs in tomorrow's
employees. He noted that he has served as a member and leader on numerous City,
local and human service agencies, and business-related boards and this experience
in finance, budget and policy management would be an asset to the School Board.
He explained that he would bring a variety of skills and experiences which can help
to lead the schools in the difficult decisions that must be made to continue on its
path of success; and if appointed to the School board, he will work hard to continue
the tradition of excellence. He advised that he would like to help implement several
school initiatives which include providing planning and financial leadership to
renovate both Patrick Henry and William Fleming High Schools, and a program to
involve parents in their role as the primary motivator for their child's educational
success, and to promote their active involvement in the schools. He stated that it
must be emphasized to parents that the school system is not the primary and sole
determinant for their child's academic performance and encouragement, because
modeling and learning begins at home long before the child comes to the school
system and the learning experience continues for many years. He added that in the
same way that exercise facilities have drawn parents into the schools at
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Breckinridge and Woodrow Wilson Middle Schools, ways need to be found to draw
parents closer to other neighborhood schools. He stated that during this time of
concern over school violence, a more fully developed life skills program must be
implemented, and students must have a healthy level of self-esteem to succeed at
their educational endeavors and skills to manage anger and resolve conflict. He
noted that he would encourage a program of early identification of at risk children
by providing them with early intervention counseling to successfully and peacefully
resolve conflict; and students must be prepared emotionally to handle the challenge
and the pressures and conflicts they face during the school years as well as during
their life time. He stated that he would like to continue to enhance volunteer support
from the business community to augment classroom learning and to model the
Character Counts Program into all schools; and because they have short attention
spans and high expectations for a stimulating learning environment, children learn
quickest when support is readily available. He added that he believes in recruitment
and hiring, and retaining the best teachers, educators and administrators is the most
pressing need of the school system today because many of Roanoke's experienced
educators are approaching retirement age. He added that new teachers must receive
professional mentors and support to enable them to do their jobs effectively and that
educators should be justly compensated for the time they devote to the profession
with a salary scale that is both competitive and fair and that educators receive the
level of recognition they deserve. If elected to serve on the School Board, he
advised that he will listen carefully, study closely, and work cooperatively to become
a contributing member. He requested the support of Council and would welcome
the opportunity to give something back to the school system which continues to
prepare two of his three children for world of work and community responsibility.
Mr. Carder asked the following question:
The City of Charleston, South Carolina, has a successful business-education
partnership. What would you do in terms of enhancing that program or trying to
bring that kind of business-education partnership to Roanoke's school system?
Mr. Skeen advised that Roanoke must ask its businesses to be involved and
emphasize to the business community that its investment today will pay dividends
tomorrow; and that their involvement in the school system insures a steady supply
of well trained qualified people who will better serve the labor force of the future.
He stated that citizens, parents and businesses will step up to the plate if they are
asked.
Mr. Hudson asked the following question:
Define what accountability means to you at the following levels:
administration, teachers and students?
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Mr. Skeen advised that accountability starts with the student and by grade six
or seven, students need to understand that is it their personal responsibility to learn,
because it is their education and their future. Secondly, he added that parents need
to understand that it is their role and active involvement that augments the learning
experience for their child and if the parent is not there to support the teacher, the job
of the teacher is much harder. He stated that thirdly, teachers, administrators and
the School Board are next accountable in providing safe and pleasant facilities and
good program instruction to insure that all children get the best education possible.
Fourthly, he noted that City Council is in the line of accountability because Council
is the taxing authority and controls the resources that go into the school system,
and lastly, the community at-large is accountable because the community is
measured bythe children that it graduates from its school system and sends into the
world.
Ms. Wyatt asked the following questions:
Over the past approximately four years, six of the middle school principals,
both high school and five or six elementary school principals have either retired or
resigned which is approximately 50 per cent of our building level administrators.
What does that indicate to you and what do we need to do about it?
Mr. Skeen advised that retirement at the state and local levels has made it
more attractive for people to retire at an early age; the Standards of Learning and
some of the pressures that have come about because of new measurements have
encouraged some school employees to consider early retirement, individuals look
at second careers, and persons of long tenure may decide to pursue another
profession. He stated that if one looks at the overall age of personnel in the school
system, employees are getting older and the system has to be ready with a trained
pool of staffwho can step into these positions which should be a top priority of the
school administration and the School Board.
On a scale of one to ten, one being the lowest and ten being the highest, how
effective do you think the school site based councils are and what would you do to
make them more effective?
Mr. Skeen advised that he could not speak to how effective the school site
based councils are; however, in visiting the schools, he found a disparity between
parental involvement, how well the PTA systems work, and the level of effectiveness
of the site based council in one school versus other schools. He stated that success
can be duplicated, but what works in one school may not work in another, and it is
also true that one has to work harder in some neighborhoods than others, and some
schools have more involvement by the PTA and parents. He called attention to the
belief that schools are important to the neighborhoods, but there are many parents
and adults who have not visited a school since their children graduated and they
have not seen the changes or the contributions that the schools make to a
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community, therefore, a better job needs to be done to bring people back into the
schools. He added that there are a number of other resources that could draw
people back into the schools, the school system should be more creative, identify
best practices, confer with other localities on proven practices and successes and
duplicate those programs in Roanoke City.
Mr. Bestpitch asked the following questions:
I have heard from numerous people who comment on the strong positive
working relationship between the City, the School Board and central administration.
I have heard from a number of teachers and on site administrators who feel that they
are a part of a fourth group whose opinions are not always considered when
important decisions are made. What would you do as a School Board member to
expand this three-way partnership into more of a four-way partnership?
Mr. Skeen advised that if elected to the School Board, he will listen closely to
all partners in the educational arena because people make up the schools, teachers
are the people who are entrusted to educate the children and if teachers are left out
of the communication process, a valuable resource is overlooked and teachers
should be brought into the fold quickly.
What specific things would you do to increase parental involvement in the
education of their children?
Mr. Skeen advised that parents have to be asked to be involved. He stated that
publications from the School Superintendent could be used to educate parents so
that they will see that they are important to the education process and to the lives
of their children and once parents are involved, they should be assigned meaningful
tasks and responsibilities that make them feel as though they are a part of the
process.
The Mayor asked the following questions:
Is it your belief that only government has the ability to run the schools?
Mr. Skeen answered no. He stated that there is a synergy; the number one
strength of the school system is the dedication of teachers, administrators,
students, School Board, and City Council and it takes all parties to make the school
system succeed. He stated that success cannot be left at the door step of any one
entity and all parties have to work cooperatively, collaboratively and identify ways
to meet the interests of everyone because operating an educational system with
13,000 students and a budget of approximately $95 million is a huge undertaking.
Would you support a charter school operated outside of the traditional School
Board?
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Mr. Skeen advised that charter schools have a place, but he does not believe
that Roanoke is ready for a charter school that would compete with existing school
facilities. He stated that Roanoke has excellent facilities that it continues to improve
upon; available resources should be used to upgrade Roanoke's remaining schools
that need renovation, to insure adequate programming, and to insure that school
personnel are properly compensated, along with the necessary instructional
resources in order to be successful. He advised that Roanoke's school system
should take care of what it has at this point and improve upon resources as much
as possible.
At this point, the Mayor left the meeting.
The fourth person to be interviewed was Melinda J. Payne.
Ms. Payne expressed appreciation for the opportunity to serve on the School
Board for approximately six years. She advised that she has taken the responsibility
of School Board Trustee seriously, and she would like to continue to serve on the
Board for another three years. She stated that over the past two years, she has
provided leadership to the School Board, serving as Chair; the City of Roanoke is
fortunate to have a School Board that is committed to serving the 13,000 plus
students in Roanoke's 29 schools, and a School Board that supports the efforts of
teachers who make the difference in the lives of Roanoke's children on a daily basis.
She stated that the School Board would not be the highly respected division that it
is today without the support of bus drivers, custodians, security staff, cafeteria
workers, aids, assistants, secretaries and the administration, all of whom work
together to garner recognition for Roanoke City Public Schools as one of the most
outstanding districts in the state, region and nation. She commended City Council
on the support that it provides to make Roanoke's public education system
successful.
Ms. Wyatt asked the following questions:
Over the past four years, six middle school principals, two high school
principals and five or six elementary school principals have either retired or
resigned which is approximately 50 per cent of Roanoke's building level
administrators. What does that indicate to you about Roanoke City Schools and
what should be done about it?
Ms. Payne advised that the School Board has struggled with the question for
some time, which indicates a lack of prepared persons in the school ranks for
leadership roles. She stated that the school system has been weak in preparing
stafffor those roles so that when vacancies occur, there are qualified persons within
the school district who can be rotated into administrative positions. She explained
that the School Board has had to go back into the retirement ranks and place retired
personnel in these type of positions knowing that within a few years they will again
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retire, which has continued to add to the problem. She stated that there are those
individuals who move on to higher paying positions, and it is a matter of doing a
better job in preparing those persons already on staff to step into openings as they
occur.
On a scale of one to ten, one being the lowest, ten being the highest, how
effective do you think the site based councils in Roanoke City Schools are and what
would you do to improve them?
Ms. Payne advised that she has had personal issues with site based councils
ever since her daughter enrolled in the City's school system. She questioned how
the different grading systems in each school were established, and stated that site
based councils have caused problems with the grading system and the way abilities
of students are assessed. She stated that while there are some advantages to site
based management, such as parental involvement, the school system sometimes
loses a grasp on those things that should be at the top of the list to be addressed.
She added that although site base management exists in Roanoke's schools, she
is not a true proponent.
Mr. Bestpitch asked the following questions:
I have heard a number of people comment on the strong positive working
relationship between the City, the School Board and central administration. I have
heard from a number of teachers and on site administrators who feel that they are
a part of a fourth group whose opinions are not always considered when important
decisions are made. What would you do as a School Board member to expand this
three-way partnership into more of a four-way partnership?
Ms. Payne advised that this is a continual problem because of the number of
persons who do not feel comfortable in speaking up for fear of retaliation; and it is
an area that the School Board must continue to address in order to make people feel
that they are a part of the total package, by insuring that they are involved and that
they are made to feel comfortable in expressing their views. She stated that during
her meeting with the Roanoke Education Association, there was discussion with
regard to ways to gauge the perspective of teachers, bus drivers, aids, cafeteria
workers, etc., regarding the school system, because people come to the table with
differing opinions; therefore, the school system needs to embrace all school
employees to insure that the School Board receives feedback and when issues are
brought to the table and school employees believe that they have not been heard,
the School Board should listen to them and provide them with an open forum. She
added that whenever a parent telephones, she is quick to respond because she
wants to know what is on the minds of teachers and parents, bus drivers, etc., to
address concerns in an effort to find a better way to deal with issues so that
everyone is provided with the pertinent information and made to feel a part of the
total system and valued for what they contribute.
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What specific things would you do to encourage parental involvement in the
education of their children?
Ms. Payne advised that the Superintendent sends a newsletter to parents
periodically, and parent-teacher associations are an effective way to get the word
out, but in order to find ways to encourage parental involvement, the school system
must continue to ask parents, with some consistency, to be involved in their child's
learning experience and to provide input on how Roanoke's school system is
performing.
Mr. Hudson asked the following question:
What is your assessment of Dr. E. Wayne Harris, Superintendent of Schools?
Ms. Payne advised that Dr. Harris is well known, admired and highly respected
by his peers based on the feedback she has received. She stated that he does an
effective job for the school system; however, he is not perfect, nor is anyone else,
but overall he tries to give his best. She added that sometimes he has to be
reminded to listen to the people a little more; he does an effective job in addressing
the needs of students; however, he could be more understanding and supportive of
the needs of teachers. Overall, she stated that he is an effective Superintendent who
tries to do what is best for all of Roanoke's students.
Mr. White asked the following question:
What do you see as the major strengths and the major weaknesses facing the
Roanoke City School System and what would you do to enhance the strengths and
to mitigate the weaknesses?
Ms. Payne advised that overall, the strengths are in Roanoke's good teaching
facilities, although there needs to be a way to rid the school system of the modular
classrooms at certain school sites. She stated that Roanoke has tried to take its
schools back to the community which can be evidenced through the fitness centers
that the City and the School Board have instituted by making sure that the facilities
are being used by the communities that they serve. She added that other strengths
include school staff because Roanoke has a pool of good teachers and
administrators, and a staff that cares about the children. She stated that a weakness
lies in the fact that the school system is not developing personnel so that when
openings occur, qualified staff with leadership skills are waiting to assume those
positions, in order to move the school division ahead. She advised that another
weakness is that some of the schools are not as diverse as they should be and
diversity is something that children should be subjected to at the elementary school
level.
Mr. Carder asked the following question:
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We in Roanoke have done a poor job in terms of marketing ourselves in many
facets. What would you do to get the word out about our school system?
Ms. Payne advised that Roanoke City Schools invites local realtors to school
sites to provide them with the opportunity to see first hand what Roanoke's school
system has to offer. She stated that Roanoke is fighting a battle with what people
hear and what they envision about the Roanoke City Schools, and because Roanoke
is an urban area, people tend to think that urban school systems are riddled with
problems, and they forget about the types of programs that the City of Roanoke has
to offer. She added that Roanoke is in an enviable position with other school
divisions because of the support that City Council gives to the School Board to make
those programs come to fruition. In order to help people understand, she advised
that the message has to go out via the schools web-site, publications, word of
mouth, marketing the system through teacher job fairs, and telling Roanoke's story
to organizations like the Kiwanis Club, Rotary Club, and Lions Club, etc., which will
enable the system to dispel some of the perceptions about Roanoke City Public
Schools.
Vice-Mayor Carder asked the following questions on behalf of the Mayor.
Is it your belief that only government has the ability to run a school system?
Ms. Payne advised that it is not her belief that only government has the ability
to run a school system.
Would you support a charter school managed outside of the traditional School
Board?
Ms. Payne advised that if the charter school concept is handled correctly and
if there is an assurance that children will get a quality education, she would support
a charter school under those circumstances because not all children can learn in a
traditional school setting. She stated that charter schools provide an alternative and
if they are established using the right guidelines, she would most likely be
supportive.
The fifth and last person to be interviewed was Gary W. Bowman.
Mr. Bowman advised that there are four reasons he should be appointed to
the School Board. First, he stated that on paper and in terms of experience, he is the
most qualified person to present himself for a seat on the School Board. He added
that he has been extensively trained in public personnel, public budgets and policy
evaluation, he is an attorney which represents a significant qualification because he
deals with people on a day-to-day basis by helping to solve their problems and much
of what the School Board does has to do with people and their problems, trying to
assess the merits and finding a solution. He advised that most importantly, he has
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three children in the school system, he is the only applicant who has a child in
elementary school, and the only applicant who will have that same child in the
rebuilt Patrick Henry High School, therefore, he has a long term stake in the affairs
of the schools, and hopes to have an impact on the reconstructed Patrick Henry
High School and the direction that school policy will take in the future. Secondly, he
stated that he is the most independent person to present himself for appointment,
and he has repeatedly demonstrated that he acts in the interest of better
government. He noted that he presents himself as a School Board candidate
because he believes that he can have a significant impact on making the schools
more responsive to the customers who are the parents. Thirdly, in terms of
responsiveness, he advised that the schools have pockets of excellence that should
be encouraged; however, other problems are dysfunctional to the point of being
absurd and when parents raise questions regarding those problems, they are often
met with arrogance and bureaucratic stonewalling, they do not get a solution to the
problem, and if appointed to the School Board, he would act as an intermediary
between the parents and the school system which is lacking at the current time. He
stated that he would bring an innovative energy and enthusiasm to the School
Board, and he is a strong believer in school choice and decentralization which is the
direction that Roanoke's schools should take. He advised that the school system
has already taken certain strides in that direction which have been positive and were
met with success, and by fostering that innovation, the schools can be improved by
applying the principles of the market competition and respect to all customers of
Roanoke's schools.
Mr. Bestpitch asked the following questions:
I have heard from numerous people about the strong positive working
relationship between City Council, the School Board and central administration. I
have heard from a number of teachers and on site administrators who feel that they
are a part of a fourth group whose opinions are not always considered when
important decisions are made. What would you do as a School Board member to
expand this three-way partnership into more of a four-way partnership?
Mr. Bowman advised that he has not heard that concern expressed, although
he has seen some evidence of it. He stated that there is a perception among school
teachers and administrators at the school level that what happens in central
administration is far removed from what is being done at the schools. He added that
there are instances where he has personally observed situations where it appears
that the "head is divorced from the body". He stated that there should be more
cognizance at the level of the administration, which is where the problem seems to
exist, regarding concerns expressed by parents and persons at the school level,
rather than having those concerns met with defensiveness by the administration.
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What specific things would you do to increase parental involvement in the
education of their children?
Mr. Bowman advised that there are layers of involvement, there are parents
who are particularly interested in what is going on in the schools and those same
parents will be active in parent-teacher associations and site based councils, and
in order for them to be effective, there must be effective site based councils which
currently do not exist in all schools. He stated that in promoting the parent-teacher
associations, there must be congruence between school districts and
neighborhoods which is currently not taking place. He advised that the school
administration has created a system where the upper level of children in the system
receive better treatment than those less fortunate children which has created a
problem, and the school administration should be more cognizant of not catering to
problem people. He noted that the solution to the problem is to have a School Board
with an administration that is responsive to the rest of the people and those are the
people that he wants to be responsive to and to serve as an intermediary in order to
represent those persons in addressing their concerns with the school administration
and other members of the School Board.
Mr. Hudson asked the following question:
Define what accountability means to you at the following levels:
administration, teachers and students.
Mr. Bowman advised that accountability is the wrong word to focus on at this
point in administering the schools. He stated that in public administration, there are
two distinct terms, accountability and responsiveness; and accountability means
that individuals can be penalized, or otherwise provided negative or positive
incentives, if certain consequences do not occur. He stated that everyone should
be required to meet a standard of performance on the job, regular supervision in the
schools can determine what the standard is and new procedures are not necessary
to tie accountability to some kind of quantitative measures. He explained that
teachers should be responsible for doing a good job in the teaching arena, and
administrators should be held accountable if they do things that do not make sense,
or if they are not doing their job properly.
Mr. White asked the following question:
What do you see as the major strengths and the major weaknesses facing the
Roanoke City School System and what would you do to enhance the strengths and
to mitigate the weaknesses?
Mr. Bowman advised that one of the strengths is the good teaching staff in the
school system. He stated that weaknesses are those things that detract from the
teachers being able to do a good job in the classroom and those things that prevent
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children from interacting with the teacher. He added that all of the procedures are
in place that should be implemented to properly deal with problem children; there
are situations in Roanoke City Schools where there are good teachers with good
hearts, but those same teachers are inept and they need to be told that this is not
acceptable. He stated that another problem is when an individual tries to highlight
some of the problems in the school system, responses from some administrators
are uncivil, therefore, a person is faced with a rude or insulting school employee
when that person is trying to identify a problem, which in turn, alienates parents and
makes them wonder how the school system is fostering civility in the schools when
administrators are not acting civil themselves. He reiterated that the strength lies
with the teachers, and the weakness is in encouraging administrators to respond to
questions or concerns that need to be addressed.
Ms. Wyatt asked the following questions:
Over the past four years we have had six middle school principals, two high
school principals and five to six elementary school principals either resign or retire
which is approximately 50 per cent of building level administrators in a.four year
period. What does that indicate to you about Roanoke City Public Schools and what
should be done about it?
Mr. Bowman advised that the situation is not something that he is familiar
with, so he would be hesitant to address the question. He stated that there are two
problems at Patrick Henry High School and there is no solution because the school
does not have a long term principal. He added that employment of principals at the
various schools must be a top priority, even if additional funds must be allocated.
Mr. Carder asked the following questions on behalf of the Mayor:
Is it your belief that only government has the ability to run a school system?
Mr. Bowman advised that government does not have the exclusive monopoly,
nor is it the expert to run a school system. He stated that although it should not,
government in Roanoke City has a legal monopoly on running the schools.
Would you support a charter school managed outside of the traditional school
board?
Mr. Bowman responded in the affirmative. He advised that the charter school
statute appears to authorize the school districts to charter schools established by
anyone. He further advised that there is a charter school in Roanoke; however, he
was dismayed to learn that Dr. Harris and Mr. Kelley initiated the idea for a charter
school, and since funds come from the public budget, it is not a true charter school,
but a district school. He explained that there is a legal mechanism for charter
schools, but the concept will face opposition at the School Board level because the
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School Board wants charter schools that are district schools. He advised that them
are numerous ideas that should be available as opportunities for charter schools
and should be promoted so that charter schools will be implemented throughout the
City of Roanoke, which is another way to increase parental responsiveness and to
increase educational attainment in the future.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 6:26 p.m.
kMary Ralph K. Smith
City Clerk Mayor
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SPECIAL SESSION ..... ROANOKE CITY COUNCIL
April 23, 2001
7:00 p.m.
The Council of the City of Roanoke met in special session on Monday, April
23, 2001, at 7:00 p.m., in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road,
N. E., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Section 10, Meetings of Council of the City Charter and pursuant to the budget study
schedule for adoption of the City's fiscal year 2001-02 budget which was approved
by Council on January 16, 2001.
PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith .............. 6.
ABSENT: Council Member C. Nelson Harris .............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Council Member William D.
Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
Pursuant to instructions of Council, the Mayor advised that public hearings
were advertised for Monday, April 23, 2001, at 7:00 p.m., on the following matters:
HUD proposed budget, proposed City budget, cigarette tax rate, transient occupancy
tax rate, changing the structure and rates of septic tank disposal fees, and City water
rates and related charges for services, the matters were before the body.
Legal advertisements of the public hearings were placed in The Roanoke
Times on April 6, April 16 and April 23, 2001.
(For full text, see legal affidavits on file in the City Clerk's Office.)
In view of the number of speakers who wished to be heard, the Mayor
requested that each speaker limit their remarks to no more than three minutes.
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HOUSING/AUTHORITY-GRANTS: The Mayor advised that the first public
hearing pertained to the HUD Consolidated Plan budget which recommends
allocation of $3.9 million in Community Development Block Grant funds, HOME and
ESG funds to support an array of housing, homeless prevention, neighborhood and
community development, public services and economic development activities.
The Mayor inquired if there were persons present who would like to address
the matter; whereupon, Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that
the City's pay scale is unrealistic and does not provide enough money for the
average City employee to purchase a vehicle, or buy a home, or purchase insurance.
He stated that the City's work force is deceasing and there are not sufficient staff on
the payroll to do the work of the City.
No other speakers wishing to be heard, the Mayor declared the public hearing
closed.
The Mayor advised that the second public hearing pertained to the proposed
fiscal year 2001-02 City budget, totaling $191.3 million; whereupon, the following
persons addressed Council:
Mr. David A. Bowers, 601 Camilla Avenue, S. E., addressed Council on behalf
of the Passenger Rail Service Committee. He expressed appreciation to the City of
Roanoke for designating the old Norfolk Southern Rail Terminal across from The
Hotel Roanoke on Shenandoah Avenue as the future site for passenger rail service
in the City. With regard to funding, he stated that it was previously recommended
that funds come from the proposed 2001-02 budget which is currently under
consideration; however, he was now advised that the City Manager has suggested
that the funds be included in the City's Capital Improvement Program. He added that
members of the Passenger Rail Study Committee concur in the City Manager's
suggestion and encouraged Council to keep the request at the forefront. He added
that the Committee continues to support the proposal by the City Manager to fund
$1.25 million as the City's share of an $8 million renovation project to provide a
location for the visitor's center, depot and possibly the Winston Link art collection.
Ms. Berniece Meador, 370 Koogler Drive, N. W., spoke on behalf of Fire Station
No. 12, the Ridgewood Farms Neighborhood League, and residents of the area. She
advised that residents in the area of Fire Station #12 want to keep the station open
and operational which will continue to provide good response time for residents in
an emergency situation. She asked that Council give serious consideration to the
proposal of the City Manager before taking action.
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Ms. Nancy Harper, 1828 Glenroy Street, N. W., Member, Board of Directors,
Harrison Museum of African-American Culture, expressed appreciation to the
Cultural Services Committee for its tentative allocation of $22,479.00 for program
year 2001-02, and on behalf of the Board of Directors, she requested an increase in
the allocation since it falls short of the $97,078.00 requested. She advised that the
Board of Directors and staff of the Harrison Museum have worked diligently to
provide quality programming for the community, to obtain the necessary funding for
a top notch Museum with ample funding for educational services for all persons
while preserving and promoting the achievements of African-Americans, and
funding from the City of Roanoke provides a significant role in providing these
services and in achieving the mission of the Harrison Museum. She stated that
officials and members of the Board of Directors met with the City Manager to
discuss concerns and needs of the Museum, as well as needs and concerns of the
City of Roanoke and as a result of those meetings and correspondence, the Board
of Directors and staff responded in a timely manner to several administrative
requests of the City Manager, which response documented the Museum's
commitment to both fiscal accountability and sound management. She explained
that it was the Board's understanding that the request for additional funds for the
current year would be granted once administrative requests were satisfied; however,
regretfully, additional funding from the City of Roanoke has not materialized, even
though all requests for documentation were honored. She advised that the goal of
the Board of Directors of the Harrison Museum is to become more self-sufficient, a
staff person trained to concentrate on development and fund raising is needed to
secure adequate funding in order for the Harrison Museum to become self-sufficient
and the tentative allocation of $22,479.00 is not sufficient to employ a development
officer. She stated that the Harrison Board is composed of volunteers who spend
many hours augmenting the work of the Executive Director; however, volunteers are
no substitute for an experienced professional development fund raiser. Therefore,
she requested that Council grant the request of the Harrison Museum of African-
American Culture, in the amount of $97,078.00 for fiscal year 2001-02.
Thomas Brown, representing the American Red Cross, Roanoke Chapter,
advised that throughout the years, the Red Cross has had an ongoing working
relationship with the City of Roanoke in administering disaster services. He called
attention to joint efforts to establish a disaster plan at the Roanoke Regional Airport
in the event of an air emergency, the Roanoke Chapter worked with the Federal
Emergency Management Association in setting up disaster education and mitigation
programs in the City of Roanoke, the Red Cross operated a cost free Learn to Swim
Program for the City that taught over 300 children how to swim, and the Red Cross
trained all City lifeguards and conducted numerous educational programs in the City
schools at no cost. He stated that the Red Cross has never approached the City or
the School Board for funds; however, because the partnership with the United Way
213
of the Roanoke Valley has been discontinued, the budget of the Roanoke Chapter
has been decreased by $159,000.00; therefor, $50,000.00 is requested of the City of
Roanoke to cover direct service support provided by the Roanoke Chapter to victims
of disaster in the Roanoke area.
Tanya Williams, representing the American Red Cross, Roanoke Chapter,
called attention to assistance rendered by the Roanoke Chapter to the victims of
fire, such as the Third Street apartment fire in which the organization assisted 11
families with miscellaneous living expenses, and the fire at the Summit Apartments
which displaced nine persons and the Roanoke Chapter provided medical needs,
food, clothing and basic household needs.
Karen Wilson, Disaster Chairperson, Roanoke Chapter, American Red Cross,
advised that the Roanoke Chapter has trained over 50 volunteers to manage
different types of disasters, and assist with food, household needs and rental
assistance when disasters occur. She stated that when injuries occur, the Red
Cross provides medical assistance, medicine and emotional support, and when
there is loss of life of a family member and the family cannot afford funeral
expenses, the Red Cross provides the necessary services 24 hours a day, seven
days a week.
Chuck Wells, 1115 Patterson Avenue, S. W., spoke on behalf of the Roanoke
Fire Fighters Association. He advised that according to the City Manager, there is
a need for budget cuts, but Roanoke's fire fighters believe that when it comes to
public safety, the citizens and businesses of Roanoke City deserve only the best,
and instead of cutting the number of fire fighters and para-medics, the City should
increase the staffing level. He stated that there is ample documentation and studies
which show that adding just one additional fire fighter and fire apparatus can
increase the City's efficiency rating from 38 per cent to 65 per cent, and with
increased staffing also comes an additional benefit in decreased insurance rates
paid by citizens and businesses. He added that there are other means available to
reduce the cost of fire protection that have not been considered such as proper
preventative maintenance on fire stations, and other suggestions that the
Firefighters Association is prepared to discuss with the City Manager. He stated that
in considering a reduction in staffing for fire service, studies have shown that with
reductions there are increases in property damage, personal injury, and death to
both citizens and firefighters. He request that fire fighters be provided with the
means to perform their job safely and effectively.
Mr. Craig Sellers, 3615 Manassas Drive, a 19 year City fire fighter, spoke with
regard to a reduction in the City's overall work force, and referred to a list which was
prepared by the E-911 Control Center listing streets that are closed, traffic control
214
lights and hydrants that are out of service, and 12 opticom units that are not
operational, some of which have been out of service for several years. He advised
that 26 fire hydrants are out of service, many of which have been non operational for
several years and have not been repaired due to a shortage of City employees.
Ms. Robin Murphy-Kelso, 4449 Summit Drive, N. W., spoke on behalf of
keeping Fire Station No. 12 open. She advised that when the area was annexed,
residents were assured that they would have a fire station in the area, increased
water pressure, and adequate fire hydrants; however, water pressure is still an issue
and drainage problems are being addressed in three phases. She stated that
removing fire equipment for replacement by a medic unit should not be an option,
residents were promised a fire station, and they were assured that before any
decisions are made, they would be briefed by City officials, however, to date, there
has been no contact by City representatives. She requested that Council honor the
wishes of the citizens served by Fire Station No. 12.
Ms. Brenda Hamilton, 4505 Biltmore Drive, N. W., a City employee, expressed
concern with regard to the proposed pay increase of 3.5 per cent for City employees.
She inquired if the pay increase will be based on the maximum of the grade range
or on the mid point range. She requested that Council give consideration to
providing all City employees with a pay increase based on the maximum of the
range rather than the mid point.
Ms. Annette Lewis, Director, Total Action Against Poverty This Valley Works
Program, advised that TAP would like to thank the City of Roanoke for its financial
support. She further advised that during the past year, as a result of the City's
financial support, 115 Iow income citizens received crisis assistance, 129 youth and
adults received remediation literacy instruction, English As A Second Language and
GED instruction, 29 students received general office skills, 43 residents received
training and development in small businesses, 48 homeless persons received 60
days of supportive services, 144 homeless persons received long term shelter, case
management, counseling and life skills training, 56 homeless persons obtained
permanent housing, 255 ex offenders were assessed for emergency housing and
employment needs and 167 were provided with employment and career counseling,
152 ex offenders were provided with transportation assistance to interviews, medical
appointments, etc., 202 women received crisis intervention assistance and 329
children were represented in the 202 families, and 87 single adults received housing
through TAP's single room occupancy project. She stated that the above listed
measurements provide a brief overview of the effect of Roanoke City's funding
support on the lives of those who have not been as fortunate as others. She
encouraged the City to continue its financial support to Total Action Against
Poverty.
215
Stark Jones, representing the Roanoke Valley Chamber of Commerce
Community Public Development Initiative, expressed appreciation to the City
Manager for implementing an improved budget review for the grant process. He
expressed appreciation to Council for its support of the Community Development
Business Initiative.
No other persons wishing to be heard, without objection by Council, the Mayor
declared the public hearing closed.
The Mayor advised that the third public hearing pertained to a proposed
increase in the cigarette tax rate which is recommended to increase from $.17 to $.27
per pack, to provide additional funds for needed curb, gutter and sidewalk
improvements, effective July 1, 2001.
The Mayor advised that no persons had signed up to speak on the issue;
therefore, without objection by Council, he declared the public hearing closed.
The Mayor stated that the fourth public hearing pertained to the transient
occupancy tax and the City Manager is recommending an increase from six per cent
to seven per cent to provide expanded funding to more effectively market the City
of Roanoke. He advised that the following persons would like to address the matter:
Matthew R. Kennell, President-Elect, Roanoke Valley Convention and Visitors
Bureau, spoke in support of the proposed increase in the transient occupancy tax
rate and expressed appreciation to Council for recognizing tourism as a major
revenue generator for the City of Roanoke. He stated that in fiscal year 2000-01, the
lodging tax increased over 14.5 per cent over the previous fiscal year and in the first
six months of fiscal year 2001-02, the lodging tax increase was 8.7 per cent which
is new money and, when combined with existing funding, will allow the Convention
and Visitor's Bureau to increase its marketing efforts estimated between $280,000.00
and $300,000.00 per year. He asked that the program be an ongoing commitment by
the City of Roanoke and not limited to fiscal year 2001-02. He stated that current
local funding challenges, a slowing economy, and rising energy and gasoline prices
will have a negative impact on the number of visitors to the Roanoke Valley,
therefore, it is critical that the Convention and Visitors Bureau establish a strong
marketing presence.
216
Ms. Brenda Phillips, representing the Wyndam Roanoke Airport Hotel, 2801
Hershberger Road, N. W., advised that the Roanoke Valley Convention and Visitors
Bureau is a vital link to the tourism industry of the Roanoke Valley, and the Wyndam
Hotel supports the one per cent increase in the transient occupancy tax if the
proceeds go to the Convention and Visitors Bureau to help increase sales and
marketing initiatives in the Roanoke Valley.
No other persons wishing to address the matter, without objection by Council,
the Mayor declared the public hearing closed.
The Mayor advised that the last public hearing pertains to changing the
structure and rates of septic tank disposal fees and City water rates and related
charges for services which will result in deceases and increases in certain rates and
related charges, as follows: increases in septic tank disposal fees of up to 110 per
cent; (2) decreases in certain minimum charges for water services of up to 95 per
cent; (3) increases of certain water rates of up to ten per cent; and (4) elimination of
the monthly minimum 200 cubic foot allowance for water consumption on and after
August 1, 2001.
The Mayor inquired if there were persons present who would like to speak to
the issue; whereupon, Gary Phillips, 1715 Murray Road, S. W., representing Tidy
Services, endorsed the 110 per cent increase in septic tank disposal fees because
the industry is growing and needs to be regulated. He stated that when problems
occur, the City should inspect the situation to insure that the service is administered
properly.
No other persons wishing to be heard, without objection by Council, the Mayor
advised that the public hearing would be closed.
The Mayor noted that Council will convene in fiscal year 2001-02 budget study
sessions on Wednesday, April 25, 2001 at 8:00 a.m., and Thursday, April 26, 2001 at
8:30 a.m., in the Emergency Operations Center Conference Room, with the goal of
referring the proposed budget back to the City Manager for any necessary
adjustments and preparation of the appropriate measures for adoption by Council
on Monday, May 7, 2001, at the 2:00 p.m. session.
HOUSING/AUTHORITY: The City Manager submitted a communication
advising that Resolution No. 34969-071700 adopted by Council on July 17, 2000,
authorized City officials to execute the Shenandoah Crossing Cooperation and
Parking Agreement between the City and the Roanoke Redevelopment and Housing
Authority; through this project, the Housing Authority will convert the former Norfolk
and Western GOB South into market rate apartments; a budget ordinance adopted
by Council at the same meeting provided funding of $1.2 million to the Housing
Authority to assist in financing of the renovation and conversion; and other sources
of funding for the project include syndication proceeds and mortgage funds insured
by the United States Department of Housing and Urban Development.
217
It was further advised that to more properly formalize arrangements for the
financing of the entire Shenandoah Crossing Project, HUD has advised the City to
execute an agreement which appropriately involves all parties to the project,
including the City, the Housing Authority, Shenandoah Crossings, LP, Highland
Mortgage Company, and the Department of Housing and Urban Development.
The City Manager recommended that Council adopt a resolution authorizing
execution of a five-party agreement.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35296-042301) A RESOLUTION authorizing execution of an Agreement
among the City of Roanoke, the City of Roanoke Redevelopment and Housing
Authority (Authority), Highland Mortgage Company (Highland), Shenandoah
Crossings, L.P., (Borrower), and the Secretary of Housing and Urban Development
(HUD) to provide for implementation of certain aspects of the Redevelopment Plan
for the Gainsboro Community Program Area, specifically regarding the conversion
of the former Norfolk and Western GOB South into market rate apartments, such
Agreement to provide assistance in securing financing and effectuating the project.
(For full text of resolution, see Resolution Book No. 64)
Mr. Carder moved the adoption of Resolution No. 35296-042301. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Hudson, White, Wyatt and Mayor
Smith .............................................................................................................. -6.
NAYS: None .......................................................... ~ .............................. 0.
(Council Member Harris was absent.)
COUNCIL: Mr. Bestpitch offered the following resolution changing the time
of commencement of the regular meeting of Council scheduled to be held at
2:00 p.m., on Monday, May 7, 2001, to 3:15 p.m., on that date:
(#35297-042301) A RESOLUTION changing the time of commencement of the
regular meeting of City Council scheduled to be held at 2:00 p.m., on Monday, May 7,
2001.
Mr. Bestpitch moved the adoption of Resolution No. 35297-042301. The
motion was seconded by Mr. Carder and adopted by the following vote:
218
AYES: Council Members Bestpitch, Carder, Hudson, White, Wyatt and Mayor
Smith 6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 8:07 p.m.
ATTEST:~, ~u~ .~. ~~l~.~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
219
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
April 23, 2001
Immediately Following the Public Hearing on the
2001-02 Fiscal Year Budget Which Convened at 7:00 p.m. (8:07 p.m.)
The Council of the City of Roanoke met in special session on Monday,
April 23, 2001, immediately following the public hearing on the proposed fiscal year
2001-02 budget which convened at 7:00 p.m., in the Roanoke Civic Center Exhibit
Hall, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor Ralph K.
Smith presiding, pursuant to Section 10, Meetings of Council of the City Charter and
pursuant to the budget study schedule for adoption of the City's fiscal year 2001-02
budget which was approved by Council on January 16, 2001.
PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith .............. 6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
BUDGET-TAXES: The Mayor advised that the purpose of the special meeting
was to consider the City's proposed real property tax rate for fiscal year 2001-02.
He further advised that the City Manager's proposed budget includes a real property
tax rate of $1.21 per $100.00 of assessed value which is the current tax rate.
Legal advertisement of the public hearing was published in The Roanoke
Times on April 16, 2001.
(For full text, see publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were citizens who would like to address Council
with regard to the matter; whereupon, no persons asked to be heard.
Without objection by Council, the Mayor declared the public hearing closed.
220
There being no further business, the Mayor declared the special meeting
adjourned at 8:10 p.m.
Mary F. Parker
City Clerk
APPROVED
~~1~ ~~Ralph K Smith
Mayor
221
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 7, 2001
12:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
May 7, 2001, at 12:00 noon in the Ballroom at the Clarion Hotel Roanoke Airport, 2727
Ferndale Drive, N. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section
2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke
(1979), as amended; and Resolution No. 35288-041601 adopted by the Council on
Monday, April 16, 2001.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ................................................................................................. -7.
ABSENT:None .......................................................
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Christin Richardson, student at
Roanoke Catholic High School, and Student Mayor.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
The Mayor welcomed all participants and guests to the year 2001 Student
Government Day. Student Government Day is a time that students from William
Fleming and Patrick Henry High Schools, Roanoke Catholic High School and
Roanoke's CITY School are paired with Council Members, Judges, Constitutional
Officers, Council-Appointed Officers, and other City staff to learn more about the
function of City government.
At 12:20 p.m., the Mayor declared the City Council meeting in recess to be
reconvened at 3:15 p.m., in the Roanoke City Council Chamber, 215 Church Avenue,
S. W., City of Roanoke.
222
At 3:15 p.m., on Monday, May 7, 2001, the regular meeting of Roanoke City
Council reconvened in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City
Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetin_as, Code of the
City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ................................................................................................. 7.
ABSENT: None
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by the Reverend E. M. Mitchell, Pastor,
Emmanuel Tabernacle Baptist Church, Moneta, Virginia.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
ANNOUNCEMENTS:
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on
July 1,2001, there will be two vacancies on the Roanoke City School Board for terms
of three years each, commencing July 1, 2001, and ending June 30, 2004; and the
following persons were interviewed by Council for the positions on Thursday,
April 19, 2001, said interviews having started at 4:30 p.m., in the City Council
Chamber:
Gary M. Bowman
Melvin W. Garrett
Melinda J. Payne
William E. Skeen
Ruth C. Willson
223
The Mayor requested that each member of Council cast their votes for no
more than two nominees; whereupon the following vote was recorded:
FOR MR. BOWMAN: None ........................................................................ -0.
FOR MR. GARRETT: None ......................................................................... 0.
FOR MS. PAYNE: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
Carder and Mayor Smith ..................................................................................... 7.
FOR MR. SKEEN: Council Members White, Wyatt and Bestpitch ................... 3.
FOR MR. WILSON: Council Members Harris, Hudson, Carder
and Mayor Smith .............................................................................................. -4.
Having received the highest number of votes, the Mayor advised that
Ms. Payne and Ms. Willson were reappointed as Trustees to the Roanoke City School
Board for three year terms each commencing July 1,2001 and ending June 30, 2004.
PRESENTATIONS:
PROCLAMATIONS: The Mayor presented a Proclamation declaring Saturday,
May 12, 2001, as Letter Carriers' Food Drive Day in the City of Roanoke.
PROCLAMATIONS-LANDMARKS/HIST. PRESERVATION: The Mayor presented
a Proclamation declaring the week of May 10 - 13, 2001, as National Historic
Preservation Week in the City of Roanoke.
A. L. Holland, Sr., Roanoke Regional Preservation Foundation Board Member,
commended the City on its historic preservation efforts at Highland Park, Virginia
Heights, Wasena, Garden City, and Grandin Court Elementary Schools, Lucy
Addison and Breckinridge Middle Schools, the former Jefferson High School and the
Harrison Museum of African-American Culture.
Robert K. France, Roanoke Regional Preservation Foundation Board Member,
advised that schools are a part of the neighborhood in which they are located, they
are compact and conserve larger plots of land in the City, as well as residential and
commercial development, and they provide continuity between the generations and
help to keep citizens affectionate toward their neighborhoods and the City.
Dr. John Kern, representing the Roanoke Valley Historic Preservation
Foundation, commended Roanoke on being a city that is capitalizing on the
economic benefits of heritage tourism and Federal and State tax credits for
rehabilitation of historic properties. He advised that the Roanoke Valley Historic
Preservation Foundation is working with the City and Norfolk Southern on the
224
Virginian Railway Station which is considered to be a national register eligible
property and could receive tax credits as an important amenity to Carilion Medical
Center. He added that the Preservation Foundation is also working with the City of
Roanoke on an architectural survey, with cost sharing funds by the Preservation
Foundation, for the downtown historic district which would extend from Jefferson
Street north from Franklin Road and will add over 100 properties that will be eligible
to receive tax credits for rehabilitation. He invited the Members of Council to a
conference sponsored bythe Virginia Preservation Alliance during National Historic
Preservation Week on May 18 - 20.
PUBLIC HEARINGS:
ROANOKE CiViC CENTER-LICENSES: 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 7, 2001, at 3:15 p.m., or as soon thereafter as the
matter may be heard, to receive comments with regard to a proposal of the City of
Roanoke to provide office space, equipment rooms, storage space, locker and
training rooms, coaches' and trainers' offices and 50 parking spaces to Arena
Ventures, LLC, in connection with a license agreement between the City of Roanoke
and Arena Ventures, LLC, involving the use of the Roanoke Civic Center Coliseum,
for a period of five years, with up to a five year renewal, upon mutual agreement of
the parties, the matter was before the body.
Legal advertisement of the public hearing was
The Roanoke Times on Sunday, April 29, 2001.
published in
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the City Manager advising that Arena Ventures, LLC,
was formed as a joint venture between the National Basketball Association (NBA)
and SFX Concerts, Inc., (SFX) for the purpose of creating the National Development
Basketball League (NBDL) and to provide enhanced entertainment opportunities for
arenas with which it contracts; the concept was first introduced in May 2000 and
officials from Arena Ventures, LLC visited Roanoke on October 10, 2000; the City of
Roanoke began negotiations for an NBDL franchise on November 15, 2000; and
negotiations have concluded which provide Roanoke with the opportunity to be one
of eight initial franchises in the new league, was before Council.
225
It was further advised that capital improvements, in the amount of $3 million
to the Civic Center Coliseum, are required in order to meet the requirements of the
proposed license agreement; projected annual revenues are $921,832.00, while
projected annual expenses are $593,334.00, producing an estimated net annual
income of $328,498.00; and annual net income of this level will be sufficient to repay
the indebtedness proposed to be issued to support the capital improvements.
The City Manager transmitted a copy of a communication from the Roanoke
Civic Center Commission recommending execution of a License Agreement between
the City and Arena Ventures, LLC, as authorized by the Civic Center Commission at
its meeting on April 16, 2001.
The City Manager recommended that she be authorized to enter into a License
Agreement between the City and Arena Ventures, LLC, that will provide for: (1) use
of the Civic Center Coliseum and related facilities by Arena Ventures to provide a
certain number of National Basketball Developmental League games and a certain
number of events produced by SFX Concerts, Inc., in the Coliseum over a five year
period; (2) the City will make certain office space and other space available to Arena
Ventures for use during the term of the License Agreement; (3) authorization for
payment to Arena Ventures of an entertainment acquisition fee and to authorize
financial arrangements in connection with the License Agreement with Arena
Ventures; and (4) authorization for the City Manager to take such further action and
to execute such documents as may be reasonably necessary to provide for
implementation and administration of the License Agreement.
The City Manager further recommended that the City Clerk be authorized to
advertise a public hearing for Monday, June 4, 2001, or at such other time as the City
Manager may deem appropriate, for the purpose of receiving citizen input on the
issuance of $3 million in bonds under the Public Finance Act, inasmuch as Council
intends to provide funds by issuance of such bonds.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following ordinance. The motion was seconded by
Mr. Harris:
(#35298-050701) AN ORDINANCE authorizing the proper City officials to enter
into a License Agreement between the City of Roanoke and Arena Ventures, LLC,
that will provide for use of the Civic Center Coliseum and certain related facilities by
Arena Ventures to provide a certain number of National Basketball Development
League (NBDL) games and a certain number of events produced by SFX Concerts,
Inc., in the Coliseum over a five year period and that will require the City to make
certain improvements to the Coliseum and to provide certain office space and other
space to Arena Ventures for use during the term of the License Agreement; to
226
authorize the payment to Arena Ventures of an entertainment acquisition fee and to
authorize other financial arrangements in connection with the License Agreement
with Arena Ventures; to authorize the City Manager to take such further action and
execute such documents as may be reasonably necessary to provide for the
implementation and administration of the License Agreement; authorizing the City
Clerk to advertise a public hearing on the issuance of bonds; and dispensing with
the second reading of this Ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35298-050701. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35298-050701
was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................. -7.
NAYS: None ...........
Without objection by Council, the Mayor advised that the public hearing would
be closed.
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 withdrew his request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by Council.
The Mayor relinquished the Chair to the Vice-Mayor insomuch as he has a
conflict of interest in connections with a communication from the City Manager
recommending that Council set a public hearing as a request of Burton Electric
Signs, on behalf of First Citizens Bank, to install a projection sign on the building at
110 Church Avenue, S. W., which would encroach into the public right-of-way.
227
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 2, 2000 and Monday, April 16, 2001, which meeting was reconvened on
Thursday, April 19, 2001 for Roanoke City School Board Interviews, were before the
body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and
Vice-Mayor Carder ........................................................................................... -6.
NAYS: None ..................................................................................... -0.
(Mayor Smith abstained from voting.)
COMMITTEES-SPECIAL EVENTS: A communication from Samuel G. Oakey,
III, tendering his resignation as a member of the Special Events Committee, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Hudson and adopted by
the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and
Vice-Mayor Carder .......................................................................................... 6.
NAYS: None ........................................................................................ -0.
(Mayor Smith abstained from voting.)
SIGNSIBILLBOARDSIAWNINGS-LICENSES-SPECIAL PERMITS: A
communication from the City Manager advising that Burton Electric Signs, on behalf
of First Citizens Bank, has requested permission to install a projection sign on the
building at 110 Church Avenue, S. W., which would encroach into the public
right-of-way; the proposed sign would encroach approximately 18 inches into the
right-of-way and have 11 feet of clearance above the sidewalk; the right-of-way of
Church Avenue at this location is approximately 50 feet in width; and liability
228 -
insurance and indemnification of the City by the property owner shall be provided
by the property owner, was before Council.
The City Manager recommended that she be authorized to advertise a public
hearing, and following the public hearing, to execute the appropriate documents
granting a revocable license to property owners at 110 Church Avenue, S. W., to
allow installation of a sign encroaching approximately 18 inches into the
right-of-way of Church Avenue.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and
Vice-Mayor Carder ........................................................................................... -6.
NAYS: None .................................................................................... -0.
(Mayor Smith abstained from voting.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP-HOTEL ROANOKE CONFERENCE CENTER: The following reports
of qualification were before Council:
James P. Armstrong as a member of the Roanoke
Neighborhood Partnership Steering Committee to fill the
unexpired term of Mark E. Petersen, ending
November 30, 2001;
William White, Sr., to fill the unexpired term of
James D. Ritchie, resigned, ending April 8, 2003;
C. Clark Jones for a term ending September 18, 2003; and
Raymond D. Smoot, Jr., for a term ending
February 24, 2005, as Commissioners of the Hotel
Roanoke Conference Center Commission; and
Bob R. Caudle as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending
November 30, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
229
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and
Vice-Mayor Carder ..................................................................................... -6.
NAYS: None ....................................................................................... -0.
(Mayor Smith abstained from voting.)
The Mayor resumed the Chair.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CITY PROPERTY-WATER DEPARTMENT: The City Manager submitted a
communication advising that the City of Roanoke currently owns over 14,000 acres
of watershed and buffer property for the protection and preservation of the Carvins
Cove Reservoir and the Beaver and Falling Creek Reservoirs; watershed property
provides drainage from rainfall into the storage reservoirs and is the only source of
recharge; and buffer property, while beyond the divide of the watershed, provides
protection against intrusion upon the watershed property.
It was further advised that City policy provides that watershed property is not
for sale, while buffer property may be considered for lease or sale on an extremely
limited basis; the City receives requests periodically for the purchase of watershed
and buffer property from adjoining property owners; and recent requests have
identified a need to establish a policy for the sale of property within the City of
Roanoke water supply watersheds.
230 -
The City Manager recommended that Council adopt a proposed policy on the
sale of land in City owned watersheds to establish a consistent means of addressing
future requests.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
"A RESOLUTION approving and adopting the City of Roanoke Policy on the
Sale of Property within the City of Roanoke Water Supply Watersheds in accordance
with the City Manager's Letter to this Council dated May 7, 2001."
Mr. Harris moved the adoption of the resolution. The motion was seconded
by Mr. Carder.
Ms. Wyatt expressed concern with regard to the removal of trees near the
watershed which could lead to serious conditions relating to soil erosion and water
run-off.
Michael McEvoy, Director, Utilities, advised that agricultural activities with
regard to tree deforesting are not defined by the United States Government,
therefore, under covenants of the sale of the land at Carvins Cove, the purchaser
would not be permitted to harvest trees from the property.
Ms. Wyatt inquired as to any provisions relating to a property owner who
wishes to construct a house and remove all of the trees from his or her lawn;
whereupon, Mr. McEvoy advised that the property owner would be required to
comply with the requirements of Roanoke County for a single family residence which
would allow the property owner to clear only the area immediately surrounding the
home, and he was of the opinion that Roanoke County would not permit a property
owner to clear an entire ten to twenty acre lot.
Prior to voting on the matter, Ms. Wyatt requested a clarification with regard
to requirements imposed by Roanoke County.
Mr. White offered a substitute motion that the matter be tabled pending
clarification of Ms. Wyatt's question by City staff. The motion was seconded by
Mr. Harris and adopted.
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-BUDGET-
BILLINGS AND COLLECTIONS-CMERP-EQUIPMENT: The City Manager submitted
a communication advising that the Capital Maintenance and Equipment Replacement
231
Program (CMERP) has identified the need to replace three four-wheel drive utility
vehicles in the Police Department, one pickup truck in Building Services and one
pickup truck in Billings and Collections; the lowest bid, meeting specifications, for
utility vehicles was submitted by Magic City Motor Corporation, in the amount of
$27,237.00 per unit; Magic City Motor Corporation was the lowest bidder on the
pickup truck for Building Services, at a cost of $13,299.00, and a pickup truck for the
Department of Billings and Collections, at a cost of $14,071.00, said bids having met
all required specifications.
The City Manager recommended that bids be awarded as above set forth and
that she be authorized to issue purchase orders, for a total of $109,081.00; and that
Council appropriate funds from Fleet Management Prior Year Retained Earnings to
Fleet Management, Account No. 017-440-2642-9010.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35299-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35299-050701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
Mr. Harris offered the following resolution:
(#35300-050701) A RESOLUTION accepting bids made to the City for
furnishing and delivering utility vehicles and pickup trucks, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35300-050701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
232 -
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ........................................................................................ 7.
NAYS: None. 0.
BUDGET-INDUSTRIES: The City Manager submitted a communication advising
that Allegheny Construction Co., Inc., was awarded a contract, in the amount of
$1,300,883.00 at the November 6, 2000, meeting of City Council to provide for
extension of existing Blue Hills Drive, and grading three sites known as Tracts A, B,
and F; the contractor has proposed grading an additional site in RClT, Tract D, which
is next to one of the other sites currently under construction; the cost of additional
grading is based upon current contract prices; proposed grading of Tract D involves
approximately 300,000 cubic yards of earthwork and is proposed at a lump sum
amount of $868,500.00; and staff has reviewed the grading proposal and finds it
favorable to the City.
The City Manager recommended that she be authorized to execute Change
Order No. 1, in the lump sum amount of $868,500.00, with Allegheny Construction
Co., Inc., to provide for grading of Tract D at the Roanoke Centre for Industry and
Technology.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35301-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35301-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................. 7.
NAYS: None 0.
Mr. Harris offered the following emergency ordinance:
(#35302-050701) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 1 to the City's contract with Allegheny Construction Co., Inc., for
233
the grading of Tract D at the Roanoke Centre for Industry and Technology; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35302-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ -0.
POLICE DEPARTMENT-BUDGET-EQUIPMENT: The City Manager submitted
a communication advising that the City entered into a contractual agreement with
Thor, Inc., for construction of the New Police Building, in the amount of
$4,015,200.00 and 390 consecutive calendar days construction time; change orders
totaling $189,507.50 have been approved; a change in the communication/data
network system is necessaryto ensure compatibilitywith current equipment totaling
$30,081.00 and 12 additional days of contract time; due to inclusion of some funding
in the contract Schedule of Values, there is no net additional expense to the
contract; and the total contract amount of $4,204,707.50 will not change.
The City Manager recommended that she be authorized to execute Change
Order No. 11 for the above work with Thor, Inc., in the amount of $30,081.00 and 12
additional calendar days of contract time.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#35303-050701) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 11 to the City's contract with Thor, Inc., for a change of the
communication/data network system for the New Police Building Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35303-050701. The motion
was seconded by Mr. Harris and adopted by the following vote:
234 -
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ........................................................................................... 7.
NAYS: None .......
Ga
BUDGET-WATER RESOURCES-MAPS: The City Manager submitted a
communication advising that the Planning Assistance to States Program provides
for Federal matching funds to help localities support mapping and flood planning
activities; a five year program to provide digital topographic and orthophoto maps
of the City was developed with the U. S. Army Corps of Engineers; the first year of
the project has been successfully completed and mapping coverage for the northern
third of the City has been completed and received by the City; Phase II of the project
maps the central third of the City and is nearing completion, and map products will
be delivered to the City within the next 60 days; and Phase III of the program
includes mapping of the southern third of the City which will complete topographic
mapping.
It was further advised that an agreement between the City and the Corps of
Engineers has been developed which will provide for completion of topographic
mapping and orthophotography of the City; and the proposed contract has a cost of
$118,000.00 to the City of Roanoke, with Federal matching funds to be provided by
the Corps of Engineers.
The City Manager recommended that she be authorized to execute an
agreement for Phase III Water Resources Planning - Digital Mapping between the
City of Roanoke and the U. S. Army Corps of Engineers; that Council appropriate
$69,000.00 from the Capital Maintenance and Equipment Replacement Fund and
transfer $49,000.00 from Account No. 008-056-9654-9003 - Corps of Engineers
Mapping Project, to a new project account entitled, Corps of Engineers Mapping -
Phase II1.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35304-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
235
Mr. Harris moved the adoption of Ordinance No. 35304-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None ..................................................................................... -0.
Mr. Harris offered the following resolution:
(#35305-050701) A RESOLUTION authorizing the City Manager to enter into an
agreement with the U. S. Army Corps of Engineers to provide Phase III Water
Resources Planning - Digital Mapping products and services to the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35305-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS: The City
Manager submitted a communication advising that a project to expand the capacity
of the City's Water Pollution Control Plant (WPCP) to 62 million gallons per day
(MGD) average daily monthly flow for the maximum month and addition of collection
system capacity through the addition of two new interceptor lines was completed
in March 2000; upon completion of the project, questions arose as to the actual
capacity increase at the facility achieved by the new additions and modifications;
and increased facility flows, which occurred as a result of area rainfall, taxed and
exceeded the structural capabilities of the facilities to provide necessary levels of
treatment well before reaching the intended design flow.
It was further advised that a capacity study was undertaken to determine if a
capacity shortfall existed; with completion of the capacity study, there is reason to
believe that design capacity of the facility is indeed below 62 MGD average daily flow
236 -
for the maximum month; the capacity shortfall has been calculated to be between
10 to 14 MGD; ongoing negotiations with the Virginia Department of Environmental
Quality (DEQ) and the Virginia Department of Health (VDH) have resulted in
regulatory requirements that the City and partnering jurisdictions pursue additional
activities to resolve capacity issues at the facility; the proposed contract will result
in a preliminary engineering report to define necessary improvements to meet the
62 MGD requirements and will also provide engineering recommendations for
immediate addition of interim improvements·
The City Manager recommended that Council approve a contract for the above
described work and that she be authorized to execute a contract, in a form
acceptable to the City Attorney, with Stearns & Wheler, LLC, in the amount of
$342,681.00; that Council appropriate funds from Sewage Fund Retained Earnings
to Account No. 003-510-8360-9055; and establish accounts to receive funds from
partnering jurisdictions according to the 1994 Multi-Jurisdictional Contract·
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35306-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35306-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. 7.
NAYS: None
Mr. Harris offered the following resolution:
(#35307-050701) A RESOLUTION authorizing a contract with Stearns & Wheler,
LLC for engineering design services for the preparation of a detailed preliminary
engineering report regarding the current capacity of the City's Regional Water
237
Pollution Control Plant, evaluation of current operations, recommendations of
possible interim improvements to the existing treatment process, and certain other
items.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35307-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
FIRE DEPARTMENT: The City Manager submitted a communication
transmitting a resolution opposing passage of new fire and emergency medical
services standards by the National Fire Protection Association (NFPA), advising that
the Virginia Municipal League has requested local jurisdictions to adopt the
opposing resolution and forward a copy to NFPA prior to May 16, 2001.
The City Manager recommended that the resolution be adopted.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35308-050701) A RESOLUTION opposing the adoption of the proposed new
National Fire Protection Association (NFPA) 1710 and 1720 standards.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35308-050701. The motion
was seconded by Mr. Carder.
Mr. Bestpitch advised that it is unclear as to what Council is being requested
to oppose. He stated that he is not an expert in fire safety and appreciates the fact
that there is a nationwide association that provides scientifically based
recommendations on fire protection standards. He added that the only explanation
he has been given up to this point is that Council is being asked to oppose the
standards because they will pre-empt local authority and create a one size fits all
standard for the City of Roanoke and all cities and towns, and by definition, it would
appear that any national standard on any issue would pre-empt local authority. He
questioned why the City of Roanoke is suddenly reversing course by not supporting
NFPA standards when the City has taken pride in the fact that certain City
238
departments have been on the cuffing edge of meeting state-wide and national
standards and until he is provided with a sounder basis for opposing NFPA
standards, he could not support the resolution.
Ms. Wyatt concurred in the remarks of Mr. Bestpitch. She advised that 1710
and 1720 pertain to minimum response times and minimum fire coverage staffing
levels which have a direct relationship on the safety of those persons who live in the
community and she would not vote in favor of any regulation that would be less than
national standards.
Mr. Hudson concurred in the remarks of Mr. Bestpitch and Ms. Wyatt.
The City Manager was requested to describe the City's involvement in the
matter, the position of the Virginia Municipal League, and the recommendation of the
City Manager regarding 1710 and 1720.
The City Manager advised that the issue of NFPA standards is one of long
standing, and there have been numerous recommendations from the NFPA and the
City has chosen to voluntarily commit to certain standards. She stated that the Fire
Chief has forwarded a number of responses to the NFPA regarding the standards as
they were being developed in these two areas and his input and that of others was
not accepted, therefore, the matter will be presented at the national conference later
this month; and it was the intent of the Fire Chief, supported by the City Manager,
to oppose the two standards at the national conference. She explained that
correspondence was received from the Virginia Municipal League requesting each
Virginia locality to consider and to adopt a model resolution that was drafted by the
Virginia Municipal League. She added that the VML, as a single entity representing
the majority of cities, counties and towns in Virginia, looked at both the fiscal impact
of the standards which would become mandates and is of the opinion that the
proposed regulations will take away the decision making capability of the locality as
it relates to manpower and could impose a considerable financial burden on some
localities. She advised that it is the recommendation of the Fire Chief and the City
Manager that Council support the opposition to mandated staffing levels; and at the
present time, the City of Roanoke meets almost all recommendations on a voluntary
basis, however, it is objectionable that regulations would be mandated on the City
of Roanoke and other localities.
Following further discussion, Mr. White called for the question. The motion
was seconded by Mr. Harris and adopted, Council Member Bestpitch voted no.
239
Resolution No. 35308-050701 was adopted by the following vote:
AYES: Council Members Harris, White, Carder, and Mayor Smith ................. -4.
NAYS: Council Members Bestpitch, Hudson, and Wyatt ............................... 3.
CITY ATTORNEY:
CITY CODE-ROANOKE ARTS COMMISSION-CULTURAL SERVICES
COMMITTEE: The City Attorney submitted a written report in connection with
recommendations made by a committee appointed by Council to review and submit
recommendations on restructuring of certain of the City's authorities, boards,
commissions and committees, advising that one of the recommendations was to
merge the Roanoke Arts Commission with the Cultural Services Committee;
whereupon, he transmitted an ordinance which would combine and merge the two
entities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35309-050701) AN ORDINANCE amending Section 2-271, Powers and duties
of commission, of Article XlII, Gifts, Grants, Devises and Bequests to City, of Chapter
2, Administration, Code of the City of Roanoke (1979), as amended, in order to merge
the City's Cultural Services Committee with the Roanoke Arts Commission;
repealing Section 2-301.1, Cultural Services Committee, of Article XIV, Authorities,
Boards, Commissions and Committees - Generally, of Chapter 2, Administration,
Code of the City of Roanoke (1979), as amended; providing for an emergency, and
for an effective date.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35309-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
240
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, 2001.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-CABLE TELEVISION: A communication from Council Member
W. Alvin Hudson, Jr., Council's representative to the Roanoke Valley Regional Cable
Television Committee, transmitting the Roanoke Valley Cable Television Annual
Budget for Fiscal Year 2001-02, totaling $269,616.00, with the City's contribution
totaling $148,289.00, was before the body.
It was advised that the City of Roanoke, the County of Roanoke, and the Town
of Vinton jointly operate Roanoke Valley Television (RVTV); the station is located at
the Jefferson Center and currently employs five full-time staff members; on
June 8, 1992, Council approved the Roanoke Regional Cable Television Agreement,
which requires that the RVTV Operating Budget be approved by the governing
bodies of the city, the county, and the town; and funding for the operating budget
is shared by the three governments, based on the annual proportion of Cox Cable
subscribers located in each jurisdiction.
On behalf of the City's representatives to the Roanoke Valley Regional Cable
Television Committee, and as City Council's representative to the Committee,
Mr. Hudson recommended that Council approve the proposed RVTV budget for fiscal
year 2001-02, in the amount of $269,616.00, with the City's contribution totaling
$148,289.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35310-050701) A RESOLUTION approving the recommendation of the
Roanoke Valley Regional Cable Television Committee to approve the annual
operating budget for Fiscal Year 2001-2002 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.
241
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35310-050701. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None .................................................................................. -0.
BONDS/BOND ISSUES-BUDGET-WATER RESOURCES: Council Member
W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on
behalf of the Committee, advising that the City of Roanoke was notified by the
Commonwealth of Virginia Department of Health on May 2, 2000 that, due to possible
surface water influence, Crystal Spring could not be used as a water supply until the
water was treated for potential surface contaminants, which caused a loss of three
to four million gallons of water per day in the potable water supply of the City.
It was further advised that a preliminary engineering study determined the
most feasible method to treat Crystal Spring water was a membrane filtration
system; and two bids were received, following proper advertisement, for said
equipment.
The Bid Committee recommended that Council accept the bid of U. S. Filter
Wastewater Group, Inc., in the total amount of $320,063.40, to provide pilot testing
and detailed shop drawings for the proposed membrane filtration system, which will
guarantee the price of the equipment as above set forth; that the Director of Finance
be authorized to appropriate $320,063.00 from Water Fund Retained Earnings to an
account to be established entitled, Crystal Spring Water Treatment Equipment; that
Council adopt a resolution indicating the City's intent to reimburse itself from the
proceeds of General Obligation Bonds to be issued in the future; and that Council
reject the other bid received by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
242
Mr. Hudson offered the following emergency ordinance:
(#35311-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35311-050701. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................. -7.
NAYS: None 0.
Mr. Harris offered the following resolution:
(#35312-050701) A RESOLUTION declaring the City's intent to reimburse itself
from the proceeds of its general obligation public improvement bonds for certain
monies to be appropriated by the City for expenditures in connection with the
Crystal Spring Water Treatment Plant Project; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35312-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ........................................................................................... -7.
NAYS: None 0.
Mr. Harris offered the following emergency ordinance:
(#35313-050701) AN ORDINANCE accepting the bid of U. S. Filter Wastewater
Group, Inc., to provide pilot testing and detailed shop drawings for the proposed
membrane filtration system at the Crystal Spring Water Treatment Plant, and to
guarantee the price of the equipment to be subsequently supplied, upon certain
243
terms and conditions and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting all other bids ade
to the City for such work: and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35313-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-EQUIPMENT: Council Member W. Alvin Hudson, Jr.,
Chairperson, Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for purchase and installation of furniture
and equipment for the New Police Building located at 348 West Campbell Avenue,
which includes all office furniture, all conference room and meeting room furniture,
and 35 work stations, in accordance with contract documents as prepared by the
Office of the City Engineer.
It was advised that Harris Office Furniture Co., Inc. submitted the Iow bid, in
the amount of $229,786.00, with 30 consecutive calendar days for completion; and
funding in the amount of $240,000.00 is needed and is available in the New Police
Building, Account No. 008-052-9563.
The Bid Committee recommended that Council award the bid to Harris Office
Furniture and authorize issuance of a purchase order in the total amount of
229,786.00; and reject the other bid received by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35314-050701) A RESOLUTION accepting the bid of Harris Office Furniture
Co., Inc. for the purchase and installation of the office furniture and work stations
for the New Police Building, upon certain terms and conditions and authorizing a
purchase order therefor; and rejecting all other bids made to the City for such work.
244 -
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35314-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None 0.
BUDGET-WATER RESOURCES: Council Member W. Alvin Hudson, Jr.,
Chairperson, Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for exterior and interior painting of the
1,000,000 gallon Parkway standpipe potable water tank (between Falling Creek
Treatment Plant and the Town of Vinton).
The Bid Committee recommended that Council accept the bid of and award
a lump sum contract to Corfu Contractors, Inc. in the amount of $147,500.00, and 60
consecutive calendar days to complete the work; and reject all other bids received
by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35315-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35315-050701. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
245
Mr. Harris offered the following emergency ordinance:
(#35316-050701) AN ORDINANCE accepting the bid of Corfu Contractors, Inc.,
to paint the exterior and interior of the 1,000,000 gallon Parkway standpipe potable
water tank, upon certain terms and conditions and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for such work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35316-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
TRAFFIC-BUDGET-SIGNALS AND ALARMS-STREETS AND ALLEYS-TRAFFIC:
Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a
written report on behalf of the Committee, in connection with bids received by the
City for improvements and signalization at Hollins Road/Liberty Road, consisting of
turn lanes, road widening, and signal foundations at Hollins and Liberty Roads.
