CITY OF ROANOKE

CITY COUNCIL
215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145

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DAVID A. BOWERS Mayor

Council Members
William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle

December 17, 2012

Mayor Bowers and Members Roanoke City Council Re: Mill Mountain Advisory Committee

Dear Mayor Bowers and fellow members of City Council: I request that the Mill Mountain Advisory Committee be placed on our December 17, 2012 agenda for discussion and action. I respectfully submit that City Council records clearly reflect that the Mill Mountain Advisory Committee is an ad hoc committee, as formally recognized by the Council in Resolution 23074 adopted on July 6, 1976. When asked for an opinion about the distinction between "ad hoc" committees and permanent entities, then City Attorney Wilburn Dibling, Jr., by letter dated October 28, 1983 advised the City Clerk that "ad hoc entities are special entities which go out of existence as soon as they have completed a specified task." Roanoke Municipal Code Section 2-280 provides "the council may also, from time to time, establish ad hoc committees to serve specific purposes" and Section 2-285 mandates that "ad hoc committees and commissions appointed by council shall make periodic reports to the council as to the progress of their assigned duties and responsibilities." The history of the committee is relevant for our discussion, so please indulge me as I share some research with you. The Mill Mountain Development Committee was created in 1965. Through the years, the committee brought to council numerous recommendations for "development," including, but not limited to, a new access road, moving the star to accommodate a hotel and restaurant, improvements to the zoo, improvements to and restoration of Rockledge Inn, clearing a suitable area for use as a ski slope, replacement of Frump-Frump the elephant, construction of quarters to house a hippopotamus, construction of a state science museum, construction of an aerial tram or gondola from downtown, aD-Day Memorial and construction of a new incline (1968 - 1997). It would appear from the city council meeting minutes from this period that these development concepts were brought to council by the Mill Mountain Development Committee. On March 17, 1997, the Mill Mountain Development Committee presented a report and its Vision and Mission Statements to City Council, along with a request that its name be changed to The Mill Mountain Advisory Committee. The Council approved the requests.

In 1998 the Mill Mountain Advisory Committee recommended that Council establish a policy with respect to illumination of the star and in 2003 the committee worked with Parks and Recreation on the development of the Master Plan. In 2004 the committee started discussing placing Mill Mountain in a conservation easement. A proposal to build a modem day version of Rockledge Inn by a group that called themselves "Valley Forward" was discussed and presented to the committee in the 2007 - 2008 time frame, and the proposal was rejected by the committee. No proposal was ever formally presented to City Council. The committee adopted by-laws and requested that City Council make it a permanent committee in 2009. Council took no action on the request. On June 21, 2010, The Mill Mountain Advisory Committee endorsed the "Blue Line Easement," which was the description of the conservation easement that won approval of City Council that same date. Having granted the vast majority of Mill Mountain Park to the Western Virginia Land Trust in 2010, the area available to the City for development on Mill Mountain is extremely limited. In fact, there have been no proposals for development on Mill Mountain since the Valley Forward effort in 2008. Almost five years have gone by without the first hint of a proposed intrusion on Mill Mountain. I respectfully maintain that the purpose of the Mill Mountain Advisory Committee has been fulfilled. As an ad hoc committee, it ceased to exist when there were no development proposals pending for it to consider. At this time there are no pending projects and none on the horizon, that require action on the part of the committee, and no assignment of responsibility has been made by City Council. Further, should such a development proposal be made or sought at some point in the future, it would be appropriate at that juncture to appoint another ad hoc committee, comprised of citizens from all quadrants of the city, and which necessarily should include a member of the Fishburn Family and others closely associated with Mill Mountain, to consider and make such recommendations as the Council deems appropriate. The contributions of those who serve and have served on the Mill Mountain Advisory Committee deserve our heartfelt thanks for their hard work and deep commitment to the preservation of Mill Mountain. They have contributed countless hours to improve and maintain a valuable resource that we all enjoy. In no way should this proposal be viewed as a lack of appreciation for all that they have contributed to the mountain and our valley. They are undoubtedly interested and caring citizens who should be encouraged to continue working for the good of Mill Mountain, which, I suggest, can be accomplished through the formation of a private advocacy group dedicated to preserving the environmental and aesthetic integrity of the mountain.

I look forward to our discussion on this matter.

Yours Truly,

~~f.~
Raphael Ferris Council Member REF/lsc c: Christopher Morrill, City Manager Daniel J. Callaghan, City Attorney Stephanie Moon, City Clerk

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'IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA

A RESOLUTION repealing Resolution No. 16631 adopted September 7, 1965, which established Mill Mountain Development Committee, now known as Mill Mountain Advisory Committee (the "Committee") and thereby dissolving the Committee, and expressing the appreciation of the Council for the commitment, dedication, and efforts of the Committee and its members. WHEREAS, the Council adopted Resolution No. 16631 on September 7, 1965, to create a committee to be known as Mill Mountain Development Committee and the committee was charged with the duty "to advise, assist, and make recommendations to the Council in the development of the City's Mill Mountain Park," and the Council appointed members of the Committee; WHEREAS, the Council adopted Resolution No. 23074 on July 6, 1976 to continue certain ad hoc committees, including the Mill Mountain Development Committee and abolish all other ad hoc committees created by the Council which were not specifically continued by Resolution No. 23074; WHEREAS, the Council, by motion on March 17, 1997, approved (a) the Vision Statement and Mission Statement presented to the Council by the Committee, and (b) the change in the name of the Committee to Mill Mountain Advisory Committee; WHEREAS, the Committee adopted bylaws effective as of May 28, 2009, which govern the Committee; WHEREAS, the Committee recommended to the Council in May 2009, that the Committee be made a permanent committee of the Council and the Council took no action on this recommendation; WHEREAS, a substantial portion of Mill Mountain Park is now subject to a Conservation Easement;

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WHEREAS, pursuant to Section 2.280 of the Code of the City of Roanoke, the Council has the authority to establish ad hoc committees from time to time; WHEREAS, the individuals who have served on the Committee have provided a valuable service to the Council and the citizens of the City of Roanoke; WHEREAS, the Council finds that the duties assigned to the Committee have been fulfilled; and WHEREAS, the Council has received no proposals for any development of Mill Mountain Park. NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. Council hereby repeals Resolution No. 16631, adopted September 7, 1965, which created the

Committee and hereby dissolves the Committee. 2. Council recognizes the contributions made by the Committee and its members to Council and

the citizens of the City of Roanoke and expresses the appreciation and gratitude for their service, commitment and dedication to Mill Mountain Park. 3. Committee. The City Clerk is directed to forward an attested copy of this Resolution to the members of the

ATTEST:

City Clerk.

K:\Measures\Mill Mountain Advisory Committee Abolishing 12 2012.Docleisha Cook