The Bid Committee recommended that Council accept the bid of and award
a unit price contract to H. & S. Construction Company, in the amount of $89,681.06
and 100 consecutive calendar days of contract time; and reject the other bid
received by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35317-050701) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
246 -
Mr. Hudson moved the adoption of Ordinance No. 35317-050701. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................. 7.
NAYS: None O.
Mr. Harris offered the following emergency ordinance:
(#35318-050701) AN ORDINANCE accepting the bid of H. & S. Construction
Company for the Improvements and Signalization at Hollins Road/Liberty Road
Project which consists of turn lanes, road widening, and signal foundations at
Hollins Road and Liberty Road, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for such work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35318-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None ............
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
BUDGET-HOUSING/AUTHORITY-GRANTS: Mr. Harris offered the following
resolution authorizing the City Manager to submit an approved Annual Update to the
Consolidated Plan for fiscal year 2001-2002 to the United States Department of
Housing and Urban Development (HUD) for final review and approval, and
authorizing the execution of the appropriate documents for acceptance of such
funding:
(#35319-050701) A RESOLUTION authorizing the City Manager to submit an
approved 5-Year Consolidated Plan to the United States Department of Housing and
247
Urban Development (HUD) for review and approval, and authorizing the execution
of the appropriate documents for the acceptance of such funding.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35319-050701. The motion
was seconded by Mr. Carder.
The City Manager submitted a communication advising that the U. S.
Department of Housing and Urban Development (HUD) requires that entitlement
localities, such as the City of Roanoke, submit a Five-Year Consolidated Plan, with
Annual Updates, in order to receive Community Development Block Grant (CDBG),
HOME Investment Partnership and Emergency Shelter funds.
Itwas further advised that funding for fiscal year 2001-2002 would be available
from the following sources:
New HUD Entitlements
Estimated Program Income
Estimated Carry-over
Subtotal
$ 3,068,000.00
683,704.00
157,000.00
$ 3,908,704.00
Estimated Leveraged Funds
$ 4,037,146.00
Total Estimated Budget
$ 7,945,850.00
The City Manager recommended that she be authorized to submit an approved
Consolidated Plan Annual Update to HUD for review and approval.
(For full text, see communication on file in the City Clerk's Office.)
Resolution No. 35319-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
BUDGET-FEE COMPENDIUM-WATER RESOURCES-SEWERS AND STORM
DRAINS: Mr. Harris moved that the following ordinance changing the rate structure
and establishing a revised rate schedule for septic tank disposal fees and for certain
248
water rates and related charges for services provided by the City, effective August
1,2001; and directing amendment of the Fee Compendium, be placed upon its first
reading:
(#35320) AN ORDINANCE changing the rate structure and establishing a
revised rate schedule for septic tank disposal fees and for certain water rates and
related charges for services provided by the City, effective August 1, 2001; and
directing amendment of the Fee Compendium.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Carder.
The City Manager submitted a communication advising that a team of staff
from the Department of Utilities and the Office of Billings and Collections has been
reviewing all aspects of the City of Roanoke's water and sewer rates, which included
examining billing data and current industry trends, benchmarking against other
utilities in the Roanoke Valley, as well as similar-sized municipal systems
throughout Virginia, and analyzing revenue sources to determine if the billings made
to various customer classes allocate costs appropriately; and as a result, the
committee has developed a utility rate restructuring plan that recommends the
following:
Develop a base charge that reflects the fixed costs (billing, metering,
fire protection, infrastructure, and administration) of operating the
utility systems.
Implement an increasing block (two-tier) rate structure to encourage
conservation.
Eliminate the current allowance for the first 200 cubic feet of water
consumption.
Establish a temporary water service system that meters actual
consumption to replace the existing fire hydrant permit system.
Apply the second tier conservation rate to the irrigation (sewer exempt)
meter class.
Establish connection fees on the actual infrastructure costs of new
connections and system capacities.
249
Reduce the monthly charges assessed to fire service stand-by
accounts.
Keep sewer rates unchanged pending development of a capital
facilities plan.
Increase septic tank disposal rates to reflect market conditions.
Make adjustments to miscellaneous service fees and charges.
It was further advised that the above changes, detailed in Exhibit A to the
report, will generate additional annual revenues estimated at $1,114,600.00 that will
be used to improve the utility system's aging infrastructure; however, the total
monthly water and sewer bill for residential customers will remain one of the lowest
in the region and state, increasing on average only $2.42 per month; certain water
rates will increase up to ten per cent, the monthly minimum 200 cubic foot allowance
for water consumption will be eliminated, and septic tank disposal fees will increase
to reflect market conditions; however, certain minimum charges for water services
will decrease; and even with the proposed rate changes, the City of Roanoke will
have one of the lowest rate structures in the Roanoke Valley and the lowest of
comparable sized utilities in the Commonwealth of Virginia; and the proposed
effective date for the changes is August 1, 2001.
It was explained that the rate restructuring plan will achieve the goals of
promoting water conservation, updating to rates that are market competitive,
reflecting current industry practice, establishing rates that fairly allocate costs, and
allowing capital investment in the City's utility infrastructure to better serve
Roanoke's citizens.
The City Manager recommended that Council approve the revised utility rate
restructuring plan as more fully set forth in Exhibit Aattached to the communication.
(For full text, see communication on file in the City Clerk's Office.)
Ordinance No. 35320, on its first reading, was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -6.
NAYS: Council MemberWyatt ............................................................... 1.
BUILDINGS/BUILDING DEPARTMENT-CITY PLANNING-CITY CODE-BUDGET-
FEE COMPENDIUM: Mr. Harris offered the following resolution amending the City's
250 -
Fee Compendium to provide for new and revised application, permit, inspection and
plan review fees in order to update current fees and promote uniformity with fees
charged by the City and surrounding localities, effective July 1, 2001:
(#35321-050701) A RESOLUTION amending the City's Fee Compendium to
provide for new and revised application, permit, inspection and plan review fees in
order to update current fees and promote uniformity with fees charged by the City
and surrounding localities.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35321-050701. The motion
was seconded by Mr. Carder.
The City Manager submitted a communication advising that in developing the
budget for fiscal year 2001-2002, City departments were asked to examine their
operations and find ways to re-engineer services to generate cost savings for their
departments, which effort resulted in a net reduction of 12 vacant positions, and a
$1.1 million reduction in departmental budgets; departments were also asked to look
at their fee structures and, where feasible, to propose fee schedule changes that
would establish some uniformity between the City of Roanoke and other localities
and, at the same time, enable the City to enhance the services it provides to its
customers; and accordingly, increases in building inspection and various permit
fees and parking ticket fees are being proposed.
Building Inspection and Various Permit Fees:
In an effort to establish uniformity of permit fees in the Roanoke Valley,
building department representatives from the City of Salem, Botetourt
County, Roanoke County and the City of Roanoke have agreed upon
changes to building inspection and various permit fees that will not
only promote consistency between localities, but also establish fees at
a level equal to the cost of services provided.
Adjustments to the fee schedule will generate an additional $178,500.00
in revenues that would enable the department to improve services,
work toward becoming self-supporting, and establish uniformity
between the City and its surrounding localities.
Parking Ticket Fees:
Downtown Roanoke, Incorporated, has recently received an increasing
251
number of complaints from downtown businesses that parking
violators are restricting their business because customers cannot find
convenient parking. Some downtown parkers find it less expensive to
park overtime on the street or in restricted parking zones and risk a
fine, than to park in one of the City's downtown garages or surface lots.
The revised parking ticket fee schedule, estimated to be $73,200.00, will
be used to benefit downtown parking operations, effective
September 1, 2001.
The City Manager recommended that Council take the following actions:
Adopt ordinances amending and reordaining City Code Section 20-33.1,
Penalties for unlawful parking, and Section 20-89, Same-Requirements;
obtaining license plate, tag or decal a condition precedent to discharge
of violation, to change certain parking fines; and
Amend the City's Fee Compendium to reflect the changes in building
inspection and various permit fees and parking ticket fees as shown on
Exhibits A and B attached to the communication.
(For full text, see communication on file in the City Clerk's Office.)
Resolution No. 35321-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
TRAFFIC-CITY CODE-BUDGET-FEE COMPENDIUM-LICENCES: Mr. Carder
offered the following emergency ordinance amending and reordaining Section 20-
33.1, Same-Requirements; obtaining license plate, tag or decal a condition precedent
to discharge of violation, of the Code of the City of Roanoke (1979), as amended, the
amended section to provide for an increase of certain penalties for unlawful parking
within the City of Roanoke:
(#35322-050701) AN ORDINANCE amending and reordaining §20-33.1, Same-
Requirements; obtaining license plate, taq or decal a condition precedent to
discharge of violation, of the Code of the City of Roanoke (1979), as amended, the
amended section to provide for the increase of certain penalties for unlawful parking
within the City of Roanoke; and providing for an emergency and for an effective date.
(For full text of Ordinance, see Ordinance Book No. 64.)
252 -
Mr. Carder moved the adoption of Ordinance No. 35322-050701. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, White, Bestpitch, Carder, and Mayor Smith---5.
NAYS: Council Members Hudson and Wyatt ................................................ 2.
TRAFFIC-CITY CODE-BUDGET-FEE COMPENDIUM-DISABLED PERSONS-
VIRGINIA WESTERN COMMUNITY COLLEGE: Mr. Harris offered the following
emergency ordinance amending and reordaining §20-89, Penalties for unlawful
_=arkinq, of the Code of the City of Roanoke (1979), as amended, the amended
section to provide for an increase of certain penalties for unlawful parking within the
City of Roanoke, effective September 1, 2001:
(#35323-050701) AN ORDINANCE amending and reordaining Section 20-89,
Penalties for unlawful parking, of the Code of the City of Roanoke (1979), as
amended, the amended section to provide for the increase of certain penalties for
unlawful parking within the City of Roanoke; and providing for an emergency and for
an effective date.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35323-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, White, Bestpitch, Carder, and Mayor Smith---5.
NAYS: Council Members Hudson and Wyatt ............................................. -2.
CITY CODE-BUDGET-TAXES: Mr. Harris offered the following ordinance
providing for an increase in the cigarette tax rate from $.0085 per cigarette to $.0135
per cigarette, effective July 1, 2001, and dispensing with the second reading of the
ordinance:
(#35324-050701) AN ORDINANCE amending and reordaining §32-190, Levied;
amount, Code of the City of Roanoke (1979), as amended, to provide for an increase
in the cigarette tax rate from $.0085 per cigarette to $.0135 per cigarette; providing
for an effective date of July 1,2001, and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
253
Mr. Harris moved the adoption of Ordinance No. 35324-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
and Carder ................................................................................................... -6.
NAYS: Mayor Smith .................................................................................. 1.
The Mayor advised that since there is no offsetting decrease in other City
taxes, the City of Roanoke is taking away more tax dollars from its citizens;
therefore, he could not support the increase in the cigarette tax.
CITY CODE-BUDGET-TAXES: Mr. White offered the following emergency
ordinance establishing a new transient occupancy tax rate, in the amount of seven
per cent of the total amount paid for room rental, effective on and after July 1,2001:
(#35325-050701) AN ORDINANCE amending and reordaining §32-240,
Levied; rate, Code of the City of Roanoke (1979), as amended, to establish a new
transient occupancy tax rate; providing for an effective date; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35325-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch,
and Carder ................................................................................................... 6.
NAYS: Mayor Smith .................................................................................. 1.
INSURANCE-BUDGET-CITY SHERIFF-PENSIONS: Mr. Harris offered the
following resolution electing to provide the Enhanced Health Insurance Credit
Program as provided in Section 2.1-20.1:7(b), Code of Virginia (1950), as amended,
for eligible current and future sheriffs and employees of such sheriffs, when retired,
as provided in Article 5, Chapter 1, Title 51.1, Code of Virginia:
254
(#35326-050701) A RESOLUTION electing to provide the Enhanced Health
Insurance Credit Program as provided in §2.1-20.1:7(b), Code of Virginia (1950), as
amended, for eligible current and future sheriffs and employees of such sheriffs,
when retired, as provided in Article 5, Chapter 1 of Title 51.1, Code of Virginia.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35326-050701. The motion
was seconded by Mr. Carder.
The City Manager and the Director of Finance submitted a joint
communication advising that effective July 1, 1999, the General Assembly
established a health insurance credit program that allows Virginia Retirement
System (VRS) retirees who were last employed as elected Constitutional officers,
Sheriffs, Sheriffs' deputies or employees of a local social service board to be eligible
for monthly assistance with the cost of their health insurance plan(s); the monthly
credit is based on the amount of $1.50 for each year of service, up to a maximum of
$45.00, with the cost of the credit to be paid by the Commonwealth of Virginia; and
criteria for receiving the health credit are:
· VRS retiree;
· 15 years of service credit under VRS;
· Retiree's portion of health insurance premium,
survivorship; and
Complete Forms VRS-76 and VRS-45.
without
It was further advised that in addition to the health insurance credit authorized
above, localities which participate in the Virginia Retirement System may elect to
provide an additional health insurance credit of $1.00 per month for each full year
of the retired member's creditable service, not to exceed a maximum monthly credit
of $30.00, with the cost of this additional health insurance credit to be paid by the
locality.
It was explained that the contribution rate to VRS for the Sheriff and deputies
as of July 1, 2001, is 12.50 per cent; to add the additional health insurance credit
would increase the contribution rate by .20 per cent of payroll or approximately
$14,340.00 annually; and total contribution rate would be 12.70 per cent.
255
The City Manager and the Director of Finance recommended that the employer
paid health credit program for VRS participants be approved, effective July 1,2001.
(For full text, see communication on file in the City Clerk's Office.)
Resolution No. 35326-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
CITY CODE-BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Harris offered the
following emergency ordinance providing for a supplemental payment to eligible
City of Roanoke Pension Plan retirees to attaining age 65, effective on and after
July 1, 2001:
(#35327-050701) AN ORDINANCE amending §22.1-5.1, Retirement supplement,
of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979),
as amended; providing for an effective date; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35327-050701. The motion
was seconded by Mr. Hudson.
The City Manager and the Director of Finance submitted a joint
communication advising that Council adopted Resolution No. 33845-051898 on May
18, 1998, providing a monetary supplement to eligible retired members of the City
of Roanoke Pension Plan; the supplement was intended to partially defray the cost
of health insurance, similar to supplements provided by other municipal retirement
systems, including the Virginia Retirement System (VRS); and the supplement was
paid as a general benefit funded from the operating department from which the
employee retired, rather than from the Pension Trust Fund.
It was further advised that Council adopted Ordinance No. 34799-050900 on
256
May 9, 2000, establishing the $159.00 supplement as a pension benefit to be paid
from the Pension Trust Fund; eligibility requirements for the benefit, effective
July 1, 2000, a City employee, less than age 65, retiring with 20 years or more of
creditable service; and the City Manager recommended delaying any modification
to the health care supplement until a comprehensive review could be completed.
It was explained that currently, 158 retirees receive the $159.00 monthly
supplement; there are an additional 149 retirees that are less than age 65 and retired
with 20 years or more of creditable service; of these 149 retirees, 18 received a
supplement granted in 1991 from the early retirement incentive plan; and these 18
retirees are receiving between $260 and $340 per month to age 65 and will not be
entitled to the $159.00 monthly supplement.
It was also explained that the proposed fiscal year 2001-02 budget
recommends that all employees retired as of July 1, 2001, with 20 or more years of
service, under age 65, and not receiving the early retirement incentive plan
supplement granted in 1991, receive a monthly health care supplement equivalent
to 75 per cent of the allowance provided active City employees toward the cost of
health care insurance until age 65"; and this benefit would be funded by payroll
contributions to the Pension Plan, at an actuarial estimated cost of 0.19 per cent of
payroll, or $118,150.00 annually.
(For full text, see communication on file in the City Clerk's Office.)
Ordinance No. 35327-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None-
BUDGET-PENSIONS: Mr. Harris offered the following emergency ordinance
providing for a three per cent cost of living raise for City retirees, effective
July 1, 2001:
(#35328-050701) 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 providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35328-050701. The motion
was seconded by Mr. Hudson.
257
The City Manager and the Director of Finance submitted a joint
communication advising that eligible members of the City of Roanoke Pension Plan
received a 2.4 per cent permanent cost-of- living adjustment (COLA) on July 1,2000,
which was the sixth consecutive COLA provided to eligible retirees; and following
discussion with other municipal retirement systems, the following is recommended:
Effective July 1, 2001, and payable July 31, 2001, provide a three
per cent permanent increase to a member's or surviving spouse's
annual retirement allowance. This increase does not apply to any
incentive payments made under the Voluntary Retirement Incentive
Program established by Ordinance No. 30473-41591, adopted
April 15, 1991, or to the retirement supplement established by
Ordinance No. 34799-050900, adopted on May 9, 2000. The increase
applies to those retirees who retired on or before July 1, 2000.
Approximately 1,323 of 1,376 retirees, or 96 per cent of those receiving
benefits as of March 31, 2001, will be eligible for the increase. The
average annual increase in retirement allowance is $275.00 costing the
pension fund an additional $363,825.00 annually.
The actuarial cost of a three per cent permanent COLA is estimated at
$3.5 million to be funded over the next 20 years through the annual
payroll contribution rate.
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 share of cost for funding the COLA
for retirees.
The City Manager and the Director of Finance recommended that the three
per cent cost of living raise for qualified retirees be approved by Council.
(For full text, see communication on file in the City Clerk's Office.)
Ordinance No. 35328-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
258
BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Harris offered the following
resolution in connection with a matching contribution on behalf of City employees
to the ICMA Deferred Compensation Plan, effective on and after July 1, 2001:
(#35329-050701) A RESOLUTION relating to payment of a matching
contribution of not less than five dollars nor more than twenty-five dollars to the
International City Management Association Retirement Corporation Deferred
Compensation Plan on behalf of any nontemporary employee of the City who makes
a contribution of an equal amount on his or her own behalf to such Plan; and
repealing Resolution No. 34797-050900, adopted May 9, 2000.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35329-050701. The motion
was seconded by Mr. Hudson.
The City Manager and the Director of Finance submitted a joint
communication advising that on May 12, 1997, Council authorized the first matching
contribution of $5.00 to the International City Management Association Retirement
Corporation (ICMA-RC) deferred compensation plan on behalf of any non-temporary
employee of the City who made a contribution of $5.00 or more per pay period;
subsequently, Council increased the employer matching contribution from $5.00 to
$10.00 for fiscal year 1999, from $10.00 to $15.00 the next fiscal year, and from
$15.00 to $20.00 for fiscal year 2001; and participation increased from 30.8 per cent
before the City match program to 75.7 per cent as of April 12, 2000.
The City Manager and the Director of Finance recommended that the employer
match be increased to $25.00 per pay period with the pay check of July 3, 2001.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Angela Norman, 1731 Michael Street, N. W., a City employee, advised that
the resolution provides that any non-temporary City employee who makes a
contribution of an equal amount to be not less than $5.00 nor more than $25.00 shall
have the same credited to his or her deferred compensation retirement account. She
stated that in the past, certain managerial employees received $8,500.00 annually
which was credited to their deferred retirement plan, however, she did not see the
provision defined in the resolution under consideration by Council. She inquired if
all City employees will receive the maximum amount of $25 bi weekly, where is the
provision for the $8,500.00 reported in the budget for certain managerial employees,
259
and if the $8,500.00 is still applicable to those employees, why is there a continued
difference in this allotment which greatly enhances the life style of these employees
over rank and file City employees.
The Director of Finance advised that Ms. Norman is referring to the $8,500.00
contribution to the International City Management Association Deferred
Compensation Plan approved by Council for Council-appointed officers. He
explained that in fiscal year 2000-01, Council adopted an ordinance establishing
contribution rates for its five Council-appointed officers and the measure will
continue to be in effect until it is amended by Council.
Resolution No. 35329-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... 0.
DIRECTOR OF FINANCE-BUDGET: The Director of Finance submitted a
certificate advising that funds required for the 2001-02 General Fund, Water Fund,
Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Capital Projects
Fund, Department of Technology Fund, Materials Control Fund, Management
Services Fund, Fleet Management Fund, Risk Management Fund, School Fund,
School Food Service Fund and Grant Fund budgets will be available for
appropriation.
(For full text, see certificate on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the certificate would be
received and filed.
BUDGET: Mr. White offered the following emergency ordinance adopting the
annual General Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 2001, and ending June 30, 2002, in the total amount of
$191,346,097.00:
(#35330-050701) AN ORDINANCE adopting the annual General Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
260
Mr. White moved the adoption of Ordinance No. 35330-050701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Bestpitch, Carder,
and Mayor Smith ..................................................................................... -6.
NAYS: None ......... ~).
(Council Member Wyatt abstained from voting inasmuch as she is employed by the
Roanoke City School System and the ordinance appropriates funds to Roanoke City
Public Schools.)
BUDGET-WATER RESOURCES: Mr. Harris offered the following emergency
ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total amount
of $13,953,658.00:
(#35331-050701) AN ORDINANCE adopting the annual Water Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35331-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 6.
NAYS: Council MemberWyatt ........... 1.
SEWERS AND STORM DRAINS-BUDGET: Mr. Harris offered the following
emergency ordinance adopting the annual Sewage Treatment Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending
June 30, 2002, in the total amount of $10,841,945.00:
(#35332-050701) AN ORDINANCE adopting the annual Sewage Treatment Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
261
Mr. Harris moved the adoption of Ordinance No. 35332-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
BUDGET-ROANOKE CIVIC CENTER: Mr. Harris offered the following
emergency ordinance adopting the annual Civic Center Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002,
in the total amount of $4,536,814.00:
(#35333-050701) AN ORDINANCE adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35333-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None ...................................................................................... -0.
BUDGET-TRANSPORTATION FUND: Mr. Hudson offered the following
emergency ordinance adopting the annual Transportation Fund Appropriation of the
City of Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002,
in the total amount of $2,043,043.00:
(#35334-050701) AN ORDINANCE adopting the annual Transportation Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35334-050701. The motion
was seconded by Mr. Harris and adopted by the following vote:
262
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ........................................................................................ 7.
NAYS: None ............................................................................ --0.
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: Mr. Harris offered the
following emergency ordinance adopting the annual Capital Projects Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002, in the amount of $2,150,000.00.
(#35335-050701) AN ORDINANCE adopting the annual Capital Projects Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35335-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ....................................................................................... -7.
NAYS: None ...................
BUDGET-CITY INFORMATION SYSTEMS: Mr. White offered the following
emergency ordinance adopting the annual Department of Technology Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and
ending June 30, 2002, in the amount of $4,208,276.00.
(#35336-050701) AN ORDINANCE adopting the annual Department of
Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 2001, and ending June 30, 2002; and declaring the existence of an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35336-050701. The motion
was seconded by Mr. Harris and adopted by the following vote:
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AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -7.
NAYS: None ......................................................................................... -0.
BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency
ordinance adopting the annual Materials Control Fund Appropriation of the City of
Roanoke for the fiscal year beginning July 1,2001, and ending June 30, 2002, in the
total amount of $93,052.00:
(#35337-050701) AN ORDINANCE adopting the annual Materials Control Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35337-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
BUDGET-MANAGEMENT AND BUDGET: Mr. Harris offered the following
emergency ordinance adopting the annual Management Services Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending
June 30, 2002, in the total amount of $124,552.00:
(#35338-050701) AN ORDINANCE adopting the annual Management Services
Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001,
and ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35338-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
264
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .......................................................................................... 7.
NAYS: None 0.
BUDGET-FLEET MAINTENANCE FUND: Mr. Harris offered the following
emergency ordinance adopting the annual Fleet Management Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending
June 30, 2002, in the total amount of $5,996,486.00:
(#35339-050701) AN ORDINANCE adopting the annual Fleet Management Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35339-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
BUDGET-RISK MANAGEMENT FUND: Mr. Harris offered the following
emergency ordinance adopting the annual Risk Management Fund Appropriation of
the City of Roanoke for the fiscal year beginning July 1, 2001, and ending
June 30, 2002, in the total amount of $11,063,159.00:
(#35340-050701) AN ORDINANCE adopting the annual Risk Management Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35340-050701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
265
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance
adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 2001, and ending June 30, 2002, in the total amount of
$99,170,021.00:
(#35341-050701) AN ORDINANCE adopting the annual School Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35341-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 6.
NAYS: None ..................................................................................... -0.
(Council Member Wyatt abstained from voting inasmuch as she is employed by the
Roanoke City School System and the ordinance appropriates funds to Roanoke City
Public Schools.)
BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance
adopting the annual School Food Service Fund Appropriation of the City of Roanoke
for the fiscal year beginning July 1, 2001, and ending June 30, 2002, in the total
amount of $4,521,314.00:
(#35342-050701) AN ORDINANCE adopting the annual School Food Service
Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001,
and ending June 30, 2002; and declaring the existence of an emergency.
266
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35342-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Bestpitch, Carder,
and Mayor Smith .............................................................................................. -6.
NAYS: None ..........................
(Council Member Wyatt abstained from voting inasmuch as she is employed by the
Roanoke City School System and the ordinance appropriates funds to Roanoke City
Public Schools.)
BUDGET-GRANTS: Mr. Harris offered the following emergency ordinance
adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1,2001, and ending June 30, 2002, in the total amount
of $317,926.00:
(#35343-050701) AN ORDINANCE adopting a portion of the annual Grant Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and
ending June 30, 2002; and declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35343-050701. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None
POLICE DEPARTMENT-PAY PLAN-BUDGET-FIRE DEPARTMENT-CITY
EMPLOYEES: Mr. Harris offered the following emergency ordinance:
(#35344-050701) AN ORDINANCE to adopt and establish a Pay Plan for officers
and employees of the City, effective July 1, 2001; providing for certain salary
adjustments and merit increases; authorizing annual salary increments for certain
267
officers and employees for use of private motor vehicles; authorizing annual salary
increments forsworn 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 of the 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 payment of a monthly stipend to certain board and
commission members; repealing Ordinance No. 34794-050900, adopted May9, 2000,
to the extent of any inconsistency; and providing for an emergency and effective
date.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35344-050701. The motion
was seconded by Mr. Hudson.
Ms. Angela Norman, 1731 Michael Street, N. W., a City employee, advised that
the ordinance provides for certain salary adjustments, and a merit increase itemizes
those situations that may necessitate an employee receiving additional
remuneration, and provides the City Managerwith the autonomy to approve bonuses
and/or salary adjustments as she deems appropriate. She stated that Council has
been overly careful in its efforts not to micro-manage; however, bonuses and
additional salary adjustments represent a cost factor to taxpayers. She added that
the City Manager is the City's gate keeper, but City Council is the citizens' watch dog
over expenditures of tax dollars; therefore, she suggested that Council monitor and
request detailed reports with regard to all bonuses and/or salary adjustments above
and beyond normal merit increases.
Resolution No. 35344-050701 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
268
CITY CLERK-BUDGET: Mr. Harris offered the following emergency ordinance
authorizing and approving the establishment of a new position entitled Assistant
Deputy Clerk in the Office of the City Clerk, effective July 1, 2001:
(#35345-050701) AN ORDINANCE authorizing and approving the establishment
of a new position entitled Assistant Deputy Clerk in the Office of the City Clerk;
providing for an effective date; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35345-050701. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................................ -7.
NAYS: None O.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
PAY PLAN-CITY EMPLOYEES: Council Member Hudson requested a briefing
by the City Manager in regard to the City's Pay and Classification Plan.
ROANOKE MEMORIAL HOSPITALS-SPORTS COMPLEX-TRAFFIC: Council
Member Harris called attention to a concern expressed by a citizen with regard to the
appearance of unlimited parking along the street that borders River's Edge Sports
Complex from Franklin Road to Carilion Roanoke Memorial Hospital. He requested
that the matter be referred to the City Manager for investigation and report to
Council.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
There being no further business, the Mayor declared the meeting in recess at
5:30 p.m., to be reconvened on Thursday, May 10, 2001, at 12:00 noon, for the
269
purpose of holding the Second Leadership Summit at the Boxtree Lodge which is
located off of Hardy Road on Hammond Drive in Roanoke County, said meeting to
be hosted by Roanoke County.
The regular meeting of Roanoke City Council which was declared in recess
on Monday, May 7, 2001, until 12:00 noon, on Thursday, May 10, 2001, at the Boxtree
Lodge, located off Hardy Road on Hammond Drive, Vinton, Virginia, was called to
order by Mayor Ralph K. Smith.
PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt,
William D. Bestpitch and Mayor Ralph K. Smith ................................................... -4.
ABSENT: Council Members Willilam H. Carder, C. Nelson Harris and
William White, Sr.- ............................................................................................. 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Stephanie M. Moon, Deputy City Clerk.
OTHERS PRESENT: Delegate C. Richard Cranwell, Virginia House of
Delegates; Delegate A. Victor Thomas, Virginia House of Delegates;
Chairman H. Odell "Fuzzy" Minnix, Roanoke County Board of Supervisors; Board
Member Joseph B. Church, Roanoke County Board of Supervisors; Board Member
Bob L. Johnson, Roanoke County Board of Supervisors; Board Member
Harry C. Nickens, Roanoke County Board of Supervisors; Chairman
Kirby E. Richardson, Bedford County Board of Supervisors; Board Member
Bobby G. Pollard, Bedford County Board of Supervisors; Board Member
William G. Loope, Botetourt County Board of Supervisors; Board Member
Wanda C. Wingo, Botetourt County Board of Supervisors; Council Member
Robert R. Altice, Vinton Town Council; Council Member Bradley E. Grose, Vinton
Town Council; Council Member Thomas A. Rotenberry, Vinton Town Council; Mayor
Carl E. Tarpley, Jr., City of Salem; Jennifer Faulkner, Aide representing
Congressman Bob Goodlatte; Allison Baird, Aide representing Senator
John S. Edwards; Brian Shepherd, Aide to Delegate A. Victor Thomas;
Elmer C. Hodge, Roanoke County Administrator; William C. Rolfe, Bedford County
Administrator; Gerald A. Burgess, Botetourt County Administrator; Richard E. Huff,
II, Franklin County Administrator; Forest Jones, Salem City Manager;
B. Clayton Goodman, III, Vinton Town Manager; George C. Snead, Jr., Roanoke City
Assistant City Manager for Operations; Christopher Slone, Roanoke City Public
270
Information Officer; Paul M. Mahoney, Roanoke County Attorney;
John M. Chambliss, Jr., Roanoke County Assistant Administrator for Human
Resources; Diane D. Hyatt, Roanoke County Finance Director; Dan O'Donnell,
Roanoke County; Kathi Scearce, Roanoke County; Mary Allen, Clerk, Roanoke
County Board of Supervisors; Brenda Holton, Deputy Clerk, Roanoke County Board
of Supervisors; Beth Doughty, Executive Director, Roanoke Regional Chamber of
Commerce; Philip Sparks, Executive Director, Roanoke Valley Economic
Development Partnership; Wayne Strickland, Executive Director, Roanoke
Valley-Alleghany Regional Commission; and Joyce Waugh, Roanoke Regional
Chamber of Commerce.
The Invocation and the Pledge of Allegiance to the Flag of the United States
of America was led by Chairman Minnix.
Mayor Smith advised that the purpose of the meeting is to hold the Second
Greater Roanoke Valley Leadership Summit of the Roanoke Valley governing bodies,
which was agreed upon at a meeting held on January 8, 2001, hosted by the City of
Roanoke.
At this point, Mayor Smith relinquished the chair to Chairman Minnix.
The Chairman welcomed everyone to the meeting, and expressed appreciation
for use of the recreation center at Boxtree Lodge.
The meeting was declared in recess at 12:35 p.m., for lunch.
The business session was reconvened at 1:00 p.m.
Chairman Minnix asked for a moment of silence in recognition of
Wayne Compton, Roanoke County Commissioner of the Revenue, who passed away
on Tuesday, May 9, 2001.
In connection with the agenda, Mr. Minnix advised of two additional items
relating to Port of Entry and Regional Identity.
REVIEW OF THE METROPOLITAN STATISTICAL AREA (MSA) DESIGNATION
AS A RESULT OF THE RECENT CENSUS: Mr. Strickland presented a briefing on
proposed changes to the Metropolitan Statistical Area designations as a result of the
recent census.
(For full text, see data on file in the City Clerk's Office.)
Chairman Minnix stated that a study committee should be established;
government officials should submit three names selected from elected governmental
officials, administrative officials and citizens; and forward the names to the Clerk of
the Roanoke County Board of Supervisors.
271
There being no further discussion, Chairman Minnix expressed appreciation
to Mr. Strickland for his remarks.
ECONOMIC DEVELOPMENT: Ms. Doughty presented a briefing on a regional
economic development strategy focusing on technology. She commented on the
following ten reasons why being a member of the Roanoke Regional Chamber of
Commerce is a good investment: new business contacts, referrals, legislative action,
community information, professional development, small business assistance,
health insurance, leadership training, workforce development, and publicity and
ex pos u re.
Ms. Doughty advised that the Fifth Planning District Regional Alliance was
established in 1997 to promote cooperation among jurisdictions and to improve
economic competitiveness of the region; the Alliance has been the recipient of
approximately $1 million from Virginia's Regional Competitiveness Program; and
has provided seed money for more than 17 multi-jurisdictional projects, including
the Blue Ridge Parkway Interpretative Center, Pulaski Commerce Park, Greenfield
Education & Training Center, Roanoke Higher Education Center, the Japanese
Saturday School, regional sports marketing effort of the Roanoke Valley Convention
and Visitors Bureau, redevelopment of the old CSX property in the Town of Clifton
Forge, and the Workforce Development Center in Franklin County.
She further advised that at its March 1,2001 meeting, the Alliance Board voted
unanimously to pursue the development of an economic strategy for the region and
its neighbors based upon Roanoke Metropolitan Statistical Area data; and the latest
figures on adjusted gross income for married couples illustrated that while Virginia
experienced an 18.3% increase in adjusted gross income between 1990 and 1998,
the region had an increase of 7.2%, and the 1998 per capita income for Virginia was
$29,957.00, while the per capita income for the region was $25,117.00.
Ms. Doughty pointed out that the Regional Alliance seeks to create a "road
map" to prosperity for the region; the process should identify the critical steps
necessary to prosper and grow in the future; and a committee of the Alliance
consisting of representatives from the public and private sectors met and are
developing a Request for Proposals for a "business strategy," which identifies the
need and looks at possibilities with a strong focus on technology but does not
overlook manufacturing and service sectors.
In closing, Ms. Doughty commented that the region will have a Road Map to
the future -- a road map to share and integrate the work of governments,
organizations, and agencies; the region will identify action steps needed to achieve
272 -
prosperity and to move the strategy forward; the region will have a process for
monitoring progress in implementation; and the Regional Alliance will have a guide
for using regional competitiveness funds.
Chairman Minnix expressed appreciation to Ms. Doughty for her remarks.
PORT OF ENTRY: Mr. Sparks presented a briefing with regard to an
application for a Port of Entry, advising that currently the New River Valley Port of
Entry has its boundaries in the general area encompassing the Dublin Airport in
Dublin, Virginia; and the Dublin International Airport serves as the Office for the U. S.
Customs Official serving the Port of Entry and the Foreign Trade Zone.
He further advised that the advantage for local companies in the New River
Valley is that they can have local clearance and inspection of cargo, as well as
speedy resolution of any problems locally, allowing companies participating to avoid
long delays in clearing customs; in some cases, inspection and clearance could take
a month or longer, resulting in costly delays for companies waiting for critical
manufacturing parts or equipment; and by having the Port of Entry boundaries
expanded to include the Greater Roanoke Region, the companies will receive the
same benefits as those in the New River Valley.
He commented that there is already a bonded warehouse under development
on Municipal Road, a short distance from the Roanoke Regional Airport; and with
the Roanoke Region being included in the Port of Entry, companies could
immediately forward shipments directly via "paired entry" utilizing Customs Port
#1481 for clearance and have shipments enter Roanoke; and within two weeks, an
announcement to be made to include Bedford County.
Chairman Minnix expressed appreciation to Mr. Sparks for his remarks.
REGIONAL IDENTITY: The Chairman asked for comments with regard to
holding regular meetings to discuss mutual interests of the local governing bodies.
Ms. Burcham commented that correlation of cities and counties would
strengthen representation in Richmond, and the localities should work together to
speak with one voice when addressing legislation.
Other comments were to continue meeting, offer something concrete instead
of in theory, pool resources, and continue to have open dialogue in order to work
together as a region.
273
Ms. Wyatt agreed with the abovestated comments, but expressed concern
with regard to research/trends in larger communities, and suggested that additional
staff be hired to investigate where the world is going so that the localities could stop
playing "catch up".
Since it was the consensus of the group to continue to meet on a regular
basis, Vice-Chairman Kirby Richardson, Bedford County Board of Supervisors,
offered to host the third Greater Roanoke Valley Leadership Summit on Thursday,
July 12, 2001, in Bedford, Virginia. It was agreed upon that the next Leadership
Summit will be held in Bedford, Virginia, and information will be forwarded at a later
date as to time and location.
There being no further business, Chairman Minnix adjourned the meeting at
1:45 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
~~.~~~~Ralph K Smith
Mayor
274
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 21, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
May 21, 2001, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to
Resolution No. 35270-040201 adopted on April 2, 2001.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor
Ralph K. Smith ................................................................................................. -6.
ABSENT: Council MemberW. Alvin Hudson .............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp,
Assistant City Attorney; Ann A. Shawver, Manager of Accounting Services; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Frank W. Feather,
Pastor, Forest Park Baptist Church of Roanoke.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS
ACTS OF ACKNOWLEDGMENT: The Mayor welcomed a delegation of
Ukrainian professionals who are visiting the United States and focusing on
environmental issues, with an interest in learning more about how industry and
government work together to improve the environment and to gain information about
the toxic release inventory system being implemented in the United States.
PROCLAMATIONS-HOSPITALS: The Mayor presented a Proclamation
declaring Saturday, May 26, 2001 as Lifeguard 10 Day in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
275
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to three requests for Closed Meetings to
discuss the performance of two Council-Appointed officers; 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; and to
discuss personnel matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by Council. The Mayor requested an
additional closed session to discuss a personnel matter in regard to employment of
a person by the City for a specific purpose, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
COMMITTEES-CITY COUNCIL: A communication from Council Member
C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss a personnel matter with regard to the
performance of two Council-Appointed officers, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
276 '
Mr. Harris moved that Council concur in the request to convene in a Closed
Meeting to discuss a personnel matter with regard to the performance of two
Council-Appointed officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................. --6.
NAYS: None .................................................................................... -0.
(Council Member Hudson was absent.)
PURCHASE/SALE OF PROPERTY-CITY MANAGER: A communication from the
City Manager requesting that Council convene in a Closed Meeting to discuss a
matter with regard to acquisition of real property for public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section
2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: None ...................................................................................... -0.
(Council Member Hudson was absent.)
INDUSTRIES-SALE/PURCHASE OF PROPERTY-CITY PROPERTY: A
communication from the City Manager advising that during the grading and
development of three new sites (Tracts A, B and F), in the Roanoke Centre for
Industry and Technology (RClT), two adjoining property owners have requested
small portions of real property to be conveyed to adjoining property owners; i.e.:
Blue Hills Golf Corp. and Anderson Wade Douthat, et al, was before the body.
277
The City Manager recommended that she be authorized to advertise a public
hearing on the disposition of surplus property and, lacking any comments to the
contrary, execute all necessary agreements and other documents to convey real
property owned by the City of Roanoke (Grantee is to be responsible for all title
work, surveying, plat preparation, and preparation of legal documents), subject to
certain terms and conditions acceptable to the City Manager, as follows:
Blue Hills Golf Corp., approximately 14,000 square feet of property; and
Anderson Wade Douthat, et al, approximately 12,000 square feet of
property.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Hudson was absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: A communication from
Lu Jean Bedard tendering her resignation as a member of the Roanoke Arts
Commission, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
278
COMMITTEES-CITY MANAGER-OATHS OF OFFICE-HOUSING/AUTHORITY-
COMMUNITY PLANNING-ROANOKE ARTS COMMISSION: The following reports of
qualification were before Council:
Rolanda A. Johnson as Assistant City Manager, effective
May 1, 2001;
Brenda A. Powell as a member of the Fair Housing Board
for a term ending March 31, 2004; and
Alfred T. Dowe and Richard A. Rife as members of
the City Planning Commission for terms ending
December 31, 2004.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .........................................................................................
(Council Member Hudson was absent.)
COUNCIL: A communication from Mayor Ralph K. Smith requesting that
Council convene in a Closed Meeting to discuss a personnel matter relating to
employment of a person by the City for a specific public purpose, pursuant to
Section 2.1-344(A)(1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss a personnel matter relating to employment of a
person by the City for a specific public purpose, pursuant to Section 2.1-344(A)(1),
Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and
adopted by the following vote:
279
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
INDUSTRIES-ECONOMIC DEVELOPMENT: Camille Lounds, Director, Virginia
Highlands Film Office, advised that the film industry is a $50 billion per year
business. She stated that her office is working on four movies for the area,
following approval by the publicity departments of the production agencies,
announcements will be made; and she is currently negotiating with Vogue Magazine
on a fashion photo shoot to take place in the City Market area. She advised that the
economic impact by the film industry is immense and a major feature film could
generate $100,000.00 per day into the economy of the Roanoke Valley, and she has
visited abroad on several occasions promoting the Commonwealth of Virginia to the
film industry. She explained that three regional film offices will be established in
Virginia: a state office, a central office and a regional office. In summary, she stated
that in the near future, she will submit a funding request to the City of Roanoke.
Without objection by Council, the Mayor advised that the remarks of
Ms. Counds would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City
School Board requesting that Council close-out 46 school grants that have been
completed, with outlays totaling $11,736,173.02, was before the body.
A report of the Director of Finance recommending that Council concur in the
request, was also before the body.
Mr. Harris moved that Council concur in the request. The motion was
seconded by Mr. Carder and adopted.
280
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate the following funds:
$780,210.00 from the 2000-01 Capital Maintenance and Equipment
Replacement Fund, to provide monies for textbook adoptions,
administrative technology requests, school bus replacement, facility
maintenance equipment, school plants radios, school playground
improvements, maintenance vehicle replacement, cafeteria table
replacement, roof replacement, and elementary school improvement.
$36,459.00 for the SummerYouth Employment Program for the summer
of 2001, to provide training and hands-on experience for disadvantaged
or handicapped youth from the inner City, with the goal of enhancing
employment potential, developing employment competencies, and
earning academic credit toward a high school diploma, 100 per cent to
be reimbursed by Federal funds.
$5,000.00 for the Western Virginia Regional Science Fair; participating
school districts contribute toward the cost of the fair, with a local
match cost to Roanoke City; and the additional appropriation request
represents fees received for the continuing program.
A report of the Director of Finance recommending that Council concur in the
request was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35346-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and School Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64).)
Mr. Harris moved the adoption of Ordinance No. 35346-052101. The motion
seconded by Mr. Carder and adopted by the following vote:
281
AYES: Council Members White, Wyatt, Carder, Harris, and Mayor Smith ....... 5.
NAYS: None ......................................................................................... -0.
(Council Member Bestpitch was out of the Council Chamber when the vote was
recorded.)
(Council Member Hudson was absent.)
BONDS-VIRGINIA TECH-LOANS: A communication from Charles P. Shimer,
representing the Industrial Development Authority of Montgomery County,
requesting concurrence in a resolution adopted by the Authority and approval of a
loan for the benefit of Virginia Tech Foundation, Inc., to assist in financing a portion
of the cost of acquiring a two-acre parcel of land and construction of an 11,000
square foot building located at 121 Duke of Glouchester Street in the City of
Roanoke to be owned by the Foundation and used by its WVTF Radio Station, with
other portions of the proceeds to be used to finance facilities in Blacksburg and
Alexandria; was before Council.
(For full text, see communication and supporting documents on file in the City
Clerk's Office.)
Mr. Harris offered the following resolution:
(#35347-052101) A RESOLUTION concurring in the Montgomery Authority
Resolution and approving the issuance of Bonds through the Industrial Development
Authority of Montgomery County, in a principal amount not to exceed $2,700,0000.00
with respect to the Roanoke Project, for the benefit of the Virginia Tech Foundation,
Inc., as required by Section 147(f) of the Internal Revenue Code and Sections 15.2-
4905 and 15.2-4906 of the Virginia Code, to assist in the financing of the Roanoke
Project.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35347-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Hudson was absent.)
282
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a
communication advising that construction of the Roanoke River Interceptor Sewer
Replacement project was completed in June 2000 and portions of the old sewer line
remain in service; the City's contract with Black & Veatch, Consulting, Engineers,
remains open to determine if and how any of the old sewer line should continue to
be used in connection with the new interceptor line; and it is necessary to perform
a television inspection of the old sewer line to locate any remaining service
connections, locate improper connections and to assess the condition of the pipe
for possible rehabilitation at a future time.
It was further advised that an amendment has been negotiated with Black &
Veatch, in the amount of $75,000.00, to prepare bidding documents for television
inspection and to provide an evaluation of the feasibility of rehabilitating the old
sewer line.
The City Manager recommended that she be authorized to execute
Amendment No. 5 with Black & Veatch, in the amount of $75,000.00; and that Council
authorize transfer of $75,000.00 from Roanoke River Interceptor, Account No. 003-
056-8485, to a new account entitled Roanoke River Interceptor Sewer Rehabilitation.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#35348-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35348-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
283
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Hudson was absent.)
Mr. White offered the following resolution:
(#35349-052101) A RESOLUTION authorizing the City Manager's issuance of
Amendment No. 5 to the City's contract with Black & Veatch to perform a television
inspection of the old sewer line to locate any remaining service connections, locate
improper connections and to assess the condition of the pipe for possible
rehabilitation at a future time for the Roanoke River Interceptor Sewer Project.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35349-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Hudson was absent.)
BUDGET-SIDEWALK/CURB AND GUTTER: The City Manager submitted a
communication advising that H. & S. Construction Company was awarded a
contract, in the amount of $644,350.00 on a unit price basis at the June 22, 2000
meeting of Council, to provide new sidewalk and curbs on various streets to be
designated within the City; and two blocks location on the south side of Cove Road,
N. W. were designated in the contract and have been completed.
It was further advised that the contract is still open and the contractor has
agreed to unit prices in Phase V-A to complete the remaining portion of the south
side of Cove Road, N. W. between Abbott Street and Hershberger Road; and
construction should begin as soon as all property rights are acquired by the City.
284
The City Manager recommended that she be authorized to execute Change
Order No. 1, in the amount of $75,000.00 and 90 additional days of contract time, with
H. & S. Construction Company for completion of curb, gutter and sidewalk on the
south side of Cove Road, N. W. between Abbott Street and Hershberger Road; and
that Council appropriate $75,000.00 to Account No. 008-052-9608-9003, New
Concrete Sidewalks, Entrances and Curb - Phase V-A.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#35350-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35350-052101. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ................................................................................... -0.
(Council Member Hudson was absent.)
Mr. White offered the following emergency ordinance:
(#35351-052101) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 1 to the City's contract with H. & S. Construction Company for the
completion of curb, gutter and sidewalk on the south side of Cove Road, N. W.
between Abbott Street and Hershberger Road for the New Concrete Sidewalks,
Entrances and Curb Phase V-A Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
285
Mr. White moved the adoption of Ordinance No. 35351-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
BUDGET-BRIDGES: The City Manager submitted a communication advising
that Memorial Bridge has substantially deteriorated since the 1998 inspection and
currently needs more than $1,000,000.00 in concrete repairs and rehabilitation;
engineering services are required to detail the extent of the repairs; after proper
advertisement, consultant qualification proposals were received on March 2, 2001;
a Selection Committee selected the firm of Hayes, Seay, Mattern & Mattern, Inc., as
the most qualified firm for the proposed work; and a consultant contract has been
negotiated in the amount of $179,850.00.
The City Manager recommended that she be authorized to execute an
Engineering Services Contract, in the amount of $179,850.00, with Hayes, Seay,
Mattern & Mattern, Inc., to provide preliminary design/investigation, final design and
construction administration for rehabilitation of Memorial Bridge; and that Council
authorize transfer of $200,000.00 from Hunter Viaduct, Account No. 008-052-9636 to,
a new account to be established by the Director of Finance, entitled "Rehabilitation
of Memorial Bridge".
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35352-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35352-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
286
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ........................................................................................ -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
Mr. Harris offered the following resolution:
(#35353-052101) A RESOLUTION authorizing a contract with Hayes, Seay,
Mattern & Mattern, Inc., for engineering services for providing preliminary
design/investigation, final design, and contract administration for the rehabilitation
of Memorial Bridge.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35353-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member Hudson was absent.)
BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The City Manager
submitted a communication advising that the adopted budget for fiscal year 2001
includes an estimated $1,949,325.00 in salary lapse; salary lapse is the difference in
budgeted City employee salaries and actual salaries and is created through normal
employee attrition and the managed hiring and re-engineering efforts undertaken
during the year by City staff; at year-end, salary lapse created in departments is
credited against the budgeted total salary lapse figure and any excess salary lapse
generated is spread throughout the various departments to cover annual payroll
accrual and operational needs; and for fiscal year 2001, total estimated salary lapse
is $2,512,709.00.
The City Manager recommended that Council authorize the transfer of salary
lapse funds between accounts as listed in Attachment A to the report.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
287
(#35354-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35354-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
WRABA-SPECIAL SERVICE DISTRICT: The City Manager submitted a
communication advising that the Williamson Road Area Business Association, Inc.,
(WRABA) entered into a contract to administer Special Service District (SSD) funds
for the area on June 20, 1996 and the agreement has been renewed yearly; in the
contract, WRABA is limited to using 60 per cent of Special Service District funds on
overhead expenses; and when the contract was renewed in 2000, in a response to
a request from the Association to remove the 60 per cent limitation, the City Manager
suggested that the organization be polled to determine the overall support for the
change by its membership.
It was further advised that 237 Special Service District paying members of the
Williamson Road area were mailed a letter on February 6, 2001, requesting their
permission to remove the 60 per cent limitation and it was clearly noted in the letter
that if the ballot was not returned, it would be considered a vote for removal; each
entity was given until March 6, 2001, to return the ballot; as of March 7, 2001, 47
returned the ballots, with only 19 voting to keep the restriction; accordingly, an
amendment to the contract has been prepared to eliminate the 60 per cent
restriction.
The City Manager recommended that she be authorized to execute an
amendment to the present agreement dated June 20, 1996, between the City of
Roanoke and the Williamson Road Area Business Association, Inc., (WRABA) to
eliminate the restriction on the amount of Special Service District funds that may be
expended on overhead by the Williamson Road Area Business Association.
(For full text, see communication on file in the City Clerk's Office.)
288
Ms. Wyatt offered the following emergency ordinance:
(#35355-052101) AN ORDINANCE authorizing execution of Amendment No. 1
to the Williamson Road Area Service District Services Agreement between the City
of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA),
which will delete the restriction in such Agreement regarding overhead expenses;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35355-052101. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ -6.
NAYS: None ...................
(Council Member Hudson was absent.)
COURT COMMUNITY CORRECTIONS BOARD: The City Manager submitted
a communication advising that the General Assembly amended state law, Code of
Virginia (1950), as amended, Section 53.1-183, effective July 1, 2001, to change the
required membership of the Regional Community Criminal Justice Board; and the
statute no longer requires that a person from each governing body or city or county
manager or deputy city or county manager be appointed, but only that a person
representing the governing body be appointed.
It was further advised that the current Board is changed only in that Judge
Weckstein will replace Judge Honts, Chief Lavinder of the Roanoke County Police
Department has been added, and Chief Gaskins will replace George C. Snead as the
City's representative; and the Board will be comprised of up to 25 members.
The City Manager recommended that Council adopt a resolution and appoint
A.L. Gaskins to the Court Community Corrections Regional COmmunity Criminal
Justice Board and reconstitute the Board with the appointments as set forth in the
resolution.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
289
(#35356-052101) A RESOLUTION of the Council of the City of Roanoke,
establishing, by joint action of the Boards of Supervisors of the Counties of
Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils
of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the
membership of the Court-Community Corrections Regional Community Criminal
Justice Board to serve the region composed of those Counties and Cities.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35356-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ....................................................................................... -0.
(Council Member Hudson was absent.)
CITY ATTORNEY:
BRIDGES: The City Attorney submitted a written report advising that by letter
dated April 16, 2001, the City Manager concurred in the recommendation of the Bid
Committee that Council accept the bid of Lanford Brothers Co., Inc., for making
various repairs to four bridges within the City; and consistent with the
recommendation, Council adopted a measure which accepted the bid and authorized
the City Manager to execute appropriate documents for the work.
It was further advised that due to an error in drafting, Council's action was
taken in the form of a resolution; however, the City Charter requires that the action
be taken by ordinance; whereupon, the City Attorney recommended that Council
adopt an ordinance retroactive to April 16, 2001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35357-052101) AN ORDINANCE repealing and replacing Resolution No.
35285-041601; accepting the bid of Lanford Brothers Company, Incorporated, for
making various repairs to four bridges within the City, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; establishing an effective date; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
290
Mr. Harris moved the adoption of Ordinance No. 35357-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .................................................................................. -0.
(Council Member Hudson was absent.)
PARKS AND RECREATION: The City Attorney submitted a written report
advising that by letter dated April 16, 2001, the City Manager concurred in the
recommendation of the Bid Committee that Council accept the bid of Breakell, Inc.,
for certain improvements to City park softball/baseball fields; and consistent with
the recommendation, Council adopted a measure which accepted the bid and
authorized the City Manager to execute appropriate documents for the work.
It was further advised that due to an error in drafting, Council's action was
taken in the form of a resolution; however, the City Charter requires that the action
be taken by ordinance; whereupon the City Attorney recommended that Council
adopt an ordinance retroactive to April 16, 2001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35358-052101) AN ORDINANCE repealing and replacing Resolution No.
35286-041601; accepting the bid of Breakell, Inc., for making ballfield improvements
at two parks within the City, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for such work;
establishing an effective date; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35358-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ..................................................................................... -0.
(Council Member Hudson was absent.)
291
BUDGET-PURCHASE/SALE OF PROPERTY-RAILSIDE LINEAR WALK: The
Assistant City Attorney submitted a written report on behalf of the City Attorney
advising that the City has been negotiating for several months with the owners of
Official Tax Nos. 1010306 and 1010307, located at 119 and 117 Norfolk Avenue, S. W.,
respectively, to purchase the property; portions of the property are needed for the
City's Railside Linear Park, and the remainder of the property would be used by the
City to promote economic development; after protracted negotiations, the property
owners have agreed to sell the property to the City for $636,000.00, and agreed to
close on the property and convey same to the City on June 1,2001, with $50,000.00
of the purchase price to be disbursed at closing; the property owners would like to
retain possession of the building for 150 days after closing, with the balance of the
purchase price to be paid upon vacation of the premises; during the hold over
period, the property owners essentially would be tenants of the City, and would be
required to provide the City with insurance, to continue to pay utilities, and to be
responsible for all other things normally expected of a tenant; and during this hold
over period, the City could undertake the necessary work that needs to be done on
the premises for the Railside Linear Park Project, and the building would be
available for the City to show to economic development prospects.
The City Attorney transmitted an ordinance for consideration by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35359-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35359-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris ........... -5.
NAYS: None ........................................................................................... -0.
(Mayor Smith abstained from voting.)
(Council Member Hudson was absent.)
292
Mr. Bestpitch offered the following ordinance and dispensing with the second
reading:
(#35360-052101) AN ORDINANCE authorizing the proper City officials'
execution of an Agreement for Purchase and Sale of Real Estate, providing for the
City's acquisition of certain property, bearing Official Tax Nos. 1010306 and 1010307,
at 119 and 117 Norfolk Avenue, respectively, from Robert E. Zimmerman and Lynn
F. Zimmerman, which property is needed by the City for the Railside Linear
Park - Phase I Project; approving the purchase price to be paid for such property and
authorizing acceptance of a deed conveying such property to the City; and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35360-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris
NAYS: None ......................................................................................... -0.
(Mayor Smith abstained from voting.)
(Council Member Hudson was absent.)
REPORTS OF COMMITTEES:
BUDGET -WATER RESOURCES-SEWERS AND STORM DRAINS: Vice-Mayor
William H. Carder, Member, Bid Committee, presented a written report on behalf of
the Committee, advising that there are two drop inlets on Yellow Mountain Road,
near the intersection with Garden City Boulevard, that collect stormwater runofffrom
Yellow Mountain Road; the inlets release the collected water onto private properties
which do not drain naturally, therefore, stormwater ponds near homes and
businesses located on the properties; in order to redirect the runoff, the existing
storm drain system on Yellow Mountain Road needs to be connected to another
existing storm drain system; and construction plans have been completed to
connect the inlets on Yellow Mountain Road to an existing storm drain system on
Melcher Street.
The Bid Committee recommended that the City Manager be authorized to
enter into a contractual agreement with Virginia Infrastructure, Inc., in the amount
of $80,236.00 and 120 consecutive calendar days to construct the Garden City Storm
Drain Project Phase 7; that Council authorize transfer of $89,000.00 from Public
Improvement Bond Series 1996, Account No. 008-052-9701-9176, to Garden City
Phase 7, Account No. 008-052-9693; and reject all the other bids received by the City.
293
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35361-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35361-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35362-052101) AN ORDINANCE accepting the bid of Virginia Infrastructure,
Inc., to connect the inlets on Yellow Mountain Road to an existing storm drain
system on Melcher Street in connection with the Garden City Storm Drain Project -
Phase 7, upon certain terms and conditions and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35362-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
294
RECYCLING: A report of the Bid Committee in connection with recycling
services for paper, bottle and can commodities, was withdrawn by Vice-Mayor
Carder on behalf of the Bid Committee.
BUDGET-STREETS AND ALLEYS: Vice-Mayor William H. Carder, Member, Bid
Committee, presented a written report on behalf of the Committee, advising that
three bids for the 2001 Street Paving Program were received on May 1, 2001 and
were referred to the Bid Committee for review and report to Council; whereupon, the
Bid Committee recommended that Council approve the following actions:
Accept the bid of Adams Construction Company and authorize the City
Manager to enter into a contractual agreement with Adams
Construction Company, in the amount of $1,969,602.91 (which includes
Alternate 1), in a form to be approved by the City Attorney.
Appropriate $420,000 .00 in CMERP funding ($350,000.00 for Street
Paving and $70,000.00 for Public Works Service Center Paving) to
Street Paving Account No. 001-530-4120-2010.
Appropriate $35,000.00 in CMERP funding to a new Capital account to
be entitled Public Works Service Center Improvements.
Increase the revenue estimate by $197,949.00 in Street Maintenance
Revenue, Account No. 001-110-1234-0650, and appropriate to Street
Paving, Account No. 001-530-4120-2010.
Transfer $100,000.00 from Street Paving, Account No. 001-530-4120-
2010, to a new Capital account to be entitled Lincoln 2000 Project.
Transfer $100,000.00 from Street Paving, Account No. 001-530-4120-
2010 to Greater Gainsboro Infrastructure Improvements, Account No.
008-410-9625.
Reject all other bids received by the City.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
295
(#35363-052101) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35363-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35364-052101) AN ORDINANCE accepting the bid of Adams Construction
Company for paving and profiling of various streets, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35364-052101. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Hudson was absent.)
UNFINISHED BUSINESS:
INTRODUCTION AND
RESOLUTIONS:
None.
CONSIDERATION
OF ORDINANCES AND
296
WATER RESOURCES-SEWERS AND STORM DRAINS-FEE COMPENDIUM:
Ordinance No. 35320, in connection with a rate structure for septic tank disposal
fees and certain water rates, having previously been before the Council for its first
reading on Monday, May 7, 2001, 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:
(#35320-052101) AN ORDINANCE changing the rate structure and establishing
a revised rate schedule for septic tank disposal fees and for certain water rates and
related charges for services provided by the City effective August 1, 2001; and
directing amendment of the Fee Compendium.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35320-052101. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Bestpitch, Carder, Harris, and Mayor
Smith ....................................................................................................... 5.
NAYS: Council Member Wyatt-
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(Council Member Hudson was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
SCHOOLS: Vice-Mayor Carder commended the Roanoke City School Board
and School officials on a recently conducted tour of City schools for real estate
agents of the Roanoke Valley.
Council Member Bestpitch advised that he has a conflict of interest with
regard to Resolution No. 35319-050701, which was adopted by Council on Monday,
May 7, 2001, that authorizes the City Manager to submit an approved annual update
to the HUD Consolidated Plan for Fiscal Year 2001-2002, which Plan includes
funding for the YMCA. Inasmuch as his spouse is employed by the YMCA, he
requested that he be permitted to change his affirmative vote to an abstention.
Council unanimously concurred in the request.
297
Council Member Wyatt acknowledged the contributions of the Sheriff's Office
and City Jail inmates in connection with construction of the new joint training facility
for Fire and EMS personnel.
Council Member White requested that the matter of acknowledging the
contributions of Deborah Moses, Executive Director, Hotel Roanoke Conference
Center, and others in connection with resolving construction problems at the Hotel
Roanoke Conference Center be referred to the City Manager, City Attorney and City
Clerk for preparation of the proper measure for adoption by Council at its regular
meeting on Monday, June 4, 2001.
Council reaffirmed its opposition to the proposed routing of 1-73 through the
southeast quadrant of the City, and instructed the City Manager to communicate
Council's position to the appropriate Virginia Department of Transportation officials
and to the City's representatives to the General Assembly. (Mayor Smith voted no.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None
At 3:15 p.m. Council was declared in recess and immediately reconvened at
3:20 p.m. in the City Council's Conference Room for the purpose of conducting a
staff briefing with regard to Regional Refuse Collection.
The briefing recessed at 3:40 p.m. for a Closed Session. Council scheduled
the meeting to reconvene at 7:00 p.m.
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:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
298
On Monday, May 21,2001, at 7:00 p.m., the Roanoke City Council reconvened
in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members Jr., William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor
Ralph K. Smith ............................................................................................ -6.
ABSENT: Council MemberW. Alvin Hudson ........................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp,
Assistant City Attorney; Ann A. Shawver, Manger of Accounting Services; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer delivered by Council
Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. 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,
May 21,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of John G. Moore, Jr., that a tract of land lying at 1901 Memorial Avenue,
S. W., being a portion of Lot 15, Block 5, Section 1, Virginia Heights, identified as
Official Tax No. 1330303, be rezoned from C-1, Office District, to CN, Neighborhood
Commercial District, subject to conditions proffered by the petitioner, the matterwas
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose of the
request for rezoning is with regard to the property is at the corner of Memorial
Avenue and Denniston Avenue; it has a residential structure that was converted to
a business/residential use; there is an art gallery and framing business on the first
floor and the second floor is used as a residence; the owner was granted a special
299
exception by the Board of Zoning Appeals to operate a personal service
establishment; the special exception was limited to three years and will soon expire;
and rezoning the property to CN will allow operation of the business as a permitted
use, was before Council.
The City Planning Commission recommended that Council approve the
petition for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35365-052101) AN ORDINANCE to amend §36.1-3, 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 of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35365-052101. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35365-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................... 6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
Council authorized the City Manager to negotiate the acquisition of property
across Orange Avenue from the Roanoke Civic Center for construction of a multi-
purpose facility (stadium and amphitheater), at a project cost not to exceed $18
million, with a report back to Council on negotiations.
300
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 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Oakley L. Covey that property located at the northwest corner of the
intersection of Old Salem Road and Overland Avenue, S. W., located at 3233 Old
Salem Road, identified as Official Tax No. 5210402, be rezoned from LM, Light
Manufacturing District, to RS-2, Single-Family Residential District, subject to
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 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose of the
request for rezoning is with regard to said property which is currently zoned LM,
Light Manufacturing; its current use is single- family residential, with a two-story
home built in 1936; it is surrounded by commercial uses to the south and east, and
residential uses to the north and west; the current use of the property does not
conform to its zoning; and the petitioner's request is to maintain the property's
present use, traffic in the area would not be affected, the matter was before Council.
The City Planning Commission recommended that Council rezone Official Tax
Number 5210402 from LM, Light Manufacturing, to RS-2, Single Family Residential;
its current use is not in conflict with the adjacent uses, and will in the future
maintain the residential character of the neighborhood surrounding it to the north;
and rezoning of the said parcel will also minimize potential land use conflicts that
may arise in the neighborhood in the event of future commercial development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35366-052101) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City; and dispensing with the second
reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
301
Mr. Harris moved the adoption of Ordinance No. 35366-052101. The motion
was seconded by Mr. Carder.
Ross C. Hart, Attorney, appeared before Council in support of the request of
his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35366-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Hudson was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
May 7, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of CHS, Inc., and Calvert L. Saunders, Vice President, Administration,
Moore's Lumber and Building Supplies, Inc., represented by Michael G. Ballantyne,
that a tract of land located on the north side of Franklin Road, S. W., at its
intersection with Roberts Road, containing 7.2716 acres, more or less, identified as
Official Tax No. 1280602, be rezoned from C-2, General Commercial District, to LM,
Light Manufacturing District, subject to certain proffered conditions, subject to
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 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that on June 11,2000, the
property was rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District, 2000, subject to proffered conditions; a petition to rezone was
filed on March 22, 1001; the petitioner proposes to use the property for laundry
services and the processing of hospital foods to local and regional hospitals; a
second amended petition was filed on April 16, 2001; and a third amended petition
was filed on May 3, 2001 subject to certain conditions, was before Council.
302
The City Planning Commission recommended that Council approve the
proposed rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35367-052101) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35367-052101. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35367-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ -5.
NAYS: None ....................................................................... - ................... -0.
(Council Member Hudson was absent and Council Member White abstained from
voting.)
The City Manager presented a public hearing to receive citizen input on a
proposed conveyance of City-owned property identified as Official Tax Nos. 1010402
and 1010403, located at 143 Salem Avenue, S. W., to Roanoke Downtown Properties,
LLC, or its assigns; no action was taken.
CITY CODE: 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 7, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City of Roanoke that a proposed amendment to Section 7-1, Penalty
for violations of chapter, Section 7-3, Building commissioner appointed enforcinq
official, and Subsections (a) and (b) of Section 7-45, Appeals, of Chapter 7, Buildinq
303
Regulations; and amending subsection (d) of Section 36.1-327, Historic district
regulations; certificate of appropriateness, and subsection (f) of Section 36.1-345,
District regulations; certificate of appropriateness, of Chapter 36.1, Zoninq, Code of
the City of Roanoke (1979), as amended, to provide for code officials responsible
forinspections under, and enforcement and administration of, the property
maintenance code and all other codes within the building code, and the delegation
of authority of those officials., subject to 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 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a communication advising that authority to
administer the Virginia Uniform Statewide Building Code (USBC), including the
Building Maintenance Code (BMC), is assigned by the USBC to a "code official";
Section 7-3 of the City Code designates the City's building commissioner as the
City's building code official; however, the USBC allows a separate official to be
designated as the code official responsible for enforcement of the BMC.
It was further advised that prior to April, 2000, the BMC and the rest of the
USBC was administered by the Building Department, headed by the building
commissioner; and enforcement responsibility for the BMC has been moved from
the Building Department to the newly-formed Department of Housing and
Neighborhood Services; in order to align the legal authority to administer the BMC
with the City's current organizational structure, changes in the City Code are needed
to authorize the designation of a code official responsible for enforcement of the
BMC and to assign specific responsibilities currently held by the building
commissioner to that official; and the manager of the office administering the BMC
has the certification required by the state.
It was further explained included in these amendments are two changes to the
zoning ordinance regarding historic districts; and the Planning Commission held a
public hearing regarding these proposed amendments on April 19 and approved
them as submitted.
The City Manager recommended that Council amend Chapters 7 and 36.1 of
the Code of the City of Roanoke (1979), as amended, to authorize appointment of a
Building Maintenance Code official and assigning specific responsibilities and
authority to the Building Maintenance Code official and the Building Code official.
304
The City Planning Commissions recommended approval of the proposed
amendments as set forth.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35368-052101) AN ORDINANCE amending §7-1, Penalty for violations of
chapter, §7-3, Building commissioner appointed enforcin.q official, and subsections
(a) and (b) of §7-45, Appeals, of Chapter 7, Building Regulations; and amending
subsection (d) of §36.1-327, Historic district regulations; certificate of
appropriateness, and subsection (f) of §36.1-345, District regulations; certificate of
appropriateness, of Chapter 36.1, Zonin_~, of the Code of the City of Roanoke (1979),
as amended, to provide for code officials responsible for inspections under, and
enforcement and administration of, the property maintenance code and all other
codes within the building code, and the delegation of authority of those officials; and
dispensing with the second reading of the title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35368-052101. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35368-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
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, May 7, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke that a proposed amendment of Division
5, Special District Regulations, of Article III, District Regulations, by the addition of
a new subdivision entitled Subdivision H, INPUD, Institutional Planned United
Development District; and amending Section 36.1-562, Standards, of Division 12,
3O5
Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1,
Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new
institutional planned unit development district, was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a communication advising that Roanoke's zoning
ordinance currently provides for two Planned Unit Development (PUDs) Districts:
RPUD, Residential Planned Unit Development District, and IPUD, Industrial Planned
Unit Development District (IPUD); the RPUD district provides for mixed residential
and commercial uses; and the IPUD district provides for mixed industrial and
commercial uses.
It was further advised that the INPUD, Institutional Planned Unit Development
District, is being proposed to address the gap between these districts by providing
for institutional uses, mixed commercial uses, residential, and industrial uses in
accordance with an adopted institutional development plan; and in addition to the
amendment establishing INPUD District, an additional amendment to the Group Care
Facility section of the Zoning ordinance is proposed in order to include standards
for group care facilities in an INPUD district.
It was further explained that on December 18, 2000, City Council referred the
matter back to the Planning Commission for further study due to questions
regarding development plan requirements and provisions group care facilities; and
after considerable discussion by the Planning Commission and staff, the following
changes are proposed:
Residential uses are allowed as a permitted use.
Group group care facilities are included as a permitted use in the
INPUD district. Standards for these facilities are set forth in Section
36.1-560 et seq of the Zoning Ordinance. (Note that there is no 1,500
foot distance requirement between facilities because the location of
proposed facilities must be approved at the time the INPUD is reviewed,
or later by the Planning Commission.)
Underground utilities are not a requirement.
306
Application requirements have been revised to provide that ifa building
location or use is not known at the time of application that the future
development of the location must be approved by the Planning
Commission.
The City Manager recommended that Council approve the proposed INPUD
District regulations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35369-052101) AN ORDINANCE amending Division 5, Special District
Regulations, of Article III, District Regulations, by the addition of a new subdivision
entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and
amending of §36.1-562, Standards, of Division 12, Group Care Facilities, of Article
IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, to provide for a new institutional planned unit
development district; and dispensing with the second reading of the title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35369-052101. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. Thers being none, Ordinance No. 35369-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith ............................................................................................ 5.
NAYS: None ........................................................................................... -0.
(Council Member Hudson was absent.)
HEALTH DEPARTMENT-CITY PROPERTY-LEASES: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, May 7, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposed lease of City-owned property
307
located at 515 and 530 Eighth Street, S. W., identified as Official Tax Nos. 1113111
and 1113210, to the Commonwealth of Virginia Department of Health, for a period of
three years, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, May 13, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager recommended that execution of a new lease with the State
Department of Health.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35370-052101) AN ORDINANCE authorizing the lease of certain City-owned
property to the Commonwealth of Virginia, Department of Health, upon certain terms
and conditions; and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64)
Mr. Carder moved the adoption of Ordinance No. 35370-052101. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35370-052101
was adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Hudson was absent.)
SIGNS/BILLBOARDS/AWNINGS: 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 7, 2001, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to receive citizen input on a proposed encroachment of an overhead
projection sign extending at least 11 feet above the sidewalk and approximately 18
inches into the public right-of-way adjacent to property located at 110 Church
Avenue, S. W., identified as Official Tax No. 1012211, the matter was before the body.
308
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 4, 2001 and Friday, May 11, 2001.
(See publisher's affidavits on file in the City Clerk's Office.)
The City Manager submitted a communication advising that Burton Electric
Signs, on behalf of First Citizens Bank, has requested permission to install a
projection sign on the building at 110 Church Avenue, S. W., which would encroach
into the public right-of-way.
It was further advised the proposed sign would encroach approximately
eighteen (18)inches into the right-of-way of Church Avenue, and have eleven (11)
feet of clearance above the sidewalk; the right-of-way of Church Avenue at this
location is approximately fifty (50) feet in width; liability insurance and
indemnification of City by the property owner shall be provided by the property
owner as specified in the attached exhibit.
The City Manager recommended she be authorized to execute the appropriate
document granting a revocable license to the property owners at 110 Church
Avenue, S. W., to allow the installation of a sign encroaching approximately eighteen
inches into the right-of-way of Church Avenue, S. W.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance and dispensing with the second
reading of the title paragraph:
(#35371-052101) AN ORDINANCE granting a revocable license to permit the
construction and encroachment of an overhead projection sign extending at least
eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the
public right-of-way adjacent to the property located at 110 Church Avenue, S. W., and
bearing Official Tax No. 1012211, upon certain terms and conditions; and dispensing
with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35371-052101. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35371-052101
was adopted, on its first reading, by the following vote:
309
AYES: Council Members White, Wyatt, Bestpitch, Carder, and Harris ............ 5.
NAYS: None ........................................................................
(Council Member Hudson was absent and Mayor Smith abstained from voting.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, inquired as to the fate of
Victory Stadium in view of Council's previous motion to negotiate for acquisition of
property across Orange Avenue from the Roanoke Civic Center for construction of
a multi-purpose facility. He requested that Victory Stadium, at its current location,
continue to be used by the City.
Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with
regard to increased wages for the City work force.
The meeting was declared in recess at 8:00 p.m.
The meeting reconvened at 8:50 p.m.
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:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Hudson was absent.)
310
There being no further business, the Mayor declared the meeting adjourned
at 8:52 p.m.
Mary F. Parker
City Clerk
Mayor
311
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 4, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on
Monday, June 4, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter
2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetin.qs, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, W. Alvin Hudson, Jr., William White, Sr., and Mayor
Ralph K. Smith ................................................................................................. -6.
ABSENT: Council Member C. Nelson Harris ............................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of probable
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
312
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None .................................................................................. 0.
(Council Member Harris was absent.)
CITY COUNCIL: A communication from the Honorable C. Nelson Harris, Chair,
City Council Personnel Committee, requesting that Council convene in a Closed
Meeting to discuss the performance of two Council-Appointed Officers, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of Council Member Harris
to convene in a Closed Meeting to discuss the performance of two Council-
Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Bestpitch and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. --6.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.)
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
313
relating to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ................................................................................... ------0.
(Council Member Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess.
At 2:00 p.m., on Monday, June 4, 2001, the regular meeting of Roanoke City
Council reconvened in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor
Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City
Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the
City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, W. Alvin Hudson, Jr., William White, Sr., and Mayor
Ralph K. Smith ................................................................................................. -6.
ABSENT: Council MemberC. Nelson Harris .............................................. -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
314 -
PRESENTATIONS:
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL-DECEASED PERSONS:
Mr. White offered the following resolution memorializing the late William S. Hubard,
former Roanoke City Council Member:
(#35372-060401) A RESOLUTION in memory of William Stebbins Hubard, a
former member of Roanoke City Council, an expectional businessman and an
extraordinary community leader.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35372-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.)
PUBLIC HEARINGS:
BONDS/BOND ISSUES-ROANOKE CIVIC CENTER: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, and instructions by Council,
the City Clerk having advertised a public hearing for Monday, June 4, 2001, at 2:00
p.m., or as soon thereafter as the matter may be heard, to receive comments with
regard to a proposed resolution authorizing the City to contract a debt and to issue
general 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 principal amount of $3,000,000.00 for the purpose of providing funds
to pay the costs of a public improvement project of and for the City, consisting of
capital improvements to the Roanoke Civic Center, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, May 21, 2001, and Monday, May 28, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A joint communication from the City Manager and the Director of Finance
advising that on May 7, 2001, Council authorized City officials to enter into a License
Agreement between the City of Roanoke and Arena Ventures, LLC, that would
provide for use of the Civic Center Coliseum and certain related facilities by Arena
315
Ventures; Arena Ventures will use the facilities to provide a certain number of
National Basketball Development League games and a certain number of events
produced by SFX Concerts, Inc., over a five year period; and in order to meet
requirements of the license agreement, capital improvements to the Civic Center
Coliseum in the amount of $3 million are required, which funding will be provided
by the issuance of general obligation bonds by the City, was before Council.
The City Manager and the Director of Finance recommended that Council
adopt a resolution authorizing the issuance of $3 million general obligation bonds,
pursuant to the Public Finance Act of 1991 (Code of Virginia).
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35373-060401) A RESOLUTION authorizing the issuance of three million
dollars ($3,000,000.00) 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 a public
improvement project of and for such city, consisting of capital improvements to the
Roanoke Civic Center; fixing the form, denomination and certain other details of
such bonds; providing for the sale of such bonds; authorizing the preparation of a
preliminary official statement and an official statement relating to such bonds and
the distribution thereof and the execution of a certificate relating to such official
statement; authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; authorizing and providing for the issuance and
sale of a like principal amount of general obligation public improvement bond
anticipation notes in anticipation of the issuance and sale of such bonds; 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. 64.)
Mr. Carder moved the adoption of Resolution No. 35373-060401. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Resolution No. 35373-060401
was adopted by the following vote:
316 -
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ....................................................................................... ---6.
NAYS: None ................................................................... - .............. --0.
(Council Member Harris was absent.)
Council Member Wyatt expressed concern that the Civic Center facility is
currently booked to capacity, and because of the high activity level, she requested
a report from the City Manager with regard to the timetable for completion of one of
the exhibit halls and the funding mechanism.
The City Manager advised that the abovereferenced $3 million renovations can
be accomplished without hampering previously scheduled events, and the issue of
additional exhibit hall space was addressed with Council on a preliminary basis
during previous discussions regarding future needs of the Civic Center. She added
that the first $3 million is dedicated to those immediate improvements that are
needed to accommodate the various sports franchises, and in the long term, if
multiple events are to be scheduled in the facility, certain repairs and additional
exhibit hall space will be necessary.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
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 special sessions of Roanoke City Council held on
Monday, APril 23, 2001; the regular meeting held on Monday, May 7, 2001, and
recessed until Thursday, May 10, 2001, for the Second Annual Leadership Summit;
and the regular meeting held on Monday, May 21, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
317
Mr. White moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ........................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: A communication from
Robert E. Tonkinson, Jr., tendering his resignation as a member of the Board of
Trustees, City of Roanoke Pension Plan, effective June 30, 2001.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
TAXES-SPECIAL PERMITS: A communication from the City Manager advising
that the Blue Ridge Small Business Development Center, Inc., owner of properties
described as Official Tax Nos. 1130809, 1130719, 1130511, 1130512, 1130514,
1130515, and 1130516, has submitted an application for tax exemption, which land
is currently home to the New Century Venture Center, an incubator for small
businesses; and prior to considering the application, the Code of Virginia (1950), as
amended, requires that City Council hold a public hearing.
The City Manager recommended that she be authorized to advertise a public
hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to consider the application.
(For full text, see communication on file in the City Clerk's Office.)
318
Mr. White moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith 6.
NAYS: None ................................................................................... -0.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER:
The following report of qualification was before Council:
Minnis E. Ridenhour as a Commissioner of the Hotel
Roanoke Conference Center Commission for a term
ending February 24, 2005.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None ...................................................................................... 0.
(Council Member Harris was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
319
POLICE DEPARTMENT-HOUSING/AUTHORITY-EQUIPMENT: The City
Manager submitted a communication advising that when the Police Department
instituted the Community Oriented Police Effort (C.O.P.E.) in 1991, the Department
began investigating the reasons for the high number of calls and crime in Housing
Authority residences; the Police Department determined that the residents feared
those individuals who did not live in the complexes who were causing crime and
disorder, and trespassers, not residents, were committing the majority of offenses;
with the assistance of the Police Department, the Housing Authority started barring
these individuals from the properties that they controlled, but with only limited
success toward controlling the problem; and in the year 2000, the Barment Program
was developed which gave police officers the authority to bar individuals who were
observed committing criminal offenses on Housing Authority properties and enforce
trespassing laws for those individuals who had been previously barred.
It was further advised that the Police Department, using innovative
technology, has developed a "Trespassing Tracking System", which would provide
police officers with immediate access to photographs of barred individuals, along
with comprehensive personal data on each barred person; typically, trespassers on
Housing Authority properties carry no identification which makes identification by
police officers of individuals who have been barred difficult; without immediate
positive identification, the officer is unable to enforce trespassing laws and,
therefore, is unable to effectively carry out the barment program in an effort to
reduce crime and fear; using this system, police officers would have access, via a
laptop computer, to a database that would include all pertinent information on the
barred subject, along with a photograph for identification purposes; and the goal of
the program is to enhance the quality of life for residents living on Roanoke
Redevelopment and Housing Authority properties and to increase the safety of these
areas by removing those individuals who are the source of criminal activity and in
many instances prey upon residents who live in these communities.
It was explained that implementation of the program will require the purchase
of laptop computers, digital cameras, and software to build the database of barred
persons; and the Roanoke Redevelopment and Housing Authority would like to
provide $20,000.00 to the Roanoke Police Department to fund implementation of the
Trespassing Tracking System.
The City Manager recommended that Council accept and appropriate a
$20,000.00 grant from the Roanoke Redevelopment and Housing Authority into
accounts to be established by the Director of Finance in the Grant Fund for
expendable equipment; and establish a revenue estimate in the same amount in the
Grant Fund.
(For full text, see communication on file in the City Clerk's Office.)
320
Mr. Carder offered the following emergency ordinance:
(#35374-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35374-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ........................................................................................... --6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following resolution:
(#35375-060401) A RESOLUTION accepting and expressing appreciation for
the grant from the Roanoke Redevelopment and Housing Authority.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35375-060401. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ........................................................................................ -6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
DONATIONS/CONTRIBUTIONS-NORFOLK
VIRGINIA TRANSPORTATION MUSEUM: The
SOUTHERN CORPORATION-
City Manager submitted a
communication advising that Shenandoah-Virginia Corporation, a wholly owned
subsidiary of Norfolk Southern Railway Company, would like to donate the Number
1218 Steam Locomotive to the City of Roanoke; with Council's acceptance of this
gift, the locomotive will be showcased at the Virginia Museum of Transportation's
railyard, according to provisions outlined by Shenandoah-Virginia Corporation in
a draft agreement; and the Transportation Museum has agreed to insure the
locomotive and to maintain same as a part of the Museum's collection.
321
It was further advised that the donation of the 1218 will not take effect until
Center in the Square successfully obtains exclusive rights from O. Winston Link's
Estate to house the O. Winston Link Museum at the former Norfolk and Western
Railway Company passenger station, and until Center in the Square satisfies
Shenandoah-Virginia Corporation that locating the 1218 Locomotive at the Virginia
Museum of Transportation meets any and all of the Estate's conditions for obtaining
such rights.
The City Manager recommended that she be authorized to execute an
agreement, and any other necessary documents, in a form approved by the City
Attorney, to accept the donation of the 1218 locomotive from Shenandoah-Virginia
Corporation to be showcased at the Virginia Museum of Transportation and that the
City of Roanoke express appreciation for the donation.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35376-060401) A RESOLUTION authorizing the City Manager to execute an
Agreement, and any other necessary documents, for acceptance of the donation of
the 1218 Locomotive from the Shenandoah-Virginia Corporation, a wholly owned
subsidiary of Norfolk Southern Railway Company, and expressing appreciation for
the donation.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35376-060401. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................... 6.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.)
BUDGET-GRANTS-POLICE DEPARTMENT: The City Manager submitted a
communication advising that in 1986, Congress authorized the transfer of certain
Federally forfeited property to State and local law enforcement agencies that
participated in the investigation and seizure'of the property; application for an
equitable share of property seized by local law enforcement must be made to the
U. S. Department of Justice and certified by the City Attorney; and the property,
including funds shared with State and local agencies, may be used only for the
purpose stated in the application, i.e., narcotics investigations related to law
enforcement.
322
It was further advised that participation in Federally forfeited property
enhances the effectiveness of narcotics investigations by providing necessary
investigations equipment, investigative funds, overtime expenses, and offsets the
costs that would otherwise have to be borne by the City's taxpayers; and revenues
totaling $28,568.00 have been collected and are available for appropriation in Grant
Fund Account Nos. 035-640-3304-3305 and 035-640-3304-3306.
The City Manager recommended that Council appropriate $28,568.00 to the
Grant Fund, Account for Exp. Equipment (No. 035-640-3304-2035) and increase the
Grant Fund revenue estimate for Account No. 035-640-3304-3305 by $25,801.00 and
Account No. 035-640-3304-3306 by $2,767.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency Ordinance:
(#35377-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35377-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None--
(Council Member Harris was absent.)
BUDGET-FDETC-FIRST UNION NATIONAL BANK-ECONOMIC DEVELOPMENT:
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 states that First Union is responsible for
repaying $400.00 for each position below 420; an October 2000 compliance review
noted that only 335 First Union employees are now located in Enterprise Zone One;
the City of Roanoke recently received a check from First Union in the amount of
$34,000.00, representing repayment for 85 positions; and said funds need to be
appropriated to an account within the City's budget.
323
It was further advised that the penalty repayment provides an opportunity to
further maintain and stimulate economic activity within Enterprise Zone One;
currently, the Roanoke City Market Building (also located in Enterprise Zone One)
is in need of various repairs and improvements; and such improvements will sustain
business growth and expansion within the Market Building.
The City Manager recommended that Council appropriate First Union
repaymenl~ funds to an account to be established in the Capital Projects Fund by the
Director of Finance to be designated for Market Building Improvements.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35378-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35378-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ....................................................................................... ----0.
(Council Member Harris was absent.)
INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a
communication advising that in 1999, budget Ordinance No. 34214 appropriated
$450,000.00 in State Industrial Access Funds to Account No. 008-002-9700-9007 for
the Johnson & Johnson project; since the appropriation, the City has been notified
as to the ineligibility of this project for Industrial Access Funds, therefore, funds
must be de-appropriated; and the funds have not been received by the City or used
on any project; therefore, de-appropriation is the only required action and alternate
funding is not needed.
The City Manager recommended that Council de-appropriate funds in Account
No. 008-002-9700-9007, Johnson and Johnson Offsite Improvements, and reverse
the account receivable in the same amount in Account No. 008-1251, Industrial
Access Due From State.
(For full text, see communication on file in the City Clerk's Office.)
324
Mr. Carder offered the following emergency ordinance:
(#35379-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35379-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .......................................................................................... -6.
NAYS: None ................................................................................ -0.
(Council Member Harris was absent.)
BUDGET-CMERP-EQUIPMENT-WATER RESOURCES-SEWERS AND STORM
DRAINS-SIDEWALK/CURB AND GUTTER: The City Manager submitted a
communication advising that on October 2, 2000, Council concurred in funding
recommendations for fiscal year 2000-01 Capital Maintenance and Equipment
Replacement Program (CMERP); CMERP is used to fund equipment purchases,
maintenance and other one-time priority purchases; and approval by Council is
required for appropriation of funds from CMERP to various accounts to allow for
acquisition of the following:
National Pollution Discharge Elimination System (NPDES)
Phase 2 - $110,000.00
To prepare the required permit application and address
funding for this new EPA law which the City must comply
with beginning in 2003.
Miscellaneous Storm Drain Projects - $155,000.00
To provide for land acquisition, design and construction
of the City's highest-priority, small storm drain projects.
Curb and Gutter - $50,000.00
To provide curb and gutter required for the construction
of certain storm drain projects.
325
The City Manager recommended that Council appropriate $315,000.00 to
departmental accounts as follows:
$110,000.00 to an account in the Capital Projects Fund to be
established by the Director of Finance entitled, "NPDES Phase 2".
$155,000.00 to Miscellaneous Storm Drain, Account No. 008-530-9736.
$50,000.00 to an account in the Capital Projects Fund to be established
by the Director of Finance entitled, "Curb to Support Drainage
Projects".
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35380-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35380-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
WORKERS' COMPENSATION-CITY EMPLOYEES: The City Manager submitted
a communication advising that Workers' Compensation is defined as the "exclusive
remedy, under law, for all covered employees for compensating injuries and
occupational diseases arising in the course of and within the scope of
employment."; the City is currently self-insured for Workers' Compensation liability
with excess insurance above the $1,000,000.00 (per occurrence) level; funding has
been budgeted in the General Fund for the current fiscal year to cover Workers'
Compensation wage and medical payments; and these types of fringe benefits are
budgeted as a lump sum in the non-departmental category because annual charges
for each department are difficult to project accurately.
326
It was further advised that payments in the General Fund in fiscal year 2001
are expected to total $1,102,328.00 based on trends through April; expenses in fiscal
year 2001 are higher than they typically have been due to large medical costs; in
fiscal year 2001, there have been large individual payments for various heart
ailments, injuries and infections, many of which have dates of injury occurring prior
to fiscal year 2001; and funding to cover these payments is available from budgeted
Workers' Compensation supplemented by funding from the General Fund
contingency balance and residential detention services.
The City Manager recommended that Council authorize the transfer of
$1,102,328.00 to cover Workers' Compensation claims in departmental Workers'
Compensation accounts from the following sources:
Funding Sources:
Account No.
Amount
Workers' Compensation-Wages
Workers' Compensation-Medical
Contingency Fund
Residential Detention Services
001-250-9110-1135
001~50-9110-1140
001-300-9410~199
001-121-2130-2008
$400,000.00
$4OO,00O.OO
$152,328.00
$150,000.00
$1,102,328.00
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35381-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35381-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ....................................................................................... ---6.
NAYS: None ................................................................................ -------0.
(Council Member Harris was absent.)
HUMAN DEVELOPMENT-LEASES: The City Manager submitted a
communication advising that the State Department of Social Services is interested
in providing two classrooms, which will be used to provide computer training to the
Department of Social Services agency staff for the Piedmont region; Roanoke is the
327
largest agency in the region and presently staff is being sent to other locations such
as Richmond, Northern Virginia and Tidewater which requires overnight stay for
some seminars.
It was further advised that classrooms will utilize a 2,200 square foot area
adjacent to current leased space; and the rate is $30,984.00 annually which includes
the cost for renovations, with the cost to be reimbursed 100 per cent by the State.
The City Manager recommended that Council execute a lease agreement with
First Campbell Square, LLC, such agreement to be approved as to form by the City
Attorney, for 2,200 square feet for a lease term of five years, ending April 30, 2006;
and appropriate $30,984.00 to VISSTA, Account No. 001-630-5318-3075, and increase
the General Fund Revenue estimate by $30,984.00 in Account No. 001-110-1234-
0671.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35382-060401) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35382-060401. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
Mr. Carder offered the following resolution:
(#35383-060401) A RESOLUTION authorizing the City Manager to enter into
a lease agreement with First Campbell Square, LLC, for the lease of space at 210
First Street, for use by the City of Roanoke, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
328
Mr. Carder moved the adoption of Resolution No. 35383-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ........................................................................................... -6.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.)
POLICE DEPARTMENT-BUDGET-GRANTS-FIFTH PLANNING DISTRICT
COMMISSION-DISABILITY SERVICES BOARD: The City Manager submitted a
communication advising that the Fifth District Disability Services Board (DSB) is
responsible to local governments and serves as a critical resource for needs
assessment, information sharing and service opportunities for citizens with
disabilities, their families and the community; and 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.
It was further advised that the State Department of Rehabilitative Services has
allocated funds in the amount of $7,000.00 to the Fifth District DSB for the Brain
Injury Association of Virginia, to provide an education program in the Roanoke area;
the Brain Injury Association of Virginia will provide a local cash match of $701.00
which will also be used toward scholarship funds for program participants; funds
will be used to provide an education program in the Roanoke area, specifically to
provide 100 scholarships valued at $70.00 each for attendees to a full day's
conference on brain injury, featuring nationally recognized speakers; and this
project will be the first effort to conduct a brain injury education program in the
Roanoke area with a target audience of survivors of brain injury, caregivers and
service providers.
The City Manager recommended that Council appropriate $7,701.00 to Fees
for Professional Services in a grant fund account to be established by the Director
of Finance and create a corresponding revenue estimate from the State Department
of Rehabilitative Services to provide funding for the Fifth District Disabilities
Services Board.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35384-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
329
Mr. Carder moved the adoption of Ordinance No. 35384-060401. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
Council Member Wyatt suggested that law enforcement officers and attorneys
receive educational training with regard to persons suffering from head trauma.
CITY CODE-PARKS AND RECREATION-FEE COMPENDIUM: The City Manager
submitted a communication advising that on April 16, 2001, Council revised the
Alcohol Ordinance, City Code {}26-97, Possession or consumption of alcoholic
beverages, Article IV, Parks, Chapter 24, Public Buildings and Property, to allow,
pursuant to issuance of a City alcohol permit, the possession or consumption of
alcoholic beverages at certain specific locations: Elmwood Park, Mill Mountain Park,
Century Square, First Union Plaza and Mountain View; as the revised ordinance
stands, only 501(c) non-profit organizations would be allowed to apply for the City
alcohol permit; while the overall intent for the revision of the ordinance was to
include all sites within the City's park system where alcohol consumption should be
allowed, it was not intended to limit permits to non-profit organizations for all of the
listed locations; rather, the goal was to allow alcohol consumption at parties by not
only non-profit organizations, but also private individuals and for-profit entities at
Mountain View and the Discovery Center; and this clarification was unintentionally
omitted from the previous report, therefore, the ordinance was drafted based upon
the report.
It was further advised that alcohol consumption at parties by individuals and
for-profit organizations, as well as non-profit organizations, has been allowed at
Mountain View for a number of years because the facility is an ideal location for
weddings and receptions, and likewise, such events would be in high demand atthe
Discovery Center; these events would be allowed only after operational hours at the
Discovery Center; and the proposed revision would not permit alcohol consumption
at events held by individuals or for-profit organizations in Mill Mountain Park.
It was explained that the ordinance, as revised in April 2001, requires a
$500.00 damage/clean-up deposit for all events; however, it is recommended that the
ordinance be revised to reduce the refundable damage/clean-up deposit to $200.00
for events where alcohol will be served and $100.00 for events without alcohol,
because after discussing the deposit amount with users of the facilities, it is
believed that many renters would not be able to afford a $500.00 damage deposit.
330
The City Manager recommended that Council adopt an ordinance amending
and reordaining City Code §24-97, Possession or consumption of alcoholic
beverages, Article IV, Parks, Chapter 24, Public Buildings and Property; to allow for
consumption and possession of alcoholic beverages at events held by non-profit
entities, for-profit entities and individual entities, pursuant to issuance of a City
Alcohol Permit, at Mountain View and the Discovery Center; and that the Fee
Compendium be amended to reflect a new refundable damage/clean-up deposit of
$200.00 for events serving alcohol and $100.00 for events not serving alcohol.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35385-060401) AN ORDINANCE amending and reordaining subsection (b)
of §24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks,
of Chapter 24, Public Buildings and Property Generally, of the Code of the City of
Roanoke (1979), as amended, to allow for consumption and possession of alcoholic
beverages at private events, pursuant to issuance of a City alcohol permit, at
Mountain View and the Discovery Center; amending the Fee Compendium to reflect
a new refundable damage/clean-up deposit; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35385-060401. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, White, and Mayor Smith--5.
NAYS: Council Member Hudson ............................................................. 1.
(Council Member Harris was absent.)
REFUSE COLLECTION-RECYCLING: The City Manager submitted a statement
of concurrence in connection with a bid committee report regarding recycling
services.
The Bid Committee advised that the goal of the Solid Waste Management
Division is to begin commingled collection of recyclables from all residents on
July 1, 2001; the new program will allow residents to recycle a broader range of
products on a weekly basis, alternating between mixed paper products one week
and a mixture of metal, plastic and glass containers the following week; and
disposal services for paper commodities, as well as bottle and can commodities are
needed.
331
It was further advised that two separate bids were advertised; three responses
were received for paper commodities and two responses were received for bottle
and can commodities; considered together, the best bids were submitted by Cycle
Systems, Inc., and are dependant upon accepting both bids, with better pricing
offered for meeting a certain threshold; i.e.: if both commodities total less than 300
tons per month, Cycle Systems would charge $5.00 per ton for paper commodities
and bottles and cans would be disposed at $0.02 per pound ($40.00 per ton); if the
total for both commodities is greater than 300 tons per month, there would be no
charge by Cycle Systems for disposal of either commodity (recycling totals
averaged 128 tons per month from December 2000 through March 2001); and it is
anticipated that with proper promotion, education and the expansion of the
commingled program to all residences, Roanoke can achieve the 300-ton per month
goal.
The Bid Committee recommended acceptance of the bids submitted by Cycle
Systems, Inc., and that the City Manager be authorized to execute a contract with
Cycle Systems, Inc., to be approved as to form by the City Attorney (for acceptance
of both the paper commodities bid and the bottle and can commodities bid); and
reject all other bids received by the City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#35386-060401) A RESOLUTION authorizing the acceptance of two bids, and
execution of a contract with Cycle Systems, Inc., for the provision of recycling
services for paper commodities, and for bottle and can commodities, upon certain
terms and conditions, and rejecting all other bids received.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35386-060401. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
332
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the month of April, 2001.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
BUDGET: The Director of Finance submitted a written report advising that the
City of Roanoke's Internal Service Funds account for certain services provided to
City departments; 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's budget throughout various
departments based on estimated usage with usage varying from the original
estimates; each fiscal year, at this time, it is necessary to make appropriations
transfers between departments to provide sufficient funds for internal services for
the remainder of the fiscal year; and transfers do not increase the overall General
Fund budget, but reallocate amounts between departments.
The following is a summary of total transfers:
Department of Technology
Department of Technology -
PC Rental
Management Services
Risk Management Overhead
Fleet Management
Fleet Rental
Total
Budget Amount Transfers Revised Budget
Before Transfers In/Out Amount
$3,122,551.00 $0.00 $3,122,551.00
593,000.00 0.00 593,000.00
95,975.00 0.00 95,975.00
598,080.00 0.00 598,080.00
1,726,500.00 (44,348.00) 1,682,152.00
1,050~000.00 44,348.00 1,094~348.00
$7,186,106.00 $0.00 $7,186~106.00
The Director of Finance recommended that Council adopt a budget ordinance
which will accomplish the required transfers.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35387-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
333
Mr. Carder moved the adoption of Ordinance No. 35387-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Harris was absent.)
BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written
report advising that the fiscal year 2000-2001 General Fund budget included funds
in the nondepartmental category for unemployment wages and termination
(vacation) leave wages; these fringe benefits are budgeted at estimated amounts in
the nondepartmental category because annual charges of each department are
difficult to project; and actual costs are charged to departments in anticipation of
budget transfers to cover the costs.
It was further advised that a proposed budget ordinance transfers funds from
the nondepartmental category to applicable City departmental budgets; as needed,
available funding related to one type of fringe benefit is used to supplement funding
needed in another area, such as retiree medical insurance, extended illness leave
payments and termination leave wages; and transfers do not increase the General
Fund budget in total, but only reallocate amounts between departments.
The following is a summary of the total transfers:
FICA
Unemployment Wages
Extended Illness
Termination Leave
Wages
Total
Budget
Amount
Before
Transfers
$4,554,422.00
35,000.OO
0.00
91,275.00
Transfers Revised Budget
In/Out Amount
($232,089.00) $4,322,333.00
772.00 35,772.00
19,215.00 19,215.00
212,102.00 303,377.00
$4,680,697.00 $0.00 $4,680,697.00
The Director of Finance recommended that Council adopt a budget ordinance
providing for the required transfers.
(For full text, see report on file in the City Clerk's Office.)
334
Mr. Carder offered the following emergency ordinance:
(#35388-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35388-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith. 6.
NAYS: None ................................................................................ -0.
(Council Member Harris was absent.)
CITY CODE.TAXES-UTILITIES: The Director of Finance submitted a written
report advising that in October 2000, the Consumer Utility Tax Ordinance was
amended to comply with legislation which deregulated the electric and natural gas
industries in the state; and review of legislation indicates that the due dates of the
monthly tax remittances need to be changed to correspond to the legislation.
It was further advised that currently, the City Code provides that the
Consumer Utility Tax is due on the 20th day of the month following the month in
which the tax was collected; Section 58.1-3814, Code of Virginia (1950), as amended,
specifies that the utility shall remit "such tax to the appropriate locality in
accordance with Section 58.1-2901."; Section 58.1-2901, which pertains to the new
Consumption Tax (not the consumer utility tax), details that the tax "shall be
remitted monthly on or before the last day of the succeeding month of collection,"
which means that under the new legislation, both the existing Consumer Utility Tax
and the local portion of the new Consumption Tax are due to the locality on or before
the last day of the month following the month in which the tax was collected.
Itwas explained that this change will bring the City Code into compliance with
the Code of Virginia and will ensure consistent payment dates for electric and
natural gas utilities for both the Consumer Utility Tax and the Consumption Tax; and
although the City will be receiving tax payments ten to eleven days later than
previously received, the fiscal impact will be nominal.
The Director of Finance recommended that Council adopt an ordinance
amending the electric and natural gas consumer utility tax, to provide for a payment
date as specified in Section 58.1-2901, Code of Virginia (1950), as amended.
(For full text, see report on file in the City Clerk's Office.)
335
Mr. Carder offered the following emergency ordinance:
(#35389-060401) AN ORDINANCE amending subsection (4) of§32-169, Electric
consumer utility tax, and subsection (4) of §32-170, Natural gas utility tax, of Article
VII, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the
City of Roanoke (1979), as amended, by changing the utility tax due date for electric
and gas utilities from the twentieth of the month to the date on or before the last day
of the succeeding month of collection, in compliance with the Code of Virginia; and
providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35389-060401. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None ......................................................................................... -0.
(Council Member Harris was absent.)
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The Director of Finance
submitted a written report advising that the Hotel Roanoke Conference Center
Commission was created by the Virginia General Assembly in 1991 to construct,
equip, maintain and operate the Conference Center of Roanoke adjacent to the Hotel
Roanoke; the City of Roanoke and Virginia Tech are participating entities in the
Commission; in 1992, Council authorized establishment of an Agency Fund entitled,
"Hotel Roanoke Conference Center Commission"; enabling legislation for the
Commission allows for the participating parties to equally contribute funds to the
Commission to fund operating deficits of the Commission and to enable the
Commission to expend such revenues for their proper purposes; the budget must
be approved by each of the participating entities, and Council included $175,000.00
in the fiscal year 2001-02 General Fund adopted budget to be used for such
purposes.
The Director of Finance recommended that Council approve the Hotel
Roanoke Conference Center Commission budget for fiscal year 2001-02, appropriate
$350,000.00 to Conference Center Agency Fund accounts and establish revenue
estimates of $175,000.00, each, for City of Roanoke and Virginia Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
336
Mr. White offered the following emergency ordinance:
(#35390-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35390-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................. -6.
NAYS: None 0.
(Council Member Harris was absent.)
Mr. White offered the following resolution:
(#35391-060401) A RESOLUTION approving the annual operating budget of
the Hotel Roanoke Conference Center Commission for Fiscal Year 2001-2002.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35391-060401. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ......................................................................................... -6.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted
a written report advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a large segment of the City's
Community Development Block Grant program; the Housing Authority receives
program income during the course of its administration of various projects through
the sale of land and the receipt of loan repayments from project area residents; the
Housing Authority is required to transfer program income to the City of Roanoke;
and the City is required to use the income for eligible community development
activities.
337
It was further advised that the Housing Authority has made payments to the
City, in the amount of $189,007.00 from December 1, 2000, to May 15, 2001, in
excess of revenue estimates previously adopted; of this amount, $104,385.00
resulted from the sale of property, $25,900.00 in parking lot rental, and $58,722.00
from various loan repayment programs; and the City has received the following
miscellaneous program income, which amounts represent the difference between
what was actually received and the amount that was previously adopted based on
repayment estimates.
$60,050.00 from the Williamson Road Parking Garage
which was constructed in part using CDBG funds.
$6,929.00 in various loan repayments.
The Director of Finance recommended that Council appropriate the total
$255,986.00 in unanticipated CDBG program income as follows:
Unprogrammed CDBG - Other - FY01 (035-G01-0140-5189) $ 66,979.00
Unprogrammed CDBG - RRHA - FY01 (035-G01-0140-5197)
189,007.00
It was explained that the amounts being appropriated to unprogrammed
accounts will be available for future appropriation for eligible community
development purposes; the Housing Authority also administers a segment of the
City's HOME program; assistance provided by the Housing Authority is
predominantly in the form of Iow- or no-interest active and deferred loans to eligible
homeowners and homebuyers; loan repayments constitute program income to the
City's HOME program; and as of May 15, 2001, loan repayments received in excess
of the budget estimate equal $11,516.00.
The Director of Finance recommended that Council appropriate $11,516.00 to
Unprogrammed HOME - FY01 Account No. (035-090-5323-5320), which will be
available for future appropriation for eligible HOME activities.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35392-060401) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35392-060401. The motion
was seconded by Mr. White and adopted by the following vote:
338
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith ......................................................................................... -6.
NAYS: None .................................... --0.
(Council Member Harris was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ARMORY/STADIUM-CIVIC CENTER: Council Member Hudson advised that as
a part of Council's fiscal year 2001-02 budget study session on May 7, 2001, Council
agreed to delay action with regard to the future of Victory Stadium to provide the
City Manager with more time to review other potential sites for a stadium facility,
which action was taken at the request of Council Member Wyatt. He stated that due
to illness, he was unable to attend the City Council meeting which was held on
Monday, May 21,2001, at which time Council voted to authorize the City Manager to
negotiate for the acquisition of land across Orange Avenue from the Roanoke Civic
Center for construction of a multi-purpose facility (stadium and amphitheater), at a
project cost not to exceed $18 million. He advised that since he is rarely absent
from City Council meetings, out of professional courtesy, the vote by Council should
have been deferred until all Members of the Council were in attendance.
ACTS OF ACKNOWLEDGMENT-NEIGHBORHOOD ORGANIZATIONS-
ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Bestpitch advised
that he attended the Annual Conference of Neighborhoods USA in Pittsburgh,
Pennsylvania, on May 23 - 26, 2001, and commended the young people who
represented the City of Roanoke at the Conference.
ACTS OF ACKNOWLEDGMENT-SCHOOLS: Council Member Wyatt
commended City staff for their assistance in connection with a tour of certain City
facilities by second grade students from Westside Elementary School on
May 23, 2001.
339
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 3:05 p.m., the Mayor declared the meeting in recess for continuation of the
closed sessions that were approved by Council at its 12:15 p.m. session.
At 3:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Smith presiding, and all Members of the Council in attendance, with the
exception of Council Member Harris.
COUNCIL: With respect to the four Closed Meetings just concluded,
Mr. Carder moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, White,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Harris was absent.)
OATHS OF OFFICE-TRAFFIC-COMMITTEES: The Mayor advised that the term
of office of David A. Morgan and Billie Abshire as members of the City of Roanoke
Transportation Safety Commission expired on October 31, 2000; and the term of
office of Robert K. Bengtson as a member of the Transportation Safety Commission
will expire on October 31, 2002, and called for nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of David A. Morgan,
Billie Abshire, and Kenneth King.
There being no further nominations, David A. Morgan and Billie Abshire were
reappointed for terms ending October 31,2004, and Kenneth King was appointed to
fill the unexpired term of Robert K. Bengtson, ending October 31,2002, as members
of the City of Roanoke Transportation Safety Commission, by the following vote:
FOR MESSRS KING, AND MORGAN, AND MS. ABSHIRE: Council Members
Wyatt, Bestpitch, Carder, Hudson, White, and Mayor Smith ................................... 6.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is
a vacancy on the Youth Services Citizen Board and called for nominations to fill the
vacancy.
340
Ms. Wyatt placed in nomination the name of Wendi Wagner.
There being no further nominations, Ms. Wagner was appointed as a member
of the Youth Services Citizen Board for a term ending May 31,2004, by the following
vote:
FOR MS. WAGNER: Council Members Wyatt, Bestpitch, Carder, Hudson,
White, and Mayor Smith .................................................................................. -6.
(Council Member Harris was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 3:40 p.m.
APPROVED
Mary F. Parker
City Clerk
Mayor
341
SESSION ..... ROANOKE CITY COUNCIL
June 18, 2001
2:00 p.m.
~, of Roanoke met in regular session on Monday,
uu, .... . = regular meeting hour, in the City Council Chamber,
fourth floor, Noel L;. ,,,y,.... _ unicipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to
Resolution No. 35270-040201 adopted on April 2, 2001.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C.
Nelson Harris, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith ............................. 5.
ABSENT: Council Members William White, Sr., and Linda F. Wyatt ............... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by The Reverend John S. Johnson,
Director of Programs, Rescue Mission.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS
PROCLAMATIONS: The Mayor presented a Proclamation declaring November
19 - 23, 2001, as The Week of the Family in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
342
ACTS OF ACKNOWLEDGEMENT-HOTEL ROANOKE CONFERENCE CENTER:
Mr. Carder offered the following resolution recognizing the hard work, excellent
leadership and exemplary performance of Deborah J. Moses, Executive Director of
the Hotel Roanoke Conference Center Commission, in connection with litigation filed
by the Commission and its efforts to resolve construction problems at the Hotel
Roanoke Conference Center:
(#35393-061801) A RESOLUTION expressing appreciation and recognition of
the work of Deborah J. Moses, Executive Director of the Hotel Roanoke Conference
Center Commission.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35393-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ..................................................................................................... 5.
NAYS: None ................................................................................. -0.
(Council Members White and Wyatt were absent.)
On behalf of the Members of Council, the Mayor presented a ceremonial copy
of the above referenced measure to Ms. Moses.
PROCLAMATIONS: The Mayor presented a proclamation declaring
Wednesday, June 27, 2001, as Mary Chrisholm Pickett Day in the City of Roanoke,
and presented a copy of the proclamation to Ms. Pickett.
Inasmuch as Ms. Pickett holds the distinction of being the first woman elected
to the Roanoke City Council, serving from September 1, 1953 to August 31, 1960, on
behalf of the citizens of the City of Roanoke and the Members of Council, the Mayor
presented her with a Key to the City.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to three requests for Closed Meetings to
discuss appointments to a specific committee; to discuss the performance of two
Council-Appointed Officers; and to discuss personnel matters with regard to
vacancies on various authorities, boards, commissions and committees appointed
by Council.
343
MINUTES: Minutes of the regular meetings of Council held on Monday,
June 4, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None ................................................................................... -0.
(Council Members White and Wyatt were absent.)
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None ............................................................................... -0.
(Council Members White and Wyatt were absent.)
COMMITTEES-CITY COUNCIL: A communication from Council Member
William D. Bestpitch requesting that Council convene in a Closed Meeting to discuss
appointments to a specific committee, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
344
Mr. Harris moved that Council concur in the request of Council Member
Bestpitch to convene in a Closed Meeting to discuss appointments to a specific
committee, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............. 5.
NAYS: None
(Council Members White and Wyatt were absent.)
CITY EMPLOYEES-CITY COUNCIL: A communication from Council Member
C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council
convene in a Closed Meeting to discuss a personnel matter with regard to the
performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request to convene in a Closed
Meeting to discuss a personnel matter with regard to the performance of two
Council-Appointed Officers, pursuant to Section 2.1-344 (A)(I), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ........................................................................................................ 5.
NAYS: None .......
(Council Members White and Wyatt were absent.)
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a
meeting of the Audit Committee which was held on Monday, June 4, 2001, were
before the body.
The following items were considered by the Audit Committee:
345
FINANCIAL RELATED AUDITS:
Records Management
Economic Development
Human Resources
Miscellaneous Taxes
UNFINISHED BUSINESS:
Update on Comprehensive Services Act (CSA)
NEW BUSINESS:
KPMG Audit plan - June 30, 2001
Briefing on Municipal Auditing 2002 Audit Plan
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the Minutes be received and filed. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .................................................................................... -0.
(Council Members White and Wyatt were absent.)
MUNICIPAL AUDITOR: A communication from Robert H. Bird, Municipal
Auditor, advising that he will retire from his position as Municipal Auditor, effective
at the close of business on Friday, September 28, 2001, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council receive and file the communication and accept
the notice of retirement. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .................................................................................. -0.
(Council Members White and Wyatt were absent.)
346
BUDGET-AMTRAK-RAIL SERVICE: A communication from David A. Bowers,
Chair, Passenger Rail Service Committee, transmitting a portion of the Spring 2001
newsletter, "The Inside Track," published by the American Passenger Rail Coalition,
and advising that the latest statistics indicate that Amtrak ridership and revenues
continue to grow in the first half of fiscal year 2001, as they have for the last four
years, with over 11 million passengers riding Amtrak trains from October 2000
through March 2001; and Council will be requested to fund capital improvements to
the old Norfolk Southern Passenger Station through Roanoke in the future, and
support for that initiative will be appreciated, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None.
(Council Members White and Wyatt were absent.)
Y.M.C.A.-CITY PROPERTY: A communication from the City Manager advising
that the YMCA of Roanoke Valley, a non-profit organization, plans to build a new
40,000 square feet Central Branch YMCA to be located at 5th Street and Luck Avenue
to accommodate the expanding number of programs and to replace the current
outdated facility; construction of the new $6.5 million facility is scheduled to begin
no later than June 1,2002; and the YMCA has made a formal offer to the City to enter
into a collaborative agreement for partnering on the development and use of the new
facility, was before Council.
It was further advised that the Agreement specifies that the City will provide
a $2 million grant toward construction of the indoor aquatic facility; annual equal
payments will be made to the YMCA over a period often years, with the first payment
of $200,000.00 due by September 1, 2001, and funding for operational support will
not be requested; to facilitate construction, a real estate swop will occur between
the City and the YMCA, with the City to transfer title of Official Tax Nos. 1113419 and
1113418 (506 Church Avenue and the adjoining lot) to the YMCA; upon completion
of construction of the new facility, the YMCA will transfer title of its current parking
lot and facility, excluding the annex gymnasium, which adjoins the current Central
Branch of the YMCA (425 Church Avenue), Official Tax Nos. 1011206, 1011209 and
1011210; the property received by the C~y may be valuable in addressing parking
needs in the area; benefits for City residents will include a discount on the initial
membership fee at all facilities owned or operated by the YMCA in the City of
347
Roanoke, County of Roanoke, City of Salem, Town of Vinton and County of
Botetourt; and the Department of Parks and Recreation will participate with the
YMCA in a Program Committee to develop programs.
The City Manager recommended that Council authorize a public hearing to be
held on July 2, 2001, for a real estate swop, and following the public hearing,
authorize the City Manager to execute an Agreement, approved as to form by the City
Attorney, with payment of $200,000.00 due on September 1,2001, to be appropriated
with the approval of the Five Year Capital Improvement Program, and subsequent
years payments shall be included in annual operating budgets subject to
appropriation by Council as specified in the Agreement.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the City
Manager to hold a public hearing on Monday July 2, 2001, at 2:00 p.m., or as soon
thereafter the matter may be heard, in the City Council Chamber. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None ......................................................................................... -0.
(Council Members White and Wyatt were absent.)
TAXES-ANNUAL REPORTS: A communication from the Honorable Ralph K.
Smith, Mayor, transmitting correspondence dated June 8, 2001, from the Honorable
Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia, and a
May 30, 2001, report from the Board of Equalization, advising that the Equalization
Board received 67 appeals from property owners, plus discovered inaccuracies in
another 13 vacant lots, with a total of 80 properties having been inspected; and
recommending that future Equalization Boards continue to have access to computer
service in their work, with separate office space from the Office of Real Estate
Valuation, was before Council.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed. The motion
was seconded by Mr. Carder and adopted by the following vote:
348
AYES:
Smith.
Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
5.
NAYS: None .................................................................................... --0.
(Council Members White and Wyatt were absent.)
HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: A report of
qualification of Nancy F. Canova as a member of the Fair Housing Board for a term
ending March 31, 2004, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Harris moved that the report of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None .......................................
(Council Members White and Wyatt were absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET CIRCUIT COURT-GRANTS: A communication from the Honorable
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, and records
must be maintained and made available to the public; the Optical Character
Recognition System, also known as the Records Management Indexing/Scanning
System, currently being used to record the above-mentioned records can no longer
facilitate the volume of records being scanned; there is a need for additional,
compatible equipment that will allow several operators to perform like tasks
simultaneously, which equipment is available through the Supreme Court of Virginia,
at a cost of $20,191.00; and funding in the amount of $20,191.00 is available from the
Compensation Board of Virginia-Technology Trust Fund, was before Council.
349
The Clerk of the Circuit Court recommended that Council authorize the City
Manager to execute the requisite documents to obtain funds from the Compensation
Board-Technology Trust Fund; and that the Director of Finance be authorized to
establish a revenue estimate, in the amount of $20,191.00, in the Grant Fund, with
appropriate funding to the following expenditure account:
9005 Furniture and Equipment ($5,000.00) $20,191.00
A communication from the City Manager concurring in the recommendation
of the Clerk of Circuit Court, was also before Council.
(For full text, see communications on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35394-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35394-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35395-061801) A RESOLUTION authorizing the City Manager to execute the
requisite grant agreement or documents necessary to accept a grant of funds from
the Compensation Board-Technology Trust Fund in order to provide an upgrade of
current Optical Character Recognition System in the Clerk of Court's Office.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35395-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
35O
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None 0.
(Council Members White and Wyatt were absent.)
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts for fiscal year
2001-02, was before Council.
$54,630.00 as a supplemental appropriation to the fiscal
year 2001-02 School General Fund budget request
approved by the School Board on March 6, 2001. The
funds will be transferred from the City of Roanoke to the
School General Fund. The additional City funds will be
used for employee salary increases.
$50,000.00 for the Comprehensive School Reform
Demonstration Grant to provide for the replication of
successful intervention programs from other school
divisions at the school. Taylor Learning Academy will
implement a basic skills program which includes staff
development and remedial skills instruction. This
continuing program is 100 per cent reimbursed by Federal
funds.
$7,500.00 for the Thurman Foundation for Children Grant
to support the activities for the Partners for Success
Program, which is designed to encourage college
preparation of eighth grade students who show academic
promise but would be unlikely to consider advanced
studies without intervention. This is a continuing grant.
$66,485.00 as an additional appropriation to provide funds
for data cabling and networking at Fairview Elementary
School. Funding for this project is provided from a
Literary Fund loan approved for the project.
$54,260.00 as an additional appropriation to provide funds
for data cabling and networking at Fishburn Park
Elementary School. Funding for this project is provided
from a Literary Fund loan approved for the project.
351
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35396-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35396-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following emergency budget ordinance:
(#35397-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 School and School Capital Projects Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35397-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None ........................................................................................... -0.
(Council Members White and Wyatt were absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
352
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
LANDMARKS/HISTORIC PRESERVATION-WATER RESOURCES: The City
Manager submitted a communication advising that in 1976, the City of Roanoke
approved a proposal from the Roanoke Valley Historical Society, the Roanoke Valley
Bicentennial Commission, and citizen volunteers to renovate and refurbish the old
Crystal Spring pumping station and its steam-powered pump as a historic
preservation project and museum exhibit; the steam pump, manufactured by the
Snow Pump Company of Buffalo, New York, is one of only two known steam pumps
to exist today; the Crystal Spring Pumping Station served as the main water
pumping plant for Crystal Spring from 1905 to 1959; and renovations to restore the
building and pump were completed and for a period of several years, the pump
station was open to the public as a museum exhibit.
It was further advised that the History Museum and the Historical Society of
Western Virginia desires to reopen the museum as an exhibit for the public; the
Historical Society has offered to staff the building and, through an endowment by
Mr. David H. Burrows, provide educational materials and displays; and hours of
operation are expected to be weekends, 2:00 to 5:00 p.m., and by special request.
The City Manager recommended that she be authorized to execute an
Operating Services Agreement between the City of Roanoke and the History Museum
and Historical Society of Western Virginia for a period of five years, with annual
renewal options, and to take such further action as may be reasonably necessary to
implement and administer the Agreement.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35398-061801) A RESOLUTION authorizing the execution of an Agreement
between the City of Roanoke, Virginia, and the History Museum and Historical
Society of Western Virginia (Society) providing for the operation of the old Crystal
Spring Steam Pumping Station Museum by the Society, under certain terms and
conditions; and authorizing the City Manager to take such further action as is
necessary to implement and administer the terms of such Agreement.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35398-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
353
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET-SIGNALS AND ALARMS-TRANSPORTATION SAFETY- TRAFFIC: The
City Manager submitted a communication advising that funds were established in
the fiscal year 2000-01 budget, within the General Fund, for transportation projects;
two projects, Airport Road Signals and Roadway Safety Improvements and Riverland
Road/Bennington Street/Mount Pleasant Boulevard are in the property acquisition
and design phase; and funds need to be appropriated to Capital Fund Project
accounts for construction of the projects.
The City Manager recommended
appropriations:
that Council authorize the following
$40,000.00 to Capital Projects Account Airport Road
Signals, Account No. 008-052-9577-9003; and
$55,000.00 to Capital Projects Account Road Safety
Improvements- Riverland Road/Bennington Street/Mount
Pleasant Boulevard, Account No. 008-052-9606-9003.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35399-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35399-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... 0.
(Council Members White and Wyatt were absent.)
354
POLICE DEPARTMENT-BUDGET-GRANTS- EQUIPMENT: The City Manager
submitted a communication advising that the Bulletproof Vest Partnership Grant Act
of 2000, enacted by the 106t' United States Congress, provides funds to eligible law
enforcement agencies for the purchase of bulletproof vests; the grant program is
managed by the Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance; on May 16, 2001, the City of Roanoke was awarded $14,515.00
to purchase new bulletproof vests, which will provide for procurement for 41
bulletproof vests; bulletproof vests are primary officer-safety equipment and all
Roanoke Police sworn personnel are issued bulletproof vests; and grant funds will
be used to purchase bulletproof vests in need of replacement and for issue to new
police hires.
The City Manager recommended that Council accept the Bulletproof Vest
Partnership Grant in the amount of $14,515.00 and that the City Manager and the
Chief of Police be authorized to execute any grant agreements related to such grant;
that Council appropriate $14,515.00 from Bulletproof Vest Partnership grant to
certain accounts to be established by the Director of Finance, and increase revenue
estimates in accounts also to be established by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35400-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35400-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None. ~.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35401-061801) A RESOLUTION authorizing the acceptance of a Bulletproof
Vest Partnership Grant from the United States Department of Justice, and
authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 64.)
355
Mr. Harris moved the adoption of Resolution No. 35401-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY/GRANTS: The City
Manager submitted a communication advising that ESG funds are allocated under
the Stewart B. McKinney Homeless Assistance Act and must be used to provide
assistance to the homeless or to those at risk of becoming homeless; Council
authorized filing an ESG application through submission of the Annual Update to
the Consolidated Plan to the U. S. Department of Housing and Urban Development
(HUD) for fiscal year 2001-02 on May 7, 2001, pursuant to Resolution No. 35319-
050701; HUD's approval letter, granting the City access to its 2001-02 ESG
entitlement of $76,000.00 is completing the routine release process and is
forthcoming; and acceptance of the entitlement and appropriation of funds to certain
accounts is needed to allow projects to proceed.
The City Manager recommended that Council adopt a resolution accepting
$76,000.00 in 2001-02 ESG funds, contingent upon receipt of a letter of approval from
HUD; that the City Manager be authorizeed to execute the required Grant Agreement,
Funding Approval, and other forms required by HUD in order to accept the funds;
and that Council appropriate $76,000.00 entitlement to revenue and expenditure
accounts in the Grant Fund to be established by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35402-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35402-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
356
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None .................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35403-061801) A RESOLUTION accepting the Fiscal year 2001-2002 funds
for the Emergency Shelter Grant Program, and authorizing the City Manager to
execute the requisite Grant Agreement with the United States Department of Housing
and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35403-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
communication advising that HOME is a housing assistance program of the U. S.
Department of Housing and Urban Development (HUD); the City has received a
HOME entitlement grant each year since fiscal year 1992 and must reapply annually
to HUD to receive funds; and on May 7, 2001, Council authorized filing the 2001-2002
HOME application as a part of approving the submission of the Annual Update to the
Consolidated Plan to HUD.
It was further advised that HUD's approval letter, granting the City access to
its 2001-2002 HOME entitlement of $753,000.00 is completing the routine release
process and is forthcoming; acceptance of funds and appropriation to certain
accounts is needed to permit projects to proceed; $41,397.00 which were
unexpended from earlier HOME accounts needs to be transferred; and acceptance
of the 2001-2002 entitlement requires a local match of $87,875.00, however, no
outlays of City funds will be needed to meet the requirement.
357
The City Manager recommended that Council adopt a resolution accepting
$753,000.00 in 2001-2002 HOME funds, contingent upon receipt of an approval letter
from HUD; that the City Manager be authorized to execute the required Grant
Agreement, Funding Approval, and any other documents required by HUD in order
to accept the funds; that Council appropriate $753,000.00 to revenue and
expenditure accounts in the Grant Fund to be established bythe Director of Finance;
and transfer $41,397.00 in HOME accounts from prior years to projects included in
the 2001-2002 HOME program.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35404-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35404-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35405-061801) A RESOLUTION accepting the Fiscal Year 2001-2002 funds
for the HOME Investment Partnerships (HOME) Program, and authorizing the proper
City officials to execute the requisite Grant Agreement with the United States
Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35405-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
358
BUDGET-COMMUNITY PLANNING-GRANTS: The City Manager submitted a
communication advising that Community Development Block Grant is a program of
the U. S. Department of Housing and Urban Development (HUD) which offers
assistance to the community in manyways; the City has received CDBG entitlement
grants each year since inception of the program in 1974 and must submit an action
plan annually to HUD to receive funding; and on May 7, 2001, pursuant to Resolution
No. 35319-050701, Council authorized filing the 2001-2002 CDBG application through
submission of the Annual Update of the Consolidated Plan to the U. S. Department
of Housing and Urban Development for fiscal year 2001-2002.
It was further advised that HUD's routine release process is underway, and a
HUD approval letter is forthcoming granting the City access to its 2001-2002 CDBG
entitlement of $2,239,000.00; in addition, $655,000.00 which was unexpended from
prior year accounts and $170,704.00 in anticipated program income are also
included in the appropriation for fiscal year 2001-2002 programs; and acceptance of
the entitlement and appropriation of funds to certain accounts is needed to allow
projects to proceed.
The City Manager recommended that Council take the following actions:
Adopt a resolution accepting the $2,239,000.00 in 2001-
2002 CDBG funds, contingent upon receipt of the approval
letter from HUD.
Authorize the City Manager to execute the required Grant
Agreement, Funding Approval, and other forms required
by HUD in order to accept the funds.
Appropriate $2,239,000.00 entitlement, and $170,704.00 in
anticipated program income to revenue and expenditure
accounts in the Grant Fund to be established by the
Director of Finance; and
Transfer $655,000.00 in CDBG accounts from
prior years to projects included in the 2001-
2002 CDBG program.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading.
359
(#35406-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, and Mayor Smith .............. -4.
NAYS: None .......................................................................................... -0.
In as much as his wife is employed by the YMCA and the measure involves
appropriation of Federal funds to the organization, Mr. Bestpitch stated that the City
Attorney has rendered the opinion that he must abstain from voting on the above
referenced measure.
(Council Members White and Wyatt were absent.)
Mr. Carder offered the following resolution:
(#35407-061801) A RESOLUTION accepting the Fiscal Year 2001-2002 funds
for the Community Development Block Grant program, and authorizing the City
Manager to execute the requisite Grant Agreement with the United States
Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35407-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, and Mayor Smith ............ -4.
NAYS: None .......................................................................................... -0.
(Council Member Bestpitch abstained from voting.)
(Council Members White and Wyatt were absent.)
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City
Manager submitted a communication advising that each year, the City submits a
Consolidated Plan Annual Update (Annual Update) to the U. S. Department of
Housing and Urban Development (HUD), in order to receive Community Development
Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlements; the
360
Annual Update describes the individual programs to be conducted with funds
awarded to the City; and substantial amendments to the Annual Update require a
30-day public comment period before a change can be implemented.
It was further advised that additional funding is needed to increase the
amount of rehabilitation of substandard housing that might otherwise be
demolished; a decrease in funds appropriated in the demolition project by
$75,000.00 will allow for the re-creation of two new projects: Code
Enforcement/Rental Support and Residential and Code Enforcement/Rental
Support - Rental; the amendment will establish $37,500.00 in each of the two
projects; and inclusion of Code Enforcement/Rental Support allows for continuation
of a program that assists with the elimination of slums and blighted conditions, as
well as increases the number of safe, decent, affordable housing for Iow-income
citizens.
The City Manager recommended that she be authorized to amend the 2000-
2001 Consolidated Plan Annual Update, including the submission of necessary
documents to HUD to reflect a decrease in funding of the Demolition project and
include Code Enforcement/Rental Support - Residential and Code
Enforcement/Rental Support - Rental Programs, following the public review and
comment period, provided no compelling adverse public comments are received;
and that Council authorize transfer of $75,000.00 from Account No. 035-G01-0120-
5108 ($4,000.00) and Account No. 035-G00-0020-5108 ($71,000.00) to accounts to be
established by the Director of Finance for Code Enforcement/Rental
Support - Residential, in the amount of $37,500.00, and Code Enforcement/Rental
Support - Rental, in the amount of $37,500.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35408-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35408-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None.
(Council Members White and Wyatt were absent.)
361
Mr. Carder offered the following resolution:
(#35409-061801) A RESOLUTION authorizing the City Manager to amend the
Annual Update to the Consolidated Plan for FY 2000-2001, including the submission
of necessary documents to the U. S. Department of Housing and Urban Development
(HUD).
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35409-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BONDS/BOND ISSUES-WATER RESOURCES:: The City Manager submitted
a communication advising that the City of Roanoke was notified by the
Commonwealth of Virginia Department of Health on May 2, 2000, that due to possible
surface water influence, Crystal Spring could not be used as a water supply until the
water was treated for potential surface contaminants which has caused a loss of
three to four million gallons of water per day in the potable water supply of the City
of Roanoke.
It was further advised that a preliminary engineering study determined the
most feasible method to treat Crystal Spring water was a membrane filtration
system; the project consultant, Wiley & Wilson, Inc., has requested additional
compensation to moniter pilot testing of the membrane filtration equipment, and
design of approximately 4,100 square feet of office space within the proposed water
plant building office space will permit approximately 15 Utility Department personnel
currently working at other multiple locations to be housed in one facility; and the
proposed additional work will add $63,000.00 to the base contract of $500,000.00.
The City Manager recommended that she be authorized to execute
Amendment No. 2 to the contract with Wiley & Wilson, Inc., in the amount of
$63,000.00 for additional design services for the Crystal Spring Water Treatment
Plant; that Council appropriate $20,000.00 from Water Fund Prior Year Retained
Earnings to be transferred to Account No. 002-510-8395, Crystal Spring Filter Plant;
and that Council adopt a resolution indicating the City's intent to reimburse itself
from the proceeds of Series 2002 General Obligation bonds to be issued in the
future.
(For full text, see communication on file in the City Clerk's Office.)
362
Mr. Hudson offered the following emergency budget ordinance:
(#35410-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35410-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Carder offered the following resolution:
(#35411-061801) A RESOLUTION declaring the City's intent to reimburse itself
from the proceeds of its general obligation public improvement bonds for certain
monies to be appropriated by the City for expenditures in connection with
Amendment No. 2 to the Crystal Spring Water Treatment Plant Project; and providing
for an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35411-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .5.
NAYS: None ...........
(Council Members White and Wyatt were absent.)
Mr. Carder offered the following resolution:
363
(#35412-061801) A RESOLUTION authorizing the City Manager's issuance of
Amendment No. 2 to the City's contract with Wiley & Wilson, Inc., to monitor the pilot
testing of the membrane filtration equipment and the design of approximately 4,100
square feet of office space within the proposed water plant building for the Crystal
Spring Water Treatment Plant Project.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35412-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
CITY CODE-TAXES-ENTERPRISE ZONE: The City Manager submitted a
communication advising that on July 1,1996, Council adopted Ordinance No. 33019-
070196, which approved, adopted and established certain local incentives for the
area designated as Enterprise Zone Two in the City and provided an effective date
for the applicability of said incentives; on July 19, 1999, Council adopted Ordinance
No. 34412-071999, which provided that certain local incentives available in
Enterprise Zone Two would also be available within Enterprise Zone One, subject
to approval by the Virginia Department of Housing and Community Development
(DHCD); such local incentives included a tax exemption of certain rehabilitated or
renovated commercial or industrial real property, however, local incentives were
scheduled to end on June 30, 2001, unless extended by Council; DHCD has
approved the application of local incentives to Enterprise Zone One; Chapter 32,
Article II, Division 5A, of the Code of the City of Roanoke (1979), as amended, needs
to be amended to make tax exemption available to real property within Enterprise
Zone One; and the availability of local incentives, including tax exemption, for both
Enterprise Zones One and Two need to be extended from June 30, 2001 to
December 31, 2003.
It was further advised that in order to make tax exemption available for certain
real property within Enterprise Zone One and to extend the availability of tax
exemption in both Enterprise Zones One and Two, the above referenced portion of
the City Code needs to be amended to continue economic incentives within both
Enterprise Zones, in order to attract and/or retain businesses within the two
Enterprise Zones; DHCD requires that localities offer local incentives to supplement
364
incentives offered by the State for enterprise zones, or risk the possibility of losing
the designation of an enterprise zone; the City has done so with local incentives
offered within Enterprise Zone Two when it was created in January, 1996, and by
making applicable local incentives from Enterprise Zone Two available within
Enterprise Zone One by the July 19, 1999, above referenced ordinance, those
incentives are scheduled to expire on June 30, 2001, and need to be extended to
December 31, 2003; and the December 31, 2003, date was selected since it is the
date that designation for Enterprise Zone One will expire or need to be extended and
any further action can take place at that time in connection with extension as the
State may grant.
The City Manager recommended that Council amend Division 5A, Exemption
of Certain Rehabilitated or Renovated Commercial or Real Property Located in
Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32,
Taxation, of the Code of the City of Roanoke (1979), as amended, by amending the
title of Division 5A. and I]32-101.1, Generally, 1'132-101.3, Eligibility of Commercial or
Industrial Real Property, and rl32-101.5, Application, to allow real property located
in the City's Enterprise Zone One to be included within Division 5A., and qualify for
tax exemptions provided for by Division 5A; and to extend the applicable time period
to December 31,2003; and amend Ordinance No. 33019-070196, adopted by Council
on July 19, 1996, which established certain local incentives for Enterprise Zone Two
and Ordinance No. 34412-071999, adopted by Council on July 19, 1999, which made
such local incentives apply to the City§s Enterprise Zone One, by modifying both
to provide that such local incentives for Enterprise Zones One and Two shall be
applicable through December 31,2003, and authorizing the City Manager to apply to
the Virginia Department of Housing and Community Development for approval of
such amendments and/or to take such further action as may be necessary to obtain
or confirm said amendments.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35413-061801) AN ORDINANCE amending and reordaining Division 5A,
Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real
Property Located in Enterprise Zone Two, of Article II, Real Estate Taxes Generally,
of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by
amending the title of Division 5A. and 1132-101.1, Generally, 1132-101.3, Eligibility of
Commercial or Industrial Real Property, and §32-101.5, Application, to allow real
property located in the CityFls Enterprise Zone One to be included within Division
5A., and qualify for tax exemptions provided for by Division 5A.; and to extend the
applicable time period to December 31, 2003; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
365
Mr. Harris moved the adoption of Ordinance No. 35413-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ............................................................................................................. -5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following emergency ordinance:
(#35414-061801) AN ORDINANCE amending Ordinance No. 33019-070196,
adopted by City Council on July 1, 1996, which established certain local incentives
for the area designated as Enterprise Zone Two in the City, by modifying it to provide
that such local incentives be applicable for the period of July 1, 1996, through
December 31,2003; amending Ordinance No. 34412-071999, which made the above
mentioned local incentives apply to the City's Enterprise Zone One as of July 19,
1999, by modifying it to provide that such local incentives for Enterprise Zone One
shall be applicable for the period of July 19, 1999, through December 31, 2003;
authorizing the City Manager to apply to the Virginia Department of Housing and
Community Development (DHCD) for the approval of the above amendments and/or
to take such further action as may be necessary to obtain or confirm those
amendments; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35414-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ............................................................................................................. -5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The
City Manager submitted a communication advising that at Council's Financial
Planning Session on March 10,2001, staff briefed Council on the status of various
capital projects; based on the results of the Financial Planning Session, a separate
document has been provided in the form of an update to the City's Capital
Improvement Program (ClP) for Fiscal Years 2002-2006; the ClP update reflects the
current status of projects valued at $116,682,311.00 that require Council's approval
and/or funding; based on funding previously allocated to the projects,
366
$98,165,000.00 in additional funding is required; and not included in the CIP update
document is additional funding of $2,362,930.00, which is needed to complete
projects previously approved by Council; a total of $100,527,930.00 in funding is
required to continue implementation of the new and previously approved CIP
projects; and recommended sources of funding are as follows:
General Obligation Bond Issue during fiscal year 2002
Future General Obligation Bond Issue
Sale of Property
Water and Sewer Fund Retained Earnings
$56,245,000.00
36,870,000.00
202,500.00
797,500.00
Transfers to Capital Projects
Undesignated Capital Funds
Capital Fund Interest Earnings
1,945,000.00
323,631.00
4,144,299.00
Total
$100,527,930.00
The City Manager recommended that Council approve the following list of new
Capital Projects requiring additional funding of $72,165,000.00.
Art Museum/IMAX Theater
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Program
Fire/EMS Facility Improvements
Greenways (Roanoke River Greenway)
High School Facility Improvements (Patrick Henry)
Neighborhood Storm Drain Program
New Police Building - Phase II
Parks Master Plan - Phase II
Roanoke Academy for Math and Science
Roanoke Passenger Station
Victory Stadium
YMCA Aquatic Center
$3,700,000.00
5,445,000.00
5,000,000.00
800,000.00
1,000,000.00
17,500,000.00
2,000,000.00
6,670,000.00
7,000,000.00
4,600,000.00
1,250,000.00
16,200,000.00'
1,000,000.00
Total $72,165,000.00
*The total project cost is $18 million -$1,800,000.00 in funding and
funding has been designated for the project, leaving a funding balance
request of $16,200,000.00.
367
Authorize the City Clerk to advertise a public hearing on July 16, 2001,
or at such other time as the City Manager may deem appropriate, to be
held for the purpose of receiving input on the issuance of
$31,245,000.00 in General Obligation Bonds under the Public Finance
Act, Section 15.2-2600 et. seq., Code of Virginia (1950), as amended, for
the following projects:
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Program
Roanoke Academy for Math and Science
Victory Stadium
$ 5,445,000.00
5,000,000.00
4,600,000.00
16,200,000.00
Bond funds will supplement $25,000,000.00 in General Obligation
Bonds previously authorized by Council for the following projects:
Civic Center Renovations
Greater Gainsboro/Downtown North
Improvements
(Shenandoah Parking Garage)
Roanoke River Flood Reduction Project
South Jefferson Redevelopment Project
3,000,000.00
2,500,000.00
7,500,000.00
12,000,000.00
The total bond issue during Fiscal Year 2001-02 will be $56,245,000.00.
Concur in the need for a future bond sale for $36,870,000.00 to fund the
following projects:
Art Museum/IMAX Theater
High School Facility Improvements
Neighborhood Storm Drain Program
New Police Building - Phase II
Parks Master Plan - Phase II
$ 3,700,000.00
17,500,000.00
2,000,000.00
6,670,000.00
7,000,000.00
Appropriate $1,200,000.00 in capital fund interest earnings into
accounts established by the Director of Finance to the following new
projects:
Fire/EMS Facility Improvement Program
Roanoke River Greenway
YMCA Aquatic Center
800,000.00
200,000.00
200,000.00
Appropriate $2,362,930.00 to the respective capital project accounts
established by the Director of Finance to the following projects
previously approved by Council:
368
$900,000.00 in the fiscal year 2000-01 Transfers to Capital Projects
Account for the Victory Stadium project;
$235,000.00 in the fiscal year 2001-02 Transfers to Capital Projects
Account for Victory Stadium;
$252,677.00 in Undesignated Capital Funds to the Railside Linear Walk
project;
$94,299.00 in Capital Fund Interest Earnings to the Railside Linear
Walk project;
$13,500.00 in Undesignated Capital Funds to the Warehouse Row
Buildings project;
$57,454.00 in Undesignated Capital Funds to the Buildings category in
the Capital Improvement Reserve;
$500,000.00 in the fiscal year 2001-02 Transfers to Capital Projects
Account for the Curb, Gutter and Sidewalk project; and
$310,000.00 in the fiscal year 2001-02 Transfers to Capital Projects
Account for the Walnut Avenue Bridge project.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35415-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35415-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................. 5.
NAYS: None ...................................................................................... -0.
369
Mr. Bestpitch advised that his wife is employed by the YMCA and although the
Capital Improvement Program includes funds for the YMCA, the City Attorney has
rendered the opinion that he is not required to abstain from voting on the above
referenced measure; however, in the interest of full disclosure, he would like for the
record to reflect that his wife is an employee of the YMCA where she receives
compensation in excess of $10, 000.00 per annum.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35416-061801) A RESOLUTION endorsing the update to the Capital
Improvement Program submitted by the City Manager and Director of Finance by
report of June 18, 2001.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35416-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
Mr. Hudson moved that the City Clerk be authorized to advertize a public
hearing for Monday, July 16, 2001, at 7:00 p.m. or as soon thereafter as the matter
may be heard, in the City Council Chamber, to receive citizen input regarding
issuance of $31,245,000.00 in General Obligation Bonds under the Public Finance
Act. The motion was seconded by Mr. Harris and adopted.
Mr. Harris moved that Council concur in the need for a future bond sale in the
amount of $36,870,000.00. The motion was seconded by Mr. Hudson and adopted.
BUDGET-PARKS AND RECREATION-CMERP: The City Manager submitted a
communication advising that on October 2, 2000, Council concurred in funding
recommendations for the fiscal year 2000- 01 Capital Maintenance and Equipment
Replacement Program (CMERP); CMERP is used to fund equipment purchases,
maintenance and other one-time priority purchases; Council's approval is required
370
for appropriation of funds from CMERP to various accounts to allow for replacement
of various substandard and deteriorated park furnishings as needed to meet citizen
requests for improved services to the community; and all acquisitions will be
accomplished in accordance with the City's Procurement Policies, pursuant to
Chapter 23.1, Code of the City of Roanoke, (1979), as amended.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager recommended that Council approve appropriation of
$127,000.00 to the following departmental accounts:
$112,330.00 to Parks and Grounds Maintenance Account No. 001-620-
4340-9015.
$14,670.00 to Parks and Grounds Maintenance Account No. 001-620-
4340-2035.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35417-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35417-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ................................................................................................. 5.
NAYS: None .........................
(Council Members White and Wyatt were absent.)
BUDGET-HOUSING/AUTHORITY-YOUTH-GRANTS: The City Manager
submitted a communication advising that the City of Roanoke continues to provide
wholesome activity for the nutritional needs of children and youth during the
summer months through the Office on Youth supervised Summer Nutrition Program;
funds for the program, now in its eighth year, 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
371
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 one through eighteen; adult summer staff manage the
program and youth are hired to assist at the feeding locations, with the City
reimbursed on a per meal basis; and local cash match, in the amount of $15,000.00,
was appropriated in the fiscal year 2001- 02 General Fund budget in Human Services
Support, Account No. 001-630-1270-2010.
The City Manager recommended that she be authorized to accept the Federal
funds in the amount of $151,193.00 from the United States Department of Agriculture
Food and Nutrition Service; that Council decrease fiscal year 2001-02 Human
Services Support, Account No. 001-630-1270-2010 by $15,000.00 and increase fiscal
year 2001-02 budget estimate for Transfer to Grant Fund, Account No. 001-250-9310-
9535 by $15,000.00; transfer $15,000.00 local cash match to the grant fund; and
authorize the Director of Finance to establish a revenue estimate, in the amount of
$166,193.00, and appropriate funds to expenditure accounts.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35418-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund and Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35418-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
Mr. Bestpitch advised that one of the feeding sites in the Summer Food
Service Program is the YMCA Family Center, and his wife is employed by the YMCA;
however, the City Attorney has rendered the opinion that he is not required to
abstain from voting on the above referenced measure; however, in the interest of full
disclosure, Mr. Bestpitch requested that the record reflect that his wife is employed
by the YMCA where she is compensated in excess of $10,000.00 per annum.
(Council Members White and Wyatt were absent.)
Mr. Harris offered the following resolution:
372
(#35419-061801) A RESOLUTION authorizing acceptance of reimbursement
from the United States Department of Agriculture Food and Nutrition Service on
behalf of the City for program costs for the implementation of the summer program,
and authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35419-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith..5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET-CULTURAL SERVICES COMMITTEE: The City Manager submitted a
communication advising that the Cultural Services Committee budget, in the amount
of $283,443.00, was established by Council with adoption of the General Fund
budget for fiscal year 2001-02; requests from 17 agencies, totaling $658,656.00 were
received; appeals of committee recommendations, as provided by policy of the
Cultural Services Committee, were received after notification to each agency of its
tentative recommended allocation; one appeal was filed and heard on May 22, 2001,
from the Harrison Museum of African American Culture; and the Cultural Services
Committee voted to allocate $22,479.00 to the Harrison Museum, while also
supporting the request to receive additional funds for operational support through
a source other than the Cultural Services Committee.
The City Manager recommended that Council transfer $283,443.00 from the
Cultural Services Committee, Account No. 001-310-5221-3700, to certain new line
items to be established within the Cultural Services Committee budget by the
Director of Finance for fiscal year 2001-02.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
373
(#35420-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35420-061801. The motion
was seconded by Mr. Harris.
Aletha Bolden, Executive Director, Harrison Museum of African-American
Culture, 523 Harrison Avenue, N. W., expressed appreciation to the City of Roanoke
for its past financial support of the Harrison Museum through Cultural Services
Committee allocations, which support has been geared toward programs and not
operational needs.
She stated that since its inception, the Harrison Museum of African-American
Culture has been a strong hold in the community and is recognized throughout the
country as an important institution for the preservation of African-American culture;
allocations through the Cultural Services Committee have aided in the programming
needs of the Harrison Museum; however, recent State funding cuts have had a
devastating effect on the Harrison Museum by causing certain programs and art
venues to be canceled, and the Museum has recently been forced to reduce the
hours of operation in which it is open to the public. She advised that the Harrison
Museum Board of Directors is committed and dedicated to the Museum's strategic
plan which includes funding community outreach and marketing of the Museum; and
strong support is needed from the City of Roanoke to enable the Harrison Museum
to continue to exist. She pointed out since the Museum is located off of the beaten
path, the formation of partnerships with other arts and cultural organizations has
been an important and valuable part of the program, and the Harrison Museum and
other arts and cultural organizations of the Roanoke Valley are part of a master plan
initiated by the Arts Council of the Blue Ridge, the purpose of which is to emphasize
the importance of the arts and culture to the region by documenting the impact of
arts and cultural organizations on the Roanoke Valley's quality of life and economic
vitality. She stated that the Harrison Museum's audience is primarily drawn from the
City of Roanoke and the Museum's limited staff aspires to meet the artistic needs of
all residents of the Roanoke Valley; however, programs and art exhibits over the
last two years have decreased dramatically due to the lack of funding. She requested
that the City of Roanoke recognize the importance of the Harrison Museum by
supporting the recommendation of the Cultural Services Committee that the
Harrison Museum of African American Culture receive additional funds in the
amount of $75,000.00, for operational support through another source of funding
other than the Cultural Services Committee.
374
Ordinance No. 35420-061801. was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith 5.
NAYS: None ........................................................................................ -0.
(Council Members White and Wyatt were absent.)
WATER RESOURCES: The City Manager submitted a communication with
regard to bids received by the City for water and wastewater treatment chemicals for
Water and Water Pollution Control divisions, to allow for purchase of necessary
chemicals to operate the facilities.
The City Manager recommended that Council authorize acceptance of the
lowest responsible bids as follows, reject all other bids received by the City, and
authorize the Manager of the Purchasing Department to issue the necessary
purchase orders.
Description
Successful Bidder
Total Estimated Cost
Liquid Alum General Chemical Corp. $ 70,466.00
Liquid Chlorine
150 lb. cylinders
JCl Jones Chemicals, Inc.
$ 8,670.00
Liquid Chlorine
2,000 lb. cylinders
JCl Jones Chemicals, Inc.
$ 28,920.00
Sodium Hydroxide
Carvins Cove
GFI Chemicals LP
$ 112,787.00
Sodium Hydroxide
Falling Creek
Orthophosphate
JCl Jones Chemicals, Inc.
Shannon Chemical Corp.
$ 7,400.00
$ 34,72O.OO
Polymer Praestol
186 KH
Control Equipment Co., Inc.
$ 49,764.00
Liquid Chlorine
2,000 lb. cylinders
JCl Jones Chemicals, Inc.
$ 33,740.00
Ferric Chloride
Sulfur Dioxide
Catonic Polymer
Eaglebrook, Inc.
JCl Jones Chemicals, Inc.
Ciba Specialty Chemicals
Corp.
$ 128,800.00
$ 51,800.00
$ 43,400.00
375
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35421-061801) A RESOLUTION accepting the bids for water and wastewater
treatment chemicals for fiscal year 2001-2002, and rejecting all other bids.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35421-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
WATER RESOURCES-EQUIPMENT: The City Manager submitted a
communication with regard to bids received by the City for ductile iron water pipe;
whereupon, she recommended that Council accept the Iow bid submitted by U. S.
Filter Distribution Group, Inc. for a period of one year, on a unit cost basis as set
forth in bid documents, not anticipated to exceed $163,719.00 and reject all other
bids received by the City, and authorize the Manager of the Purchasing Department
to issue purchase orders.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35422-061801) A RESOLUTION accepting the bid of U. S. Filter Distribution
Group, Inc., made to the City for furnishing and delivering ductile iron water pipe;
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 64.)
376
Mr. Harris moved the adoption of Resolution No. 35422-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith.5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
CITY CODE-SEWERS AND STORM DRAINS: The City Manager submitted a
communication advising that the United States Environmental Protection Agency
(U. S. EPA) regulations require that a scientific study and evaluation of the local
limits section of sewer use ordinances/standards be conducted every five years;
requirements set forth specific criteria for evaluation of the quality of raw sewage
and numerous considerations regarding plant performance in order to quantify
permissible loading rates for specific pollutants; computer analysis, using an
approved EPA modeling program, of collected data is performed in order to generate
modifications to current sewer use limits; in accordance with regulations, the
required study was completed by the Water Pollution Control Plant, and results of
the study require that revisions be made to the quantity of various metals and other
parameters specifically regulated by the local limits sections of the Sewer Use
Standards; the revisions were calculated and submitted for approval to the Virginia
Department of Environmental Quality (DEQ) and the EPA, and both agencies have
issued approval of the required revisions; in addition to the required changes,
additional work was completed to clarify and/or simplify certain language in that
portion of the City Code; and the body of work and the subsequent revisions are
necessary to maintain compliance with the current Virginia Pollution Discharge
Elimination System (VPDES) permit for the Water Pollution Control Plant.
It was further advised that the approval process for the State DEQ included
a public advertisement and public comment period regarding the proposed changes,
and Water Pollution Control Plant staff have directly communicated the changes to
businesses and industries permitted for industrial discharge to the treatment plant;
no significant comments were received in relation to either of the activities,
inasmuch as there has been a good understanding that the revisions are required
by Federal regulations; and the changes do not present any budgetary concerns or
considerations.
The City Manager recommended that Council adopt revisions to the Sewer
Use Standards, Chapter 26, Article III, Code of the City of Roanoke (1979), as
amended.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
377
(#35423-061801) AN ORDINANCE amending and reordaining Chapter 26,
Sewers and Sewage Disposal, Article III. Sewer Use Standards, Code of the City of
Roanoke (1979), as amended, by amending certain subsections of I]26-43,
Definitions, 1126-45, Prohibited discharqes _~enerally, 1126-46, Discharge of heavy
metals and toxic materials, 1126-51, Discharge of substances capable of impairinq.
etc., facilities, and 1126-56, Discharge permits for industrial waste, with regard to the
quantity of various metals and other parameters specifically regulated by this Code
in order to comply with regulations of the United States Environmental Protection
Agency (EPA), which proposed amendments have been approved by both the EPA
and the Virginia Department of Environmental Quality (DEQ); and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35423-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None ......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BONDS/BOND ISSUES-BUDGET-STREETS AND ALLEYS: The City Manager
and the Director of Finance submitted a written report advising that on April 16,
2001, Council adopted Resolution No. 35293-041601 which authorized the City to
issue general obligation bonds in the year 2002 in the principal amount of $12
million, pursuant to the Public Finance Act of 1991 (Code of Virginia), for the
purpose of assisting the Roanoke Redevelopment and Housing Authority in paying
a portion of the costs of a redevelopment project in the City known as the South
Jefferson Redevelopment Project; funding in the amount of $4 million has been
requested by the Housing Authority and will be used for property acquisition,
relocation of existing businesses, environmental remediation, and demolition; and
funds will be provided through General Obligation Bonds to be issued in during the
winter season of 2002 as the Series 2002 bond issue.
The City Manager and the Director of Finance recommended appropriation of
$4 million from the sale of Series 2002 general obligation bonds to the South
Jefferson Project, Account No. 008-052-9633.
(For full text, see report on file in the City Clerk's Office.)
378
Mr. Carder offered the following emergency budget ordinance:
(#35424-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35424-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ...................................................................................................... 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
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 in the Code amendments made by the General
Assembly at the previous Session to State statutes that are incorporated by
reference in the City Code, which ensures that ordinances codified in the City's
Code incorporate the most recent amendments to State law.
The City Attorney recommended that Council adopt an ordinance to readopt
and reenact the Code of the City of Roanoke (1979), advising 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35425-061801) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
379
Mr. Harris moved the adoption of Ordinance No. 35425-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
DIRECTOR OF FINANCE:
BUDGET-RISK MANAGEMENT: The City Manager and the Director of Finance
submitted a joint written report advising that the City accounts for all self-insured
liabilities in its Risk Management Internal Service Fund; the Fund has incurred costs
in excess of budget during fiscal year 2001, and has also billed user funds and
departments at amounts exceeding the original revenue estimates to recover costs;
and to properly balance the budget to actual accounting for the year, the following
budgetary adjustments are recommended:
Expenditure Accounts:
Environmental Management Regular Employee Salaries (Account No.
019-310-1214-1002)
An increase of $8,000.00 is needed because the position budgeted was
at a lower pay grade than actually utilized. The related benefit accounts
also require adjustment as follows:
Environmental Management City Retirement
(Account No. 019-310-1214-1105) Increase $1,500.00; and
Environmental Management FICA
(Account No. 019-310-1214-1120) Increase $2,000.00
Risk Manacjement Fees For Professional Services (Account No.
019-420-1262-2010)
380
An increase of $12,000.00 is needed to provide funding for professional
fees paid for a consultant study of utilizing a third party for workers'
compensation. A report will be presented at the July 2, 2001 City
Council meeting regarding a recommendation to contract for these
services.
Risk Management Self Insured Auto Liability Claims (Account No.
019.420-1262-2173)
An increase of $20,000.00 is needed due to claims in the fiscal year
which exceeded the original estimate of $69,000.00. Fluctuation occurs
from year to year in the level of such expenses based upon the City's
experience.
Risk Management Miscellaneous Claims (Account No. 019.420-1262-
2172)
An increase of $80,000.00 is needed due to the unusually high level of
claims paid for water main breaks during the cold winter season.
Risk Management Workers' Comp Medical Expenses (Account No. 019-
420-1262-2181 )
An increase of $250,000.00 is needed due to a higher than typical level
of medical claims paid. This is due to several fairly severe medical
conditions which have resulted in costly medical expenses.
Revenues:
Risk Management Billings to General Fund (Account No. 019-110-1234-
0952)
An increase of $3,500.00 is needed due to increased fund billings
resulting from higher expenses than originally anticipated.
Risk Management Billings to Water Fund (Account No. 019-110-1234-
0953)
An increase of $120,000.00 is needed due to the additional billings
made to the fund for water main breaks incurred during the year. Other
expense increases also necessitated a higher billing. Funding is
available in the water fund operating accounts to provide for higher
billings.
381
Risk Management Workers' Comp Billings - Medical (Account No. -110-
1234-1171)
An increase of $250,000.00 is needed in the revenue account to
correspond to the increased expense budget previously cited. Billings
are made to all funds of the City, the largest being made to the General
Fund. Additional funding of $212,000.00 was allocated from unused
FICA to cover General Fund workers comp expenditures. Other funds
can absorb additional workers comp costs through operating accounts.
The City Manager and the Director of Finance recommended adjustments in
the Risk Management Internal Service Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35426-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Risk Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35426-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
POLICE DEPARTMENT-BUDGET-TRANSPORTATION FUND: The Director of
Finance submitted a written report advising that the annual Transportation Fund
Appropriation of the City of Roanoke for the fiscal year beginning July 1,2001, and
ending June 30, 2002, with revenues totaling $1,970,217.00 and expenditures totaling
$2,043,043.00, was adopted by Council on May 7, 2001, pursuant to by Ordinance No.
35334-050701; the Transportation Fund revenues fund expenses, less depreciation,
plus principal reduction on indebtedness; and appropriation of $73,200.00 for the
purchase of an automated parking ticket system was omitted from the
Transportation Fund Appropriation Ordinance.
382
The Director of Finance recommended that Council appropriate $73,200.00 to
the 2001-2002 Transportation Fund budget, to provide funds for an automated
parking ticket system.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35427-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Transportation Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35427-061801. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith..5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET: The Director of Finance submitted a written report advising that
capital projects of all types have been approved by Council for construction over the
past years, which have included construction in major categories for buildings,
parks, streets, bridges, sanitary sewers, water projects, storm drains, and various
technology related projects; funding is established for each project when Council
approves 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 the final bills are paid because those projects have been completed
within established budgets.
It was further advised that a number of projects have been completed and can
be closed, with remaining funds to be transferred from the completed projects to
capital projects still under construction; a proposed budget ordinance will transfer
remaining funds totalling $306,389.00 from completed projects to related projects
under construction; $89,318.00 in funds have been transferred from the completed
Sidewalks and Curbs Phase 3 and Phase 4 projects to the continuing Sidewalks and
Curbs Phase 5 project; the three Bridge Replacement Project has been closed, and
$89,608.00 in remaining funds have been transferred to the ongoing Bridge
383
Maintenance Project; several bridge related projects have been closed, and
$48,231.00 have been transferred to the new Memorial Bridge Rehabilitation Project;
Thomason Road Engineering Project and the Murdock Creek Drainage Project have
been completed and will transfer $30,591.00 and $36,636.00, respectively, to the
recently created Miscellaneous Drainage Phase 2 Project; and various Department
of Technology projects have been closed, and $19,929.00 have been transferred to
an existing project account for system development.
The Director of Finance recommended that Council authorize the transfer of
funds from completed capital projects to certain appropriate accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35428-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects and Department of Technology Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35428-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
BUDGET-GRANTS-SCHOOLS: The Director of Finance submitted a written
report summarizing the appropriation of the following School Board grants for fiscal
year 2001-2002:
$3,194,048.00 for the Title I Winter Program,
$146,285.00 for the Title I Even Start Family Literacy Grant,
$204,512.00 for the Title VI Program,
$687,263.00 for Title VI Class Size Reduction Initiative,
384 -
$1,419,311.00 for the Governor's School Program,
$85,933.00 for the Eisenhower Title II Professional Development
Program,
$1,681,197.00 for the Flow Through Program,
$197,817.00 for the Fleming-Ruffner Community Learning Center,
$69,755.00 for the Child Specialty Services Program,
$73,460.00 for the Child Development Clinic Program,
$222,391.00 for the Juvenile Detention Home Program,
$135,979.00 for the Preschool Incentive Program,
$163,604.00 for the Adult Basic Education Program,
$131,211.00 for the Apprenticeship Program,
$49,960.00 for the Jobs for Virginia Graduates Program,
$397,251.00 for the Perkins Act Program,
$39,911.00 for the Regional Adult Education Specialist Program,
$150,098.00 for the Regional Adult Literacy (TAP) Program,
$8,612.00 for the General Education Development (GED) Testing
Program,
$56,297.00 for the Summer Youth Employment Program,
$26,913.00 for the Workplace Education Program,
$35,222.00 for the Regional Adult Basic Education Program,
$21,341.00 for the Adult Education in the Jail Program,
$1,375,023.00 for the Alternative Education Program,
385
$90,706.00 for the Drug Free Schools Program,
$159,071.00 for the Roanoke Adolescent Health Partnership,
$3,750.00 for the Grants Management Program,
$243,863.00 for the Project YES (Youth Experiencing Success)
Program,
$67,041.00 for the Homeless Assistance Program,
$47,367.00 for the State Truancy Project,
$449,532.00 for the Blue Ridge Technical Academy,
$6,797.00 for the Special Education Interpreter Training Program,
$170,173.00 for the Special Education Jail Program, and
$305,665.00 for the Innovative Grant.
The Director of Finance recommended that Council adopt a budget ordinance
providing for the above referenced appropriations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35429-061801) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects and Department of Technology Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35429-061801. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith .............................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
386 -'
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:
PURCHASE/SALE OF PROPERTY-WATER RESOURCES: At a regular meeting
of Council held on Monday, May 7, 2001, Council tabled a communication from the
City Manager with regard to adoption of a policy on the sale of land in City-owned
watersheds, pending response to certain questions raised by Council MemberWyatt,
Mr. Harris moved that the matter be removed from the table. The motion was
seconded by Mr. Carder and adopted.
The City Manager submitted a communication advising that the City of
Roanoke currently owns over 14,000 acres of watershed and buffer property for the
protection and preservation of the Carvins Cove Reservoir and the Beaver and
Falling Creek Reservoirs; watershed property provides drainage from rainfall into
the storage reservoirs and is the only source of recharge; buffer property while
beyond the divide of the watershed, provides protection against intrusion upon the
watershed property; and City policy has been that watershed property is not for sale
while buffer property may be considered for lease or sale on an extremely limited
basis.
It was further advised that the City receives requests periodically for the
purchase of watershed and..buffer property from adjoining property owners; and
recent requests have identified a need to establish a policy for the sale of property
within the City of Roanoke water supply watersheds.
The City Manager recommended adoption of a policy on the sale of land in
City-owned watersheds to establish a consistent means of addressing future
requests.
(For full text, see communication and proposed policy on file in the City Clerk's
Office.)
Mr. Harris offered the following resolution:
(#35430-061801) A RESOLUTION approving and adopting the City of Roanoke
Policy on the Sale of Property within the City of Roanoke Water Supply Watersheds,
in accordance with the City Manager's Letter to this Council dated June 18, 2001.
(For full text of Resolution, see Resolution Book No. 64.) __
387
Mr. Harris moved the adoption of Resolution No. 35430-061801. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor
Smith ............................................................................................................. -5.
NAYS: None .......................................................................................... -0.
(Council Members White and Wyatt were absent.)
INTRODUCTION AND
RESOLUTIONS: NONE.
CONSIDERATION
OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 3:25 p.m., the Mayor declared the meeting in recess for three closed
sessions.
At 4:15 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, with Mayor Smith
presiding, for the purpose of meeting with the Vision 2001 Comprehensive Plan
Advisory Committee and the City Planning Commission to review the Draft of the
2001 Comprehensive Plan for the City of Roanoke.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C.
Nelson Harris, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith.
2001 COMPREHENSIVE PLAN ADVISORY COMMITTEE MEMBERS PRESENT:
Walter Rugaber, Chair, Patrick N. Shaffner, Richard A Dearing, John P. Bradshaw,
Jr., Mary C. Knapp, Fredrick M. Williams, Carl Cooper, Paula L. Prince, Dan Smith,
Brian Gottstein and Brian Shepherd.
CITY PLANNING COMMISSION MEMBERS PRESENT: D. Kent Chrisman, Chair,
Alfred T. Dowe, Jr., Richard A. Rife, S. Wayne Campbell, and Melvin L. Hill.
388
OTHERS PRESENT: Ernie Hutton, representing Hutton Associates, Inc.; Jenny
Benson, representing Benson Associates - Hill Studio PC; Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance;
Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor,
Director of Real Estate Valuation; Evelyn S. Lander, Director of Planning, Building
and Development; David A. Diaz, Project Manager, Department of Planning, Building
and Development; and Martha P. Franklin, Secretary, City Planning Commission.
COMMUNITY PLANNING: Ms. Lander expressed appreciation to the Vision
2001 Advisory Committee for the many hours of volunteer service. She advised that
the Vision 2001 Comprehensive Plan is an important tool in building future public
decisions in land use, development, public infrastructure, and budget allocations;
the Plan is broad in its discussion, yet strategic in setting a framework for
implementation; the recommended actions are not intended to be detailed and all
inclusive, but were identified as having the most priority during public workshops
and are intended to initiate additional planning or activities.
It was explained that key themes to guide Roanoke into the future are
discussed in the Executive Summary section of the Plan; Chapter 3 discusses the
various elements: housing and neighborhoods, economic development,
infrastructure, people or human services, public facilities and services and
environmental, cultural and historic resources; Chapter 3 also describes existing
conditions, discusses the approach for the future, and sets forth recommended
public policies and possible actions to guide decisions and implement the Plan; a
discussion of the importance of City design is included, along with design principles
for encouraging quality, compatible development and a beautiful City; specific
implementation opportunities or strategic initiatives are discussed as ideas to make
the Plan "happen" and those model initiatives can be applied to areas of the City.
It was noted that Chapter 4 seeks to achieve the goal that Roanoke must be a
beautiful City, by establishing general design principles to guide future infill new
development, street improvements, and redevelopment of underused sites;
Chapter 5 includes a strategic checklist or matrix of the recommended actions
discussed in Chapter 3 which will allow for easy review and reporting of
accomplishments and work efforts in the future; and Chapter 6 addresses regional
opportunities, regulatory tools and other means of implementing the Plan.
Walter Rugaber, Chair, Vision 2001 Advisory Committee, presented an
overview of the draft Plan.
(For full text, see draft Vision 2001 Comprehensive Plan on file in the City Clerk's
Office.)
389
Following questions and observations by Council Members, Ms. Lander
advised that the City Planning Commission has scheduled a public hearing for
July 19, 2001, with the goal of submitting the Plan to Council at its Monday,
August 20, 2001 meeting. She stated that over the next two to three weeks, City
Planning staff would like to receive as much feedback as possible in order to
address issues of concern prior to the document going to the City Planning
Commission for public hearing.
Council Member Harris requested that the City Manager respond to the
following questions:
What are the three most difficult elements of the Plan as it moves from
planning to action?
How will the various initiatives in the Plan be prioritized?
What process will be developed by Council and the City administration
to hold City government accountable for implementation of the Plan?
At 5:05 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding.
The purpose of the meeting was to hold a joint work session with the City
Planning Commission to further discuss the draft Vision 2001 Comprehensive Plan.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
C. Nelson Harris, and Mayor Ralph K. Smith.
CITY PLANNING COMMISSION MEMBERS PRESENT: D. Kent Chrisman, Chair,
Alfred T. Dowe, Jr., S. Wayne Campbell, Melvin L. Hill, Richard Rife and Gilbert E.
Butler, Jr. (arrived late).
OTHERS PRESENT: Ernie Hutton, representing Hutton Associates, Inc.; Jenny
Benson, representing Benson Associates - Hill Studio PC; Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance;
Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor,
Director of Real Estate Valuation; Evelyn S. Lander, Director of Planning, Building
and Development; David A. Diaz, Project Manager, Department of Planning, Building
and Development; and Martha P. Franklin, Secretary, City Planning Commission.
Following further review of certain portions of the draft Plan by Mr. Rife, the
Mayor declared the Council meeting in recess at 6:25 p.m.
390
Council reconvened at 6:30 p.m., for a continuation of the previously
convened closed session, in the Council's Conference Room, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
At 6:50 p.m., the meeting reconvened in the Council Chamber with Mayor
Smith presiding and all Members of the Council in attendance, with the exception of
Council Members White, Wyatt and Hudson.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bethpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith .......... -4.
NAYS: None ................................................................................... 0.
(Council Members Hudson, White and Wyatt were absent.)
COMMITTEES-SPECIAL EVENTS COMMITTEE: The Mayor advised that there
is a vacancy on the Special Events Committee, created by the resignation of
Samuel G. Oakey, III, for a term ending June 30, 2002, and called for nominations to
fill the vacancy.
Mr. Bestpitch placed in nomination the name of Linda Gravely.
There being no further nominations, Ms. Gravely was appointed as a member
of the Special Events Committee for a term ending June 30, 2002, by the following
vote:
FOR MS GRAVELY: Council Members Bestpitch, Carder, Harris and Mayor
Smith ...................................................................................................... --4.
(Council Members Hudson, White and Wyatt were absent.)
COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor advised that
there is a vacancy on the Youth Services Citizen Board created by the resignation
of Todd St. Clair for a term ending May 31,2004, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Sharon Hicks.
391
There being no further nominations, Ms. Hicks was appointed as a member
of the Youth Services Citizen Board for a term ending May 31,2004, by the following
vote:
FOR MS. HICKS: Council Members Bestpitch, Carder, Harris and Mayor
Smith ........................................................................................................... -4.
(Council Members Hudson, White and Wyatt were absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there
are two vacancies on the Roanoke Arts Commission created by the resignations of
Lu Jean Bedard for a term ending June 30, 2002, and Matthew Kennell for a term
ending June 30, 2004, and called for nominations to fill the vacancies.
Mr. Carder placed in nomination the names of George Kegley and Michael
Brennan.
There being no further nominations, Mr. Kegley was appointed to fill the
unexpired term of Lu Jean Bedard, resigned, ending June 30, 2002; and Michael
Brennan was appointed for a term ending June 30, 2004, as members of the
Roanoke Arts Commission, by the following vote:
FOR MESSRS. KEGLEYAND BRENNAN: Council Members Bestpitch, Carder,
Harris and Mayor Smith .................................................................................... -4.
(Council Members Hudson, White and Wyatt were absent.)
At 6:55 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m.
On Monday, June 18, 2001, at 7:00 p.m., the Roanoke City Council reconvened
in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C.
Nelson Harris, and Mayor Ralph K. Smith ........................................................... -4.
ABSENT: Council Members W. Alvin Hudson, Jr., William White, Sr., and
Linda F. Wyatt .................................................................................................. -3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
392
The meeting was opened with a prayer by Council Member C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a request of Richard A. Dearing to vacate and discontinue and close a
certain public alley extending between Richelieu and Crystal Spring Avenues, S. W.,
the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 1, 2001, and Friday, June 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Planning Commission advising that the land within the alley
being requested for closure and vacation is currently serving no useful purpose; and
upon closure and vacation of the alley, the land within the alley right-of-way will
revert back to the City's real estate tax rolls and all future City costs required for
maintenance of the alley will be eliminated, was before Council.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch moved that the following ordinance be placed on its first
reading:
(#35431) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr Carder.
Mr. Richard A. Dearing appeared before Council in support of the request.
393
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35431 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... .4.
NAYS: None .......................................................................................... -0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council, the Mayor declared the public hearing closed.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of Shenandoah Crossings, L.P., that an alley extending
between Shenandoah and Centre Avenues, N. W., Official Tax No. 2013606, 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, June 1, 2001, and Friday, June 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose of the
request to close and vacate the subject alley is to remove and eliminate the alley as
an objection to title to the land occupied by the GOB South Building; and the
petitioner owns all of the land abutting upon both sides of the subject alley, was
before Council.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35432) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64.)
394
The motion was seconded by Mr. Carder.
Daniel F. Layman, Jr., Attorney, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35432 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4.
NAYS: None .................................................................................... -0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council, the Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Melrose Properties, Inc., that a tract of land located at Melrose Avenue
and 24th Street, N. W., Official Tax No. 2420205, be rezoned from C-2, General
Commercial District, to IPUD, Industrial Planned Unit Development District, subject
to certain proffered conditions by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 1, 2001, and Friday, June 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to encourage development of the site for light manufacturing
(i.e., warehousing, distribution) and commercial (i.e., general retail) purposes, was
before Council.
The City Planning Commission recommended that Council approve the
request, subject to certain proffered conditions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that the following ordinance be placed upon its first
reading:
395
(#35433) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr Bestpitch.
David A. McCray, Spokesperson, appeared before Council in support of the
request of his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35433 was
adopted on its first reading by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4.
NAYS: None .......................................................................................... -0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council, the Mayor declared the public hearing closed.
NEIGHBORHOOD ORGANIZATIONS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the
matter may be heard, to receive citizen input on a proposed amendment to Roanoke
Vision, the City's Comprehensive Development Plan for Roanoke, to include the
Melrose-Rugby Neighborhood Plan as an element of said Plan the matter, was before
the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, June 10, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Planning Commission recommended amendment of the
Comprehensive Plan to incorporate the Melrose-Rugby Neighborhood Plan.
(For full text, see report on file in the City Clerk's Office.)
396
Mr. Carder offered the following resolution:
(#35434-061801) A RESOLUTION approving the Melrose-Rugby Neighborhood
Plan, and amending Roanoke Vision, the City's Official Comprehensive Development
Plan for Roanoke, to include the Melrose-Rugby Neighborhood Plan.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35434-061801. The motion
was seconded by Mr. Bestpitch.
Evelyn S. Lander, Agent, City Planning Commission, appeared before Council
in support of the request.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Resolution No. 35434-061801
was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4.
NAYS: None-- 0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council, the Mayor declared the public hearing closed.
INDUSTRIES-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter
may be heard, to receive citizen input on a proposal to convey portions of City-
owned property located at the Roanoke Centre for Industry and Technology to Blue
Hills Golf Corporation (approximately 14,000 square feet) and to Anderson Wade
Douthat, et aL (approximately 12,000 square feet), the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, June 10, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a communication recommending authorization
to convey City-owned property to Blue Hills Golf Corp., and to Anderson Wade
Douthat, et al, subject to certain terms and conditions.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
397
(#35435) AN ORDINANCE providing for the fee simple conveyance of two small
tracts of City-owned property located at the Roanoke Centre for Industry and
Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation
(containing approximately 14,000 square feet), and to Anderson Wade Douthat, et al.
(containing approximately 12,000 square feet), upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35435 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4.
NAYS: None .......................................................................................... -0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council the Mayor declared the public hearing closed.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke that a certain alley which crosses
Official Tax No. 4010213, between Norfolk Avenue, S. E., and property bearing
Official Tax No. 4010209, and facing Salem Avenue, S. 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, June 1, 2001, and Friday, June 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the undeveloped alley
right-of-way is currently serving no useful purpose, it lies within the center of an
existing parking lot, and it is not being used as a public alley; and closure and
vacation of the alley will provide additional land that can be used by the Western
Virginia Foundation for the Arts and Services for purposes that would be more
beneficial to the needs of the general public, was before Council.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
398
Mr. Carder moved that the following ordinance be placed upon its first
reading:
(#35436) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35436 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4.
NAYS: None ......................................................................................... --0.
(Council Members Hudson, White and Wyatt were absent.)
Without objection by Council the Mayor declared the public hearing closed.
OTHER HEARING OF CITIZENS:
The Mayor advised that Council sets this time as a priority for citizens to
speak and a time for Council to listen; and matters requiring referral to the City
Mangers will be referred immediately for necessary and appropriate response,
recommendation or report Council.
COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 617 Hanover Avenue,
N. W., addressed Council in connection with Iow wages paid to the City's work force.
He advised that the average City employee cannot afford to purchase a home and
there is increased crime and homelessness in the City of Roanoke. He expressed
concern with regard to City recreation centers that are in need of roof repairs, and
school that are in need of renovations while funds from City bond issues are used
for purposes that do not benefit the average citizen of Roanoke.
399
There being no further business, the Mayor declared the meeting adjourned
at 7:20 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
=~_,_~~'~~Ralph K Smith
Mayor
4OO
REGULAR WEEKLY SESSION m ROANOKE CITY COUNCIL
July 2, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 2,
2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William
White, Sr., William D. Bestpitch and Mayor Ralph K. Smith .................................... 5.
ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt .................. 2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; and Mary F. Parker, City Clerk.
COUNCIL-COMMITTEES: A communication from Mayor Ralph K. Smith
requesting that Council convene in Closed Session to discuss vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the Mayor to convene
in Closed Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................ 5.
NAYS: None ........................................................................................ -0.
(Council Members Harris and Wyatt were absent.)
COUNCIL-DIRECTOROF FINANCE-CITY EMPLOYEES: Acommunication from
Council Member C. Nelson Harris, Chair, City Council Personnel Committee,
requesting that Council convene in Closed Session to discuss personnel matters
401
relating to evaluation of a Council-Appointed Officer and compensation for Council-
Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of Council Member Harris
to convene in Closed Session to discuss personnel matters relating to evaluation
of a Council-Appointed Officer and compensation for Council-Appointed Officers,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
COUNCIL-MUNICIPAL AUDITOR: A communication from Council Member C.
Nelson Harris, Chair, City Council Personnel Committee, requesting that Council
convene in Closed Session to discuss the appointment of a new Municipal Auditor,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of Council Member Harris
to convene in Closed Session to discuss appointment of a new Municipal Auditor,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ -0.
(Council Members Harris and Wyatt were absent.)
At 12:17 p.m., the Mayor declared the meeting in recess for three Closed
Sessions.
403
There being no further nominations, Messrs. Worrell, Moore, Hoopes and Gray
were reappointed as members of the War Memorial Committee for terms ending
June 30, 2002, by the following vote:
FOR MESSRS. WORRELL, MOORE, HOOPES AND GRAY: Council Members
Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5.
(Council Members Harris and Wyatt were absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN RESOURCES: The Mayor advised
that the one year terms of office of Frank W. Feather, Pam Kestner-Chappelear,
Margaret C. Thompson, Evelyn F. Board, Cynthia S. Bryant and Glenn D. Radcliffe
as members of the Human Services Committee expired on June 30, 2001, and called
for nominations to fill the vacancies.
Mr. Carder placed in nomination the names of Frank W. Feather, Pam Kestner-
Chappelear, Margaret C. Thompson, Evelyn F. Board, Cynthia S. Bryant and Glenn
D. Radcliffe.
There being no further nominations, Ms. Kestner-Chappelear, Ms. Thompson,
Ms. Board, Ms. Bryant and Messrs. Feather and Radcliffe were reappointed as
members of the Human Services Committee for terms ending June 20, 2002, by the
following vote:
FOR MS. KESTNER-CHAPPELEAR, MS. THOMPSON, MS. BOARD, MS.
BRYANT AND MESSRS. FEATHER AND RADCLIFFE: Council Members Carder,
Hudson, White, Bestpitch and Mayor Smith ....................................................... -5.
(Council Members Harris and Wyatt were absent.)
COMMITTEES-CONVENTION AN D VISITORS BUREAU: The Mayor advised that
the one year term of office of Sunny Shah as a City representative to the Roanoke
Valley Convention and Visitors Bureau Board of Directors expired on June 30, 2001,
and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Sunny Shah.
There being no further nominations, Mr. Shah was reappointed as a City
representative to the Roanoke Valley Convention and Visitors Bureau Board of
Directors for a term ending June 30, 2002, by the following vote:
FOR MR. SHAH: Council Members Carder, Hudson, White, Bestpitch and
Mayor Smith ................................................................................................... 5.
(Council Members Harris and Wyatt were absent.)
4O5
COMMITTEES-OATHS OF OFFICE-ARTS COMMISSION: The Mayor advised
that the three year terms of office of Robert Humphreys, Mark C. McConnel and Will
Trinkle as members of the Roanoke Arts Commission expired on June 30, 2001, and
called for nominations to fill the vacancies.
Mr. Carder placed in nomination the names of Robert Humphreys, Mark C.
McConnel, and Will Trinkle.
There being no further nominations, Messrs. Humphreys, McConnel, and
Trinkle were reappointed as members of the Roanoke Arts Commission for terms
ending June 30, 2004, by the following vote:
FOR MESSRS HUMPHREYS, MCCONNEL AND TRINKLE: Council Members
Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5.
(Council Members Harris and Wyatt were absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the
three year terms of office of Herbert D. McBride, Brenda L. McDaniel and B. Gayle
Graves as members of the Roanoke Public Library Board expired on June 30, 2001,
and called for nominations to fill the vacancies.
Mr. Carder placed in nomination the names of Herbert D. McBride, Brenda L.
McDaniel and B. Gayle Graves.
There being no further nominations, Mr. McBride, Ms. McDaniel and Ms.
Graves were reappointed as members of the Roanoke Public Library Board for terms
ending June 30, 2004, by the following vote:
FOR MR. MCBRIDE, MS. MCDANIEL AND MS. GRAVES: Council Members
Carder, Hudson, White, Bestpitch and Mayor Smith ............................................. 5.
(Council Members Harris and Wyatt were absent.)
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Mayor advised
that the three year term of office of Brian M. Shepard as a City representative to the
Roanoke Valley Greenway Commission expired on June 30, 2001, and called for
nominations to fill the vacancy.
Mr. Carder placed in nomination the name of Brian M. Shepard.
407
At 1:30 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke.
At 2:00 p.m., on Monday, July 2, 2001, the regular meeting of Roanoke City
Council reconvened in the City Council Chamber, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., with Mayor Ralph K. Smith presiding, and the following
members of Council in attendance.
PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William
White, Sr., William D. Bestpitch and Mayor Ralph K. Smith .................................... 5.
ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt ................. -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The meeting was opened with a prayer by Frances S. Stebbins, Christian
Educator, St. Paul's Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS:
DECEASED PERSONS: Mr. Carder offered the following resolution
memorializing the late Lewis Gregory Leftwich, former Building Commissioner, for
the City of Roanoke:
(#35437-070201) A RESOLUTION memorializing the late Lewis Gregory Leftwich
of Bedford County, Virginia.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35437-070201. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith .............................................................................................................. 5.
NAYS: None ....................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
408
The Mayor presented a signed copy of the above referenced measure to Mr.
and Mrs. Robert Leftwich, son and daughter-in-law of the late Mr. Leftwich, and
expressed condolences on behalf of the citizens of the City of Roanoke and the
Members of City Council.
ACTS OF ACKNOWLEGEMENT: The Mayorwelcomed the newly crowned Miss
Virginia, Meghan Shandley, and presented her with a Key to the City.
PUBLIC HEARING:
CITY PROPERTY-YMCA: Pursuant to instructions of Council, the City Clerk
having advertised a public hearing for Monday, July 2, 2001, at 2:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber, on a proposal
of the City of Roanoke to convey City-owned property located at 506 Church Avenue,
S. W., and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, 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 Sunday, June 24, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the City Manager advising that the YMCA of Roanoke
Valley, a non-profit organization, plans to construct a new 40,000 square feet Central
Branch YMCA to be located at 5t~ Street and Luck Avenue; the facility is needed to
accommodate its expanding number of programs and to replace its current outdated
facility; construction of the new $6.5 million facility is scheduled to begin no later
than June 1, 2002; and the YMCA has made a formal offer to the City to enter into a
collaborative agreement for partnering on the development and use of the new
facility.
It was further advised that the agreement specifies that the City will provide
a $2 million grant toward construction of the indoor aquatic facility; annual equal
payments will be made to the YMCA over a period often years, with the first payment
of $200,000.00 due by September 1, 2001; funding of the $200,000.00 for the fiscal
year 2002 payment is available in Account No. 008-530-9757-9003, and funding for
the annual payment of $200,000.00 for the remainder of the nine year commitment
will be provided for annually during the budget adoption process; funding for
operational support will not be requested; to facilitate construction, a real estate
swap will occur between the City and the YMCA; the City will transfer title of Official
Tax Nos. 1113419 and 1113418 (506 Church Avenue and the adjoining lot) to the
YMCA; upon completion of construction of the new facility, the YMCA will transfer
409
title of its current parking lot and facility, excluding the annex gymnasium, which
adjoins the current Central Branch of the YMCA (425 Church Avenue), Official Tax
Nos. 1011206, 1011209 and 1011210; and property received by the City may be
valuable in addressing parking needs in the area.
The City Manager recommended 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.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35438) 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 at 506 Church Avenue and the
adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of
Roanoke Valley, Inc., upon certain terms and conditions.
(For full text of ordinance, see Ordinance Book No. 64.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
the matter; whereupon, Fulton Calvin Johnson, Executive Director, YMCA of
Roanoke Valley, Inc., and John Williamson, Member, Board of Directors, YMCA of
Roanoke Valley, Inc., spoke in support of the proposal.
No other persons wishing to be heard, Ordinance No. 35438, on its first
reading, was adopted by the following vote:
AYES: Council Members Carder, Hudson, White and Mayor Smith ................ -4.
NAYS: None ........................................................................................ 0.
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA of Roanoke Valley, Inc.)
(Council Members Harris and Wyatt were absent.)
The Mayor declared the public hearing closed.
410
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; there would be no separate discussion of the items; and if discussion was
desired, the item would be removed form the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 16, 2000 and Monday, June 18, 2001, were before the body.
(For full text, see minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith .5.
NAYS: None ........................................................................................ -0.
(Council Members Harris and Wyatt were absent.)
OATHS OF OFFICE-SCHOOLS-HOUSING/AUTHORITY-TRANSPORTATION
SAFETY-TRAFFIC: The following reports of qualification were before Council:
Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City
School Board for terms commencing July 1,2001 and ending June 30,
2004;
Frank W. Feather as a member of the Fair Housing Board for a term
ending March 31, 2004; and
David A. Morgan for a term ending October 31,2004, and Kenneth King,
Jr., for a term ending October 31, 2002, as members of the City of
Roanoke Transportation Safety Commission.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
411
Mr. White moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and
Mayor Smith .................................................................................................. 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
ZONING-HOSPITALS: A communication from the City Manager advising that
the City of Roanoke owns approximately 29 acres of land fronting on Colonial
Avenue, S. W., Official Tax No. 1570101; the only structures currently on the property
are three City owned water tanks located near the rear of the property and a building
currently leased by the Specific Reading and Learning Difficulties Association of
Roanoke, commonly known as the Montessori School, located at 3379 Colonial
Avenue; much of the acreage is excess property that is not required for water
distribution services; and the subject property offers an opportunity for mixed-use
development for planned residential and commercial development, was before
Council.
The City Manager further advised that on June 18, 2001, she received a
communication from Carilion Health Systems, Inc., offering to purchase 2.8 acres
of real estate identified by a metes and bounds description, within the 29 acre parcel
of land, and fronting on Colonial Avenue; the property is currently zoned RS-2,
Single Family Residential District; a C-1, Office District, zoning classification would
be required for the proposed use; and the proposed use is consistent with other
land uses surrounding the property.
The City Manager recommended that she be authorized to file an application
with the City Planning Commission requesting that the abovedescribed 2.8 acre
parcel of land be rezoned from RS-2 to C-1.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
412
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-REFUSE COLLECTION: Mr. John H. Kennett, Jr., 373 Allison
Avenue, S. W., appeared before Council and expressed opposition to curb side
collection of refuse in those residential areas where alleys are available. He advised
that instead of moving the collection of trash from alleys to the curb, trash collection
should remain in the alleys in those areas where alleys exist; and the program of
recycling will be much more successful because citizens will willingly place refuse
collection containers and recycling materials in the alley instead of begrudgingly
placing them on the street. He stated that the previous effort to recycle failed
because of the reluctance of citizens to place recycling containers on the street.
Mr. Kennett stated that since drafting his letter, he has been advised that his
neighborhood will be exempt from alley collection; however he expressed concern
with regard to compliance issues and advised that the proposed new procedure has
not been adequately analyzed. He added that a public hearing was not held to
receive citizen input, further study is needed before the new procedure is fully
implemented, and employment of a compliance officer will cost the City additional
money.
(See communication on file in the City Clerk's Office.)
Mr. Bestpitch called attention to numerous telephone calls from citizens who
were concerned about the proposed changes and expressed further concern that
Council not place itself in a position that cannot be changed, if necessary. He
encouraged the City Manager to fully review the refuse collection process to
determine if the new procedure is working.
Mr. Hudson concurred in the remarks of Mr. Bestpitch. He requested a
detailed report by the City Manager on proposed cost savings, whether the new
program is working, who will be the responsible party for maintaining alleys, and
how will refuse collection be addressed for those housing complexes that have eight
to ten units, etc. He too requested that the City not place itself in a position that
cannot be changed if it is determined that the new procedure is not working
satisfactorily.
The Mayor advised that he recently had an opportunity to observe the solid
waste disposal process at the time that refuse is emptied from the refuse collection
vehicles at the transportation station on Hollins Road en route to Smith Gap which
413
was an educational experience. He requested the opportunity to participate in the
process of refuse collection as the vehicle moves throughout the various City
neighborhoods which will help him to understand problems, if any, that need to be
addressed.
Without objection by Council, the Mayor advised that the remarks of Mr.
Kennett would be received and filed.
PETITIONS AND COMMUNICATIONS:
BONDS-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve a State Literary Fund Loan application for the
Roanoke Academy for Mathematics and Science project, which will provide $5
million to fund part of the $11.5 million to replace the outdated 1940's facility
designed as a junior high school with a new elementary school facility; and
additional debt service for the schools in connection with the project will total
$450,000.00, with debt service payments to commence in fiscal year 2003-04, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#35439-070201) A RESOLUTION authorizing the School Board for the City of
Roanoke to make application for a loan from the State Literary Fund for replacing the
outdated Roanoke Academy for Mathematics and Science facility with a new
Roanoke Academy for Mathematics and Science facility.
(For full text of resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35439-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ............................................................................................................ 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
414
Mr. White offered the following resolution:
(#35440-070201) A RESOLUTION authorizing the School Board for the City of
Roanoke to expand funds for replacing the present school building at Roanoke
Academy for Mathematics and Science with a new building and declaring the City's
intent to borrow to fund or reimburse such expenditures.
(For full text of resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35440-070201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
Mr. White advised that there is a well established budget process for funding
operating and capital needs of the Roanoke City school system, and referred to
recent newspaper articles regarding funding needs of the school system that have
not proceeded through the routine budget process or work sessions conducted by
Council and the School Board. He suggested that the Mayor and/or the City Manager
communicate to the appropriate school officials the importance of re-visiting the
long standing budget process.
Mr. Bestpitch reiterated Mr. White's concerns. He advised that School Board
Trustees understand the ramifications associated with the shortage of local
revenues and the need for tax restructuring in the Commonwealth of Virginia, and
School Board members have a responsibility to educate citizens on the situation.
He stated that a long term solution will require that School Boards and citizens
across the Commonwealth of Virginia become more involved and more educated on
the issue to insure that certain changes in tax structuring will take place to enable
local governments to be in a better position to provide the necessary funds.
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools, advised that recent newspaper articles referred to by Council
Member White were an outgrowth of a work session conducted bythe School Board
to discuss budget problems, the gist of which was that the School Board would
identify potential problems and request a meeting with Council some time during the
415
fall season. He stated that in preparing the capital plan, the School Board
recognized, given the current state of finances, that there will be certain budget
problems in the future, therefor, a communication was forwarded to Council
identifying certain problems. He advised that the School Board has communicated
financial issues to Council in preparation of a mutual discussion of specific funding
issues during the fiscal year budget process.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE
ITEMS RECOMMENDED FOR ACTION:
BUDGET-REFUSE COLLECTION: The City Manager submitted a
communication advising that presently, the Solid Waste Management Division is
responsible for payment of landfill tipping fees incurred by other City departments;
and the current arrangement allows those other departments to dispose of waste for
which tipping fees are billed to Solid Waste Management which creates a challenge
for Solid Waste Management with respect to management of its annual operating
budget.
It was further advised that funding presently allocated to Solid Waste
Management for tipping fees can be transferred to other departments for payment
of tipping fees incurred by those departments, specifically Streets and Traffic and
Parks and Grounds, and this procedure will be established in future budgets prior
to recommendation to Council.
The City Manager recommended that Council authorize transfer of $187,229.00
from Solid Waste Management to Streets and Traffic and $104,247.00 from Solid
Waste Management to Parks and Grounds for tipping fee expenses to be incurred
in fiscal year 2001-02.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35441-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
416
Mr. Carder moved the adoption of Ordinance No. 35441-070201. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
BUDGET-DISABILITY SERVICES BOARD: The City Manager submitted a
communication advising that the Fifth District Disability Services Board 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: Cities of Roanoke, Salem,
Covington, Clifton Forge; Counties of Roanoke, Craig, Botetourt, and Allegheny, and
the Town of Vinton; and other members of the Disability Services Board 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; and the State Department of Rehabilitative Services has
allocated funds, in the amount of $29,600.00, for a two-year period to continue local
staff support of administration of the Fifth District Disability Services Board.
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 Disability
Services Board staffsupport to continue providing local administrative support; and
that Council appropriate $29,600.00 to a grant fund account, with a corresponding
revenue estimate to be established by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35442-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-02 Grant Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
417
Mr. Bestpitch moved the adoption of Ordinance No. 35442-070201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
Mr. Bestpitch offered the following resolution:
(#35443-070201) 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. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35443-070201. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
BUDGET-YOUTH-HUMAN SERVICES-EQUIPMENT: The City Manager
submitted a communication advising that the Comprehensive Services Act Program
serves 570 to 600 youth and families each fiscal year with a budget of $8,400,000.00,
which program was enacted by the General Assembly in 1993 and has operated with
a manual paper process for tracking funds and client placements.
It was further advised that the City Auditor's report dated December, 2000
recommended that a computer based system be implemented to assist in the
monitoring of expenditures and client services; and a team of City staff reviewed the
CSA computer system at two of 22 jurisdictions that have implemented an electronic
network, and all jurisdictions utilize the same system.
The City Manager recommended that she be authorized to enter into an
agreement with Harmony Information Systems, Inc., to be approved as to form bythe
City Attorney, for a CSA computer based network and that Council appropriate
$100,000.00 from the fiscal year 2000-01 Capital Maintenance and Equipment
418
Replacement Program to a project account to be established by the Director of
Finance in the Department of Technology Fund to purchase hardware, software,
training and maintenance for the system.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35444-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-02 General and Department of Technology Fund Appropriations, and
providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35444-070201. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None .......................................................................................-0.
(Council Members Harris and Wyatt were absent.)
Mr. Carder offered the following resolution:
(#35445-070201) A RESOLUTION authorizing the implementation of a
computer-based system to assist in the provision of services under the
Comprehensive Services Act Program, upon certain terms and conditions.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35445-070201. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
419
BUDGET-CIVIC CENTER: The City Manager submitted a communication
advising that at its May 7, 2001 meeting, Council authorized the City Manager to
enter into a license agreement between the City of Roanoke and Arena Ventures,
LLC, for use of the Civic Center Coliseum and related facilities to provide a number
of National Basketball Development League basketball games and a certain number
of events produced by SFX Concerts, Inc., in the Coliseum over a five year period;
and Council further authorized certain financial arrangements in connection with the
license agreement.
It was further advised that revenues and expenses associated with the license
agreement need to be included in the fiscal year 2001-02 operating budget as a part
of the Civic Facilities budget; additional revenues derived from the license
agreement will more than offset expenses, with net revenues designated to pay debt
service for capital improvements associated with the license agreement; and
additional full time positions which are needed to provide for operation of the added
events include: general supervisor, trades helper, inventory control clerk, event staff
supervisor and assistant concessions supervisor.
The City Manager recommended that Council appropriate revenues and
expenses, as more fully set forth on Attachment 1 to the report, and authorize five
new positions in the Civic Facilities Fund.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#35456-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-02 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35446-070201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The
City Manager submitted a communication advising that the Fifth District Employment
and Training Consortium administers the Federally funded Workforce Investment Act
420
for the region, which encompasses the Counties of Allegheny, Botetourt, Craig,
Franklin and Roanoke, as well as the Cities of Covington, Roanoke and Salem; and
funding is for the following two primary client populations:
Dislocated workers who have been laid off from employment through
no fault of their own; and
Economically disadvantaged individuals, as determined by household
income guidelines set by the United States Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for Consortium funding, thus, Council must appropriate funds for all grants
and other monies received by the Fifth District Employment and Training
Consortium; the State office of the Virginia Employment Commission has sent the
Consortium notice of Workforce Investment Act allocations for Program Year 2001-
02 for Title I grants in the amounts of $411,593.00 (adult), $507,737.00 (youth) and
$402,314.00 (dislocated worker); member jurisdictions of the Fifth District
Employment and Training Consortium contribute funds to offset the agency's
administrative costs; and the City of Salem has sent a contribution of $5,985.00 for
fiscal year 2001.
The City Manager recommended that Council appropriate Fifth District
Employment and Training Consortium funding totaling $1,327,629.00 and increase
the revenue estimate by $1,327,629.00 in accounts to be established in the
Consortium Fund by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35447-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-02 Consortium Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35447-070201. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
421
BUDGET-GRANTS: The City Managerwithdrew a communication with regard
to acceptance of 2001-02 Community Development Block Grant funding, inasmuch
as the item is reported elsewhere on the agenda.
DOWNTOWN ROANOKE, INC: The City Manager submitted a communication
advising that in 1986, the City established the Downtown Service District;
subsequently, an agreement was entered into between the City and Downtown
Roanoke, Inc., to provide the net revenue generated from the Downtown Service
District to DRI, less the City's direct costs, in order to provide promotional services
within the downtown district; the first agreement was for a one year term from July
1, 1987, tha{ would be automatically extended on a year to year basis for up to five
years; the agreement was amended to provide for further annual extensions until
June 30, 2001; and an agreement, substantially similar to the agreement that has
been in effect since 1987 has been negotiated with Downtown Roanoke, Inc.
It was further advised that promoting and developing downtown continues to
be a priority of Council and other civic leaders; and the services provided by
Downtown Roanoke, Inc., over the past several years have enhanced downtown
businesses and the livability of the City.
The City Manager recommended that she be authorized to execute a
Downtown Service District Services Agreement between the City of Roanoke and
Downtown Roanoke, Inc., for a period of five years, from July 1,2001, through June
30, 2006, with such agreement to be approved as to form, by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35448-070201) A RESOLUTION authorizing the execution of a Downtown
Service District Services Agreement between the City of Roanoke, Virginia, and
Downtown Roanoke, Inc., (DRI), that will provide for DRI to undertake certain
activities within the Downtown Service District of the City; and authorizing the City
Manager to take such further action as is necessary to implement and administer the
terms of such Agreement.
(For full text of resolution, see Resolution Book No. 64.)
422
Mr. Carder moved the adoption of Resolution No. 35448-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
BUDGET-PARKS AND RECREATION-LEASES: The City Manager submitted a
communication advising that the Parks and Recreation Department operates eight
weeks of Outdoor Adventure Summer camps and other recreation programs, and
transportation to remote outdoor sites is a necessity for the camp; the Parks and
Recreation Department van, used to transport program participants, was retired by
Fleet Management due to prohibitive costs in making repairs and a replacement van
will be purchased in next year's budget; and in order to provide transportation for
this summer's camps and other programs, the City has negotiated with Dominion
Dodge to lease a 15 passenger van for the eight week period of July 6, 2001 through
August 31, 2001, at $100.00 per week.
It was further advised that the $100.00 per week for eight weeks price
negotiated with Dominion Dodge is significantly lower than the usual rate of $800.00
per week; funding for the vehicle will be recovered by camp fees paid by
participants; and when the City of Roanoke executes the lease, it will indemnify
Dominion Dodge and list Dominion Dodge on the City's auto insurance.
The City Manager recommended that she be authorized to execute a lease
agreement with Dominion Dodge, Inc., such agreement to be approved as to form
by the City Attorney, for a 15 passenger van for eight weeks at $100.00 per week,
with the City to pay for fuel and minor repairs, if needed.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#35449.070201) A RESOLUTION authorizing the lease of one 15-passenger
van from Dominion Dodge, Inc., for use by the Parks and Recreation Department in
the Outdoor Adventure Summer Camp program for a period of eight weeks, upon
certain terms and conditions.
(For full text of resolution, see Resolution Book No. 64.)
423
Mr. Bestpitch moved the adoption of Resolution No. 35449-070201. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
Mr. Hudson expressed concern with regard to safety issues, especially in view
of recent news reports relating to a safety hazard in connection with this particular
size van.
The City Manager called attention to the need to replace a van on a permanent
basis within the City's fleet of vehicles, and information reported by the news media
regarding safety issues will be taken into consideration at the appropriate time. Mr.
White requested a response bythe City Manager with regard to the need to purchase
a van on a permanent basis as opposed to leasing a van during the summer months
when usage is higher.
Mr. Bestpitch stated that operator training is the most important safety factor
and any person driving the vehicle should receive specific instruction with regard
to vehicle operation. He suggested that the City express its appreciation to officials
of Dominion Dodge for leasing the van at $100.00 per week for eight weeks as
opposed to $800.00 per week which is the usual weekly lease fee.
BRIDGES-CONSULTANTS REPORTS: 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 bi-annual inspection program; supplementary bridge inspection
reports are required on 62 structures in the City of Roanoke this year, along with the
inspection of one parking structure; on June 7, 1999, Council authorized agreements
for consultant services for three years with Hayes, Seay, Mattern & Mattern, Inc., and
Mattern & Craig, Inc., to conduct the above referenced inspection services for the
period which includes fiscal year 2001-02; and approval by Council is requested to
authorize execution of amendments to the agreements as follows:
Agreement with Hayes, Seay, Mattern & Mattern, Inc.
2001 Bridge Inspection: $ 55,000.00
30 bridges
1 tunnel (underpass)
424
Agreement with Mattern & Craig, Inc.
2001 Bridge Inspection:
32 bridges
Century Station Parking Garage
$ 67,900.00
Total $122,900.00
The City Manager recommended that she be authorized to execute
Amendment No. 2 to each of the agreements for consultant services with Hayes,
Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., in the amounts of $55,000.00
and $67,900.00, respectively, for the above described inspection services.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35450-070201) A RESOLUTION authorizing the City Manager's issuance of
Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for
additional engineering services for the inspection of 30 bridges and 1 tunnel
(underpass).
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35450-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
Mr. Carder offered the following resolution:
(#35451-070201) A RESOLUTION authorizing the City Manager's issuance of
Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for additional
engineering services for the inspection of 32 bridges and the Century Station
Parking Garage.
(For full text of resolution, see Resolution Book No. 64.)
425
Mr. Carder moved the adoption of Resolution No. 35451-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
DIRECTOR OF FINANCE:
BUDGET-BONDS: The Director of Finance submitted a written report advising
that as the City issues general obligation bonds throughout the years, portions of
the funding derived from bond issues are allocated to neighborhood storm drain
projects; and in recent bond issues, funding has been dedicated to storm drains, as
follows:
$7,600,000.00 from the bond issue Series 1992A
$1,600,000.00 from the bond issue Series 1996A
$315,000.00 from the bond issue Series 1997A
$2,285,000.00 from the bond issue Series 1999A
It was further advised that in order to meet the goal of fully utilizing some of
the bond funding from older bond issues, it is recommended that bond funding be
shifted between some of the storm drain projects by bond issue, which will not
change the funding to any of the projects in total, nor will it change the total storm
drain project funding to be undertaken by the City; the change facilitates record
keeping requirements and has a positive impact on the City's arbitrage rebate
requirements as it pertains to the oldest bond issue; and specific projects and
funding involved are as follows:
Project
Peters Creek Land Acquisition
Storm Water Model Maintenance
Forest Park Drainage Project
Miscellaneous Storm Drains Phase 2
Garden City Phase 3
Miscellaneous Drainage Projects
Summit Hills Drainage Project
Impact on Impact on Impact on
1999 Bonds 1996 Bonds 1992 Bonds
46,636 207,635 (254,271)
19,220 (19,220)
19,629 (19,629)
30,591 (30,591)
(46,636) 46,636
(146,531)
(130,544)
146,531
130,544
Total
426
The Director of Finance recommended that Council authorize transfer of storm
drain funding between 1992, 1996 and 1999 bond issues.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35452-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-02 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35452-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
Mr. Bestpitch offered the following resolution:
(#35453-070201) A RESOLUTION of the City Council of the City of Roanoke,
Virginia, reallocating certain proceeds of its general obligation public improvement
bonds, series 1992A, of its general obligation public improvement bonds, series
1996A, and of its general obligation public improvements bonds, series 1999A.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35453-070201. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
427
FINANCIAL REPORTS: The Director of Finance submitted the Financial Report
for the month of May, 2001.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
REPORTS OF COMMITTEES: NONE
UNFINISHED BUSINESS: NONE
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
BUDGET-GRANTS: Ordinance No. 35406, on second reading, amending and
reordaining certain sections of the 2001-02 Grant Fund Appropriations, providing for
appropriation of Community Development Block Grant program funds from the
United States Department of Housing and Urban Development, having previously
been before the Council for its first reading on Monday, June 18, 2001, read and
adopted on its first reading and laid over, was again before the body,
Mr. Hudson offering the following for its second reading and final adoption:
(#35406-070201) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35406-070201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Hudson, White and Mayor
Smith .......................................................................................................... -4.
NAYS: None ........................................................................................ 0.
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA of Roanoke Valley, Inc., which is one of the organizations
proposed for funding.)
(Council Members Harris and Wyatt were absent.)
428
STREETS AND ALLEYS: Ordinance No. 35431, on second reading,
permanently vacating, discontinuing and closing that certain approximate 12'x 103'
alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400
blocks of Crystal Springs and Richelieu Avenues, S. W., having previously been
before the Council for its first reading on Monday, June 18, 2001, read and adopted
on its first reading and laid over, was again before the body, Mr. Carder offering the
following for its second reading and final adoption:
(#35431-070201) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35431-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
STREETS AND ALLEYS: Ordinance No. 35432, on second reading, vacating,
discontinuing and closing that certain 15 foot wide alley lying between former Lots
9 and 10, Block 12, Map of Official Survey Sheet NWl on the west and former Lot 11,
Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah
Avenue, N. W. (at a point 60 feet west of Jefferson Street, N. W.) northward for a
distance of 187.9 feet to Centre Avenue, having previously been before the Council
for its first reading on Monday, June 18, 2001, read and adopted on its first reading
and laid over, was again before the body, Mr. Carder offering the following for its
second reading and final adoption:
(#35432-070201) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of ordinance, see Ordinance Book No. 64.)
429
Mr. Carder moved the adoption of Ordinance No. 35432-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
ZONING: Ordinance No. 35433, on second reading, rezoning that tract of land
containing 10.235 acres, more or less, lying on the south side of Melrose Avenue, N,
W., and the west side of Twenty-fourth Street, commonly known as the W. B.
Clements, Inc., property, Official Tax No. 2420205, from C-2, General Commercial
District, to IPUD, Industrial Planned Unit Development District, subject to certain
proffers contained in the First Amended Petition for rezoning filed in the City Clerk's
Office on May 17, 2001, having previously been before the Council for its first
reading on Monday, June 18, 2001, read and adopted on its first reading and laid
over, was again before the body, Mr. Carder offering the following for its second
reading and final adoption:
(#35433-070201) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 242, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35433-070201. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ........................................................................................ 0.
(Council Members Harris and Wyatt were absent.)
CITY PROPERTY-INDUSTRIES: Ordinance No. 35435, on second reading,
providing for the fee simple conveyance of two small tracts of City-owned property
located at the Roanoke Centre for Industry and Technology, to Blue Hills Golf
430
Corporation and to Anderson Wade Douthat, et. al., having previously been before
the Council for its first reading on Monday, June 18, 2001, read and adopted on its
first reading and laid over, was again before the body, Mr. Carder offering the
following for its second reading and final adoption:
(#35435-070201) AN ORDINANCE providing for the fee simple conveyance of
two small tracts of City-owned property located at the Roanoke Centre for Industry
and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation
(containing approximately 14,000 sq. ft.) and to Anderson Wade Douthat, et. al.,
(containing approximately 12,000 sq. ft.), upon certain terms and conditions.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35435-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
STREETS AND ALLEYS: Ordinance No. 35436, on second reading,
permanently vacating, discontinuing and closing that certain 18 foot public right-of-
way which crosses Official Tax No. 4010213, between Norfolk Avenue, S. E., and
Official Tax No. 4010209, having previously been before the Council for its first
reading on Monday, June 18, 2001, read and adopted on its first reading and laid
over, was again before the body, Mr. Carder offering the following for its second
reading and final adoption:
(#35436-070201) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35436-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
431
COUNCIL: Mr. Carder offered the following resolution establishing a meeting
schedule for City Council for the fiscal year commencing July 1, 2001, and
terminating June 30, 2002:
(#35454-070201) A RESOLUTION establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1,2001, and terminating June 30, 2002.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35454-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ......................................................................................... 0.
(Council Members Harris and Wyatt were absent.)
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Carder offered the following
resolution providing that the regular meeting of Council scheduled to be held at 2:00
p.m. and 7:00 p.m. on Monday, October 15, 2001, shall be held at 2:00 p.m., and 7:00
p.m. on Thursday, October 18, 2001, due to the Virginia Municipal League Annual
Conference scheduled to be held on October 14-16, 2001, in Virginia Beach, Virginia:
(#35455-070201) A RESOLUTION providing that the regular meeting of City
Council scheduled to be held at 2:00 p.m. and 7:00 p.m., on Monday, October 15,
2001, shall be held at 2:00 p.m. and 7:00 p.m. on Thursday, October 18, 2001.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35455-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ....................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
432
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY MANAGER-CITY ATTORNEY-DIRECTOR OF FINANCE-MUNICIPAL
AUDITOR-REAL ESTATE VALUATION-BUDGET: Mr. White offered the following
emergency ordinance establishing compensation for the City Manager, City Attorney,
Director of Finance, City Clerk, Municipal Auditor and Director of Real Estate
Valuation for the fiscal year 2001-02, retroactive to July 1, 2001:
(#35456-070201) AN ORDINANCE establishing compensation for the City
Manager, City Attorney, Director of Finance, Director of Real Estate Valuation,
Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2001; and
providing for an emergency and an effective date.
(For full test of ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35456-070201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Bestpitch and Mayor
Smith ........................................................................................................... 5.
NAYS: None ...................................................................................... -0.
(Council Members Harris and Wyatt were absent.)
COMMUNITY PLANNING: Council Member Bestpitch encouraged citizens to
obtain a copy of the draft 2001 Comprehensive Plan for review and comment.
COUNCIL: The Mayor advised that July 1, 2001, marked the anniversary of his
first year as Mayor of the City of Roanoke, and expressed appreciation for the
support he has received during his first year in office.
OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this
time as a priority for citizens to be heard; matters requiring referral to the City
Manager will be referred, without objection by Council, for response, report and
recommendation to Council.
COUNCIL: The Members of Council welcomed the return of Ms. Evelyn D.
Bethel, 35 Patton Avenue, N. E., to the Council meeting. (Ms. Bethel, an ardent
follower of City Council meetings, was ill for an extended period of time.)
433
Ms. Bethel advised that while she was recuperating at home, she watched
Council proceedings on RVTV-Channel 3. She stated that watching Council
proceedings on television provides a different perspective and encouraged those
persons who have not viewed the proceedings to do so and to be critical of their
actions with an eye toward improvements. She also suggested that citizens watch
the proceedings to see how their actions can be improved.
There being no further business, at 3:30 p.m., the Mayor declared the Council
meeting in recess until Thursday, July 12, 2001, at 12:00 noon, for the Third
Leadership Summit on the Virginia Dare Cruise Ship, Airport Road, Moneta, Virginia,
to be hosted by Bedford County.
The regular meeting of Roanoke City Council which convened on Monday,
July 2, 2001, and was declared in recess until Thursday, July 12, 2001, reconvened
at 12:00 noon on the Virginia Dare Cruise Ship, Route 608, Airport Road, Route 853,
Southern Bedford County, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, W. Alvin Hudson, Jr., and
Mayor Ralph K. Smith ..................................................................................... 3.
ABSENT: Council Members William H. Carder, C. Nelson Harris,
William White, Sr., and Linda F. Wyatt ............................................................. -4.
OFFICERS PRESENT: Rolanda Johnson, Assistant City Manager for
Community Development; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
LEADERSHIP SUMMIT: The purpose of the meeting was to conduct the Third
Roanoke Valley Regional Leadership Summit which was hosted by Bedford County.
On behalf of Bedford County, Kirby E. Richardson, Vice-Chair, Bedford County
Board of Supervisors, extended greetings.
The invocation was delivered by H. Odell "Fuzzy" Minnix, Chair, Roanoke
County Board of Supervisors.
Following lunch, the business session convened at 1:15 p.m.
Vice-Chair Richardson welcomed Delegate A. Victor Thomas and his
legislative aid Brian Shepherd; Jennifer Faulker representing Congressman Bob
Goodlatte; Clara Crouch representing Delegate Clifton A. Woodrum, III; and Allison
Baird representing Senator John S. Edwards.
434
Nanci Drake, Tourism Developer for Bedford County, advised that tourism
initiatives can be better accomplished by all Roanoke Valley governments working
together in partnership. She congratulated Bedford City and Bedford County upon
forming a new department, the Department of Tourism, and by pooling resources,
the two localities realized that they could accomplish a great deal.
Susan Gilbert, Coordinator of Economic Development, Bedford County,
advised that Bedford County is relatively new to economic development; however,
the locality has enjoyed recent successes, with the anticipation of future success.
She called attention to the growth of Bedford County since the mid 1970's, much of
which is residential growth which requires more services for the County's 60,000
citizens; therefore, in the early 1990's, the Board of Supervisors determined that it
was time for Bedford County to get on the "economic development wagon". She
reviewed successes including: a 151 acre park on the eastern side of Bedford
County; a decision to direct economic development efforts along the Route 460
Corridor with a concentration of activity to the east of Bedford County, in the middle
and to the west; a joint venture with the City of Bedford which evolved into a revenue
sharing agreement between the two jurisdictions that has proven to be successful
by jointly developing a 100 acre commerce park inside the City limits, and four
revenue sharing areas as a part of the same agreement which are located in Bedford
County, with Bedford City providing water and sewer services, and revenue is
shared on a 50 - 50 basis; the first commercial venture was dedicated on June 20,
2001, with the opening of the new Wal-Mart Super Store on Route 460 East; bids
were received on a small development in the Montvale community of approximately
45 acres, along with a 20 acre commercial venture; and in-depth discussions will
take place with the Public Service Authority, the Industrial Development Authority
and the Board of Supervisors to coordinate zoning and utility efforts as new parks
are developed on the western side of Bedford County.
William C. Rolfe, CountyAdministrator, Bedford County, called attention to an
approximate 30 per cent increase in population in Bedford County in each of the last
three decades, with the growth rate expected to continue to rise in the future, and
in 30 years, Bedford County has the potential to have a population of 137,000
citizens. He stated that County staff is working on a master comprehensive plan
update and in terms of residential development, it has been determined that if water
and sewer services are available, Bedford County could accommodate, without the
rezoning of another piece of property, 500,000 additional homes. He added that with
30 per cent growth per decade and three per cent growth per year, Bedford County
must look at future needs to insure that growth takes place in those areas that the
County can accommodate.
435
Mr. Rolfe encouraged the localities to compile information on teacher salaries;
i.e.: total salary per annum over a 20 year period compared with other localities
comparable in size. He advised that over the past six months, all localities
represented on the Leadership Summit have been involved in major school projects..
Clay Goodman, Town Manager, Town of Vinton, presented the Leadership
Summit Subcommittee report as a result of a meeting which was held on June 21,
2001, hosted by Roanoke County, and composed of the following participants:
Bedford County:
Kirby E. Richardson, Vice-Chair, Bedford County Board of Supervisors
Sue Gilbert, Economic Development Coordinator
Nancy Johnson - Citizen Representative
Franklin County:
Wayne Angell, Board Chair, Franklin County Board of Supervisors
Rick Huff, County Administrator
Rob Glenn, Citizen Representative
Roanoke County:
Harry Nickens, Roanoke County Board of Supervisors (was not present for the
subcommittee meeting.)
John Chambliss, Assistant County Administrator
Victor lannella, Citizen Representative
City of Salem:
Howard Packett, Council Member
Forest Jones, City Manager
J. Scoff Sexton, Citizen Representative
City of Roanoke:
Ralph Smith, Mayor
Darlene Burcham, City Manager
Catherine Fox, Citizen Representative (Roanoke Valley Convention and Visitors
Bureau)
436
Town of Vinton:
Don Davis, Mayor
Clay Goodman, Town Manager
Bootie Chewning, Citizen Representative
Botetourt County:
William Loope, Chair, Board of Supervisors
David Moorman, Assistant County Administrator
Mr. Goodman advised that the Subcommittee discussed recommendations to
establish a regional identity for economic development purposes and to offer
suggestions for consideration by all localities participating in Leadership Summit
meetings. He stated that meeting with local government elected and appointed
representatives is helping to forge regional cooperation; if the group is to be
effective, it is essential that participants begin to identify what the group can agree
on in order to forge a regional identity, which new regional identity could result in
representatives coalescing into an effective body to provide results that would help
each government to meet its goals and objectives.
He stated that numerous suggestions were discussed by the Subcommittee;
however, the Subcommittee focused on establishing a regional General Assembly
lobby effort on those issues, that all participating governments could reach
agreement, to look at establishing an identity that can unite and reach agreement
across urban, suburban and rural constituents and establish a name and/or logo
which could help to identify and unite the region. He added that the Subcommittee
agreed to the following common objectives:
Education
Workforce Development
Transportation
Creation of one identity and image
Historical resources
High paying jobs
One physical identity and one tourism package to market the region.
Mr. Goodman reviewed the following recommendations of the Subcommittee:
(1) The following localities should be invited to participate in future
Leadership Summits:
437
Virginia Tech
Montgomery County
Blacksburg
Christiansburg
Alleghany County
Covington
Clifton Forge
Lynchburg
Craig County
(2) The localities should create an identity and image or "brand" for
regional marketing, tourism, economic development and political
strength.
(3) As a part of each future Leadership Summit meeting, the host
community should provide a brief community profile which would
include the community's pressing issues, positive attributes and any
other information the host wishes to share with the Leadership Summit
group.
(4) The Subcommittee would continue to function in the future, with the
immediate past Leadership Summit host community serving as host for
the next Subcommittee meeting. The Subcommittee's charge would be
to act as an executive board of the full group to afford time and
opportunity to discuss action plan recommendations to the full
Leadership Summit membership. The Subcommittee host community
would set the meeting date, time and location. The host would prepare
an agenda and provide the full membership with a report at the next
Leadership Summit meeting.
In closing, Mr. Goodman advised that the above recommendations are
submitted as the Subcommittee's report and the full membership of the Leadership
Summit is requested to act on the recommendations.
Following discussion, it was the consensus of the Leadership Summit group
to approve the above listed recommendations of the Subcommittee, with the
addition of Bedford City as a participant in future Leadership Summit meetings.
It was further agreed that Bedford County will host the next Subcommittee
meeting at a date and time to be announced.
438
Officials of Botetourt County extended an invitation to serve as host locality
for the Fourth Leadership Summit to be held at Botetourt Education and Training
Center, 57 South Center Drive, Daleville, Virginia, and the City of Salem offered to
host the Fifth Leadership Summit.
Mayor Smith expressed appreciation to Roanoke County for its willingness
to come to the City's assistance in connection with the City's new solid waste
collection program which was implemented on July 1,2001. He stated that Roanoke
County refuse collection staff and vehicles will assist the City of Roanoke on
Saturday, July 14, in an effort to complete the City's weekly refuse collection cycle,
and advised that Roanoke County's willingness to come to the aid of its neighboring
jurisdiction was offered in the spirit of cooperation that Leadership Summit
meetings are intended to encourage.
There being no further business, the Mayor declared the meeting of Roanoke
City Council adjourned at 1:55 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Mayor
439
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 16, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
July 16, 2001, at 2:00, p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor
Ralph K. Smith ................................................................................................. -6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer byThe Reverend James Beatty, Pastor,
Bethel AME Church, Cave Spring.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS:
TRAFFIC-COUNCIL-CHURCHES-DECEASED PERSONS: The Mayor advised
that on Sunday, July 1, 2001, 12 youth and two adults from Virginia Heights Baptist
Church who were returning to Roanoke from a Christian youth camp in Myrtle
Beach, South Carolina, were involved in an accident; three youth remain in the
hospital with serious and critical injuries; and Miss Jessika Lewis, a 13 year old
youth who was critically injured in the accident, passed away on Friday, July 6, 2001.
440
Vice-Mayor Carder offered the following resolution expressing sympathy to
the congregation of Virginia Heights Baptist Church, and to the family of Miss
Jessika Lewis:
(#35457-071601) A RESOLUTION expressing sympathy to the congregation of
Virginia Heights Baptist Church and their pastor, our fellow Council member, The
Reverend C. Nelson Harris.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35457-071601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ..................................................................................................... -6.
NAYS: None ................................................................................ -0.
(Council Member Harris was absent.)
PROCLAMATIONS: The Mayor presented a Proclamation declaring Sunday,
August 5, 2001, as National Kids Day.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a Closed Meeting to
discuss appointment of a new Municipal Auditor.
COUNCIL-MUNICIPAL AUDITOR: A communication from Council Member
William White, Sr., Chair, Audit Committee, requesting that Council convene in a
Closed Meeting to discuss appointment of a new Municipal Auditor, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
441
Mr. White moved that Council concur in the request of Council Member White
to convene in a Closed Meeting to discuss appointment of a new Municipal Auditor,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ............................................................................................................ -6.
NAYS: None .................................................................................... -0.
(Council Member Harris was absent.)
ZONING: A communication from Edward A. Natt, Attorney, representing
Southside Development Company, with regard to rezoning a parcel of land
containing 4.05 acres, more or less, designated as Official Tax No. 2280601, situate
at the southeast terminus of Bean Street, N. W. (Tract III, Eden Park), from C-1,
Commercial District, to LM, Light Manufacturing District, was before Council.
He explained that the City Clerk discovered that the legal advertisement for the
public hearing on July 16 was not published in The Roanoke Times; his client is
under severe time guidelines and constraints; as a result of the newspaper's
mistake, the matterwould normally not be heard until the Council meeting on August
20 at 7:00 p.m.; however, his client requests that Council make an exception to its
normal policy and authorize the matter to be advertised for public hearing at the
regular meeting of Council to be held on Monday, August 6, 2001, at 2:00 p.m.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ............................................................................................................. -6.
NAYS: None .......
el
(Council Member Harris was absent.)
CITY PROPERTY-LEASES: A communication from the City Manager advising
that following the request of the Specific Reading and Learning Difficulties
Association (commonly referred to as Montessori School) to cancel its lease of
property located at 3379 Colonial Avenue with the City of Roanoke, which request
442
was granted, to be effective September 1, 2001, the City was contacted by a parents
group, The New Vista Montessori School, which is interested in leasing a portion of
the property for a similar purpose and have proposed a term of one year at $3000;
and in order to consider a new lease, Council must hold a public hearing, was before
the body.
The City Manager recommended that the City Clerk be authorized to advertise
a public hearing for Monday, August 6, 2001, to consider entering into a new lease
for the building and approximately 7.2 acres of real estate associated with property
located at 3379 Colonial Avenue, S. W.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .................. -6.
NAYS: None--
(Council Member Harris was absent.)
The City Manager presented copy of a communication from Jeffrey D. Krantz,
representing New Vista Montessori School, advising that the terms of the lease are
as follows:
One year with the request to renew year to year for an additional four
years,
Annual lease fee of $3,000.00, and
General upkeep and maintenance of property and grounds will be the
responsibility of New Vista Montessori School.
OATHS OF OFFICE-ROANOKE ARTS COMMISSION-YOUTH-PENSIONS-
COMMITTEES: The following reports of qualification were before Council:
Sharon Hicks as a member of the Youth Services Citizen Board for a
term ending May 31, 2004;
443
George Kegley as a member of the Roanoke Arts Commission for a
term ending June 30, 2002; and
William E. Skeen as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 2005.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .............................................................................................................. 6.
NAYS: None ....................
(Council Member Harris was absent.)
REGULARAGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HOUSING/AUTHORITY-TOTAL ACTION AGAINST POVERTY-HABITAT FOR
HUMANITY: William Poe, representing the Roanoke Regional Housing Network,
presented copy of the 21st Century Challenge to Eliminate Substandard Housing in
the Roanoke Valley report. He advised that the 21st Century Challenge was first
introduced to Roanoke in the fall season of 1999, and since that time the committee,
which is composed of representatives of the Blue Ridge Housing Development
Corporation, Total Action Against Poverty, Habitat for Humanity, City of Roanoke,
Northwest Neighborhood Environmental Organization, Roanoke Redevelopment and
Housing Authority and the Council of Community Services, developed the housing
report.
He stated that the challenge is to eliminate substandard housing in the City
of Roanoke within ten years and Members of City Council are requested to accept
that challenge. Over the past 18 months, he noted that 26 organizations have
surveyed seven inner City neighborhoods, in order to provide a bench mark from
which to build in view of the numerous opportunities to improve housing in the City
of Roanoke. He stated that there is no justification for substandard housing in
Roanoke City today because of existing resources; however those resources need
to be better allocated, with a commitment to housing. He requested that Council
accept the challenge and make a commitment to eliminate substandard housing
444
which cannot be done by government alone, but requires the assistance of
neighborhood organizations, churches, and for profit and not for profit groups. He
stated that the recommendations contained in the 21st Century Report are broken
down into three areas: legislative, administrative and funding as set forth in
Volume I, Pages 1 - 11. Administratively, he noted that additional support is
requested to make the Rental Compliance Program mandatory, that the City continue
to provide the Vacant House Catalogue and create a loan pool of $10 million for
inner city housing projects and renovation by utilizing a combination of municipal
bonds, a Roanoke Redevelopment and Housing Authority Iow interest bond issue
and Community Development Block Grant funds as a loan loss reserve to entice
lending institutions to re-establish a loan pool.
Elizabeth Middleton, Director of Community Development and Outreach, Total
Action Against Poverty, advised that survey instruments were developed in the
spring of 2000 by a partnership which included representatives of Roanoke City, the
Northwest Neighborhood Environmental Organization, interns, and Total Action
Against Poverty.
She stated that surveys were conducted by individuals and representatives
of community groups and more than 25 different community groups participated in
the actual survey taking. She referred to Volume I of the report which consists of
information about each neighborhood, housing conditions, including color coded
maps, and Volume II which provides a list of all vacant properties within the
neighborhoods that were surveyed that offer opportunities for future development.
She explained that the survey is accurate within plus or minus five per cent and is
intended to serve as an overall snapshot of the conditions of housing within the City
of Roanoke.
Theodore J. Edlich, Executive Director, Total Action Against Poverty, advised
that over 50 per cent of housing in the downtown neighborhoods is in good
condition; and one-fourth of all lots in inner city neighborhoods are vacant with
approximately $20,000.00 worth of infrastructure on each lot. He stated that only 142
structures were identified as boarded up buildings, which is a Iow number of houses
where significant impact could be made, because each of those houses has a
detrimental effect on the blocks and the neighborhoods in which they are located,
and they depreciate the worth of housing and discourage additional housing. He
noted that housing is also an economic development issue; there are approximately
1800 vacant lots and if a $100,000.00 house is constructed on each of those lots,
$2 million of additional revenues would be generated to the City, and, based on the
number of persons per household, there could be as many as 5000 additional
persons which would help to increase the City's population to over the 100,000 mark
at which point the City would become the beneficiary of other kinds of government
445
resources. He noted that downtown housing will not happen in and of itself, but
only if plans are developed and a commitment is made to make a difference, and it
is believed that the neighborhoods, along with the entire community, are interested
in targeting downtown neighborhoods in order to bring them up to a quality level.
He referred to a communication from Dr. Anthony Stavola, Past President, Greater
Raleigh Court Civic League, urging City leaders to use the 21 st Century Report and
recommendations, along with recommendations from the Roanoke Renaissance
report, to develop a strategy to revitalize inner city neighborhoods, to strengthen the
rental inspection program effort, and to develop new programs to promote home
ownership and incentives that will encourage new housing development while
preserving older housing that is in sound condition.
There was discussion in regard to specific models used by other localities
that could help the City of Roanoke to implement certain recommendations
contained in the report; the proposed new research centre on South Jefferson Street
which will attract persons to the area who will have a choice as to where they live
in the Roanoke Valley which will involve sensitive issues that need to be addressed,
along with construction of infill housing with the proper design specifications so
that houses will be compatible with the character of the neighborhoods; some
communities in the Commonwealth of Virginia have offered creative housing
enticements to new teachers and law enforcement officers by identifying houses in
need of renovation and making the housing available with Iow interest loans and/or
grants to renovate the structures; with Iow interest loans and there is a need for
commitment from the private sector to create market rate housing and to reclaim
vacant lots.
Estelle H. McCadden, 2128 Mercer Avenue, N. W., representing the Presidents'
Council of Neighborhood Organizations, encouraged citizens to insure that their
neighborhoods are listed correctly in the housing report. She read a communication
from the Presidents' Council advising that the report represents a comprehensive
survey of housing conditions in inner city areas; neighborhood groups represented
by the Presidents' Council have been at the forefront of the day to day battles to
save Roanoke's neighborhoods; the vitality and growth of the City are linked to this
effort and if these neighborhoods do not receive the attention and investment they
need to build on efforts already underway, none of the City's efforts .in economic
development, parks improvements, or new facilities will be successful in the long
term; and if the City is to provide the mix of housing options necessary to stabilize
its population and to bring new residents to the community, these areas must be
revitalized.
(See communication on file in the City Clerk's Office.)
446
Bob Caudle, 4231 Belford Street, S. W., advised that residents of the Greater
Deyerle area believe that the entire City is their neighborhood and wish to offer their
assistance as needed.
Mark Petersen, President, Southeast Action Forum, endorsed the
recommendations contained in the housing report. He stated that he chose to live
in the southeast quadrant of the City because it is an affordable area; however, many
homes are rented to persons who have no vested interest in the house in which
they reside, the property owner will do only the minimal amount of work that is
necessary to keep the house in repair in order to comply with the housing code;
however, the housing code does not go far enough to encourage the sale of the
house to an individual who would be interested in relocating to the City of Roanoke.
Second, he added that there is a problem with weed abatement and abandoned
vehicles, which are issues that can be easily corrected if the current complaint
system is eliminated; i.e: a neighbor calls the City to report overgrown lawns that
need to be mowed or vehicles that need to be removed. He encouraged the City to
move away from the current complaint system to a more proactive system by hiring
additional code enforcement officers to focus on these types of complaints which
will eliminate the need for reporting complaints by citizens, because many citizens
are reluctant to report code violations for fear of retaliation from their neighbors. He
called attention to the plight of elderly citizens who cannot afford to make
improvements to their homes and suggested that they be given a six year real estate
tax assessment deferment, which would enable them to pay the deferment in six
years at a Iow interest loan and invest the money that would be used for the tax
assessment for housing repairs.
Mr. Ern Reynolds, 2059 Westover Avenue, S. W., presented information on
implementing a public/private partnership for older structures.
(See document entitled, "Gentrifying Our Aging Houses and Old Buildings" on file
in the City Clerk's Office.)
V. Lee Wolfe, 206 Rutherford Court, N. W., President, Gainsboro Neighborhood
Alliance, endorsed the challenge to eliminate substandard housing in Roanoke City.
She advised that residents and the decency of their home environment give balance
and integrity to the City and to the entire Roanoke Valley; and strict and immediate
adherence to the recommendations in the final report submitted by the Roanoke
Regional Housing Network will meet the objectives of the Gainsboro Neighborhood
Alliance, Valley Beautiful and her personal mission which is to save Roanoke City
from further distraction and decline.
(See communication on file in the City Clerk's Office.)
447
No other persons wishing to address Council, and there being no further
questions or comments by Council Members, without objection, the Mayor advised
that the 21st Century Report and remarks of speakers would be received and filed.
VITAL SIGNS-THE NEW CENTURY COUNCIL: Robert B. Manetta advised that
in 1992, The New Century Council movement reviewed regional solutions to
problems that multiple jurisdictions face, and the Vital Signs report was one of the
projects that evolved from recommendations by a variety of components of The New
Century Council study process. He introduced Priscilla Richardson,
Communications and Marketing Consultant, to present findings contained in the
Vital Signs report.
Ms. Richardson advised that in the early 1990's, more than 1,000 citizen
volunteers participated in a visioning process which identified goals and strategies
for an area encompassing more than 500,000 people in western Virginia, including
the Counties of Allegheny, Bland, Botetourt, Craig, Floyd, Franklin, Giles,
Montgomery, Pulaski, Roanoke, Smyth and Wythe and the Cities of Clifton Forge,
Covington, Radford, Roanoke and Salem, which was officially designated as
Virginia's Technology Corridor in 1997 by the Virginia General Assembly. She
further advised that a number of regional projects grew from the original vision
formulated by citizens of the region, one of the most prominent was the Vital Signs
report. She stated that the project began in 1997 through numerous public meetings
and discussions on indicators, or objective measures, which assess an area's
environmental, social and economic health; and in 1998, the first data report, "Vital
Signs: Community Indicators for the New Century Region", was published.
She advised that in 1999 a second report, "Toward Sustainability: Virginia's
Technology Corridor in the 21st Century", was published, which provided a detailed
discussion of sustainable development and analysis of new subjective data on
perceptions of residents of their quality of life; and "Vital Signs: Sustainability
Indicators for Virginia's Technology Corridor" is the third report published as a
result of the project, which provides a background on the project, describes national
and international sustainable development movements and connects Vital Signs
with the initiative led by the Environmental Law Institute.
Ms. Richardson explained that according to analysis of the data in the Vital
Signs report, Virginia's Technology Corridor has made only modest improvements
in social, economic and environmental indicators over the past several years,
despite the strong economy, and for this reason, the region needs to take bolder
stops toward building a more sustainable society; and major findings of the report
include:
448
The region comprises only 7.7 per cent of the population of Virginia
(down from 8.2 per cent in 1990, which translates into less state
legislative influence, but greater opportunity to build a sustainable
society;
Pounds of solid waste per year per person increased to 1,758, still
above the national average of 1600 pounds;
Total parks and recreational acres per 1,000 residents (1,297) remains
well above the total for Virginia (291), but the region needs to take
bolder steps to prevent the gradual erosion of agricultural land by
urban sprawl;
Births to teenage girls (ages 15 - 17) declined in 1996 and 1997, but
increased in 1998 and were down slightly in 1999;
Child abuse figures declined from 1998 to 1999, but remains above the
rate per 1,000 children compared to Virginia;
Elder abuse figures remain higher than figures for Virginia;
Person-to-person and property crime rates remain under those of
Virginia, but juvenile arrest rates are higher and increased since 1996;
Education, SOL scores have improved, but percentage of fully
accredited schools remains below the percentage for the entire state;
Health indicators show improvements in pre-natal care; infant mortality
rates are better than rates for Virginia, but increased from 1996 to 1998;
accidental death rates have been falling, as have suicide rates, but
suicide rates remain higher than those of the state; and
Economic indicators show growth in per capita income (but figures are
still below the state and nation), slow employment growth compared to
the state, and educational levels (high school and college graduates
lower than those of the state or nation).
In closing, Ms. Richardson advised that the report concludes with three
recommendations for business, government and non-profit organizations; i.e.:
449
Participate in "education for sustainability" a task in which the news
media is crucial to show the links among the environment, the
economy and the community;
Keep, refine and use indicators of sustainability; and
Move the community toward sustainability by daily, organizational and
individual action.
(See Vital Signs report on file in the City Clerk's Office.)
There being no questions or comments, without objection by Council, the
Mayor advised that the Vital Signs report and remarks of Ms. Richardson would be
received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
WORKERS COMPENSATION-CITY EMPLOYEES: The City Manager submitted
a communication advising that all employees of the City of Roanoke are covered by
workers' compensation as required by state law; the City of Roanoke is self-
administered and self-insured for Workers' Compensation; currently, the City
experiences approximately 400 new Workers' Compensation claims annually, and
continues to administer some active claims from previous years, which involve
significant amounts of paperwork and can be handled more efficiently by a company
that deals with workers' compensation exclusively; and the Office of Risk
Management initiated an evaluation process to determine the logic of employing a
Workers' Compensation Third Party Administrator.
It was further advised that after submission of requests for proposals, non-
binding on the part of the City, four Third Party Administrators were interviewed,
with Landin, Inc., being the clear choice of all panel members; Landin proposes to
administer all workers' compensation claims for the City for a fee comparable to that
of hiring a workers' compensation specialist to replace the person who recently
retired; Landin has offered the assurance that all injured City employees will receive
quality service to speed their recovery; use of a Third Party Administrator should
45O
enable the Office of Risk Management to spend more time administering general
liability and automobile liability claims; and these classes of claims have the
greatest potential financial impact to have their outcomes affected by extra time and
effort devoted to their investigation and administration.
The City Manager recommended that she be authorized to enter into a one
year contract, with an option to renew for two additional one year periods by mutual
agreement, with Landin, Inc., to perform Third Party Administrator functions for
Workers' Compensation for the City of Roanoke, in an amount not to exceed
$40,000.00 per annum.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
"A RESOLUTION authorizing the acceptance of a bid and execution of a
contract with Landin, Inc., for the provision of services as a third party administrator
for workers' compensation claims for the City upon certain terms and conditions,
and rejecting all other bids received."
Mr. Carder moved the adoption of the resolution. The motion was seconded
by Mr. Hudson.
There was discussion in regard to controlling costs; will private company
encourage employees to return to work as soon as possible; will employees find
themselves in a position where they will be dealing with a company over which the
City has no control; there should be a clear understanding of budget complications;
and Council Members should be provided with a summary of major contract
provisions.
In view of the number of unanswered questions by Council Members, Mr.
White moved that action on the report be tabled. The motion was seconded by Mr.
Hudson and adopted.
Later during the meeting, Mr. Hudson moved that the matter be removed from
the table. The motion was seconded by Mr. White and adopted, Council Member
Wyatt abstained from voting.
The City Manager presented copy of the proposed contract with Landin, Inc.,
which provides for a flat fee of $40,000.00. She advised that there is no financial
incentive other than to manage the City's entire Worker's Compensation caseload,
with a goal to assist the employee into the proper medical setting so that he or she
can return to work as soon as possible.
451
She explained that the reduction of one full time staff position, with salary and
benefits, exceeded the $40,000.00 contract fee with Landin, Inc.; Workmen's
Compensation law provides that any company serving on the City's behalf should
not release an employee to return to work until the employee is released by his or
her personal physician; and the expertise that the City is seeking through the
contract with Landin, Inc., is to insure that the City has proper medical case
management. She called attention to a provision in the contract that provides for the
agreement to be renewed for two successive 12 month periods unless there is 90
days advance notice to the contrary by the City.
The City Manager explained that the City of Roanoke is one of the few
communities that continues to administer Worker's Compensation claims and
inasmuch as the entire field has become more complex, it is not unusual for
municipalities to seek outside expert assistance.
Ms. Wyatt referred to that portion of the contract which provides that court
costs and fees, attorney fees, fees for under cover operatives and detectives, costs
for professional expert testimony, opinions or advice, claims for medical
examination fees, costs for reports from government agencies, certain medical and
vocational rehabilitation costs, costs for printing and photocopying are not covered
in the $40,000.00 contract fee. She advised that such expenses can be costly items
and inquired as to the responsible party for making the determination on when those
services are necessary.
The City Manager advised that excluded costs are currently incurred by the
City on occasion, outside of an analysis of the comparison costs of the staff
position versus contract costs. She explained that excluded costs would be
authorized by the City in advance and the contract would be clarified accordingly.
Mr. Hudson inquired if the City has written documentation from other
jurisdictions that have used outside contractors; whereupon, the City Manager
advised that she would respond to the question at a later date.
Mr. White called attention to the need for a provision in the contract which
would require the City's approval on costs in excess of a certain dollar amount.
Additionally, he stated that there is no non-discrimination provision in the proposed
contract, although he was of the understanding that Council intended for all
contracts entered into by the City to contain a standard non-discrimination policy.
452
He also inquired as to the average of excluded costs incurred by the City over
the past three years; whereupon, the City Manger advised that she would respond
to the question at a later date.
The Director of Finance advised that in fiscal year 2000-01, the City spent
$1,050,000.00 on Worker's Compensation wages and medical claims, $800,000.00
is budgeted in fiscal year 2001-02, and the types of costs under consideration are
immaterial compared to that number.
In view of additional unanswered questions, Mr. Hudson moved that the matter
be tabled until the next regular meeting of Council on Monday, August 6, 2001. The
motion was seconded by Ms. Wyatt and adopted.
In response to a request by the City Manager for clarification of the types of
information to be provided, Members of Council requested the following:
What safeguards are included in the contract to protect the City's
interests in regard to excluded costs, and at what point would Landin,
Inc., be required to obtain the City's approval for such expenses.
How will the new system benefit City employees?
A copy of the request for proposals which contains the scope of
services.
There should be more communication between the City administration
and Council Members on questions pertaining to agenda items prior to
the Council meeting.
The proposed contract with Landin, Inc., and any other contract entered
into by the City, should contain a standard non-discrimination clause.
Copy of documentation from other jurisdictions of comparable size to
Roanoke in regard to advantages of using outside contractors; and
additional costs incurred in addressing workers' compensation claims.
There was discussion with regard to including the non-discrimination clause
in all City contracts, in which Mr. White and Ms. Wyatt requested that the record
reflect that they intend to vote against any City contract that does not include the
non-discrimination clause.
453
GENERAL SERVICES-BUDGET-CITY INFORMATION SYSTEMS: The City
Manager submitted a communication advising that the Management Services Fund
provides organizational support services for photocopying, postage, printing and
courier services; responsibility for Management Services currently lies with the
Department of Management and Budget (DMB); however, DMB's approved strategic
business plan reassigns the responsibilities of the Management Services Fund to
other departments, as follows:
Courier, mail processing and printing activities is reassigned to the
Department of General Services; and
Photocopying is reassigned to the Department of Technology due to
the impending convergence of photocopying and printer technology.
The City Manager recommended that Council adopt a budget ordinance
reallocating revenues and appropriations from the Management Services Fund to the
Departments of General Services and Technology.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35458-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, Water, Sewage, Civic Center, Department of Technology,
Materials Control, Management Services, Fleet Management, and Risk Management
Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35458-071601. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ...................................................................................................... -6.
NAYS: None ..................................................................................... -0.
(Council Member Harris was absent.)
454
BUDGET-PARKS AND RECREATION-CMERP: The City Manager submitted a
communication advising that on October 2, 2001, Council concurred in funding
recommendations for fiscal year 2000-01 Capital Maintenance and Equipment
Replacement Program (CMERP); CMERP is used to fund equipment purchases,
maintenance and other one-time priority purchases; the need has been identified to
resurface, repair and restripe various tennis and basketball courts for Parks and
Grounds Maintenance; and by Council approval is required for appropriation of
funds from CMERP in order to acquire services.
It was further advised that bids were requested after due and proper
advertisement; three (3) bids were received and evaluated; and McNeil Asphalt
Maintenance, Inc., was the Iow responsive and responsible bidder and meets the
required specifications.
The City Manager recommended that $99,900.00 be appropriated from prior
fiscal year's CMERP to an account in the Capital Projects Fund entitled, "Repair,
Restripe and Resurface Tennis/Basketball Courts"; and that the City Manager be
authorized to accept the bid of McNeil Asphalt Maintenance, Inc., at a total cost of
$99,900.00; and reject all other bids received by the City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35459-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Capital Projects Funds Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35459-071601. The motion
was seconded by Mr. Bestpitch.
Mr. White requested a list of projects included for funding from the Capital
Maintenance and Equipment Replacement Program by location.
With regard to future reports, Mr. Bestpitch requested information identifying
companies submitting bids, the amount of the bids, and the City Engineer's estimate
of the project versus the actual Iow bid. He stated that it would be his preference to
receive that level of detail on future projects.
455
Ordinance No. 35459-071601 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ...................................................................................................... -6.
NAYS: None. 0.
(Council Member Harris was absent.)
Mr. Carder offered the following emergency ordinance:
(#35460-071601) AN ORDINANCE accepting the bid of McNeil Asphalt
Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts for
Parks and Grounds Maintenance, upon certain terms and conditions; and rejecting
all other bids made for such items; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35460-071601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .......................................................................................................... -6.
NAYS: None ..................................................................................... -0.
(Council Member Harris was absent.)
POLICE DEPARTMENT-BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City
Manager submitted a communication advising that the City currently has 58
Keyboard Data Terminals (KDTs) that are in use in vehicles of the Police (54) and
Fire Departments (4); KDTs are no longer in production by Motorola and replacement
parts are no longer manufactured; advances in technology offer the City the
opportunity to employ mobile computers that increase Police Officer safety and
efficiency; evaluation of current technology and objectives set forth by the Public
Safety Team caused the Panasonic CF28 to be the preferred mobile computer by the
City of Roanoke; Roanoke City, Roanoke County, and the Town of Vinton
participated in a Request For Quotation for mobile computers and required
accessories; and vendors offering the Panasonic CF28, as well as vendors offering
comparatively designed mobile computers, were invited to submit competitive bids.
456
It was further advised that eight bids were received and evaluated; the
evaluation revealed that GTSI Corporation's bid of $5,406.00 per mobile computer,
mount, operating system software and extended warranty was the Iow bid; the
Vehicle Radio Modem and Text Messenger required to operate the mobile computers
were bid only by Motorola, Inc., at a price of $3,097.00 per unit, at a total cost per unit
of $8,503.00; funding totaling $340,120.00 is included in Account No. 013-052-9831-
9203 for the purchase of 40 mobile computers and required components; and the
remaining 18 units, totaling $153,054.00, will be funded from the Department of
Technology's prior years retained earnings fund.
The City Manager recommended that Council authorize acceptance of the bids
of GTSI Corporation for the purchase of mobile computers, pursuant to details of the
bid dated May 16, 2001; Motorola, Inc., for purchase of Vehicle Radio Modems and
Text Messenger, pursuant to details of the bid dated May 16, 2001; reject all other
bids received by the City; authorize the City Manager to execute all forms and
agreements with GTSI Corporation and Motorola, Inc.; and appropriate $153,054.00
from Department of Technology Retained Earnings to Account No. 013-430-1602-
9015.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35461-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Department of Technology Fund Appropriations, and providing for an
emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35461-071601. The motion
was seconded by Mr. Hudson.
Ms. Wyatt expressed concern that the City has not engaged in long range
planning to meet ever changing technology needs. She encouraged leasing as
opposed to purchasing computers inasmuch as the technology changes at such a
rapid pace.
Mr. White suggested that the matter of including line items in future fiscal year
budgets for technology, vehicle replacement and other items be referred to the City
Manager and to fiscal year 2002-03 budget study; whereupon, without objection by
Council, the Mayor advised that the matter would be referred to the City Manager and
to fiscal year 2002-03 budget study.
457
Ordinance No. 35461-071601 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .......................................................................................................... -6.
NAYS: None ................................................................................ -0.
(Council Member Harris was absent.)
Mr. Carder offered the following resolution:
(#35462-071601) A RESOLUTION accepting the bid of GTSI Corporation for the
purchase of mobile computers and accepting the bid of Motorola, Inc., for the
purchase of vehicle radio modems and Text Messenger Software, upon certain terms
and conditions, and awarding contracts therefor; authorizing the proper City officials
to execute the requisite contracts for such items; and rejecting all other bids made
to the City for the items.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35462-071601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ......................................................................................................... -6.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.)
TRAFFIC-EQUIPMENT-STREETS AND ALLEYS: The City Manager submitted
a communication advising that the Capital Maintenance and Equipment Replacement
Program for the prior year identified the need to replace two 2t/2 ton dump trucks,
two 10 ton dump trucks and one 15 ton dump truck in the Streets and Traffic
Department; bids were requested and eight bids were received; the lowest
responsive and responsible bid submitted on all chassis was Magic City Motor
Corporation, at a unit cost of $36,540.00 for the 2Y2 ton chassis, $45,333.00 for the
10 ton chassis and $53,892.00 for the 15 ton chassis, for a total cost of $217,638.00;
the lowest responsive and responsible bid submitted on all dump bodies was
Roanoke Welding Company, at a unit cost of $3,895.00 for the 2Y2 ton dump body,
$4,465.00 for the 10 ton dump body and $7,200.00 for the 15 ton dump body, for a
total cost of $23,920.00; and funding is available from the SunTrust Lease of Vehicle,
Account No. 017-440-9851-9015.
458
The City Manager recommended that Council authorize award of bids as
above set forth, and issuance of purchase orders, in the total amount of $241,558.00,
and reject all other bids received by the City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#35463-071601) A RESOLUTION accepting certain bids for the purchase of
trucks and related equipment, upon certain terms and conditions, and rejecting all
other bids made for such equipment.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35463-071601. The
motion was seconded by Mr. Hudson and adopted by the following vote:
Smith
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
6.
NAYS: None
(Council Member Harris was absent.)
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT-EQUIPMENT: The
City Manager submitted a communication advising that the Roanoke City Police
Department's new building at 348 West Campbell Avenue is nearing completion;
funding for the building did not include exercise equipment for a fitness room on the
second floor; the Roanoke Association Chapter of the Virginia Police Benevolent
Association (PBA) has offered to donate $20,000.00 toward purchase of exercise
equipment, which is new equipment, including a treadmill for cardiovascular
exercise, as well as free weights, benches, and protective pads for the floor; no
restrictions will be imposed on the use of donated equipment by any Police
Department employee, however, it is requested that a plaque be installed in the room
to acknowledge the donation; and Section 2-263, Code of the City of Roanoke (1979),
as amended, requires action by Council to approve acceptance of gifts exceeding
$5,000.00 in value.
The City Manager recommended that Council authorize acceptance of exercise
equipment, valued at $20,000.00, from the Roanoke Association Chapter of the
Virginia Police Benevolent Association, Inc., and express appreciation for said
donation.
(For full text, see communication on file in the City Clerk's Office.)
459
Mr. Hudson offered the following resolution:
(#35464-071601) A RESOLUTION authorizing the City Manager to accept the
donation of exercise equipment, valued at $20,000.00, for the Police Department's
new building from the Roanoke Association Chapter of the Virginia Police
Benevolent Association, and expressing appreciation for the donation.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35464-071601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .................................................................................................... -6.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.)
BUDGET-GRANTS-TREES: The City Manager submitted a communication
advising that City staff identified a $10,000.00 Urban and Community Forestry Grant
available to communities through the Virginia Department of Forestry; application
for the grant was made through a proposal entitled, "Demonstration Project: Central
City Tree Planting"; the project is needed because tree replacement in Roanoke's
central city neighborhoods has not kept pace with other urban neighborhoods; and
the Virginia Department of Forestry notified the City of Roanoke on June 5, 2001, that
a grant of $10,000.00 was awarded to the City of Roanoke for the project.
It was further advised that the Urban and Community Forestry Grant is a
Federal grant sponsored by the U. S. Forest Service and administered by the Virginia
Department of Forestry; funds are awarded on a reimbursement basis after
verification of match; the grant requires a 50 per cent local match; sufficient
matching funds were identified using $3,674.00 funds from Supplies-Trees Account
No. 001-053-4340-3004, a Parks and Grounds operating budget account, and
$6,326.00 in kind match using department labor and equipment costs; the $10,000.00
grant award will be used to purchase an estimated 50 trees at an estimated cost of
$200.00 each, which will be purchased, planted and guaranteed by a professional
landscaping company; as part of the project, the City will also purchase 50
wholesale trees for planting by City employees in the central City neighborhoods in
cooperation with various neighborhood organizations; a request for reimbursement
of $10,000.00 will be submitted following completion of the project in the Spring of
2002; and time of performance of the project is July 1, 2001 through May 15, 2002.
460
The City Manager recommended that Council accept the Urban and
Community Forestry Grant and authorize the City Manager to execute any required
grant agreement, or other related documents, such agreement to be approved as to
form by the City Attorney, and appropriate $13,674.00 in Federal and local cash
match funding in accounts to be established in the Grant Fund by the Director of
Finance, the in-kind match of $6,326.00 will be accounted for in the Parks and
Grounds operating budget; and authorize establishment of corresponding revenue
estimates in the Grant Fund.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35465-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35465-071601. The motion
was seconded by Mr. Hudson.
Mr. Bestpitch advised that trees are quality of life and health issues, additional
initiatives will be developed in the coming weeks to address the matter, and
requested that Council be receptive to measures that can be taken to prevent the
loss of more trees in the City of Roanoke.
Ordinance No. 35465-071601 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith 6.
NAYS: None 0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following resolution:
(#35466-071601) A RESOLUTION accepting the Urban and Community Forestry
Grant from the Virginia Department of Forestry.
(For full text of resolution, see Resolution Book No. 64.)
461
Mr. Bestpitch moved the adoption of Resolution No. 35466-071601. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ........................................................................................... - ............ -6.
NAYS: None ............
(Council Member Harris was absent.)
BUDGET-HUMAN DEVELOPMENT-COMMITTEES: The City Manager submitted
a communication advising that the Human Services Committee budget, in the
amount of $474,769.00, was established by Council with adoption of the General
Fund budget for fiscal year 2001-02 on May 7, 2001; requests from 40 agencies,
totaling $866,863.91 were received, and appeals were filed and heard on April 17,
2001, from the following agencies: All Star Clinics, TAP - HOPE VI Project, American
Red Cross Roanoke Chapter Disaster Services, Roanoke Adolescent Health
Partnership, Northwest Neighborhood Environmental Organization, and Presbyterian
Community Center; all appeals were denied and performance audits will be
conducted by the Council of Community Services to evaluate effectiveness and
efficiency of funded programs.
The City Manager recommended that Council transfer $474,769.00 from the
Human Services Committee, Account No. 001-630-5220-3700, to new line items to be
established in the Human Services Committee budget by the Director of Finance, as
set forth on Attachment 1 to the report; and that the City Manager be further
authorized to execute contracts with The Salvation Army for the Homeless Housing
Program - Red Shield Lodge, ($14,000.00) and Abused Women's Shelter - The
Turning Point, ($14,000.00); St. John's Community Youth Program, Inc., ($5,000.00);
and the Council of Community Services, for performance audits ($11,000.00).
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35467-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
462
Mr. Hudson moved the adoption of Ordinance No. 35467-071601. The motion
was seconded by Mr. Carder.
Mr. White requested clarification with regard to Attachment 2 to the report
which illustrates allocations/recommendations by Roanoke Valley jurisdictions, and
inquired if the agencies had, in fact, requested funds from other area jurisdictions,
to which question the City Manager advised that she would respond at a later date.
Mr. White requested that Attachment 2 be deleted from the official record until it is
known if other jurisdictions were specifically requested to provide their share of
funding; whereupon, it was the consensus of Council that Attachment 2 would be
withdrawn from the report, with the understanding that the City Manager will provide
the requested information prior to the next meeting of Council on Monday,
August 6, 2001.
Ordinance No. 35467-071601 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Carder, and Mayor Smith ...... 5.
NAYS: None 0.
(Council Member Harris was absent.) (Council Member Bestpitch advised that his
spouse is employed by the YMCA of Roanoke Valley and since a percentage of
funding is allocated to the organization, he will abstain from voting.)
Mr. Carder offered the following resolution:
(#35468-071601) A RESOLUTION concurring in the recommendations of the
Human Services Committee ("Committee") for allocation of City funds to various
nonprofit agencies and performance audits for Fiscal Year 2001- 2002; authorizing
the City Manager, or her designee, to execute a contract with The Salvation Army for
provision of services under the Homeless Housing Program and/orAbused Women's
Shelter, to execute a contract with St. John's Community Youth Program, Inc., for
provision of services, and to execute a contract with the Council of Community
Services to perform the necessary audits.
(For full text of resolution, see Resolution Book No. 64.)
463
Mr. Carder moved the adoption of Resolution No. 35468-071601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Carder, and Mayor Smith ...... 5.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.) (Council Member Bestpitch advised that his
spouse is employed by the YMCA of Roanoke Valley and since a percentage of
funding is allocated to the organization, he will abstain from voting.)
DIRECTOR OF FINANCE:
BUDGET: The Director of Finance submitted a written report advising that at
the close of fiscal year 2001, budgeted funds were obligated for outstanding
encumbrances; purchase orders or contracts were issued for goods and services
as of the close of fiscal year 2001, but delivery of the goods or performance of the
services had not been completed; reappropriation of funds carries forward the
unspent budget funds that were originally appropriated and are contractually
obligated for the goods and services; and appropriation amounts are as follows:
General Fund Open Encumbrances
Water Fund Open Encumbrances
Sewage Fund Open Encumbrances
Civic Center Fund
Open Encumbrances
Transportation Fund
Open Encumbrances
Department of Technology Fund
Open Encumbrances
Fleet Management Fund
Open Encumbrances
School Fund Open Encumbrances
School Food Services Fund
Open Encumbrances
2,252,172.00
348,230.00
492,8O5.00
59,952.00
960.00
144,811.00
118,989.00
1,170,053.00
24,695.00
464
The Director of Finance recommended that Council adopt budget ordinances
reappropriating funds into the current year budget, in order that encumbrances may
be properly liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#35469-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35469-071601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ................................................................................................. -6.
NAYS: None. 0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35470-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Water Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35470-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith 6.
NAYS: None
(Council Member Harris was absent.)
465
Mr. Bestpitch offered the following emergency budget ordinance:
(#35471-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Sewage Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35471-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ............................................................................................................ -6.
NAYS: None .................................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35472-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35472-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .................................................................................................... -6.
NAYS: None .... 0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35473-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Transportation Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
466
Mr. Bestpitch moved the adoption of Ordinance No. 35473-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith .................................................................................................... -6.
NAYS: None ....................................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35474-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Department of Technology Fund Appropriations, and providing for an
emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35474-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith 6.
NAYS: None ....................................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35475-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35475-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
467
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ............................................................................................................ -6.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35476-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School Fund Appropriations, and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35476-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ......................................................................................... -0.
(Council Member Harris was.) (Council Member Wyatt abstained from voting
inasmuch as she is employed by the Roanoke City Public School System.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#35477-071601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School Food Services Fund Appropriations, and providing for an
emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Bestpitch moved the adoption of Ordinance No. 35477-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, and Mayor
Smith ........................................................................................................... 5.
NAYS: None ...................................................................................... -0.
(Council Member Harris was absent.) (Council MemberWyatt abstained from voting
inasmuch as she is employed by the Roanoke City Public School System.)
468
CITY ATTORNEY:
CITY CODE-SEWERS AND STORM DRAINS: The City Attorney submitted a
written report advising that on June 18, 2001, Council adopted Ordinance No.
35423-061801, implementing recommendations contained in a letter from the City
Manager to Council with regard to United States Environmental Protection Agency
(EPA) regulations requiring certain scientific study and evaluation every five years
of the local limits section of the City's sewer use standards; following the required
study, it was found that amendments to several definitions and sections of Article
III, Sewer Use Standards, Chapter 26, Sewers and Sewage Disposal, Code of the City
of Roanoke (1979), as amended, is required; the Virginia Department of
Environmental Quality (DEQ) also approved the amendments; upon review of the
above referenced ordinance, it appears that one definition in §26-43, Definitions,
relating to chemical oxygen demand (COD) and biochemical oxygen demand (BOD)
ratios should have been deleted; in addition, subsection (k)(1)(b)(4) of §26-56,
Discharge permits for industrial waste, requires the addition of two words; and
amendments are of a housekeeping nature to correct an inadvertent oversight in the
previous ordinance.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#35478-071601) AN ORDINANCE amending and reordaining Chapter 26,
Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of
Roanoke (1979), as amended, by amending certain subsections of §26-43,
Definitions, and §26-56, Discharge permits for industrial waste, with regard to
certain items specifically regulated by this Code in order to comply with regulations
of the United States Environmental Protection Agency (EPA), which proposed
amendments have been approved by both the EPA and the Virginia Department of
Environmental Quality (DEQ); and providing for an emergency.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35478-071601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ........................................................................................................... -6.
NAYS: None 0.
(Council Member Harris was absent.)
469
REPORTS OF COMMITTEES:
PARKS AND RECREATION: A report of the City Planning Commission
advising that the Acting Director of Parks and Recreation has requested that
Washington Park be renamed to Booker T. Washington Park to reflect the history of
the park; and the name change is also recommended by a citizen committee
established to make improvements to Washington Park.
The City Planning Commission recommended that Council rename
Washington Park as Booker T. Washington Park, as requested by the citizen
committee and the Department of Parks and Recreation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#35479-071601) A RESOLUTION renaming Washington Park as the Booker T.
Washington Park.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35479-071601. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ........................................................................................................ -6.
NAYS: None ....................................................................................... -0.
(Council Member Harris was absent.)
STREET NAMES-STREETS AND ALLEYS: A report of the City Planning
Commission advising that new industrial development along Frontage Road resulted
in the extension of Ordway Drive from Hershberger Road to Ferndale Drive; a cul-de-
sac was installed on Ferndale Drive near William Ruffner Middle School for traffic
safety purposes; and the name of the new street connection was not changed to
reflect the new street pattern.
The City Planning Commission recommended that Council rename Ferndale
Drive from extended Ordway Drive to its terminus as Ordway Drive, and noted that
there would be no change in the name of Ferndale Drive from FerncliffAvenue to the
cul-de- sac.
(For full text, see report on file in the City Clerk's Office.)
470
Mr. Carder offered the following resolution:
(#35480-071601) A RESOLUTION authorizing the City Manager to officially
name a public right-of-way located within the City.
(For full text of resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35480-071601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor
Smith ................................................................................................ -6.
NAYS: None 0.
(Council Member Harris was absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
Y.M.C.A.-CITY PROPERTY: Ordinance No. 35438, 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 at 506 Church Avenue
and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA
of Roanoke Valley, Inc., upon certain terms and conditions, having previously been
before the Council for its first reading on Monday, July 2, 2001, read and adopted on
its first reading and laid over, was again before the body, Mr. Hudson offering the
following for its second reading and final adoption:
(#35438-071601) 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 at 506 Church Avenue and the
adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of
Roanoke Valley, Inc., upon certain terms and conditions.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35438-071601. The motion
was seconded by Mr. Carder and adopted by the following vote:
Smith
AYES: Council Members Hudson, White, Bestpitch, Carder, and
471
Mayor
5.
NAYS: None .................................................................................... -0.
(Council Member Harris was absent.) (Council Member Bestpitch abstained from
voting inasmuch as his spouse is employed by the YMCA of Roanoke Valley, Inc.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CELEBRATIONS-COUNCIL-STADIUM: Mr. Hudson commended The Roanoke
Times on sponsoring the "Music for Americans" celebration which was held at
Victory Stadium on July 4th. He stated that he was proud of the fact that the City of
Roanoke has a stadium that will accommodate thousands of persons.
PARKS AND RECREATION: Vice-Mayor Carder referred to the recent closure
of the skateboard park which is located in Wasena Park for renovations. For the
benefit of those persons who were unaware of the proposed renovations, he advised
that construction will begin during the week of July 23rd and should be completed
on or about August 30th.
SPECIAL PERMITS-COMPLAINTS: Vice-Mayor Carder referred to telephone
calls and other forms of correspondence regarding the removal of basketball goals
which encroach on City property adjacent to residential homes, some of which have
been in existence for 15 - 20 years. He also referred to those instances where there
are cul de sacs and one way streets where young people play basketball, and
inquired if the basketball goals could be treated like an easement. He requested that
the City Attorney research the question of whether the City could be indemnified
against liability, upon application by the property owner.
REFUSE COLLECTION-RECYCLING: Vice-Mayor Carder referred to revisions
to the City's solid waste collection program, which went into effect on July 1, 2001,
and requires citizens, in some instances, to place their refuse containers at the curb
rather than at the alley for collection. He expressed concern that neighborhoods
could become littered with refuse and/or unsightly because residents may choose
to store their refuse containers at the front of their property.
He stated that as the City proceeds with the modified refuse collection
process and, if it is discovered that neighborhoods are becoming unsightly and
citizens are short cutting the process by leaving their refuse containers in front of
their residence, it will be important to monitor the situation to insure that the City
does not lose the integrity of its neighborhoods.
472
Mr. Bestpitch advised that based upon recent information received by Council,
approximately 50 locations have been reinstated for alley collection that had
previously been designated for street collection. He stated that if there are specific
locations where street collection cannot be continued for a specific reason, then
alley collection should be reinstated; however, in those locations where alley
collection is possible, refuse should continue to be collected from the alley. He
asked that the City administration continue to move forward and evaluate the
situation in an effort to accommodate as many citizens as possible.
Mr. White requested an update by the City Manager on the status of refuse
collection; whereupon, the City Manager expressed appreciation for Council's
patience and tolerance through what has been a significant time of change for the
community. She advised that the process has been a learning experience for staff
in regard to the methods of communication that were used with citizens and how
communication occurred as citizens called the City for assistance. She stated that
every call was addressed, and as a result, 47 blocks of streets have been adjusted,
which demonstrates that the City is trying to be flexible and sensitive to the
concerns of its citizens. She stressed the importance of the cleanliness of the City
which was demonstrated last fall when weekly collection of bulk trash and tree
limbs was initiated. With regard to the modified refuse collection procedure, she
advised that some mistakes were made and there were certain unforeseen
circumstances that complicated the first two weeks; i.e.: the program should not
have been initiated on a week that had a holiday which caused confusion, the City
relied on the news media, the Presidents' Council of Neighborhoods and civic
leagues as the primary methods of communication; however, issues of
communication relating to future changes will be approached differently; and
information will be mailed to each City resident by the end of the week providing an
overview of the entire system. She stated that the Solid Waste Department was
down by four positions when the program was started two weeks ago and two
pieces of vehicular equipment were out of service, all of which were unforeseen
circumstances. On the positive side, she stated that there has been a tremendous
response to the recycling effort and the City is receiving calls from citizens
requesting recycling containers who have not previously recycled. For the month
of May, she advised that the City collected 12 tons of plastic, aluminum, cans and
glass and during the first week of the current program, which was a holiday week,
nine tons were collected. She stated that there was confusion by citizens as to
which recyclables to set out, there were a number of requests for physically
challenged assistance, and some citizens were confused as to where refuse
containers were to be placed, which led to a number of calls regarding
miscollections and caused multiple collections in some parts of the City. She
explained that the refuse collection cycle was relatively complete by Friday
afternoon, July 20, and staff of Solid Waste Management was desirous of
473
accomplishing the task on their own because there is a great sense of pride and
morale in the Solid Waste division, with staffthat is concerned about the cleanliness
of the City as well; and the goal was to start the week of July 23 with a clean slate,
with all citizens knowing the proper location to set out their refuse.
She advised that Roanoke County staff worked alongside City staff on
Saturday, July 21, with Roanoke County staff concentrating primarily on main
streets and City crews working side streets and subdivisions; and approximately 38
tons of refuse were collected compared to a typical collection day of approximately
20 tons. She stated that collection started on Monday morning, July 16, on target
with citizens having a better understanding as to the location where items were to
be placed. She added that City staff has tried to insure that citizens are educated
as to where their items are to be collected, a special telephone number was staffed
on Saturday, July 14 to respond to questions and while some changes, are
necessary, the system is beginning to work, call volumes are down compared to last
week, and it is hoped that the community and Council will give City staff at least two
additional weeks to make adjustments, to disseminate information and to clarify
concerns. She stated that more and better services can be provided as a result of
the change and taxpayers' money will be saved. She called attention to certain
unsafe alleys in the City of Roanoke and noted that if refuse collection is returned
to the alleys, significant changes will have to be made.
Ms. Wyatt advised that she appreciates the City Manager's willingness to
revisit the issue if it is determined at a future date that street collection is not
working. She asked that the City not find itself so locked into the new procedure
that it is not willing to revisit the issue, because Council Members and City staff are
elected and/or appointed to serve the community in the most cost effective manner,
but at the same time, there is a responsibility to listen to the wishes of the citizens.
Mr. Hudson concurred in the remarks of Council Members Bestpitch and
Wyatt. He stated that based on citizen input he has received, street refuse collection
is not working. He expressed concern for those senior citizens who wish to comply
with the new program, but, for physical reasons, are unable to move their refuse
containers to the street for collection.
The Mayor extended appreciation to Roanoke County for its willingness to
assist the City on Saturday, July 21, in order to complete the weekly refuse
collection cycle. He stated that on Thursday, July 19, which is his birthday, he will
work on the back of a refuse collection vehicle which will give him a better
understanding of the refuse collection process. He advised that several months ago,
the City was approached with regard to debris build up along the banks of the
Roanoke River, and on the morning of July 4th, 35 members of the Kiwanis Club
474
collected three truck loads of debris from the banks of the Roanoke River. He stated
that Kiwanians are willing to perform this volunteer task two times per year as a
service to the City, and encouraged another civic organization to volunteer its
services on Labor Day, September 3, 2001.
EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The Mayoradvised
that he recently traveled with the Roanoke Chapter of the American Red Cross to the
flood ravaged areas of West Virginia. While he commended the American Red Cross
on the outstanding work of its volunteers, he stated that he observed a breakdown
of local emergency service management in the West Virginia area. He requested
that the City Manager provide Council with an update on the City of Roanoke's
Emergency Disaster Plan.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that this is a time for citizens to be heard; and matters
requiring referral to the City Manager will be referred immediately for response,
report or recommendation to Council.
COMPLAINTS-REFUSE COLLECTION-RECYCLING: Ms. Josephine Hutcheson,
1111 Loudon Avenue, N. W., advised that elimination of trash collection in alleys is
unfair to residents of northwest Roanoke, as well as City sanitation workers. She
stated that all citizens pay taxes, however, the City insists on doing what it wants,
regardless of the wishes of the citizens. She added that closing alleys is not
justified to save money, and it is unfair to senior citizens who, in some instances,
must maneuver their refuse containers down steep inclines to reach the street, all
for the cause of saving money. She asked that alley refuse collection services be
reinstated.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council on
behalf of all residents of Historic Gainsboro, Gilmer and Patton Avenues, N. E., and
requested that residential trash collection return to procedures that were in effect
prior to July 1, 2001; whereupon, she petitioned that the above referenced
neighborhood be declared exempt from all curb side refuse collection. She stated
that both alley and curbside collection is needed in Historical Gainsboro--alley
collection for those residents on the south side of Gilmer and Patton Avenues
because topography of the land requires pushing or pulling the large blue containers
down a steep hill, embankment or steps. She explained that some south side
residents do not need medical exemption, but they are elderly citizens who cannot
manipulate the large blue containers down and up the embankment. In addition to
individual concerns, she added that residents are concerned about the health and
safety of City employees who will have to negotiate hills or steps in all kinds of
475
weather which can be hazardous. She called attention to the need for clarification
as to which day refuse collection will take place in each quadrant of the City.
She also requested clarification as to whether the south side of Gilmer Avenue, N.
E., and the south side of Patton Avenue, N. W., will be exempt from street collection,
and asked that refuse collection be returned to the pre July 1, 2001 procedure.
At 5:24 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
At 5:30 p.m., the meeting of Roanoke City Council reconvened in the
Emergency Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., with Mayor Ralph K. Smith presiding,
and the following Members of Council in attendance, for the purpose of holding a
joint session with the Roanoke Civic Center Commission to discuss expansion
needs and special needs of the Roanoke Civic Center.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr., Linda F.
Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ............... 6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
(Vice-Mayor Carder left the meeting following the presentation by the Manager of the
Roanoke Civic Center.)
ROANOKE CiViC CENTER COMMISSION MEMBERS PRESENT:
Commissioners Vernon M. Danielsen, Mark E. Feldman, Edward L. Lambert, Robert
C. Poole, Sandra W. Ryals and Calvin L. Johnson, Chair ........................................ 6.
ABSENT: Commissioner Thomas G. Powers ......................................... 1.
STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk;
Rolanda A. Johnson, Assistant City Manager for Community Relations; Gary E.
Tegankamp, Assistant City Attorney; James Evans, Manager, Roanoke Civic Center;
Christene Powell, Assistant Manager, Roanoke Civic Center; and (Susan Bryant-
Owens,) Secretary, Roanoke Civic Center Commission.
Following dinner, the business session convened at 6:00 p.m.
476
ROANOKE CIVIC CENTER-CONSULTANTS' REPORTS: Mr. Evans reviewed
the results of a study prepared by Rosser International in October 1999, which
provides for a $64 million Civic Center expansion program. Components
recommended by the architect include the following:
Two 32,500 square feet exhibit halls,
Private boxes on three sides of the coliseum,
Club seats/club lounge on the south side,
Concourse renovation and expansion,
Seating bowl-aisle closure/seat replacement,
Restaurant/sports bar,
Additional seating - raise coliseum roof,
Improved back of house amenities,
Auditorium renovations,
Enclosure of plaza, and
Parking improvements.
Mr. Evans advised that issues with the exhibit hall include limited availability
of weekend dates during prime season (October - April), with the coliseum used as
an exhibit hall 45 days per year and lost business totaling $85,000.00, or 16 event
days. He stated that exhibit hall components include 32,000 square feet of open
space, new kitchen facilities, new storage facilities, relocated cooling tower, ticket
office and administrative office and a new truck dock/marshaling yard, at a total cost
of $13,065,000.00. He reviewed the following funding sources:
Exhibit Hall Cost -
Additional Franchise Requirements
$ 3,065,000.00
1,276,020.00
Total Project Costs
$ 14,341,020.00
Operating Supplement Available for
Capital Improvements
New Exhibit Hall Revenue
612,870.00
150,000.00
762,870.00
477
Available Serviceable Debt 8,391,570.00
Additional Debt Required 5,949,450.00
He also reviewed the following funding alternatives:
One per cent increase in Admissions Tax
($1.25 million in debt service)
One per cent increase in Meals Tax
($17 million in debt service)
One per cent in Lodging Tax
($10 million in debt service)
Mr. Evans reviewed other short term needs, as follows:
HVAC replacement (over six years)
Auditorium
Fall Protection System
Side and End Court Risers
TOTAL
$ 114,389.00
- $ 1.5 million annually
$ 850,000.00
The City Manager advised that the entertainment sports world views the City
of Roanoke as a viable location which was indicated by recent decisions of the
NBDL, SFX, and other entertainment venues; however, to this point, the Civic Center
has not reached a level where the City can maximize its potential. She called
attention to the National Basketball Development League (NBDL) franchise
agreement, which, in anticipation of the possibility of the community expanding or
upgrading the facility, recognized the opportunity to promote naming rights and the
idea of luxury boxes and suites, and if and when the NBDL becomes tenants and at
such time as the City is ready to move forward in those areas, they are prepared to
help identify individuals and corporations to assume those responsibilities.
At 6:15 p.m., Vice-Mayor Carder left the meeting.
$ 1,888,650.00
750,000.00
250,000.00
365,000.00
$ 3,253,650.00
478
She added that if the City were to build the same facility to the specifications
that are necessary to be competitive in today's market, the $64 million figure
projected by the consultant would triple. She stated that it is acknowledged that the
City cannot fund a $64 million project at one time, however, some components can
be funded using a phased in approach and increased revenues from activities that
would be returned to the Civic Center. She advised that Roanoke has the potential
to become the entertainment center of southwest Virginia and the
stadium/amphitheater project will help to promote that identification. She stated that
Council is not requested to make decisions on revenue sources today; however, the
briefing was presented in an effort to be responsive to the Council's request for
information on exhibit hall space. She advised that in talking with rePresentatives
of the Roanoke Valley Convention and Visitors Bureau and the General Manager of
The Hotel Roanoke, there are certain conferences and conventions that make a
decision not to come to Roanoke because of insufficient exhibit hall space, which
has a significant economic impact on the community. At the appropriate time, she
requested that Council provide City staffwith future direction which will enable the
City of Roanoke to remain competitive with other localities.
There being no further business, at 6:45 p.m., the Mayor declared the meeting
in recess to be reconvened at 7:00 p.m., in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke.
On Monday, July 16, 2001, at 7:00 p.m., the Roanoke City Council reconvened
in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr., Linda F.
Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith ...................................... 5.
ABSENT: Council Members William H. Carder and C. Nelson Harris
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
479
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,
July 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Lee Hi Land Group, on the question of amending proffered conditions
presently binding upon a tract of land lying on the north side of Orange Avenue,
N. E., Official Tax No. 7140114, as set forth in Ordinance No. 33516-080497, adopted
on August 4, 1997, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, June 29, 2001 and Friday, July 6, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report ofthe City Planning Commission recommending that Council approve
the request to amend proffered conditions, advising that amended conditions
address inappropriate uses of the site as well as limiting the number of curb cuts to
one, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following ordinance:
"AN ORDINANCE to amend §36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of Roanoke,
in order to amend certain conditions presently binding upon certain property
previously conditionally zoned C-2, General Commercial District, and dispensing
with the second reading of this ordinance."
Mr. White moved the adoption of the ordinance. The motion was seconded
by Mr. Hudson.
Mr. Bestpitch expressed concern that neither the petitioner or his
representative was present to respond to questions. He stated that in 1997, the
property was rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to a development plan; however, sale of the property
was not consummated and another party is now interested in purchasing the
property.
He inquired as to the status of the development plan for review by City staff
prior to Council's amendment of the proffered conditions.
480
Mr. White offered a substitute motion that action on the matter be tabled
inasmuch as the petitioner was not present to respond to questions. The motion
was seconded by Mr. Hudson and adopted.
TAXES-BUSINESS INCUBATORS: Pursuant to action by the Council, the City
Clerk having advertised a public hearing for Monday, July 16, 2001, 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 designation of property located at 1354 Eighth Street, S. W., to be exempted from
taxation, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, July 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the City Manager advising that the Blue Ridge Small
Business Center, Inc., owns property described as Official Tax Nos. 1130511,
1130512, 1130514, 1130515, 1130516, 1130719, 1130814, and 1130809, located at
1354 Eighth Street, S. W., which property houses The New Century Venture Center,
an incubator for small businesses; annual taxes due for 2000-01 were $4,561.68 on
an assessed value of $78,000.00 for the land and $299,000.00 for the building; the
Blue Ridge Small Business Center, Inc., petitioned Council in January 2001, for
adoption of a resolution in support of the organization obtaining tax-exempt status
from the General Assembly on property located in the City of Roanoke; loss of
revenue to the City will be $3,649.34 after a 20 per cent service charge is levied by
the City in lieu of real estate taxes; and the service charge will be $912.34, was
before Council.
The City Manager recommended that Council support the request of the Blue
Ridge Small Business Center, Inc., for exemption from taxation to the General
Assembly, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#35481-071601) A RESOLUTION supporting tax exemption of 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.
(For full text of resolution, see Resolution Book No. 64.)
481
Mr. White moved the adoption of Resolution No. 35481-071601. The motion
was seconded by Mr. Bestpitch.
Lisa Ison, President, The New Century Venture Center, advised that The New
Century Venture Center is a business incubator that opened in July 1996 and
operates as a 501 (C)(3) non-profit corporation, the sole mission of which is to
nurture startup companies in the area and help them through the critical early steps
of business development.
She further advised that since its inception five years ago, the Center has
assisted over 50 companies, graduated 12 companies and currently houses 23
tenants that employ 155 persons. She stated that the Center operates as a mixed
use incubator by accepting companies involved in service, operations, high tech and
light manufacturing operations, and current occupants include 17 service
companies, five high tech companies, one high tech light assembly operation and
ten firms represent women or minority owned businesses. Of the 12 graduates, she
noted that five have remained in the City of Roanoke and now employ 33 persons;
two graduates purchased their own buildings and remodeled the structures into
attractive facilities, thus encouraging surrounding business owners to update their
properties; another graduate was acquired by a Colorado-based telecommunications
company for $13 million and because of the workforce and quality of life in the
Roanoke Valley, a decision was made to remain in the Roanoke area and renovate
a large facility, with creation of 40 additional high tech engineering jobs.
She stated that in January 2001, The New Century Venture Center entered into
a partnership with the Roanoke Redevelopment and Housing Authority to create an
entrepreneur training program, the purpose of which is to identify existing and
prospective individuals and entrepreneurs within the City's public housing
development by helping them develop their businesses into viable operations; there
are two on site participants and five additional participants are scheduled to enter
the program. She explained that the small business incubator is a valuable part of
Roanoke City's overall economic development program which fills a void for those
entrepreneurs who may not have a chance otherwise and who need an environment
that is conducive to business ownership, and it is rewarding to play an important
role in assisting young companies that are starting to grow into successful business
operations, which creating job opportunities for Roanoke's citizens.
In closing, Ms. Ison stated that The New Century Venture Center does not
receive funds through the City of Roanoke and if the tax exemption is approved, the
Center will continue to pay an amount equal to 20 per cent of the City's real estate
tax levy.
482
Mr. White spoke in support of the request of The New CenturyVenture Center;
however, he called attention to previous requests that City staff review the status of
501(C)(3) non-profit corporations to provide Council with a review of current
properties on the City's tax role versus tax exempt properties, and submit a policy
recommendation for consideration by Council.
The Mayor expressed concern with regard to the precedent of granting tax
exempt status, and stated that he would prefer some type of allotment to the
organization as opposed to opening the door to tax exempt status.
The City Manager advised that this is an area that warrants scrutiny; a
previous Council enacted a policy that applicants agree to pay 20 per cent of what
would be the normal real estate tax, and previous to that decision, tax exempt
agencies were not required to pay any real estate taxes; therefore, there are two
different categories of tax exempt status in the City of Roanoke. She spoke in
support of the request of The New Century Venture Center because it contributes
directly to the economy of the City of Roanoke. Pursuant to the request of Council
Member White, she advised that she would evaluate the current procedure for real
estate tax exemption and provide a policy recommendation for consideration by
Council.
Resolution No. 35481-071601 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, and Mayor
Smith
NAYS: None ..................................................................................... -0.
(Council Members Carder and Harris were absent.)
The Mayor declared the public hearing closed.
CITY PROPERTY-PARKS AND PLAYGROUNDS: Pursuant to action taken by
Council, the City Clerk having advertised a public hearing for Monday, July 16, 2001,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the
City of Roanoke to convey approximately 1,000 square feet, more or less, of City-
owned property located in Garden City Park, described as a strip of land
approximately 100' x 10' between the creek and the rear property line of Official Tax
No. 4390812, being a portion of Official Tax No. 4390619, to Cheryl Marie Proctor
Chandler, 3655 Ventnor Road, S. E., upon certain terms and conditions, the matter
was before the body.
483
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, July 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
Due to an error in property description, the City Manager requested that the
matter be withdrawn.
Without objection by Council, the Mayor advised that the matter would be
withdrawn.
BONDS/BOND ISSUES-WATER RESOURCES-SIDEWALK, CURB AND
GUTTER-STADIUM-SCHOOLS: Pursuant to action of the Council, the City Clerk
having advertised a public hearing for Monday, July 16, 2001, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with respect to the proposed adoption
of a resolution authorizing the City of Roanoke to contract a debt and to issue
general 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 principal amount of $31,245,000.00, for the 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 the City, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Monday, July 2, 2001 and Monday, July 9, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager and the Director of Finance submitted a joint written report
advising that on June 18, 2001, Council endorsed and concurred in
recommendations contained in an update to the Capital Improvement Program (ClP)
for Fiscal Years 2002-2006, which included a list of new capital improvement
projects and funding scenarios; and consistent with recommendations in the Capital
Improvements Program update, the following capital projects contained in the
updated plan need to be funded by the next issuance of bonds, pursuant to the
Public Finance Act of 1991 (Code of Virginia):
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Program
Schools
Stadium/Amphitheater
5,445,000.00
5,000,000.00
4,600,000.00
16,200,000.00
Total $ 31,245,000.00
484
The City Manager and the Director of Finance recommended that Council
adopt a measure authorizing issuance of $31,245,000.00 general obligation bonds,
pursuant to the Public Finance Act of 1991 (Code of Virginia).
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
"A RESOLUTION authorizing the issuance of thirty-one million two hundred
forty-five thousand dollars ($31,245,000) principal amount of general obligations of
the City of Roanoke, Virginia, in the form of general obligation public improvement
bonds of such City, for the purpose of providing funds to pay 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 of the
issuance and sale of such bonds; and otherwise providing with respect to the
issuance, sale and delivery of such bonds and notes."
Mr. Bestpitch moved the adoption of the resolution. The motion was
seconded by Mr. White.
Mr. Hudson advised that he supports the need for general obligation bonds;
however, in good conscience, he could not support a $31 million bond issue without
providing an opportunity for citizen input through a bond referendum.
Mr. Bestpitch referred to the $5 million allocated for curb, gutter and sidewalk
improvements and called attention to those citizens who have waited for many
years for funds to be dedicated for that purpose. He stated that $5 million will take
the City a long way in reaching its goals and encouraged Council Members to vote
in favor of issuing the bonds.
Mr. White advised that the $5 million designated for sidewalk, curb and gutter
improvements is a major step forward, and one of his priorities during his Council
service has been to improve the City's financial condition in order to fund such
improvements.
485
Ms. Wyatt advised that a portion of the bond funds are designated for the
Roanoke City Public School System, and inasmuch as she teachers at a City
elementary school, she inquired if she should abstain from voting on the resolution;
whereupon, the City Attorney advised that since the proposed measure pertains to
capital expenditures at the Roanoke Academy for Mathematics and Science, Ms.
Wyatt would not have a conflict of interest and could therefor cast her vote on the
resolution.
The Mayor requested information on the City's bonded indebtedness. He
stated that old debt is being retired at the rate of about $3 million per year and the
proposed $31 million bond issue is in addition to funds that will be necessary for the
two high school renovation projects, as well as civic center improvements in the
range of $64 million over the next several years. He inquired as to the bonded
indebtedness of the previous Council and the present Council, and stated that the
City must retire debt at a faster pace if it is to continue to expand the City's bonded
indebtedness. He requested information on the City's level of bonded indebtedness
five years ago.
The Director of Finance responded to the City's level of bonded indebtedness
over the past three years; i.e.: on June 30, 1999, the City and the School Board had
$119 million in general obligation bond debt, $77 million City debt and $42 million
school debt; on June 30, 2000, the City had a $99 million debt and the Schools had
$58 million, for a total of $157 million; and as of June 30, 2001, the City will have $94
million outstanding debt and the School debt will be $61 million, for a total of $155
million. He stated that the principle reduction in bonded debt for next year for the
City and School budget totals approximately $9 million, $6 million to be retired by
the City and $3 million to be retired by the School Board.
Inasmuch as general obligation bond resolutions require four affirmative votes
for adoption, the resolution was lost by the following vote:
AYES: Council Members White, Wyatt and Bestpitch .................................. 3.
NAYS: Council Member Hudson ..................................................... 1.
(Mayor Smith voted present, which he later clarified as an abstention.)
(Council Members Carder and Harris were absent.)
The Mayor declared the public hearing closed.
486
Later during the meeting, Mr. Bestpitch raised a point of order in connection
with the impact of the public hearing on the general obligation bond issue, and
inquired as to the status of bond projects and how the matter can be brought back
to the Council floor for a vote.
In clarification, the Mayor advised that his abstention on the resolution was
based on the fact that he did not receive a satisfactory response to his question
regarding the City's bonded indebtedness.
The City Attorney advised that the matter can be brought back to the Council
floor by the City Manager; however, he will confer with bond counsel on the question
of whether another public hearing must be legally advertised and conducted by
Council.
Ms. Wyatt spoke in support of an information sharing briefing by the City
Manager and the Director of Finance in connection with methods used by other
municipalities in the Commonwealth of Virginia to fund large types of capital
improvements, the level and term(s) of indebtedness, bond rating, etc., and how the
City of Roanoke compares with other municipalities of comparable size.
CITY PROPERTY-BLUE CROSS/BLUE SHIELD: Pursuant to instructions by
Council, the City Clerk having advertised a public hearing for Monday, July 16, 2001,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the
City of Roanoke to convey to Trigon Insurance Company certain City owned property
identified as Official Tax Nos. 4016001, also known as Key Plaza, and 4016003,
located on Franklin Road, S. W., the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, July 8, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from the City Manager advising that Trigon Insurance
Company (Trigon), successor in interest to Blue Cross of Southwest Virginia and
Blue Shield of Southwest Virginia, is the owner of a multi-story office building
located on Official Tax No. 4016002 at the corner of Franklin Road and Jefferson
Street in downtown Roanoke; adjacent parcels to the building, Official Tax Nos.
4016001 (Key Plaza) and 4016003, are both owned by the City of Roanoke; the City
is solely responsible for maintenance and upkeep of these areas and for repairs to
Key Plaza; Trigon has offered to purchase Key Plaza and Official Tax No. 4016003
for the purchase price of $100.00, thereby relieving the City of its continuing
obligations to maintain both parcels; proper maintenance of the two parcels of land
487
would be insured and subject to routine and customary real estate taxation by the
City; and Trigon has agreed that the Special Warranty Deed conveying the parcels
of land to Trigon shall require that, unless the City agrees, Trigon and its successors
shall continue to use and maintain the parcels of land as a plaza or open area, was
before Council.
The City Manager recommended that she be authorized to execute a deed and
any other appropriate documents to be approved as to form by the City Attorney, to
transfer Official Tax Nos. 4016001 and 4016003 to Trigon Insurance Company.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following ordinance:
(#35482-071601) AN ORDINANCE authorizing the City Manager to execute the
necessary documents providing for the sale and conveyance of certain City-owned
parcels located at or near 111 Franklin Road, S. W., and at the intersection of
Franklin Road and Jefferson Street, bearing Official Tax No. 4016001 (Key Plaza) and
Official Tax No. 4016003, upon certain terms and conditions, and dispensing with the
second reading of this ordinance.
(For full text of ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35482-071601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, and Mayor
Smith ............................................................................................................ 5.
NAYS: None ................................................................................... -0.
(Council Members Carder and Harris were absent.)
The Mayor declared the public hearing closed.
OTHER HEARING OF CITIZENS:
The Mayor advised that this is a time for citizens to be heard; and matters
requiring referral to the City Manager will be referred immediately for response,
report or recommendation to Council.
488
COMPLAINTS-REFUSE COLLECTION-RECYCLING: Mr. Woodrow Hickman,
1010 Norfolk Avenue, S. W., appeared before Council in connection with refuse
collection in his section of the City which has not been collected for approximately
three weeks. He expressed concern for elderly and disabled persons who are
physically unable to push their refuse containers to the street for collection, and
because of the topography of the land with high embankments, refuse collection is
best served from the alley. He stated that sanitation workers are under paid, the
department is understaffed and more employees are needed to render the service.
He complained about the accumulation of debris and weeds on the property of a
business located in his neighborhood, the property owner does not live in the area,
therefore, the condition of the property has caused a decrease in property value for
other property owners in the neighborhood.
POLICE DEPARTMENT-COMPLAINTS-CITY SHERIFF-COMMONWEALTH'S
ATTORNEY: Jeff Artis, Chair, Roanoke Southern Christian Leadership Conference
(SCLC), 1450 Lafayette Boulevard, N. W., advised that the SCLC has a history of pro
law enforcement.
However, he stated that on Friday, July 13, 2001, the SCLC completed an
investigation of alleged police brutality, one involving the Sheriff's Department and
one involving the Roanoke City Police Department, both of which related to
individuals residing at the Roanoke Rescue Mission who were arrested for
intoxication in public. He added that one of the individuals, while in custody of the
Sheriff's Department, reported that he was hand cuffed and slammed into the bars
of his jail cell, suffering bodily injury and beaten by law enforcement personnel; and
another individual, while in custody of the Roanoke City Police Department, reported
bodily injury and also beaten by law enforcement personnel. He added that further
research conducted by the SCLC finds that as of Friday, July 13, the proper
documents concerning these alleged police beatings had not been properly filed,
indicating a possible cover up, and photographs of the victims will be posted on his
web-site. He stated that as an organization, the SCLC does not support police
brutality or misconduct, and in light of these two alleged cases of police brutality
and other information gathered by the SCLC over the past several years regarding
Roanoke's law enforcement personnel, the SCLC will formally ask the U. S.
Department of Justice to investigate all Roanoke City law enforcement agencies,
including the Roanoke City Police Department, Sheriff's Department, and
Commonwealth Attorney's Office.
Jack Mills, 1400 Irving Road, Thaxton, Virginia, Ombudsman for the
Commonwealth of Virginia for Women, Children and Minorities, as appointed by
National Southern Christian Leadership Conference President, Herbert Coulton,
advised that the purpose of his position is to diffuse difficult situations in the
community in an effort to develop harmony.
489
He stated that he was requested by the President of the Roanoke Chapter,
SCLC, to support Mr. Artis in his presentation before Council, and suggested that
a Member of Council convene a meeting of appropriate persons to talk "with" each
other rather than "to" each other with regard to alleged actions of law enforcement
personnel in the City of Roanoke.
SPECIAL PERMITS: Mr. Preston Moore, 435 Willow Oak Drive, S. W., advised
that he has been informed by City Building Inspectors that a basketball goal erected
on City right-of-way and without the permission of Council, which faces his property
on Willow Oak Drive, must be removed. He stated that the basketball goal was
erected prior to his acquisition of the property which is located on a cul de sac, and
requested a special exception by the City to permit the basketball goal to encroach
on City right-of-way.
COMPLAINTS-TAXES-CITY EMPLOYEES: Mr. Robert Gravely, 617 Hanover
Avenue, N. W., addressed Council with regard to City issues of concern, specifically,
insufficient wages for the City workforce and the high real estate tax rate in the City
of Roanoke which makes it difficult, if not impossible, for the average City worker
to purchase a home.
COMPLAINTS-STREETS AND ALLEYS: Mr. George Gunther, P. O. Box 12353,
expressed concern with regard to alley closings in the City of Roanoke which will
eliminate rear access to private residences, in some instances, by emergency
vehicles. Instead of closing the alleys, he suggested that alleys be widened to allow
for improved access and cleared of debris to eliminate health and safety hazards.
At 8:10 p.m., the Mayor declared the meeting in recess for one closed session.
At 8:30 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, except Council Members Carder and Harris,
Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Hudson and adopted by the following vote:
490
AYES: Council Members Hudson, White, Wyatt, Bestpitch, and Mayor
Smith..5.
NAYS: None-- O.
(Council Members Carder and Harris were absent.)
At 8:32 p.m., the Mayor declared the meeting in recess until Monday, July 30,
2001, at 12:15 p.m., in the Emergency Operations Center Conference Room, Room
159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
The regular meeting of Roanoke City Council which convened on Monday,
July 16, 2001, and declared in recess until Monday, July 30, 2001, was called to order
on July 30, at 12:15 p.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, by Mayor Ralph K. Smith.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris, and Mayor
Ralph K. Smith ................................................................................................ 7.
ABSENT: None .................................................................................. -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
In view of the fact that a number of persons were present out of their interest
in one or more briefing items on the agenda, following discussion, it was the
consensus of Council that the fifth Monday of each month will be conducted as a
work session of the Council and citizens are invited to attend the meetings, but will
not be recognized for comments.
Inasmuch as one citizen had previously registered to speak, the Mayor called
upon Mr. Douglas Woody, 4854 Autumn Lane, N.W., who spoke against the closing
of the fire station on Salem Turnpike, N.W. He referred to copy of an annexation
decree dated June 6, 1975, which provides for a fire station in the Salem Turnpike
area.
COUNCIL-COMMITTEES: Council having previously agreed that a portion of
each fifth Monday work session would be reserved for Council Members to report
on their liaison roles to various Council-Appointed authorities, boards, commissions
and committees, Members of Council presented the following reports.
491
Vice-Mayor Carder, Council's liaison to Downtown Roanoke, Inc. (DRI)
reported that the Outlook Roanoke Plan has gone through three updates and should
be released in the near future and DRI is trying to build support for downtown
development through the Plan.
He stated that Downtown Roanoke, Inc., recently relocated to the City Market
area and hired a full time manager to address marketing of the City Market. He
further stated that the "Big Lick" street sweeper is in operation in downtown
Roanoke; and DRI is working on developing the Zimmerman property in conjunction
with the Roanoke Valley Chamber of Commerce and the Foundation for Downtown
Roanoke, Inc.
He advised that of concern is the fact that Downtown Service District tax
collection has remained relatively fiat over the last six to seven years, especially in
view of downtown development.
Vice-Mayor Carder reported that the Virginia Museum of Transportation is
conducting a Museum Assessment Program in order to become a certified museum
which should be completed by October 8; major emphasis is on the construction of
a new canopy which will be funded by TEA-21 money and City involvement; and the
Transportation Museum is constructing an automobile gallery through private
contributions.
Vice-Mayor Carder advised that the Roanoke Valley Convention and Visitor's
Bureau would like to compliment Roanoke City Council and the City administration
on increasing the City's Ioding tax, the proceeds of which are to be used to increase
advertising and marketing of the Roanoke area. He stated that the RVCVB is
working to implement a strategic plan to raise the visibility of the Convention and
Visitor's Bureau and to increase the awareness of the benefits of tourism and
marketing tourism dollars. He advised that the RVCVB received a $10,000.00 grant
for the African-American Heritage tour and two additional trade shows have been
added in an effort to generate more convention business; City-wide hotel occupancy
is currently at 53 per cent which is Iow compared with the national average of
approximately 65 per cent; and two new hotels will be locating in the Roanoke area
in the near future. He stated that Roanoke County has increased its funding for
RVCVB from $112,000.00 to $150,000.00, the City of Salem increased its
contributions to $10,000,00 and Franklin County increased its contribution from
$2,500.00 to $5,000.00.
492
He advised that the Special Events Committee continues to focus on The
Christmas Tree Lighting Ceremony, Dickens of a Christmas, the St. Patrick's Day
Parade, and the Blues and Jazz Festival.
Mr. Hudson advised that he serves as Council's liaison to the Roanoke Civic
Center Commission and called attention to a briefing on July 16 with regard to future
needs of the Civic Center totaling $64 million. He stated that he serves as liaison to
the Roanoke Valley Cable Television Committee which is currentlyworking on a new
franchise agreement with Cox Communications; he serves on the Virginia CARES
Board of Directors which works to bring inmates back into the community through
job placement; and he also serves on the Virginia Municipal League Transportation
Safety Committee, as well as Council's liaison to the Mayor's Committee for People
with Disabilities.
Ms. Wyatt advised that she serves as Council's liaison to the America's
Roanoke's Promise Board of Directors and the Roanoke Neighborhood Development
Corporation (RNDC). She commended the work of the City Manager and the
Director of Finance who were of assistance to RNDC through difficult times, and
advised that RNDC has met its fund raising goal of $75,000.00.
Mr. Bestpitch advised that he serves on the Roanoke Neighborhood
Partnership Steering Committee as Council's liaison. He commended the work of
the new Neighborhood Coordinator and the new Assistant City Manager for
Community Development and stated that the City can look forward to a strong and
healthy relationship with its neighborhoods. He noted that on September 21 - 22, the
City of Roanoke will host the State Neighborhood Conference at the Holiday Inn
Tanglewood, and invited Council Members to participate in the Conference. He
advised that he also serves on the Mill Mountain Zoo Board of Directors, the Zoo is
celebrating its 50th anniversary this year and the Board of Directors is working on
a long range master plan to upgrade and expand Zoo operations and to improve
certain areas of the Zoo, and there may be pertinent funding issues to be addressed
in the future as Council moves through the budget process. He explained that the
Mill Mountain Zoo lease is about to expire and with major investments and a major
capital fund drive, the Board of Directors of the Mill Mountain Zoo is interested in a
longer term lease arrangement with the City.
Council Member Harris advised that he serves as Council's liaison to the
Roanoke Redevelopment and Housing Authority Board of Commissioners. He stated
that Council has been briefed on the Lincoln 2000 Project and GOB North and South
projects. He called attention to monthly meetings with John Baker, Executive
Director, and Willis Anderson, Chairperson, Roanoke Redevelopment and Housing
Authority and advised that if Council Members have questions or concerns, he will
be pleased to bring these matters to the attention of Mr. Baker and Mr. Anderson.
493
Council Member White advised that he Chairs the Audit Committee and the
Legislative Committee and both committees presented Council with written annual
reports. He commended the City Attorney for his assistance with legislative matters
and the Municipal Auditor, for his assistance with audit matters. He advised that
Mr. Bird will retire on September 30, 2001, as Municipal Auditor and commended him
on his outstanding service to the City of Roanoke.
The Mayor advised that he serves as ex officio to all Council-Appointed
committees. He reported on the Mill Mountain Advisory Committee and advised that
since its inception in the 1960's, only two persons have served as Chair until
recently when Carl H. Koptizke resigned his position as Chair, but will continue to
serve as a member of the committee. He requested that a measure be prepared
commending Mr. Koptizke on his many years of service and his contributions as
Chair of the Mill Mountain Advisory Committee.
The Mayor advised that he will present his State of the City Address on
Tuesday, August 7, an invitation was extended to all Members of Council to share
their ideas for inclusion in the document, and encouraged Council Members to
submit their responses by the close the business day.
He stated that the Mayor's Technology Committee is meeting with
communications personnel and plans to present an in-depth report to Council in the
near future.
CITY MANAGER BRIEFINGS:
FIRE-EMS: The City Manager introduced a briefing on the Fire/EMS
Department Strategic Business Plan 2000-2007. She called attention to discussions
during fiscal year 2001-02 budget study, in which several members of Council
challenged City staff to review resource allocations and to explore the question of
whether there is an opportunity through a regional effort to better respond to certain
parts of the community; whereupon, she called upon Chief James Grigsby to
present the briefing.
Chief Grigsby advised that there are 14 fire stations in the City of Roanoke and
each fire station should cover approximately seven square miles which is used as
a guideline. He explained that major areas of the seven year plan include:
Fire Suppression:
A goal of reducing life and dollar loss to the community,
494
New station construction,
Standards of response coverage,
Employee safety, and
Mutual response and aid with surrounding jurisdictions.
Emergency Medical Services:
Grow advance life support personnel to 45,
Monitor service demands and make recommendations for changes in
resource needs, (unit system status approach), and
Evaluate EMS user fee structure and make recommendations in parallel
with Medicare fee structure enhancements.
Fire Prevention and Investigation:
Fire protection engineer,
Increase fire business inspections,
Mail Code compliance, and
Increase public education.
New fall program - RISK WATCH:
Pre-school thru fifth grade, and
Coordinate with Standards of Learning.
Fire-EMS Trainin.q:
Conduct training needs analysis,
Increase contact hours,
Regional training,
Implementation of a training bureau concept, and
Identify additional training resources.
Apparatus and Equipment Maintenance:
Explore regional maintenance concept,
Contract out specialized needs, and
E. G. Aerial Ladder Maintenance.
495
Technoloqy:
New Fire-EMS records management system - computerized incident
reporting,
GIS-GEO,
Mobile data terminals - voiceless communications, and
Automatic vehicle Iocator system.
ISO (Insurance Service Organization) Class 3 City:
July 16 thru July 27 (conduct evaluation),
Ongoing review of service levels, and
Help identify areas needing improvement.
Fire
Water system
9-1 -1.
He stated that the Fire/EMS Department is preparing for national accreditation
which is fairly new for fire service, currently there are less than 50 departments in
the United States that are nationally accredited and the City of Roanoke Fire/EMS
would like to be accredited by the end of fiscal year 2001-02.
He advised that there are currently 14 fire stations, 275 personnel, 13 engines,
four ladders, and six medic units, a required daily staffing at 64 individuals on duty
in the operational divisions, responding to 90 per cent of the City's population in
under four minutes, and ems calls to 92 per cent of life threatening calls in under
eight minutes. He reviewed the following performance measures:
Fire:
Four minutes 90 per cent of the time to all structure fires,
Eight minutes 90 per cent of the time to all other types of fire incidents,
and 13 personnel on initial response to all structure fires.
EMS:
Eight minutes 90 per cent of the time to all life threatening medical
emergencies, and twelve minutes 90 per cent of the time to all non-life
threatening medical emergencies.
496
He reviewed the sequence of events that may occur from ignition to
suppression of a fire; .i.e.: detection of the fire and report of the fire which are
indirectly manageable; receive process call 9 - 1 - 1 (one minute), turn out (one
minute) and travel from station to scene (four minutes) which are directly
manageable; and scene controlled. He noted that the following are examples of
calls for service:
Fire:
House and building fires,
Fire alarm activations,
Car fires,
Brush and trash fires,
Chemical hazards,
Technical rescues, and
Aircraft incidents.
EMS:
Heart attacks/strokes,
Assaults/shootings,
Car accidents,
Falls/construction and industrial accidents,
Diabetes/allergic reactions,
OB deliveries, and
Other medical emergencies.
He explained that 80 per cent of calls are medical related and 18 per cent are
fire related, there are 17 front line apparatus to handle the 18 per cent of calls and
six front line ambulances to handle 79 per cent of calls; there are approximately
110 - 115 working fires per year, and for the period of January 2000 - June 2001,
there were 155 working fires in the City of Roanoke. He stated that the definition of
a working fire is the first responding fire apparatus arriving on the scene does a size
up which determines if it is a working or non-working fire, i.e.: is smoke coming out
of the windows. He further stated that in a typical working fire, 12 - 15 People are
needed to handle tasks and the average is 18.6 people on each working fire; and
there are approximately 15,000 engine calls with about 10,000 of the calls
representing non-patient transports.
Chief Grigsby reviewed factors that determined the need for station
construction/relocation:
497
Location:
Performance Measures (four minute window),
Population (Density, age),
Major transportation infrastructure improvements,
Calls per fire zone district (high life hazard vs. Iow life hazard),
Facility type, condition and age,
Bay size to accommodate modern apparatus,
Gender issues, and
Useful life as a fire station.
He reviewed a chart on fire station status containing information on the year
of construction, current condition, size, location, life expectancy, action needed and
estimated cost/repair based on a building condition assessment prepared by Balzer
and Associates dated October, 1999.
He reviewed a three phase building plan, i.e.: Phase I involves consolidation
of Stations 1 and 3, with architectural, engineering and land acquisition to occur the
first year and construction during the second year. He explained that Station 1 is
located on Church Avenue, S. W., and Station 3 is located on Sixth Street, S.W. He
stated that benefits provide that a single station, properly located, can serve this
area within the required four minute response time 90 per cent, size and ability to
accommodate modern equipment, a facility for fire-ems administration, and gender
accommodation. He explained that the area recommended for Station No. 1
relocation is in the vicinity of Elm Avenue, S. W. (Williamson Road corridor).
Chief Grigsby advised that Phase II would consolidate Station Nos. 5 and 9;
Station 5 is currently located at 12th Street and Loudon Avenue and Station 9 is
located at Melrose Avenue and 24th Street; the second year of the plan would involve
architectural, engineering and land acquisition and the third year would include
construction.
He stated that benefits include: one station properly located can service this
area within the required four minute response time 90 per cent; aerial ladder
apparatus can be relocated; there would be an ability to accommodate modern
equipment; employee safety; gender accommodation and provide additional service
to the community through police satellite offices and multi-use facilities.
He explained that Phase III construction recommends that a station be built
on upper north Williamson Road which would be Station No. 10, and is an airport
station which is in good condition, with good sides, with a five to 20 year life
expectancy, and reasons for the recommendation are twofold, i.e.: the airport is
498
desirous of building a new station as envisioned in its master plan to meet Federal
Aviation Administration requirements, and to locate a station on north Williamson
Road which is an underserved part of the City. He stated that benefits include
increased response coverage of under four minutes to an additional three per cent
of the population, to meet FAA requirements, and to provide increased service to
upper Williamson Road and the northeast area.
Chief Grigsby advised that working in conjunction with his counterparts in
Roanoke County and the City of Salem, three recommendations are submitted for
Council's consideration:
Recommendation No. 1:
Staffing:
Six positions to No. 4 station, 3763 Peters Creek Road, and place an
additional ambulance unit in service,
Dedicate more resources to 80 per cent service calls,
Provide underserved area with faster ambulance response times,
Provide back-up to one of the busiest ambulances in the system,
Reduce fire engine "first responder" calls, keeping them more available
for fire emergences,
Area can be served by Fire Station No. 4 and No. 13 to provide four
minute/90 per cent fire response, and
Low demand for service area (run demand by engine company).
Regional Cooperation:
Automatic aid with the City of Salem to provide a fire engine from their
Fire Station No. 2 (419 and Salem Turnpike)to City fire zones No. 5 and
No. 8 (area immediately north and south of Salem Turnpike from City
line to Peters Creek Road). The City will provide a fire engine to
Salem -west to 419, north Route 11 and South Veterans Medical Center.
Recommendation No. 2:
Staffing:
Six positions to Roanoke County Clearbrook Fire Station (220 South)
to help cross staff one engine and one ambulance,
Provide 220 South/Southern Hills area with faster response times for
both fire and ambulance,
Provide four minute/90 per cent fire response to underserved area
which is growing commercially, and
Reduces City's longest response time.
499
Regional cooperation:
Roanoke County will assign 12 full time employees; Roanoke City will
assign six full time employees; combined resources of 18 full time
employees, staffing needed for one engine and one ambulance,
seven day/24 hour coverage,
Paid to paid staff,
County apparatus, and
Cost sharing details to be worked out by respective administrations.
There was discussion with regard to an annexation decree in which certain
commitments were made when the Salem Turnpike area was annexed to the City;
whereupon, it was the consensus of Council that the City Attorney would research
the annexation decree and provide Council with an opinion as to whether the City
has honored the terms of the annexation agreement.
Recommendation No. 3:
When construction Phase II (northwest section) is completed in
approximately three years, 12 positions will become available for
reallocation. Fire administration recommends taking no action on
these positions until future service levels are analyzed, then bringing
a detailed recommendation for Council's consideration.
He presented a status table of fire stations in their current condition and
station status after business plan implementation in 2007; and presented the
following cost breakdown:
Phase I
Phase II
Phase III
$4,700,000.00
2,575,000.00
1,555,000.00
Total - $8,830,000.00
He advised that re-use of existing stations could be as follows:
Fire Station No. 1 - Partner with Julian-Stanley Wise Foundation to
develop into a fire/rescue museum.
Fire Station Nos. 3, 5, and 9 Several community groups have
expressed an interest in attaining buildings for neighborhood use.
A summary of questions and/or comments by Council Members is as follows:
The difference between a Class 3 and a Class 2 City as
rated by the Insurance Service Organization, and the City's
goal to improve its rating to Class 2;
5OO
Response times/Station location;
Staff retirements in the next six months;
A request for information covering the last six months
response time on each call for assistance, broken down
by fire station.
The question of whether a majority of the area proposed
for consolidation of Fire Station No. 1 is located in historic
old southwest.
If $51,420.00, which is the estimated repair cost for Fire
Station No. 5, is approved, what would be the life
expectancy of the fire station?
The dollar amount of $62,000.00 for an elevator for Fire
Station No. 5 seems high.
Additional costs incurred for community rooms that are
constructed as a part of a public facility.
Has the City of Salem approved Recommendation No. 17
What steps need to be taken to formalize the agreement?
Has the proposal been presented to residents of the
Ridgewood Park area? The City Manager responded that
the next step will be for the jurisdictions to create a formal
document that would then be adopted by the two
localities, followed by presentations to various civic
groups.
Roanoke City and Roanoke County should not start down
this path unless the two localities are serious about
regional cooperation, thereby making this the first step in
a gradual incremental process whereby Roanoke City Fire
and EMS and Roanoke County Fire and Rescue Services
are combined into one Roanoke Valley department.
While discussing regionalism for Fire/EMS services, the
localities should begin to discuss police services.
501
City staff should immediately brief Ridgewood Park
residents on the proposed recommendations and provide
Council with a summary of response(s).
There being no further questions or comments, without objection by Council,
the Mayor advised that the briefing would be received and filed.
COMMUNITY PLANNING-COMPREHENSIVE PLAN: The City Manager advised
that City staff, citizens and Council have spent considerable time engaged in the
process of updating the City's Comprehensive Plan, Vision 2001. She stated that as
the process comes to a close, City staff would like to brief Council on the status of
the plan before the joint public hearing before Council and the City Planning
Commission on August 20 to be followed by subsequent adoption of the plan by
both bodies. She requested the opportunity to highlight those issues within the plan
that are the most significant or controversial, or those issues that might require the
greatest change in the community for the future. She stated that following adoption
of the Comprehensive Plan, the Zoning Ordinance will be revised which will involve
major implementation of many of the changes that are reflected in the
Comprehensive Plan.
Evelyn S. Lander, Director, Community Planning, reviewed key components
of the new Comprehensive Plan that have been developed over the past year with
substantial public involvement. She called attention to a joint public hearing by City
Council and the City Planning Commission which is scheduled for Monday,
August 20, 2001, which means that final revisions will have to occur within the next
two weeks in order to present the document for public review before the August 20
public hearing. She presented the following information on plan themes which are
critical to the success of the new Comprehensive Plan:
Regionalism is the key to addressing many of the goals and
recommended policies of the plan. Council's continued leadership will
be needed to move regional items forward and collaborate with other
governmental officials.
Partnerships are essential to the plan because government cannot do
it alone. Citizens, businesses, and civic organizations must take an
active role in helping to achieve the recommendations of the plan.
Economic development initiatives are fundamental to both the economy
and quality of life of the City and the region. Diverse economic
development is the basis for housing opportunities and a sustainable
population.
502
Protecting and enhancing Roanoke's environment is critical to
maintaining its quality of life and encouraging economic development.
Housing opportunities must be enhanced in the City to provide better
housing choices for a diversity of residents and incomes.
The design of buildings, streets, and developments must be of high
quality that enhance the community.
City government needs to provide leadership in encouraging
development that creates a beautiful and attractive City.
Ms. Lander advised that key recommendations from the Housing
Neighborhoods section of the plan include:
One of the key recommended strategies for moving the City forward is
to look at the City neighborhoods as villages that are served by small
commercial centers. Raleigh Court and South Roanoke neighborhoods
have vibrant community centers. Henry Street once provided such a
center to the Gainsboro neighborhood. The plan identifies several
neighborhood centers and recommends appropriate commercial and
mixed housing opportunities around these centers. It is important to
point out that the creation of these centers may result in the
redevelopment of some existing neighborhood areas--some demolition
of existing residential buildings may have to be done to provide for new
mixed use development.
A strong emphasis is placed on creating new housing opportunities in
the City-both in the choice of housing types and in the price ranges.
It is important that citizens have choices in housing for all
neighborhoods and that neighborhoods provide a range of homes, from
affordable to high end.
Neighborhood plans will continue to be done for all City
neighborhoods. Approximately one-third of the City has been studied
and plans developed-some of which will be coming before Council in
the near future. These plans will complement the Comprehensive Plan
and make more detailed recommendations regarding specific strategies
and zoning patterns.
Environmental resources include greenways, mountain viewsheds,
trees, historic resources and air and water quality. Specifically, the City
and the region's environmental resources are very important to the
and
503
City's quality of life and its future. In particular, greenways, viewsheds,
and trees were identified as critical to Roanoke's future. The
preservation and enhancement of historic properties is critical to
understanding Roanoke's sense of place and its past history. Already,
the City has seen controversy in some of its past policies regarding
historic neighborhoods. However, it is important to note that the City
Market and Roanoke's historic neighborhoods have been successful
economic investment tools. Air and water quality is increasingly more
important to Roanoke's future sustainability. New protection
regulations will not be easy to deal with, but are very much needed to
have quality air and water now and in the future.
The economic development plan element includes an expanded
economic base, redevelopment of underutilized sites, town village
centers and regional efforts. More specifically, economic development
is fundamental to achieving the goals set forth in the Comprehensive
Plan. The plan recommends an expanded economic base that targets
various industry cluster. It is important that the City continue to
diversify its economic base and consider new areas for redevelopment.
Downtown continues to be key to the City's economic well-being and
downtown housing is recommended for expansion, as well as better
utilization of second and third floor spaces. Village centers are keys to
Roanoke's residential neighborhoods. These recommended
commercial and mixed use areas will provide unique environments and
services to residents, thereby competing well with surrounding suburb
development that relies on the automobile. Regional economic
development and approaches continue to be recommended.
Infrastructure include regional transportation planning, multi-modal
systems (pedestrians, bicycles, transit), airport, and technology
infrastructure. More specifically, transportation systems do not stop
at jurisdictional lines. Regional planning for transportation systems is
important to ensuring quality development that enhances existing built
communities. The development of multi modal transportation systems
for cars, pedestrians, bicycles and transit is strongly recommended in
the plan. The City should not be dependent on cars for transportation.
It should encourage sidewalks, greenways, and bicycle facilities as well
as considering transit alternatives in the future. The regional airport is
important to economic development and to the residents of the region.
Special attention is needed to ensure quality facilities and operations
that adequately serve its users. If Roanoke is to attract new technology
and businesses that use the technology, infrastructure must be
provided to service those users. Continued leadership is needed to
5O4
work with private businesses to provide services and promote them as
available.
Public services include community policing, recycling, code
administration and multi-service facilities. More specifically,
community policing as a philosophy for providing public safety
continues to be emphasized in making Roanoke safe. Recycling also
was identified as very important to a sustainable community.
Roanoke's programs will need Council's continued leadership to
emphasize recycling as important. Code administration for building,
zoning, development, and nuisance regulations should continue to be
improved to meet the needs of Roanoke's citizens and businesses.
Careful balancing of interests is important to the success of any new
regulations that may be proposed.
Two multi-service facilities (or centers) are recommended as pilot
projects to better serve citizens where the needs are the greatest.
These are not meant to duplicate services provided by City Hall, but to
provide better access to citizens where it is needed and to have City
staff work collaboratively in the community to address issues and
needs. It is important to note that there are not community centers and
will not be in every neighborhood. They could, however, be located in
existing public buildings in a neighborhood.
The people plan element includes quality education, excellent facilities
and programs, lifelong learning, workforce development and regional
approaches for human services. More specifically, it is essential that
Roanoke's school system continue to provide quality education to its
youth. It is important that the school facilities and programs be
outstanding and open to all citizens beyond school hours. Life long
learning is essential to Roanoke's future for both young and old. The
City's libraries and schools should provide quality programs to
enhance continued education. Workforce development, which is
education and training, is critical to both economic development
initiatives and that of people. Regional approaches to providing human
services should be encouraged and pursued.
The City design plan element includes design principles and
collaborative work efforts. More specifically, the design of new
buildings and facilities is critical to creating a beautiful City. The plan
provides recommendations for various areas of the City including
commercial corridors, streets and neighborhoods. These principles are
not mandatory but should be encouraged. It is anticipated that the
principles would be promoted through collaborative work efforts
between City staff and private developers.
505
Ms. Lander identified the following key initiatives: target industry clusters,
technology infrastructure, redevelop commercial and industrial land, village centers,
multi-service facilities, new housing opportunities, critical amenities, marketing and
tourism, streetscapes and healthy economy. More specifically, she advised thatthe
ten initiatives were discussed during the planning process to help make the plan a
reality; and these initiatives can be referred to as the "top ten" action items to be
pursued by both government and private entities.
Ms. Lander advised that implementation tools include the City's zoning
ordinance, integrated budgets, regional cooperation and public-private partnerships.
More specifically, she stated that to assist in implementing the plan, additional
strategies must be undertaken, as follows:
A new zoning ordinance should be developed over the next year.
City operating budgets and capital improvement program budget
should reflect the Comprehensive Plan and adopted Neighborhood
plans.
Regional cooperation is necessary to effectively achieve many of the
goals for the future.
Public private partnerships are essential to implementation of the plan.
Government cannot do it alone.
In order to measure progress, Ms. Lander advised that it is recommended that
the City administration provide Council and the citizens with an annual report card
on actions taken or pending. In addition, she stated that it is recommended that
community indicators be developed to assist in monitoring the sustainable
community; discussions with Virginia Tech have already begun and the Vital Signs
report from the New Century Council would also be of help. She added that
continued citizen involvement is important to ensuring that Roanoke is doing what
it needs to do; and ongoing planning for the City and its neighborhoods must
continue.
Ms. Lander presented copy of public comments to date on the Comprehensive
Plan.
Questions and comments by Council Members are summarized as follows:
Neighborhood schools should be celebrated. Is the City looking at the
possibility of returning neighborhood schools to quadrants of the City?
Neighborhood schools are the concept of the future in terms of
neighborhood design.
506
Concern was expressed with regard to the condition of the main library
in which the City Manager advised that the main library is addressed
in the Downtown Roanoke Outlook Plan, with alternatives for Council's
consideration. She stated that one recommendation has to do with
re-siting a new library in Elmwood Park, but at a different location in
order to maximize the park; and the other alternative is a total
relocation of the library in order to provide for what is identified in the
Outlook Roanoke Plan as a world class downtown park facility that
would leave the entire park free of the building and would site the main
library facility further into the downtown area. She further advised that
at a future Council meeting, representatives of Downtown Roanoke,
Inc., and the Outlook Roanoke Plan will be requested to make a
presentation on all elements of the plan. In view of what is already on
the plate and given the cost of a new library at either location, she
stated that several years should be devoted to developing a
constituency that will be prepared to build a first class library facility.
She explained that the library issue is at least five years into the future
in terms of becoming a reality in view of other City capital needs and
other City projects. Question was raised as to how one builds a
constituency for a library that is in the condition of Roanoke's.
The zoning ordinance should be revised using a process of going
street by street and block by block and if the process is done correctly,
requests for zoning variances will be a rare exception.
What options are available for underground utility lines and any
changes should be incorporated in revisions to the zoning ordinance.
Some time between now and the August 20 public hearing, there
should be a prioritizing of those portions of the Comprehensive Plan
that are realistic and can be accomplished on a fast track. Quarterly
status reports should be provided.
Should Iow income subsidized housing be spread out, not only
throughout the City but throughout the neighborhoods?
Should there be a clustering of social service agencies throughout the
City or in one area?
The plan is designed to help each neighborhood become more viable
economically, town centers are a critical component, and all
neighborhoods need to understand why town centers would be
beneficial in the future.
507
There will be sensitive issues and the City must be prepared to face
those issues.
What are the City's plans to make village centers successful;
whereupon, the City Manager advised that the first step is to identify
those areas where village centers are desired and create an expectation
with future developers that that is the route the City wishes to follow
and the City will not settle for less. She stated that the City serves as
the link between the developer and the neighborhood because none of
the centers will succeed unless the neighborhood uses the services,
therefore, developers will have to go into the neighborhoods and
determine what types of support services or activities the immediate
community, as well as the transient community, is willing to support;
the City can then offer incentives through tax rebates, credits and
certain kinds of rehabilitation; however, that which takes place on
private property is the responsibility of the developer.
There being no further discussion or questions, without objection by Council,
the Mayor advised that the briefing would be received and filed.
LEASES-HUMAN SERVICES: The City Manager introduced a briefing with
regard to leasing a building for combined health, social services, and human
services functions.
Vickie Price, Chief Social Work Supervisor, Department of Human Resources,
advised that in the 1997 Long-Range Facilities Master Plan, Police Department and
Health and Human Services space needs were identified as the top two priorities;
needs of the Police Department are being addressed through a two-phase Capital
Improvement Plan construction project; and the consultant determined the need for
a one-stop Health and Human Services Building at approximately 90,000 square feet
and an estimated cost of $24 million.
She stated that in October, 2000, a request for proposals was issued to
determine developer interest in providing the proposed space; and at Council's
March 10, 2001, Financial Planning Session, the City administration shared its intent
to meet this space need through leasing and also discussed the fiscal year 2003
operation budget impact of the Health and Human Services Building.
She stated that Social Services, Health Department, Juvenile Justice, Human
Services Coordinator and Office on Youth currently have 66,098 square feet of
combined space, however, proposed space needs total 83,256 square feet. She
advised that the advantage of leasing versus purchasing reduces up front capital
costs for the City; the building will remain on the tax rolls should State funds be
eliminated; the City is not liable for the building and associated costs; and most
Federal and some State directives prefer the lease of real property.
508
Ms. Price advised that the advantages of the proposed location is the co-
location of Health and Human Services functions which should result in improved
public services; the site is accessible to Health and Human Services client
populations; parking is available for clients and patients as well as staff; the location
is supported by public transportation, with support installation of integrated data
and communication systems, and sufficient staff/client training space and adequate
office space. She reviewed a slide illustrating current limitations of individual office
space and a slide showing proposed individual office space.
Ms. Price noted that a request for proposals was issued in October, 2000 for
a facility to house Health and Human Services in one location (90,000 square feet);
responses were received from representatives of the Cotton Mill Building at 6t~
Street, S. W., for $1,728,191.00, the Heironimus Building on Jefferson Street for
$1,306,450.00 and the Sears Building on Williamson Road for $1,305,957.00; and
proposals were reviewed by representatives of Health and Human Services, the City
Attorney's Office, and departments of Engineering, Finance, General Services and
Management and Budget.
She explained that the proposal review committee selected the Sears building
on February 7, 2001, as its top choice because the location is on bus lines and
accessible to a majority of clients and patients; costs (proposed cost per square foot
is within the original estimates) of $13.27 per square foot for 83,236 square feet for
a newly renovated building (build out cost of $2.5 million), rent of $1,104,541.72 per
year for 20 years, $801,807.00 annual reimbursement from the State, annual local
share of $302,734.72153.64 per square foot; and parking in a lot that provides
adequate parking for 397 spaces for clients, patients and staff. She advised that the
City's responsibilities include design review and approval, direct installation of
State-required computerwiring, cost of utilities, i.e. electric, water, sewer and review
of renovation/construction cost documents; and the lease contractually obligates
the landlord to invest $2,497,080.00 in interior and exterior renovations, janitorial
services and supplies, building maintenance, building repair and parking lot
maintenance.
Ms. Price advised that the lease will be presented to Council for formal action
on August 6, 2001, followed by submission to the State for review, complete
detailed design drawings, with construction to be completed by August, 2002, and
projected occupancy of the facilities during the first quarter of fiscal year 2003.
With regard to potential re-uses of the current space in Municipal North, the
City Manager called attention to certain offices that are currently located offsite from
the Municipal Building complex and the first priority would be to bring those
operations back to City Hall. Also, she called attention to the advantage of having
the Roanoke Redevelopment and Housing Authority offices in the downtown area
because of the close working relationship that will be required with the Housing
Authority in the years ahead.
509
Question was raised as to whether Downtown Roanoke, Inc., has concerns
with regard to the number of persons that will be leaving the downtown area as it
relates to loss of business for downtown businesses; whereupon, the City Manager
advised that Downtown Roanoke, Inc., is aware of the proposal and the President
of Downtown Roanoke, Inc., advises that Downtown Roanoke supports the concept
of the Sears location which is not seen as having a negative impact.
There was discussion with regard to the 397 parking spaces that will also be
available for civic center overflow parking in the evening.
It was explained that Social Service activities will be located on the second
floor and a newly built third floor, the first floor will be vacant for other business
purposes, the Health Department will be housed on the second floor and the third
floor will also include administrative offices for each of the five agencies and office
space for the remainder of staff.
Question was raised as to the proposed use of the current police building;
whereupon, the City Manager advised that the plan previously reviewed by Council
calls for demolishing the existing police building and using the space for parking for
the entire complex.
Question was also raised as to the need for 86,000 square feet of available
space, whereupon, Ms. Price advised that the department is required by State and
Federal mandates to provide additional training for clients and staff and current
space does not provide a sufficient area for training needs and visitation rooms.
She stated that certain common areas will be shared such as conference rooms,
kitchen space, etc.
The Mayor spoke to the advantages of considering the stadium/amphitheater
issue in conjunction with the lease of the Sears building, because negotiations on
both issues are closely related. He stated that in order for the stadium/amphitheater
project to succeed, roadway adjustments will be needed and there is an opportunity
to begin revitalization in the Wayne Street area.
The City Manager suggested that Council allow City staff to hire an
architectural/engineering firm to prepare design work on the stadium/amphitheater
project and to make recommendations on road improvements which could take six
months or longer and would, in effect, delay the human services building project by
another six months. She advised that there is the potential of convening a meeting
of property owners along the Williamson Road area to discuss needed
improvements which will help those businesses take advantage of additional traffic
along Williamson Road when the stadium/amphitheater becomes a reality.
There were additional questions and comments with regard to the following:
510 -
What is the net cost of the lease compared with what it would cost if
the principal only is reimbursed. Will improvements be added to the
value of the property when calculating real estate taxes? Will a long
term lease have any impact on the City's bonding capacity?
A shuttle bus could be provided for employees/clients of the building
to the Williamson Road area and to downtown Roanoke from 12:00
noon until approximately 2:00 p.m.
A compatible tenant should be housed on the first floor.
Police vehicles should be parked at the rear of the building.
There being no further questions or comments, the Mayor advised that without
objection by Council, the briefing would be received and filed.
There being no further business, the Mayor declared the meeting adjourned
at 5:05 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
511
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 6, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 6, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith ................................................................................................. -6.
ABSENT: Council Member C. Nelson Harris ............................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. H~ckworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in Closed Session to consult with legal counsel on a specific legal
matter requiring the provision of legal advice by such counsel, pursuant to Section
2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in Closed Session to consult with legal counsel on a specific legal matter
requiring the provision of legal advice by such counsel, pursuant to Section 2.1-344
(A)(7), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith .............................................................................................. 6.
NAYS: None ............................................................................................ -0.
(Council Member Harris was absent.)
512 -
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in Closed Session to discuss disposition
of real property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Manager to
convene in Closed Session to discuss disposition of real property, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith ............................................................................................. -6.
NAYS: None ...............................................................................-0.
(Council Member Harris was absent.)
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in Closed Session to consult with legal counsel on a matter of
pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in Closed Session to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Harris was absent.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City
Manager requesting that Council convene in Closed Session 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 public body,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
513
Mr. Carder moved that Council concur in the request of the City Manager to
convene in Closed Session 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 public body, pursuant to Section 2.1-344 (A)(7), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith ............................................................................................. 6.
NAYS: None .......................................................................................... 0.
(Council Member Harris was absent.)
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
various authorities, boards, commissions and committees appointed bythe Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the Mayor to convene
in Closed Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith ........................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened at
12:25 p.m., in the Emergency Operations Center Conference Room, Room 159, for
a briefing with regard to amending the City's Fee Compendium to provide for revised
fees for use of City park facilities and services.
At 12:25 p.m., the Council reconvened in a work session in the Emergency
Operations Center Conference Room at which time the City Manager introduced a
briefing on revised fees for use of the City's park facilities; whereupon, Wanda Reed,
Acting Director, Parks and Recreation, presented proposed changes relating to
various services and facilities that the City makes available to its residents on a
daily basis.
514
Ms. Reed advised that during the process of developing the Parks and
Recreation Master Plan, the citizens committee recommended that the Parks
Department develop a creative pricing strategy to provide flexibility to keep up with
market rates and to enhance overall revenues; it had been hoped to bring a complete
proposal to Council at the same time; however, Council's consideration is requested
to increase fees for rentals when a user requests exclusive, or private, use of a
facility; fees need to be adopted immediately; and in the fall, it is planned to ask
Council to adopt a pricing strategywhich will allow flexibility to set prices according
to market condition.
She stated that staff met with representatives of the Roanoke Neighborhood
Partnership Steering Committee to discuss recommended changes and to receive
input, and it is important to note that Neighborhood Partnership organizations will
not be charged to hold their regular monthly meetings in Parks and Recreation
facilities.
She explained that the recommendation before Council at this time includes
increasing rental fees for facilities and services already listed in the Fee
Compendium; establishing formal rates for facilities not previously included in the
Fee Compendium; establishing fees for two new facilities; Parks and Recreation
provides an abundance of free programs and services to all residents, examples of
which are the use of parks, playgrounds, shelters and athletic fields on a first come,
first serve basis unless reserved; many free recreation programs to the public and
other programs are offered at a nominal cost; in addition, a scholarship program is
offered for families who cannot afford to pay for their children to attend special
programs and the Parks Department supported 33 programs for children last year,
working in conjunction with the Department of Social Services.
Ms. Reed advised that a rental fee is charged only when someone requests
exclusive use of a facility, which fees are charged to offset the cost of providing
extra services for rentals, examples of which are weddings and receptions held at
Mountain View, picnic shelter reservations and mobile stage rentals; in some
instances, extra work is accomplished during normal work hours which takes away
from other work, however, for most events, Parks and Recreation must pay overtime
to employees. She advised that when a citizen pays a user fee for a facility, they
expect and should receive a quality experience and current fees do not produce
sufficient revenues to allow staff to appropriately maintain facilities in the manner
that the facilities should be maintained.
She presented a list of existing facilities that will be affected by increased
rental fees and noted that the fees are imposed only for exclusive use by
reservation.
(See list of present and proposed fees on file in the City Clerk's Office.)
515
Ms. Reed stated that it is also requested that Council formally establish fees
for use of the mobile stage, open space usage and for provision of trash receptacles.
She explained that the previous City Manager authorized the Parks and Recreation
Manager to handle these services administratively, however, today, it is requested
to bring these items into compliance by having them formally included in the Fee
Compendium. She stated that current practice has been to charge $600.00 for the
mobile stage, however, the recommendation before Council provides flexibility for
charging depending on the type of event and whether the user profits from use of
the mobile stage; for open space rentals, the current charge has been $50.00 per
day, but because these types of events remove a portion of the park for general
public use, it is recommended that $150.00 per day be charged, with a damage
deposit of $150.00, which will cover the cost of a special mowing and cleaning of the
park and restrooms and also help the department to repair damage to the grass
caused by the event. She stated that $2.50 is currently charged for trash containers
which is the City's cost to purchase the containers, but because the City does not
wish to be in competition with the private sector, it is recommended that a charge
of $4.00 per container be charged.
She advised that the City has built two new facilities this year: The Discovery
Center and the new picnic shelter on Mill Mountain and both of these facilities will
be extremely popular for private use; it is recommended that $175.00 be charged for
The Discovery Center for the first two hours, plus $50.00 for each additional hour,
with a $100.00 damage deposit, or $200.00 damage deposit if alcohol is permitted;
fees for other shelters throughout the City are already included in the Fee
Compendium; current rental fee for shelters is $25.00 for a half day and $35.00 for
a full day, therefore, only a $5.00 increase is requested; and for the Mill Mountain
Park picnic shelter, because of its premier location, it is requested that Council
establish a fee of $45.00 for a half day and $60.00 for a full day.
She explained that the demand for programs and services continues to grow;
it is believed that the General Fund should support services available to the entire
community and should not be used to support private functions; in addition, the cost
of business has increased, along with personal services, custodial contracts and
utility costs; rental fees have not increased in the past ten years; the request before
Council is not an attempt to recover this deficit all at once, but a small increase is
proposed to help cover some of the department's operational costs because
Roanoke's Parks and Recreation Department needs to keep up with the market and
stay within the going rate of other jurisdictions with similar facilities and services.
It was noted that Parks and Recreation's annual budget is just under $6
million which includes both recreation and parks maintenance; seven per cent of the
total operating budget is generated through recovered costs; and in comparison to
other localities, Roanoke's total recovered costs are Iow, because across the
country, other localities are collecting between 10 and 60 per cent, depending on
pricing policy and demographics.
516
Ms. Reed advised that currently, the City collected $47,000.00 in rental fees;
and by allowing the Parks and Recreation Department to increase these fees as
recommended should increase rental revenues by 28 per cent, or $18,000.00, thereby
enhancing total rental fees to $65,000.00.
Victor C. Garber, Recreation Superintendent, advised that the criteria used to
review which facilities and services should be increased to establish the value of the
private rental experience included:
Size, location and condition or appearance of the facility,
Demand for the service or facility: i.e.: tennis courts are rarely rented -
no change,
The going rate or price of similar facilities/services in other
jurisdictions such as Montgomery County, Blacksburg, Bedford City,
and Roanoke County, longevity rate of equipment, and
Inflation and cost of providing the service.
He reviewed increases proposed for the following facilities:
Mountain View is the most heavily used rental facility, providing 88
rentals per year. A majority of the rentals are wedding receptions
which demand considerable staff time to work out the arrangements
with the wedding party. It is also the most expensive facility to operate,
with utility costs last year totaling $23,400.00. A 30 per cent increase
is proposed, or an increase from $115.00 to $150.00 for a two hour
rental. The fee is requested due to the demand on this special historic
home and the added maintenance cost. A refundable damage deposit,
as well as a cancellation fee, will also be charged.
Rose Garden located just below Mountain View. There are occasional
special requests to rent the Rose Garden during wedding receptions at
Mountain View Center. It is proposed that a $75.00 per day fee be
imposed for City residents which will pay for special weeding, clippings
of dead flowers and mowing. A $100.00 refundable damage deposit will
be charged along with a cancellation fee.
Athletic field dragging and marking - this fee was added to
take care of special lining requests. Presently, no policy.
exists to line a football field, flag football, soccer field and
complete lining for softball and baseball. The present
$25.00 fee does not pay for the labor and supply cost of
marking these fields.
517
Mill Mountain Shelter - This fee will be somewhat higher than other
facilities because of its premier location - $45.00 for a half day and
$60.00 for a full day.
Elmwood Park Amphitheater - The specially designed canopy for the
amphitheater cost approximately $5,000.00. The canopy is presently
stored, erected and taken down by a private company. The private
company charges users to put up and take down the canopy; however,
the problem has been that all renters request the canopy to remain up,
therefore, the first renter pays the private company for set up and the
remaining renters pay no additional costs.
The fee will cover the cost of wear and tear on the canopy and provide
a fair price for all users.
Mobile Stage - the mobile stage was purchased in 1998 and cost the
Parks and Recreation Department $600.00 to deliver, set up, supervise,
breakdown and return for an eight hour period. It is requested to add
this rate to the Fee Compendium, along with an additional price for
organizations that make a profit from using City facilities: non-profit
organization (charging a fee) $900.00 and private individual or
corporate rental charging a fee - $900.00 + 15 per cent gross collected.
A summary of questions and comments by Council Members is as follows:
There have been audit and accountability issues relative to some of the
rental programs. What accounting controls will be used to ensure that
all funds are reported.
There should be some flexibility in charging for commercial purposes,
but the fee should not drop below the minimum.
Fees should not be compared to the Jefferson Center which is
exorbitantly priced to the extent that some persons cannot afford to use
the facility. Staffwas requested to obtain information on rental charges
at the Salem Civic Center and the Vinton War Memorial.
A City of Roanoke elementary school recently held an outing in
Longwood Park in Salem as opposed to using a City park. Was this
due to the City's fee structure?
There was discussion with regard to addressing City school activities
in the Fee Compendium, i.e.: the school system should be encouraged
to use City parks facilities for field trips and there should be special
exceptions for City schools.
518
As related to the Discovery Center, the City should not compete with
private business. There is a demand to have weddings and wedding
receptions at the Discovery Center which takes X number of dollars per
year away from the private sector. The City should be careful to ensure
that pricing for the Discovery Center is competitive with the private
sector.
Costs associated with maintaining the Rose Garden at Mountain View
and whether the City should be in the wedding chapel business.
The question of whether there are local groups/learning institutions
that could maintain horticultural areas.
The question of whether historic homes should be used for recreational
purposes.
How does increasing the City's fee structure for recreational facilities
coordinate with the City's capital needs?
Parks were established for the use and enjoyment of all citizens and if
fees are charged that are too costly, citizens will not use the City's
facilities.
Non-City residents should be required to pay a fee.
As the fee structure is reviewed, there should be consideration toward
keeping fees and costs for children at a bare minimum.
Charges for mobile stage rental for activities sponsored or co-
sponsored by the City's Special Events Committee.
It was the consensus of Council that questions, comments or concerns by the
Members of Council with regard to the proposed increases would be provided to the
City Manager within seven days.
The City Manager pointed out that Council is scheduled to hold a joint
meeting with the Roanoke City School Board on Monday, August 20, 2001, at 5:00
p.m., and a topic for discussion could be the fee schedule for City schools using
Parks and Recreation facilities, as well as City activities conducted on School
properties.
There being no further discussion, and without objection by Council, the
Mayor advised that the briefing would be received and filed.
519
At 2:00 p.m., on Monday, August 6, 2001, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, William D.
Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith ................................................................................................. -7.
ABSENT:None ....................................................................................... ~.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
William Joseph Greene, Pastor, Preston Oaks Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT: Mr. White offered the following resolution
paying tribute to the National D-Day Memorial Foundation:
(#35483-080601) A RESOLUTION paying tribute to the National D-Day
Memorial Foundation, and expressing to it the appreciation of this City and its
people for its outstanding endeavor to commemorate the importance and
significance of June 6, 1944, and to honor those who fought for our country on the
beaches of Normandy on that historic day.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35483-080601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
The Mayor presented a ceremonial copy of the resolution to
John R. (Bob) Slaughter, Chair, National D-Day Foundation.
520
SCHOOLS: The Mayor introduced Dr. Robert Sandel, President, Virginia
Western Community College.
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,
August 6, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the
request of Southside Development Company that a parcel of land containing 4.05
acres, more or less, situate at the southeast terminus of Bean Street, N. W.,
identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to LM,
Light Manufacturing District, subject to certain conditions proffered bythe petitioner,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times once on Friday, July 20, 2001, and once on Friday, July27, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to allow the construction of mini-warehouses on the vacant
property, was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following ordinance:
(#35484-080601) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35484-080601. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter.
521
Fredrick Williams, President, Williamson Road Action Forum, 3725 Sunrise
Avenue, N. W., advised of concerns regarding the proposed rezoning, which is poor
land use because a mini warehouse does not provide the best use of the property.
He stated that the City has assumed the cost of supplying the site with water and
sewer service and it would be preferable to establish a development on the site that
will purchase these facilities from the City. He further stated that the proposed use
will create few jobs in the City, and if the warehouse has as many as four employees,
that would equal one job per acre which would make the warehouse ineligible in a
site such as the Roanoke Centre for Industry and Technology. He added that the
report of the City Planning Commission lists three recommendations from the
Comprehensive Plan, however, public discussion of the proposed development did
not focus on conserving and enhancing neighborhood quality or promoting quality
development for good land use. Instead, he stated that the focus was on the fact
that Hershberger Road has chaotic traffic patterns, with conflicts between
commercial, retail and residential land uses, ad hoc rezonings have not been good
for the City of Roanoke and Roanoke would be better off planning appropriate land
uses; ad hoc rezonings deprive neighborhoods of the predictabilitythat is necessary
to encourage investment. He advised that if Roanoke wants to provide high quality
development in its neighborhoods, it should provide security for property value
through careful land use planning and design control. He explained that the
Edinburgh Drive elevation of the warehouse, with its metal fence which is at least
14 feet above street level and has four gazebos, resembles a minimum security
prison. He stated that prior to the City Planning Commission's public hearing, the
petitioner offered to improve the exterior of the facility to allay neighborhood
concerns regarding building appearance, therefore, on the side of the building
fronting on Edinburgh Drive, if the rezoning is approved, the petitioner should be
held accountable to his proffer. He advised that a specific landscape plan should
be proffered as a part of the rezoning, otherwise, there will be dead landscaping
material and many disillusioned citizens. He stated that most residents of the area
reluctantly accepted the development; however, it is unfortunate that citizens of the
City of Roanoke resign themselves to something bad because they are fearful that
they could get something worse, and that attitude should occasion serious soul
searching by the City.
Mr. Natt advised that the matter has gone through an extensive series of
neighborhood meetings; his client met on a number of occasions with the Executive
Committee of the Williamson Road Action Forum and with residents in the
immediate area; the Executive Committee of the Williamson Road Action Forum took
no position and after meeting with approximately 20 persons from the neighborhood,
the majority of residents did not oppose the project. He stated that residents of the
area have good reasons to accept the proposal, one of which deals with the issue
of accessibility, because the neighborhood was desirous of ensuring that there
would be no other access to the property other than by way of Williamson Road;
therefore, his client is willing to honor the request. He added that residents were
concerned about traffic, noise, and lights and explained that the proposed use is a
small traffic generator, lighting is reserved for the interior of the building, and there
is no metal fence around the outside of the structure. He stated that the City
Planning Commission recommended unanimously in favor of the proposal and
asked that Council lend its support to the request.
Upon question by a Member of Council, Mr. Natt advised that his client is
willing to proffer a landscaping plan.
Mr. Bestpitch inquired as to the total number of parcels of land in the City of
Roanoke of approximately four acres that are currently zoned Light Manufacturing
District that might be available for this type of development; whereupon, the City
Manager advised that she could not provide an accurate number at this time.
Mr. Bestpitch advised that there are properties currently zoned for this type of
development throughout the City, therefore, there is no information before Council
to suggest the need to rezone the property in question; or any other property in the
City, in order to make four acres of light manufacturing land available for this type
of development. He stated that he will continue to express his concern regarding
these types of issues because there are properties that need to be developed in the
City, yet, rather than encourage the properties to be developed, the City, in essence,
is denying these property owners the opportunity to have their property developed
because a petitioner can request that a different piece of property be rezoned for
their intended purpose. In summary, he advised that there is no need for the City of
Roanoke to rezone additional property to Light Manufacturing inasmuch as property
that is already zoned LM currently exists in the City of Roanoke.
Ordinance No. 35484-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Carder, Harris, Hudson
and Mayor Smith ........................................................................................... -6.
NAYS: Council Member Bestpitch ............................................................1.
The Mayor declared the public hearing closed.
CITY PROPERTY-LEASES-SCHOOLS: Pursuant to action of the Council, the
City Clerk having advertised a public hearing for Monday, August 6, 2001, at 2:00
p.m., or as soon thereafter as the matter may be heard, on the request of the City of
Roanoke to lease City-owned property consisting of a 7.2-acre portion of Official Tax
No. 1570101, located at 3379 Colonial Avenue, S. W., to the New Vista Montessori
School for an initial term of one year, with an option to extend the lease for up to
four additional one-year terms, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, July 29, 2001.
(See publisher's affidavit on file in the City Clerk's Office.)
523
A communication from the City Manager advising that the New Vista
Montessori School, a private not for profit 501 C(3) agency, has been established in
Roanoke to provide quality education to pre-school and kindergarten age children
using the Montessori philosophy; the previous Montessori School, the Specific
Reading and Learning Difficulties Association, recently canceled its lease effective
September 1, 2001, and the New Vista Montessori School has approached the City
about leasing the property located at 3379 Colonial Avenue; the current assessed
value of the property (7.2 acres, 8,000 sq. ft. building) is approximately $860,000.00;
and a 2001 Roanoke Office Market Report indicates the lease rates for office
buildings in the Colonial Avenue area currently range from $7.00 to $17.00 per
square foot.
The City Manager recommended that she be authorized to execute a lease
between the City of Roanoke and the New Vista Montessori School for a one year
term, in the amount of $6,000.00, with the right of the New Vista Montessori School
to renew, with concurrence of the City, for up to four additional one-year terms at an
annual rental rate to be agreed upon at the time of renewal.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following ordinance:
(#35485-080601) AN ORDINANCE authorizing the proper City officials to enter
into an Agreement of Lease between the City and New Vista Montessori School, for
use ora 7.2 acre portion of Official Tax No. 1570101, at 3379 Colonial Avenue, S. W.,
in the City, for operation of an educational facility for children, upon certain terms
and conditions; and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35485-080601. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council in connection with the matter.
Elizabeth Cranwell, 1911 Mountain View Road, Vinton, Virginia, representing
the Parents Association of the New Vista Montessori School, advised that her child
was a student at the former Montessori School on Colonial Avenue, and since its
abrupt closing, a group of parents and faculty formed a new Montessori School
which is proposed to open this fall. She requested that Council authorize a lease
agreement with the New Vista Montessori School for the Colonial Avenue property
that housed the former Montessori School. She stated that Council has shown its
commitment to providing early childhood educational options for children at all
development levels, and the New Vista Montessori School will help to fulfill a portion
of that commitment.
524
Jeffrey Krantz, Director, the New Vista Montessori School, advised that the
school will serve as a private, not for profit 501(C)(3) school to serve educational
needs of children in the greater Roanoke area. He stated that using the proven
success of Dr. Marie Montessori's methods that allows the child to progress at his
or her own pace or functioning level, with a hands on approach, allows a child to
develop a solid and positive first school experience. He advised that the Roanoke
Valley currently has three Montessori schools in operation and according to regional
statistics, the Roanoke area has recently experienced tremendous growth in
population, which is expected to continue and in order to meet the diverse
educational needs of newcomers and native Roanokers, educational programs must
be in place such as that which is offered by the New Vista Montessori School. He
stated that the long term advantages of the program allows the child to have a solid,
positive, first school experience with a strong foundation in academic skills as an
added benefit. He explained that the New Vista Montessori School will initially serve
ages three through six and plans are underway to add an elementary program over
the course of two years.
Mr. James Garris, 3108D Honeywood Lane, advised that he lives in close
proximity to the New Vista Montessori School, and spoke in support of the education
that children receive through solid educational teaching methods by teachers who
are dedicated to their profession and parents who are involved in the education of
their child. He stated that over the long term, the City is looking to commercial uses
and the smooth transition of apartments, the New Vista Montessori School and
property in the vicinity of Roanoke County. He requested that Council consider the
needs of Roanoke County residents along Colonial Avenue in conjunction with the
needs of City residents just behind this particular area.
Ordinance No. 35485-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................ -0.
The Mayor declared the public hearing closed.
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.
525
MINUTES: Minutes of the regular meeting of Council held on Monday, July 2,
2001, and the Third Leadership Summit held on Thursday, July 12, 2001, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
CITY PROPERTY-LEASES-HOSPITALS: The City Manager submitted a
communication advising that on June 18, 2001, the City of Roanoke received an offer
from Carilion Health Systems, Inc., to purchase 2.8 acres of City property located on
Colonial Avenue, which is part of an unsubdivided parcel on Official Tax
No.1570101; current appraised value of the 2.8 acre property is $365,000.00; and in
order to consider the sale of such property, Council must hold a public hearing.
The City Manager recommended that Council authorize the City Clerk to
advertise a public hearing for Monday, August 20, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider entering into a sale agreement for
real estate in the amount of $375,000.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
ANIMALS/INSECTS-CITY CODE-COMPLAINTS: The City Manager submitted
a communication advising that Section 6-7 of the City Code permits the keeping of
cattle, sheep, goats, or swine in areas zoned for agricultural use when pens are at
least 300 feet from residential property lines or on farms that are a minimum of five
acres in size; in addition, the City Code allows a person to keep one sheep or goat
as a household pet in residential areas; recently, residents of Old Southwest
reported problems with a goat and complained that conditions were poor and the
smell was a nuisance; a petition was submitted to the City Manager on July 9, 2001,
526
complaining about the noise, smell, and flies in the neighborhood, and requested
that the outdated ordinance be revised; and in the interim, the property owner has
been cited by Animal Control and was convicted in court of a public nuisance and
fined.
The City Manager recommended that Council authorize a public hearing to
amend the City Code to prohibit goats and sheep as household pets in residential
areas.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ................................................................................ 7.
NAYS: None
HOUSING/AUTHORITY: A communication from Bruce L. Robinson tendering
his resignation as a member of the Fair Housing Board, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Hudson and adopted by
the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. -7.
NAYS: None ............
ROANOKE ARTS COMMISSION-OATHS OF OFFICE-COMMITTEES: A report
of qualification of Will Trinkle as a member of the Roanoke Arts Commission for a
term ending June 30, 2004, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .......................................................................................... -7.
NAYS: None ................................................................................... -0.
527
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-WATER RESOURCES-EMERGENCY MEDICAL SERVICES:
Mr. Herbert Considder, 4334 Camille Avenue, N. W., appeared before Council and
complained about a late charge that was imposed by the City on his water bill, in
addition to a disconnect fee.
He advised that his wife was ill and they frequently had to call 9-1-1 for
ambulance service. In addition, he stated that water service should be provided free
of charge due to the taxes he pays to the City of Roanoke.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/WITNESS/JUROR
PROGRAM: A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, advising that the Victim/Witness Assistance Program has
been awarded a 12 month $100,679.00 grant (#02-H8554VW01) for the period
July 2001 through June 2002; the grant from the Department of Criminal Justice
Services (DCJS) will allow the Victim/Witness Assistance Program to continue to
provide comprehensive information and direct services to crime victims and
witnesses in accordance with the Virginia Crime Victim and Witness Rights Act; the
Program continues to operate with a full-time coordinator for the Circuit Court, as
well as one full-time assistant for the Juvenile and Domestic Relations District Court
and one full-time assistant for the General District Court; the Program is coordinated
by the Office of the Commonwealth's Attorney; and the cost to the City would be
$25,671.00 as a local cash match, for a total grant budget of $126,350.00.
The Commonwealth's Attorney recommended that Council accept
Victim/Witness Grant No. 02-H8554VW01 for $100,679.00, with the City to provide
$25,671.00 as a local cash match from funds provided in the Transfer to Grant Fund
Account in the fiscal year 2001-02 budget, for a total grant of $126,350.00; and
authorize the City Manager to execute all appropriate documents to obtain Grant No.
02-H8554VW01, appropriate $126,350.00 in revenue accounts to be established in the
Grant Fund by the Director of Finance, and appropriate $126,350.00 to certain
expenditure accounts.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a communication concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
528
(#35486-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. White moved the adoption of Ordinance No. 35486-080601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
Mr. White offered the following resolution:
(#35487-080601) A RESOLUTION authorizing the acceptance of Grant No.
02-H8554VW01 made to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services for a Victim/Witness Assistance Program
and authorizing the execution and filing by the City Manager of the conditions of the
grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35487-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council appropriate the following funds, was before the body:
$245,000.00 for the Reading Excellence Act grant for Hurt Park
Elementary School to provide children with the readiness skills they
need to learn to read during the early childhood years. This new
program has been funded by Federal funds in the amount of
$245,000.00.
$200,000.00 for the Reading Excellence Act grant for Fallon Park
Elementary School to provide children with the readiness skills they
need to learn to read during the early childhood years. This new
program has been funded by Federal funds in the amount of
$200,000.00.
(For full text, see communication on file in the City Clerk's Office.)
.. J
529
The Director of Finance submitted a written report recommending that Council
concur in the request of the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35488-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35488-080601. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BONDS/BOND ISSUES: A resolution authorizing the issuance of
$31,245,000.00 of general obligation bonds, having previously been before the
Council on Monday, July 16, 2001, and defeated by a 3-3-1 vote of the Council (two
Council Members were absent), Ms. Wyatt moved for a reconsideration of the
resolution. The motion was seconded by Mr. Bestpitch and adopted, Mr. Hudson
voted no.
The City Manager and the Director of Finance submitted a joint
communication advising that on June 18, 2001, Council endorsed and concurred in
the recommendations contained in an update to the Capital Improvement Program
(CIP) for Fiscal Years 2002-2006, which included a list of new capital improvement
projects and funding scenarios; and consistent with recommendations in the CIP
update, the following capital projects contained in the updated plan need to be
funded by the next issuance of bonds, pursuant to the Public Finance Act of 1991
(Code of Virginia):
530
Crystal Spring Water Filtration Plant
Curb, Gutter and Sidewalk Program
Schools
Stadium/Amphitheater
5,445,000.00
5,000,000.00
4,600,000.00
16,200,000.00
Total
$ 31,245,000.00
The City Manager and the Director of Finance recommended that Council
adopt a resolution authorizing issuance of $31,245,000.00 general obligation bonds,
pursuant to the Public Finance Act of 1991 (Code of Virginia).
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#35489-080601) A RESOLUTION authorizing the issuance of thirty-one million
two hundred forty-five thousand dollars ($31,245,000) principal amount of general
obligations of the City of Roanoke, Virginia, in the form of general obligation public
improvement bonds of such City, for the purpose of providing funds to pay 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 of the issuance and sale of such bonds; 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. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35489-080601. The
motion was seconded by Ms. Wyatt.
Mr. Hudson advised that the question is not whether he is for or against those
items included in the $31 million bond issue, but the fact that the citizens of
Roanoke are not being offered an opportunity to vote on the question through a
bond referendum. He stated that Council previously voted for $25 million worth of
bonds that have not been issued, and another $31 million in bonds are now
proposed, which means that this fall, the City will go to the bond market with over
531
$56 million in outstanding bonds which will not be presented to the voters in the
form of a bond referendum. He called attention to approximately $250 million worth
of City projects that are unfunded which need to be addressed between the years
2002 and 2006 according to information provided by the City Manager.
Mr. Carder advised that from 1992 to 1999, there have been times when the
City did not go to bond referendum and in those instances when a bond referendum
was held, it was associated with a tax increase. He called attention to a policy
established by Council which provides that debt limit cannot exceed ten per cent of
the assessed value of real estate in the City of Roanoke and inquired as to the City's
current debt limit; whereupon, the Deputy Director of Finance advised that the debt
policy that was adopted by Council provides that the general obligation bonded debt
will be a percentage of the value of real estate, and, if one makes the assumption
that the City will issue $56 million of bonds, the City's debt would be a little over four
per cent.
Vice-Mayor Carder advised that net debt per capita is currently set at $2000.00
and with the proposed $31 million bond issue, the City's debt per capita would be
approximately $1885.00.
In an effort to clarify questions, Mr. White suggested that the City Manager
provide information to the public by highlighting portions of a communication from
the Director of Finance dated July 30, 2001, regarding the City's debt service and its
history on bond referenda versus no bond referenda.
Mr. Bestpitch advised that the projects contained in the proposed $31 million
bond issue are important if the City is to maintain a growing economy, and
progress is needed that provides additional jobs, opportunity and prosperity for all
citizens. He stated that to suggest that Council has too many big spenders who
agree with every request for funding demeans the hard work of the Council in
several work sessions and planning meetings. He added that the City's "wish list"
is much longer than this bond issue can support, and Council worked as a group to
narrow the list to those projects that it considered to be the most important at this
time.
The Mayor raised questions in regard to when the debt limit was set at
$2,000.00 per capita, compared with previous years, and advised that the City's debt
is growing at a much faster rate than inflation. He stated that the City of Roanoke
does not have to be in debt in order to be a functional government. He added that
his concern did not center around any specific item in the proposed $31 million bond
issue, but its cumulative effect on the City of Roanoke. He inquired as to annual
debt service on the $31 million bond issue, to which the Deputy Director of Finance
responded that it would be in the range of approximately $3 million; whereupon, the
Mayor stated that Council has the option of either raising taxes to generate $3
532
million in debt service or take $3 million out of an item that is currently funded by the
City. He advised that he would vote in favor of the $31 million bond issue to go
along with what appears to be the majority wishes of Council.
The City Manager advised that there is no intent to raise taxes as a result of
the $31 million general obligation bond issue. She stated that approximately one
year ago, Council reviewed a five year expenditure that included the first of the two
high school replacements/renovations at which time City staff was instructed to
begin to build debt service so that the City could fund the additional debt, along with
other debt that was being issued, and staff was also instructed to recommend a
budget to Council for fiscal year 2001-02 that funded additional debt service, a
compensation package for City employees and certain new initiatives for the general
operation of the City, all without a tax increase. She explained that the proposed $31
million bond issue does not require the raising of taxes, nor is it intended that staff
look at raising taxes as a way to fund capital improvements. She stated that the City
organization is committed to "tightening our belts" as an organization, and reducing
expenditures in order to make funds available for the additional debt that Council
identifies as needed.
Mr. Harris advised that his support is based on three tests that this or any
other bond issue must pass in order to receive his vote, i.e.: (1) are the projects
worthwhile, in the best interest of the community, progressive, fiscally responsible,
and are they items worthy of doing sometimes ahead of other worthwhile projects;
(2) have the items been thoroughly reviewed within the concept of the Capital
Improvement Program by Council and the City administration; and (3) does the
additional debt fall within the parameters of the City's fiscal policy as established by
the Council in 1999 regarding the issuance of bonds and the retirement of debt. He
stated that the $31 million in general obligation bonds pass the abovedescribed
criteria, therefore, he will vote in favor of adoption of the resolution.
Mr. Bob Zimmerman, 1501 Langhorne Avenue, S. E., advised that he could
remember a time when the Commonwealth of Virginia was a pay as you go state,
the state did not have a debt and he spoke in support of going back to those days.
He suggested that the $31 million general obligation bond issue be postponed for
a period of time until the City's debt is to the point where it will not incur millions
of dollars a year in interest. He expressed concern with regard to the declining
population of the City of Roanoke.
Ms. Wyatt advised that projects listed in the $31 million bond issue pertain to
the City's infrastructure needs and economic development efforts, school
improvements and other positive actions all depend on infrastructure
improvements/maintenance that provide the skeleton for the City's future.
Therefore, she stated that the overriding issue is to provide the type of infrastructure
that the City of Roanoke needs to promote quality of life for its citizens.
Resolution No. 35489-080601 was adopted by the following vote:
533
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... 6.
NAYS: Council Member Hudson ................................................................ 1.
HUMAN DEVELOPMENT-LEASES: The City Manager submitted a
communication advising that the City's Long-Range Facilities Master Plan,
completed in February 1997, recommended that additional space be secured for
Health and Human Services activities which include Social Services,
Juvenile Justice Administration, Office on Youth, Homeless Program, and the
Health Department; a lease is recommended rather than purchase because the State
reimbursement for Health and Social Services Departments will provide partial
funding for lease payments, but will not provide funding for purchase; consolidation
of services in one location would allow a more efficient delivery of services to
customers; the project was reviewed in detail with Council during the March
Financial Planning Session; three proposals were received in response to the City's
request for proposals in October 2000, which included the Sears Building, the
Heironimus Building, and the Cotton Mill Building on Sixth Street; a team composed
of representatives of the affected departments and other City staff reviewed the
proposals; and the team agreed that the proposal for the Sears Building best met the
requirements; and negotiations with Sawyer Properties, Inc., agent for the owner,
Blue Eagle Partnership, have been completed.
It was further advised that the proposed lease is for a 20 year term ending
June 30, 2022, for approximately 83,236 square feet, with an annual lease payment
of $1,104,541.00, which includes janitorial service and routine maintenance; the
lease also provides that each party will indemnify and hold harmless the other from
and against any and all suits, actions, loss, damage, liability, and expense
occasioned by or resulting from any default hereunder or any negligent act on its
part, its agents, employees or invitees; the State Departments of Health and Social
Services will participate in the lease payment by contributing 59.4% and 80%,
respectively, of their prorated lease expense, based on the percentage of space
utilized, including common areas; the City's share will be funded in the annual
operating budget beginning with the 2002-03 fiscal year; the State Department of
Health and Social Services will fund approximately $802,000.00; and both annual
lease payments are subject to annual appropriations.
The City Manager recommended that she be authorized to execute a lease
agreement with Blue Eagle Partnership, in a form to be approved by the City
Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance:
534
(#35490-080601) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Blue Eagle Partnership for the lease of office space at the
Civic Mall, located at 1502 Williamson Road, for use by the Roanoke City Department
of Social Services, upon certain terms and conditions, and dispensing with the
second reading of the title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35490-080601. The motion
was seconded by Mr. Carder.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested clarification as to
whether the Human Service Department will occupy space in the Roanoke
Neighborhood Development Corporation's Crewe Suites building; whereupon, the
City Manager responded that the City's commitment to lease approximately 15,000
square feet in the Crewe Suites building to be developed by RNDC remains
unaffected by this action.
Ms. Bethel inquired as to when RNDC will hold a community-wide meeting to
inform citizens as to the status of its activities and objectives; whereupon,
Ms. Wyatt, Council's liaison to the Roanoke Neighborhood Development
Corporation, advised that RNDC holds an annual meeting to which the public is
invited and, in addition, monthly meetings are held at the Southwest Virginia
Community Development Center on the third Thursday of each month at 6:00 p.m.
As Council's liaison to RNDC, Ms. Wyatt advised that she would be pleased
to present questions and/or concerns to the Board of Directors.
Ordinance No. 35490-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................ -6.
NAYS: None ........................................................................................... 0.
(Council Member Hudson abstained from voting.)
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-GRANTS: The City
Manager submitted a communication advising that historically the Northwest
Neighborhood Environmental Organization (NNEO) has received Community
Development Block Grant (CDBG) funds from the City to conduct housing and other
community development projects in the Gilmer neighborhood; the original
agreement for the NNEO "McCray Court Senior Living" project was executed on
September 26, 2000, and provided $300,000.00 in CDBG funds; on May 7, 2001,
Council authorized funding for continued architectural, engineering and
535
construction costs associated with the "McCray Court Senior Living" project,
pursuant to Resolution No. 35319-050701, which approved the submission of the
City's Annual Update to the Consolidated Plan to the U. S. Department of Housing
and Urban Development (HUD); an amendment to the Agreement with NNEO is
necessary in order to provide additional funding for NNEO to continue to develop the
McCray Court Senior Living project; and funding is available in Account No.
035-G02-0237-5297, in the amount of $277,750.00.
The City Manager recommended that she be authorized to execute
Amendment No. 1 to the "McCray Court Senior Living" Subgrant Agreement with the
Northwest Neighborhood Environmental Organization.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35491-080601) A RESOLUTION authorizing the execution of Amendment
No. 1 to a Subgrant Agreement between the City and Northwest Neighborhood
Environmental Organization, dated September 26, 2000, for funding to develop the
McCray Court Senior Living Project.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35491-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... -0.
PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a
communication advising that highway deicing salt is used for snow and ice removal
on City streets; and the Streets and Traffic Division, through its Snow and Ice
Removal account, will purchase the necessary deicing salt to have on hand and
available for use as needed to address inclement weather problems.
The City Manager recommended that Council authorize issuance of a
purchase order for 2,700 tons of highway deicing salt from Cargill, Inc., Salt Division,
at a cost of $37.75 per ton, or total cost of $101,925.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35492-080601) A RESOLUTION accepting the bid of Cargill, Inc., Salt
Division, for deicing salt, upon certain terms and conditions, and awarding a
536
contract therefore; authorizing the proper City officials to issue the requisite
purchase order; and rejecting all other bids made to the City for the work.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35492-080601. The motion
was seconded by Mr. Bestpitch.
Ms. Wyatt advised that because weather conditions were mild last winter, the
City did not exhaust its supply of deicing salt, and inquired as to the amount of
funds the City will spend on deicing salt for the year 2001, compared with 2000;
whereupon, the Assistant City Manager for Operations advised that last year,
approximately 1600 tons of deicing salt were used, the supply is currently at
approximately 3000 tons, therefore, there will be less expense incurred this year, and
he would provide Council with the dollar amount following the Council meeting.
Resolution No. 35492-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ........ - ............................................................................. -0.
CITY MARKET-DOWNTOWN ROANOKE, INCORPORATED: The City Manager
submitted a communication advising that the City Market continues to be an asset
to the City of Roanoke; for several years the City of Roanoke has contracted with
Downtown Roanoke, Inc., (DRI) to manage curbage spaces, in the City Market; a new
Agreement has been drafted to allow DRI to continue to manage those spaces, but
allows DRI to retain the monies collected from vendors as compensation for DRI's
services, and to provide for marketing, advertising and coordination with the market
association; Council will continue to approve any license fee modifications
established in the Fee Compendium; and fees are under review and may need to be
modified in the future to address increased expenditures in operation of the spaces.
The City Manager recommended that she be authorized to execute an
Agreement for the above services between the City of Roanoke and Downtown
Roanoke, Inc., for a period of one year, from September 1,2001, through August 31,
2002, with up to four one year extensions, upon mutual agreement of the parties,
such Agreement to be approved as to form by the City Attorney; to confirm current
rates for use of such spaces; to amend the Fee Compendium; to periodically
designate a portion of the curbage fees to be used for promotion of the City Market
and to take such further action as is necessary to implement the Agreement; and
that Council adopt a budget ordinance to eliminate the City Market Cost Center,
reduce the revenue estimate related to market rents; and transfer remaining utility
expenses to other operating budgets.
(For full text, see communication on file in the City Clerk's Office.)
537
Mr. Hudson offered the following emergency budget ordinance:
(#35493-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35493-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ............................................................................................ -0.
Mr. Carder offered the following resolution:
(#35494-080601) A RESOLUTION authorizing the execution of a Management
Agreement between the City of Roanoke, Virginia, and Downtown Roanoke, Inc.,
(DRI) that will authorize DRI to act as the City's agent to manage and license curbage
spaces in the Roanoke City Market; confirming the current rates for the use of such
curbage spaces; directing an amendment of the Fee Compendium; and authorizing
the City Manager to designate a portion of the curbage fees to be used for promotion
of the City Market and to take such further action as is necessary to implement and
administer the terms of such Agreement.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35494-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... 0.
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that since July 1, 1986, the City has been under contract
with the Virginia Department of Emergency Management (VDEM) to respond to Level
III hazardous materials incidents in a regional concept involving firefighterslemts
from the Cities of Roanoke and Salem; on July 19, 2000, Council authorized the City
Manager to renew the agreement to participate in a Level III Regional Response
Team; and the agreement is renegotiated bi-annually in order to keep funding and
reimbursement needs current.
538
It was further advised that the present VDEM hazardous materials team
contract expires on June 30, 2002; VDEM agreed to furnish $15,000.00 per year in
"pass-through" funds in order to assist with the purchase of equipment, physicals,
and to attend training programs needed to comply with Federal and State response
criteria mandates; and pass through funding totaling $15,000.00 has been received
from VDEM and deposited in Revenue Account No. 035-520-3224-3224.
The City Manager recommended that Council accept "pass-through" funding
which honors renewal of the two-year Virginia Department of Emergency
Management hazardous materials team contract for the period July 1, 2000 until
June 30, 2002; and appropriate $15,000.00 as follows: $11,300.00 to
Employee Physicals and $3,700.00 to Training and Development under the
Hazardous Materials Response Team Grant (Account Nos. 035-520-3224-2110 and
035-520-3224-2044) and establish a revenue estimate of $15,000.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35495-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35495-080601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
Mr. White offered the following resolution:
(#35496-080601) A RESOLUTION authorizing the City Manager to accept, on
behalf of the City of Roanoke, "pass-though" funding from a two-year contract with
the Commonwealth of Virginia, Department of Emergency Management, with
appropriations, to participate in a Regional Hazardous Materials Response Team.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. White moved the adoption of Resolution No. 35496-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
539
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................... ---0.
HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a communication advising that historically, the Roanoke Redevelopment
and Housing Authority (RRHA) has administered numerous CDBG-funded activities
for the City, including housing rehabilitation and economic development activities;
on May 7, 2001, Council authorized the Housing Authority's 2001-02 CDBG activities
and funding pursuant to Resolution No. 35319-050701, which approved submission
of the City's Consolidated Plan to the U. S. Department of Housing and Urban
Development; Council accepted 2000-01 CDBG funds on June 18, 2001, pursuant to
Resolution No. 35407-061801 and Budget Ordinance No. 35406-070201, pending
receipt of an approval letter from the U. S. Department of Housing and Urban
Development which is completing the routine Congressional release process; and
in order for the Housing Authority to provide eligible City homeowners and buyers
with housing activities approved in the Consolidated Plan, Council's authorization
to execute an agreement with the Housing Authority is necessary.
The City Manager recommended that she be authorized to execute a CDBG
Agreement with the Roanoke Redevelopment and Housing Authority to be approved
as to form by the City Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35497-080601) A RESOLUTION authorizing the appropriate City officials to
enter into the 2001-2002 Community Development Block Grant (CDBG) Funding
Administration Agreement with the Roanoke Redevelopment and Housing Authority,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35497-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
PURCHASE/SALE OF PROPERTY-GRANTS-FLOOD REDUCTION/CONTROL:
The City Manager submitted a communication advising that in 1998, the City of
Roanoke was awarded a grant from the Federal Emergency Management Agency
540
(FEMA) through its Hazard Mitigation Grant Program which allowed the City to
acquire and demolish 34 homes located in the floodplain; the program is voluntary
and some homeowners in the Garden City area, whose homes are located in the
floodplain, have chosen not to participate in the project; funds remaining in the
account ($140,440.00 in Account No. 008-052-9696) are available to acquire another
home which is located in the floodplain of Mud Lick Creek located at 2565 Beverly
Boulevard, S. W., owned by Mr. and Mrs. Mark Reynolds, who have appeared at City
Council meetings on numerous occasions in the past few years to discuss the
flooding of their home; the Reynolds are willing to sell their home to the City for its
removal from the floodplain, said property having been appraised twice at
$113,000.00 and $105,000.00; and Mr. and Mrs. Reynolds have signed a purchase
agreement for $109,000.00 which is the average of the appraisals.
The City Manager recommended that she be authorized to execute the
necessary documents, in a form to be approved by the City Attorney, to purchase
real property owned by Mr. and Mrs. Mark Reynolds located at 2565 Beverly
Boulevard, S. W., Official Tax No. 1630614; and that Council authorize demolition of
the structure and close the Garden City Hazard Mitigation Grant Program grant, in
accordance with requirements of the Federal Emergency Management Agency.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following ordinance:
(#35498-080601) AN ORDINANCE authorizing the acquisition and demolition
of certain property located in the floodplain of Mud Lick Creek under the Federal
Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program, upon
certain terms and conditions; authorizing the closing of the Garden City Hazard
Mitigation Grant Program grant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35498-080601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None 0.
PURCHASE/SALE OF PROPERTY-WATER RESOURCES: The City Manager
submitted a communication advising that a study of the Forest Park watershed
completed by Anderson & Associates identified over $11 million in drainage
problems in the area; the first project selected to correct problems for construction
is located on Barnhart Street; homeowners at 1320 Aspen Street, and 2830 and 2836
541
Barnhart Street have had their basements flooded due to drainage problems;
construction of the Barnhart Street Drainage Improvement Project will address
drainage problems; authorization is needed to move forward with procurement of
title work, appraisals, and document preparation related to acquisition of the
necessary property rights-of-way; and estimated expenses related to acquisition of
the property should not exceed $2,000.00, which is available in Capital Project
Account No. 008-052-9688-9050, Miscellaneous Storm Drains.
The City Manager recommended that she be authorized to acquire all
necessary property rights, noting that said property rights may be acquired following
a satisfactory environmental site inspection by negotiation or eminent domain, and
include fee simple, permanent easements, temporary construction easements,
rights-of-way, licenses or permits, etc.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following ordinance:
(#35499-080601) AN ORDINANCE providing for the acquisition of certain
property rights needed by the City for the Barnhart Street Drainage Improvement
Project; setting a limit on the consideration to be offered by the City; providing for
the City's acquisition of such property rights by condemnation, under certain
circumstances; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35499-080601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
BUDGET-GRANTS-JUVENILE CORRECTIONAL FACILITIES: The City Manager
submitted a communication advising that the Aggression Replacement Training and
Education Program (ARTEP) is an anger control program for assaultive youth
operated by Sanctuary Crisis Intervention staff; the program is designed to increase
public safety and encourage participating youth to take responsibility for their
behaviors, which is accomplished through court-ordered participation in a ten-week
program that includes bi-weekly group sessions and periodic contacts at home and
school; ARTEP provides Juvenile Court Judges with a less costly alternative to
incarceration of juvenile offenders; and the pilot for this program had a 94% success
rate and continues to be a valuable addition to the continuum of services available
for the treatment of youth offenders.
542
The City Manager recommended that Council take the following actions:
Adopt a resolution accepting the $52,714.00 in 2001-02 funding from the
Department of Criminal Justice Services, Grant No. 02-C3256JJ01, for
Sanctuary's Aggression ReplacementTraining and Education Program;
Authorize the City Manager to execute the required Grant Acceptance,
Request for Funds and any other forms required by the Department of
Criminal Justice Services, in order to accept funds and transfer
$7,554.00 from Account No. 001-630-5330-2010, State and Local
Hospitalization; and $10,018.00 from Account No. 001-121-2130-2008,
Residential Detention Services, to an account to be established by the
Director of Finance for the ARTEP Program; and
Appropriate $70,286.00 in State and local funds to revenue and
expenditure accounts in the Grant Fund to be established by the
Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35500-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35500-080601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
Mr. Carder offered the following resolution:
(#35501-080601) A RESOLUTION authorizing the acceptance of funding from
the Department of Criminal Justice Services for Sanctuary's Aggression
Replacement Training and Education Program; authorizing the City Manager to
execute the necessary documents in order to accept these funds, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
543
Mr. Carder moved the adoption of Resolution No. 35501-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-CONVENTION AND VISITORS BUREAU-TOURISM: The City Manager
submitted 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 part of the fiscal year 2001-02 Annual Operating budget adopted by
Council, the Memberships and Affiliations budget included funding of $541,440.00
specifically designated for the RVCVB; an additional $287,500.00 was designated
for marketing efforts and the availability of the $287,500.00 equates to revenue
increases expected from a corresponding increase in the transient room tax; the City
has negotiated a one year agreement commencing July 1, 2001 with the RVCVB
detailing the use of the funds; and the RVCVB submitted a detailed budget and work
plan to the City Manager for review and approval.
The City Manager recommended that she be authorized to execute an
Agreement, in the amount of $828,940.00, with the Roanoke Valley Convention and
Visitors' Bureau, upon form approved by the City Attorney, for the express purpose
of marketing the Roanoke Valley as a regional destination for convention and
destination tourism, and that Council authorize transfer of funding in the amount of
$287,500.00 from Account No. 001-300-7220-3689, Marketing, to Account No.
001-300-7220-3702, Convention Bureau.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35502-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35502-080601. The motion
was seconded by Mr. Harris.
Matthew R. Kennell, President, Roanoke Valley Convention and Visitors
Bureau, expressed appreciation for Council's support. He commended the City of
Roanoke on its action to increase the transient occupancy tax and earmarking the
additional funds, totalling more than one quarter of a million dollars, for marketing
544
the Roanoke Valley. He requested that Council support the agreement with the
Roanoke Valley Convention and Visitors Bureau.
The City Manager presented copy of a marketing plan which was developed
by the Roanoke Valley Convention and Visitors Bureau.
Ordinance No. 35502-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. 7.
NAYS: None ................................................................................. -0.
Mr. Hudson offered the following resolution:
(#35503-080601) 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. 64.)
Mr. Hudson moved the adoption of Resolution No. 35503-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................... -0.
BUDGET-PUBLIC WORKS-STREETS AND ALLEYS: The City Manager
submitted a communication advising that Adams Construction Company was
awarded a contract, in the amount of $1,969,602.91, on a unit price basis at the
May 21, 2001 meeting of City Council to repave various streets within the City of
Roanoke; a review of the Paving Program budget, Account No. 001-530-4120-2010,
has shown that $150,685.00 is available for additional street resurfacing; contract
provisions allow the City to add streets to the contract, with-unit prices and
completion dates to be unchanged; and approval of the contract change order will
enable the paving of five additional lane miles, bringing the paving program
cumulative total to 57 lane miles.
The City Manager recommended that she be authorized to execute Change
Order No. 1, in the amount of $150,685.00 with Adams Construction Company to
repave additional streets within the City of Roanoke.
(For full text, see communication on file in the City Clerk's Office.)
545
Mr. Harris offered the following emergency ordinance:
(#35504-080601) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 1 to the City's contract with Adams Construction Company to
repave additional streets within City of Roanoke; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35504-080601. The motion
was seconded by Mr. Carder.
Vice-Mayor Carder expressed concern with regard to disrepair of certain City
streets as the result of utility cuts for underground utility lines, fiber optics etc. He
advised that the streets are patched up with asphalt which, within a short period of
time turns into potholes, and inquired if the responsible party can be required to
make street repairs that are more durable.
The City Manager advised that there is a form of repair that is more durable
and expensive and the City's Utility Lines Department is testing the procedure
through a pilot project involving City utility cuts. She advised that a report will be
submitted to Council in the near future.
Ordinance No. 35504-080601 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
CITY CODE-EROSION SEDIMENT CONTROL: The City Manager submitted a
written communication advising that the General Assembly recently amended
Section 10.1-563 of the Virginia Erosion and Sediment Control Law, Section 10.1-560,
et seq; effective July 1, 2001, the amendment requires that all land disturbing
projects which require approval of an Erosion and Sediment Control Plan and
issuance of a Land Disturbing Permit to name an individual who will be responsible
for the land disturbing activities for the project; and the individual will be required
to hold a Responsible Land Disturber (RLD) certificate.
It was further advised that the Virginia Department of Conservation and
Recreation (DCR) has developed course material for individuals to become certified;
individuals currently certified by the Department of Conservation as contractors,
inspectors, plan reviewers, administrators or combined administrators will be
546
considered a Responsible Land Disturber without further training; and persons
holding a valid Virginia Professional Engineer, Land Surveyor, Landscape Architect,
or Architect license will also be considered a Responsible Land Disturber without
further training, certification or fees.
It was explained that for all land disturbing activities, the landowner will
remain ultimately responsible for compliance with all erosion and sediment control
regulations; the individual named as the Responsible Land Disturber will be
responsible for, and in charge of, carrying out the land disturbing activities for the
project; and persons and entities submitting erosion and sediment control plans for
approval after July 1, 2001, will be required to identify on the plans submitted for
approval the individual named as the Responsible Land Disturber, which
information will also be shown on the Land Disturbing Permit.
The City Manager recommended that Council approve an amendment to the
Erosion and Sediment Control ordinance which is consistent with the State Code
and will enhance and clarify the City's existing Erosion and Sediment Control
Ordinance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35505-080601) AN ORDINANCE amending Section 11.1-6, Erosion and
sediment control plan, of Chapter 11.1, Erosion and Sediment Control, of the Code
of the City of Roanoke (1979), as amended, by adding new subsection (i) to require
the identification of the person responsible for carrying out a land disturbing
activity; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35505-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................. -0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES-
NEWSPAPERS: The City Manager submitted a communication advising that the City
of Roanoke has been working with the Times-World Corporation ("Roanoke Times")
to undertake a $31 million expansion project in downtown Roanoke, which would
provide for the retention of existing jobs and advance economic and urban
547
development; and on May 21, 2001, a public hearing was held to consider
authorizing an assignable Option Agreement to convey two parcels of City-owned
real estate (identified as Official Tax Nos. 1010402 and 1010403) to Roanoke
Downtown Properties, LLC, or its assigns, as set forth in a communication from the
City Manager under date of May 21, 2001.
It was further advised that the property, deemed critical to the project, would
be transferred for consideration of $100.00 and other good and valuable
consideration; no comments were received at the public hearing and the Option
Agreement now needs to be executed; the City will appropriate up to $500,000.00 to
the Industrial Development Authority of the City of Roanoke (IDA) which, in turn, will
provide an economic development grant to the Roanoke Times, upon certain terms
and conditions as more fully set forth in the Performance Agreement; the grant will
be made after The Roanoke Times project has been completed and is operational,
after which time, the Authority will provide grant funds in the following increments:
$250,000.00 in the first year; $150,000.00 in the second year; and $100,000.00 in the
third year, in accordance with the Performance Agreement.
The City Manager recommended that Council take the following actions:
Approve the Option Agreement and subsequent conveyance of the real
estate as described above to Roanoke Downtown Properties, LLC, or
its assigns.
Authorize the City Manager to execute an Option Agreement and deeds
or any documents as may be necessary to accomplish the transfer of
real estate.
Approve the terms of the Performance Agreement between the City of
Roanoke, the IDA and The Roanoke Times that will provide for a grant
up to $500,000.00.
Authorize the City Manager to execute a Performance Agreement
among the City, The Roanoke Times, and the IDA, and execute such
other documents and take such further action as may be necessary to
implement the Performance Agreement, with the form of such
Agreement to be approved by the City Attorney.
Appropriate $500,000.00 from undesignated capital funds to an account
to be established by the Director of Finance in the capital projects fund.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
548
(#35506-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35506-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. 7.
NAYS: None ................................................................................. -0.
Mr. Harris offered the following emergency ordinance:
(#35507-080601) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the Industrial
Development Authority of the City of Roanoke, Virginia (IDA), and The Times-World
Corporation (Roanoke Times), that provides for The Roanoke Times to make an
investment in the construction and development of certain property in the City; that
the City will comply with the terms of a separate option contract to transfer two
parcels of real property owned by the City in accordance with the terms of the
Performance Agreement; that the City will make an appropriation of up to
$500,000.00 to the IDA, all for the purpose of promoting economic development in
order to fund the grant that the IDA intends to make to The Roanoke Times;
authorizing the City Manager to execute such other documents and take such further
action as may be necessary to implement the Performance Agreement; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35507-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
Mr. Harris offered the following ordinance:
(#35508-080601) AN ORDINANCE authorizing execution of an Option
Agreement by which the City of Roanoke grants an option to Roanoke Downtown
Properties, LLC, or its assigns, to purchase certain City-owned property known as
549
Tax Parcels Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W., and,
upon exercise of the option, the execution of an appropriate deed conveying the
property; and dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35508-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
REAL ESTATE VALUATION-EQUIPMENT: The City Manager submitted a
communication advising that the City's current appraisal software (CARAT) was
purchased and installed in 1981; the system lacks many features and capabilities
found in modern computer assisted mass appraisal (CAMA) systems; advances in
technology offer the City the opportunity to employ advance state of the art appraisal
software and computer hardware that increase Real Estate Valuation accuracy and
efficiency; in addition, capture, storage and retrieval of real estate data critical to the
successful deployment of the City's Geographical Information System will be
enhanced with a new appraisal system; and five proposal responses were received
and evaluated, with Manatron, Inc., ProVal System offering the best software
solution for the City's real estate mass appraisal and assessment needs.
The City Manager recommended that she be authorized to enter into a contract
with Manatron, Inc., to be approved as to form by the City Attorney, for the ProVal
Computer Assisted Mass Appraisal System, in the amount of $119,635.00, including
software and training for the system; and funds are available from a prior year
CMERP appropriation in the Department of Technology Project Account No.
013-052-9838, "Real Estate Project".
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35509-080601) A RESOLUTION accepting the proposal of Manatron, Inc., and
authorizing execution by the City Manager of a contract providing for the purchase
of a ProVal Computer Assisted Mass Appraisal System for the Office of Real Estate
Valuation, upon certain terms and conditions; and rejecting all other proposals made
for such items.
(For full text of Ordinance, see Ordinance Book No. 64.)
550
Mr. Harris moved the adoption of Ordinance No. 35509-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None.
BUDGET-CIVIC CENTER-EQUIPMENT: The City Manager submitted a written
communication advising that the Occupational Health and Safety Administration
(OSHA) representatives recently inspected the fall protection system in the Roanoke
Civic Center Coliseum; some components of the fall protection system were found
to be of uncertain capacity; at the time of inspection, an engineering consultant had
already been retained to design a new fall protection system; and the City's
consultant reviewed the OSHA findings and recommended that the existing fall
protection system not be used.
It was further advised that until a new fall protection system can be installed,
all rigging work has to be done from a portable man lift which is expensive and
cumbersome to operate and has resulted in safety concerns and an unreasonable
burden on continuing use of the Civic Center Coliseum; and after receiving notice
of the situation on July 17, 2001, based on facts presented to the City Manager, the
City Manager declared an emergency, pursuant to Section 41 of the City Charter, and
authorized immediate procurement of a contractor to correct fall protection system
problems in the facility.
It was explained that on an emergency basis, the City of Roanoke, through the
Engineering Department, agreed to and entered into a contract with Evan
Corporation to correct the current system and/or furnish and install a new fall
protection system in the Civic Center Coliseum, at a contract amount not to exceed
$140,000.00.
The City Manager recommended that Council affirm and ratify the above
described action; that the City Manager be authorized to execute a contract with
Evan Corporation for the abovereferenced work, in an amount not to exceed
$140,000.00 and that the City Manager be authorized to take such further action as
may be necessary to correct fall protection system problems in the Civic Center
Coliseum; and appropriate $140,000.00 from Civic Center Prior Year Retained
Earnings to a new project account entitled, Civic Center Fall Protection.
(For full text, see communication on file in the City Clerk's Office.)
551
Mr. Carder offered the following emergency budget ordinance:
(#35510-080601) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35510-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
Mr. Carder offered the following emergency ordinance:
(#35511-080601) AN ORDINANCE ratifying the emergency action taken by the
City Manager in connection with emergency improvements to correct the fall
protection system problems in the Roanoke Civic Center Coliseum; ratifying a
contract between the City and Evan Corporation for such emergency work and
authorizing the City Manager to execute such contract; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35511-080601. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... -0.
CITY CLERK:
CITY CLERK-CITY EMPLOYEES: The City Clerk submitted a written report
advising that at the regular meeting of Council on Monday, May 7, 2001, Council
adopted Ordinance No. 35345-050701 authorizing and approving the establishment
of a new position entitled Assistant Deputy City Clerk; Section 24 of the Roanoke
City Charter requires the concurrence of Council in the appointment of a Deputy City
Clerk and such number of assistants; whereupon, the City Clerk respectfully
requested that Council concur in the appointment of Sheila N. Hartman as Assistant
Deputy City Clerk, effective August 7, 2001.
(For full text, see report on file in the City Clerk's Office.)
552
Mr. Hudson offered the following resolution:
(#35512-080601) A RESOLUTION confirming the appointment of
Sheila N. Hartman as the Assistant Deputy City Clerk, effective August 7, 2001.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35512-080601. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .......................................................................................... -7.
NAYS: None ..................................................................................... -0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
WORKERS COMPENSATION-CITY EMPLOYEES: Council at its meeting on
Monday, July 16, 2001, having tabled a communication from the City Manager in
connection with performing Third Party Administrator functions by Landin, Inc., for
Workers' Compensation for the City of Roanoke, in the amount of $40,000.00 per
annum, the matter was before the body.
Mr. Carder moved that the matter be removed from the table. The motion was
seconded by Mr. Bestpitch and unanimously adopted.
The City Manager submitted a communication advising that all employees of
the City of Roanoke are covered by Workers' Compensation as required by State law
and the City of Roanoke is self-administered and self-insured for Workers'
Compensation; currently, the City experiences approximately 400 new Workers'
Compensation claims annually and continues to administer active claims from
previous years; claims involve significant amounts of paperwork and can be handled
more efficiently by a company that deals with Workers' Compensation issues
exclusively; therefore, the Office of Risk Management initiated an evaluation process
to determine the logic of employing a Workers' Compensation Third Party
Administrator.
It was further advised that after submission of request for proposals, non-
binding on the part of the City, four Third Party Administrators were interviewed,
with Landin, Inc., being the clear choice of all persons serving on the panel; Landin,
Inc., proposes to administer all Workers' Compensation claims for the City at a fee
comparable to that of hiring a Workers' Compensation specialist to replace a City
employee who recently retired; Landin, Inc., offers assurances that all of the City's
553
injured employees will receive quality service to speed their recoveries; the use of
a Third Party Administrator should enable the Office of Risk Management to spend
more time administering general liability and automobile liability claims; and these
classes of claims have the greatest potential financial impact to have their outcomes
affected by extra time and effort devoted to their investigation and administration.
The City Manager recommended that she be authorized to enter into a one
year contract, with an option to renew for two additional one year periods by mutual
agreement with Landin, Inc., to perform Third Party Administrator functions for
Workers' Compensation for the City of Roanoke, in an amount not to exceed
$40,000.00 per annum.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35513-080601) A RESOLUTION authorizing the acceptance of a bid and
execution of a contract with Landin, Inc., for the provision of services as a third party
administrator forWorkers' Compensation claims for the City, upon certain terms and
conditions, and rejecting all other bids received.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35513-080601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
PARKS AND RECREATION-DOWNTOWN ROANOKE, INCORPORATED: Vice-
Mayor Carder suggested that the matter of outside dining in the Century Plaza area;
i. e.: street side vendors/dining, be referred to the City Manager for report to Council.
REGIONAL IDENTITY: Vice-Mayor Carder addressed the need to establish the
City of Roanoke/Roanoke Valley region in terms of identity; i. e.: what is the
perception of the City of Roanoke/Roanoke Valley by non-Roanoke Valley citizens.
554
He suggested that the services of a public relations firm be engaged to help
establish city/regional identity, and requested that the matter be referred to the City
Manager for report to Council.
The Mayor called attention to discussions with representatives of other
municipalities in the Roanoke Valley Leadership Summit that might be interested in
participating in the study.
REFUSE COLLECTION-COMPLAINTS: Council Member Hudson called
attention to numerous telephone calls he has received from citizens complaining
about curbside refuse collection, and spoke in support of returning to alley
collection.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to speak and a time for Council
to listen; and matters requiring referral to the City Manager will be referred
immediately for appropriate response
COMPLAINTS-REFUSE COLLECTION: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., spoke against curbside refuse collection. She expressed concern regarding
the policy of the City which requires physically challenged citizens who are unable
to roll their containers to the curb to obtain a certificate from their physician. She
requested that the City return to the pre July 1 policy for refuse collection.
At 4:45 p.m., the Mayor declared the meeting in recess for three Closed
Sessions.
At 5:55 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Council Member Harris, who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson
and Mayor Smith .............................................................................................. -6.
NAYS: None ........................................................................................... 0.
(Council Member Harris was absent.)
555
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS COMMITTEE: The Mayor
advised that there is a vacancy on the Special Events Committee created by the
resignation of Catherine Fox, and called for nominations to fill the vacancy.
Mr. Carder placed in nomination the name of William X Parsons.
There being no further nominations, Mr. Parsons was appointed as a member
of the Special Events Committee, for a term ending June 30, 2002, by the following
vote:
FOR MR. PARSONS: Council Members White, Wyatt, Bestpitch, Carder,
Hudson and Mayor Smith .................................................................................. -6.
NAYS: None .......................................................................................... -0.
(Council Member Harris was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 6:00 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor
556
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 20, 2001
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 20, 2001, at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr. and
Mayor Ralph K. Smith ........................................................................................ 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by The Reverend Kevin Smith, Pastor,
Washington Heights Grace Brethren Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS:
PARKS AND RECREATION-ACTS OF ACKNOWLEDGMENT: Mr. Bestpitch
offered the following resolution:
(#35514-082001) A RESOLUTION paying tribute to Carl H. Kopitzke, upon his
relinquishment of the Chair of the Mill Mountain Advisory Committee, and
expressing to him the appreciation of this City and its people for his exemplary
public service.
(For full text of Resolution, see Resolution Book No. 64.)
557
Mr. Bestpitch moved the adoption of Resolution No. 35514-082001. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
The Mayor presented Mr. Kopitzke with a ceremonial copy of the above
referenced measure and a "Star" paperweight.
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of September, 2001, as Native American Month in the City of Roanoke.
AUDITS/FINANCIAL REPORTS-ACTS OF ACKNOWLEDGMENT: The Mayor
advised that the City of Roanoke has received awards for its comprehensive annual
financial report and pension plan which were awarded by the Government Finance
Officers Association of the United States and Canada. He stated that the awards
represent the highest form of recognition in the area of governmental accounting
and financial reporting and their attainment represents a significant accomplishment
by a government and its management. He further stated that the awards have been
received by the City's Finance Department for the past 27 consecutive years. He
presented certificates and plaques to the Director of Finance and commended the
Finance Department for its outstanding accomplishments.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday, July 16,
2001, the work session held on Monday, July 30, 2001, and the regular meeting held
on Monday, August 6, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Harris and
adopted by the following vote:
558
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
ANNUAL REPORTS-MUNICIPAL AUDITOR: An annual report of the Municipal
Auditor for the year ended June 30, 2001, was before Council.
It was advised that the goal of Municipal Auditing is to provide Council and the
City administration with analyses, appraisals, recommendations, counsel, and
information concerning financial related activities of the City; the office performs its
audit work in accordance with generally accepted government auditing standards
promulgated by the Comptroller General of the United States; during the year ended
June 30, 2001, audit coverage was provided of the City's financial activities by
monitoring external audit activities; evaluating systems of internal controls to
determine whether they are designed to meet management's needs and are
functioning as planned, and substantive testing to determine whether procedures
produced reasonable results or additional work was necessary; recommendations
were made to correct any deficiencies encountered in internal controls and technical
assistance was provided to implement recommendations; and each audit was
reported in writing to the City Council's Audit Committee.
It was further advised that significant audit activity completed during fiscal
year 2001 includes: Financial Audits, Financial Related Audits, Technical Assistance,
and internal auditing services to the School Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that the report be received and filed. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
AUDITS/FINANCIAL REPORTS-ANNUAL REPORTS-AUDIT COMMITTEE: An
annual report of the Audit Committee for the fiscal year ended June 30, 2001, was
before Council.
It was advised that the Audit Committee accomplished the following tasks:
559
Reviewed and concurred with the annual plan presented by KPMG
Peat Marwick;
Reviewed and concurred with the Municipal Auditor's annual audit
plan;
Reviewed the independent accountant's report with representatives
from KPMG Peat Marwick and City officials;
Reviewed the internal audit reports with the Municipal Auditor and City
officials;
Reviewed an external quality control review prepared by the Virginia
Local Government Auditors Association peer review team; and
Furnished a copy of the minutes of each committee meeting to City
Council and City officials.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that the report be received and filed. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... ---0.
CITY CLERK-HUMAN DEVELOPMENT-PERSONNEL DEPARTMENT-HUMAN
DEVELOPMENT COMMITTEE-OATHS OF OFFICE-COMMITTEES: The following
reports of qualification were before Council:
Sheila N. Hartman as Assistant Deputy City Clerk, effective August 7,
2001;
Gail Burruss as a member of the Advisory Board of Human
Development for a term ending November 30, 2004;
William C. Holland as a member of the Personnel and Employment
Practices Commission for a term ending June 30, 2004; and
Evelyn F. Board as a member of the Human Services Committee for a
term ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
560
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .............
el
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ROANOKE ARTS COMMISSION: Mark C. McConnell, Chair, Roanoke Arts
Commission, and Chair of the Per Cent for Arts Committee, addressed Council in
regard to the Per Cent for Arts Program and Municipal Art in the City of Roanoke.
Mr. McConnell advised that academic research supports the value of art, and
recent studies have found that students who have experienced art in the home score
30 per cent higher on academic skill tests than those students who have not had
involvement in the arts. He stated that another study found that students who
studied art scored 45 per cent higher on verbal skills and 32 per cent higher on math
skills on their SAT's; and arts and cultural attractions not only enhance quality of
life, but have a tremendous economic impact on the community by attracting tourists
and businesses that generate revenue for the City. He added that the arts
contributed $849 million to the Commonwealth of Virginia, $342 million additional
dollars to Virginia tourism businesses; $324,000.00 in admission and payroll taxes
were paid to the City of Roanoke by arts organizations in 1999; and a Virginia Tech
study indicated that in 1999, the net total direct output of the arts in Roanoke was
$15 million, with an extended effect of $24.2 million.
He further advised that Roanoke has two mechanisms for promoting the arts
and its economic development benefits; i.e.: the Per Cent for Arts Program - - in
1996, the City of Roanoke joined over 300 cities and approximately six states in
establishing legislation that provided a funding mechanism for public art in
association with certain capital improvements, for example, the Per Cent for Art
Committee reviews upcoming capital improvement projects and submits a
recommendation to the City Manager as to which of the projects should receive an
additional one per cent of capital expenditure for arts, the City Manager reviews the
recommendation and submits a recommendation to Council, and art acquired in
association with capital projects is solicited and procured through the Roanoke Arts
Commission, with input from participants in the Capital Improvements Program. He
561
explained that over the past five years, since inception of the program, no projects
have been recommended for inclusion in Per Cent for Art funding; however, there
is a functioning Per Cent for Art Committee that has been adequately staffed by the
City Manager and a recommendation will be submitted to the City Manager within
one month.
Secondly, Mr. McConnell advised that in 1979, the City participated in a
program of purchasing one work of art each year from the Roanoke City Art Show;
whereupon, he presented slides depicting art work of local artists in the Roanoke
area which were purchased as a part of the program. He stated that the City's
revitalization efforts that embraced public art in 1979 have been successful with
beautiful pieces of art that are displayed throughout the City; however, the spirit for
continuing these efforts must be renewed because for approximately a decade and
one-half the City has not purchased any art on its own, therefore, young and
emerging artists are not represented in the City's art collection. He advised that on
behalf of the Roanoke Arts Commission, it is recommended that the City re-institute
its practice of purchasing art from the Roanoke City Art Show in order to support
local artists, economic development, quality of life and City residents and visitors
and to provide a record of artistic achievements in the Roanoke Valley.
Mr. Harris inquired as to the status of a catalogue identifying all publicly
owned art acquired by the City of Roanoke; whereupon, Mr. McConnell advised that
two members of the Roanoke Arts Commission are working on a project to
catalogue pieces of art which will be digitally photographed, thereby enabling
photographs to be posted on a web-site to provide greater access to citizens.
Without objection by Council, the Mayor advised that the remarks of
Mr. McConnell would be referred to the City Manager for response.
VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES: Peter Lampman,
President, Virginia Amateur Sports, Inc., advised that for the year 2001, over 10,000
athletes participated in the Virginia Commonwealth Games and over the past 12
years, 100,000 athletes have competed in events in the Roanoke Valley. He stated
that approximately 9,000 athletes, over a three day period, provided an economic
impact of over $1.8 million, with approximately $9 million in indirect spending based
on a figure of $112.00 per day per person for sporting events in the Roanoke Valley
as provided by the Roanoke Valley Convention and Visitors Bureau. He added that
there was an $8.3 million overall economic impact on the Roanoke Valley as a result
of the 2001 Commonwealth Games of Virginia.
He expressed appreciation to the City of Roanoke for its assistance and
presented the Mayor with a plaque containing the following inscription:
562
City of Roanoke, 2001 Presenting
Commonwealth Games of Virginia
Sponsor,
(See summary of activities on file in the City Clerk's Office.)
READ MOUNTAIN PRESERVATION-ENVIRONMENTAL POLICY-GREENWAY
SYSTEM-WESTERN VIRGINIA LAND TRUST: William N. Gordge, Member, Citizens
Alliance for the Preservation of Read Mountain, requested a resolution of support
from the City of Roanoke for preservation of Read Mountain. He advised that Read
Mountain is one of the few remaining pristine undeveloped mountains in the
Roanoke Valley; land on the north is privately owned and subject to development
similar to that which has happened to many of the other mountains in the Roanoke
Valley; and owners of most of the upper slopes have expressed a willingness to sell
their land, or they have an interest in preserving the steep slopes and ridges of the
mountain. He explained that the Read Mountain Alliance has launched a grass roots
effort to preserve the mountain in its present undeveloped state; however, this effort
will require substantial citizen and agency involvement; and called attention to
support and assistance which has already been received from Roanoke County,
Botetourt County, the City of Roanoke, the Roanoke Valley Greenways Commission
and the Western Virginia Land Trust that will provide technical assistance in
obtaining grants from public and private sources. He noted that the Citizens
Alliance will seek sponsors from corporations, companies and individuals in a major
fund raising and inkind service campaign to provide for purchase of land and
conservation easements in order to turn the mountain into a park area.
He explained that it is in the best interest of the City of Roanoke to preserve
Read Mountain for the following reasons:
(1) To help preserve the impressive natural beauty of the City's northern
viewshed and also to help protect the view to the east for travelers entering
the Roanoke Valley from the north.
(2) An intact upland forest is vital to the City's subdivisions and other
properties in the shadow of the mountain for protection from storm water run
off and flooding.
(3) Almost the entire City lies within five miles of the proposed preserve,
offering citizens with easy access to future recreational benefits.
(4) The City's proposed Tinker Creek Greenway will pass nearby; studies
show a side trail to Read Mountain is feasible, greatly enriching the
greenway's recreational potential.
563
(5) Read Mountain's proximity to the City's new industrial park will be good
for business and preserve the natural beauty of the area, while offering
recreational opportunities close by to employees.
Mr. Gordge invited the Members of Council to a celebrity outing on Read
Mountain on Saturday, October 22, 2001.
Barbara Lemon, President, Western Virginia Land Trust, read a resolution
adopted by the Board of Trustees on August 1, 2001, advising that the Western
Virginia Land Trust has a vital interest in preserving the higher elevations of Read
Mountain, and offers to work in concert with property owners, citizens and the Read
Mountain Alliance to achieve these goals, and agrees to assist the Read Mountain
Alliance by providing technical and administrative support as necessary and
appropriate.
(For full text, see resolution on file in the City Clerk's Office.)
Following discussion of the matter, the City Manager was requested to
informally contact property owners in the Read Mountain area, as well as
Administrators in Roanoke County and Botetourt County for input and review of the
request; and the City Attorney was requested to prepare the proper measure of
support for preservation of Read Mountain for consideration by Council at its regular
meeting on Tuesday, September 4, 2001.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALTH'S ATTORNEY: Donald S. Caldwell,
Commonwealth's Attorney, presented information on the Cost Collection Unit which
is authorized pursuant to the Code of Virginia. He advised that there are three types
of programs that Commonwealth Attorneys across the Commonwealth of Virginia
may utilize to collect past due costs; i.e.: turn the costs over to the tax department,
hire a private collector, or establish an in house program whereby the locality agrees
to fund any loss that a program might incur; and in return, if the program is
successful, funds are divided between the locality and the State. He summarized a
report advising that during fiscal year 2000-01, approximately $500,000.00 was
collected in delinquent fines and costs that were due to the court system in Roanoke
City; approximately 82 per cent are fines that were collected under the Code of
Virginia and approximately 18 per cent were fines collected under local ordinance;
and after expenses were subtracted, the remainder was divided 50- 50 between the
State and the locality. He stated that in addition to fines and costs that are
collected, the Commonwealth of Virginia paid the City of Roanoke $57,000.00 for
taking the risk to implement the Cost Collection Program. He advised that since its
inception; the Cost Collection Program has been successful and has made money
for both the Commonwealth of Virginia and the City of Roanoke.
(See summary on file in the City Clerk's Office.)
564
Without objection by Council, the Mayor advised that the remarks of
Mr. Caldwell would be received and filed.
BUDGET-COMMONWEALTH'S ATTORNEY.DRUGS/SUBSTANCE ABUSE: A
communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney,
advising that Federal funding was made available to the State of Virginia to be used
for the development of several Multi-Jurisdictional Special Drug Prosecutors
statewide to coordinate prosecutorial efforts among independent jurisdictions, to
reduce fractional and duplicate prosecutions, to enhance the recovery of criminal
assets, to utilize federal, state and local resources to assure maximum prosecutorial
effectiveness and to provide specialized prosecutorial resources to the regional
drug enforcement effort, was before Council.
It was further advised that the Compensation Board approved funding for the
Drug Prosecutor, in the amount of $91,615.00 on April 29, 2001, and funding will
continue through June 30, 2002; local share cost is $20,730.00, for a total of
$112,345.00; local share funding of $12,560.00 is budgeted in the General Fund -
Transfer to Grant Fund Account No. 001-250-9310-9535, and $8,170.00 is budgeted
in the Contingency Account No. 001-300-9410-2199.
The Commonwealth's Attorney recommended that Council accept funds from
the Compensation Board, in the amount of $91,615.00, with the City of Roanoke
providing local share funds in the amount of $20,730.00; authorize the City Manager
to execute the requisite documents to obtain funding from the Compensation Board;
and authorize the Director of Finance to establish revenue estimates in the amount
of $112,345.00 in the Grant Fund and appropriate funds to certain expenditure
accounts.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a communication concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(ft35515-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
565
Mr. Harris moved the adoption of Ordinance No. 35515-082001. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
Mr. Harris offered the following resolution:
(#35516-082001) A RESOLUTION authorizing the acceptance of funding for the
regional drug prosecutor's office from the Compensation Board of the
Commonwealth of Virginia and authorizing the acceptance, execution and filing of
appropriate documents to obtain such funds.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35516-082001. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
BUDGET-COMMONWEALTH'S ATTORNEY: A communication from the
Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that in an effort
to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986,
the Federal government adopted a system of asset forfeiture whereby forfeited
assets, under certain conditions, could be returned to local law enforcement
agencies, police and prosecutors, for use in their fight against crime, was before
Council.
It was further advised that in August, 1991, a grant fund account for cash
assets forfeited to the Office of the Commonwealth's Attorney was established with
an appropriation of $25,000.00; since August, 1991, the Commonwealth's Attorney
has expended the $25,000.00 originally appropriated, and periodically receives
additional funds from the State's asset sharing program; grant requirements provide
that funds be placed in an interest bearing account and that interest earned be used
in accordance with program guidelines; revenues collected through June 30, 2001,
for the grant are $126,676.00, with $12,476.00 having been collected through
June 30, 2001; and funding received in excess of the revenue estimate totals
$62,789.00, and needs to be appropriated by Council.
566
The Commonwealth's Attorney recommended that Council authorize the
Director of Finance to increase the revenue estimate in the amount of $59,081.00,
plus $3,708.00 interest and appropriate funds to certain accounts as set forth in a
proposed budget ordinance.
(For full text, see communication on file in the City Clerk's Office.)
The City Manager submitted a communication concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35517-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Hudson moved the adoption of Ordinance No. 35517-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None .................................................................... - ........... -0.
BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of the following funds, was before Council:
$200,546.00 for the Reading Excellence Act grant for Virginia Heights
Elementary School. The funds will provide for elementary reading
instruction and intervention. A basic skills program which includes
staff development and remedial skills instruction will be implemented.
This new program is 100 percent reimbursed by Federal funds.
$252,555.00 for the Reading Excellence Act grant for Westside
Elementary School. The funds will provide for elementary reading
instruction and intervention. A basic skills program which includes
staff development and remedial skills instruction will be implemented.
This new program is 100 percent reimbursed by Federal funds.
567
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35518-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35518-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith
NAYS: None ............................................................................................ 0.
(Council Member Wyatt abstained from voting inasmuch as she is an educator at
Westside Elementary School.)
BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City
School Board advising that as the result of official School Board action at its
meeting on August 14, 2001, the School Board approved resolutions to participate
in the 2001 Interest Rate Subsidy Program Bond Sale - VPSA School financing
Bonds (1997 Resolution) Series 2001B; the proceeds of the bond issue will be used
in lieu of the Literary Fund loans approved by the State for Fairview Elementary
School and Fishburn Park Elementary School; and the School Board will pay the
debt service on the VPSA Interest Rate Subsidy Bond Issues, was before Council.
The School Board requested that Council adopt resolutions indicating that
Roanoke City desires to participate in the VPSA bond issue; and if the applications
are approved by the VPSA Board, Council will be requested to conduct public
hearings and to perform any other procedural matters that may be required for
participation in the bond issue.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
568
(#35519-082001) A RESOLUTION authorizing and directing the City Manager
to file an application with the Virginia Public School Authority seeking bond
financing in an amount not to exceed $2,750,000.00 to finance certain capital
improvements in connection with Fairview Elementary School, previously approved
pursuant to Resolution No. 35094-101600 and 35095-101600, adopted by the Council
at its October 16, 2000, meeting.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35519-082001. The motion
was seconded by Mr. Hudson.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., representing a non-profit
consulting ministry, the primary focus being the citizens of the City of Roanoke,
expressed general concerns as a business owner in the City of Roanoke. He
commended Council Member Hudson on his "bull doggedness" as an individual
who is interested in seeing democracy at its finest. He stated that truth and
accountability are needed in view of the millions of dollars that have been spent and
allocated to numerous City projects during the past year; and the $31 million bond
issue is unprecedented in the City of Roanoke, because that amount of bonds has
not previously been authorized without citizen input, and it is an outrage that the
bonds can be issued without holding a referendum. He stated that when he
requested more specific information on how the $31 million would be spent, no
detail was available to him as a citizen of Roanoke. He advised that he was raising
the issue under this specific agenda item because there are so many ongoing
projects in Roanoke City that it is difficult for the average taxpayer to keep up with
what the City is doing. He stated that there is not enough accountability in City
government and there are a number of issues on today's agenda that underscore his
position. He requested specific detail on the $31 million bond issue, with a
summary of how the funds will be divided among the various projects listed.
Resolution No. 35519-082001 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None
Mr. Harris offered the following resolution:
(#35520-082001) A RESOLUTION authorizing and directing the City Manager
to file an application with the Virginia Public School Authority seeking bond
financing in an amount not to exceed $2,500,000.00 to finance certain capital
569
improvements in connection with Fishburn Park Elementary School, previously
approved pursuant to Resolution Nos. 34804-051500 and 34805-051500, adopted by
the Council at its May 15, 2000, meeting.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35520-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
NEWSPAPERS: A communication from David A. Bowers, Attorney, advising
that he and John H. Kennett, Jr., Attorney, represent Roger Roberts of Diamond
Point, Inc., owner of real estate located at 121 West Campbell Avenue in downtown
Roanoke, who is aggrieved by the proposed expansion of The Roanoke Times
manufacturing plant which is proposed for development behind his luxury
apartments/townhouse, was before Council.
It was further advised that it has been reported that the City of Roanoke has
arranged special economic development funding for the expansion; Mr. Roberts
would like to receive more information regarding the arrangements; whereupon, it
was requested that the information be provided so that Mr. Bowers might appear
before the Council, if necessary, at its next meeting on Tuesday, September 4, 2001.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., representing a non-profit
consulting ministry, the primary focus being the citizens of the City of Roanoke,
advised that citizen concerns are being discarded in favor of business interests,
The Roanoke Times has given up objectivity for its own business interests and
expansion, and it is likely that certain support and incentives have been requested
of the City. With the stated concerns of taxpayers regarding changes to the refuse
collection program, the fire station proposal and a number of other recent projects,
he advised that his concern relates to the lack of accountability in the City processes
to the taxpayer, with a City administration and City boards and commissions that are
overloaded with business interests to the detriment of the interest of taxpayers in
general. He stated that The Roanoke Times should not allow, nor should it seek
favors from City government, especially for a project that potentially compromises
the rights of citizens and other businesses. He added that The Roanoke Times
570
objectivity in its reporting of City government and its associated entities such as the
school system, or the Parks and Recreation Department and others has been
increasingly "watered down" in recent years and very government friendly. He stated
that the newspaper clearly has other options in terms of construction sites and
should explore those options in the name of credibility and in the name of an effort
to regain its objectivity and to minimize a growing perception by citizens that it is
"cozy" with City government. He advised that major accountability is needed in City
government and its administration.
Following discussion, the Mayor advised that without objection by Council,
the communication from Mr. Bowers would be referred to the City Attorney for
response.
The City Attorney pointed out that Mr. Bowers was requesting that the matter
be placed on the September 4 Council agenda for discussion; whereupon, it was the
consensus of Council that it would be appropriate for the City Attorney to respond
to Mr. Bowers communication, in writing, and if Mr. Bowers wishes to appear before
Council at a future City Council meeting, he may do so.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-HOUSING/AUTHORITY: The City Manager submitted a
communication advising that historically, the Roanoke Redevelopment and Housing
Authority has administered a variety of HOME-funded housing programs for the City;
on May 7, 2001, Council authorized the Housing Authority's 2001-2002 HOME
activities and funding pursuant to Resolution No. 35319-050701, which approved
submission of the City's 2001-2002 Consolidated Plan Annual Update to the U. S.
Department of Housing and Urban Development; Council accepted 2001-2002 HOME
funds on June 18, 2001, pursuant to Budget Ordinance No. 35404-061801 and
Resolution No. 35405-06'1801, contingent upon receipt of HUD's approval letter; in
order for the Housing Authority to provide eligible City homeowners and home
buyers with housing activities approved in the Consolidated Plan, authorization by
Council to execute an agreement with the Housing Authority is needed; and a total
of $1,063,756.00 is being provided to the Housing Authority, of which $521,500.00 is
to complete projects which were in progress on June 30, 2001.
571
The City Manager recommended that she be authorized to execute the 2001-
2002 HOME Agreement with the Roanoke Redevelopment and Housing Authority.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35521-082001) A RESOLUTION authorizing the appropriate City officials to
enter into the 2001-2002 HOME Investment Partnerships (HOME) Program Agreement
with the Roanoke Redevelopment and Housing Authority, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35521-082001. The motion
was seconded by Mr. Carder.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., representing a non-profit
consulting ministry, the primary focus being the citizens of the City of Roanoke,
advised that HOME funds are part of a collection of funds that includes Community
Development Block Grant funds. He called attention to the City Manager's proposal
to relocate Social Service offices to the former Sears building on Williamson Road,
necessitating building renovations; and the City Manager's statement with regard
to moving offices of the Roanoke Redevelopment and Housing Authority into the
space to be vacated by Social Services in Municipal South. He expressed concern
with regard to housing the Roanoke Redevelopment and Housing Authority offices
under the same roof with City offices and the expenditure of funds for renovation
costs. In addition, he called attention to expenditures relating to GOB South
apartments, the bio-med park on South Jefferson Street, Lincoln 2000, the former
Zimmerman property on Salem Avenue, the Art Museum and IMAX Theatre, the
parking garage on Henry Street, the Roanoke Higher Education Center, First Street
Bridge, Explore Park, the new police building, the Market Street Bridge, the new
stadium/amphitheater, and proposed Fire Department improvements, all of which
add up to over $100 million worth of development to be spent, has been spent, or
scheduled to be spent by Council and the City administration, all within
approximately the past ten years, which represents a considerable sum of money
with little accountability to taxpayers. He inquired if each of these projects will
receive individual audits as a part of the process so as to provide accountability of
taxpayer dollars. He stated that several of the abovereferenced projects are joint
projects with the Roanoke Redevelopment Housing Authority, featuring HUD and
Section 108 loans, with Community Development Block Grant funds used as security
collateral for the notes. He advised that the amount of CDBG funds received by a
locality are, in part, based on the amount of deterioration and poverty of the
community.
572
Resolution No. 35521-082001 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
BUDGET-SEWERS AND STORM DRAINS-EROSION/SEDIMENT CONTROL-
EQUIPMENT: The City Manager submitted a communication advising that the City
of Roanoke completed construction of the Roanoke River Interceptor Sewer
Replacement Project in July 2000; the project replaced the old sewer that was
installed in approximately 1950; it was necessary to keep the old sewer in service
while the new sewer was being built; once completed, sewer flows were transferred
to the new sewer; the proposed contract will provide for inspection of the old sewer
by remote television cameras, cleaning of the sewer, and identification and location
of unknown active sewer service connections; and information provided by the
inspection will allow staff to systematically transfer any unknown service
connections to the new sewer and evaluate the feasibility of rehabilitating the old
sewer to provide additional future capacity.
It was further advised that the project was properly advertised, with the lowest
bid having been submitted by Heitkamp, Inc., and its Division TRB Specialty
Rehabilitation, in the amount of $576,745.00 with 90 days of contract time; it is
recommended that funding in the total amount of $635,000.00 be transferred to a
new account; and additional funding in excess of the contract amount will be used
for miscellaneous project expenses, including advertising, printing, testing services,
minor variations in bid quantities and unforeseen project expenses.
The City Manager recommended that Council accept the bid of Heitkamp, Inc.,
and its Division TRB Specialty Rehabilitation, in the amount of $576,745.00, with 90
days of contract time for the proposed work; and transfer $435,743.00 from Account
No. 003-056-8485 and $199,257.00 from Account No. 003-056-8484, for a total amount
of $635,000.00, to a new account entitled Roanoke Interceptor TV Inspection.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35522-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Sewage Treatment Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
573
Mr. Harris moved the adoption of Ordinance No. 35522-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
Mr. Harris offered the following emergency ordinance:
(#35523-082001) AN ORDINANCE accepting the bid of Heitkamp, Inc., and its
Division TRB Specialty Rehabilitation, to provide for the inspection of the old sewer
by remote television cameras, cleaning of the sewer, and the identification and
location of unknown active sewer service connections to the Roanoke River
Interceptor Sewer, upon certain terms and conditions and awarding a contract
therefor; authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35523-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
REGIONAL CHAMBER OF COMMERCE-COMMUNITY PLANNING-GRANTS: The
City Manager submitted a communication advising that since 1998, the Chamber of
Commerce has conducted a "Community Business Development Initiative" program
designed to promote business development in the central City; on May 7, 2001,
Council authorized the Chamber's 2001-02 CDBG activities and funding, pursuant
to Resolution No. 35319-050701, which approved submission of the City's 2001-02
Consolidated Plan Annual Update to the U. S. Department of Housing and Urban
Development; Council accepted 2001-02 CDBG funds on June 18, 2001, pursuant to
budget Ordinance No. 35406-070201 and Resolution No. 35407-061801, contingent
upon receipt of an approval letter from HUD; in order for the Chamber of Commerce
to provide business development activities approved in the Consolidated Plan,
authorization by Council to execute an agreement with the Chamber of Commerce
is needed; and a total of $125,000.00 in CDBG funds will be provided to the Chamber
of Commerce for the period of July 1, 2001 to June 30, 2002.
574
The City Manager recommended that she be authorized to execute the 2001-02
CDBG Agreement with the Chamber of Commerce.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35524-082001) A RESOLUTION authorizing the execution of an agreement
with the Roanoke Regional Chamber of Commerce for administration of Community
Development Block Grant (CDBG) funds for FY 2001-2002 for services related to the
promotion and development in the central area of the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35524-082001. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
BUDGET-GRANTS-JUVENILE CORRECTIONAL FACILITIES: The City Manager
submitted a communication advising that the Department of Criminal Justice
Services notified Roanoke City and Roanoke County in March, 2001 of an allocation
of funds under the Juvenile Accountability Incentive Block Grant Program (JAIBG);
allocation of $44,795.00 in Federal funds was awarded jointly to the two
jurisdictions, with a local match of $4,978.00.00 required; the allocation formula
provides $32,522.00 Federal, with a $3,614.00 match for Roanoke City and $12,273.00
Federal, with a $1,364.00 match for Roanoke County; staff from both jurisdictions
have met and developed program proposals for use of funding; Roanoke Countywill
provide a substance abuse intervention education program through the schools;
Roanoke City, in collaboration with the Boys & Girls Clubs, will provide services to
students suspended or otherwise absent from school during the day; funding for the
City's match of $3,614.00 is included in Account No. 001-630-5330-2010, State/Local
Hospitalization; and Roanoke City will serve as fiscal agent for the funds.
The City Manager recommended that she, or her designee, be authorized to
accept the grant allocation of $32,522.00 (Roanoke City) and $12,273.00 (Roanoke
County), for a total amount of $44,795.00; execution of an agreement with the
Department of Criminal Justice Services for said funds, and appropriation of
$3,614.00 from Account No. 001-630-5330-2010, State/Local Hospitalization, to an
575
account for JAIBG allocation to be established by the Director of Finance; and
authorize the Director of Finance to establish appropriation amounts and revenue
estimates for said grant.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35525-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Harris moved the adoption of Ordinance No. 35525-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
Mr. Harris offered the following resolution:
(#35526-082001) A RESOLUTION authorizing the acceptance of funding from
the Department of Criminal Justice Services under its Juvenile Accountability Block
Grant Incentive Program, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Harris moved the adoption of Resolution No. 35526-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
PARKS AND RECREATION-FEE COMPENDIUM: The City Manager submitted
a communication advising that Parks and Recreation staff have reviewed current
fees charged for park shelters, recreation centers, athletic fields, etc., and made
recommendations for certain changes; many of the fees have not been changed
since 1990, however, proposed fee increases have been kept to a minimum to cause
576
the least possible impact on citizens; in most cases, increases are less than the rate
of inflation; basic services remain free to Roanoke's citizens; fee changes involve
the cost of providing services or facilities as requested by a citizen over and above
basic citizen use; and offering such services involves provision of additional
resources such as staff, more hours of heating or cooling facilities, and/or special
preparatory cleanings and maintenance.
It was further advised that the proposed increases are compatible to similar
facilities in surrounding jurisdictions and reflect the rising costs of providing
services, especially in such areas as utilities, custodial and staffing costs; in some
cases, refundable damage deposits have been recommended, which are requested
in situations where experience has taught the Department that they are necessary;
additional funding derived from fee increases will be used to improve services at
Parks and Recreation facilities; as a result of Council's work session on August 6,
changes have been made to recommended fees and Parks and Recreation staff has
met with the Superintendent of Schools to discuss fees and special consideration
has been given to Roanoke City Public Schools, as well as Neighborhood
Partnership organizations, in developing the recommended fee structure.
The City Manager recommended that Council adopt certain fee changes,
effective September 1, 2001, thereby providing staff of the Parks and Recreation
Department with sufficient time to notify customers of fee changes.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35527-082001) A RESOLUTION amending the City's Fee Compendium to
provide for revised fees for use of City park facilities and services in order to update
current fees and promote uniformity with fees charged by the City and surrounding
localities; and providing an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35527-082001. The motion
was seconded by Mr. Harris.
Prior to hearing from Mr. Martin Jeffrey who had signed up to address the
item, Mr. Bestpitch raised a point of order. He advised that it was his understanding
that the reason Council provides an opportunity for citizens to speak on matters
before Council is to receive citizen input on whether Council should vote for or
against the motion that is currently on the table. He requested that Mr. Jeffrey's
comments be germaine to the motion on the floor and provide Council with an
indication of his sense of whether Council should vote for or against the motion,
577
and if there are other general comments or concerns that citizens would like to
address, they are given that opportunity under the Other Hearings of Citizens section
of the Council agenda.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S.W. advised that he made specific
reference to the issue on each previous agenda item to which he spoke, and if the
procedure for addressing Council as a body has changed, it should be placed in
writing as a policy of Council and not as an individual Council Member lashing out
at a taxpayer.
He stated that Council should vote against the item because, in effect, it taxes
citizens two times for a service and the proposed increases are unreasonable and
provide for more than a 200 per cent increase on some fees. He added that the
citizens of Roanoke pay taxes for the maintenance of City parks, and if the Parks and
Recreation Department needs more funds to operate, the City should look to the
undesignated fund balance to provide more money for Parks and Recreation
operations. He stated that more accountability is needed in City government and its
processes.
Mr. Hudson expressed concern that because of increased fees, City residents
might be forced to use the park facilities of surrounding localities. He inquired as
to comparative figures of surrounding jurisdictions for use of parks and recreation
facilities.
The following vote was recorded on the resolution:
AYES: Council Members Bestpitch, Carder, Harris, White and Mayor Smith
NAYS: Council Member Hudson ................................................................ 1.
(Council Member Wyatt abstained from voting because she had not received
responses to her questions which were raised at the August 6, 2001, Council
meeting.)
During the roll call on the resolution, Mr. Hudson originally voted yes;
however, before the roll call was completed, he requested, and the Council
concurred in his request to change his yes vote to a no vote; whereupon, the
suggestion was made that the matter should be tabled until all questions of Council
have been addressed by the City Manager.
Having voted with the majority for adoption of the above referenced
resolution, Mr. Harris moved for a reconsideration of the matter. The motion was
seconded by Mr. Carder and unanimously adopted.
578
There was discussion with regard to whether comparable fees are charged by
surrounding Roanoke Valley localities, in which the City Manager explained that the
proposed fees are for exclusive use of facilities by individuals and groups; and an
attachment to the report provides special exceptions for neighborhood groups, civic
organizations and teacher sponsored events. She stated that no communication
was sent to Council setting forth a comparison of charges by other jurisdictions in
the Roanoke Valley; however, if that is the request of Council, she would provide the
information, and it is believed that the City's rates are comparable to other Roanoke
Valley jurisdictions.
Following discussion of the matter, it was the consensus of Council that the
City Manager would provide a detailed analysis of charges administered by other
Roanoke Valley jurisdictions for use of park facilities.
Mr. Bestpitch offered the following resolution:
(#35527-082001) A RESOLUTION amending the City's Fee Compendium to
provide for revised fees for use of City park facilities and services in order to update
current fees and promote uniformity with fees charged by the City and surrounding
localities; and providing an effective date.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Bestpitch moved the adoption of Resolution No. 35527-082001. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White and
MayorSmith ............................................................................................. -7.
NAYS: None ........................................................................................... -0.
PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a
communication advising that the Capital Maintenance and Equipment Replacement
Program (CMERP) for the prior year identified the need to replace one hydraulic
crane for Parks and Recreation and a cab and chassis; the lowest bid meeting
specifications for the cab and chassis was submitted by Magic City Motor
Corporation, in the amount of $43,888.00; the lowest bid for the hydraulic crane was
submitted by Power Line Rent Equipment, Inc., however, the bidder took exceptions
to the required boom length, jib, basket capacity and outrigger specifications; these
exceptions are considered to be substantial and cannot be waived as informalities,
thus the bid of Power Line Rent Equipment, Inc., is non-responsive; the lowest bid
579
meeting specifications for the hydraulic crane was submitted by J. W. Burress, Inc.,
in the amount of $69,988.00; and funding is available from the SunTrust Lease of
Vehicles, Account No. 017-440-9851-9015.
The City Manager recommended that Council accept the bid of Magic City
Motor Corporation for one cab/chassis, in the amount of $43,888.00 and the bid of
J. W. Burress, Inc., for a hydraulic crane, in the amount of $69,988.00; and reject all
other bids received by the City.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35528-082001) A RESOLUTION accepting two bids for the purchase of one
(1) hydraulic crane and one (1) cab/chassis upon certain terms and conditions,
finding that the Iow bidder with regard to the hydraulic crane did not provide a
responsive bid, and rejecting all other bids made for such equipment.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Hudson moved the adoption of Resolution No. 35528-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. 7.
NAYS: None ............................................................................................ 0.
BUDGET-FDETC: The City Manager submitted a communication advising that
the Fifth District Employment and Training Consortium (FDETC) administers the
Federally funded Workforce Investment Act (WIA) for the region, which
encompasses the Counties ofAIleghany, Botetourt, Craig, Franklin and Roanoke, as
well as the Cities of Covington, Roanoke and Salem; and Workforce Investment Act
funding is for two primary client populations:
Dislocated workers who have been laid off from employment through
no fault of their own, and
Economically disadvantaged individuals as determined by household
income guidelines set by the U. S. Department of Labor.
It was further advised that the City of Roanoke serves as grant recipient and
fiscal agent for FDETC funding, therefore, Council must appropriate funds for all
grants and other monies received by the FDETC.
580 -
It was explained that the State office of the Virginia Employment Commission
(VEC) has sent the Consortium notice of an award in the amount of $10,000.00 to
purchase stationery, business cards, publications and signs, which contain the
official Virginia Workforce Logo; CDBG funds were awarded to the FDETC for project
management and administration of the Employment Training Program, in the amount
of $43,000.00; and jurisdictions in the Fifth Planning District, which include the Cities
of Salem, Covington, and Roanoke, and the Counties of Roanoke, Alleghany,
Botetourt, Craig and Franklin contribute funds to offset the agency's administrative
costs; and Botetourt County has sent a contribution of $1,770.00 for the fiscal year
2001.
The City Manager recommended that Council appropriate the Consortium's
funding totaling $54,770.00 and increase the revenue estimate by $54,770.00 in
accounts to be established in the Consortium Fund by the Director of Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35529-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35529-082001. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-GRANTS-LIBRARIES-EQUIPMENT: The City Manager submitted a
communication advising that the Raleigh Court and Williamson Road Branch
Libraries have each been awarded a grant of $11,400.00 by the Library of Virginia to
purchase four computers for each branch; and these branches were not eligible for
the grant from the Bill & Melinda Gates Foundation which was received by other
branch libraries.
The City Manager recommended that Council accept the Library of Virginia
Grant and that she be authorized to execute grant documents upon form as
approved by the City Attorney; establish revenue estimates of $22,800.00 in
581
accounts to be established by the Director of Finance in the Grant Fund; and
appropriate funds totaling the same in accounts to be established by the Director of
Finance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35530-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35530-082001. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
Mr. Carder offered the following resolution:
(#35531-082001) A RESOLUTION accepting a Library of Virginia Grant to the
Raleigh Court and Williamson Road branches of the Roanoke City Public Library for
the purchase of four computers for each branch, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35531-082001. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
Council Member Wyatt requested a report on the number of computers in the
main library and each branch library.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that for fiscal year 2001, Congress appropriated funds for
continuation of the Local Law Enforcement Block Grant (LLEBG) Program, to be
582 -
administered by the Bureau of Justice Assistance and the U. S. Department of
Justice; the purpose of the grant program is to provide funds to units of local
government to underwrite projects to reduce crime and to improve public safety; the
City of Roanoke has been awarded an amount of $140,859.00, and grant conditions
require a local match of $15,651.00, for a program totaling $156,510.00, for the period
October 1, 2001 through September 30, 2003; and if accepted, the grant award will
renew Roanoke's Local Law Enforcement Grant Program for the sixth consecutive
year.
It was further advised that grant funds will be used for payment of overtime
to presently employed law enforcement officers for the purpose of increasing the
number of hours worked by such personnel, procuring equipment, training and other
materials directly related to basic law enforcement functions, and Police bicycle
patrol directed at specific/problem areas or neighborhoods will be expanded through
implementation of the program.
It was explained that the grant program requires that all grant funds
($156,510.00) be placed in an interest bearing account; based on interest earned
during each of the past five years of funding, interest earnings of $5,000.00 are
projected; and local cash match of $15,651.00 is available in the Police Department's
State Asset Forfeiture account, Account No. 035 050 3302 2149.
The City Manager recommended that she be authorized to accept the grant
and execute any required documentation; and that Council appropriate $161,510.00
to certain grant fund accounts to be established by the Director of Finance in the
following amounts:
Police Overtime
FICA
Expendable Equipment
Training and Development
Total
$134,840.00
11,170.00
15,000.00
500.00
$161,510.00
Itwas further recommended that revenue estimates be increased in accounts
to be established by the Director of Finance; and authorize unexpended grant funds
to draw interest in accordance with grant requirements.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35532-082001) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64.)
583
Mr. Hudson moved the adoption of Ordinance No. 35532-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
Mr. Carder offered the following resolution:
(#35533-082001) A RESOLUTION authorizing the acceptance of a certain Local
Law Enforcement Block Grant from the United States Department of Justice, and
authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 64.)
Mr. Carder moved the adoption of Resolution No. 35533-082001. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White,
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
FIRE DEPARTMENT-LEASES: The City Manager submitted a communication
advising that the Cities of Salem and Roanoke currently have fire "mutual aid"
agreements with each other; additionally, both jurisdictions are part of a statewide
mutual aid agreement, which have specific provisions that require the jurisdiction
needing assistance to make a formal request to the providing agency; the proposed
agreement takes mutual aid one step further to "automatic aid", which is defined as
the appropriate response to an incident, initiated through the 9-1-1 system of the
jurisdiction in which the incident is occurring, without being specifically requested;
response zones are pre-determined and fire resource committed based on terms of
the agreement, usually response time or distance; and as required by law, each
party will be required to indemnify the other party from all claims by third persons
for property damage, personal injury, or death which may arise out of activities of
the assisting party.
It was further advised that concurrent with the approval of the automatic aid
agreement with the City of Salem, authorization for termination of the lease for Fire
Station No. 12, located at 4810 Salem Turnpike, N. W., is requested; the lease
agreement requires 90 days written notification prior to termination; the primary area
currently served by Fire-EMS Station No. 12 will receive fire and rescue services
584
from Fire-EMS Station No. 13, located at 4330 Appleton Avenue, N. W., and Station
No. 4, 3763 Peters Creek Road, in addition to fire response from the City of Salem;
and the level of emergency response from these locations will provide fire and
emergency medical services which are comparable to other sections of the City that
have similar service needs and will meet the requirements of the annexation
agreement.
The City Manager recommended that she be authorized to execute the
Memorandum of Agreement for Mutual Automatic Aid for Fire Protection Services
with the City of Salem, such agreement to be approved as to form by the City
Attorney and provide notice of termination of the lease of Fire Station No. 12.
The City Manager called attention to a revised measure that was placed before
Council prior to the meeting which provides for further clarification of the
termination clause and a provision that during the implementation period, Council
will receive monthly status reports detailing the progress made by the transition
team.
Mr. White offered the following revised ordinance, with deletion of the
emergency clause, for its first reading:
(#35534-082001) AN ORDINANCE authorizing an agreement with the City of
Salem, Virginia, to provide mutual automatic aid for fire protection services within
designated areas; and authorizing notice of termination of the lease for the fire
station located at 4810 Salem Turnpike, N.W.; and providing for an emergency.
(For full text of Resolution, see Resolution Book No. 64.)
The motion was seconded by Mr. Carder.
Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., advised that the issue relates
to accountability, and requested that Council delay action on a vote to terminate the
lease of Fire Station No. 12, because the perception of security is what taxpayers'
comfort and insurance rates are predicated upon. He pointed out that the Fire Chief
stated in a meeting on July 30 that the Fire Department's response time projections
under the proposed new plan did not take into account the City's topography;
whereupon, Mr. Jeffrey stressed the importance of the comprehensive analysis
factoring in response times due to topography issues. He stated that this is
especially troubling because one of the Fire Department's primary reasons for the
proposed change in its business plan dealt with the addition of larger fire fighting
apparatus that climb hills slowly; Roanoke has many steep hills in its residential
areas and the Autumn Lane area is no exception, with more steep hills per square
block than most City neighborhoods of its size. He added that the City says it is
committed to its neighborhoods, to citizen participation, to quality of life, to listening
585
and valuing taxpayer concerns and to placing those concerns over and above
rushing to spend tax dollars at whatever cost. He advised that the request before
Council is a glaring example of acute lack of accountability by the City
administration to the taxpayers of Roanoke. He stated that his remarks were made
in the context of helping his fellow taxpayers and to encourage citizens to ask more
questions, attend Council meetings and to look at who is benefitting from project
dollars.
Mr. Hudson advised that he is a strong advocate of valley cooperation;
however, he could not vote for something that will jeopardize the safety of
Roanoke's citizens. He expressed concern that the provisions of the 1976
annexation decree will not be honored if Fire Station No. 12 is closed.
Ms. Wyatt advised that certain commitments were made to the citizens of the
Peters Creek Road area in the 1976 annexation decree, and she could not be a party
to any action that does not honor those commitments. She advised that it was not
her goal to "nit pic" the procedure, but as a result of past experience, it is important
that a plan be fully organized before it is implemented. She stated that a regional
fire/ems system is needed, but Council has a responsibility to ensure that it is the
right step by honoring commitments that were previously made to citizens.
Mr. Carder advised that no safety issues are involved; at some time in the
future, it will be necessary to move toward a regional fire/ems operation and if
Council "nit pics" every idea, regional service will be difficult to achieve. He stated
that the proposal calls for a six month study, therefore, the matter can be revisited
if necessary; the proposal represents Valley cooperation; response times are more
than adequate; it is recognized that there are areas on the south side of the City that
are in need of better fire/rescue protection and the agreement will benefit the citizens
of Roanoke. He advised that the City of Roanoke cannot continue to be an "island"
in terms of fire/ems coverage, and there is a strong need to regionalize service.
Mr. Bestpitch pointed out that the revised ordinance provides an opportunity
to send a message that since the emergency clause has been deleted, the ordinance
will be voted on by Council on its second reading on Tuesday, September 4, to be
effective ten days thereafter, with the termination notice for Fire Station No. 12 to go
out on October 1. He stated that passing the measure on its first reading today
sends a message to the transition team that it should take its responsibilities very
seriously, address concerns and resolve issues to provide for the kind of progress
that will lead to an integral piece of a larger effort to move toward a regionalized
fire/ems system that will provide better protection to the citizens of the Roanoke
Valley as a whole in a much more efficient manner than continuing to maintain two
separate systems.
Mr. Harris advised that serving on Council is a matter of honoring public trust,
and when the area was annexed to the City, certain promises were made and
expectations were put forth about various services that would be rendered, many of
586 -
which have not developed 25 years after the annexation decree. He stated that he
would like for the arrangement with the City of Salem to be successful and spoke in
favor of a regionalized approach to public safety services; however, he expressed
concern over an unspoken caveat which is: if the proposal does not work for
whatever the reason, once the lease on Fire Station No. 12 is terminated, there will
be no guarantee that Station 12 will reopen, because the lease is no longer in
perpetuity. For that reason, he advised that he would vote against the ordinance;
however, he is hopeful that the arrangement with the City of Salem will be
successful.
The Mayor advised that it is a question of treating all citizens as equally as
possible. He stated that it has been explained that it may take 10 - 15 seconds
longer to address some areas of the City in the range of Fire Station No. 12, but the
proposal will enhance response times by reducing those times by three to four
minutes or more in certain other areas of the City which is a net gain, therefore, the
immediate neighborhood in general will have better response times than the majority
of the City. He advised that Fire Station No. 12 was developed many years ago, fire
equipment and apparatus have been upgraded and there are new and better
roadways in Roanoke's neighborhoods, all of which contribute to faster response
times.
The City Manager pointed out that there will be the deployment of an
additional ambulance in the Peters Creek Road area which is an area of the City that
has a high demand for ambulance service.
Ordinance No. 35534 on its first reading, was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, White and Mayor
Smith ...................................................................................................... -4.
NAYS: Council Members Wyatt, Harris and Hudson ..................................... 3.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted a written report transmitting unaudited financial statements for
the fiscal year ended June 30, 2001, which are provided for planning purposes.
He advised that the amounts reported may change during the course of the
City's annual external audit; and a discussion of the City's General Fund operations
for fiscal year 2001 is as follows: revenue estimate from all sources was
$183,974,493.00, while actual collections totaled $186,641,942.00; total General Fund
revenues collected increased 2.92 percent and exceeded the estimate by 1.45
587
percent; the most anxiously awaited information at year end is the amount of
designated funding for the Capital Maintenance and Equipment Replacement
Program (CMERP); Council adopted Ordinance No. 26292 on December 6, 1982,
establishing a reserve of General Fund balance for CMERP; computed per the
requirements of Ordinance 26292, CMERP for fiscal year 2001 for the Schools is
$814,204.00 and $5,454,530.00 for the City, for a total of $6,268,734.00, or 3.25
percent of General Fund appropriations; and the following allocation has been
calculated based on the Revenue Allocation Model used for the adopted budget:
City Operations
School Operations
Total General Fund CMERP
$ 5,454,530.00
814,204.00
$ 6,268,734.00
The Director of Finance reiterated that the General, School and School Food
Services Fund amounts discussed in the report are unaudited and subject to change
during the course of the City's external audit; and a comprehensive financial report
of all funds of the City will be included with the annual financial report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that a portion of the undesignated fund balance be used
to enhance teacher salaries.
The motion failed for lack of a second.
The Mayor requested information on the fiscal year 2000 comparative figure
for the "Transfer to Debt Service Fund".
Without objection by Council, the Mayor advised that the report would be
received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
588
BUDGET-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Carder commended the
City administration/City staff on measures which were taken that resulted in the
City's unaudited year end fund balance as previously reported by the Director of
Finance.
COUNCIL-BONDS/BOND ISSUES-REFUSE COLLECTION: Council Member
Hudson expressed appreciation to those citizens of Roanoke who have supported
him in his position regarding curbside refuse collection and a bond referendum on
the $31 million bond issue.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard; and matters
requiring referral to the City Manager will be referred, without objection by Council,
for response, report and recommendation to Council.
COMPLAINTS-REFUSE COLLECTION: Ms. Harriet W. Stanley, 1424 West
Drive, S. W., presented a prepared statement and requested that her status on the
physically challenged list for solid waste collection be immediately and permanently
restored.
(See communication on file in the City Clerk's Office.)
Mr. Bestpitch advised that Ms. Stanley's communication states, in part, as
follows: "Mr. Bestpitch stated that he would not help me as trash collection was not
as big a priority to him as recycling". He stated that this is a misrepresentation of
his conversation with Ms. Stanley, when, in fact, he advised Ms. Stanley that he
could not answer her question at that time, but he would talk with the City Manager
and a response would be provided as soon as possible. He advised that after
personally viewing Ms. Stanley's driveway, and based on her description regarding
the physical impossibility of moving her blue refuse container from the end of her
driveway to the street, he expected to see some configuration of a driveway that was
unusual; however, it was a typical driveway of about the same width of any driveway
in the City and did not appear to be difficult in any way to maneuver. He stated that
because of the topography and the design of Ms. Stanley's property, he would
support an exception in her specific situation to the requirement of taking the can
to the rear of the house, but that would be the only reasonable exception to consider
at the time.
COMPLAINTS-COUNCIL-CITY GOVERNMENT: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., expressed concern that there needs to be better communication
between Council and the citizens of Roanoke. She advised that Roanoke is not a
participatory government because citizens are not allowed to engage in dialogue
589
with Council Members, citizens are given only five minutes at Council meetings to
make remarks, and they are not permitted to address Council in work sessions.
At 5:35 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 5:45 p.m., in the Emergency Operations Center Conference Room,
Room 159, Noel C. Taylor Municipal Building, for a joint meeting of City Council and
the School Board.
A joint session of Roanoke City Council and the Roanoke City School Board
was called to order at 5:45 p.m., in the Emergency Operations Center Conference
Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with
Mayor Ralph K. Smith and Chairman Sherman P. Lea presiding.
COUNCIL MEMBERS PRESENT: Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and
Mayor Ralph K. Smith ..................................................................................... 7.
SCHOOL TRUSTEES PRESENT: Charles W. Day, Marsha W. Ellison,
Gloria P. Manns, Melinda J. Payne, Ruth C. Willson, Brian J. Wishneffand Chairman
Sherman P. Lea .............................................................................................. 7.
STAFF PRESENT: Representing Roanoke City: Darlene L. Burcham, City
Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance;
Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor. Representing Roanoke
City Schools: Dr. E. Wayne Harris, Superintendent; Richard L. Kelley, Assistant
Superintendent for Operations; Elizabeth K. Dillon, Assistant City Attorney; and
Cindy H. Lee, Clerk to the Board.
Following dinner, the business portion of the meeting convened at 6:15 p.m.
It was the consensus of Council Members and School Trustees that the order
of the agenda would be changed to address an item regarding audit expectations
first.
Chairman Lea advised that four years ago, the School Board voluntarily
entered into an agreement with the Municipal Auditor's Office to expand the audit
process beyond auditing just the School Activity Fund, and the audit now involves
auditing school departments and offices by examining records, procedures and
practices. He stated that the School Board and the Superintendent of Schools have
supported the audit expansion process because audits identify practices that need
to be changed and improvements that need to be made to enhance operation
efficiencies, and after four years, it is still the belief of the School Board that audits
serve a useful purpose. He added that since the beginning of the expanded audit
process, five audits have been completed and a copy of the most recent audit of the
Human Resources Department and the administrator's response has been provided
to Council. He noted that three audits of the Human Resources Department have
590
occurred during the past four years; the 1999 audit involved more time because of
the many functions, range, responsibilities and complexities of the department; in
1999 and 2000, Human Resources audits contained a number of recommendations,
most of which have been acted upon and those audits contained no findings or
recommendations which focused on hiring practices related to criminal records. He
added that both audits focused on issues surrounding records documentation and
management; and during the two audits, auditors complimented the Human
Resources Department on its cooperation and willingness to address
recommendations. He advised that the most recent Human Resources audit
included 11 recommendations, the administrator's response includes acceptance
and positive action on 8 of the 11 recommendations; and the School Board has
agreed to consider Recommendation No. 6 pertaining to development of standards
following a departmental review by Human Resources experts of the Human
Resources Department during the month of October 2001. He advised that when the
audit process was expanded four years ago, the Superintendent of Schools and the
Municipal Auditor verbally agreed to the process that would be used and a meeting
has now been scheduled by the Superintendent of Schools and the Municipal
Auditor to discuss how the audit process could proceed in the future, and during
this meeting, a written agreement will be developed that will enhance the process
by defining the scope and sequence of future audits.
Council Member White, Chair, City of Roanoke Audit Committee, spoke in
support of formalizing the audit process, and called upon the City Attorney for a
briefing in regard to legal issues.
The City Attorney advised that the City Charter provides that Council, in its
discretion may, by ordinance, provide for an audit of both the affairs and records of
the School Board by either the Municipal Auditor, or by any other competent person
or firm selected by Council. He called attention to an opinion from the Attorney
General of Virginia, copy of which was previously provided to Council, with regard
to authority by the governing body to audit affairs of the school system. He stated
that the Attorney General opined that local governing bodies may conduct
administrative audits with the cooperation of the School system's administrator;
supervision of the school system by the Virginia constitution is vested in the School
Board, be it elected or appointed, and any audit performed by a governing body
could be done with the cooperation of the School Board so long as it did not
interfere with the day to day operations of the school system and as long as it did
not interfere with control by the School Board of the administration of the school
system itself. He advised that if Council is considering using the City Charter
provision for audit purposes, terms and expectations of the audit should be agreed
to in writing. He called attention to a 1970 resolution adopted by the School Board
requesting that Council create, by ordinance, general authority for audits to be
performed by either the City Auditor, or by an outside auditor at the request of the
School Board.
591
Council Member Wyatt suggested the appointment of a subcommittee
composed of representatives of the School Board, City Council, the School
Administration and the City Administration to discuss audit details to be presented
to City Council and to the School Board for review. She spoke to the advantage of
a more formal audit process and advised that since both the City and the Schools
have an Audit Committee, representation of the subcommittee could be appointed
from the membership of both committees.
Following questions and concerns, Dr. Harris advised that this particular audit
process deviated from the previous four audits in that pursuant to an agreement with
the Municipal Auditor, when the audit process was completed, a meeting was to be
held with the Municipal Auditor, a representative of the department being audited
and a member of the audit staffto discuss findings. He stated that in this particular
audit, when the audit was in early draft form, information was given to the news
media in advance of any opportunity for the School administration to address the 11
recommendations. He further stated that three news articles were published in the
newspaper far in advance of the Audit Committee or the School Board receiving the
audit report or a response from the School administration. He advised that all audits
have been made public, all responses from the School administration have been
made public, and there has never been any attempt to hide any of the findings.
Mr. Bird advised that this audit was, in fact, handled differently from the other
four audits. He explained that it is a normal course of practice in the audit
profession that when one level is indicated in a compliance issue where it is felt that
the party is not complying with policy, the procedure is to go to another level of
management. He stated that when auditors looked at the issue of the
Superintendent of Schools not complying with certain policy in terms of hiring
practices, the Chair of the School Board and the Chair of the Audit Committee were
approached and from that point forward his office dealt with those two individuals
and with the School Board in communications, as opposed to communicating with
the Superintendent of Schools.
Following questions and discussion of audit issues, the Mayor suggested that
he, along with Council Members William White and Nelson Harris, Chair and
Vice-Chair, respectively, of the City's Audit Committee, be authorized to meet with
School Board Chair Sherman Lea, to begin discussions in an effort to reach an
understanding that will be agreeable to both Council and the School Board.
Mr. Carder requested that the remainder of the agenda items; i.e.: Roanoke
City Project on Bullying, Fees for Use of Roanoke City/Roanoke City Public Schools
Facilities, and Future Funding Needs in Roanoke City Schools/Budget Protocol, be
rescheduled for discussion at another joint meeting of Council and the School Board
as soon as possible.
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There being no further business, the Mayor declared the City Council meeting
in recess at 7:10 p.m., to be reconvened at 7:20 p.m., in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke.
On Monday, August 20, 2001, at 7:20 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith ................................................................................................ -6.
ABSENT: Council MemberWilliam White, Sr.- ........................................... 1.
OFFICERS PRESENT: Darlene L.
William M. Hackworth, City Attorney; James D.
Mary F. Parker, City Clerk.
Burcham, City Manager;
Grisso, Director of Finance; and
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Pursuant to action of the Council, the City Clerk and the
Secretary to the City Planning Commission, having advertised a joint public hearing
by Council and the City Planning Commission for Monday, August 20, 2001, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request of the City of
Roanoke to consider the Vision 2001 Comprehensive Plan, City of Roanoke, dated
August 3, 2001, the matter was before the body.
City Planning Commission Members present: Gilbert E. Butler, Jr.,
Alfred T. Dowe, Jr., Melvin L. Hill, Richard A. Rife and D. Kent Chrisman, Chair.
Martha P. Franklin, Secretary, was also present.
593
Legal advertisement of the joint public hearing was published in The Roanoke
Times on Saturday, August 4, and Saturday, August 11, 2001; and The Roanoke
Tribune on Thursday, August 8, and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
Ms. Lander advised that the final Comprehensive Plan before Council and the
City Planning Commission has a new date of August 20, 2001, and includes certain
minor changes since the draft that was presented to Council and dated August 3,
which changes would be summarized in her presentation.
She advised that the Comprehensive Plan is required by the Commonwealth
of Virginia, and serves as a guide for development decisions, includes many
comprehensive elements, provides balance among elements, is broad and forward
thinking and sets realistic goals and actions. She stated that challenges facing
Roanoke are a deceasing population, changing demographics, aging housing stock,
little new housing development, stagnant economy and limited new land for
development. She explained that the planning process for development of the
Comprehensive Plan began approximately one year ago; a survey was distributed
to every City household and the results were shared at one of the first public
hearings to kick off the Plan; a 44 member Citizens Advisory Committee was
appointed by Council to guide the development of the Plan and the public
participation process; two public forums were held and another is planned for the
future to kick offthe Plan because citizens will be needed to help implement the Plan
and to work as partners with government to achieve goals and action strategies; six
task teams were established to discuss issues facing the City, with a seventh team
on City design having been formed later in the process to work with the
recommendations of the six task teams on the design of new development; and
approximately 50 public work sessions were held from October, 2000 to May 2001,
with over 2000 estimated participants.
Ms. Lander advised that the Plan's key themes include: Roanoke is the heart
of the region, Roanoke must be a sustainable and livable community, Roanoke's
quality of life and economic development are integrally related, Roanoke's
environment and cultural resources are important assets, and Roanoke must be a
beautiful City.
She presented the following key recommendations from the Housing and
Neighborhoods section of the Plan:
One of the key recommended strategies for moving the Plan forward is
to look at its neighborhoods as villages that are served by small
commercial centers. Raleigh Court and South Roanoke neighborhoods
have vibrant centers. Henry Street once provided such a center to the
Gainsboro neighborhood. The Plan identifies several neighborhood
centers and recommends appropriate commercial and mixed housing
594
opportunities around these centers. It is important to point out that the
creation of these centers may result in the redevelopment of some
existing neighborhood areas - -some demolition of existing residential
buildings may have to be done to provide for new mixed use
development.
A strong emphasis is placed on creating new housing opportunities in
the City- both in the choice of housing type and in the price ranges.
It is important that citizens have choices in housing for all
neighborhoods and that neighborhoods provide a range of homes, from
affordable to high end.
Neighborhood plans will continue to be done for all City
neighborhoods. Approximately one third of the City has been studied
and plans developed - some of which will be coming to Council in the
near future. These plans will complement the Comprehensive Plan and
make more detailed recommendations regarding specific strategies and
zoning patterns.
With regard to environmental resources, she advised that the City and the
region's environmental resources are very important to Roanoke's quality of life and
its future; in particular, greenways, viewsheds and trees were identified as critical
to Roanoke's future; in addition, the preservation and enhancement of historic
properties is critical to understanding Roanoke's sense of place and its past history
and it is important to note that the City Market and the City's historic neighborhoods
have been successful economic investment tools; and air and water quality is
increasingly more important to Roanoke's future sustainability and new regulations
will not be easy to deal with, but are needed to have quality air and water now and
in the future.
Ms. Lander noted that economic development is fundamental to achieving the
goals set forth in the Plan; the Plan recommends an expanded economic base that
targets various industry clusters; it is important that the City continue to diversify
its economic base and to consider new areas for redevelopment; downtown
continues to be key to the City's economic well-being and downtown housing is
recommended for expansion, as well as better utilization of second and third floor
spaces; village centers are keys to Roanoke's residential neighborhoods and these
recommended commercial and mixed use areas will provide unique environments
and services to residents, thereby competing well with surrounding suburb
development that relies on the automobile; and regional economic development and
approaches continue to be recommended.
595
It was pointed out that transportation systems do not stop at jurisdictional
lines and regional planning for transportation systems is important to ensuring
quality development that enhances existing built communities; the development of
a multi-modal transportation system for cars, pedestrians, bicycles, and transit is
strongly recommended in the Plan because the City should not be dependent on
cars for transportation and should encourage sidewalks, greenways, and bicycle
facilities, as well as considering transit as alternatives in the future; the regional
airport is important to economic development and to the residents of the region and
special attention is needed to ensure quality facilities and operations that adequately
serve its users; if Roanoke is to attract new technology and businesses that use the
technology, it must provide the infrastructure to service those users and continued
leadership is needed to work with private businesses to provide services and to
promote them as available; and regional approaches to water and sewer facilities,
as well as the management of storm water runoff, are recommended.
Ms. Lander advised that community policing as a philosophy for providing
public safety continues to be emphasized in making the community safe; recycling
also was identified as very important to a sustainable community and programs will
need continued leadership to emphasize recycling as important; Code
administration for building, zoning, development and nuisance regulations should
continue to be improved to meet the needs of Roanoke's citizens and businesses,
with careful balancing of interests being important to the success of any new
regulations that may be proposed; two multi-service facilities, or centers, are
recommended as pilot projects to better serve citizens where the needs are the
greatest, which are not meant to duplicate services provided by City Hall, but to
provide better access to citizens where it is needed and to have City staff work
collaboratively in the community to address issues and needs and it is important to
note that these are not community centers and will not be in every neighborhood,
but they could be located in existing public buildings in a neighborhood.
She noted that it is essential that the school system continue to provide
quality education to Roanoke's youth and that school facilities and programs be
available to all citizens beyond school hours; lifelong learning is essential to
Roanoke's future for both young and old and libraries and schools should provide
quality programs to enhance continued education; workforce development, which
is education and training, is critical to both economic development initiatives and
that of people; and regional approaches to providing human services should be
encouraged and pursued.
Ms. Lander stated that the design of new buildings and facilities is critical to
creating a beautiful City; the Plan provides recommendations for various areas of
the City including commercial corridors, streets and neighborhoods which
596
principles serve as guidelines that are to be used to encourage quality development;
and it is anticipated that the principles would be promoted through collaborative
work efforts between City staff and private developers.
She advised that strategic initiatives include target industry clusters,
technology infrastructure, redevelopment commercial and industrial, village centers,
multi-service facilities, new housing opportunities, critical amenities, marketing and
tourism, streetscapes, and a healthy community. She stated that implementation
tools include a new zoning ordinance that should be developed over the next year,
the City's operating budget and capital improvement program budget should reflect
the Comprehensive Plan and adopted Neighborhood Plans, regional cooperation is
necessary to effectively achieve many of the goals for the future and public/private
partnerships are essential to implementation of the Plan because government
cannot do it alone.
Ms. Lander stated that the next step is a public forum that is planned for early
October at which time the Plan will be "rolled out" and a challenge will be issued to
citizens and businesses to work with government on implementing key projects and
it is hoped that the forum will be energizing and effective in moving Vision 2001 from
a paper plan to action; to measure progress, it is recommended that the City
Administration provide Council and the citizens with an annual report card on the
actions taken or pending; it is also recommended that community indicators be
developed to assist in monitoring the sustainable community, discussions with
Virginia Tech have already begun, and the Vital Signs Report from the New Century
Council would also be of help; continued citizen involvement is important to
ensuring that the City is doing what needs to be done; and ongoing planning for the
City and its neighborhoods must continue.
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
and the City Planning Commission:
Walter Rugaber, Chair, Vision 2001 Comprehensive Plan Committee, thanked
the members of the Advisory Committee and City Planning staff for the caliber of
their work.
Mr. Joseph Miller, 2812 Longview Avenue, S. W., member of the Design Team,
advised that City staff did an outstanding job in soliciting ideas, with good and
positive discussion regarding potential residential and commercial developments
for the City. He stated that he appreciated the opportunity to participate in his
capacity as a member of the Roanoke Valley Home Builders Association, and
commended the Plan which is pro development for Roanoke City. He advised that
the Roanoke Valley Home Builders Association is excited that Roanoke City has
taken this position.
597
Mr. Read A. Lunsford, 1525 West Drive, S. W, advised that meetings provided
a well conceived and well coordinated attempt to incorporate input from citizens into
the Comprehensive Plan. He stated that he chose to participate in discussions
regarding village centers, redeveloping underutilized commercial and industrial
sites, and the Design Group. He advised that the City of Roanoke is blessed with a
great deal of positive things, but its City Planning staff, City Council and City
management team made the process of preparing the Comprehensive Plan an
overall pleasurable learning experience.
Elizabeth Belcher, 5998 Grandin Road, S. W., Roanoke Valley Greenway
Coordinator, advised that the greenways issue came up in four of the six task
groups, which is a reflection that citizens want a walkable, livable community and
they view greenways as a part of that community. She stated that she was excited
about other parts of the Plan, such as tree canopy, Roanoke as an outdoor
destination, conservation easements, viewshed protection, protection of the Blue
Ridge Parkway, village centers, and connections to Carvins Cove and the
Appalachian Trail. She encouraged that all adopted plans of the past be
incorporated into the Comprehensive Plan, such as the Carvins Cove Plan, the Parks
Master Plan, the Greenways Plan and that other future regional plans be
incorporated. She also encouraged revisions to the zoning ordinance which will
incorporate and address such things as the Roanoke River overlay, protection of the
Roanoke River, Carvins Cove Watershed, development in flood prone areas, and tree
canopy goals to protect air quality. She spoke in support of continued work on the
Roanoke River Greenway.
Ms. Debbie Nason, 5055 Upland Game Road, Roanoke County, advised that
since she is a resident of Roanoke County, it was especially gratifying to participate
in the process and to meet different people because the process represented a true
cross section of Roanoke and served as a kind of community meeting place, giving
persons with different agendas an opportunity to speak out and voice their
concerns. She requested that the Comprehensive Plan be simplified and publicized
to the community at large.
Ms. Christie Meredith, 2702 Avenel Avenue, S. W., expressed concern with
regard to a letter that was published in the Commentary section of
The Roanoke Times some time ago entitled, "Roanoke Will Never Be A Youth
Magnet". She stated that the author could not be more wrong because Roanoke has
all of the raw ingredients to be a vibrant place and the recipe to take those raw
ingredients and turn them into an incredible dish which is spelled out in the
Comprehensive Plan. She advised that she believes in the Comprehensive Plan,
there is a ground swell of support for the Plan, there is a mandate for the Plan, and
citizens want the Plan to be implemented. She added that good design will make a
598
difference to the City- Roanoke must be a beautiful City and it must be committed
to making the physical appearance of the environment excellent because that has
a direct relationship to the sustainabilty of Roanoke's neighborhoods and the
stewardship of its beautiful resources. She stated that once the attractive elements
of the City and the region are protected to capitalize on attracting all demographics
to Roanoke, the focus should then be on quality of life, entertainment and cultural
venues, and development of a market image for the City of Roanoke. She added that
improving the environment is good business because companies want to locate in
a city that provides their employees and families with a variety of recreational
activities such as greenways and biking trails, downtown must be a 24-hour area
which means that there should be more downtown living, more choices of
entertainment venues and increased funding for cultural organizations, along with
creation of an image which must be defined and articulated.
Ms. Evelyn D. Bethel, 35 Patton Avenue., N. E., referred to Page 2.1 of the
Comprehensive Plan where considerable information related to Roanoke's past is
listed, but fails to indicate that Gainsboro was a City before Roanoke City was
chartered, and advised that this portion of the Comprehensive Plan should be
· revised to indicate the importance of the Gainsboro community. She also referred
to Page 3.39 which indicates parking in residential areas typically is not an issue;
however, those areas where there are businesses or institutions have some parking
conflicts that may require residential parking permits to limit the time of day or
duration of parking. She stated that between the words "of" and "parking," the word
"non-residential" should be inserted because the sentence as currently drafted
could be interpreted to provide that residents have limited times to park. She
inquired as to whether revisions to the Comprehensive Plan will be entertained in
the future.
In response to Ms. Bethel's remarks, it was pointed out that the
Comprehensive Plan will be revisited on a regular basis. It was also noted that a
revision to Chapter 2.1 has been provided to indicate that, "In 1834 the Town of
Gainesborough was chartered adjacent to the Village of Big Lick .... The older
settlement, including Gainesborough, become known as Old Lick .... "
There being no further comments from citizens, the City Planning Commission
adopted a resolution recommending adoption of Vision 2001, dated August 20, 2001,
the Comprehensive Plan for the City of Roanoke, to City Council, recommending
adoption as elements of Vision 2001 those Neighborhood Plans and plans of
development previously adopted elements of Roanoke Vision.
(For full text, see resolution on file in the City Clerk's Office.)
Mr. Hudson offered the following ordinance:
599
(#35535-082001) AN ORDINANCE adopting Vision 2001, dated August 20, 2001,
the comprehensive plan for the City of Roanoke, adopting as elements of Vision
2001 those neighborhood plans and plans of development previously adopted as
elements of Roanoke Vision, and dispensing with the second reading of this
ordinance by title.
Mr. Hudson moved the adoption of Ordinance No. 35535-082001. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, and
Mayor Smith
NAYS: None ........................................................................................... -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of the City of Roanoke that a certain tract of land containing
approximately 2.80 acres, more or less, located on Colonial Avenue, S. W., being a
portion of a larger tract of land bearing Official Tax No. 1570101, be rezoned from
RS-2, Residential Single-family District, to C-2, General Commercial District, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 3, and Friday, August 10, 2001; and The Roanoke Tribune
on Thursday, August 9, and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the City of Roanoke
owns a tract of land containing approximately 29.2 acres along Colonial Avenue,
S. W.; the property is currently zoned RS-2, Residential Single-Family District; in
July, 2001, Carilion Health Systems approached the City with an offer to purchase
a portion of the property along Colonial Avenue for the purpose of developing
medical offices, which are not permitted in the RS-2 district; and the City requested
that a 2.8 acre portion of the property be rezoned from RS-2 to C-2, General
Commercial District, was before Council.
600 -
The City Planning Commission recommended that Council approve the
request for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35536-082001) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 157, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35536-082001. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35536-082001
was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
and Mayor Smith
NAYS: None.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOSPITALS: Pursuant to
action of the Council, the City Clerk having advertised a public hearing for Monday,
August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of the City of Roanoke to sell City property located on Colonial Avenue,
S. W., to Carilion Health Systems (CHS, Inc.), containing approximately 2.8 acres,
more or less, and being a portion of Official Tax No. 1570101 and a 50-foot easement,
for a term of five years across adjacent City-owned property located on Colonial
Avenue, upon certain terms and conditions, the matter was before the body.
601
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, August 12, 2001; and The Roanoke Tribune on Thursday, August
9 and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
A communication from the City Manager advising that Carilion Health Systems
(CHS, Inc.) has offered to purchase 2.8 acres of City property located on Colonial
Avenue, described as a portion of Official Tax No. 1570101, for the purpose of
establishing a medical clinic and/or medical office; the City Planning Commission
held a public hearing on the proposed rezoning of the parcel of land on August 16,
2001; and the 2.8-acre parcel of land was recently appraised at $365,000.00.
The City Manager recommended, following the public hearing, that she be
authorized to execute a real estate sale agreement between the City of Roanoke and
Carilion Health Systems, Inc., for the City to sell to Carilion Health Systems a tract
of City-owned land containing 2.80 acres, more or less, and a 50 foot easement, for
a term of five years (identified as "New Parcel A" and "New Private Drive and
Ingress/Egress Easement" respectively, on a plat entitled "Preliminary Subdivision
Map") in the amount of $375,000.00.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder offered the following emergency ordinance:
(#35537-082001) 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.,
containing approximately 2.80 acres, more or less, and being a portion of Official
Tax No. 1570101, and a five-year ingress/egress easement to CHS, Inc., upon certain
terms and conditions, and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 64.)
Mr. Carder moved the adoption of Ordinance No. 35537-082001. The motion
was seconded by Mr. Harris.
The Mayor inquired if there were persons in attendance who would like to
address Council with regard to the matter; whereupon, Hugh Thornhill, President
and CEO of Carilion Medical Group, which currently rents its Colonial Avenue
medical practice office at the corner of Ogden Road and Colonial Avenue, S. W.,
602
advised that in the year 2002 the lease on the building will expire, thus,
representatives of Council have worked with the City to locate three - five acres of
land or 12,000 - 14,000 square feet of established space, to relocate its facility. He
stated that originally, their interest was in the former Roanoke Montessori School
site; however, the property was later leased to the New Vista Montessori School. He
called attention to meetings with the City Planning Department in which the
neighborhood village concept was presented and negotiations continued, with the
goal of beginning the construction process in the Colonial Avenue area no later than
September, 2001. He stated that there have been numerous revisions to a proposed
site plan to conform to the neighborhood planning concept, discussions have taken
place with the Virginia Department of Transportation concerning turn lanes,
deceleration lanes, creation of safe access to the site and engineering studies
relating to soil surveys and appraisals. He advised that the value of the transaction
has been determined by each party by independent appraiser which is fair market
for commercial real estate; completing this transaction will provide the City with an
attractive anchor development and an excellent basis for further residential
development of the upper part of the Colonial Avenue property with a primary care
medical office which is considered to be a good neighbor in a residential area, while
adding another business to the City's tax base. He asked that Council act favorably
on the request.
Ordinance No. 35537-082001 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
and Mayor Smith .............................................................................................. -6.
NAYS: None .......................................................................................... --0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Lee Hi Land Group that conditions on property located on the north
side of Orange Avenue, N. E., one-quarter mile east of Granby Street, Official Tax No.
7140114, which was rezoned pursuant to Ordinance No. 33516-080497, be amended,
the matter was before the body.
603
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 3, and Friday, August 10, 2001; and The Roanoke Tribune
on Thursday, August 9 and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the property is a
vacant lot in the 3000 block of Orange Avenue (Route 460) between Granby Street
and Seibel Drive; and in 1997, the property was rezoned from LM to C-2, with the
following proffered conditions, was before Council:
The property will be developed in substantial conformity with the
development plan; and
The property will not be used for a neighborhood or highway
convenience store, a fast-food restaurant or outdoor advertising.
It was further advised that a petition to amend the conditions of rezoning was
filed on February 1,2001; a second amended petition was filed on April 11,2001; and
the second amended petition proffers the following conditions:
The property will not be used for a neighborhood or highway
convenience store, a fast-food restaurant, or outdoor advertising; and
A maximum of one entrance off of Route 460.
It was noted that a Third Amended Petition was filed on July 10, 2001, to clarify
the street extension of Granby Street, N. E., with none of the conditions proffered in
the Second Amended Petition having been changed.
The City Planning Commission recommended that Council approve the
request to amend proffered conditions, and advised that the amended conditions
address inappropriate uses of the site, as well as limiting the number of curb cuts
to one.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following ordinance:
(#35538-082001) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 714, Sectional 1976 Zone Map,
City of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-2, General Commercial District, and
dispensing with the second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
604
Mr. Hudson moved the adoption of Ordinance No. 35538-082001. The motion
was seconded by Mr. Carder.
Robert Copty, representing Lee Hi Land Group, advised that the property was
rezoned for a Goodwill Store in 1997; however, the lease was not consumated but
the property continues to be governed by the proffers enacted pursuant to the
rezoning. He stated that elimination of the development plan proffers will provide
more flexibility in developing the site, and site plan review will be addressed by City
Planning staff at the appropriate time. He asked that Council vote favorably on the
request.
Mr. Bestpitch advised that currently, there is no specific plan for any type of
development on the property, and spoke against the City foregoing its opportunity
to review proffers in connection with any structure that might be sited on the
property. He stated that in earlier action, Council adopted the Comprehensive Plan
and indicated its intent to move toward requiring more design guidelines, and the
proposal under consideration would provide the City with an opportunity to have an
impact on the design plan for the property. He advised that he had not heard
testimony that would convince him that the request of the petitioners is in the best
interest of the City.
Ordinance No. 35538-082001 was adopted by the following vote:
AYES: Council Members Wyatt, Carder, Harris, Hudson, and Mayor Smith
NAYS: Council Member Bestpitch ............................................................. 1.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
August 20, 2001, at 7:00 p. m., or as soon thereafter as the matter may be heard, on
the request of Larry Bly and Martin Hall that property located at 322 Bullitt Avenue,
S. E., Official Tax No. 4013516, be rezoned from LM, Light Manufacturing District, to
C-1, Office District, the matter was before the body.
Due to an advertising technicality, the Mayor advised that the public hearing
would be readvertised for Monday, September 17, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard by the Council, in the City Council Chamber.
605
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, August 20, 2001, at 7:00 p. m., or as soon thereafter as the matter may
be heard, on the request of Kayser Properties, LLC, that a portion of Old Thirlane
Road, N. W., bounded on the west by 1-581 and on the east by property bearing
Official Tax No. 5420106, be permanently vacated, discontinued and closed, the
matter was before the body.
Due to an advertising technicality, the Mayor advised that the public hearing
would be readvertised for Monday, September 17, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard by the Council, in the City Council Chamber.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
August 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Newbern Properties, LP., that property located at the terminus of
Tuckawana Circle, N. W., containing approximately 1.67 acre, Official Tax No.
6472003, be rezoned from RM-2, Residential Multifamily, Medium Density District, to
LM, Light Manufacturing District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, August 3, and Friday, August 10, 2001; and The Roanoke Tribune
on Thursday, August 9 and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council approve
the request, subject to certain conditions proffered by the petitioner, was before the
body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following ordinance:
(#35539-082001) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 647, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 64.)
606 -
Mr. Hudson moved the adoption of Ordinance No. 35539-082001. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
address Council regarding the matter. There being none, Ordinance No.
35539-82001 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
and Mayor Smith
6.
NAYS: None ....................................................................................... -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
CITY CODE-ANIMALS/INSECTS-COMPLAINTS: Pursuant to action of the
Council, City Clerk having advertised a public hearing for Monday, August 20, 2001,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issue of
whether the Code of the City of Roanoke (1979), as amended, should be amended
to prohibit the keeping of cattle, sheep, goats and swine in areas of the City not
zoned for agricultural use, unless on a farm of five acres in size or larger, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, August 12, 2001; and The Roanoke Tribune on Thursday, August
9 and Thursday, August 16, 2001.
(See publishers' affidavits on file in the City Clerk's Office.)
A communication from the City Manager advising that Section 6-7 of the City
Code permits the keeping of cattle, sheep, goats, or swine in areas zoned for
agricultural use when pens are at least 300 feet from residential property lines, or
on farms that are a minimum of five acres in size; and the City Code also allows a
person to keep one sheep or goat as a household pet in residential areas, was
before Council.
It was further advised that recently, residents of Old Southwest reported
problems with a goat and complained that conditions were poor and the smell was
a nuisance; a petition was submitted to the City Manager on July 9, 2001,
complaining about the noise, smell, and flies in the neighborhood, with a request
that the outdated ordinance be revised; in the interim, the property owner has been
cited by Animal Control, was convicted in court of a public nuisance, and fined; and
revisions to the City Code are proposed which will prohibit the keeping of sheep or
607
goats in residential areas, unless on a farm of at least five acres, or except when
such animals are kept for less than 24 hours in connection with certain commercial
purposes and conditions.
The City Manager recommended that Council amend the City Code to provide
that cattle, sheep, goats or swine may not be kept in any area of the City not zoned
for agricultural use, except when such animals are kept for less than 24 hours for
certain commercial purposes when more than 300 feet from any residential building,
and except when such animals are kept on farms of five acres or more.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Wyatt offered the following ordinance:
(#35540-082001) AN ORDINANCE amending and reordaining §6-7, Limitation
on keeping cattle, sheep, goats and swine, of Article I, In General, of Chapter 6,
Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, to prohibit
the keeping of any cattle, swine, sheep or goat in any area of the City not zoned for
agricultural use; dispensing with the second reading of this ordinance by title; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 64.)
Ms. Wyatt moved the adoption of Ordinance No. 35540-082001. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
address Council regarding the matter. There being none, Ordinance No.
35540-082001 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
and Mayor Smith .............................................................................................. -6.
NAYS: None ...................................................................................... -0.
(Council Member White was absent.)
The Mayor declared the public hearing closed.
OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time
as a priority for citizens to be heard; and matters requiring referral to the City
Manager will be referred immediately, without objection by Council, for response,
report or recommendation to Council.
608
COMPLAINTS-CITY COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E.,
corrected a statement made by the Mayor at the 2:00 p. m. Council session, in which
he noted that he had met with Ms. Helen E. Davis following the last City Council
meeting. She clarified that the meeting did not relate to City business, but involved
Mayor Smith as a private citizen and not as a member of City Council.
She suggested that instead of prohibiting goats in the City of Roanoke, the
City should use goats as a means of clearing overgrown City lots of grass and
weeds.
COMPLAINTS-CITY COUNCIL: Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
continued her remarks which were presented at the 2:00 p. m. Council session. She
advised that there are many City projects, all proceeding on a fast track, and citizens
are not permitted to engage in dialogue with Council Members within the confines
of the three to five minutes that citizens are allotted to speak at City Council
meetings. She suggested that Council Members meet with citizens in the various
quadrants of the City to engage in discussion dialogue on matters of mutual interest
and concern. She stated that more employees should be hired in the Solid Waste
Department to address refuse collection issues. She thanked Mr. Hudson for
speaking out about curbside refuse collection and the $31 million bond issue by the
City without input from Roanoke's citizens. She stated that the sharp and abrupt
manner at the 2:00 p.m., Council session in which Ms. Stanley was not permitted to
complete her statement regarding refuse collection service was in contrast to the
way that a speaker was allowed to complete her remarks during the Comprehensive
Plan public hearing at the 7:00 p.m., Council session. She stated that all citizens
should be treated fairly with time limitations and tone of voice.
There being no further business, the Mayor declared the meeting adjourned at 8:50
p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor