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HomeMy WebLinkAboutMins 01/07/08 - 06/16/08 1 21 I ROANOKE CITY COUNCIL-REGULAR SESSION January 7, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, January 7, 2008, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, with Council Member Beverly T. Fitzpatrick, Jr., presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.37817- 070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Member Beverly T. Fitzpatrick, Jr.------------------------------1 . ABSENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wish neff, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris--------6. I COUNCIL: Due to the lack of a quorum, Council Member Fitzpatrick declared the Council meeting in recess to be reconvened at 10:00 a.m., in Room 159, Noel C. Taylor Municipal Building, At 10:00 a.m., the Council meeting reconvened, in Room 159, first floor, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. PRESENT: Council Member Beverly T. Fitzpatrick, Jr., Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff (arrived late), Alfred T. Dowe, Jr., (arrived late), and Mayor C. Nelson Harris-------------------------------------------------------6. ABSENT: Council Member Sherman P. Lea----------------------------------------------1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Sheila N. Hartman, Deputy City Clerk. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. I (See communication on file in the City Clerk's Office.) 122 Council Member Mason moved that Council convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: I AYES: Council Members Fitzpatrick, Mason, Trinkle and Mayor Harris----4. NAYS: Non e ---------------------------------- ----------------------- ------------------- -------------0. (Council Members Dowe and Wishneff were not present when the vote was recorded.) (Council Member Lea was absent.) CITY COUNCIL: A communication from Council Member Alfred T. Dowe, Jr., Chairman, Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of two Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Mason, Trinkle and Mayor Harris----4. I NAYS: Non e -----------------------------------------------------------------------------------------0. (Council Members Dowe and Wishneff were not present when the vote was recorded.) (Council Member Lea was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE VICE-MAYOR AND MEMBERS OF COUNCIL: NONE. ITEMS FOR DISCUSSION AT THE JOINT MEETINGS OF COUNCIL AND ON MONDAY, FEBRUARY 4, 2008, WITH THE ROANOKE CITY SCHOOL BOARD AT 9:00 A.M., AND THE ARCHITECTURAL REVIEW BOARD AT 12:00 P.M., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The Mayor suggested that all agenda items be forwarded to the City Manager or I City Clerk. (The joint meeting of Council and the School Board was cancelled inasmuch as there were no agenda items needing discussion.) I I I 123 BRIEFINGS: Bicvcle Friendly Community Designation The City Manager called upon Tom Carr, Director of Planning Building and Development for introductions; whereupon, Mr. Carr introduced Andy D. Clarke, Executive Director of the League of American Bicyclists, and Bill Nesper, Director of the Bicycle Friendly Community Program for comments with regard to the Bicycle Friendly Community Designation. Mr. Clarke shared highlights of a presentation entitled "Creating a Bicycle- Friendly Roanoke": What is the BFC Program? Application Criteria Application Review Designated Communities Bronze Communities First Platinum: Davis, CA First Regional Award - East Pima Region, AZ Benefits of the BRFC Program Benefits of Bicycling Health = Physical Activity Health = Environment Government Finances = Savings Local Economy = Sales Use of Roads = $pace Parking for 14, Corallis, OR Quality of Life = $ales Equity = Freedom At this point Council Member Dowe entered the meeting (10:10 a.m.) Congestion Relief = Freedom Boulder: 25% SOV Goal Energy Independence = Freedom Bicycling is a Solution Portland: Case Study Developing the Bikeway Network Increasing Bicycle Use Portland's local streets San Francisco Inspiring Change: Louisville 124 At this point, Council Member Wishneff entered the meeting (10: 1 5 a.m.) I Carmel, Indiana What Do BFC's Have? Campaign Partners He pointed out that the League of American Bicyclists was a 127-year old organization that had been instrumental in implementing a program that designated communities for their bicycle friendliness; and in conclusion, he announced that there would be a workshop conducted on January 8, with an action plan to be formulated upon completion of the workshop. (For full text, see copy of powerpoint presentation on file in the City Clerk's Office.) Council Member Dowe inquired about the existence of bicycle accommodations in public facilities throughout the City of Roanoke; whereupon, Mr. Clarke stated that there were several buildings and public parks throughout the City equipped for storing bicycles. Vice-Mayor Trinkle commented on the City's efforts to make Roanoke a bike friendly organization and inquired about the process for the City to become a designated community; whereupon, the City Manager advised that material had been provided previously to the Council; City staff was involved with having Messrs Clarke and Nesper present at the meeting to respond to any questions by the Council; and she too wanted to get input and feedback from the Council as to whether the City and community should pursue the designation. Mr. Clarke added that information was available online. I City Market BuildinQ R. Brian Townsend, Assistant City Manager for Community Development, briefed the Council on various options as well as provided background information on the Market Building. He reviewed the following points of discussion: . Current Operations . Funded Improvements . Development Options . Limited Renovation . Rework Existing Layout . Major Renovation . Re-Position i ng/Redesign I . Approaches to Development I I I 125 . Management by City of Roanoke Third Party Management Long Term Lease Sale to a Development Entity Discussion . . . . (For full text, see copy of document on file in the City Clerk's Office.) The City Manager advised that she was seeking direction from the Council with regard to lease renewals in the Market Building, which was of urgent significance as well as management and operation of the leasing structure. She added that the standard term for leases in the Market Building were for three-year periods, with one-year renewal options and would prefer to have feedback from the Council prior to the three month leases that were due for renewal. Inasmuch as there are some interested parties in the building's future use, she emphasized that the Council needed to articulate the parameters under which it would consider other options in order for City staff to provide an opportunity for solicitation of proposals for managing the City Market Building. Comments: Vice-Mayor Trinkle stated that the Market Building was in dire need of major renovations, and therefore, should be a priority. He was appreciative of the mixture of restaurants and the local flavor of businesses and did not see the need for change. He thought that the addition of some balconies on the mezzanine level, with an anchored restaurant, along with vendors on the first floor would be a viable mix. He called attention to the Jefferson Center, stating that the incentive of tax credits made sense, and he would like for the City to consider some solicitation of input from organizations/entities that could help renovate the Market Building and create a long term lease, with minimum disruption. Council Member Mason inquired about the comparison of expenses for the Market Building over recent years; whereupon Mr. Townsend advised that expenses had grown slightly due to the cost of on-going repairs and maintenance activities. He added that it had been 26 years since there had been a generational investment in the Market Building, and that the building has a lot of activity which causes wear and tear. Ms. Mason stated that there was no question that the Market Building needed to be refurbished and refreshed for the benefit of the tenants and customers, and she would be supportive of one-year leases in order to give the City the necessary flexibility to make the necessary improvements to the Market Building. 126 Council Member Wishneff called attention to previous City-owned facilities, i.e.: the Jefferson Center and Warehouse Rowand suggested that the City consider a partnership similar to the one with The Hotel Roanoke and Conference Center. He was of the opinion that there was a lot of value in supporting non-profit organizations and helping them to be successful. Mr. Townsend commented that some of the ideas would depend on Council's direction, and noted that some of the current tenants were part of the outside ring of retail tenants or food court tenants. He added that there may be more flexibility with the tenants on the outside of the building. Council Member Wishneff was inclined to focus on the smaller tenants, with the hope of some configuration to increase the number of smaller tenants. He furthermore was in support of the development of an RFP or other means that would allow the community to respond and develop a way to use the streets during off-hours to allow for activities at night and on week-ends. Mr. Townsend mentioned that the food court tenants would not be very functional if the spaces were reduced. Mr. Townsend stated that if the City decided to use the "RFP" design route, it would take approximately a year to develop something, and currently the staff was seeking direction from the Council as to how to deal with the upcoming tenant lease renewals expiring in 2008 and whether there would be enough time to evaluate the options/proposals that are submitted, and in 2009, perhaps doing the logistics and invitations for proposals, if the Council agrees. Council Member Fitzpatrick stated that a couple of things are crucial, there is a fairly recent downtown plan and the icon of that plan is the Mill Mountain Star, and the City could not treat the Market Building in isolation, adding that the Market Building should sustain itself, but it never has because it was not developed properly in 1981 and it needs to be totally redone with an understanding of what makes this type of restaurant/retail/entertainment work as a package. The challenge is that downtown is not the same today as it was in 1981; there are more visitors .downtown at lunch time. He thought more of an understanding was needed of the potential for current vendors and possible vendors -- a real understanding of what the community believes the area should be and what it takes to make the retail aspect work. He added that the question of whether it requires closing both streets on each side and having a critical mass of a building that is enclosed that gives enough square footage is more important than some capital improvements to make the Building aesthetically pleasing. In addition, he was of the opinion that the Council was not in a position to speculate on what the best use of the building could possibly be, and therefore, help was needed in making said determination. I I I I I I 127 Mayor Harris was in support of an RFP procedure to request ideas - hearing from organizations/entities that would propose development or management of the building under long-term arrangements, as well as the City addressing the issues in a timely manner. He was personally opposed to the outright sale of the building inasmuch as it is a municipal asset, but was interested in a public/private partnership for long-term development. Following discussion, the City Manager recapped Council's direction: the City should continue on the course to complete the renovations and restroom repairs by November 2008, as previously identified; develop a flexible and fluid RFP to receive responses from interested parties in the community as to renovations, operation and management of the Market Building under some type of long-term lease arrangement; maintain a healthy mix of food court and retail space; proceed with the one-year lease scenario; and seek input from the current tenants. For clarification purposes regarding a developer managing tenants currently occupying the Market Building, Ms. Burcham stated that her recommendation would be that as leases expire, the City should continue on a one-year lease so that the options of the City and any future developer may remain as flexible as possible, at least until a long-term arrangement plan is available. She reiterated that there is a need for shorter term leases to enhance the flexibility of the City and a developer to make improvements. Roanoke Valley Detention Center The Director of Finance introduced Allan Hullette, Superintendent, Juvenile Detention Center, for an overview of the Roanoke Valley Juvenile Detention Center, whereupon, the following information was shared with the Council: Overview of Detention . Commission owned and operated . State licensed . 81 beds . Male & female . Court ordered detention only . Pre-disposition & post-disposition Population · FY06 - 27 ADP (Average Daily Population) for Roanoke . FY07 - 34 ADP for Roanoke 128 Unique Services . Post-disposition services and treatment / Impact 180 Program . Video court . Video intake I Challenges . Increasing costs associated with admission of youth with serious and/or chronic medical problems . Care of youth with diagnosed mental health condition (Statewide admissions of youth with diagnosed mental health conditions is approximately 35% while RVJDC admissions of youth with diagnosed mental health conditions is 65%-75%) . Competition for competent personnel . Decreasing level of State funding Outlook . Continued admissions of youth with serious medical and mental health conditions . Roanoke's admissions are expected to hold at current levels or slightly decrease subsequent to the City's implementation of detention utilization controls . Per diem charges are expected to be maintained at FY06 levels through FY09 ($158) I (For full text, see copy of document on file in the City Clerk's Office.) Comments: . Council Member Fitzpatrick inquired as to why Roanoke has 65% to 75% admissions of youth with diagnosed mental health conditions; whereupon, Mr. Hullette advised that there are very few mental health options for youth and perhaps the youth from the City of Roanoke were being identified more than other areas having mental health needs. As a member of the Criminal Justice Services Board, Council Member Dowe commented that some assistance may be available in the next 60 to 90 days regarding juvenile and adult mental health issues; as well as some opportunities for grant assistance for the City of Roanoke. I I I I 129 Vice-Mayor Trinkle was very much aware of the mental health challenges the Juvenile Center faces, and he encouraged development of child psychology training programs in the Roanoke area. In reference to the Center's budget, the Vice-Mayor inquired if the cost increase was due to the type of mental health issues and/or the lack of State funding; whereupon, Mr. Hullette replied in the affirmative, adding that the reason was also the increase in regulations. He also noted that the Center was utilizing the Roanoke City School system for educational purposes. Council Member Wishneff asked if Blue Ridge Behavioral Healthcare had a role with the Center's facilities; whereupon, Mr. Hullette advised that Blue Ridge provides a case manager for the Detention Center to help transition youth back into the community, and that a mental health worker was hired several years ago for the Detention Center. He noted that since that time, State money has been obtained by some jurisdictions, but because the City of Roanoke had previously funded the mental health worker position at the Detention Center locally, the State would not allocate any additional funds for the position. Based on this reason, he was of the opinion that there were some glitches that needed to be worked out with the State in order to get additional funding for the Center. The City Manager encouraged the Council to go on record stating that it is not reasonable to require localities to take on the State's required funding, stating that localities must make up the difference between the amount of funding expected and that which is actually given -- either the locality makes up the difference or programs have to be curtailed. City-wide Brownfield Plan The City Manager stated that the Brownfield Redevelopment Program has been shared with the City Planning Commission and would be an upcoming item on the Council's agenda, and she was recommending that the Brownfield Plan be adopted as a part of the City's Comprehensive Plan. Brian Brown, Director of Economic Development, and Ian D. Shaw, Senior City Planner, Planning, Building and Economic Development, gave the following overview of the Brownfield Redevelopment Program: 130 . Introductory questions I Why Brownfields What is a Brownfield? It is real property the use of which is hampered by either contamination, either perceived or real. Basically, for years, brownfields sat, and before 2002, no one would touch them, because Federal regulations made everyone hesitant to dig up something that would cost them $400,000 down the road. In 2002, legislation went into effect that allowed brownfields to be looked at as real estate deals with slight environmental flaws, and offered an opportunity to bring these properties back into use. What is successful redevelopment? It is taking dormant properties that were industrial corridors, and making them usable for real estate in terms of industrial use, commercial, mixed use, and even a new residential area. . U. S. Council of Mayors Report 172 cities - more than 23,810 brownfields I Average brownfields 5 - 1 5 acres Redeveloped brownfields could produce $958 million and $2.2 billion annually Over half of the cities offering incentives 62 cities - $233,000,000 actual tax revenue 83,171 jobs created . Opportunity for Roanoke City is built out Economic shifts = underused corridors Recycling land = growth opportunity EPA Grants . Current Grants Assessment (2) Job Training Revolving Loan Fund (City match) Total $ 400,000 $ 173,000 $ 1,000,000 $ 200.000 $ 1,773,000 I I I I · Current Proposals Assessment Clean up $ 200,000 $ 200,000 Partnerships - Leveraging resources is key . Partnerships Limited City resources Manage risk for private sector Opportunities to capitalize on related public or private projects City-Wide Brownfield Plan - Contents . Opportunities · Typical brownfield process and challenges · Brownfield corridors . Policy and actions Brownfield Corridors Western Roanoke Riv,er Central Roanoke River Eastern Roanoke River Hollins/Plantation Road Corridor Statesman/RClT Corridor Shenandoah Avenue Corridor West End Corridor Campbell Avenue/Hollins Road Corridor Williamson Road Corridor Pol icy/ Actions · Zoning and development review · Area/corridor plans · Opportunity identification . Land assembly · Incentives and funding · Long-term stewardship 1 31 132 Planning Buildina & Development (PB&D) / Economic Development (ED) as Proiect Clearinghouse I . Ongoing outreach and education . Database of properties/opportunities . Seller works with ED to market property . Developer works with PB&D, ED and Department of Environmental Quality (DEQ) to address redevelopment issues Potential Target Areas for brownfield arants South Jefferson Redevelopment Area Mountain View / Norwich Corridor Summary - Brownfields: . Are a challenge Environmental issues Property assembly Multiple partners . But also an opportunity Transform neighborhoods Create jobs Attract new business and residents . Let us know if you see an opportunity! I (For full text, see copy of document on file in the City Clerk's Office.) Comments: Council Member Wishneff asked if the assessment grant money had already been committed; whereupon, Mr. Brown advised that about one-third of the money had been used from two assessment grants which could be used City-wide. Council Member Fitzpatrick expressed his appreciation for the information and stated that the main source of the potential property for the City to develop was located within the floodplain, and he encouraged continued efforts toward cleaning up property located within the City for future use. I I I I 133 The City Manager stated that a representative from the Department of Environmental Quality spoke about the Brownfield Program, and the Director and Program Administrator of the National League of Cities Conference were very complimentary of City staff that had been involved in the entire brownfield initiative and will be using the City of Roanoke as an example as they move across the State trying to encourage other localities to take a look at these type of properties as areas of opportunity and not view them as eyesores. In closing, Ms. Burcham complimented Messrs. Brown and Shaw for their initiative, knowledge and expertise in the Brownfield area. Global Warming and Roanoke Kenneth S. Cronin, Director of General Services, presented the information regarding global warming initiatives. He noted that 29.5% of Carbon Dioxide was speCifically related to the generation of power, and the United States was a very large user of coal-based generated power plants; and 10% was rel~ted to residential use and 14% related to transportation. He added that in 2005, the United States was indicated as the largest per capita user of fossil fuel in the world; and China would be included in future calculations, but presently, the United States uses the most fossil fuels. He pointed out that there are human activities, fossil fuel burning, deforestation and land use changes which create carbon dioxide, which creates the greenhouse effect, etc.; and increased efficiency, fuel switching, carbon capture and storage, nuclear electricity, wind power, solar power, biofuels, and natural carbon sinks (trees) would help reduce the emissions of carbon. He commented that the City of Roanoke is the first City to adopt the special tax break for energy-efficient buildings in the State of Virginia; the Clean and Green Campaign was designed to accelerate efforts already in place to make the City of Roanoke attractive and environmentally sound; and the business community is now involved by making commitments to look at their carbon footprint. In addition, the City of Roanoke was the first City in Virginia to join ICLEI (Local Governments for Sustainability) in September 2006, and City staff is working with SHENAIR, James Madison University, and Virginia Tech's Green Engineering Program to evaluate the City's options for climate improvement. He stated that ICLEI was a consistent way of addressing global warming issues, developing action plans and policies, and long term verifiable results; and the City is involved in the Green Project, the planting of trees to increase the tree canopy from 32% to 40% over the next ten years, the reforestation of three acres of Thrasher Park, and the preservation of mature trees through regular maintenance, all of which will have an impact on the future. 134 Mr. Cronin stated that the City was one of the first communities in Southwestern Virginia to: use bio-diesel fuel, which emits 60% less carbon dioxide which will help reduce the country's dependency on foreign oil; use Ethanol (10% blend) made from corn from the State of Nebraska; use of propane lawn mowers; reduce use of incandescent lights with LED lights; and use "power- save" on computer monitors and larger printers. He added that City employees receive bus passes to ride Valley Metro and the City has begun to install new carpet made from recycled materials. Also of importance, he pointed out that the City had hired energy experts to work on boilers, HVAC systems and lighting arrays rather than outsource said services; installed low flow and water free urinals, recycled employee trash, and implemented an environmental management system in the Public Works Operation Center. Mr. Cronin further stated that future plans are to work with ICLEI to develop a baseline emissions inventory with recommendations for the City and the greater community; implement the Council's initiatives including the tax relief program for energy efficient buildings; continue the Clean and Green Campaign; make municipal operations more efficient; and be recognized as a leading community in Virginia to improve the environment. (For full text, see copy of document on file in the City Clerk's Office.) Comments: Vice-Mayor Trinkle asked if the City would be able to utilize the energy experts to assist the Roanoke City Public School administrators in the implementation of similar initiatives and the utilization of the Brownfield grants; whereupon, Mr. Cronin stated that Gareth McAllister, the City's Facilities Manager, is on loan to the Roanoke City Public Schools, who is using his expertise to assist the School administration with said issues. Council Member Mason stated that she was working in concert with Mr. Cronin to contact the top ten employers in the City of Roanoke with regard to environmental initiatives and she hopes to report on their progress at a future meeting. I I Council Member Fitzpatrick commented on the recycling efforts and asked how the City was doing overall with regard to its recycling initiatives; whereupon, the City Manager advised that the initiative efforts were continuing, and the numbers were improving for residential recycling on a regular basis; and Skip Decker, Solid Waste Manager, has reached out to the business community to encourage recycling, which information is shared with the Council through the City's weekly update. I I I I 135 Council Member Wishneff asked if the City was working with the Valley Metro as well; whereupon, Mr. Cronin advised that the bus system can only use the bio-diesel fuel at about the 10% level because of bus warranty issues. Council Member Wishneff suggested that there be a long term tax incentive for energy efficiency to encourage investments by businesses. He noted that the States of California and New Jersey have mandated that their power companies have a certain percentage of renewable energy by a certain date, and if the State of Virginia wanted to be really successful in this area, some mandates should be adopted. At 12:45 p.m., the Mayor declared the meeting in recess for Closed Session, and reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor Harris presiding. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff, Alfred T. Dowe, Jr., an d Mayo r C. N e I so n H arri s----------------------------------------------------------------------------7 . ABS ENT: Non e -------------------------------------------------------------------------------------0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor presented a proclamation to Ron Ramsey, President, Roanoke Valley Amateur Radio Club, declaring Monday, January 7, 2008, as Roanoke Valley Amateur Radio Club Day. (See ceremonial copy of proclamation on file in the City Clerk's Office.) 136 CONSENT AGENDA I The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. APPALACHIAN POWER COMPANY-EASEMENTS: A communication from the City Manager requested that Council schedule a public hearing for Tuesday, January 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of an easement across certain city-owned property to Appalachian Power Company, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s-------------------------------------------------------------------------------------------7 . NAYS: Non e ---------------------------------------------- -------- ___________n__ u_uu____________ O. I SPECIAL PERMIT: A communication from the City Manager requested that Council schedule a public hearing for Tuesday, January 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to granting an encroachment into the right-of-way at 2501 Wycliff Avenue, S.W., for a retaining wall, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s-----------------------------u------n-------------------------------------___________nn 7. NAYS: Non e ________________________________________________________n_________________________ -----0. (Public hearing request was withdrawn inasmuch as applicant was no longer I interested in pursuing the matter.) I I I 137 BUDGET: A communication from the City Manager recommending adoption of the calendar of Events for Budget Preparation Activities for the fiscal year of 2008 - 2009, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the Vice-Mayor to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s _______________n________________________________________________________________---------- 1 . NAYS: Non e -------- --------------------------- --------------------------------------------------- -- 0 . PARKS AND RECREATION: A communication from Sharon L. Stinnette tendering her resignation as a member of the Parks and Recreation Advisory Board, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion second by Vice-Mayor Trinkle and adopted by the following vote: ' AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s-----------------------------------------------------------------n------------------------1. NAYS: Non e ----------------------------------------------------------------------------------------0. PARKS AND RECREATION: A communication from the Deputy City Clerk advising of the resignation of Robert C. Jones as a member of the Parks and Recreation Advisory Board, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s n__nn________________________nn__________nn_______________________________n__nnn 1 . NAYS: Non e _____________n_______________________________________________________________n________ O. 138 ZONING: A report of qualification of Kermit E. Hale as a member of the Board of Zoning Appeals, for a term ending December 31, 2010, was before the Council. (See Oath or Affirmation on file in the City Clerk's Office.) Council Member Mason moved that the report of qualification be received and filed. The motion seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Wishneff, Dowe an d Mayo r H arri s--------------------------------------m--------------------------------------------------l . NAYS: Non e------------------------------------------------------------------;:---------------------0. REG U LAR AG EN DA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: NONE. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: NONE. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of November 2001. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance highlighted the revenues through November 2001, and gave a summary of the financial report. Without objection by the Council, the Mayor advised that the Financial Report would be received and filed. I I I I I I 139 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF COUNCIL: CITY COUNCIL: Council Member Fitzpatrick called attention to a recent structure fire at a warehouse located at 128 Church Avenue, S. E., which occurred on Thursday, January 3, 2008. He complimented the City of Roanoke Fire/EMS department on its efforts and the Roanoke County Fire/EMS department with backup assistance at the scene. He requested that the Mayor forward correspondence to the County expressing the City's appreciation for their assistance. CITY COUNCIL: Council Member Dowe announced that he had attended funeral services of Vachaun Hash, Pastor, Temple of the Way Out Church, who passed away following a heart attack, and he urged the citizens of the City of Roanoke to keep the Hash and Church families in their prayers. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor stated that City Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. CITY COUNCIL-CITY MARKET: Colonel Robert Craig, 101 12th Street, S. W., appeared before Council and presented Vice-Mayor Trinkle with a symbolic photograph. He also spoke about the leases of tenants who occupy space in the City Market Building. CITY GOVERNMENT: Helen Davis, 35 Patton Avenue, N. E., appeared before Council to seek clarification as to what criteria is used for items requiring sponsorships of the City Manager or Members of Council in order to appear on the written agenda under Petitions and Communications. CITY GOVERNMENT: Evelyn Bethel, 35 Patton Avenue, N. E, appeared before Council and spoke about character. She cited various quotations that referenced character. 140 CITY MANAGER COMMENTS: NONE. At 2:35 p.m., the Mayor declared the Council meeting in recess for continuation of a Closed Meeting previously approved during the 9:00 a.m., session of the Council. I At 4:45 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Harris presiding and all Members of the Council in attendance, with the exception of Council Member Wishneff who left during the Closed Meeting. COUNCIL: With respect to the Closed Session just concluded, Council Member Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Trinkle, Dowe and Mayor HClrris------------------------------------------------------------------------------------------------------------E). NAYS: None__.m_____nnmnm_n_nmmmmnmmmn__.mnmn_____mm_m_mmQ. I (Council Member Wishneff was absent.) COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that inasmuch as Bittle W. Porterfield, III, had served three consecutive terms of office as the City's representative to the Roanoke Valley Resource Authority, he was not eligible to seek reappointment upon the expiration of his term of office on December 31, 2001, and called for nominations to fill the vacancy. The name of Laurence M. Levy was placed in nomination. There being no further nominations, Mr. Levy was appointed as a City representative to the Roanoke Valley Resource Authority Board for a four-year term of office ending December 31, 2011, by the following vote: FOR MR. LEVY: Council Members Fitzpatrick, Lea, Mason, Trinkle, Dowe an d Mayo r H arri s ___________uu______n_________________n____________________________________nn____-----6. (Council Member Wishneff was absent.) I I I I 141 COMMITTEES-HOUSING: The Mayor advised that there is a vacancy on the Roanoke Redevelopment and Housing Authority Board of Commissioners created by the resignation of Gregory W. Feldmann for a term ending August 31, 2010, and he opened the floor for nominations. The name of Cheryl C. Miller was placed in nomination. There being no further nominations, Ms. Miller was appointed as a member of the Roanoke Redevelopment and Housing Authority Board of Commissioners to fill the unexpired term of office of Gregory W. Feldmann ending August 31, 2010, by the following vote: FOR MS. MILLER: Council Members Fitzpatrick, Lea, Mason, Trinkle, Dowe an d Mayo r H arri s ___________________n__________________________________________________________________----6. (Council Member Wishneff was absent.) PLANNING (FIFTH PLANNING DISTRICT): The Mayor advised that the expiration of the term of office of Carol Tuning as the City's representative to the Fifth Planning District Disability Services Board will expire on January 31, 2008; whereupon, he called for nominations to fill the vacancy. The name of Carol Tuning was placed in nomination. There being no further nominations, Ms. Tuning was reappointed as the City's representative to the Fifth Planning District Disability Services Board for a three-year term of office ending January 31, 2011, by the following vote: FOR MS. TUNING: Council Members Fitzpatrick, Lea, Mason, Trinkle, Dowe an d Mayo r H arri s -------------------------------------------------------------------------------------------6. (Council Member Wishneff was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:50 p.m. APPROVED ATTEST: CJt~~ c. Nelson Harris Mayor '~.~ Stephanie M. Moon, CMC City Clerk 142 ROANOKE CITY COUNCIL-REGULAR SESSION I Jamuary 22, 2008 I 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 22, 2008, at 2:00 p.m., ~oom 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-1 5, Rules of Procedure, Rule 1, Regular Meetinos, Code of the City of Roanoke (1979), as amended, an1d pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Memblr Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Alfred T. DowJ, Jr., Beverly T. Fitzpatrick, Jr., and Mayor C. N e I so n H arri S_umummmm_____Jm___m_mmmmum_ummm_mmum_muu_m__6. ABS ENT: Co unci I Me m be r B ~i an J. Wi s h n e ff____________________________________n___n 1 . OFFICERS PRESENT: DarlJne L. Burcham, City Manager; William M. I Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk. The Invocation was delivererij by Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. I 1 PRESENTATIONS AND ACKNOWLEDGEMENTS: I I ACTS OF ACKNOWLEDGMENT: The Mayor recognized Exchange Students from Wonju. PROCLAMATIONS: The Mayor presented a proclamation to Chief Gaskins I declaring the month of January as Stalking Awareness Month. I (See ceremonial copy of proclamation on file in the City Clerk's Office.) I I I I 143 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. The Mayor called attention to two requests for Closed Meetings. MINUTES: Minutes of the regular meeting of Council held on Monday, November 5,2007, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Council Member Mason moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayor Harris--------------------------------------------------------------------------------------------------6. NAYS: No n e nn________u_u_un_uu__u_n_nunun_u_n_u_________uu_unu_u_____nnn-0. (Council Member Wishneff was absent.) CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s u_______u_uu_u_____nuuu_________nun______u__uuu____n__u_u_______u_un________ 6. NAYS: Non e _u_uuu____unuun____n_u_u_nu____unuu______uu_u______nuuu____--n-O. (Council Member Wishneff was absent.) 144 CITY COUNCIL: A communication from Council Member Alfred T. Dowe, I Jr., Chair, Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of three Council-Appointed I Officers, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of Council Member Dowe to convenb in Closed Meeting as abovedescribed. The motion was seconded by Vice,Mav1or Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s 'mnnnmmm' n'nnm"i"mnm'mmmnmnnnn--n'---nmnmm' mnmn6. NAYS: Non en---n------unun-ruuuun __________u_uuuuuuuuu_ ________nnnn_n_ ---0. (Council Member Wishneff was absent.) ANNUAL REPORTS: Annual Report of the City Planning Commission for Calendar Year 2007, was before the Council. (For full text, see annual report on file in the City Clerk's Office.) I Council Member Mason moved that the annual report be received and I filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members ILea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H a rri smnnmnnn'"'mmm.mj'nnnnnn__mmn"mnnnnndm"nnmnnmnn__6. NAYS: Non e ----uun-u-u---uuru-uu-- _____un n_u_un __nnnn_____ n nu____ --nnn---O . (Council Member Wishneff was absent.) I ROANOKE ARTS COMMISSION-TOWING ADVISORY BOARD-ROANOKE VALLEY RESOURCE AUTHORITY: I Reports of qualification of the following individuals, were before the CounGil: I I I I 145 Adrienne Barnett as a member of the Roanoke Arts Commission, for a term ending June 30, 2010; Michael P. Wright as a member of the Towing Advisory Board, for a term ending October 31, 2010; Laurence M. Levy as a City representative of the Roanoke Valley Resource Authority, for a term ending December 31, 2011; and Cheryl C. Miller as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, to fill the unexpired term of Gregory W. Feldmann ending August 31, 2010. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Mason moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s uuunuun_u_nu__n________________________u___u_u__u__uun_u_u_______-------------6. NAYS: Non e __________________n____uunuuu_u_u_uuuuu_______________uuu_u_nunun_O . (Council Member Wishneff was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TOTAL ACTION AGAINST POVERTY: Annette Lewis, Vice President of Programs, expressed appreciation to the Council for designating Total Action Against Poverty (TAP) as the Community Action Agency to serve some of the most vulnerable citizens in the community and for their support in ensuring that TAP has the needed resources to revive dropout retrieval, education, hard and soft skill training, domestic violence, victim services, a new beginning for x-offenders, shelter for the homeless, and fatherhood services to non-custodial dads; and the leveraged funds received by TAP have impacted the lives of approximately 3,360 citizens in the community. 146 Ms. Lewis stated that TA~ is scheduled to complete Phase I of the renovations to the 225-unit Terrace Apartments by December 2008, and families are moving into renovate~ Building NO.7 in Terrace North, leaving only two units vacant to date. I She further stated that the renovation of the Dumas Center for Artistic and Cultural Development was the first step in revitalizing Henry Street, hoping the Martin Luther King Jr. Bridge and monument unites Henry Street to downtown Roanoke -- the past unhes with the present and the future, with the Dumas Center in the midst of it ~II. Additionally, TAP is providing support or partnership for its free tax c1init, individual development account program, supervised visitation and safe exc~ange program. Ms. Lewis elaborated on thl free tax services, noting that last year TAP provided services to 419 low-incort,e individuals, which resulted in $524,329.00 I in tax returns, of which $206,741.00 was earned income tax credits, adding that the Tax Clinic would be open~d again on January 31, 2008. She explained that since 2001 the TAP IndividLal Development Account Program received $150,000.00 in matched funds to help approximately 71 participants purchase assets -- 39 become first-time home buyers, 12 pay for education, and 20 invest in their own businesses; and others received $32,000.00 in 4-to-1 match dollars. In November 2007, after a year of training and planning, TAP opened the doors of the Supervised Visitatioh and Safe Exchange Center for Victims of Domestic Violence, Sexual Assadlt, Stalking and Child Abuse, whereby 26 individuals received said services lvhich offer a safe haven for abused women with children. I Ms. Lewis highlighted sonre of the major initiatives that TAP has undertaken in other parts of the region: . Economic Development Plank extend to Clifton Forge with the purchase of five homes on Keswick \ Street to be renovated into single-family dwellings for first time home buyers with children who meet the low to moderate income guidelines. . Office space to expand the current services provided in Clifton Forge community. . Working with a Clifton Forge company on plans to convert the Clifton Forge High School into a potJntial art school. I I I I 147 . Researching a historic African-American high school in Clifton Forge to determine if it can be converted into rental property. . Working with the Augusta County Regional Dental Clinic to expand services to Rockbridge and Rockingham Counties for desperately needed dental services to children and adults. . Development of a State of the Poor Address that details the conditions of poor people all across the Roanoke Valley and the Alleghany Region, which will be updated annually and provide assistance to TAP as they work with partners and municipalities to resolve issues to improve the quality of life for all of the citizens in the region. In closing, Ms. Lewis expressed appreciation to the Council and the City of Roanoke for its assistance and support. (For full text, see copy of the document on file in the City Clerk's Office. Mayor Harris recognized Ms. Lewis for sharing activities coordinated by Total Action Against Poverty throughout 2007. REPORTS OF OFFICERS: CITY MANAG ER: BRIEFINGS: 2007 Crime Statistics Police Initiatives A. L. '~oe" Gaskins, Chief of Police, reviewed the following Crime Reduction Update: Year to Year Comoarison -10.04% -66.67% -18.87% 945 3,924 1002 3,607 6.0396 -8.08% 148 Motor Vehicle Theft I 6.97% -25.00% 17.78% -2.79% I 962 I 4,931 \ 401 I 33 945 3,924 385 33 - 1 . 77% -20.42% - 3.99% 0.00% I I I I I 149 City of Roanoke Homicides by Year, 1994-2007 18 16 14 Ul Gl 'tl 12 'u "E o 10 J: '0 8 ... Gl ~ 6 :I Z 4 2 o 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Year City of Roanoke Burglaries, 2004-2007 1010 1000 III 990 Q) ';: 980 Cll C, 970 ... :I m 960 '5 ... 950 Q) .c 940 E :I 930 Z 920 910 2004 2005 2006 Year 2007 150 c: 40 o III 35 l'lI > c: 30 - III CIl CIl E"': 25 o CIl :I: ~ 20 -0 ~ a: 15 CIl .c E 10 j Z 5 o ... Cll CI) > City of Roan1oke Home Invasion Robb~ry, 2004-2007 , I I 45 2004 2005 2006 2007 Year City of Roa~oke I Robbery, 200r-2007 I 2004 2005 2006 2007 o 100 150 I 200 Number of Robberies I 300 250 50 I I I I c: 40 o rn 35 III > c: 30 -rn CI)CI) E 0;: 25 o~ :I:..c 20 -0 ~ a: 15 CI) ..c 10 E ;:, Z 5 1 51 City of Roanoke Home Invasion Robbery, 2004-2007 45 o 2004 2005 2006 2007 Year Chief Gaskins advised that burglaries and robberies had increased and the Police Department has taken several proactive steps to reduce crime in those particular areas, and in 2007, there was an overall crime reduction of six percent. In 2006, there was a 14 percent reduction in overall crime, whereby he felt that the assignment and response time of police officers had helped to reduce the crime rate. He noted that in 1994 and 2007, there were four incidents of murder, and with the exception of those four incidents, the City . had experienced the lowest incidents of murder over the past 40 years. He pointed out that the Police Department is monitoring the high risk domestic violence cases, adding that the Domestic Violence Task Force has helped the citizens become more aware of the problem, which has had a positive impact. He mentioned that there were two specialists that perform crime analysis and profile people, which help to better forecast where crime may occur before it happens. He also commented that drug abuse and drug traffic has caused an increase in home invasions all over the United States, emphasizing that this type of burglary is assigned to the organized crime unit. 152 In closing, the Chief indicated that the Police Department was working I with Radford University to furt~her define innovative ways to patrol and investigate home invasions, add i rill I g that a reward program had been initiated and new brochures had helped to educate and inform the citizens. He distributed copies of pamphlets regarding prevention of motor vehicle theft, . rape prevention, property crimesl initiative, the Juvenile Curfew Center, filing false police reports, robbery prevention information, and important information about keeping you and your family safe. (See copies of pamphlets on file in the City Clerk's Office.) Comments: Council Member Dowe commented that the City of Roanoke had been I recognized on a state and national level as a model for being proactive in crime education and prevention. He I inquired about statistics in hate crimes; whereupon, Chief Gaskins stated that there had not been an increase in hate crime. Council Member Lea expressed his appreciation and support for the Police Department's efforts and wbrk in the area of domestic violence, as well as crime and home invasions ~ithin the City, adding that he has always encouraged citizens to come forward to report crimes so that they may be solved. I The Mayor expressed apprec'iation to Chief Gaskins for his comments on the Crime Statistics Police Initiative1s for 2007. The Mayor advised that the briefings pertaining to global warming and the overview of the 2008 assessment process would be held in the Council's Conference Room, immediately f6110wing the 2:00 p.m. session. (See pages 163-166) ITEMS RECOMMENDED FOR ftiCTION: POLlCE-GRANT-BUDGET: T~e City Manager submitted a communication recommending ad:eptance of the Domestic Violence Grant from the Virginia Department of Criminal Justice Services. (For full text see communication o~ file in the City Clerk's Office.) Council Member Mason offerld the following resolution: I written Prog ram I I I I 153 (#37990-012208) A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP) grant to the City from the Virginia 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. 72, page 141.) Council Member Mason moved the adoption of Resolution No. 37990- 012208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s _____________n_____ -----------n-----------------------------------------------------------------6. NAYS: Non e -------------- n______________n_______ ---------------- ----------------------------------0. (Council Member Wishneff was absent.) Council Member Dowe offered the following budget ordinance: (#37991-012208) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), amending and reordaining certain sections of the 2007- 2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 142.) Council Member Dowe moved the adoption of Budget Ordinance No. 37991-012208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s -_____________________________n__________________________________________________----------------6. NAYS: Non e ---------------------------------------n-------------------------------n--------------O. (Council Member Wishneff was absent.) YOUTH-BUDGET-GRANT: The City Manager submitted a written communication recommending acceptance of the Juvenile Accountability Block Grant from the Department of Criminal Justice Services. (For full text, see communication on file in the City Clerk's Office.) 154 Council Member Mason offered the following resolution: I \ (#37992-012208) A RESOL~TION accepting the Juvenile Accountability Block Grant UABG) from the Virginia Department of Criminal Justice Services, authorizing execution of any requ1ired documentation on behalf of the City, and authorizing the City to serve as fislca' agent. (For full text of resolution, see Resolution Book No. 72, page 143.) Council Member Mason mlved the adoption of Resolution No. 37992- 012208. The motion was secondbd by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Llea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayor H arri s__nd______m__nm__mnn'j_____.__m__mmmm'______um...'mmmnmnmm__6. NAYS: Non e n__nn___n_________nn____nnn_____________________n_________nnn ----------n---O . (Council Member Wishneff was abs11ent.) Vice'Mayor Trinkle offered the following budget ordinance: I (#37993-012208) AN ORDINlNCE to appropriate local match funding and funding from the Commonwealthl of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Program, amending and reordaining certain sections of \the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 144.) I Vice-Mayor Trinkle moved t~e adoption of Budget Ordinance No. 37993- 012208. The motion was seconde~ by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayor Harri s____mn___m__mm___ou____JI__mm_____mmmuum'mmn__umuunmnmm__6. NAYS: Noneoumouu--m----m'rnm-----m--m-------mm--m.m------nmn.um,nO. (Council Member Wishneff was absent.) 1 I I I I 155 EMERGENCY MEDICAL SERVICES-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance of the Rescue Squad Assistance Fund Grant from the Virginia Department of Health, Office of Emergency Medical Services. (For full text, see communication on file in the City Clerk's Office.) Vice- Mayor Trinkle offered the following resolution: (#37994-012208) A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 72, page 145.) Vice Mayor Trinkle moved the adoption of Resolution No. 37994-012208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s______________nnn_n_nnnnn___n__nn_n____n_n_n___nn---n------nn-- -nn-n--n-6. NAYS: Non e _______n_________________________nn____ _______________U_____n______n_nnn_____n O. (Council Member Wishneff was absent.) Council Member Dowe offered the following budget ordinance: (#37995-012208) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 146.) Council Member Dowe moved the adoption of Budget Ordinance No. 37995-012208. The motion was seconded by Council Member Mason and adopted by the following vote: 156 Mayor ~Ya~~;s---~,~,~.~,~~~..~,~~~e'~~"f:,-.~:~~'~~--~~~~~~~:m~~~~'~"~~~'~~:~~~~'~:---~~6~ I NAYS: Non emmmmmum-rm--m-mmumm--m---umm-mmmum-m-muo. (Council Member Wishneff was absent.) I GRANTS-SEWERS AND SlilORM DRAINS-WESTERN VIRGINIA WATER AUTHORITY: The City Manager submitted a written communication recommending adoption of a resolution supporting the grant application for the Fairhope Road sewer extension. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offJed the following resolution: I (#37996-012208) A RESOLUtiON authorizing the City Manager to submit an application to the Virginia Department of Housing and Community Development for a. Southern Rivers Watershed Enhancement Program grant for the Fairhope Road Sewer Extensil\on project, in the amount of $375,000, to provide money for the Western Virginia Water Authority (WVWA) for such project, which is located within the City of Roanoke; authorizing the execution I of the necessary documents a1nd providing additional information; and authorizing the City Manager to ~rovide for the transfer to the WVWA of any such grant funds. (For full text of resolution, see Resolution Book No. 72, page 147.) Council Member Mason moled the adoption of Resolution No. 37996- 012208. The motion was seconde~ by Vice-Mayor Trinkle. Council Member Dowe exprlssed appreciation on behalf of the Fairland Lake residents. There being no further comments by the Council Members, Resolution No. 37996.012208 was adopted b1 the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayor Harri sm_'n___m___n________"___"(,.,,_"______,,___,...mmm..m..m.."_____'______m.,6. NAYS: Non e-m-mm-mm------r-m-mnn--mm--mmm-m-----------mmmum--o. (Council Member Wishneff was absent.) I 157 I HEALTH DEPARTMENT-CITY EMPLOYEES-HUMAN SERVICES-BUDGET: The City Manager submitted a written communication recommending authorization to continue funding the Restricted Eligibility Worker position stationed at the Health Department. (For full text, see communication on file in the City Clerk's Office.) Vice- Mayor Trinkle offered the following budget ordinance: (#37997-012208) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Medicaid Eligibility Worker position, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 148.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance NO.3 7997- 012208. The motion was seconded by Council Member Mason and adopted by the following vote: I AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s _n_____nu__n______ --u--nu_______nunu_______________________n_u_______n_u___________6. NAYS: Non e __uunU__nuuun_________u____un______u____________un u-uu__nu____u__n_O. (Council Member Wishneff was absent.) EQUIPMENT-POLlCE-GRANTS: The City Manager submitted a written communication recommending acceptance of a Wolf Pack Remote Viewing System from the Department of Homeland Security to support operational units in the Police Department. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#37998-012208) A RESOLUTION accepting the Commercial Equipment Direct Assistance Program (CEDAP) grant made to the City from the Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. I (For fu II text of resol ution, see Resol ution Book No. 72, page 149.j 158 Vice-Mayor Tinkle moved t~e adoption of Resolution No. 37998-012208. I The motion was seconded by Oouncil Member Mason and adopted by the following vote: AYES: Council Members ILea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r Harrism-m'-.m--nm'mm--n'l---m--mmmmm---------mmmmmmn-------'---n6. NAYS: Non emmnn_,m__m__rmn'___mmmmmmn____n__m'mm'mnmnm__O. (Council Member Wishneff was absent.) DATASAFE: The City Man1ager submitted a written communication recommending execution of additional amendments to the contract with DataSafe, LLC, to increase the exi~ting Contract's "not to exceed" amount, per year, for the two remaining optional renewal periods for records storage services. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered t~e following resolution: \ (#37999-012208) A RESOLUTION authorizing the City Manager's issuance I and execution of additional Amen~ments to the City's Contract with DataSafe, LLC, for additional record storage ~ervices for various City departments. (For full text of resolution, see ResLution Book No. 72, page 150.) Vice'Mayor Trinkle moved th1r adoption of Resolution No. 37999'012208. The motion was seconded by Council Member Mason and adopted by the following vote: ! AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayor Harri smn___m__mmn_mmm'_j..m____mdm'_mmm__mmm__n____mmmm_.m6. NAYS: None---------m'mm'm'rmm'....---mm--.-mnmmm-mmmnmm--mO. (Council Member Wishneff was absent.) I CAPITAL PROJECTS-STATE HIGHWAYS-STREETS-SIDEWALKS-BRIDGES: The City Manager submitted a written :communication recommending execution of four new project agreements with the Virginia Department of Transportation for bridge repairs and renovation, pavihg, curb, gutter and sidewalks. (For full text see communication onl file in the City Clerk's Office.) I I I I 159 Vice-Mayor Trinkle offered the following resolution: (#38000-012208) A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements with the Virginia Department of Transportation to locally administer and implement the Main Street (Wasena) Bridge Repair and Renovations, the Franklin Road Bridge Repair and Renovations, the Citywide Curb, Gutter and Sidewalk Program, and the Citywide Paving Program. (For full text of resolution, see Resolution Book No. 72, page 151.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38000-012208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s nu____ ____nnnn_n___ u_____u_un_n nun____n_n_uu__ _______nnunuu_________nu_6. NAYS: Non ennnnn________nunnunn_________nnnnu____nnu_u_un_____n_n_nu__---0. (Council Member Wishneff was absent.) Council Member Dowe offered the following budget ordinance: (#38001-012208) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to various capital projects and for street paving, amending and reordaining certain sections of the 2007-2008 General and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page152.) Council Member Dowe moved the adoption of Ordinance No. 38001- 012208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and MaL)f()r HaLrris--------------------------------------------------------------------------------------------------E>. NAYS: Non e u----uuu-_____nnu________n_un______uuu___n_uu_____uun______nun-----O. (Council Member Wishneff was absent.) 160 REPORTS OF COMMITTEES: I HOUSING (FAIR HOUSING BOARD)-ANNUAL REPORT: Sherman V. Burroughs, IV, Member, Fair Housing Board, shared information with regard to I the annual report of the Fair Housing Board for Fiscal Year 2006-2007, advising that the Fair Housing Board contihues to address the impediments indentified in the 2001 study by HOME, Inc., lAnalvsis of the Impediments to Fair Housinq . in Roanoke. Virginia. He noted thjat of the 42 impediments listed in the study, 20 had a recommended remedy of outreach and/or education, which issues fall within the responsibilities that C6uncil has given the Fair Housing Board and continue to be the focus of the Bo~rd's activities. He highlighted the following: The Fair Housing Board, in cooperation with its community partners, continues to collect data on alleged cases of housing discrimination in order to I target its outreach and educational efforts. During 2006-2001' there were 25 incidents of alleged housing discrimination reported. The complaints registered spanned almost the entire @amma of protected classes including: race (11 incidents), disabilitYI (8 incidents), six (2 incidents), religion (1 incident), familial status (2 incident) and elderliness (1 incident). Eight of these incidents wete filed with the Virginia Fair Housing Office and/or HUD. The casbs filed as a result of those complaints included all the above protected classes with the exception of elderliness. As has been \true in the past, race and disability continue to be the proteGted classes generating the greatest number of complaints and cJses filed. Over the past year, the Boar1 has maintained a continued dialogue with the Roanoke Valley Ass6ciation of Realtors (RVAR). The Board, based on report data receive~ last year, offered to partner with the RVAR to complete a paired ~esting audit targeted at assessing the presence of housing disctimination in sales activity. After consideration, the Board of the RVAR decided not to conduct any testing. The Fair Housinb Board continues to partner with numerous local agencies in Gollecting housing data and complaints to assist with developing str~tegic direction for the coming months and years. I (For full text, see copy of annual report on file in the City Clerk's Office.) I I I I 1 61 For the record, E. Duane Howard, former Member of the Fair Housing Board, filed a statement in response to the abovementioned comments in connection with the Annual Report of the Fair Housing Board for 2006-2007. (See copy of remarks on file in the City Clerk's Office.) SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds to various programs; and the Director of Finance submitted a written report recommending that the Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38002-012208) AN ORDINANCE to appropriate funding from the Commonwealth government as well as from local match, donations, and fees, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 153.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38002- 012208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, Fitzpatrick, and Mayo r H arri s nnu___nu_nn_n_n_n_____n_n nun _n__u_______nnnnu_n_____u_unun nun____n6. NAYS: Non enn_nnnnnnunu___n_n___nnunuu____uu_u_n______n_nun_u___nn_nO. (Council Member Wishneff was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: NONE. 162 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I Council sets this time as a pribrity for citizens to be heard; and matters requiring referral to the City Man~ger will be referred immediately for response, recommendation or report to coutCil. COMPLAINTS-ECONOMIC DEVELOPMENT: Ms. lIeada Ribble, 1511 Gilford Avenue, N. W., appeared before the Council to express concern regarding frivolous spending of taxpayers' money to benefit those individuals who are renovating the Hancock Building. (See copy of prepared statement on file in the City Clerk's Office.) I COMPLAINTS-POLICE: Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., appeared before the Council and lexpressed concern with regard to continued police brutality in the City of Roanoke. (See copy of prepared statement o~ file in the City Clerk's Office.) CITY MANAGER COMMENTS: SEWER-STORM DRAINS-WATER-CELEBRATIONS-SCLC-MONUMENT: The City Manager noted that six of the Jight agenda items listed under Reports of I Officer-City Manager section, invo'lved applications for receipt of grant funds; and that City staff is always searching for different financial sources to provide funding for projects and program~. She also added that the grant application for the Fairhope Road sewer exte~sion was submitted by the Western Virginia Water Authority, with support from the City of Roanoke. She commended City crews on their efforts on snow removal on Thursday, January 17, noting that lall main arteries were clear within 24 hours, which allowed the Roanoke City F?ublic Schools to open on a two-hour delay schedule; and she shared various Jctivities held over a four day period in honor of Dr. Martin Luther King, Jr., hi9hl\ighting the annual walk that is sponsored by the Roanoke Chapter of the Soutnern Christian Leadership Conference (SCLC) on the third Monday in January. M~. Burcham also announced that the Ribbon- , cutting and Monument Unveiling Geremony for the Dr. Martin Luther King, Jr., Memorial Bridge and Statue will ~e held on Tuesday, February 19, 2008, at 11 :00 a.m., with a march comniencing at First Baptist Church Gainsboro, I followed by a ceremony at 11 :30 a.m. I I I I 163 In closing, the City Manager announced that the City Clerk was a recipient of the Dr. Martin Luther King, Jr., Drum Major for Justice Award at the Annual SCLC Banquet held on Friday, January 18, 2008, at the Wyndham Hotel. At 3:15 p.m., the Mayor declared the Council meeting in recess to be immediately reconvened in the Council's Conference Room, Room 451, for two briefings and a Closed Meeting. At this point, Mayor Harris left the meeting (3:15 p.m.) The Council m~eting reconvened in the Council's Conference Room, with Vice-Mayor Trinkle presiding and all Members of the Council in attendance, with the exception of Council Member Wishneff and Mayor Harris. City of Roanoke Global Warming Carbon Footprint The City Manager introduced Sean McGinnis, Director, Virginia Tech Green Engineering Program, who shared a presentation of the ICLEI Baseline Report Summary for the City of Roanoke via powerpoint, which included the following topics: the ICLEI process and timeline from 2005 to 2012 and beyond, analysis methods, baseline scope, data sources, data analysis, electricity grid fuel mix, building sector, vehicle fleet sector, lighting sector, implemented and potential municipal measures - analysis results, community baseline emission comparisons, community conservative options analyzed in all five community sectors (waste, residential, commercial and industrial, and transportation), C02 emission reductions, and recommendations for the next steps for emission reduction. Mr. McGinnis pointed out that the municipal facilities were responsible for only 1.9 percent of the C02 baseline emissions as reflected in the following chart: 164 Municipal Emissions Ar~ A Small Contribution To The Overall Co~,m.unUy Baseline I CO2 Baseline Emissions I - Community Comparison ) l 154 ,,~ 24,82 L"" I 0,60;', I I ~NAU~ <lit ...!" t->l><l-U- fJ,790 2.3%; Municipal "._",..,,,,,.,,,,.Community,,,.... "....,6,39L .,.",,,.,.,,9,736 . Municipal (%i 1.8% ",,2,60CL .,......".u.". 250. W1VirginiaTech Invent fhe Future I He mentioned that simPIJ things like HVAC and boiler upgrades, changing light bulbs, using bio-dielsel blend fuels, and recycling waste would be I a starting point to help reduce the amount of energy used and would be more cost effective over a relatively short period of time. In closing, he indicated thaJ the City needed to set emissions reduction goals, develop a local governmen~ action plan, implement a local action plan, and monitor and verify the results. I (For full text, see copy of presentat!ion on file in the City Clerk's Office.) I Comments: Council Member Mason requested City officials to remind staff to recycle paper to help increase the City's re:cycling rate that is hovering around 38 to 40 percent, as well as encourage citizens to do the same to further the cause. The City Manager pointed Lt that she has served on the Governor's Energy Advisory Council, whereby it was acknowledged that the City of Roanoke is on the forefront of the green init'iative; and the City has had several pieces of legislation adopted that provide intentives to encourage green development in the Roanoke community. She anno:unced that the City will break ground on the new Williamson Road Fire Station, which will be the first LEED certified building I in the community, and other projects were in line to be recertified. I I I I I I 165 In conclusion, Ms. Burcham expressed appreciation to Ken Cronin, Director of General Services, for his efforts regarding energy reduction, and she stated that education was the key to all efforts towards energy conservation. Vice-Mayor Trinkle asked if any of the buildings scheduled to go online would be taken into account as the City tries to reach its goals; whereupon, Mr. McGinnis responded in the affirmative, adding that the current model does not have a lot of growth in it since it is hard to predict the number of new buildings, and therefore, the predictions were based upon low growth assumptions, which per population is good for Roanoke, but not so for development. There being no further discussion, the Vice-Mayor expressed appreciation for the presentation on global warming carbon footprint. Overview of 2008 Assessment Process Susan Lower, Director of Real Estate Valuation, gave an overview of the property market values used for assessment of real property. She pointed out that the State Code requires that all real property be assessed for taxation at 100% of the market value, and the Roanoke City Code requires that all property be assessed on an annual basis, with an effective date of July 1 of each year. She highlighted the following data: · the 2007 real estate rumors, i.e.: real estate sales going down, sale prices are falling, houses on the market for a long period of time, houses sell way below list price, foreclosures are increasing, builders and developers have overstocked the market, etc.; · sale prices of housing - the residential sales analysis; · average days on the market and percent of list price to sale price; · number of foreclosures - foreclosure sales between 2004 - 2007; · real estate assessment projections for Fiscal Year 2008-2009, i.e.: tax base will increased by 3.10%, new construction will increase 1.50%, and total increase overall is 4.60%; · 2008 areas of concentration - affordable housing, commercial real estate hot spots, new construction projects, and rehabs; and · survey of other reassessment increases in surrounding areas. 166 She noted that the data indicates that the increase in real estate I assessments are indicative of the stability and modest growth in Roanoke's housing, the neighborhoods are Istrong and growing, revitalization is taking place, and real estate is a good i?vestment - both residential and commercial. In addition, she noted the following tax relief programs: elderly tax freeze, disability tax relief program, rehabilitated tax abatement, land use, solar energy abatement, and the energy efficierh - reduced tax rate. (For full text, see copy on file in th1e City Clerk's Office.) The City Manager commen~ed thai the City is doing exactly what was approved in the Strategic HOUSingl Plan, wherein one of the goals was to move the City's average home price closer to the regional average. She noted that the City continues to have afford~ble housing, but unfortunately, the existing and new housing is reflecting an i~crease in value, which increases the housing stock in certain neighborhoods. ,she added that if the City is to continue to provide services that its citizens deserved, there are only two choices: either put more of a tax burden on the I existing citizens or expand the tax base in such a way that it brings more people and new people into the community. There was discussion regar~ing the rehabilitatio~ of older properties to ensure more energy efficiency add to preserve the environment, which may I attract renters and homebuyers batk to the City. I I At this point, the Mayor entered the meeting (4:20 p.m.) There being no further cJmments and/or questions by the Council Members, the Vice-Mayor declared the meeting in recess for a Closed Meeting. I _ At 7:00 p.m., on Tuesday, January 22, 2008, the Council meeting was reconvened in the Council Chamber, with Mayor C. Nelson Harris presiding. PRESENT: Council Membe~s Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Alfred T. Dowe, Jr., and Mayor C. Nelson Harris-m---mm-mu--5. ABSENT: Council Members Beverly T. Fitzpatrick, Jr., and Brian J. Wishneff--------------------------------------------------------------------------------------------------------2. OFFICERS PRESENT: DarleJ L. Burcham, City Manager: William M. Hackworth, City Attorney; Jesse A. tHall, Director of Finance; Stephanie M. Moon, City Clerk. I I I I 167 The Invocation was delivered by Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Steel Dynamics to permanently vacate, discontinue and close the easternmost end of Westside Boulevard, N. W., containing approximately 30,365 s.f., more particularly bounded by properties owned by Roanoke Electric Steel and bearing Official Tax Nos. 6021102, 6021101,6021106 and 6021105, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2008 and Friday, January 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the applicant's request to vacate the subject portion of Westside Boulevard, subject to the conditions as set forth below, with a sale price of $7,591.00. · The applicant shall dedicate right-of-way on Official Tax Map No. 6021106 and construct a vehicular turnaround area, subject to City standards and approval. · The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would 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. 168 . Upon meeting all other conditions to the granting of .the I application, the applicant shall deliver a certified copy of this ordinance for recordatidn to the Clerk of the Circuit Court of I 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 certifiJd copy of this 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 hive not been met within a period of one year from the date of Adoption of this ordinance, then such ordinance shall be null dnd void .with no further action by City Council being necessary. Section 30-1 4 (5) of the Coae of the City of Roanoke provides the following standards for stredt and alley vacation requests: I "Following the hearing blfore the City Planning Commission on an application to a'te~l or vacate a street or alley, the Commission shall report in writing to the City Council whether in its opinion, any, and i~ any, what inconvenience would result if the application was ap~roved by Council, and the Commission shall report and make la recommendation to Council as to whether the application stoUld be approved," The City Planning Commission advises it finds that there is no public inconvenience created in granting the applicant's request; however, the bridge adjoining the subject portion of Westside Boulevard would only serve the applicant and not the general public. (For full text see report on file in the City Clerk's Office.) Council Member Dowe offerea the following ordinance: I I I I 169 (#38003-012208) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 155.) Council Member Dowe moved the adoption of Ordinance No. 38003- 012208. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38003-012208 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, and Mayor Harris---5. NAYS: Non e---un-unu__nnuuun__nnu_nu__nnnun____nnu_u____nnu____nnunO. (Council Members Fitzpatrick and Wishneff were 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, January 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Trustees of God's House Baptist Ministry to rezone properties at 3601, 3707, and portions of 3619 and 3621 Melrose Avenue, N. W., being Official Tax Nos. 2761606, 2761607, 2761608, 2761609, 2660130, and portions of 2660101 and 2660102, from R-7, Residential Single- Family District, and MX, Mixed Use District, to IN, Institutional District, subject to certain conditions proffered by the petitioner, in order to expand an existing building and parking on the site, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2008 and Friday, January 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) 170 The City Planning Commission submitted a written report recommending I that City Council approve the ~equest, subject to the following proffered conditions, and advising that it round the application to rezone the subject properties to IN, Institutional witt, conditions for the purpose of expanding an existing place of worship and as~ociated parking facility to be consistent with I the City's Comprehensive Plan and the Peters Creek North Neighborhood Plan: The property be develope!d in substantial conformity with the Development Plan prepared by Balzer and Associates, dated December 28, 2007, and sLbject to those changes which may be required by the City of \ Roanoke during the comprehensive development plan review pr0cess. The proposed curb cut for lny new commercial entrances shall be designed and constructed t~ maintain a cross slope of two percent or less across the sidewalk drea. The new building will be completed utilizing the architectural treatments currently found on the existing building facades, consisting of brick veneer or all visible sides from the public right- of-way to a height of eight f~et above finished floor elevation, split faced CMU block and pre,finished metal siding. I (For full text, see .report on file in t1he City Clerk's Office.) Council Member Mason offe~led the following ordinance: (#38004-012208) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, a1nd the Official Zoning Map, City of Roanoke, I Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certainl conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 1 58.) Council Member Mason moved the adoption of Ordinance No. 38004- 012208. The motion was seconded by Council Member Lea. The Mayor inquired if there were persons present who wished to speak in connection with the matter. TherJ being none, the Mayor declared the public hearing closed. I I I I I I 1 71 There being no questions and/or comments by the Council Members, Ordinance No. 38004-012208 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, and Mayor Harris---5. NAYS: Non enuuuunn_n_unnuu_____nnnnunu__nnnnuu__n_uuuun__n__nnuO. (Council Members Fitzpatrick and Wishneff were 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, January 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend Vision 2001- 2020, the City's Comprehensive Plan, to include the City-wide Brownfield Redevelopment Plan, which encourages the voluntary reuse of brownfield sites across the City by identifying barriers to redevelopment of these properties and identifying a range of policy considerations for the City to explore in addressing these barriers. Policy issues to be investigated include review of development processes (e.g., permitting and zoning), opportunity identification, incentives and funding and long-term stewardship. The goal of the Plan is to reuse brownfield sites to allow for community and economic growth in the City. The Plan applies to the entire City but identifies specific brownfield corridors, based largely on locations of industrially zoned land, and potential opportunities for reuse of brownfield sites. Opportunities for reuse are drawn from neighborhood plans and other public input and include conversion of brownfields along the Roanoke River to a green corridor, revitalizing brownfield sites in or adjacent to residential neighborhoods to reinforce village centers and create new housing opportunities, and reinforcing industrial corridors by reusing property for new operations for more efficient land use, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 4, 2008, and Friday, January 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission recommended adoption of the City - Wide Brownfield Redevelopment Plan as the Plan advances specific strategic initiatives of the City's Comprehensive Plan, Vision 2001-2020, for revitalization of underused commercial and industrial properties and offers opportunity to assist with advancing other initiatives including village centers, housing clusters, critical amenities (greenspace) and opportunities for new business. (For full text, see report on file in the City Clerk's Office.) 1 72 Vice'Mayor Trinkle offered the following ordinance: I (#38005-012208) AN ORDIINANCE approving the City-wide Brownfield Redevelopment Plan dated Dece~ber 20, 2007, and amending Vision 2001- I 2020, the City's Comprehensive Plan, to include such Redevelopment Plan; and dispensing with the second readinig by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 72, page 159.) Vice Mayor Trinkle moved t~e adoption of Ordinance No. 38005-012208. The motion was seconded by Council Member Mason. The Mayor inquired if there Lere persons present who wished to speak in connection with the matter. The~e being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38005-012208 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, and Mayor Harris---5. NAYS: Nonen'--'munmmm'lmnu'm'munm'mnumd-u--mumummmm'o. I (Council Member Fitzpatrick and wlishneff were absent.) APPALACHIAN POWER COMPANY-EASEMENTS-ClTY PROPERTY-INDUSTRIES: I Pursuant to instructions by the CCouncil, the City Clerk having advertised a public hearing for Tuesday, Jan~ary 22, 2008, at 7:00 p.m., or as soon thereafter as the matter may be h~ard, on a proposal of the City of Roanoke to grant an above ground easement Jnd underground easement, extending 40' in width, to Appalachian Power Company, across City-owned property designated I as Tax Map Nos. 7200106 and 71 SOl 09, for the purpose of providing electrical service to property located at and ladjacent to the Roanoke Centre for Industry and Technology, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) i I I 1 I I I I 1 73 The City Manager submitted a written communication recommending approval to execute the appropriate documents granting an above ground easement, with allowance to go underground for support structures, as set forth in the communication to Appalachian Power Company, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38006-012208) AN ORDINANCE authorizing the donation and conveyance of a 40 foot wide by 1661 foot long above ground easement with allowance to go underground for support structures, across City-owned property identified as Official Tax Nos. 7200106 and 71 50109, to Appalachian Power Company for the purpose of providing electric service to serve the Roanoke Centre for Industry and Technology and B&B Machine Tool Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 161.) Council Member Mason moved the adoption of Ordinance No. 38006- 012208. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38006-012208 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, and Mayor Harris---5. NAYS: . No n eu----nnuunn__uunuu__n_nuu____nnu__nnnu_______nun_________nnuO. (Council Members Fitzpatrick and Wishneff were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. At 7: 10 p.m., the Mayor declared the Council meeting in recess in the Council's Conference Room for continuation of Closed meeting which was preyiously approyed during the 2:00 p.m. session of the Council. 174 At 7:40 p.m., the Council meeting reconvened in the Council Chamber, I Room 450, with Mayor Harris plresiding and all members of the Council in attendance, with the exception of Council Members Fitzpatrick and Wishneff. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1) only pJblic business matters lawfully exempted from open meeting requirements unde~ 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 second~d by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Dowe, and Mayor Harrism5. NAYS: Non e__mmmmmnn__L____mmnmm_mmn__u______mm_mm_"m__m__O. (Council Member Fitzpatrick and Jishneff were absent.) \ PARKS AND RECREATION: The Mayor advised that the terms of office of Sherley E. Stuart, Thomas petigre1' and Christine A. Montgomery, as members of the Parks and Recreation Advisory Board will expire on March 31, 2008; whereupon, he opened the floor fdr nominations. I The names of Sherley E. Stuart, Thomas Pettigrew and Christene A. Montgomery were placed in nomination. There being no further nO~inations. Mr. Stuart, Mr. Pettigrew and Ms. Montgomery were reappointed as members of the Parks and Recreation Advisory Board for terms of three years, e~ch, ending March 31, 2011, by the following vote: I FOR MR. STUART, MR. PETTIGREW and MS. MONTGOMERY: Council Members Lea Mason Trinkle Dowb and Mayor Harrism-m-mu-mu-um-m-nm--5 , , , I ' . (Council Member Fitzpatrick and Wishneff were absent.) SCHOOLS: The City Clerk wks instructed to advertise the two upcoming vacancies for Trustees of the Roa~oke City School Board due to the expiration I of the three-year terms of office o~ David B. Carson and V. Mignon Chubb-Hale ending June 30, 2008, with a deadline for receipt of applications on Monday, March 10,2008 at 5:00 p.m. I i I I I I 1 75 There being no further business, the Mayor declared the Council meeting adjourned at 7:43 p.m. APPROVED ATTEST: (2 ~eQA~ ~. In.. d~ Stephanie M. Moon, CM:'( City Clerk C. Nelson Harris Mayor I I I 176 ROANOKE CITY COUNCIL-REGULAR SESSION February 4, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, February 4, 2008, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section '2-1 5, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.3 7817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Member Gwendolyn W. Mason David B. Trinkle, Alfred T. Dowe, Jr. (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. N e I so n H arri Suu_u_u_uuu____u___uuuuuuuuuu_u_uuuu_______uu_u_uuuuuuuu_u6. ABSENT: Council Member Brian J. Wishneff-m-mummm---mm-mmmmm 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Vice-Mayor Trinkle moved that Council convene in Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor H arri s _____uu uu uuu_____u uuu uu______u_uuuuuuu __n__uuu uuuu_u__uuuuuu_u_____u__ 5 . NAYS: Non euu____uuuu_u_uu____uuu_uuu______u_u_uuuu___uuuuuuu__uu-uuO. (Council Member Dowe was not present when vote was recorded.) (Council Member Wishneff was absent.) 177 COMMITTEES-CITY COUNCIL: A communication from the City Manager I requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayo r H arri s __________________________________________________________________nn__"_______________________-- 5. NAYS: Non e --------------------n-------------------------------------------------------------------O. (Council Member Dowe was not present when vote was recorded.) (Council Member Wishneff was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING I DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: ROANOKE RIVER FLOOD REDUCTION PROIECT Philip Schirmer, City Engineer, gave an overview of the history of the Roanoke River Flood Reduction project, noting that approximately five miles of recreational trail had been done and that the project should be completed in 2012. He introduced Colonel John Pulliam, Commander of the Wilmington District, U. S. Army Corps of Engineers, for presentation of the project overview and to share information with regard to the flood risk. Colonel Pulliam recognized members of the U. S. Corps of Engineers that were present and called attention to the following: I I I I 178 . Project Delivery Team o City of Roanoke o Wilmington District o Savannah District-Contracting & Real Estate o Norfolk District - Regulatory o South Atlantic Division o Construction Contractors o Other Federal Agencies - USFWS and USGS o State - Virginia Department of Environmental Quality o Regional - Western VirginiaWater Authority o Roanoke Valley Greenway Commission . Roanoke Flood Reduction Project History o 1970 - Study Resolution Investigate Flooding. o 1984 - Final Interim Feasibility Report o Public Law 99-662, November 17, 1986 o 1989 - General Design Memorandum o 1990 - Project Cooperation Agreement o Early 90's Construction o Mid 90's Project Pause - City Addressed HTRW o Construction stated again FY 2004 o Awarding Construction Contract Each Year · Roanoke Flood Reduction Project Area (aerialview photograph) · Bench Cut Construction o Downstream of Main Street Bridge: Bench Cut 242 o Piedmont Park: Bench Cut 353 · Roanoke Flood Reduction Project o Blue Ridge Industrial Park o Wasena Park o Hanna Court . Next construction contract o Bridge Street o Wasena Park (continuation) o Hanna Court (continuation) 179 . Roanoke Flood Reduction Project Summary o Project Sponsor: City of Roanoke, Virginia o Project Cost Estimate: $65,000,000.00 · Federal: $45,300,000.00 · Non-Federal: $19,700,000.00 o Estimated Completion Date - funding dependent o Major Project Components I · Flood warning System (Stream and Rain Gages) - 1991 · Flood proofing Sewage Treatment Plant - 1993 · Flood proofing Hospital (Reimbursement) - 1993 · Channel Improvements (In-progress Bench Cuts & Training Walls) · Recreation Trail (In-progress) . Roanoke - June 2006 Flooding Bench Cuts 410 and 411 - Pre-Flood and Ten percent Flood, respectively (photographs) . Hurricane Jeanne, September 2004 - Four percent Flood (photographs) . New flood risk terms o Ten percent flood risk = Ten-year flood I o Three flood risk = 33-year flood o One percent flood risk - 1 OO-year flood o Percent = risk that a flood of this magnitude will occur in any given year . Estimated Stage Reductions Location 10% 4% 2% 1% At Industrial Park 1.4 1.7 1.4 1.6 Upstream of Walnut Street 1.9 2.2 2.2 2.2 S. Jefferson Redevelopment 0.8 1.3 1.2 1.0 Upstream of Franklin Road 0.2 0.5 0.8 1.8 Upstream of lower Wiley Drive 0.2 0.5 0.9 1.8 Upstream of upper Wiley Drive 1.8 1.1 0.5 0.1 Wasena Park 2.8 2.4 2.0 1.7 . Roanoke Flood Reduction Project Flyovers o Ten percent flood (Ten year flood) o Three percent flood (33 year flood) o One percent flood (100 year flood) (See copy of presentation on file in the City Clerk's Office.) I I I I 180 Colonel Pulliam used computer generated models to show an aerial view of certain parts of the City that would have the potential to flood in the event of a 1 OO-year flood upon completion of the Flood Reduction project. He indicated that the worst case scenario was an overview depicting most of the research park underwater in the event of a one percent flood risk, adding that the Flood of 1985, which killed ten people and caused approximately $100 million in damages, was identified as a 0.5 percent risk. He pointed out that most of the area would be protected from a three percent flood risk, which would be similar to the event in September 2004, where remnants of Hurricane Jeanne swamped the former Victory Stadium. The Colonel stated that nearly all of the research park would remain dry in t~e event of a ten percent flood risk, which was the level of flooding in June 2006, noting that bench cuts were in place on the City's southern-most stretch of the river during said time period which is credited for minimizing the damage. In conclusion, he commented that the Army Corps of Engineers goal is to improve the aerial view maps by adding the feature as depicted showing water depth for each flood risk and area. Mayor Harris recognized Congressman Bob Goodlatte for additional comments; whereupon, Congressman Goodlatte expressed appreciation to the U. S. Army Corps of Engineers for its efforts with regard to the project, as well as the Council and the City Manager. At this point, Council Member Dowe entered the meeting (9:25 a.m.) Discussion: In response to Vice-Mayor Trinkle's question regarding the retaining wall to be constructed along Reserve Avenue, and whether a portion of the greenway was included in the negotiations; Colonel Pulliam advised that two concrete walls approximately eight feet high on top of levees would be placed on either side of the road, and with regard to the greenway, it would be expensive to build a solid trail on that type of terrain and the challenges with the topography would cause the cost to increase, adding that the retaining wall must be ADA compliance. Council Member Mason inquired of the City Manager whether a litter control plan for the greenway would be put in place, particularly for cigarette butts and curbing of dogs; whereupon, the City Manager indicated that the City would be accepting responsibility for maintenance of the greenways and different areas of the greenway must be maintained differently, adding that proper signage would be located along the greenway trails calling attention to 181 the disposal of litter and the curbing of dogs. The City Manager interjected that after the Flood of 1985, building codes I were revised in order that new construction would require all buildings be built above the flood level. Following additional comments by the Council, Mayor Harris expressed appreciation to all the participants and attendees for the presentation. Photo Red Enforcement In connection with the Photo Red Program, Chief Joe Gaskins gave the following informational briefing on the Photo Red Enforcement: What is Photo Red? . Automated Photographic Red Light Enforcement . PhotoRed monitors intersection and takes picture of violators who disregard the red light . Officer certifies violation . Summons mailed to violator by vendor . Considered a traffic safety initiative Virginia Law I . Covered by 15.2-968.1 Code of Virginia . City restricted to max. of 9 intersections. . Fine limited to civil penalty of $50.00 . Violator must be at least 0.5 seconds behind line . Violator may file affidavit or testify in open court that they were not the driver to avoid conviction. . Sworn officer must certify the violation . Compensation based agreements with vendor are prohibited. Virginia PhotoRed Results . Test program ran in Virginia from 1998-2004 . Found program technically feasible . Mixed/Inconclusive Results · Red light violations/crashes declined · Rear end crashes increased · Injury crashes increased . Used a shorter time requirement for violation (0.4 seconds was the longest) PhotoRed Program . Vendors have offered "cost neutral" programs I I I I 182 · Each approach to intersection cost approximately $4,700.00 per month to lease all equipment and services · Installation, monitoring, repair, violation processing · Nine intersections with 18 approaches (recommended) would cost over $1 million annually · City would receive any revenue over this amount "Soft Costs" · Cost neutral program does not include expenses incurred by Police Department of Traffic Engineering · Police must supply one full time sworn officer and a part time CSA to process violations, no personnel available · Traffic Engineering will have to commit personnel during installation and maintenance periods, time requirement is unknown Recommendation · Newport News and Spotsylvania County are at the contract phase · Other jurisdictions are waiting on the outcome of these municipalities · Our best course of action is to delay any decision until we can further analyze any traffic safety benefit and determine actual financial impact under Virginia's statutory requirements Chief Gaskins advised that in earlier phases of the program, several localities lost money as a result of the program, noting that the enforcement is set up to be a safety mechanism, which also reduces man hours for the officers, but estimated cost is unknown. Discussion: Council Member Lea raised questions with regard to various aspects of the data, i.e., violators, accidents at intersections; whereupon, Chief Gaskins responded that a study would be done prior to installation of cameras to determine whether or not the program would be needed or necessary. Following comments by the Council, the City Manager stated that staff was presenting the briefing on the Photo Red Program because of the passage of statewide legislation to allow for testing on a trial basis, and she urged the Council to reserve its opinion until the findings from localities participating in the study were released. At 10:25 a.m., the Mayor declared the meeting in recess for Closed Meeting. 183 At 10:45 a.m., the Council meeting reconvened in Room 159, with Mayor I Harris presiding and all Members of the Council in attendance, with the exception of Council Member Wishneff. COUNCIL: With respect to the Closed Session just concluded, Council Member Dowe moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea, and Mayo r . H a rri s nn nnn n_n_______ ---- ____nn_nnnnnn n nnnnn ____n_n nnn nnn nnnnnnn_n -6. NAYS: Non e_nn_nnnnnnnn_n_____unn_nnnnnnn_n_n____n_nnnnn_n_n_n_n-nO. (Council Member Wishneff was absent.) COURT COMMUNITY CORRECTION PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor advised that there is a vacancy on the I Court Community Correction Program Regional Community Criminal Justice Board created by the expiration of the term of office of William E. Cleaveland on June 30, 2007; whereupon, the Mayor opened the floor for nominations. Council Member Lea placed in nomination the name of James L. Philips. There being no further nominations, James L. Phillips was appointed as the City's representative to the Court Community Correction Program Regional Community Criminal Justice Board for a term of three years ending June 30, 2010, by the following vote: FOR MR. PHILLIPS: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea, and Mayor Harris_mm_m_mmm___nm_mmmmn_m_mnmm___mmmmmm___6. (Council Member Wishneff was absent.) HUMAN SERVICES ADVISORY BOARD: The Mayor advised that there are two vacancies on the Human Services Advisory Board created by the expiration of the terms of office of Louis O. Brown and Angela Holland on November 30, 2007; whereupon, the Mayor opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Victoria Cox. I I I I 184 Council Member Dowe placed in nomination the name of Lutheria H. Smith. There being no further nominations, Ms. Cox and Ms. Smith were appointed as members of the Human Services Advisory Board for terms of four years, each, ending November 30,2011, by the following vote: FOR MS. COX AND MS. SMITH: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea, and Mayor Harrism--------mmmmmmmnummmmmm_m_m____6. (Council Member Wishneff was absent.) PARKS AND RECREATION ADVISORY BOARD: The Mayor advised that there are two vacancies on the Parks and Recreation Advisory Board created by the resignations of Sharon L. Stinnette and Robert C. Jones for terms expiring on March 31, 2007; whereupon, the Mayor opened the floor for nominations. Vice-Mayor Trin~le placed in nomination the name of Christopher M. Walters. Council Member Lea placed in nomination the name of Adam Boitnott. There being no further nominations, Messrs. Boitnott and Walters were appointed to the Parks and Recreation Advisory Board for terms of four years, each, ending March 31, 2011, by the following vote: FOR MESSRS. WALTERS AND BOITNOTT: Council Members Mason, Trinkle, Dowe, Fitzpatrick, Lea, and Mayor Harris--m-m-~-mm---mnmmm__m-m-m-m____6. (Council Member Wishneff was absent.) At 10:45 a.m., the Mayor declared the meeting in recess to be reconvened at 12:00 p.m., in Room 159. At 12:00 p.m., the Council meeting reconvened in Room 159, first floor, Noel C. Taylor Municipal Building, for a joint meeting of Council and the Architectural Review Board, with Mayor Harris and Vice-Chairman William D. Bestpitch presiding. PRESENT: Council Member Gwendolyn W. Mason, Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harrismmm-m5. 185 ABSENT: Vice-Mayor David B. Trinkle and Council Member Brian j. I Wi s h n effnn_n_nnnnn_n_nnnnnnnn_nnnnnnnnnnn_n_n_n_n_nn__________n______________ 2. ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Derek B. Cundiff, John Fulton, Robert N. Richert, James A. Schlueter and Vice-Chairman William D. Be s t p i tc h nn_n_ u__ ____n___ nnnnn nnn_nnn __nn n_n_n nnn nnn_n__________ -------- _________n - 5 . ARCHITECTURAL REVIEW BOARD MEMBERS ABSENT: Barbara A. Botkin and Chairman Alison S. Blantonmm_m____mumnmmnmmnmmmmmnmn_mm_2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. Representing the Architectural Review Board: Erika Taylor, Agent, Architectural Review Board, and Candace Martin, Secretary. ARCHITECTURAL REVIEW BOARD ANNUAL REPORT Vice-Chairman Bestpitch provided an overview of the Architectural Review Board's activity, accomplishments and attendance for calendar year 2007, noting that the staff and the ARB considered 1 54 applications, up from 11 % I over 2006; and 96% of the applications were approved or withdrawn by the applicant. In addition, he pointed out that residential building values in the H-1 and H-2 Districts increased 8.75% during the last assessment, while values throughout the rest of the City increased 7.39%; 43 real estate tax abatement projects closed and 29 new applications were filed during 2007; and one appeal went to Circuit Court and another to the Fair Housing Board based on compliance with the Americans with Disabilities Act. He called attention to the adoption of new Architectural Design Guidelines last year by the Council; and the initiation of an update of the Board's policies and procedures in response to concerns expressed during the public involvement meetings to update the guidelines. He added that staff worked to leverage Certified Local Government grant funds to support the Renovate Roanoke preservation fair, complete an update the Architectural Review Guidelines, and provide training for staff. Ericka Taylor, Agent to the ARB, commented that the Renovate Roanoke event was coming up and education sessions were available with regards to getting hands on and technical experience. Council Member Dowe inquired if new materials would be introduced at the Renovate Roanoke event; whereupon, Ms. Taylor replied that a session in I October did display the new materials that were available. I I I 186 Council Member Lea inquired if the ARB attended state conferences or met with boards from other jurisdictions; whereupon, Ms. Taylor responded that there was not a formal conference for ARB boards, but the Association for Preservation of Virginia Antiquities (APVA) holds a statewide conference that focuses on preservation commissions and general homeowners looking to renovate. Council Member Fitzpatrick thanked the Board for maintaining firmness and flexibility relative to the policies and for its tolerance of controversy and ridicule. Mr. Richert pointed out that a residence located at 1112 Second Street wherein a slate roof with copper had been replaced with asphalt shingles. Council Member Mason commented that the Board should consider ways to improve the interview process, if needed, and inquired if there was room for improvement in communication; whereupon, Mr. Bestpitch commented that annual mailings were distributed to the property owners, and Downtown Roanoke, Inc., provides assistance to them through its membership; and Ms. Taylor is working to improve the website and enhance the education component of the Historic Preservation Plan. Council Member Dowe inquired as to the feeling on rental properties versus home ownership; whereupon, Mr. Richert explained he noticed that there was a positive impact on non-resident property owners and more investors that recognize the value of rental properties to possibly attract young professionals wanting to live in the City. Mr. Bestpitch commented that an investor was surprised to learn that rental inspections were not required for all units, adding that residents are seeing the benefit for having said program in place. Council Member Fitzpatrick interjected that the rental inspection program was changed to a more relaxed program, whereby in past years the City was a little more responsive. The City Manager reiterated that is difficult to pursue enforcement for out of state landlords. Mayor Harris expressed appreciation to the Architectural Review Board for meeting with the Council to share items of mutual interest and concern. 187 There being no additional comments by the Councilor the Board, the I Mayor declared the meeting in recess at 12: 50 p. m., to be reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. PRESENT: Council Member Gwendolyn W. Mason, Brian J. Wishneff (arrived late), Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayo r C. N e I so n Harri s ___nmm_nm_m_mm___m___mm________________________________mm_6. ABSENT: Council Member Vice-Mayor David B. Trinklemm-m-mmmm--n1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. At this point, Council Member Wishneff entered the meeting (2:01p.m.). The Invocation was delivered by Mayor C. Nelson Harris. I The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT: The Mayor presented a proclamation to Pamela Kestner-Chapplear, President of the Council of Community Services, de~laring Monday, February 11, 2008 as 2-1-1 Awareness Day. (See ceremonial copy of 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, the item would be removed from the Consent Agenda and considered separately. I I I I 188 YMCA-EASEMENTS: A communication from the City Milnager requesting that Council schedule a public hearing for Tuesday, February 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the vacation of a public utility easement along Orange Avenue, N. W., for expansion of the Family YMCA, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s __::n_nnnnnnnnnn nnn n_ _______n_nnnnnnn nnnn_nun ---- nnnnnnnnnn6. NAYS: Non en____________nnnnnnnnnnnnn___________n__nnnnn_nn~---~-------n---nO. (Vice-Mayor Trinkle was absent.) CITY PROPERTY-SALE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of a vacant City-owned tract of land to Newbern properties, LLC, for the expansion of a heating and air condition company, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s nnnn_____n_nnnnnnn_____n nnn nnn n____ _n_n n_n_n~-nn-- __n_nnn_nnnn__6. NAYS: No n e-n-nnnnnnnnn____nnnn_nnnn____nnnnnnnnn___nnnnnnnn___nO. (Vice-Mayor Trinkle was absent.) 189 BOUNDARY LINE ADJUSTMENTS-CITY PROPERTY: A communication from I the City Manager requesting that Council schedule a public hearing for Tuesday, February 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider boundary amendments to Enterprise Zone One A and Zone Two, was 'before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Fitzpatrick and adopted by the following. vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s nnnn nnn nnn_n_nn__ __nn_nnn n_n_nnnn nnn _nn_n_n nnn nn__U nuunn6. NAYS: No n ennn_n_nnn_n_n_n_nn_____n_n_n_n_nnnnnnnnn_nnnnnnn__n____-0. (Vice-Mayor Trinkle was absent.) ANNUAL REPORT-ARCHITECTURAL REVIEW BOARD: A written report from Barbara Botkin, Chair Architectural Review Board, transmitting the 2007 Annual Report of the Architectural Review Board, was before the Council. I (See report on file in the City Clerk's Office.) Council Member Mason moved that the report be received and filed. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s nnnnn_______n_nnn_n_nn_____nnnnnnnnnnn__n_nnnnnnnn_nn_unnnn6. NAYS: Non e n_nn_nnn_n_n_n_u_nn_nn_nnnn_U____n_nnnnn_________nnnn_n_n_O. (Vice-Mayor Trinkle was absent.) COMMITTEES-OATHS OF OFFICE-FIFTH PLANNING DISTRICT DISABILITY SERVICES BOARD-ECONOMIC DEVELOPMENT AUTHORITY-ROANOKE ARTS COMMISSION: The following reports of qualification were before the Council: Carol D. Tuning as a member of the Fifth Planning District Disability Services Board, for a term ending January 31, 2011 ; Linda D. Firth and F. Gordon Hancock as Directors ,of the Economic I Development Authority, for terms ending October 20, 2011; and I I I 190 Lucy H. Lee as a member of the Roanoke Arts Commission, to fill the unexpired term of Susannah Koerber ending June 30, 2009. Council Member Mason moved that the reports of qualification be received and filed. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri Snnnnnnnnnnnnn_n_nn___nnnnnnnnnnnnnn_n_n_nnnnnnnnnnnnn6. NAYS: Non e ---------- ____nnnnnn__nnn nnn_nn_n_n_n_nnnu u___________ -------------0. (Vice-Mayor Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: POLICE DEPARTMENT: U.S. Attorney John Brownlee appeared before the Council to present a ceremonial check for $2.8 Million, the largest single forfeited asset grant to a law enforcement agency, in connection with Federal investigation involving ITT Night Vision. Mr. Brownlee shared background information regarding illegal transfer of technology by ITT relative to night vision to countries overseas, including Singapore and China. He added that with the assistance of local law enforcement a case was built and therefore, the assets are being shared with the City's Police Department. Bill Reed, Special Agent, ICE Investigation, pointed out that export violations were among the most serious of crimes, inasmuch as they under mind the base responsibility of the government to protect the nation from adversaries who are constantly attempting to obtain technology and weapon systems such as night vision goggles and weapon systems from U. S. corporations. He expressed his appreciation to Chief Joe Gaskins and the Police Department for their assistance. 191 Robert Craig, Special Agent, Defense Criminal Investigative Service (DClS), I advised that on behalf of DClS, he wished to acknowledge U. S. Attorney Brownlee and the U. S. Attorney's Office for the Western District of Virginia, for their tremendous leadership and commitment; as well as colleagues at ICE for being such great partners. He also congratulated the Police Department on receiving asset forfeiture funds. Following comments, U. S. Attorney Brownlee present the ceremonial check to Chief Gaskins who in turn expressed appreciation on behalf of the City and the Police Department. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: CITIZEN APPRECIATION DAY-VALLEY VIEW MALL: The City Manager submitted a written communication recommending authorization for waiver of the City's sovereign immunity and execution of a rental agreement with CBL & I Associates Management, Inc., in connection with the Valley View Citizens' Appreciation Day on April 19, 2008. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38007-020408) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc., in connection with such use of Valley View Mall. (For full text of Resolution, see Resolution Book No. 72, page 162.) Council Member Mason moved the adoption of Resolution No. 38007- 020408. The motion was seconded by Council Member Lea and adopted by the following vote: I I I I 192 AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri Snnnununnuunuuuunu_nuuuuuu_u_u_u_uu_nnnuunuuunuunnnn__6. NAYS: Non e_u________u__u_nuun__unn_nn__nnnnn_n_nunnn_nnnnnnnnnnn_O. (Vice-Mayor Trinkle was absent.) GRANTS-HUMAN SERVICES-BUDGET: The City Manager submitted a written communication recommending acceptance of the Western Virginia Workforce Development Board Workforce Investment Act funding for program year 2007 from the Virginia Employment Commission. (For full text, see communication on file in the City Clerk's Office.) Council Member Dowe offered the following budget ordinance: (#38008-020408) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY08 Workforce Investment Act Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 163.) Council Member Dowe moved the adoption of Budget Ordinance No. 38008-020408. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri Sununnunnnn____unu_unnuuu__nunnuunnn_nu_____n_unuuuununun6. NAYS: No neuunuununuunn_n_n_______nnuunuu_u_uunu_n_n_____unn_u_uu-O. (Vice-Mayor Trinkle was absent.) DOMESTIC VIOLENCE-GRANTS-POLlCE DEPARTMENT-BUDGET: The City Manager submitted a written communication recommending acceptance of a Virginia Sexual and Domestic Violence Victim Fund Grant from the Virginia Department of Criminal Justice Services. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: 193 (#38009-020408) A RESOLUTION accepting the Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) grant to the City from the Virginia I 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. 72, page165.) Council Member Mason moved the adoption of Resolution No. 38009- 020408. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea and Mayo r H arri Snnnu_u_unuuuuuu_u_u_uuuuu____n__n__n_______nnnnnnuunnunnunn6. NAYS: No n euuuuuunnnnnnn__________u_nuu___.nnnnnu_nnnuuunu_u_uun_O. (Vice-Mayor Trinkle was absent.) Council Member Dowe offered the following budget ordinance: (#38010-020408) A ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordainingcertain sections of the 2007-2008 Grant I Fund Appropriations, and dispensing with the second reading by title of this ordinance. For full text of ordinance, see Ordinance Book No. 72, page 166.) Council Member Dowe moved the adoption of Budget Ordinance No. 38010-020408. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s nnnununuunn______nunn_nu_u_unn_n_______un_nuunnu__________uunnn6. NAYS: No n euuuuuu_______n_unuunuu_uun___nn_nnuu_u_n______n_nnnuunu_O. (Vice-Mayor Trinkle was absent.) CITY CODE-REFUSE COLLECTION: The City Manager submitted a written communication recommending amendment of the City Code to revise Chapter 14.1-1, Solid Waste Manaqement, with regard to various solid waste collection programs. (For full text, see communication on file in the City Clerk's Office.) I I I I 194 Council Member Mason offered the following ordinance: (#38011-020408) AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, of Article I, In General; subsection (d)(2) of Section 14.1-16, Placement for collection qenerally; Section 14.1-18, Time of placement of automated collection containers and recyclable containers for collection, by adding a new subsection (b); subsection (d) of Section 14.1-23, Placement and collection of bulk items. brush and loose leaves; and Section 14.1-24, Violation; civil penalty, by adding a new subsection (b), of Division 1, Generally, of Article II, Collection by an Authorized Person; Section 14.1-54, General prohibition; Section 14.1-55, Notice to remove; and Section 14.1-56, Violations of chaPter, of Article III, Accumulations of Solid Waste, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 167.) Council Member Mason moved the adoption of Ordinance No. 38011- 020408. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s _n_nnn nnnnnnnnnnn_n_n_nnn_n_nn_n_nnn nn_ nun _n_nn__nnnnnnn6. NAYS: Non en__n________n__________n__n_nnnnnnnnnnnnn_~nnnnn_n__n____n____-0. (Vice-Mayor Trinkle was absent.) ROANOKE CIVIC CENTER-SPECIAL EVENTS: The City Manager submitted a written communication recommending that an amendment to the contract between the City of Roanoke and Ovations Food Services, LP, in connection with the design, construction and installation of equipment for the Special Events Center. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: 195 (#38012-020408) A RESOLUTION authorizing the execution of I Amendment Two to the Contract between the City of Roanoke and Ovations Food Services, LP, to provide for the renovation and retrofit of the existing kitchen located in the Roanoke Civic Center Coliseum instead of the construction of a new kitchen inside the Roanoke Civic Center's Special Events Center, and providing for a new completion date for such renovation, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 172.) Council Member Mason moved the adoption of Resolution No. 38012- 020408. The motion was seconded by Council Member Dowe and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s nn n_n_nnn nnnnnnnnn _nn n_n_n nnn_n_n_n_n_____ __________u__ u__uu____ --6. NAYS: Non e_nn_nnn__________________n___nn_n_nnnnnnn_n_nn_nnnnn_n_n-_nn-O. (Vice-Mayor Trinkle was absent.) GRANTS-POLICE DEPARTMENT BUDGET: The City Manager submitted a I written communication recommending acceptance of a Federal Forfeited Property Sharing Grant to be used for law enforcement purposes. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38013-020408) A RESOLUTION accepting the Federal Forfeited Property Sharing Program grant to the City of Roanoke Police Department from the U. S. Attorney's Office for the Western District of Virginia, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 72, page 173.) Council Member Mason moved the adoption of Resolution No. 38013- 020408. The motion was seconded by Council Member Dowe and adopted by the following vote: I I I I 196 AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s uun__unuu_u_uuuuuuu_nuunuu_u_uununuu_uu_u_uunuunuunuu_-6. NAYS: No n e_____u_______________n____u_unnuunuu_u_u_u_unuu_uu_u_unnunuu-0. (Vice-Mayor Trinkle was absent.) Council Member Dowe offered the following budget ordinance: (#38014-020408) AN ORDINANCE to appropriate funding from the Federal Asset Sharing Program, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. For full text of ordinance, see Ordinance Book No. 72, page 174.) Council Member Dowe moved the adoption of Budget Ordinance No. 38014-020408. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Wishneff, Dowe, Fitzpatrick, Lea, and Mayo r H arri s________uuuunuu_u_nu_unnnnnnn________nuuuu_u_u_unnununnu------u6. NAYS: Non en____uuuuuuunu_u_unnn_nn_n_n____nnuunu_uunuunu_n______--0. (Vice-Mayor Trinkle was absent.) DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of December 2007. (See Financial Report on file in the City Clerk's Office.) The Director of Finance advised that the recent national economic indicators continue to reflect increased energy costs, a weakening housing market, and decreased business and consumer spending, as well as overall strains in financial markets. He further advised that as mentioned in previous reports, the Federal Reserve has responded to the. evolving conditions by cutting its target for the federal funds rate a total of one percentage point during its meetings held in September, October and December; and more recently, at an unscheduled meeting on January 22, 2008, the Federal Open Market Committee decided to lower the target for the federal funds rate another 75 basis points to 3.5 percent and subsequently lowered the rate an additional half percent at its regularly scheduled meeting on January 30, 2008. 197 Mr. Hall explained that the City of Roanoke's adopted budget for fiscal I year 2008 totals $252.6 million, representing 5.4 per cent increase over the adopted budget for fiscal year 2007; budgeted revenue growth results from a projected increase in real estate and personal property tax revenues, as well as projected growth in various local taxes, including sales tax, business license tax, and prepared food and beverage tax; and the aforementioned growth has been allocated to provide more funding to the Roanoke City Public Schools, for capital maintenance and equipment replacement, to enhance services to citizens, to fund salary increases for employees, and will provide for greater social services program funding and the resource necessary to meet the current year's debt service'requirements. Without objection by the Council, the Mayor advised that the Financial Report for the month of December 2007 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. I HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CITY MANAGER COMMENTS: The City Manager announced that according to Weldon Cooper Center's population estimates, the decline in the population in the City of Roanoke has ceased, noting that final figures would not be available until 2010. She based said findings on the City's Strategic Housing Plan, an increase in income levels, job security, incentives offered to businesses, etc. At 2:30 p.m., the Mayor declared the meeting in recess to be reconvened on Friday, February 15, 2008, at 8:30 a.m., Room 159, Noel C. Taylor Municipal Building, for the Council's Annual Financial Planning Session. Monday, February 4, 2008, meeting of the Roanoke City Council reconvened on Friday, February 15, 2008, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for the Council's Annual Financial Planning Session, with Mayor C. Nelson Harris presiding. I I I I 198 PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle, Sherman P. Lea and Mayor C. Nelson Harris-m-mmmmmmmmm-mmn_mmm-4. ABSENT: Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr. Brian J. '^'ishneff--------------------------------------------------------------------------------------------------------3. OFFICERS/CITY STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; Ann H. Shawver, Deputy Director of Finance; Sherman L. Stovall, Director, Office of Management and Budget; and Cecelia R. Tyree, Assistant Deputy City Clerk. BUDGET: The Mayor advised that prior to engaging in the City's fiscal year budget study, the Council holds a Financial Planning Session each year which allows City staff to review basic information and financial projections; whereupon, he called on the City Manager and the Director of Finance for opening remarks. The City Manager that City staff devoted considerable time and effort to prepare the presentation on the FY 2008-09 Budget; however, while staff sets the stage and provides the parameters within which the City operates in terms of revenues and certain fixed expenses, the meeting is an important time for staff to hear comments by Council and City-elected officials as to priorities that should be emphasized in the upcoming budget. She further stated that the budget calendar was previously identified and adopted at by the Council in January 2008; and the budget year will be challenging because of a six percent reduction that was asked of the City departments. She added that the reduction was the highest she has had to ask for as City Manager due to reductions made in the national and state budgets; and the fiscal year 2008- 2009 budget will be presented at the Council meeting on Monday, April 21 and thereafter for adoption at its meeting on Monday, May 12. 199 The Director of Finance pointed out that the City has had three excellent I years, with great growth and stressed the importance of understanding the City's financial picture and future planning processes. Ann Shawver, Deputy, Director of Finance, and Sherman M. Stovall, Director of Management and Budget, highlighted the following information pertaining to an overview of revenues generated by the City of Roanoke and expenditures: REVENUES General Fund Revenues Fiscal Year 2007 Conunonwealth 26% Real Estate 28% Personal Property 8% 1% FoodIBeverage BPOL 4% 5% II Personal Property III BPOL i:J Commonwealth II Sales i:J FoodlBeverage II Charges for Services I I!I Real Estate I!!lUtility l!I Telecommunications i:J Other ' Projected Revenue Growth - FY 2009 Revenue Estimates Category $ Growth % Growth Real Estate Tax $3,674,000 5.0% Personal Property Tax 1,505,000 8.3% Sales Tax (1,310,000) (5.8%) Consumer Utility Tax 533,000 5.9% Cigarette Tax 243,000 8.4% Prepared Food Tax 410,000 3.5% Transient Lodging Tax 136,000 4.9% Telecommunications Tax 522,000 7.2% Other Local Taxes 344,000 1.5% Intergovernmental (362,000) (0.5%) Charges for Services ( 198,000) (1.8%) Other Revenues ( 180,000) (4.3% ) Total $5,317,000 2.1% Growth in FY 2009 Recommended Revenue estimate as compared to FY 2008 Adopted Estimate. 4 I I I I 200 Real Estate Tax The City's largest source of revenue $80.0 $75.0 '" $70.0 = 0 ;:; $65.0 ~ ~ $60.0 '" " .. $55.0 = " jj $50.0 c;: $45.0 $40.0 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 Fiscal Year Average growth: 2yr - 8.7%, 5yr- 7.5%,10 yr - 6.0% Sources: FY02 - FY07 - Comprehensive Annual Financial Report FY08 - FY09 - Adopted/Recommended Estimate Trends in Real Estate Assessments 9.5 8.5 7.5 6.5 Percentage 5.5 Growth 4.5 3.5 2.5 1.5 0.5 FY95 FY97 FY99 FY01 FY03 FY05 FY07 FY09 I@) Reassessment. New Construction I Ave growth: 2 yr - 5.6%, 5 yr - 7.1 %, 10 yr - 6.3% Source: Real Estate Valuation 6 201 Real Estate Tax Value of I cent real estate in FY09 is $635,000 - City's share - Schools' share* $404,000 $231,000 * School share is 36.42% She explained that additional revenues should be approximately $5.3 million, an expected growth of 2.1 percent, noting that last year, it was $9.3 million, a 3.9 percent growth, with real estate being a great strong point for the City in recent years. The Director of Finance interjected that the abovereferenced slide demonstrates the housing boom and decline in the new construction column. Personal Property Tax The City's second largest tax 28.00 26.00 '" 24.00 <: ~ 22.00 :ii 20.00 U> ";' 18.00 ~ 16.00 D.. D.. 14.00 12.00 10.00 FY02 FY03 FY04 FYOS FY06 FY07 FY08 FY09 Fiscal Year . Personal.PropertyTax - Local EI PPTRA - State Average growth: 2yr- 3.9%, 5yr - 2.8%, 10 yr - 3.1 % Sources: FY02 - FY07 - Comprehensive Annual Financial Report FY08 - FY09 - AdoptedIRecommended Estimate I I I I I I 202 Local Tax Rates of First Cities FY2007 Roanoke 1.19/1.07 3.45/2.66 5.0% 7.0% Richmond 1.23 /1.12 3.70/3.18 6.0% 8.0% Hampton 1.14 / 1.23 4.25/3.27 6.5% 8.0% Lynchburg 1.05 /0.93 3.80/3.27 6.5% 5.5% Newport News 1.20/0.93 4.25/3.27 6.5% 7.5% Norfolk 1.11/1.06 4.00/3.08 6.5% 8.0% Portsmouth 1.36/1.05 5.00/3.85 6.5% 8.0% Roanoke Co. 1.09/0.95 3.50/2.70 4.0% 5.0% Salem 1.18/0.95 3.20/2.46 4.0% 7.0% Note: Split rates for Real Estate and Personal Property Taxes denote differences in nominal and effective tax rates based on assessment/sales ratio and assessment basis, respectively. 24.00 23.00 ~ 22.00 o S 21.00 ; 20.00 ~ 19.00 f-o i!I 18.00 ~ 17.00 16.00 15.00 9 Sales Tax The City's third largest tax FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 Fiscal Year III Sab Taxi Average growth: 2yr -5.7'><, 5yr -4.7'><, to yr - 3.4'7, Sources: FY02 - FY07 - Comprehensive Annual Financial Report FY08 - FY09 - Adopted/Recommended Estimate to Council Member Mason asked how the Homestead Exemption Bill works and its effect on taxes; whereupon, the City Manager advised that the legislation was moving forward without specific language pertaining to the implementation by localities. She indicated that the exemption offers the 203 opportunity for a different tax rate for residential property versus other property; and it is expected to be supported by residential property owners. Council Member Fitzpatrick was of the opinion that Council would be under tremendous pressure to educate the masses as to why the legislation is a bad idea and therefore should be in opposition of the legislation. I The City Attorney also commented that the bill seemed unfair to localities, not knowing the details of what is being authorized to the General Assembly by way of dropping the statute. Ms. Shawver advised that sales tax performance at the federal level indicates that retail sales were up in January; unfortunately it is tied to gasoline sales. She further advised that the sales tax is the third largest tax for the City and a decline is expected for fiscal year 2009, adding that the current fiscal year has experience a three to four percent decline. She also noted that there has been only one other time where the City has experienced a decline in said range and that was in 1999. Ms. Shawver concluded by stating that further reductions of the line items could be expected, as well as, personal property taxes and business taxes may change due to the economy. EXPENDITURES I The Director of Management and Budget transitioned to the expenditure side of the budget and noted that Council was previously provided with information on the current year state budget reductions and issues. FY 2008 BUDGET ISSUES . State Budqet Reductions - $.4 Million · HB 599- Local Law Enforcement-$336,000.00 · Virginia Juvenile Community Crime Control $14,000.00 · Library - $9,000.00 · Electoral Board- $2,550.00 . Budget Items Requirinq Additional funding -$4.2 Million · Comprehensive Services Act · Worker Compensation · Motor Fuels · Public Safety Overtime · Civic Facilities · Additional Elections I I I I 204 . StrateclV to address exvenditure issues: · Use of contingency funds · Use of position turnover savings · Expenditure reductions and reallocation of funds within budget School Operatinq Fundinq · FY 2008-$3.6 million · FY 2007-$3.4 million · FY 2006-$2.5 million Employee Compensation and Benefits · FY 2008-$4.2 million Pay Raise-4% · FY 2007-$5.9 million Pay Raise-4% · FY 2006-$5.2 million Pay Raise-3% *Includes increased cost of fringe benefits-retirement, medical insurance, and dental insurance. Mr. Stovall stated that program specific reductions for VJCCCA (Outreach Detention, Youth Haven and other specialized programs) would be made; State funding for the Library is used for publications, as well as the handling of the 599 reduction and Electoral Board via expenditure reductions within the General Fund. He further stated that Council received a letter earlier during the week calling attention to identified budget items requiring additional funding, contingency funds and savings from positions turnover during the fiscal year, as well as steps to freeze and reduce expenditures specifically in the categories of training, travel, and expendable equipment. He explained that the information demonstrates the City's support of education via the provision of incremental operating funding based on growth in local tax revenue and focusing on employee compensation while providing a base pay raise that is ahead of inflation. Vice-Mayor Trinkle inquired if it was a problem with employees who do not meet expectations; whereupon, the City Manager responded that each year, the number of "Exceeds Expectation" increase and employees receiving a "Do Not Meet Expectation" likely will receive said rating only once. Maintenance of Services · FY 2008 - 1.6 million · FY 2007 - 4.0 million · FY 2006 - 0.9 million Allocation of additional fundinq -Motor Fuels Support of Valley Metro 205 -Utility Costs -Social Service Program -Support of Health Jail Medical Services Animal Control (SPCA) Fleet Maintenance Department I Mr. Stovall advised that the abovementioned information deals with maintenance of service issues (inflationary costs), such as motor fuels, utilities, social service programs, and Valley Metro. He noted that fiscal year 2007 included an adjustment of $2.7 million for social service programs, with the state covering 50% to 100% of the cost depending upon the program. Enhanced Programs and Services · FY 2008 - $1.6 million · FY 2007 - $1.7 million · FY 2006 - $1.0 million Allocation of additional fundinq -Libraries (Staff and Programs) -Code Enforcement -Police Officers (10) -Greenway Maintenance -Roanoke River Keepers -Leaf Collection (Condensed Schedule) -Domestic Violence -Brand Marketing -Infrastructure Maintenance -Support of Cultural and -Arts Festival Human Services Agencies I Mr. Stovall commented that progress had been made in enhancing programs and services, and additional funding had been allocated. Debt Service Funding · FY 2008 - $1.2 million · FY 2007 - $1.5 million · FY 2006 - $2.3 million Capital Maintenance and Equipment Replacement · FY 2008 - $.9 million · FY 2007 - $.6 million · FY 2006 - $.7 million Includes funding for equipment replacement, capital building maintenance, paving, and technology The Director of Management and Budget advised that the City has stayed on track in growing Debt Service funding to support planned bond issuance for major capital projects; fiscal year 2006 increased the meal tax and used half of I the incremental revenue to fund Debt Service for William Fleming High School; and fiscal year 2007 used a portion of the increase in the cigarette tax to I I I 206 provide Debt Service funding for future bond issuance for curb, sidewalks, and bridges. SOURCE- BUDGET ACCOMPLISHMENTS · Growth in local revenue and dedicated state revenue · Fee adjustments, when appropriate, to recover program costs . Limited tax rate adjustments · FY 2006 · Meals tax increased from 4% to 5% - Half of incremental revenue used to cover debt service for William Fleming Project · FY 2007 · Real estate tax decreased from $1.21 to $1.19 · Cigarette tax increased from $.27 to $.54 He added that it is important to note that the City has been able to make progress in the aforementioned categories based on growth in local revenue, fee adjustments that focus on recovering program costs, limited tax rate adjustments, meals tax increased with half of the incremental revenue used to cover a portion of Debt Service Funding for William Fleming High School, reduced the real estate tax rate, and offset the loss in revenue from the reduced rate by increasing the cigarette tax. . Budqet reductions · FY 2008 - $ .7 million · FY 2007 - $1.3 million · FY 2006 - $ .5 million · Unfunded vacant positions/eliminated vacant positions · Over the past 5 years-Eliminated approximately 60 positions . Other adjustments · Adjustments to programs (hours of operation, program sites, etc.) · Reduced funding for administrative supplies, expendable equipment, overtime, expendable equipment, training, and other expenditure categories He explained that a level of budget reductions have been completed, i'ncluding unfunded vacant positions as well as eliminating vacant positions; over the past five years, approximately 60 positions have been eliminated. He noted that adjustments to program hours and program sites and reducing funding in a variety of categories have been made. In addition, the budget reductions have allowed more in the category of expanded services and push the pay raise higher than it would have been; and the budget reductions have 207 been done without materially impacting the level of core services provided by the City. Mr. Stovall mentioned that one of the first activities in the budget process is to develop the priority expenditures for that budget cycle. I FY 2009 PRIORITY EXPENDITURES . Roanoke City Schools-Proposed Increase-$2,256,264.00 · Base increase of $1 ,756.264.00 tied to funding formula · Additional $500,000.00 based on Mayor's proposed initiative to provide additional $2.5 million over five years . Provides total operating funding of $63.6 million . Support for debt services of school projects increases from $4.9 million to $6.8 million · Total funding (operating and debt service) of $ 70.4 million He stated that the support to the School Division is the largest expenditure at approximately 26 percent, the City funds approximately 45 percent of the School's total budget. Council Member Sherman Lea inquired if renovations to William Fleming High School were scheduled for completion in 2010; whereupon, the City Manager advised that the anticipated date for completion is 2009. I . Debt service funding - $1,070,000.00 · Planned to incrementally add $570,000.00 through FY 2010 · Additional funding of $500.000.00 required through FY 2013 based on planned issuance of bonds for Police Academy, Library Comprehensive Study, and Parks and Recreation Master Plan . Employee Compensation - $3,586,611.00 · Competitive employee compensation - $2,716,746 Initial target of 3% of salary · No additional funding required for City Retirement · VRS Retirement - $89,668 Increase in the base contribution rate from 15.68% to 16.27% · Medical Insurance- $ 780,197 Remaining 6 months of January 2008 increase 10% anticipated increase October 2008 (Assume change in plan year to facilitate joint purchase with Roanoke City Schools) I I I I 208 Mr. Stovall advised that with regard to employee compensation, a 3.5 percent increase was proposed for teachers and three percent for other governmental employees beginning in 2010. He further advised that one percent of the increase is tied to revenue growth and State revenue if the revenue is not achieved; and the State will pay an increase of 2.5 percent for teachers and two percent for other governmental employees. Vice-Mayor Trinkle inquired as to why the joint' purchase of medical insurance with the schools would cause an increase instead of a decrease in expenses; whereupon, the City Manager advised that administrative fees would decrease, resulting in savings, but what is unknown is if the plans have to be changed or if having a larger group would incur savings. · Capital Maintenance and Equipment - $1,156,052.00 Target Current Funding Additional Funding -FY 2009 Equipment $3,000,000.00 $2,544,397.00 $227,800.00 Replacement Building $1,000,000.00 $ 746,667.00 $126,667.00 Maintenance Technology $1,500,000.00- $1,060,801.00 $219,585.00 $2,000,000.00 Street Pavinq $3,546,111.00 $2,964,111.00 $582,000.00 Targets initially established in FY 2003 · Performance Agreements- $1,049,220.00 · Southern Hills, Ivy Market, and Valley View . Supplemental Funding- $2,055,000.00 Ii Maintenance of Services- $815,000 Planning assumption of 50% of FY 2008 level · Expanded/ Enhanced Services - $1,240,000 Planning assumption of 75% of FY2008 level · Miscellaneous/Other - $274,355.00 · Health Department-Civic Mall Rent · Cultural! Human Service Agency Funding · Memberships The City Manager explained that when the targets were made in 2003, it was a conscious decision by the Council to stop relying on End of Year Fund Balance to provide the line sharing of funding needed for replacement ongoing items. She further explained that the City would be 24 months behind in 209 purchasing some items and it was decided that in recurring budgets there needed to be funds for recurring items. I DEPARTMENT REQUEST · Maintenance of Services- $3.7 million · Motor Fuels · Social Service Programs · Jail Medical Services · GRTC (Valley Metro) · Technology Software System Support · Employee Programs-Tuition Assistance · Public Safety Overtime · Grant Match Funding · Enhanced/Expanded Services- $2.5 million · Library Master Plan · GRTC Valley Metro-Trolley · Code Enforcement · Greenway Maintenance/River Keepers · Deer Culling · Career Enhancement Programs · I nfrastructu re I Council Member Mason inquired if a budget request for the Clean and Green Team had been included under the category of Code Enforcement for enhanced recycling code enforcement; whereupon, the City Manager advised that it was not an individual request at this point; however, individual departments were submitting requests. SUMMARY OF PRIORITY EXPENDITURES Support of Roanoke City Schools $2.3 Million Employee Compensation and $ 3.6Million Benefits Debt Capacity for Capital $ 1.1 Million Proiects Capital Fundinq $ 1.2Million Performance Agreements $ 1.0 Million Maintenance of Services $ 0.8 Million Enhanced / Expanded Services $ 1.2 Million Miscellaneous / Other $ 0.3Million Total $11.5Million I I I I 210 STATUS OF BUDGET BALANCING Preliminary Projection $ 5.3 Million Revenue Growth Priority Expenditures $11.5 Million Balance ($ 6.2 Million) Strateqies for balancing · Departments asked for 6% budget reduction options · Evaluate timing of planned bond issuance for capital projects based on cash flow needs and other considerations Mr. Stovall explained that it would be easy to remove the pay raise and other expenditure items, but it was decided that the strategy of past years be used. CITY COUNCIL PRIORITIES · Seek the input of City Council on priority items for FY 2008-09 · Activities/ programs that can be reduced or eliminated He advised that a handout was placed in each Council Member's folder with regard to current services provided by the City. The City Manager advised that the Council Members should review the list and advise as to whether they feel the City is spending too much or too little of its resources on a particular item, Le.: physical fitness centers throughout the City. She further explained that a project that failed was that of the public bagging their own leaves and mulch as well as incentives, such as, reimbursement for lawn mower mulch blades and providing biodegradable bags. Council Member Fitzpatrick inquired about the trash collection in the public housing sector; whereupon, Mr. Stovall replied that the City provides trash collection to housing developments at no cost. With regard to leaf collection and citizens bagging their own leaves, Mayor Harris inquired if the service could be set up so that if a citizen wished to have loose leaf collection they would have to pay for the service, and if they bagged the leaves themselves, the service would be free. He explained that the service would not be eliminated, but could be considered a higher level of service. 211 Mayor Harris also inquired if as a follow up, staff could revise the I program and includes information explaining what the program does and what the cost savings would be by altering the program. Council Member Lea commented that not every person would join the YMCA, but do utilize the City's fitness centers. Council Member Mason inquired if the departments had a chance to identify which projects could be eliminated; whereupon, the City Manager explained that the departments were aware of the projects included in the list. Council Member Mason commented that she found it surprising that in Sean McGinnis' presentation on the City's Carbon Footprint, he did not state reducing fleet or turning off electricity; but instead suggested more recycling of bottles and cans because the energy to produce those items is great. She hoped that the recycling effort could be increased and what needs the Solid Waste Manager had would be provided. Vice-Mayor Trinkle commented that deer culling could return if there was a need for it; whereupon, Council Member Fitzpatrick commented that semi- annually would be appropriate for deer culling if there was a need. The Director of Finance highlighted the following information with I regards to fund balance, advising that each year $2S0,OOO.OO is set aside for commitments that are would not be fulfilled until next year. FUND BALANCE . Fund balance -accumulation of revenues in excess of estimate plus unspent appropriations . Fund balance components: - Budget Stabilization Reserve Reserve for Self Insured Claims Reserve for Encumbrances Undesignated . Roanoke long held practice of appropriating undesignated fund balance for capital maintenance and equipment, contributions to community agencies . Fund balance levels rise and fall from year to year rather than accumulating The City Manager advised that the fund has been used to fund capital requests from outside organizations; such as, the Grandin Theater, the Dumas I Center, Mill Mountain Zoo, the History Museum; and improvements to the I I I 212 restaurant facility at Center in the Square. Roanoke Fund Balances 18.5 18.0 17.5 17.0 16.5 16.0 15.5 15.0 14.5 14.0 5.0 4.5 ~ 4.0 E 3.5 ~ 3.0 ':; 2.5 .~ 2.0 :: 1.5 :; 1.0 0.5 0.0 I_ Undesignaled I 10 Budget Slabilization I FY 2005 FY 2006 FY 2007 IT 2005 FY 2006 FY 2007 30 USE OF FUND BALANCE . Capital contributions to outside agencies -Grandin Theater -TAP Dumas -Mill Mountain Theatre -Mill Mountain Zoo -History Museum . Percent for Art · Supplement capital maintenance and equipment funding in the operating budget . Non- recurring capital maintenance and equipment FUND BALANCE · Roanoke rated AA by Fitch, Standard & Poor's and Moody's Complimented for strong financial, policies, growth in tax base and rapid debt amortization Noted that Roanoke has below average per capita income, housing values, and General Fund balance with above average debt Moody's is most conservative and noted that Roanoke's fund balance to revenues ratio is significantly lower that the median of AA localities · Roanoke must increase fund balance over the next 18"24 months and compare more favorably with medians to maintain current rating 213 The Director of Finance advised that Roanoke's rating is very strong and is something the City is very proud of; the City is commended for the budget I stabilization reserve and debt policy programs. FUND BALANCE STRATEGIES . Short term Continued growth of Budget Stabilization Reserve and transfer of Debt Service Fund balance to the General Fund. . Long term Revisions to Budget Stabilization Reserve Policy to increase target as a percentage of General Fund Discontinue appropriation of undersigned fund balance o Target of FY 2010 to discontinue use of fund balance o Continued allocation of capital funding within operating budget will reduce/eliminate need to appropriate fund balance Increase allocation for equipment replacement and maintenance Budgeting for contributions to outside agencies The City Manager advised that Moody's rating firm was the most challenging and to keep the strong rating, it may not be possible to respond to some requests from the outside agencies. She further advised that the City does not fund operating requests from the outside agencies only capital requests. I Vice-Mayor Trinkle inquired if comparable cities were rated at 20 percent by Moody's; whereupon, the Director of Finance advised that they were rated at 24 percent and the City of Roanoke was still lower. DEFINED CONTRIBUTION RETIREMENT PLAN . Roanoke's primary pension plan is defined benefit plan requires minimum of five years to earn vested benefit . Employees may participate in defined contribution plan (lCMA) to provide additional retirement benefits . Defined contribution plans allow greater portability from employer to employer-appealing to younger employees who are more 'mobile' . Research being conducted on potential of offering new employees option of defined contribution plan as opposed to City's traditional pension plan "Charlottesville initiated several years ago - JLARC study being conducted at State level . Potential recommendation forthcoming to City Council in fiscal year 2009 I I I I 214 OPEB · Accounting and reporting for Other Post Employment Benefits · Team from Finance, Management & Budget,' Human Resources, City Manager's Office · Roanoke's liability results from medical insurance rates for retirees which are blended with those of active employees · Initial actuarial study: -Liability approximately $20.5 million -Incremental cost to fully fund $1.24 million o Funding of $428,000 included in FY08 budget · Update actuarial review in progress · Based on significant cost of present benefit level, team anticipates recommending policy changes · Recommendation to City Council in near future to meet GASB implementation date of June 30, 2008 -Potential policy changes will most likely be phased in to minimize the impact on employees/retirees The City Manager advised that an additional supplement allowance has been provided to the retirees with at least 20 years of service, based upon 75 percent that the City provides for active employees on their healthcare. Vice-Mayor Trinkle inquired if the recommended policy covers the allowance or will that be separate; whereupon, the Director of Finance advised that the amount of the allowance will be considered as the amount to pay for the premium will be established. At 11:35 a.m., the Mayor declared the Financial and Planning Session in recess. At 12:05 p.m., the Financial and Planning Session was reconvened, with Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Council Member Wishneff. CAPITAL IMPROVEMENT PROGRAMS Mr. Stovall advised that the next few slides outline the planned spend based on the update for the fiscal year, highlighting the projects that require additional funding based on information from the department directors. PLANNED CIP PROJECT SPENDING . Buildings · Fire EMS Facility Improvement Proqram- $5.1 Million 215 -Williamson Road station under construction -Architectural and Engineering to begin on Melrose station -Additional funding of approximately $1 million may be needed · Police Academy - $5.7 Million -Negotiating with preferred PPEA provider -Includes planned bond funding of $5.5 million in FY 2009 -Any additional funding required will be from Federal Asset Forfeiture · Library Master Plan- $20.5 Million -Project activities underway -Includes planned bond funding of $7.1 million in FY 2009 and $7.95 million in FY2012 . Economic Development · Roanoke Centre for Industry and Technoloqy - $.3 Million -Residual infrastructure improvements remain pending the sale of last parcel - Additional funding of $1 .4 million may be needed . Flood Reduction · Roanoke River Flood Reduction - $22 Million -Project cost may increase $9.7 million, with local share of $4.85 million -Current CIP includes planned bond issuance of $4.52 in FY 2010 -Potential need for additional funding in FY 2008 based on cash flow-Reallocation of greenway funding in an alternative I I . Parks · Greenways and Trails -$1.3 Million -Various greenway trails underway -Additional funding of $800,000 planned over the next four years · Parks and Recreation Master plan- $33.6 million -Master Plan Adopted -Includes planned bond funding of $1 5 million in FY 2010 and $1 5 million in 2011 . Schools · Hiqh School Facility Improvements-$67.6 Million -Last phase of Patrick Henry -Completion of William Fleming . Storm Drains · Neiqhborhood Storm Drain Proqram-$.4 Million -Regional study planned -Identified projects totaling $60 million . Streets. Sidewalks. and Bridges · Bridqe Renovation and Replacement -$3.5 Million I I I I 216 -Includes planned bond funding of $2.75 million in FY201 0 -Received VDOT revenue sharing funding of$500,000.00 . -Additional funding of $3 million needed over the next five to six years based on identified needs · Curb/Gutter/Sidewalk-$3.5 Million -Included planned bond funding of $2.25 million in FY201 0 -Received VDOT revenue sharing funds $250,000.00 · Streets cape Proiects-$.4 Million -Remaining funding planned for Salem Avenue, adjacent to Art Museum -Funding of $300,000.00 needed for additional improvements (one block) downtown -Funding of $850,000.00 needed for continuation of improvements along Reserve Avenue · VDOT Proiects-$37.5 Million -Wonju Street/ Colonial Avenue/Brandon Avenue - lOth Street -13th Street -Signal Improvements . Other · Campbell Avenue Garaqe-$5.9M -Construction underway · Financial Application Integration -Tax and Treasury system replacement in progress -Proposals being solicited for Human Resources/Payroll system . New Proiect Requests: · Digital Radio -$7.9 M · Vendor will discontinue support of current analog system in December 2012 · Jail Security System-$2.6M · GRTC Trolley- $.2M · Planned implementation FY2009 · Schools- $4-$6M -Capital building maintenance and building redeployment · Traffic Signal Reconstruction- $2.5M · Courthouse Expansion- $55M -Based on current concept study The Deputy Director of Finance advised that the following slides regarding debt and debt policies were basic and were taken from the previous year slides and the numbers had been updated. 217 DEBT AND DEBT POLICIES I Legal Debt Margin and Balance of Outstanding Debt as of June 30, 2007 Assessed Valuation of Real Estate, 2007 Legal Debt Limit, 10% of $5,834,424,939 Debt applicable to limitation: City General Obligation Bonds Enterprise Food Debt: Civic Facilities Food 15,940,000 Parking Food 11,760,142 * Total Enterprise Food Debt School Bonds Total Bonded Debt Less: Available in Debt Service Food Enterprise Food Supported Debt Western Virginia Water Authority Supported Debt Legal Debt Margin $ 5,834,424,939 583,442,494 139,125,436 * 27,700,142 154,535,973 * $ 321,361,551 (1,021,667) (9,160,142) (28,924,766) 282,254,976 $ 301,187,518 * Includes Series 2008 Bonds 45 Ms. Shawver advised that the above slide is slightly inflated with regard to total bonded debt because approximately $19 million has been repaid. I PLANNED FUTURE BOND ISSUES FY2009 Bond Issue: . $5,500,000.00 Police Academy . $15,850,000.00 William Fleming High School . $ 7,100,000.00 Library Master Plan Phase I FY2010 Bond Issue: . $15,000,000.00 Parks and Recreation Master Plan . $4,520,000.00 Roanoke River Flood Reduction . $2,750,000.00 Bridge Renovation . $2,250,000.00 Curb, Gutter and Sidewalks FY2011 Bond Issue: . $15,000,000.00 Parks and Recreation Master Plan FY2012 Bond Issue: . $7,950,000.00 Library Master Plan Phase II I I I I 218 Future General Fund Debt Service Requirements and Projected Funding Available for Debt Service 30 25 20 15 10 5 o 2009 2010 23.915 2011 25.098 2012 25.707 2013 26.112 2014 24.919 _ Debt Service Requirements Upon 22.462 Issuance __ Projected Funding Available for 24.525 Debt Service Excess Capacity 25.598 26.094 26.594 27.094 27.096 47 Ms. Shawver advised that the above slide displays how the projected funding available for debt service grows approximately by $500,000.00 each year. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 219 Future City and School Debt Service 20.000 l!! 15.000 .!!! "0 o 10.000 '0 III c: ~ ~ 7.115 6.995 9.750 9.465 9.187 6.488 8.50'2 II1l City Paid by City iii School Paid by City iii School Paid by School I 48 DEBT POLICIES . Tax-supported general obligation debt service will not exceed 10% of General Fund expenditures . Net bonded debt will not exceed 5% of the assessed value of real estate. -Net Bonded Debt is general obligation debt for the City and School Board, exclusive of Parking Enterprise Fund debt and the amount available in the Debt Service Fund . Tax-supported debt will be structured such that not less than 50% of aggregate outstanding debt will be retired within ten years. Note: Ratios that follow include all tax-supported debt-Go bonds, VPSA, Literary Loans, QZAB, and Capital Leases. I I I I I I 220 RATIO OF DEBT SERVICE TO GENERAL AND SCHOOL FUND EXPENDITURES (l 0%) City Projects School Ove rail Projects FY2006 4.8% 3.3% 8.1% FY2007 4.9% 3.7% 8.6% FY2008 4.7% 3.8% 8.5% FY2009 4.6% 4.6% 9.2% FY2010 4.8% 4.8% 9.6% FY2011 4.9% 4.5% 9.4% FY2012 4.9% 4.3% 9.2% FY2013 4.9% 3.9% 8.8% Note: Assumes 3% annual growth of expenditures in FY09 and FY1 0, 4% in FY11 and thereafter RATIO OF NET BONDED DEBT TO ASSESSED VALUE OF REAL ESTATE (5%) City Projects School Overall Projects FY2006 2.6% 1.9% 4.5% FY2007 2.1% 1.9% 4.0% FY2008 1.8% 1.7% 3.5% FY2009 1.7% 1.8% 3.5% FY2010 1.9% 1.5% 3.4% FY2011 1.9% 1.3% 3.2% FY2012 1.7% 1.2% 2.9% FY2013 1.4% 1.0% 2.4% Note: Assumes growth in assessed value of real estate of 4.6% in FY09 and 4% thereafter. REDUCTION OF AGGREGATE DEBT WITHIN TEN YEARS (50%) (Reflects Issuance of Planned Future Debt) City School Overall FY2006 69% 66% 68% FY2007 65% 77% 71% FY2008 76% 64% 70% .FY2009 78% 65% 70% FY2010 79% 66% 72% FY2011 80% 67% 73% FY2012 83% 69% 75% FY2013 85% 72% 77% Debt Capacity After Future Planned Debt Issuances (in millions) Debt capacity is based on debt service payments not exceeding 10% of General Fund expenditures. Debt capacity is based on 5.5% interest. 221 I I 53 I I I I 222 CITY COUNCIL INPUT . Which projects are the most important? CAPITAL PROJECT RECAP Fire EMS Facilities Melrose Station Roanoke Centre for Industry and Technolo Roanoke River Flood Reduction Nei hborhood Storm Drain Pro ram Brid e Renovation and Re lacement Di ital Radio Streetsca e Pro. ects Jail Securit S stem GRTC Trolle School Capital Building Maintenance $1.0 Million $1.4 Million $4.85 Million $60.0 Million $3.0 Million $7.9 Million $1.15 Million $2.6 Million $0.2 Million $4.0-$6.0 Million $2.5 Million $55.0 Million Traffic Si nal Reconstruction Courthouse Ex ansion Vice-mayor Trinkle was of the opinion that flood reduction was a must and he would like to continue with the project. He also inquired if the trolley would be implemented in the summer 2008; whereupon, Mr. Stovall replied that fiscal year 2009 begins July 1, 2008. The City Manager further commented that the service would commence the beginning of September 2008. Council Member Mason also considered flood reduction the highest priority, and inquired as to whether the funds shared with the School system from the General Fund could be used to start a rainy day fund by the Schools; whereupon, Council Member Fitzpatrick responded in the affirmative and the City Manager replied that the schools could use the funds in said capacity. Council Member Mason was of the opinion that School Capital Building Maintenance was a lower priority project. Council Lea commented that his priority projects would be the Fire-EMS Facilities at Melrose Station, the Centre for Industry and Technology, and the Roanoke City Jail Security system. Council Member Fitzpatrick commented that his number one priorities are the Flood Reduction Project, bridge renovation and replacement, and Fire- EMS Facilities at Melrose Station. He commented that the Centre for Industry and Technology should not be considered until the City has a prospect, and he expressed concern about digital radio due to the amount that has to be put into 223 the budget over time. Mayor Harris advised that the Fire-EMS Facilities at Melrose Station would I be a priority project. Council Member Fitzpatrick advised that the Virginia Transportation Museum is in a good shape from previous years, but if they do not receive some significant help, they cannot remain in good standing. Although, he could not seek City assistance as a Council Member, he pointed out that 80 percent of the Museum's business stems from the City of Roanoke, and if the district base could be increased, it would have a direct impact. In addition, he stated that the City earns half of what the Museum collects and the numbers need to be increased. Mayor Harris advised that both the Virginia Museum of Transportation and Mill Mountain Zoo are organizations that claim City assets, and suggested that the City Administration advise the Council of any other cultural organizations that have similar connections to the City of Roanoke; and suggested that both organizations be removed from the Cultural Services Committee recommendations and be listed as a direct line items in the City budget or retain them under the system currently in place, which decision would rest with the Council. Mayor Harris advised that the consensus of the Council is to keep the real I estate tax rates as they are currently. There being no further discussion with regard to the revenues and/or expenditures, Mayor Harris suggested that additional items and/or comments be forwarded to the City Manager for discussion at the budget study session scheduled for Thursday, May 8, 2008 at 8:30 a.m., in Room 159, first floor, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. w. There being no further business, the recessed meeting was adjourned at 1 :00 p.m. APPROVED ATTEST: .~Ch,. YY\othtJ Stephanie M. Moon ~ City Clerk c~~ C. Nelson Harris Mayor I I I I 224 ROANOKE CITY COUNCIL-REGULAR SESSION February 19, 2008 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 19, 2008, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-1 5,Rules of Procedure, Rule 1, Regular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Members David B. Trinkle, Brian J. Wishneff (arrived late), Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, and Mayor C. Nelson Harrism--------mmmu----mmn------n7. A BS E NT : ---- n - - - -- -- - - - - -- - - n -- - - -- - - -- n - -- - -,- - -- -- - - -- n n n_ - n -_ ~_ __ n n n - - n - -- - - -- - - -- - - n nO. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk, and Cecelia R. Tyree, Assistant Deputy City Clerk. The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATION: The Mayor presented Mignon-Chubb-Hale, Roanoke City School Board Trustee, with a Proclamation declaring February 2008, as African American Heritage and Black History month. 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. Mayor Harris called attention to three requests for Closed Meetings. 225 MINUTES: Minutes of the regular meeting of Council held on Monday, November 19, 2007, were before the Council. (See Minutes on file in the City Clerk's Office.) Council Member Mason moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s nn______ _n_nn_n_____nn__n_________nn n______nnn_______nn_n_____nnnn~___nn__6. NAYS: Non e nn_nn_nn____n__nnnnunn_nnn_u___nnn_n_____nnn_______nnn--n---O. (Council Member Wishneff was not present when the vote was recorded.) COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s nn______unn_n_nnn__n_____nnnn__n__________nn_nn______nnnnnn_________nn_6. NAYS: Non e nnnnn__nnu______n_n_nn_nnu__n____nnn________n_nn_n_______n--nn-O. (Council Member Wishneff was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, where discussion in open session would adversely affect the negotiating strategy of the City, pursuant to Section 2.2-3 71l(A)(2 9), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I I I 226 Council Member Mason moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s ______n__n____n__n__ ____u__n_n____un_n_n______nn__n_____n________n__nn__n_n---6. NAYS: Non e n__n n____nn nnnn__nnnn___n nnn________nn__n______n_nn______nnn_nO. (Council Member Wishneff was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to the expansion of an existing business where no previous announcement has been made of the business' interest in expanding its facilities in the City, pursuant to Section 2.2-3711 (A)(s), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s _________n_nnnn_____n_nn___n___nn_nnn__n__n__nn___nn_____-_n_nnn_n_______6. NAYS: Non e ____n_nnn_______nn__nn_______nnnn_________n___nnnn_h_____n___nnnn-O. (Council Member Wishneff was not presentwhen the vote was recorded.) OATHS OF OFFICE-PARKS AND RECREATION ADVISORY BOARD: Reports of qualification of Adam W. Boitnott and Christopher M. Walters as members of the Parks and Recreation Advisory Board, for terms ending March 31, 2011, were before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Mason moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s n____________nnnnnnnnn______n_n__nn____________________n_nn_n_nn--------------6. NAYS: Non e nnnnnn__________nnn_n_n_nnnn__________nnn_n_n_nn_n_nn__nn--n-O. (Council Member Wishneff was not present when the vote was recorded.) 227 At this point, Council Member Wishneff arrived at the meeting (2:02 I p.m.). REG U LAR AG EN DA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: DOWNTOWN ROANOKE, INCORPORATED-RETAIL MANAGEMENT INCENTIVE PROGRAM: William H. Carder, Executive Director, Downtown Roanoke, Inc., appeared before the Council to present an update on downtown initiatives and to request consideration of a Retail Management Incentive Program. Mr. Carder shared the following information via powerpoint: Downtown Initiatives . Revitalizing Downtown and Changing the Experience . Intro . Downtown Roanoke, Inc. operates a 67-block district. The recommendations and ideas proposed relate to that area. . Parking plays a key role in any and all downtown revitalization efforts. o DRI continues to work and dialogue with the City regarding parking issues and needs. . Facade Grants . The current Fa<;ade Grant program was designed to help property owners visually improve the appearance of buildings in Enterprise Zone One A. Currently the grant is equal to 33 percent of the cost of fa<;ade renovation, capped at $25,000.00, and applies only to the front of each building. . Downtown Roanoke, Inc., is requesting that the City give consideration to expanding this grant program to include all exposed sides of the buildings with a $25,000.00 cap per side. This will spur investment while improving aging structures. . Retail Recruitment Program . Retail growth in downtown Roanoke is fragile. In order to help downtown thrive, additional retail is needed. Downtown Roanoke, Inc., proposes that, working in conjunction with the City's economic development office, we establish a priority to acquire an additional 60,000 square feet of unique, non-restaurant retail. . Anchor retailers will be targeted. I I I I I 228 . A committee has been formed and is working on the program parameters which will be shared with City Council soon. o Roger Elkin, Hall Associates o Lisa Soltis, City of Roanoke Economic Development o Bill Carder, Downtown Roanoke, Inc. o Kathy Kinsey, Downtown Roanoke, Inc. . The Retail Recruitment Program will include an incentive package used to for recruiting purposes. . Two-Way Streets . The downtown district, retail and residential uses in particular, can benefit from turning one-way streets to two-way. One-way streets promote higher-speed traffic an can create confusion, especially for non-local citizens. By two-waying streets in the' district, access to businesses and homes will be improved, and traffic will slow - allowing better visibility for retail. . With the renovation of the Market Garage, the Church Avenue block between Williamson and Jefferson will be converted to two-way. Downtown Roanoke, Inc., is proposing that Church be converted to two-way up to Fifth Street, and that First Street, from Campbell to Franklin, also be changed. Angle parking and parking meters will be studied to increase the use of available parking. . Destination Marketing · With assistance from public relations and media outlets and input from property owners, retail, restaurants, businesses and residents, Downtown Roanoke, Inc., is formulating a destination marketing plan. This outline will map social and traditional media avenues to reach the 20-39 age group as well as target outlaying counties and communities beyond the greater Roanoke Valley to bring more consumers to district retail, restaurants, clubs, galleries and museums. . A committee has been formed to develop the strategies and avenues necessary in order to reach neighboring communities to encourage them to visit Roanoke for a day, a weekend or longer. . Committee: o Todd Foutz, Neathawk Dubuque & Packett o Dean Browe II , Neathawk Dubuque & Packett o Roger Neel, Corned Beef & Company/Frankie Rowland's o Melinda Mayo, City of Roanoke o Kimberly Templeton, Art Museum of Western 229 Virginia/Taubman Museum of Art o Betsy Whitney, Habitat for Humanity o Chad Scott, 202 Market o Danielle Vesterso, ABC 13 o Fourd Kemper, Woods Rogers PLC o Donna Tatum, Express Personnel o Kathy O'Keeffe, The Binaba Shop o Bill Carder and Kathy Kinsey, Downtown Roanoke, Inc. · Pedestrian Wayfinding Signage . When we invite you to Discover What's Up Downtown, we mean it. With improved streets capes the goal is to add pedestrian signage so that visitors can easily navigate and explore our entire district. Ie vehicle destination signage, below: Mr. Carder indicated that DRI pledged to raise the funds to take care of the pedestrian way finding signage. . Market District Trash Collection . Downtown Roanoke, Inc. is working with the City's Solid Waste department to develop an improved trash collection system for the Market District. This trash service will ensure that refuse is not visible on our avenues. I I I I I I 230 . Membership Restructuring . An outline is under development, which will restructure Downtown Roanoke, Inc.'s membership program. The new plan will automatically include property owners who support the organization through the special service district tax as members. To enhance the benefits of membership for our business community a gift certificate program will be launched and marketed to drive increasing traffic into downtown. Retaining and growing the number and variety of businesses in the district is a key goal. . Downtown Roanoke, Inc. has recently invested in significant IT and database upgrades to ensure that members and businesses will receive timely information. . Bill's Bulletin will premier in the coming weeks. This bi- weekly notice will be faxed or emailed to interested parties. . Downtown Districts . Three downtown districts have been identified for branding: the Rail District, the Market District and Uptown. Brand identification will begin with the Rail and market areas. In conclusion, Mr. Carder pointed out that Downtown 'Roanoke, Inc., has a robust "Face book page" - a place where people can become "fans" of downtown Roanoke that is visible to both Facebook users and those on the outside such as through Google; and on the DRI fan page, Downtown Roanoke offers easy access to a wide variety of content such as videos, photos, interviews with local businesses, blog posts, major ~ event calendars and more. He also called attention to another video site known as YouTube, explaining that before January 30, if you looked up "Downtown Roanoke" (or even "Roanoke"), you would get an overwhelming number of videos with teens filming themselves skateboarding all over the city. He added that all changed when Downtown Roanoke started uploading its Facebook videos to YouTube and properly "tagging" them. Mr. Carder emphasized that Downtown Walk-Around video had over 200 views in the first two hours it was available; and out of googles, hundreds of thousands of videos, its downtown tour was the 45th most watched Travel video on January 30, 2008. Louis Tudor, Owner, Tudor's Biscuit World, appeared before Council and expressed opposition to the recommendation for a two-way street along the section of Church Avenue between Jefferson and First Streets, whereby his business is located. 231 Discussion: I Council Member Dowe suggested more diversification on the proposed committees. Council Member Lea commented on the lack of diversity of the people frequenting the downtown attractions; he suggested bringing more people from all sectors of the community to spread the excitement; whereupon, Mr. Carder responded that Roanoke has to have a diverse downtown. Council Member Wishneff commented that the retail recruitment program was on target and he was anxious to see how that program would be funded. He commented that the attractions were extremely diverse, but believed that communication could be improved. The City Manager stated that City officials met with Mr. Carder prior to the Council meeting and she was of the opinion that the retail recruitment program needed more work prior to any recommendations from the City administration. There being no further discussion, the matter was referred to the City I Manager for report and recommendation to the Council. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: AFFIRMATIVE ACTION: The City Manager submitted a status report regarding Affirmative Action and Diversity Initiatives for Calendar Year 2007. (For full text, see communication and supporting documentation on file in the City Clerk's Office.) Ms. Burcham pointed out that the City has made great progress, embedding the principles of diversity and inclusion at the City, which had been done by holding management accountable, strengthening its efforts to attract and develop talent, and encouraging an innovative diversity and inclusion initiative so the employees could share an even greater sense of pride and fulfillment in what they do. She also shared with the Council an overview of the City's gender and racial diversity. I I I 232 In conclusion, the City Manager advised that the City would continue to engage the community and recruit more women and people of color by refining its efforts through innovative recruitment and creatively tapping non-traditional venues; and such efforts currently underway include working with area high school counselors to connect job vacancies with newly graduated or graduating seniors, and speaking to young people in middle school, high school and special programs for youth about the value and merits of a career in public service. Furthermore, Ms. Burcham stated that the City would also continue to encourage and support the Diversity Advisory Council, which would work to provide direction to management as it relates to increasing its capacity for diversity and inclusion. Council Member Mason commented on Hispanic hiring retention, noting that the information would be reflected the following week. Council Member Lea inquired if diversity was part of the employees' evaluation performances; whereupon, the City Manager responded in the affirmative. . Council Member Dowe encouraged the City to attend the Emerging Leaders Workshop that is held during the first week of August. Dan Hale, President, NAACP, appeared before the Council and commented on the diversity of the employees working for the City of Roanoke. He also pointed out that 18 authorities, boards, commissions and committees appointed by the Council did not have any African American members. However, he complimented the City Manager and staff for their efforts in making the City of Roanoke a diverse city. He also expressed appreciation to Council Member Dowe for his involvement in diversifying Council appointed boards and suggested that the City expand its job recruiting efforts to historically black colleges. There being no additional comments by the Council, the report was received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-HOUSING-DISABLED PERSONS: The City Manager submitted a written communication recommending acceptance of the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development. I (For full text, see communication on file in the City Clerk's Office.) 233 Vice-Mayor Trinkle offered the following resolution: I (#38015-021908) A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $1 59,408.00, for a one-year period, commencing July 1, 2008 through June 30, 2009, to provide rental assistance and supportive services to disabled homeless individuals; and authorizing the execution of the necessary documents. (For full text of resolution, see Resolution Book No. 72, page 175.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38015-021908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri Sn____mmm____mmnmnm_m___mnmnunmmm__mn_mn__n_mn___7 . NAYS: Non e n_____n__nn_____n_nn___nnnn__Un_nn___U_nn________n_n________n-n----O . Vice-Mayor Trinkle offered the following budget ordinance: (#38016-021908) AN ORDINANCE to appropriate funding from the I United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 176.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38016- 021908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri s n_mn_m_mnm____nmn_nmn____mnm_n_u_m_nmm__mnnn_____m_7 . NAYS: Non e _n_nn__________n__n_n________n_n___________n_n____________n_nn___----nnn-O . BUDGET-HOUSING-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance of the Roanoke Homeless Assistance Team (HAT) Grant Renewal from the U. S. Department of Housing and Urban Development. (For full text, see communication on file in the City Clerk's Office.) I I I I 234 Council Member Mason offered the following resolution: (#38017-021908) A RESOLUTION authorizing the acceptance of the Roanoke Homeless Assistance Team Grant Renewal Award from the United States Department of Housing and Urban Development to provide outreach and limited case management services to the homeless; and authorizing the execution of the necessary documents. (For full text of resolution, see Resolution Book No. 72, page 177.) Council Member Mason moved the adoption of Resolution No. 38017- 021908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Lea, Mason, Trinkle, Wishneff an d Mayo r H arri Sn______n_n________nnh___nn_n_____n_n_n______n_n______nn__n__----nnnn-_7 . NAYS: Non e ______nnn______nn______nn_n________nnn ____nnn_______n__n________nnn___O . Council Member Mason offered the following budget ordinance: (#38018-021908) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2007- 2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 178.) Council Member Mason moved the adoption of Budget Ordinance No. 38018-021908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri Snn_______nn_____________nn______nn______________n_n___________n_nn------------7 . NAYS: Non e nn_____n___nnn____n______________________n___________nnn_-----------n-nn---O. BUDGET-HOUSING: The City Manager submitted a written communication recommending execution of Amendment No.3 to the 2004-2005 CDBG/HOME Agreement with the Roanoke Redevelopment and Housing Authority; and transfer of funds. (For full text, see communication on file in the City Clerk's Office.) 235 Vice-Mayor Trinkle offered the following resolution: (#38019-021908) A RESOLUTION authorizing the appropriate City officials to execute an Amendment No.3 to the 2004-2005 Agreement with the City of Roanoke Redevelopment and Housing Authority ("RRHA") to conduct housing activities using Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") funds, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 179.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38019-021908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri S_mm_n_mu_mmmumm__m_uu__m__mum______nnm______m_m__nn 7 . NAYS: Non enn____nnn_n_n__nn_n_n___nnn___n_nn__nn______n_nn____nn_---u--n-O. Vice-Mayor Trinkle offered the following budget ordinance: (#38020-021908) AN ORDINANCE to transfer funding from the United States Department of Housing and Urban Development within the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 180.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38020- 021908. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri S_____n_______n__nn_n_______nnnn__n__n_n_____n_n____nnn______--n--n-n---7 . NAYS: Non e_n______u__n__nn_n__n___n__nnnnn____n__nnnn_u____n__nnn__-------nO. I I I I I I 236 HOUSING-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending authorization to execute a Performance and Loan Agreement between the City of Roanoke, the Roanoke Redevelopment and Housing Authority, and the Hancock Building, LLC., for promotion of redevelopment within the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38021-021908) AN ORDINANCE authorizing the proper City officials to execute a Performance and Loan Agreement among the City of Roanoke (City), The City of Roanoke Redevelopment and Housing Authority (RRHA), and The Hancock Building, LLC (THB), providing for certain undertakings by the parties in connection with the renovation and restoration of a certain Building located at 35 Campbell Avenue, S.W.; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 181.) Council Member Mason moved the adoption of Ordinance No. 38021-021908. The motion was seconded by Vice-Mayor Trinkle. Council Member Wishneff inquired as to whether or not the Roanoke Redevelopment and Housing Authority had met and approved the request; whereupon, the City Manager explained that the matter was on the agenda for action by the Board of Commissioners at its meeting scheduled for 3:00 p.m., and that the Housing Authority did not object to the Council taking action on the matter prior to its meeting. Ms. Burcham added that the document had been reviewed and changes had been made according to the review. Council Member Wishneff reiterated his concerns as stated during the December 3, 2007 with regard to the City funding a loan to the Hancock Building in the amount of $880,000.00, noting that he would once again be voting against the recommendation of the City Manager. Council Member Lea inquired if the Housing Authority could be requested to allocate a certain number of apartments to low income residents; whereupon, the City Manager responded that the matter has been addressed in the agreement. There being no additional questions and/or comments by the Council Members, Resolution No. 38021-021908 was adopted by the following vote: AYES: Council Members Trinkle, Dowe, Fitzpatrick, Lea, Mason, and Mayo r H arri s n__nn________n____nn_n__n__n______n__n__n____n_______n______n__nn--n-----------6. NAYS: Council Member Wishneff-mm-n-num--mnn--mm---mm-n-m--m--1 . 237 BONDS-BUDGET: The Director of Finance submitted a written report recommending allocation of the City's 2008 General Obligation Public Improvement Bond proceeds. I (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38022-021908) AN ORDINANCE to appropriate funding from the Series 2008 Bonds to various capital projects, amending and reordaining certain sections of the 2007-2008 Parking, Capital Projects and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 183.) Council Member Mason moved the adoption of Budget Ordinance No. 38022-021908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, and Mayor Harrisu_um_mm___mmn_mmn_nm__nmmn___mm___m_m_m_m__nnnm 7. NAYS: Non e ______nnun_____nn________n__n______u_n________n_n______n___n______nnn___ O. I REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for the Federal Communications. E-Rate Program and the Virginia Middle School Teacher Corps Program; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38023-021908) AN ORDINANCE to appropriate funding from the Commonwealth for the Virginia Middle School Teacher Corps Program as well as corporate fees and transfers of existing funding for the E-Rate Program, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 185.) I I I I 238 Council Member Mason moved the adoption of Budget Ordinance No. 38023-021908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Dowe, Fitzpatrick, Lea, Mason, an d Mayo r H arri s uunn_unnnunuuu_uuu____________u_______________u______u____u__----------7. NAYS: No n enu_n_nunnnn_n_n_n_u_nununuuunuuuu_n_un_u_u_uu_u_unu_O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: DECEASED PERSONS-VIRGINIA TECH: Vice-Mayor Trinkle advised that he had been approached by citizens inquiring as to whether or not the City would have a memorial for the anniversary of the Virginia Tech incident on April 16, 2008; whereupon, he requested that the City Manager consider a proper memorial to recognize the incident. DOWNTOWN ROANOKE: Council Member Fitzpatrick stated that he had selected a committee to study the City's streetcar project, noting that the committee, which is comprised of employers, business owners, and DRI members, would begin meeting soon. ACTS OF ACKNOWLEDGEMENTS: Mayor Harris commended the City Manager and City staff for their efforts in coordinating the reception and dinner on Monday, February 18 at The Hotel Roanoke and the bridge/monument dedication on Tuesday, February 19, in connection with the Dr. Martin Luther King, Jr., Memorial Bridge. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. 239 HUMAN SERVICES: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and expressed concern with regard to the homeless population in the City of Roanoke, lack of low-income housing, lack of downtown retail stores, etc. I CITY MANAGER COMMENTS: CELEBRATIONS-UNITED WAY-SIGNS-CIVIC CENTER-DISASTERS-PARKS- FIRE/EMS DEPARMENTS: The City Manager shared that City staff attended the United Way Luncheon, which was held last week, reporting that the Leadership Giving for 2007 increased from 27 to 40 individuals; and contributions from the City had also increased from 2006. She expressed appreciation to Susan Lower, Director of Real Estate Valuation and other City employees for their efforts during the campaign. Ms. Burcham also announced that new entrance-way signs with the City's Logo were installed and directional signs in the downtown area. She added that pedestrian signs were also being made to make it easier for people to navigate through the City. The City Manager reported that the fire near Carvins Cove Natural Reserve was contained, and she urged citizens to refrain from entering the Park I until the City officials reopened it. She also acknowledged the Fire/EMS department for providing assistance to Roanoke County to help fight the fire. She also recognized City work crews for their outstanding work during the recent windstorm. At 3:45 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting to be held in the Council's Conference Room, Room 453, fourth floor of the Noel C. Taylor Municipal Building. Council Member Wishneff declined to participate in any discussions pertaining to the approved Closed Meetings requested by the City Manager. He left the Closed Meeting at 3:50 p.m. Council Member Dowe left during the Closed Meeting (4: 10 p.m.) At 4:38 p.m., the Council meeting reconvened in the Council Chamber, Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Council Members Dowe and Wishneff. I I I I 240 COUNCIL: With respect to the Closed Meeting just concluded, Council Member Fitzpatrick 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Lea, Mason, and Mayor HClrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e nnn_n______nn_nnnnn________n_nn________n nnnn_____nnn_n_nn_______O. (Council Members Dowe and Wishneff were absent.) TOWING ADVISORY BOARD: The Mayor called attention to a vacancy on the Towing AdviSOry Board created by the expiration of the term of office of Charles R. Brown on October 31, 2007; whereupon, he called for nominations to fill the vacancy: The name of David W. Spradlin was placed in nomination. There being no further nominations, David W. Spradlin was appointed as a member of the Towing Advisory Board for a term of three years ending October 31, 2010, by the following vote: FOR MR. SPRADLIN: Council Members Trinkle, Fitzpatrick, Lea, Mason an d Mayo r H arri,s nn________n_nn_______nnnn____________n________nnn_________n_n_________nn_- 5 . (Council Members Dowe and Wishneff were absent.) ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy on the Roanoke Neighborhood Advocates Board created by the resignation of Martha C. Williams for a term ending June 30, 2008; whereupon, he called for nominations to fill the vacancy: The name of Michael D. Wray was placed in nomination. There being no further nominations, Michael D. Wray was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Martha C. Williams ending June 30, 2008, by the following vote: FOR MR. WRAY: Council Members Trinkle, Fitzpatrick, Lea, Mason and Mayo r H arri s nn______nnn____nnn_n____nnnn____un_n_______n_________________n___________------- 5 . (Council Members Dowe and Wishneff were absent.) 241 At 4:40 p.m., the Council meeting was declared in recess to be I reconvened at 7:00 p.m., in the Council Chamber, Room 450, Fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. At 7:00 p.m., on Tuesday, February 19, 2008, the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor David B. Trinkle presiding. PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea and Gwendolyn W. Mason and Vice-Mayor Trinklennmnnnmms. ABSENT: Council Member Brian J. Wishneff and Mayor C. Nelson HClrris----------------------------------------------------------------------------------------------------------2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk, and Cecelia R. Tyree, Assistant Deputy City Clerk. The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was I led by Vice-Mayor David B. Trinkle. PUBLIC HEARINGS: ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request from Second Presbyterian Church, represented by George A. McLean, Jr., Attorney, to rezone 305 Highland Avenue, S. W., Official Tax No. 1021 521, from MX, Mixed Use District, to IN, Institutional District, subject to a certain condition proffered by the petitioner, for uses related to and ancillary to the use of the property at Official Tax Map No. 1021606 as a place of worship, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 1, 2008 and Friday, February 8, 2008. (See publisher's affidavi~ on file in the City Clerk's Office.) I I I I 242 The City Planning Commission submitted a written report recommending approval of the 15t Amended Application to rezone the subject property from MX District to IN District, advising that the request is consistent with the City's Comprehensive Plan and the Old Southwest Neighborhood Plan; and the rezoning will allow an established institution to expand its services with minimal impact on the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38024-021908) AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 187.) Council Member Mason moved the adoption of Ordinance No 38024- 021908. The motion was seconded by Council Member Fitzpatrick. The Vice-Mayor inquired if there were persons present who wished to speak in connection with the rezoning request. There being none, the Vice- Mayor declared the public hearing closed. Vice-Mayor Trinkle acknowledged the presence of George A. McLean, Jr., Attorney. There being no additional questions and/or comments by the Council Members, Ordinance No. 38024-021908 was adopted by the following vote: AYES: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and Vice-Mayor Trinkle-nmnm-mm---m-s. NAYS: Non e n____nnn________nnnn__nn_n________nn_________n_n_____nn________nn_--uO. (Mayor C. Nelson Harris and Council Member Wishneff were absent.) ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, to amend Vision 2001-2020, the City's Comprehensive Plan, to delete the current South Roanoke Neighborhood Plan, dated June 1, 1988, and 243 adopted by City Council on July 11, 1988, from Vision 2001-2020, and to include in Vision 2001-2020, the South Roanoke Neighborhood Plan, dated January 24, 2008, such neighborhood plan recommending various community design policies, including requiring future land use to be consistent with current zoning designations; residential development policies, including new infill development that is aesthetically and functionally compatible with the surrounding neighborhood and restricting the use of surface parking lots; economic development policies, such as maintaining the development pattern of the village center, maximizing on-street parking in commercial areas, and minimizing the impact of nearby large-scale industrial or commercial operations; recommending a transportation policy that includes maintaining the residential character of streets south of McClanahan; infrastructure policy which includes providing a connected sidewalk system north of 29th Street to access pedestrian destinations; quality of life policies such as developing the Reserve Avenue and Rivers Edge area as a "signature" regional park, providing connections to greenways and trails; and public services policy including coordination between the neighborhood and Roanoke City Public Schools on the enrollment at Crystal Spring Elementary School, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 1, 2008 and Friday, February 8, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending that City Council approve the amendment of Vision 2001-2020 to include the South Roanoke Neighborhood Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38025-021908) AN ORDINANCE approving the South Roanoke Neighborhood Plan dated January 24, 2008, and amending Vision 2001-2020, the City's Comprehensive Plan, to delete from it the current South Roanoke Neighborhood Plan dated June 1, 1988, and to include the South Roanoke Neighborhood Plan dated January 24, 2008; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 188.) Council Member Mason moved the adoption of Ordinance No 38025- 021908. The motion was s~conded by Council Member Fitzpatrick. I I I I I I 244 The Vice-Mayor inquired if there were persons present who wished to speak in connection with the proposed amendment. Barbara Duerk, 2607 Rosalind Avenue, S W., appeared before Council to express concern that her comments before the Planning Commission were taken lightly, which she believed were valid. She pointed out that changes needed to be made to the history chapter pertaining to the neighborhood and location of Virginia College because it was not accurate; she explained that the organization was formed from East South Roanoke Neighborhood Association which Organization was fighting for expansion of Yellow Mountain Road. She' added that the Organization later became Neighbors in South Roanoke when it was trying to address rezoning related matters and issues in the northern part of South Roanoke. She noted that McClanahan Street had increased traffic flow and was a collector street that should become a complete street. Ms. Duerk was of the opinion that it would be beneficial for the City to attend the American Planning Association Complete Streets workshop. She commented that the Plan includes a trolley and that Crystal Springs is identified as three plus acres, however if the new parking lot is included, the acreage will be three or more plus acres. She requested that consideration be given to adding the Complete Streets Policy to the South Roanoke Neighborhood Plan. There being no additional speakers, the Vice-Mayor declared the public hearing closed. Council Member Dowe commented on Ms. Duerk's concerns, noting that the concerns were valid, however, they would not be altering the Plan; and the history would be clarified and updated accordingly. There being no additional questions and/or comments by the Council Members, Ordinance No. 38025-021908 was adopted by the following vote: AYES: Cou,ncil Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and Vice-Mayor Trinklenmnnmmmnm--s. NAYS: Non enn--------nnn-_______nnn_______nnn________nnn__nn_nn_____n_nn--un-O. (Mayor C. Nelson Harris and Council Member Wishneff were absent.) 245 EASEMENT-YMCA: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 18, 2007 at 7:00 p.m., or as soon thereafter as the matter may be heard, the City of Roanoke proposes to vacate two public utility easements containing 0.050 acres and 0.038 acres respectively, located on property identified as Tax Map No. 2031908, located at 108 Orange Avenue, N. W., owned by The YMCA of Roanoke Valley, Inc., in connection with the expansion of the YMCA facility on that property, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 8, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute the appropriate document vacating the two public easements located at 108 Orange Avenue, N. W., and owned by the YMCA of Roanoke Valley, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: I (#38026-021908) AN ORDINANCE authorizing the vacation of two public utility easements containing 0.050 acres and 0.038 acres respectively, on property identified as Tax Map No. 2031908, located at 108 Orange Avenue, N.W., and owned by the YMCA of Roanoke Valley, 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. 72, page 190.) Council Member Mason moved the adoption of Ordinance No 38026- 021908. The motion was seconded by Council Member Lea. The Vice-Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Vice-Mayor declared the public hearing closed. Council Member Lea was in support of the expansion of the YMCA, noting that he was of the opinion that it would be good for the entire Roanoke Valley. I I I I 246 There being no additional questions and/or comments by the Council Members, Ordinance No. 38026-021908 was adopted by the following vote: AYES: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and Vice-Mayor Trinkle---m-nmm-mm---s. NAYS: Non ennnunnnu_nu_____n__un_uunun______nnunnun_n______nnnnnnu_O. (Mayor C. Nelson Harris and Council Member Wishneff were absent.) ECONOMIC DEVELOPMENT-ClTY-OWNED PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 18, 2007 at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to convey a portion of City-owned property designated as Official Tax Map No. 6472302, containing approximately 1.05 acres located at 2100 Countryside Drive, N. W., to Newbern Properties, LLC, in connection with the expansion of the Trane Heating and Air Conditioning facility located on adjacent property, the matter was before the body. . Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 8, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute such further action as may be necessary to accomplish the request, including execution of a deed and to complete the sale of the property to Newbern Properties, LLC, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) The City Attorney advised that the Virginia Constitution requires approval of any ordinance authorizing the sale of property by a 3/4 vote of the Council, which would be six Members of Council; unfortunately, there are only five Members of the Council in attendance tonight. The Vice-Mayor inquired if there were persons present who wish to speak on the matter. 247 Valerie Garner, 2264 Mattaponi Drive, N. W., appeared before Council in opposition of the recommendation to convey City-owned property to Newbern Properties, LLC, for expansion of a heating and air conditioning company since it was a part of the Countryside Golf Course; and furthermore, the Vice President of Operation of Meadowbrook, the management company of the golf course, had given no objection to the sale. Ms. Garner urged the Council Member to look at the location of the stakes on the land. I Susan Hall, 2237 Ranch Road, N. W., appeared before Council with regard to the conveyance of City-owned property to Newbern Properties, advising that the item was supposed to be tabled until the Council could come up with a vision for the property that would support the recreation aspect. She called attention to a response from the Economic Development Administrator addressed to the Council, noting that Countryside needed maintenance updates and it was the responsibility of the City and not Meadowbrook. She pointed out that the irrigation system needed repair at an estimated cost of $100,000.00, as well as the cart paths for a similar cost. She urged the Council to consider not selling the portion of property because it was a playable part of the golf course. AI Prillaman, Attorney, representing Newbern Properties, appeared before I Council and advised that it was a win-win situation for the City of Roanoke, Trane, Countryside, and Newbern Properties. He stated that studies were done to ensure that the golf course would still be functional with the loss of the land. He indicated that Trane needed the space for expansion purposes and the parcel of land would contain 10 to 14,000 square feet which would allow them to maintain their corporate headquarters. Council Member Fitzpatrick inquired if the expansion was an extension of the building; whereupon, Mr. Prillaman responded that he did not know if the expansion included the building. Council Member Fitzpatrick explained that it would be easier to expand the building to get the square footage, which may not change the property line and affect the golf course. He requested that the City research the matter and provide information to the Council prior to its next Council meeting. Council Member Lea requested information regarding the maintenance of the golf course; whereupon, the City Manager stated that the information could be provided prior to the next Council meeting. I I I I 248 Council Member Mason asked if the swimming pool could be addressed in the maintenance information; whereupon, the City Manager stated that the pool needed to be demolished and had not been in use prior to purchase of the property by the City. Council Member Mason inquired as to what the City's liability was concerning the pool since it was not being used. Council Member Fitzpatrick pointed out that water was being kept in the pool in order to hold the walls up. Vice-Mayor Trinkle advised that he does not support the piece mill demolition of the golf course until Council could weigh in the options that could occur and asked if the City Manager recalled when the contract was continued. He stated that the Council is due a presentation on the golf course and the green space and what should be done to entertain all viable options for Countryside. The City Manager advised that the report was scheduled to be presented in late spring and the agreement was to renew the agreement with Meadowbrook for a second year, whereby a RFP would be issued in advance. There being no additional questions and/or comments, action on the matter was tabled until Monday, March 3, 2008, at 2:00 p.m., or as soon thereafter as the matter may be heard. The City Manager was requested to provide the Council and residents of Countryside Estates with information pertaining to the extension of the existing building owned by Newbern Properties, LLC, and the ongoing maintenance of the golf course. ENTERPRISE ZONES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to make an application to the Virginia Department of Housing and Community Development for the matters set forth below, the matter was before the body. 1. To amend the boundaries of Enterprise Zone One A and to add a new noncontiguous Subzone A. Enterprise Zone One A is located within the area of the City that is east of Peters Creek Road, north of Brandon Avenue, west of Tinker Creek and south of Rt. 460. A portion follows both sides of Williamson Road from Hershberger Road to Orange Avenue, where it changes to only the west side of Williamson Road to Rutherford Avenue. Such amendment proposes to add to the current Zone One A approximately 4 acres of property 249 that is bounded on the north side by Buford Avenue, on the west by I Bridge Street, on the east by Rolfe Street, and on the south by Mountain View Terrace. Such amendment will also add approximately 21 acres of property known as the Roanoke-Salem Plaza, located on the southeasterly side of the intersection of Peters Creek Road and Melrose Avenue. The property to be added is zoned commercial, industrial, or mixed use, with such property being contiguous to property located in Zone One A. 2. The amendment proposes to add a new Subzone A to Enterprise Zone One A. Such new Subzone A will not be contiguous to Enterprise Zone One A. The new Enterprise Zone One A Subzone A will consist of properties bearing addresses of 2502 Franklin Road to and including 2814 Franklin Road, and from 2601 to and including 2823 Franklin Road. Such Subzone A will consist of approximately 29.3 acres. The property to be added is zoned commercial, industrial, or mixed use. 3. To amend the boundaries of the existing Subzone of Enterprise Zone Two, add an additional Subzone to Enterprise Zone Two, and designate the two Subzones as Subzone A and Subzone B. The amendment will designate the existing Subzone of Enterprise Zone Two as Subzone A and the new Subzone as Subzone B. I 4. Enterprise Zone Two Subzone A is located within the area of the City that is along 1-581 and is bounded by Frontage Road, Ferncliff Road and Ferndale Drive and 1-581. The amendment proposes to add to such Subzone A approximately 90 acres of property located in the following general area, which is on both sides of Thirlane Road and is bounded by the Roanoke Regional Airport property on the north and east sides. On the west side the addition is bounded by 1-581, while on the south side it is bounded by, but does not include, the property that houses the FedEx Building. The property to be added is zoned commercial, industrial, mixed use, or residential, with such property being contiguous to property located in Subzone A. S. The amendment proposes to add a new Subzone B to Enterprise Zone Two. Such new Subzone B will not be contiguous to either Enterprise Zone Two or Enterprise Zone Two Subzone A. The new Subzone B will be located within the area of the City that is on both I I I I 250 sides of Blue Ridge Drive, Aerial Way Drive, and property along the north side of Brandon Avenue from 3403 Brandon Avenue to and including the vacant lot (Tax Map No. 5200107) at the west corner of Peters Creek Road and Brandon Avenue, and then north along poth sides of Peters Creek Road to the Roanoke River. The addition is bounded by the Roanoke River on the north side and Brandon Avenue along the south side. The amendment proposes to add to such Subzone B approximately 147 acres of property located as set forth above. The property to be added is zoned commercial, industrial, or mixed use. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, February 6, 2008, and on Wednesday, February 13, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending adoption of the appropriate measures to expand the boundaries of Enterprise Zone One A, add a new Subzone A to Enterprise Zone One A, expand the current Subzone of Enterprise Zone Two, add a new Subzone to Enterprise Zone Two, and designate such Subzones as Subzone A and Subzone B, all subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, for the amended boundaries, all as set forth above; and furthermore, authorization to apply to the VDHCD for approval of the abovementioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: "A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A that will add certain areas to it and add as a new noncontiguous Subzone A certain other areas; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments." Council Member Mason moved the adoption of the resolution. The motion was seconded by Council Member Lea. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. 251 Richard Wellford, 10 South Jefferson Street, representing the Seven Dwarfs, appeared before the Council to request that the boundaries of the proposed expansion in Enterprise Zone One A be amended to' include four parcels totaling 1.72 acres located on Roberts Road. He advised that the developers desired to develop the land as a multi-tenant medical office; and by adding the parcels to the boundaries, it would represent approximately 10 percent of the budget for building the structure. I There being no further speakers, the Vice-Mayor declared the public hearing closed. The City Manager advised that given the size of the parcels, the City had no objections to the inclusion of the additional parcels to the boundaries; and inquired of the City Attorney as to what changes would need to be made to the existing ordinance; whereupon, the City Attorney advised that the general rule of law is once the public hearing has been advertised, parcels can be subtracted, but not added to without re-advertising the public hearing request. Council Member Mason inquired if the two resolutions should be adopted and amended later; whereupon, the City Attorney advised that could be an I option. Council Member Fitzpatrick suggested that the resolutions be adopted, subject to the City's findings regarding the inclusion of the additional parcels; whereupon, the City Attorney advised that the parcels would affect only the resolution pertaining to the boundary amendments to the City's Enterprise Zone One A. In view of the statements made by the City Manager and City Attorney in conjunction with the request of Mr. Wellford to have certain parcels included in Enterprise Zone One A, Council Member Dowe offered a substitute motion that the resolution offered by Council Member Mason and seconded by Council Member Lea be tabled until the next regular meeting of Council on Monday, March 3 at 2:00 p.m., or as soon thereafter as the matter may be heard. The substitute motion was seconded by Council Member Mason and adopted. I I I I 252 Council Member Mason offered the following resolution: (#38027-021908) A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone Two and its current Subzone that will add certain areas to it and will add as a new noncontiguous Subzone B certain other areas; designate the current Subzone as Subzone A and the new one as Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. (For full text of ordinance, see Ordinance Book No. 72, page 191.) Council Member Mason moved the adoption of Resolution No 38027- 021908. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason and Vice-Mayor Trinklemmmm-m-m-m-s. NAYS: Non e ______n____n____n________ -----------n------------------n--------n_________n_______O. (Mayor C. Nelson Harris and Council Member Wishneff were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, the Vice-Mayor declared the Council meeting adjourned at 7:50 p.m. APPROVED ATTEST: ~rn.~ Stephanie M. Moon City Clerk I I I 253 ROANOKE CITY COUNCIL-REGULAR SESSION March 3, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, March 3, 2008, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Council Member Beverly T. Fitzpatrick, Jr., 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.3 7817- 070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Member Beverly T. Fitzpatrick, Jr.--n-mm-m--m--nmn1 . ABSENT: Council Members Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff, Sherman P. Lea, and Mayor C. Nelson Harrismm-m---m--.-mnmmm5. (Council Member Alfred T. Dowe, Jr., submitted his resignation as a Member of Council on Saturday, February 23, 2008.) COUNCIL: Due to the lack of a quorum, Council Member Fitzpatrick declared the Council meeting in recess to be reconvened at 10:00 a.m., in Room 159, Noel C. Taylor Municipal Building. At 10:00 a.m., the Council meeting reconvened, in Room 159, first floor, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle, Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea, and Mayor C. Nelson H a r ri S n_ - - u - - n - - - - u - - -- - - - n - - __ u -- - - n n n - - - u -- - - n n -- - - - - _u - n - - n n - - - - - - - -- -~ - - - - -- - - -- n - - n - - n - - - - 5 . ABSENT: Council Member Brian J. Wishneff-n-------mmm-m-mm---mmnm 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Sheila N. Hartman, Deputy City Clerk. 254 CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting I that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council approve the request of Mayor Harris to convene in Closed Meeting as abovedescribed. The motion was seconded by Mason and adopted by the following vote: AYES: Council Members Mason, Trinkle, Lea, and Mayor Harris----m-m---4. NAYS: No n e-_n__nn___n_n______________n_nnnn__n______nnn_______________________-------0. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Wishneff was absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETINGS OF COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY ON MONDAY, APRIL 7, 2008, WITH ECONOMIC DEVELOPMENT AT 12:00 P.M., IN THE EOC CONFERENCE ROOM, I ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The Mayor suggested that all agenda items be forwarded to the City Manager or City Clerk. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. BRIEFINGS: Bicycle Friendly Brian Townsend, Assistant City Manager for Community Development, stated that the Council will be considering adoption of a Regional Bikeway Plan, a Regional Greenway Plan, and two efforts that the City has undertaken that combine both plans into a transportation policy, and an application for the Bicycle Friendly Community award designation which was discussed at the 9:00 a.m., session of the Council on Monday, January 7, 2008, will also be considered during the public hearing portion of the March 17 Council meeting. I I I I 255 Cristina Finch, City Planner II, presented the following Bicycle Friendly Transportation & Recreation Package: 2007 Update to the Roanoke Valley Conceptual Greenway Plan 2005 Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization Complete Streets Policy Bicycle Friendly Community award application Greenway Plan: A guiding document for developing a regional greenway network . Roanoke River Greenway #1 priority . Over 1 5 miles completed greenways in the City . Plan proposes 17 more miles in the City of Roanoke City Greenways will cover the following areas: . Barnhardt Creek Greenway . BioMed Loop . Blue Ridge Parkway Trails . Carvins Cove Trail Network . Garden City Greenway . Glade Creek Greenway . Lick Run Greenway . Mill Mountain Greenway . Mill Mountain Park Trails . Mudlick Creek Greenway . Murray Run Greenway . Reed Mountain Trails . Roanoke River Greenway . Tinker Creek Greenway Proposed Action #1 . March 17 City Council public hearing . Adoption of the 2007 Update to the Roanoke Valley Conceptual Greenway Plan as a component of Vision 2001- 2020 as recommended by the City Planning Commission 256 Bikeway Plan . Alternative modes of travel . Popular form of recreation . A guiding document for developing a regional bicycling network o Priority and vision routes o Ideas on how to accommodate bicycles I Bikeways Primary Routes . Metropolitan Planning Organization . Corridors for Bicycles Accommodations . Priority List and Vision . 2005 Proposed Action #2 . March 17 City Council hearing . Adoption of the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization as a component of Vision 1001-2020 as recommended by the City Planning Commission Accessing the Regional Network . Plans provide broad framework . Need local access to these regional routes . Streets provide local access I Proposed Complete Streets Policy . National movement to "complete the streets" . Accommodate all street users o Travel safety for non-motorists o Transportation mobility for people who cannot drive (about 1/3 of Americans) o Walking/biking for health . 2004 VDOT policy o Accommodate bikes and pedestrians in the planning, funding, design, construction, operation and maintenance Basis for Developing Roanoke's Policy . Vision 1001-2020, "Improving Streetscapes" recommends the creation of a street design manual ' "Roanoke's streetscapes should be welcoming and attractive multi-modal linkages that carry vehicle traffic, pedestrians, and bicycles safely and efficiently to and from their destinations" I I I I 257 Roanoke's Street Design Guidelines . Developed by an interdepartmental team . Shows how the city would like streets to look . Options for preferred multi modal and retrofit streetscapes . Guidance on common elements found along streets . City Planning Commission adopted the Street Design Guidelines as an internal tool for developing Complete Streets At this point, Council Member Fitzpatrick entered the meeting (10:20 a.m.). Map of Street Hierarchy and Character Districts and Typical Section Examples were also highlighted. Roanoke's Proposed Complete Streets Policy . Summarizes the most critical street design principles . Empowers staff to routinely plan, fund, design, construct, operate, and maintain streets . Outlines methods for implementation and monitoring progress Proposed Action #3 . March 17 City Council Public Hearing · Adoption of the "Complete Streets Policy" based on the Street Design Guidelines adopted by the City Planning Commission Why is adopting this "Package" important? . Affirm Roanoke's commitment to developing greenways, bikeways and streets that serve users of all ages and abilities . Create a common framework . Establish funding priorities and strengthen grant applications . Provide the foundation for a future more detailed study . Improve people's safety and quality of life . Help Roanoke gain recognition for its current practices and initiatives 258 Bicycle Friendly Community . Awards program administered by the League of American Bicyclists . January work session presentation I . Recognizes municipalities that actively support bicycling o Provide safe accommodation for bicycling o Encourage residents to bike for transportation and recreation Roanoke's Bicycle Friendly Attributes . Great start to an attractive greenway system . Accommodate bikes during street repaving projects . Largest police bike patrol program per capita in Virginia . Bicycle education programs o Police department o City schools . Bicycle clubs . Bicycle shops . People bicycling Proposed Action #4 . March 17 City Council Public Hearing . Approve the resolution to apply for the "Bicycle Friendly Community" award o Complete and submit the application I Bicycle Friendly Community Award . 4-year award o Platinum, gold, silver, bronze . Award ceremony . Road sign . Press release . Online recognition In Summary March 17 City Council meeting: . Adoption of the Greenways Plan . Adoption of the Bikeways Plan . Adoption of the "Complete Streets Policy" . Resolution to pursue a Bicycle Friendly Community award I (See copy of powerpoint presentation on file in the City Clerk's Office.) I I I 259 Comments: Vice-Mayor Trinkle asked if there would be an opportunity for the Roanoke River Greenway to connect to Lick Run; whereupon, Mr. Townsend stated that a contract had been executed for the design of that connection from the Water Pollution Control Plant to Tinker Creek using Greenway funds, and information would be forthcoming to the Council sometime in the summer with regard to the route alternatives and costs. There was discussion about whether or not a guardrail was needed near the Bennington Street area and the re-publication of the pocket-sized Greenway Guide for citizens. Council Member Lea asked how this package would strengthen the City's grant application; whereupon, Ms. Finch advised that when the City applies for a grant, and has proposed that a certain section of the Greenway be built for a certain project, it helps to have the projects in a plan that has been adopted by the Council because it shows that the project has been well thought out and that the City supports that portion of the Greenway. Mr. Townsend added that grants are awarded through a very competitive process, and points are given for certain things which will help a locality be competitive. Downtown Districts The City Manager shared with the Council some thoughts regarding the initial districts that would be created for marketing purposes for businesses that are located within the districts for use as an opportunity for marketing their business activities within a-district; adding that Downtown Roanoke, ,Inc. is seeking the Council's approval for use of these districts as identification for the downtown area. Christopher L. Chittum, Planning Administrator, Planning Building and Development, shared information pertaining to the following District Map, and commented on the three districts currently identified as Rail District, City Market District, and Uptown District. He stated that businesses in the Jefferson Street area want to be identified as a separate district and the area along that corridor needs special attention, and City staff is considering logical groupings and future districts as well. He added that City staff would like to move forward on the Rail District, City Market District, and Uptown District at this time. 260 I Comments: I Council Member Fitzpatrick expressed appreciation and inquired as to the Norfolk Southern Building not being included in the Market District; whereupon, Mr. Chittum advised that the building relates to other larger buildings by virtue of its scale. Council Member Fitzpatrick stated that there were several automotive entities on Luck and Church Avenues, and suggested consideration of an Uptown/Automotive District. Vice-Mayor Trinkle inquired as to whether the Council was been asked to just approve the concept, and if the City or DRI was going to prepare signage; whereupon, Ms. Burcham stated that it was not the plan for the City to take responsibility for creating banners for the areas at this time, it was really a marketing tool for businesses within those areas and her expectation is that DRI will prepare the banners once it has been determined if this is a valuable tool for use by the business owners in the respective districts. She commented that she was not comfortable with the word "Uptown" as a designation for a district, but does see the commonality; however some massaging of the I terminology does need to occur. I I I 261 .In response to Vice-Mayor Trinkle's main question, she wanted Council's concurrence that the City and DRI could move forward with the idea that two areas (Rail District and City Market District) have designations, which will require several months of work; during said time period, City staff could refine their thoughts with regard to the other districts, as well as rethink the name for the uptown area. The City Manager stated that the City's project was really pedestrian and vehicle level signage that directs people toward certain facilities or activities, and signs would be redone using the City's logo. She further stated that Outlook Roanoke Plan suggested that there would be banners designating the four corners of the district and placement of any signs along the City's right-of- way requires the City's oversight and approval. She added that given the budget situation in the upcoming year, she does not anticipate the City being involved financially in the placement of banners, but could have some oversight and approval of the appearance and actual placement in the area. Vice-Mayor Trinkle suggested the name "Market District" as opposed to "City Market District"; whereupon, no objection was noted. It was noted that the three districts identified were the Market District, Rail District and Uptown District. Entrepreneurial District By way of background, Brian Townsend, Assistant City Manager for Community Development, stated that several years ago the Economic Development Authority (EDA) facilitated the issuance of non-taxable bonds for Carilion's expansion at Roanoke Memorial Hospital and a bond issuance for Virginia Lutheran Homes (Brandon Oaks project), and whenever any type of development authority or industrial development authority supports the issuance of bonds, the authority collects administrative fees on an annual basis. He added that inasmuch as the Roanoke Economic Development Authority has had a chance to collect these fees, the Authority has been working with the City's Economic Development staff to identify ways to promote economic development in the City. Brian Brown, Economic Development Administrator, gave the following overview: 262 What is an Entrepreneurial District? I . The Entrepreneurial District would be a designated area(s) within the City which would create a stimulating and supportive climate for entrepreneurship. · The district would offer incentives and tools to support small business development by assisting entrepreneurs in development by assisting entrepreneurs in starting new businesses or locating existing businesses into the City. . Allows the Economic Development Authority (EDA) to playa fundamental role in creating a stimulating and supportive climate for entrepreneurship. . Incentives proposed would be: Training Office Supplies Research Projects Loans How would this work? Economic Development Authority (EDA) Funding and Oversight I Office of Economic Development Administration Virginia Tech, Knowledge Works Virginia Western Community College, Department of Business Assistance (DBA), Small Business Development Center (SBDC) Resources/Training Traininq . Funds would be used for training with key partners including Virginia Tech and Virginia Western Community College. . Training to include the Virginia Tech Boot Camp, entrepreneurial classes at Virginia Western Community College, membership in the President's Council, and other programs approved by the EDA. Office Supplies The Office of Economic Development is exploring options through the Commonwealth of Virginia to provide access for the purchase of supplies through Virginia's Total e-Procurement Solution (EVa) contract. I 263 I Research Proiects Assist businesses with the cost of research projects through Virginia Tech on new product development and market testing. Loans A qualifying business could leverage funding for a bank note. Funds from the EDA would be used as a second on the note up to 20% of the loan value. The loan backing would be capped at $5,000 per business. Two or three banks would be pre-approved for the program based on competitive rates. Where would the District be located? The EDA has not set the boundary for the district at this time. Who would Qualify? I . Small businesses under 10 employees moving into the district after its establishment . Businesses must have less than $1.5 million in revenues Who would not Qualify? . Restaurants . Retail establishments Where are we now? · The EDA is supportive of creating the program. EDA will be asked to authorize moving forward with the creation of the program on March 12 . The next steps would be the creation of guidelines for the district and related programs . Creation of specific boundaries . Agreements with other service providers · Economic Development staff to research supplemental funding sources (For full text, see copy of powerpoint presentation on file in the City Clerk's Office.) I 264 Comments: I Council Member Mason referred to the administrative fees created from the bonds, and asked how much money was currently available; whereupon, Mr. Brown advised that there was approximately $240,000.00 currently. She asked about the logic of having a geographic district by which to implement the program; whereupon, Mr. Brown stated that the City would like to locate the district within the commercial and industrial district boundaries, and encourage in-home business owners to open businesses in one of the designated districts, adding there is an opportunity to use the geographic district as a pilot to create additional districts within the City, with different incentives in the future; i.e., in the lower income CDBG tracts that could grow retail and restaurant businesses. Council Member Lea inquired if this concept would include minority businesses downtown; whereupon, Mr. Brown responded in the affirmative, adding that the City was working with the Small Business Development Center and Small Business Administration to work on a minority and women-owned business seminar that was scheduled for May 2008. In addition, the City Manager stated that the City sponsors a conference or meeting yearly that is specifically directed toward small and minority owned I businesses that affords an opportunity to connect a business with other businesses which may need their services, and she indicated that this would be another place for the City to market said program once the EDA has it established. Council Member Fitzpatrick stated that it was important for the Council to remember that 83% of the jobs come from current businesses, and if the City is unable to bring in new business, the 83% figure will not be attained. Mayor Harris was hopeful that the EDA would be able to finalize some of the issues and details prior to its joint meeting with Council on April 7 at 12:00 noon. Comprehensive Services Act The City Manager gave some background with regard to the Comprehensive Services Act and the significant challenge to the City from a financial standpoint for providing and delivering the services, even though the City is not in control of the number of children that are put into the City's care on an annual basis or what their presenting problems are; and that the briefing was in anticipation of a public hearing that will be held on March 17, with I regard to the local share of money that is involved with these programs. I I I 265 She introduced Jane Conlin, Director of Human Services/Social Services, who stated that the briefing was to address significant budget issues for the current fiscal year, and that additional funding of approximately $1.6 million in local funds and $3.6 million in State funds will be required to complete Fiscal Year 2007-2008. She reviewed the following information: CSA is an interagency program who's planning and management teams are comprised of the following member agencies: 2 3-A Court Services Unit Blue Ridge Behavioral Healthcare City of Roanoke Department of Social Services City of Roanoke Health Department City of Roanoke Police Department City of Roanoke Public Schools A private service provider A parent representative All member agencies are responsible for making decisions about services and funding for CSA-eligible youth. CSA Funds are comprised of State and local dollars The local CSA program serves almost 600 families per year: . Most children served are in foster care and/or special education systems . Other children served are involved in the juvenile justice and mental health systems CSA is mandated to provide sum-sufficient funding for children in or at risk of foster care and children in special education. CSA and Foster Care 75% of CSA-funded children are referred from the foster care system. (VA Office of Comprehensive Services) The number of children in foster care in the City has increased from 343 in Feb. 2006 to 436 in Feb. 2008. (An increase of 27%) (VA Department of Social Services, data current as of 02/01/08) 266 The average length of stay in foster care in the City is 35 months. (VA Department of Social Services, data current as of 02/01/08) (VA Department of Social Services, data current as of 02/01/08) I Age of children in foster care (VA Department of Social Services, data current as of 02/01/08): . 54% are under the age of 12 . 40% are between ages 13 and 18 · 6% are between ages 19 and 21 The main reason children enter foster care in the City is for abuse and neglect. Reason for Foster Care: . 2% Child in need of services/supervision . 5% Relief of custody . 5% Delinquency . 88% Abuse and neglect The cost of CSA has increased steadily over time in nearly all localities in Virginia. Cost increases are attributed to: I . Increase in number of families . Increased rates for services . Decreased Medicaid funding for some services Locality Comparison: Allocation v. Expenditures This table demonstrates the difference between CSA allocations (State and local combined) and the amount spent on services in local communities and some comparable First Cities for FY 2007 (VA Office of Comprehensive Services): I I 267 % Locality Allocation Expenditures Difference Difference Petersburg $2.632.879.00 $4.035.731.00 $(1.402.779.00> ( 5].28% ) City of Roanoke $6.714.043.00 $11 .116.061 .00 $(4.402.018.00> ( 65.56% ) Lynchburg $2.249.975.00 $4.243 .674.00 $0.993.699.00> ( 88.61 % ) Norfolk $6.074.452.00 $12.998.966.00 $(6.924.514.00> 013.99%) Roanoke County $2.847.862.00 $6.474.905.00 $(3.627.043.00> (127.36%) Portsmouth $2.295.866.00 $6.035.731.00 $(3.739.865.00> (162.90%) Cost Increase: Details The major reasons identified for local cost increases are: I . The (unduplicated) CSA population increased 3% from FY 2006 to FY 2007 The number of (mandated) children in foster care has increased almost 10% Increased utilization of Therapeutic Foster Care Beginning in April 2007, the Department of Medical Assistance Services decreased the amount that Medicaid reimburses for therapeutic foster care, from $79.00 per day to $10.53 per day. Local estimated impact for FY08 is $2,000,000.00. Brief period of increased out of state and assessment placements. . . . . Outcomes of Utilization Management (FY 2007-2008) . Decrease in average monthly utilization of residential services from 70 to 57 children per month. Estimated cost avoidan"ce: $360,594.00* . Decrease in average length of stay in residential services from 17 months to eight months. Estimated cost avoidance: $20,803.00* I 268 . Estimated ten diversions from residential to community- based care per year. Estimated cost avoidance: $277,380.00* *Estimates based on the City's 2007 unit cost for residential and group home placements of $27,738.00 per year. Out-of-state residential placements reduced by half: Estimated cost avoidance: $525,000.00 Use of non-CSA funding streams such as Early Periodic Screening, Diagnosis and Treatment (EPSDT) for qualifying services. Estimated cost avoidance: $1 50,000.00 Total Estimated Annual costs avoided: $1,333,777.00 I . . . New Approaches to Service Delivery New approaches to service delivery that have resulted in more cost effective care include: Service Type Estimated FY 08 Percentage Percentage Expenditures of of Expenditures Population F am i1y Specialized Care Community-Based Interventions and Foster 1 1.475.868.00 10% 51% I Special Education 1 485.130.00 .$. 3.009.277.00 .$. 288.289.00 Foster 1 4.289.226.00 1 500.409.00 Residential Treatment 1 4.249.224.00 $14.297.423.00 100% 100% Individualized Family Assessment and Planning Teams (i-FAPT) Building community capacity for wraparound care and use of informal supports 3.5% 11% 21% 10.5% Independent Living 2% 1.5% Therapeutic Care Group Homes 30% 17% 3.5% 1% 30% 8% Total . . 2008 Estimates: Expenditures by Service Category I I I I 269 Of the projected $14,297,423.00 we expect to spend for CSA in FY 2008, we estimate the following breakdown by service category: Proposed Legislative Chanqes: Proposed legislation to CSA match rates would provide incentives for using community-based services by: . Increasing local match for residential services . Decreasing local match for community-based care Strategies for Improvinq Services and Containing Costs: The City of Roanoke CSA plans and has begun to implement the following changes to better serve our citizens in a more cost- effective and effective manner: . Increase utilization management of therapeutic foster care services Increase access to individualized Family Assessment and Planning Teams and wraparound services Establish a single Family Assessment and Planning Team instead of multiple teams Provide prevention and reunification services to decrease the number of youth in foster care Provide clinical care coordination for youth in or at risk of residential treatment to reduce out of home placements Find ways to recruit, train, and retain family foster homes to reduce the over-utilization of Therapeutic Foster Care . . . . . (For full text, see documentation on file in the City Clerk's Office.) Comments: Council Member Lea inquired about recruitment of foster home families; whereupon, Ms. Conlin stated that it is much easier to refer to a particular child, giving his/her specific needs and recruit families that are qualified and capable to provide care for that particular child, adding that it would involve incorporating a lot of services around the entire foster family, wherein the City provides nine-weeks of intensive training three times a year. 270 Council Member Fitzpatrick asked if the City had more children because it was the only urban City in a large rural region; whereupon, Ms. Conlin stated that it was probable, as well as urban cities have a tendency to attract people with needs. The City Manager requested that suggestions and ideas for recruiting foster parents be forwarded to the Director of Human Services. Police Academy By way of background, the City Manager stated that last year's budget deliberations included as part of the City's Capital Improvement Program creation of an official police academy for use by the Police Department, emphasizing that the current academy is located in The Jefferson Center with less than adequate accommodations, and previous action of the Council approved a land swap with the Roanoke Regional Airport Commission for a piece of property located adjacent to the Roanoke City Public School's bus garage; and such project was bid under the PPEA requirement which allowed an a design/build opportunity. She noted that the City is negotiating a contract with the firm selected through the PPEA competitive process and the actual document will be brought to the Council in a couple of months for execution. Phillip Schirmer, City Engineer, referred to several drawings that showed the schematic footprint of the location of the 20,000 sq. ft. building, its features, training facilities, classroom, computer equipment, administrative and instructional staff accommodations. He commented that the facility would be considered a "green" building and the cost of the project was approximately $6.5 million, adding that there would be six months of design work, 12 - 13 months of construction time which is anticipated to begin in the fall. The City Manager indicated that the project is not expected to cost the City any additional funds, therefore, any increase in cost would be absorbed by Federal funds recently received and identified by the City as part of the appropriation. Comments: Vice-Mayor Trinkle inquired if the gym facilities would be available for use by the Parks and Recreation programs; whereupon, Chief A. L. Gaskins advised that it may be just a matter of scheduling around other programs. I I The City Manager was of the opinion that an opportunity existed to expose young people to police officers that may have a positive influence. I I I I 271 Council Member Lea. referred to the conference rooms and asked if it would be permissible for other law enforcement or criminal justice personnel to use the facilities; whereupon, Chief Gaskins stated that there would not be any conference rooms, but there would be some flexible space that could be used. Citizens Survey R. B. Lawhorn, Budget/Business Analyst, reviewed the following survey information that was based on a random sampling of about 524 citizens: City of Roanoke 2007 Citizen Survey Conducted by: The Virginia Tech Center for Survey Research Methodoloqy Random Sampling Design Survey Instrument Focus: New Items and Methodology Dates of Administration: July - October, 2007 Survey Pre-test Survey Administration Via Telephone Completed Telephone Interviews Sampling Error:, 24.27 percent Survey Length: 16.7 Minute Average Citizen Ratinqs of Quality of Life by Demographic Characteristics Income: . Residents with higher incomes rated the quality of life in the City more favorably than those with lower incomes . However, 75% of residents with lower incomes rated the City favorably this year with regard to quality of life compared to 59% in 2005 Age: . Respondents 40 years old or older rated the quality of life in Roanoke more favorably than did those residents who are under 40 years of age . However, 74% of residents under age 40 rated the City favorably this year with regard to quality of life compared to 67% in 2005 272 Race: I . Respondents who report their race as "white" rated the quality of life in Roanoke more favorably than did those residents who report their race as "black" or "African American" · However, 63% of residents who reported their race as "black" rated the City favorably this year with regard to quality of life compared to 55% in 2005 Perceptions of Safety in Roanoke: 2003,2005 & 2007 (Percentage Reporting "Very" or "Somewhat Safe") Neighborhood Park/Rec Facilities Downtown Civic Center Parking Lot City Parking Garages 2003 90.1% 61.5% 81.9% 75.2% 48.9% 2005 90.7% 73.7% 81.8% 82.6% 57.0% 2007 91.2% 69.0% 81.5% 78.4% 55.0% Level of Citizen Satisfaction with overall quality of City Services: 2000 - 2007: 2000 87.0% 2002 91.0% 2003 84.9% 2001 88.5% Response to Previous Survey: 2005 85.8% I 2007 81.1% . After the results were received for the 2005 Citizen Survey, action plans were developed to address the ratings for a number of services. . As a result, two of the services, Loose Leaf Collection and Storm Drainage Systems, saw their favorable ratings rise 7.5% and 6.9% respectively Actions that will Favorably Impact City Services Ratings in Future Surveys: Maintenance of City-owned buildings - a multi-year effort is underway to increase funding for capital building maintenance Citv parking facilities - expanding parking system with Campbell Avenue garage & facade and other improvements at the Market Garage . . I 273 I . Economic development assistance to business - creation of the Entrepreneurial Specialist to assist new business owners Actions that will Favorably Impact City Services Ratings in Future Surveys: . Appearance of Community Recreation Centers - Parks & Recreation Department master plan addresses facilities; we are divesting community centers not being used such as Villa Heights and Buena Vista . Response to citizen complaints & requests - ongoing customer service training for all employees Actions that will Favorably Impact City Services Ratings in Future Surveys: . Availability of parking at the Civic Center - continuing to explore ways of more effectively using our shuttle bus system to/from our parking garages . Building permits application and review process - Planning, Building, and Development Dept revising their strategic business plan with one goal being to identify processes to be streamlined I Actions that will Favorably Impact City Services Ratings in Future Surveys: . Efforts to promote environmental awareness to citizens - rollout of "Clean & Green" campaign, reduced tax rate for highly energy-efficient new or renovated construction, and tax exemption for personal property or real estate using certified solar energy equipment Actions that will Favorably Impact Strategic Issue Ratings in Future Surveys: . Roanoke's neighborhoods are good places to live - Housing strategic plan serves as guide for housing activities, targeting of public improvements in selected neighborhoods, focusing on market rate and upscale housing, enhancing downtown housing options, and developing the downtown neighborhood I 274 Actions that will Favorably Impact Strategic Issue Ratings in Future I Surveys: . Educational resources and opportunities available - Library master plan outlines-improvements to facilities, programs, and staffing. Over the last 2 years, we have allocated additional resources to this area. . Roanoke does a good job of focusing on the unique needs of youths the Youth Comprehensive Plan has been implemented and outlines measurable outcomes the city must meet as a component of Roanoke's 2001-2020 Vision Plan . City government's efforts to improve the local economy - participation in Roanoke Valley Economic Development Partnership campaign to focus on new strategies, to market the region, to recruit knowledge based workers and high income individuals, to diversify the mix of retail establishments, and to facilitate the formation and expansion of new businesses (For full text, see copy of document on file in the City Clerk's Office.) I At this point, the City Manager reviewed three charts regarding Citizen Agreement on Roanoke Strategic Issue/Question Survey Items 2000 - 2007, and City Government Customer Service Ratings: 2000 - 2007. Comments: Vice-Mayor Trinkle stated that some of the information identified disappointing trends and requested continuing updates of how citizens respond to the perception of the lack of governmental access or opportunities. At 12: 10 p.m., the Mayor declared the meeting in recess for a Closed Meeting. Due to a conflict in schedule, Council Member Fitzpatrick advised that he would not be present at the May 1 Council meeting wherein the Council will hold public interviews with candidates in connection with the appointment of an interim Council Member to fill the unexpired term of Council Member Dowe and would not participate in any discussions regarding the matter. He left during the Closed Meeting, prior to discussions regarding the appointment of an interim Council Member. I I I I 275 At 12:30 p.m., the Council meeting reconvened in Room 159, with Mayor Harris presiding, and all members of the Council in attendance, with the exception of Council Members Fitzpatrick and Wishneff. COUNCIL: With respect to the Closed Session just concluded, Council Member Mason 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 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 Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Lea, and Mayor Harrismm-mm-4. NAYS: Non e n__________n_n_____n___________________________________nn___n__nn______---nn--O. (Council Members Fitzpatrick and Wishneff were absent.) HOTEL ROANOKE CONFERENCE CENTER COMMISSION: The Mayor advised that his four-year term of office as a City representative to the Hotel Roanoke Conference Center Commission will expire on April 12, 2008, and called for nominations to fill the vacancy: Council Member Mason placed in nomination the name of C. Nelson Harris. There being no further nominations, Mayor Harris was reappointed as a City representative to the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 2012, by the following vote: FOR MAYOR HARRIS: Council Members Mason, Trinkle, Lea and Mayor HaLrris------------------------------------------------------------------------------------------------------------il. (Council Members Fitzpatrick and Wishneff were absent.) At 12:35 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 276 At 2:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor Harris presiding. PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle, Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harris--m--------5. ABSENT: Council Member Brian J. Wishneff ----m-m--m---mn-------___________1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 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. MINUTES: Minutes of the regular meetings of Council held on Monday, December 3, 2007, and Monday, December 17, 2007, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Council Member Mason moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HClrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e ------ --------------------------------- _______________________________________n ---------0. (Council Member Wishneff was absent.) I I I I I I 277 COUNCIL: A communication from Alfred T. Dowe, Jr., tendering his resignation as a member of Roanoke City Council, effective February 23, 2008. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HaLrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e _u_________________._______n______ -------------------- ------ ----------------------------0. (Council Member Wishneff was absent.) MINUTES: Minutes of the meeting of the Audit Committee held on Monday, October 1, 2007, were before Council. (See minutes on file in the City Clerk's Office.) Council Member Mason moved that the minutes be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HaLrris-------------------------------------------~----------------------------------------------------------------5. NAYS: Non e ----------------------------------------------------------------- ----- -------------------0. (Council Member Wishneff was absent.) CITY MANAGER-CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed lease agreement between the City of Roanoke and Easter P. Moses, owner, Gone CoCo, LLC., for rental space in the City MaLrket Building, was before the body. (For full text, see communication on file in the City Clerk's Office.) 278 Council Member Mason moved that Council concur in the request of the City Manager to convene in a public hearing as abovedescribed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor H arri s --- u____n__ -- ------ ___nnu___________________ n____ n ______n______n_______ n__________________________ 5 . NAYS: Non e________nn____n_________________nnu__n__un__nn____n_____n______-------------0. (Council Member Wishneff was absent.) CITY MANAGER-HUMAN SERVICES-BUDGET: A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider budget adjustments for certain social services/human service programs, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Manager to convene in a public hearing as abovedescribed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor H arri s --------- ----------------------------- ___________n__U______ ------------------------------- ---------------- 5 . NAYS: No n e__n______nn__nn__n__n________n_____nu__n__nn__nn_________n__u____-------0. (Council Member Wishneff was absent.) ELECTIONS: Transmittal from the General Registrar's Office of an Abstract of Votes cast in the Democratic/Republican Presidential Primary Election held in the City of Roanoke on February 12, 2008, was before the Council. (For full text, see abstract of votes on file in the City Clerk's Office.) Council Member Mason moved that the Abstract of Votes be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: I I I I I I 279 AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HClrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e _u___________n___u___________u________n________________________________u_________- -0. (Council Member Wishneff was absent.) HUMAN SERVICES: A communication from Cheri W. Hartman tendering her resignation as a member of the Human Services Advisory Board, was before the Council.. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HClrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e ____u_______________________________________________________________________________----0. (Council Member Wishneff was absent.) COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-ROANOKE PUBLIC LIBRARY BOARD-ROANOKE VALLEY ALLEGHANY REGIONAL COMMISSION: Reports of qualification of the following individuals, was before the Council: James L. Phillips as a City representative to the Court Community Corrections Program Regional Community Criminal Justice Board, for a term ending June 30, 2010; Lauren D. Saunders as a member of the Roanoke Public Library Board, for a term ending June 30, 2010; and Jay E. Foster as a member of the Roanoke Valley Alleghany Regional Commission to fill the unexpired term of William D. Bestpitch, for a term ending June 30, 2009. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 280 Council Member Mason moved that the reports of qualification be I received and filed. The motion was seconded by Mr. Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HaLrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e ____u__ __________uu____ -- ____u_ ------ nu____u____uu_______ __________uu__ __u ---0. (Council Member Wishneff was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CITY COUNCIL: Mayor C. Nelson Harris submitted a communication recommending the approval of the following process and dates as a means to fill the unexpired term of Alfred T. Dowe, Jr., resigned, which runs through June 30, 2010. . Advertisement of such intention, with dates for applications to be submitted, and for, a public hearing, in a newspaper of general circulation in the City as well as on Internet and RVTV. . Deadline for receipt of applications will be March 14 at 5 :00 p.m., in the City Clerk's Office. . On Monday, March 17 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will review and consider all applications filed for the appointment and Council will, by public vote, select from the field of candidates, those candidates to be accorded an interview, and all other candidates will be eliminated from the selection process. . On Thursday, March 20 at 4:30 p.m., Council will hold a continuation of its March 17th meeting for the purpose of conducting a public interview of candidates for the appointment of a Roanoke City Council member; and on the same day at 7:00 p.m., the Council will hold a public hearing to receive the views of citizens. I I I I I 281 . On Monday, March. 31 at 9:00 a.m., Council will hold a continuation of its March 20th meeting to vote to fill the unexpired term of Council Member Dowe ending June 30, 2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason moved that the Council concur in the recommendation of the Mayor as outlined in the communication. The motion was seconded by Vice-Mayor Trinkle and adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: WEED ABATEMENT PROGRAM-GRANTS-BUDGET: The City Manager submitted a written communication recommending appropriation of additional funds for weed and trash abatement. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance. (#38028-030308) AN ORDINANCE to appropriate additional funding from Weed Cutting and Demolition, amending and reordaining certain sections of the 2007-2008 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 193.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38028- 030308. The motion was seconded by Council Member Mason. Council Member Mason expressed appreciation to the City Manager for her assistance and support of the Clean and Green Campaign. There being no additional comments, Budget Ordinance No. 38028- 030308 was adopted by the following vote: 282 AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HClrris-----------------------------------------~------------------------------------------------------------------5. NAYS: No n enn____nn___n_nn__nnnn___nnn__nnn__nnn____n_nnn__n_nn_nn-n--O. (Council Member Wishneff was absent.) CELEBRATIONS: The City Manager submitted a written communication recommending approval of a resolution supporting the City of Roanoke's designation as a Preserve America Community, a White House Administration initiative to encourage and support community efforts that preserve and enjoy its priceless cultural and natural heritage. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution. (#38029-030308) A RESOLUTION supporting and authorizing the City's application for designation as a Preserve America community. (For full text of resolution, see Resolution Book No. 72, page 193.) Council Member Mason moved the adoption of Resolution No. 38029- 030308. The motion was seconded by Vice-Mayor Trinkle. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council in support of an initiative that would build up the entire community with the use of financial resources. There being no questions and/or comments by the Council Members, Resolution No. 38029-030308 was adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor HClrris------------------------------------------------------------------------------------------------------------5. NAYS: Non ennnnn_____n_nnn______n___n______nnnn_______n___n_______nnnn----nn-O. (Council Member Wishneff was absent.) I I I I I I 283 DIRECTOR OF FINANCE: . FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of January 2008. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance highlighted revenues through January 2008, advising that revenues through January increased 3.4% compared to the prior fiscal year; and a significant delinquent tax billing occurred in December of the prior fiscal year. He indicated that revenues grew 5.4% through the first seven months of the fiscal year, adding that most revenues are growing as anticipated, taking into account that the due dates for two of the City's major taxes, business license and personal property, are in the upcoming months of the fiscal year. Mr. Hall advised that recent national indicators' depict deteriorating economic conditions as the housing shock and credit crunch continue to spread; the Federal Reserve has responded to the evolving conditions by cutting its target for the federal funds rate a total of two and a quarter percentage points since September from 5.25% to 3.0%; and the job market weakened in January as payroll employment fell by 17,000 jobs for the month. He added that all ten Virginia metropolitan areas experienced increased unemployment in December, and relative to inflation, the Consumer Price Index increased 0.3% in December, and Core inflation, excluding food and energy, rose by 0.2% in December or 2.4% on a fiscal year-to-date basis. He further advised that at the State level, according to the Secretary of Finance's monthly financial report, revenues grew 3.5% in January 2008 compared to January 2007; revenues grew 3.3% on a fiscal year-to-date basis, equal to the annual estimate of 3.3%. He pointed out that the Commonwealth's forecast anticipates further weakness in the corporate and income tax payments, a continued slowdown in the sales tax receipts, and decreases in recordation tax receipts as the housing market continues to weaken. In conclusion, the Director of Finance stated that the City of Roanoke's adopted budget for fiscal year 2008 totals $252.6 million, representing a 5.4% increase over the adopted budget for fiscal year 2007; and budgeted revenue growth results from a projected increase in real estate and personal property tax revenues, as well as projected growth in various local taxes including sales tax, business license tax, and prepared food and beverage tax; and the City had no major tax due dates in January or February. 284 Without objection by the Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: COUNTRYSIDE ESTATES: Council having deferred action on the matter of conveyance of City-owned property located at Countryside Golf Course to Newbern Properties, LLC, for expansion of a heating and air conditioning company, the matter was again before the body. Inasmuch as action on the matter would require six affirmative votes by the Council, the matter was again deferred until the next regular session of the Council scheduled to be held on March 17, 2008. ENTERPRISE ZONE: Council having deferred action on the matter from its regular meeting held on Tuesday, February 19, 2008, with regard to approval of Enterprise Zone One A and its subzone amendments application, the matter was again before the body. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the matter be removed from the table for reconsideration. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea and Mayor HaLrris------------------------------------------------------------------------------------------------------------5. NAYS: Non e u____nnnn__n _un___nnn_._nnn n____un__n__uu__ _unn__ ___n_nU ___un O. (Council Member Wishneff was absent.) Council Member Mason offered the following resolution: I I I I I I 285 (#38030-030308) A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A that will add certain areas to it and add as a new noncontiguous Subzone A certain other areas; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. (For full text of resolution, see Resolution Book No. 72, page 195.) Council Member Mason moved the adoption of Resolution No. 38030- 030308. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Trinkle, Fitzpatrick, Lea, and Mayor H arri s n___n__n____ __n_______n______n__nn___________n__ ______n ________n___nn____________ __n____n_n_ 5 . NAYS: Non e _________n___n __unn_n___n nn_unnn__n ____n_n___________n_______nn___nn O. (Council Member Wishneff was absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. ECONOMIC DEVELOPMENT-GRANTS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council with regard to the availability of various grants that may be submitted by the City to stimulate growth in the community. CITY MANAGER COMMENTS: 286 ACTS OF ACKNOWLEDGEMENT: The City Manager commented that I citizens were fortunate to live in a community that did not have to experience the peaks and valleys of the country's economy. She mentioned that she and Council Member Mason attended a ribbon cutting ceremony for the grand opening of a grocery store in the Northwest community which will support the Peters Creek Road Corridor, and that she was pleased that successful business people want to create new businesses in the City. She added that the store will not only provide citizens with another option for purchasing food, but is also a good sign of the potential for rejuvenating the City's economy. There being no further business, the Mayor declared the Council meeting adjourned at 2:25 p.m. APPROVED ATTEST: / L2.l~a4~ c. Nelson Harris Mayor I ,~()tn. 11J()l)yJ Stephanie M. Moon, CMC City Clerk I I I I 287 ROANOKE CITY COUNCIL-REGULAR SESSION MARCH 17, 2008 2:00 P.M. The Council of the City of Roanoke met in regular session on Monday, March 17, 2008, at 2:00 p.m., Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-1 5, Rules of Procedure, Rule 1, ReQular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff (arrived late); Beverly T. Fitzpatrick, Jr., (arrived late), and Mayor C. Nelson Harrism-----u-----mmmmm---------m-mmm---G. ABS ENT: Non e _____________________________________________________________________________________0 . (Council Member Alfred T. Dowe, Jr., submitted his resignation as a Member of the Roanoke City Council on Saturday, February 23, 2008.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Sheila N. Hartman, D,eputy City Clerk. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT: NONE. 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. The Mayor called attention to two requests for Closed Meetings. 288 MINUTES: Minutes of the regular meeting of Council held on Monday, January 7, 2008, were before the body. I (For full text, see Minutes on file in the City Clerk's Office.) Council Member Mason moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrism--m--m 4. NAYS: Non e ________________u________ -------- ----------- _n___________ ------- -- -- ---------- -- -------0. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. I (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris-m-mm_- 4. NAYS: Non e ______________________________nn_n________n________ -------- ----------n--------------O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I 289 Council Member Mason moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrismmm-m-4. NAYS: No n e______nnn_________n_nnnn___n_____________________________n__________n_n__n__O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) CITY COUNCIL: A communication from the City Clerk advising of the resignation of the Honorable Julian H. Raney, Jr., as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, and Mayor Harrismmm-----4.. NAYS: Non e __n________ ___u_ ----------------------------------------------------n-n------n------O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) ROANOKE NEIGHBORHOOD ADVOCATES: Report of qualification of Michael D. Wray as a member of the Roanoke Neighborhood Advocates, to fill the unexpired term of Martha C. Williams term ending June 30, 2008, was before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council member Mason moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: 290 AYES: Council Members Lea, Mason, Trinkle, and Mayor Harris--------m---4. NAYS: Non e__n______n__n__u____nu__nn_n___n___nnn____________________n___n__n_______O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.) REGULAR AGENDA The following applications were reviewed and considered for appointment to fill the unexpired term of Council Member Alfred T. Dowe, Jr., resigned, through June 30, 2010. The following candidates submitted applications for consideration: Kirk A. Ballin William D. Bestpitch Evelyn D. Bethel M. Helen Butler Amy C. Cosner M. Rupert Cutler Scott G. Dreyer Dale A. Edmonston F. Gordon Hancock Don L. Hogan Stuart Israel Robert H. Logan, III J. Granger Macfarlane Michael T. Morrissett Alvin L. Nash David B. Parr John H. Parrott Earl B. Reynolds, Jr. Vivian Y. Sanchez-Jones Charles W. Turpin Christopher M. Walters Martha A. Williams There being no objection by the Council, all abovementioned applications were received and considered as qualified applicants. PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ECONOMIC DEVELOPMENT: Phil Sparks, Deputy Director, and Beth Doughty, Executive Director, Roanoke Valley Economic Development Partnership, presented the 2007 Report of Economic Development Activity. Mr. Sparks reviewed the work relationship between the Partnership and the City of Roanoke, and shared the following information relating to business development for 2007: I I I I I I 291 . Partnership staff met with Brian Brown, Economic Development Director, and Chris Copenhaver, Economic Development Specialist, during the first quarter of 2007 for an update on sites, buildings and other issues that could be beneficial in promoting the City of Roanoke to business prospects. . A labor analysis was undertaken to assist in determining the availability of labor skills within the Roanoke labor market. Organizations interviewed included Dabney S. Lancaster Community College, Virginia Tech, Carilion Biomedical Institute, Virginia Economic Development Partnership's team leaders, Virginia Employment Commission, and Virginia Western Community College. Information was used to help the Partnership focus on target industries. . Briefing sheets of prospect activity for 2007 reflect information on 218 inquiries. (75% was generated by Regional Partnership) . 81 prospects or qualified leads (contacted, but have not visited the valley) . Opened 20 prospect files . 109 prospect events (interaction of at least five times before a decision was made to either relocate to the area, remain as an existing business, or relocate outside of the Valley) . Conducted seven trade shows . Conducted six marketing missions . Six proposals are pending that represent 200-230 employees, $30.4 - $37.5 million in new capital investments . 10 companies are considering the region who can invest up to $122 million in new facilities within the area At this point, Council Member Fitzpatrick entered the meeting (2:05 p.m.) Mr. Sparks also indicated that in 2007, the Blue Hills Drive building had 22 visitors, Frontage Road building had 16 visitors, Riverside Center had 30 visitors, RClT had 53 visitors, and the Smurfit and Stone Building had 43 hits to the Fast Facilities website which is hosted by Arep. Development Magazine. In addition to keeping the City's buildings and sites up to date on Fast Facilities, the Partnership maintained, on a weekly basis, the listing of buildings on its website and the Virginia Economic Development Partnership website. He expressed appreciation to City staff on their efforts in working with the Partnership. 292 He pointed out that the Partnership had a successful campaign last year, I raising approximately $6.9 million, adding that the eight governments participating pledged $3.25 million and the business community committed to $3.52 million. (See copy of written statement on file in the City Clerk's Office.) At this point, Council Member Wishneff entered the meeting (2: 10 p.m.) Ms. Doughty shared information with regard to the Partnership's expanded work program stating that 2007 was a difficult year for economic development. She explained that the Partnership is considering a significant addition to its program of work in order for the lion's share of work to go towards business recruitment, with an expansion in retail business, along with industrial and commercial business. She remarked that the Partnership will have 50% more resources to use to enhance its image, increase visibility of the region, and to promote the region's many attributes, community amenities and assets. She expressed her appreciation for the City's support and looked forward to making continual progress in the future. Comments: I Council Member Mason asked about the Partnership's strategy with regard to growth in population; whereupon, Ms. Doughty emphasized that the fundamental platform is education through image building, awareness raising activities, and traditional tools like digital media, public relations, advertising, etc., adding that the Partnership would have to use its resources wisely and efficiently, to develop a digital strategy for the region. Vice-Mayor Trinkle commented that visibility, marketing and branding was very important and hoped that all pertinent players could be brought to the table so that the message could be developed and used uniformly. Mayor Harris expressed appreciation to Mr. Sparks and Ms. Doughty for briefing the Council on the 2007 activities of the Roanoke Economic Development Regional Partnership. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. I I I I 293 ITEMS RECOMMENDED FOR ACTION: BUDGET-POLICE DEPARTMENT: The City Manager submitted a written communication recommending appropriation of funds for the State Asse~ Sharing and Federal Forfeited Property Sharing. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38031-031708) AN ORDINANCE to appropriate funding from the State Asset Sharing Program and Federal Asset Sharing Program, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 197.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38031- 031708. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and MCl,,()r HClrris--------------------------------------------------------------------------------------------------E). NAYS: Non e ______n___n__n_n____________n___nn__n_____________________________nn__n_nn_-0. BUDGET-EMERGENCY SERVICE-FIRE DEPARTMENT-GRANTS: The City Manager submitted a written communication accepting Assistance for Firefighters Grant Program funds from the Department of Homeland Security, Federal Emergency Management Agency, and the U. S. Fire Administration. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38032-031708) A RESOLUTION accepting the Assistance to Firefighters grant offer made to the City by the Department of Homeland Security, the Federal Emergency Management Agency (FEMA), and the U.S. Fire Administration and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 72, page 198.) 294 Council Member Mason moved the adoption of Resolution No. 38032- I 031 708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ____nn__n____n________ _________nn n__ -- n__________ _nnn__n________n__ n__n____nnn_ -6. NAYS: Non e ____________n____n__ ____n__ -- -- _______nnn_n_______ --------- n___nn_______ -- ---- -0. Vice-Mayor Trinkle offered the following budget ordinance: (#38033-031708) AN ORDINANCE to appropriate funding from the federal government for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2007-2008 Grant and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, Page 199.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38033- 031708. The motion was seconded by Council Member Mason and adopted by I the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arr i s ____________nnnnn____n_______________n___n______n__n_n_______n__________nn n--------6 . NAYS: Non e________n_n___n________n______________n___n___________________________________nn-O. BUDGET-GRANTS-YOUTH: The City Manager submitted a written communication accepting the Governor's Youth Community Service and Civic Engagement Program funds for the City of Roanoke Service Learning Academy grant program. (For full text see, communication on file in the City Clerk's Office.) Vice -Mayor Trinkle offered the following resolution: (#38034-031708) A RESOLUTION authorizing the acceptance of a grant from the Governor's Youth Community Service and Civic Engagement program to be used to establish and implement a Service Learning Academy in connection with the Youth Haven program; and authorizing the execution of the necessary documents to accept such grant, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 200.) I I I I 295 Vice-Mayor Trinkle moved the adoption of Resolution No. 38034-031708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ---------------- _____n__________________ --------------------------- -n-----:.---------------------6. NAYS: Non e ________________n_______n____________u________u_________________________________ -----0. Council Member Mason offered the following budget ordinance: (#38035-031708) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Governor's Youth Community Service and Civis: Engagement Program, amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No 72, page 201.) Council Member Mason moved the adoption of Budget Ordinance No. 38035-031708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ----------------------------------------------- _________n______________________________________u6. NAYS: Non e __u____ __________________n_______ ------------------------------------------------------0. BUDGET-COMMONWEALTH ATTORNEY'S Manager submitted a written communication additional new, full-time Administrative Commonwealth Attorney's Office. OFFICE-GRANTS: The City recommending approval of an Secretary position for the (For full text see, communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38036-031708) A RESOLUTION authorizing the addition of one new, full-time, permanent position for the Roanoke Commonwealth Attorney's Office. (For full text of resolution, see Resolution Book No. 72, page 202.) 296 Council member Mason moved the adoption of Resolution No. 38036- 031708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H a rri s ________nn__n________________n___nn__ __________________n__ n_______________ n n -- nn______ 6. NAYS: Non e ____n________________________nn___________________n___________n ____n__n___________ O. Vice Mayor Trinkle offered the following budget ordinance: (#38037-031708) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, and transfer funding from Pay Raise Contingency, for the new Commonwealth Attorney position, amending and reordaining certain sections of the 2007-2008 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book no. 72, page 203.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38037- 031708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ------ ______________nn____ n_______ __________u____u__nn n n_nn__ ------------------nn----6. NAYS: Non e _____________________________n____n__________________u____ n _nnn______ ------------- O. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds to various programs and accounts; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: I I I I I I 297 (#38038-031708) AN ORDINANCE to appropriate funding from the Commonwealth and Federal governments as well as from local match, amending and reordaining certain sections of the 2007-2008 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 204.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38038- 031708. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ____________________n____nnunn_____n_______nu___________ n_____________ _______n____nn_6 . NAYS: Non e ____n____nn__nn_____n____n_______n___________________ _______n____________ -n----O . UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. CELEBRATIONS: Lawrence Landolt, Director, EventZone, appeared before the Council and shared information regarding the annual activities relative to festivals and events scheduled for downtown Roanoke for 2008. (See handout on file in the City Clerk's Office.) COMPLAINTS: Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke with regard to jobs, the economy, affordable housing, job training, increased wages, living conditions and police protection. CITY MANAGER COMMENTS: 298 VIRGINIA TECH-PARKS-DECEASED PERSONS: In response to Vice-Mayor I Trinkle's request for City staff to study ways to commemorate the April 16 Virginia Tech shootings, the City Manager remarked that it has been recommended that the Mill Mountain Star be turned off on April 16. There being no objection by the Council, the City Manager was instructed to proceed as recommended. She also stated that staff was in the process of gathering information from Virginia Tech regarding any other activities that the University might wish for the City to be involved in to recognize the incident. She also announced that the City had received notification from the Insurance Services Office (ISO) of its qualification for a Class 7 rating under the Community Rating System (CRS), which recognizes the City's many activities related to flood plain management and community outreach with flood risk information and provides an additional five percent premium reduction, for a total reduction of 1 5 percent for federally subsidized flood insurance policies in the City. In closing, she referenced an article in the Roanoke Times, March 14 "Homes" supplement, regarding information about green building principles used in housing in the City, which was included as part of an article titled "Roanoke Goes Green". She added that she planned to share some of the City of Roanoke's sustainability activities with the ICMA Sustainability Advisory Committee. Ms. Burcham called attention to Roanoke's E-911 Center being recognized for achieving accreditation through the Commission on. Accreditation for Law Enforcement Agencies (CALEA) for Public Safety Communications on Saturday, March 1 5 in Atlanta, Georgia, noting that Roanoke is one of a very selected few municipalities in the country whose E-911 Center, Fire-EMS and Police Departments, and Sheriff's Department have all been recognized with national accreditation. I At 2:50 p.m., the Mayor declared the Council meeting in recess for two briefings and a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 3:25 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Harris presiding and all Members of the Council in attendance, with the exception of Council Member Fitzpatrick, who left during the Closed Meeting. (Inasmuch as he will not be able to participate in the entire selection process for the appointment of an Interim Council Member to fill the unexpired term of former Council Member Alfred T. Dowe, Jr., through June 30, 2010, Council Member Fitzpatrick declined to engage in any discussions regarding the appointment.) I I I I 299 COUNCIL: With respect to the Closed Session just concluded, Council Member Mason 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 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 Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle,. Wishneff, and Mayor HaLrris-------------------------------------------------------------------------------------------------------------5 NAYS: Non e n__________________n___n________________n__n_______________-___n_____________n_____ O. (Council Member Fitzpatrick was absent.) HUMAN SERVICES ADVISORY BOARD: The Mayor advised that there is a vacancy on the Human Services Advisory Board created by the resignation of Cheri W. Hartman for a term ending November 30, 2009; whereupon, he called for nominations to fill the vacancy. The name of Angela Holland was placed in nomination. There being no further nominations, Ms. Holland was appointed as a member of the Human Services Advisory Board to fill the unexpired term of Cheri W. Hartman ending November 30, 2009, by the following vote: FOR MS. HOLLAND: Council Members Lea, Mason, Trinkle, Wishneff, and Mayo r H arri s __________n____________________________n____________n__n______n____nn____nn _______n_____ 5 . (Council Member Fitzpatrick was absent.) COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor advised that there is a vacancy on the Court Community Corrections Program, Regional Community Criminal Justice Board created by the resignation of the Honorable Julian H. Raney, Jr., ending June 30, 2008; whereupon, he called for nominations to fill the vacancy. The name of the Honorable Jacqueline F. Ward Talevi was placed in nomination. 300 There being no further nominations, Judge Ward Talevi was appointed as I a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board to fill the unexpired term of the Honorable Julian H. Raney, Jr., ending June 30, 2008, by the following vote. FOR JUDGE WARD TALEVI: Council Members Lea, Mason, Trinkle, Wi s h neff, an d Mayo r H arri S-mm-_m_mmnmm____mmmm___m__mmm__n_nmmm 5. (Council Member Fitzpatrick was absent.) SCHOOLS: The Mayor announced that there will be two upcoming vacancies on the Roanoke City School Board due to the expiration of the three- year terms of office of David B. Carson and V. Mignon Chubb-Hale ending June 30, 2008; and prior to the March 10 deadline, applications had been received in the City Clerk's Office by the following individuals: David B. Carson, Chris H. Craft, Dolores Y. Johns, Kathy D. Largen, Lori E. Vaught, and Michael D. Wray, and placed in nomination: Council Member Lea: Mr. Carson, Dr. Johns, and Ms. Vaughtnm---mmm3. Council Member Mason: Mr. Carson, Dr. Johns, and Ms. Vaughtm--m-m3. I Vice-Mayor Trinkle: Mr. Carson, Dr. Johns, and Ms. Vaughtm--mm-mmn3. Council Member Wishneff: Mr. Carson, Dr. Johns, and Ms. Vaught------m3. Mayor Harris: Mr. Carson, Dr. Johns, and Ms. Vaught--n-m-mm-n-mmm3. By public vote, Council accorded public interviews to Mr. Carson, Dr. Johns, and Ms. Vaught to be conducted on Thursday, May 1, commencing at 5:00 p.m., in the Council Chamber. The Mayor announced that a public hearing to receive views of citizens on the consideration of Mr. Carson, Dr. Johns and Ms. Vaught would be held on Monday, May 5 at 2:00 p.m., or as soon thereafter as the matter may be heard, and appointment of the two successful candidates as Trustees to the Roanoke City School Board would be announced at the 2:00 p.m., May 19 Council meeting. I I I I 301 COUNCIL: Inasmuch as Council Member Alfred T. Dowe, Jr., officially submitted his resignation as a member of the Roanoke City Council, effective Saturday, February 23, 2008, Mayor Harris pointed out that at the regular meeting of the Council held on Monday, March 5, the Council announced its intention to accept applications for the Interim Council Member position to fill the vacancy. He stated that 23 applications had been submitted to the City Clerk prior to the March 14 deadline; whereupon, he opened the floor for nominations of not more than four candidates to be granted the public interview for the Interim Council position: Council Member Lea: Earl B. Reynolds, Jr., Alvin L. Nash, Vivian Y. Sanchez-Jones and M. Granger Macfarlane. Council Member Mason: M. Rupert Cutler, Robert H. Logan, III, Vivian Y. Sanchez-Jones and Earl B. Reynolds, Jr. Vice-Mayor Trinkle: M. Rupert Cutler, Robert H. Logan, III, Alvin L. Nash and Vivian Y. Sanchez-Jones. Council Member Wishneff: Kirk A. Bullin, M. Granger Macfarlane, Earl B. Reynolds, Jr., and Vivian Y. Sanchez-Jones. Mayor Harris: Earl B. Reynolds, Jr., M. Rupert Cutler, Alvin L. Nash and Vivian Y. Sanchez-Jones. The Mayor advised that Dr. Cutler, Ms. Sanchez-Jones, Mr. Nash, and Mr. Reynolds would be granted the public interview which was scheduled to be held on Thursday, March 23 commencing at 4:30 p.m., in the Council Chamber, followed by a public hearing scheduled to be held at 7:00 p.m., in the Council Chamber to receive citizen comments regarding the four applicants. He also stated that selection of an Interim Council Member would be announced at the recessed Council meeting on Monday, March 31 at 9:00 a.m., in the Council Chamber. At 3:40 p.m., the Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. 302 PRESENT: Council Member Sherman P. Lea, Gwendolyn W. Mason, I David B. Trinkle, Brian J. Wishneff, Beverly T. Fitzpatrick Jr., and Mayor C. Nelson HaLrris------------------------------------------------------------------------------------------------------------E>. A BS E NT: Non e --------- n____________n__n___n________n__ n________n_________ -- ------------nnO. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PUBLIC HEARINGS: ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April E>, 1981, the City Clerk having advertised a public hearing for Monday, March 17,2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Colonial Green L. c., to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2,4E>E> acres, identified by Official Tax No. 1 570101, to remove the storm water drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the speCified land use from "Commercial/Residential" to "Commercial or Commercial/Residential", the matter was before the body. I Legal advertisement of the public hearing was published in the Roanoke Times on Friday, February 29, 2008, and Friday, March 7, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending that City Council approve the request, advising that the application to amend the Colonial Green Development Plan on the subject properties was found to be consistent with the City's Comprehensive Plan and the Franklin Road/Colonial Avenue Area Plan; and in order for said site to be developed to its maximum potential, adequate parking must be provided and a flexible mixture of uses permitted. (For full text, see report on file in the City Clerk's Office.) I I I I 303 Vice-Mayor Trinkle offered the following ordinance: (#38039-031708) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to remove the stormwater drainage area, to reduce the front setback along Colonial Avenue, to provide additional pedestrian and parking areas, and to change the specified land use from "Commercial/Residential" to "Commercial or Commercial/ Residential" as they pertain to Lot 1, Colonial Green Subdivision Phase 1, containing approximately 2.466 acres, identified by Official Tax NO.1 570101, located on Colonial Green Circle, S.W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 205.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38039-031708. The motion was seconded by Council Member Mason. The Mayor inquired if there were persons present who wished to speak in connection with the amendment. Mr. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and inquired about additional homes and landscape in the area; whereupon, Joyce L. Graham, Project Manager, Colonial Green Development Plan, responded that there would be no changes in the project. The City Manager added that the public hearing was being held in order to receive citizen comments regarding the amendment. There being no additional comments, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38039-031708 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s _____n_________________________________n____________n_____n_________n_______-----n----------6. NAYS: Non e n__________n____n_____________________nn_________n__n___n____n__________--- n---O. 304 PLANNING-GREENWAYS: Pursuant to instructions by the Council, the City I Clerk having advertised a public hearing for Monday, March 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard on a proposal of the City of Roanoke for an amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times on Friday, February 29, 2008, and Friday, March 7, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the 2007 Update to the Roanoke Valley Conceptual Greenway Plan as a component of Vision 2001-2020. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38040-031708) AN ORDINANCE approving the Roanoke Valley Conceptual Greenway Plan and amending Vision 2001-2020, the City's I Comprehensive Plan, to delete from it the current Roanoke Valley Conceptual Greenway Plan adopted by City Council on April 21, 1997, and to include the Roanoke Valley Conceptual Greenway Plan dated February 21, 2008; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 207.) Council Member Mason moved the adoption of Ordinance No. 38040- 031708. The motion was seconded by Council Member Lea. The Mayor inquired if there were persons present who wished to speak in connection with the matter; there being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38040-031708 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s _n___________________n____n_____nu__n_n_____n_______n_nn_________u__nnn____________ 6. NAYS: Non e __n____nu___n_n____n_n___n_________________n_________________n________---------0. I I I I 305- The Planning Commission submitted a written report recommending approval of the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization as a component of Vision 2001-2020. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38041-031708) AN ORDINANCE approving the Bikeway Plan for the Roanoke Valley Area Metropolitan Planning Organization dated August, 2005, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Plan; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 209.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38041-031708. The motion was seconded by Council Member Mason. James D. Ritchie, 1329 Johnsbury Court, N. E., appeared before the Council in support of the adoption of the Regional Bicycle Plan. (See copy of statement on file in the City Clerk's Office.) James Lee, 515 Darwin Road, S. W., appeared before the Council on behalf of the Roanoke Valley Greenway Commission, to express appreciation to the Council on its leadership role in the construction of greenways and noted his support of the adoption of the Roanoke Valley Conceptual Greenway Plan. Barbara N. Durek, 2607 Rosalind Avenue, S. W., appeared before the Council and commented on various articles that have appeared in magazines such as The Wa//street Journa~ Fortune Magazine, Bicycling Magazine, and Money Magazine regarding the widespread interest in bicycling for recreation, commuting to and from work, and socializing. She encouraged the City to continue to develop and promote bicycle accessibility in the City. There being no additional questions and/or comments by the Council Members, Ordinance No. 38041-031708 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Ma)for HaLrris--------------------------------------------------------------------------------------------------6. NAYS: Non e_n____n___nn____________n_n____n_n_______n______n_______nn______n--n-------O. 306 The City Manager submitted a written communication recommending I adoption of the Complete Streets Policy. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#338042-031708) A RESOLUTION approving a Complete Streets Policy for the City of Roanoke. (For full text of resolution, see Resolution Book No. 72, page 210.) Council Member Mason moved the adoption of Resolution No. 38042- 031708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ___n_nn________ ______________u_______n__ ____nn_____________nnn__________n____________n 6. NAYS: Non e ____n_n_n________n____n_________________nnnn_______________nn________ n-------O . The City Manager submitted a written communication recommending approval of a resolution supporting Roanoke's designation as a Bicycle Friendly Community. I (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#338043-031708) A RESOLUTION supporting and authorizing the City's application for a Bicycle Friendly Community award and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. (For full text of resolution, see Resolution Book No. 72, page 211.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38043-031708. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and MCl)for HClrris--------------------------------------------------------------------------------------------------6. NAYS: Non e ________________n____________n_______n___n_______nnn_n___ ___nn______n__ -----nO. I I I I 307 BUDGET-SOCIAL SERVICE-HUMAN SERVICES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal for additional funding for the Department of Social Services and Comprehensive Services Act, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, March 10, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending appropriation of funds for Social Services programs and the Comprehensive Services Act program. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38044-031708) AN ORDINANCE to appropriate funding from the Commonwealth billings to the Schools, salary lapse, contingency and Virginia Cooperative Extension to the Department of Social Services and Comprehensive Services Act, amending and reordaining certain sections of the 2007-2008 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 212.) Council Member Mason moved the adoption of Budget Ordinance No. 38044-031708. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Budget Ordinance No. 38044-031708 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ___n_____ nn-__n______n__________nn_____n____n_____n_____nn___n__n_n___________----- 6. NAYS: Non e n__ n--------n---------___n_________________n___________________nnu__nn__nnn-O . 308 CITY MARKET-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 17, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed lease agreement between the City of Roanoke and Gone CoCo, LLC, for the leasing of space in the City Market Building, was before the body. Legal advertisement of the public hearing was published in the Roanoke Times on Thursday, February 07, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a lease agreement with Gone CoCo, LLC, for approximately 742 square feet in the City Market Building located at 32 Market Square for a period of one year, effective April 1, 2008, and expiring March 31, 2009. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38045-031708) AN ORDINANCE authorizing the lease of 742 square feet of space located within City-owned property known as the City Market Building, for a term of one year beginning April 1, 2008, and extending through March 31, 2009; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 213.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38045-031708. The motion was seconded by Council Member Mason. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38045-031708 was adopted by the following vote: AYES: Council Members Lea, Mason, Trinkle, Wishneff, Fitzpatrick, and Mayo r H arri s ____n______n_uu_n__u__nn_________nn__nn______ ______n_______n________________ ____u__ 6. NAYS: Non e ____nn__n____u____________ n_____nnn________un__n____n_______nnn -----------0. I I I I I I 309 HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS: Mr. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about seizing the moment to use knowledge to create an opportunity. At 7:35 p.m., Mayor Harris declared the Council meeting in recess until Thursday, March 20, 2008, at 4:30 p.m., in the City Council Chamber, for the purpose of conducting public interviews for the appointment of an Interim Council Member to fill the unexpired term of Alfred T. Dowe, Jr., through June 30, 2010; and to receive citizen comments with regard to the applicants being considered for the appointment ~t 7:00 p.m. At 4:30 p.m., the recessed Council meeting was reconvened on Thursday, March 20, 2008, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris, presiding. PRESENT: Council Members Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff (arrived late), and Mayor C. Nelson Harris---m-----m-m-------m--4. ABSENT: Council Members Sherman P. Lea and Beverly T. Fitzpatrick, Jr.---------------------------------------------------------------------------------------------------------------- 2. OFFICERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development; and Stephanie M. Moon, City Clerk. The Mayor stated that the purpose of the meeting was to interview the four candidates for the Interim Council Member position and that each candidate would be interviewed separately. He noted that the interview would consist of an opening statement and the same four questions being asked of each candidate. Below is a summary of the public interview: DR. M. RUPERT CUTLER Dr. Cutler gave a prepared statement outlining his qualifications for appointment to the vacant seat on the Council. He stated that he has an undergraduate degree from the University of Michigan in Wildlife Management and a Ph.D. degree from Michigan State University in Resource Development with coursework in Natural Resources Economics, Environmental Law, Park and Recreation Resources, and Urban Planning. After completing the Ph.D. program, he became an Assistant Professor at Michigan State and taught environmental policy courses, and advised the Governor and others as a State Extension Service Specialist for five years. In addition, he taught a similar course at the University of Virginia in 1999. 310 He strongly supports the current City School Board and School I Superintendent, who are willing to work cooperatively with the rest of City government to combine administrative units for the most efficient use of the taxpayers' dollars. His work experience includes serving as Assistant Secretary of the U.S. Department of Agriculture for four years, supervising six federal agencies with a total of 80,000 employees and an aggregate annual budget of four billion dollars; Chief Executive Officer of four nonprofit organizations, two of them national groups based in Washington with multi-million-dollar budgets; as well as being a member of many nonprofit organization boards of directors. He recapitulated his record as a member of Council between 2002 and 2006, noting that he served as Council liaison to the Arts Commission, a participant in the Regional Library Study, and the main Council advocate of adding a public art plan to the City's Comprehensive Plan and creating a new staff position of public art coordinator; is a strong advocate of regionalism and served as one of the original members of the Western Virginia Water Authority Board of Directors; served as Chair of the Council's Audit Committee and represented Roanoke on the Roanoke Valley Alleghany Regional Commission and on various committees of the Virginia Municipal League and the National League of Cities. In conclusion, he stated that he would work for a more open Council decision-making process and for improvement of the quality of life of all the citizens of Roanoke. I (For full text, see copy of statement on file in the City Clerk's Office.) Describe a situation in which you were working on a board. the Council. or a group decision making setting where an issue became very heated and difficult. and what role did you play in the resolution of such an issue? The most obvious example is the controversy over whether or not to demolish Victory Stadium. Issue was studied in great detail as a person with a background in natural resources management and hydrology, and who knew the history of flooding in that area, and the difficulty of restoring a structure of that age and level of deterioration, but tried to approach the issue in a rational, scientific way rather than some sort of emotional way that related to people's long standing love for the structure and the notion that it was a war memorial, etc. I I I I 311 What are your thoughts. your definition of progress for the City of Roanoke. and maybe compare that to some of the decisions that the Council has made since you have been gone. and some of the decisions facing the Council in the near term? Currently resides in the downtown and walks Campbell Avenue and Jefferson Street, shops on the Market, and finds living downtown to be an outstanding opportunity; and not having to use his car daily is great considering the high cost of gas. The City is making great progress along Campbell Avenue, Salem Avenue and Market Street, things are booming on a property by property basis - - the State and City Building, Fulton Motor Lofts, the Candy Factory, antique shops, and above all the new Art Museum, are making downtown better every day. Called attention to the vacant and deteriorating buildings in the downtown between Jefferson Street and Elm Avenue, i.e.: Patrick Henry Hotel, Knights of Pythias, former Heironimus Department Store, and other vacant shops on Jefferson Street. Suggested that the City create a public/private partnership that could put the corridor on a quality par with the Art Museum as soon as possible so that the citizens would not be embarrassed when patrons visit the Art Museum or patronize the Market Building. Consider televising the first Monday morning informal briefing sessions, even if they are taped and rebroadcast at a later date. Needs to be a better decision making process by the Council that could involve the public. Called attention to the City's progress on public infrastructures, such as the new fire station, police station, parking deck, but emphasized that the City needed to spend public money on structures that the public can use in the future - - more libraries, an amphitheater, etc. Although Roanoke is making progress, the most important development in Roanoke is the Carilion Clinic. Looks forward to the time when the City has a frequent shuttle bus service on Jefferson Street from Roanoke Carilion Memorial Hospital to the City Market. 312 As you know. there is a limited amount of money that the City has now and over the next few years. what would you see as the top priorities for City spending in the next couple of years: would it change from what maybe you had when you were on the Council? I Believes the City is in fine shape financially. Pleased and proud that the City was building two new high school stadiums, but suggested giving attention to a few more seats in the stadium at William Fleming High School in order to attract regional and statewide athletic events. Would like to see the expansion and improvement to the library system continued. Thinks the Main Library downtown continues to be something of embarrassment. Investment needs to be made one way or another, whether it's by the City or a private developer, in the Market Building, and hopes that Center in the Square can succeed in its capital fund raising, and hopefully the Market Building. Need to perpetuate the icons, need to find a way to turn the Market Building inside out and get the seating on the outside so visitors know what's going on inside the building, while still protecting the vendors that work there. Need to promptly improve the stage and whatever backstage infrastructure and seating might be provided in Elmwood Park without hurting Elmwood Park. Thinks the small venue there needs some tender love and care, and does not want to see Elmwood Park harmed as Roanoke's little downtown central park. Can build a flood resistant, major amphitheater on Reserve Avenue as part of a major recreation and tourism attraction that could be built between Jefferson Street and Franklin Road, along Reserve Avenue and the Roanoke River, with the hope that the City could protect the river, fish and the wildlife, but would at the same time provide very attractive recreational facilities and be available by shuttle bus and public transportation. I What would you say is the City's greatest strength and what would you do to continue to build or capitalize on it. and then by the same token. what is our greatest weakness or greatest challenge. and what would you do to address it? The greatest strength is the potential involvement of the citizens in hopefully a united awareness of and support for the kind of progressive investments by the public and private sectors to make Roanoke reach its potential from the standpoint of its structures, educational opportunities, shopping and recreational facilities, the greenway system, park system, and the exciting downtown. The biggest challenge is that the average income for families is low, the average educational level per family is low, that means our property I I I I 313 tax base is relatively low, and the City has to obtain revenue from other sources. Most important environmental problem in the City of Roanoke is deteriorated housing and unsafe neighborhoods. There are all kinds of nifty neighborhoods, basically historic neighborhoods that are run down and unsafe. The brownfields programs removing the lead from homes are addressing it to some degree, and the CDBG program, is identifying particular neighborhoods, one at a time. Decentralization of the public housing into homes rather than ghettoize public housing is a good idea. Fixing up the deteriorated neighborhoods is a real challenge. In conclusion, Dr. Cutler stated that he would really like to be back with the Council because he knew that the next two years would be pretty exciting, there were some very important things to be decided, and there would be real opportunities to take advantage of, and he would point out that as a retiree, he could work practically full time as a Council Member, as he did when he was a Council Member, and would look forward to meeting often with neighborhood associations, with business groups, with other constituencies around the City to try to keep informed about what people's concerns were and be responsive to that; and didn't run for re-election in 2006 because of his wife's illness, but she is in much better health now and did not have to worry so much about being away from home, which is another factor that has encouraged him to get back into the game, and felt he could get back to Council and do the job without missing a beat. MS. VIVIAN Y. SANCHEZ-JONES Ms. Sanchez-Jones shared with the Council her desire to be appointed to the vacant seat on the Council, stating that education of the City's young people should be a priority, and she would work closely with the School Board to ensure that programs were in place to assist students in need, as well as getting more parents involved; and she felt it was imperative to provide equal investment in all City schools, so that the City of Roanoke could compete with the surrounding communities relative to the quality of education. She stated that the City of Roanoke's natural beauty is a key asset and one of its strongest selling points to those who wish to live and work in the City, and the City should enhance its green areas, and encourage careful, thoughtful development. In closing, she stated that Roanoke's population is changing and felt that the Council needed to change to better reflect that population, and appointment of a female of Latin heritage from northeast Roanoke City would go a long way in removing some of the distrust and stereotyping that exists regarding the Council. 314 (See statement on file in the City Clerk's Office.) What would be some of the priorities that yOU see going forward over the next I two years. and where would you invest the City's money first? First spend the money in the schools. Secondly, look at the technical vocational schools and reach those students that are aging out of the school system that still have not graduated, and offer them technical classes in order to prepare them for the work force. What your definition of progress for Roanoke is and how you may view that in terms of the Council over the last couple years. as well as the future and near term decisions that may be facing the City that could be progressive in your mind. Starting with education, have City schools and students be competitive in the market; the transportation issues, enlarging and attracting businesses from out of town, and becoming more proactive; enlarging the Regional Airport to meet those needs, getting retailers to relocate to Roanoke. For example, people with middle to high incomes shop in Greensboro or Charlottesville whereby the City has the facilities to establish specialty retail shops. I The time that you were working on a board. or in a group setting and conflict arose. how was conflict resolved. and what role did you specifically play in trying to get a team that might be going through some rough sledding to a compromise solution. Every board or every organization has its challenges, and if you view the board that you serve on as a team, and a team that listens to each others ideas and be open, and be clear regarding your ideas as well as how you explain yourself concerning your beliefs. Fortunately, has not served on boards that have had conflicts, but feel if a conflict arose, she would feel comfortable discussing the issue with each member. I I I I 315 What would you say is the City's greatest strength and what would you do to continue to build or capitalize on it. and then by the same token. what is our greatest weakness or greatest challenge. and what would you do to address it? One of the greatest strengths of the City is its people. The local government is a great strength because it trys to move the City forward. One of the weaknesses in the City is citizens that feel that their voices are not heard. In conclusion, Ms. Sanchez-Jones stated that she would do the best job possible for the citizens of Roanoke and would be honored to serve along side of each Council Member to make the Star City shine even brighter, and thanked the Council for the opportunity to interview before them. MR. ALVIN L. NASH Mr. Nash thanked the Council for the opportunity to interview for the two- year Council position. Prior to submitting his application, he decided three things. First, could he work with the City Council and be supportive of the decisions because there are many tough decisions that the Council.has to make that affect the lives of thousands of people, everything from education to environment. Secondly, could he work with the City Manager. He thinks the City has a good City Manager who he has not always agreed with, but he respects her and trusts her, which he thinks is important. Thirdly, because of the circumstances in which the Council finds themselves is very difficult, and he felt it was all the more reason for him to try to step up in my support under these difficult circumstances. His understanding of local government is relatively simple, it should be efficient in spending tax dollars, should keep the community informed and be accessible. It should provide public services such as education, sewer, water, safety and provide emergency protection plans, support the economic and cultural activities of the City and protect the environment, and it should represent its constituents by working with other localities, State and Federal governments. 316 There are four experiences or moments in time that have prepared him for this responsibility. For the past ten years, he has been the President and CEO of Blue Ridge Housing Development Corporation. The Corporation has helped over 225 first time home buyers, assisted in the redevelopment of some 14 communities, provided consumer education to over 2,000 residents, maintained its status as a Class A contractor, has built over 100 new homes in the City. From that standpoint, he has acquired business management problem solving because everything has a problem, and multi-tasking is something that he has always had to do. Serving as a Trustee and Member of the Roanoke City School Board for three and one-half years taught him that one should not develop a thick skin, but rather a high tolerance for the opinions of others, no matter how hurtful, incorrect or correct they might be. Trusting government is sometimes a fleeting moment, but he still believes that most of the people in Roanoke trust you and expect the best. He has developed from that experience a keen understanding of the public budget process, financial management, public administration and organizational development. He served as an Anger Management Counselor for Family Services from 1985 to 2002, wherein he learned to listen with patience and resolve problems. Finally, he worked with Total Action Against Poverty for 22 years. He served as Deputy Director, Housing Director, Director of Youth Services, and Co-Founder of the Southwest Virginia Community Food Bank, along with Ted Edlich, Executive Director of Total Action Against Poverty. He learned how government operates, which is not always a learning curve, but he has also understood research, information and program development. As a permanent resident of Roanoke, he is committed to the progress of this City. Serving on the Council will allow him an opportunity to contribute just a little bit to the quality of life in the Valley. There is a lot of work to be done inside of various communities and neighborhoods, which are good challenges. He has a positive attitude about life, he has never been overwhelmed by the size of any problem, he has a very simple core work value - - do what you have to do when it is time to do it, whether you like it or not. He has a great job and he is very busy, but when he wants something done, he doesn't ask someone who is available, he asks someone who is busy, because that is where you really get things done. He has always worked well as a team player. He excels in compromise and cooperation, while retaining his integrity and responsibility. He never forgets that! He calls it leadership, or at least a form of leadership. It is never too early to try, it is never too late to talk, and sometimes disputes on Council's agenda and in board rooms of corporations stay too long on the debating table and not enough time on the negotiating table. He thinks the worst service elected officials can provide the public is the failure to communicate among themselves. I I I I I I 317 He does not see this appointment as that of a caretaker, but rather a facilitator. He does not think his role is to try and undo what has been done, however, he will have the responsibility to work with the six members of Council and the City Manager in moving the City forward and in doing the business of Roanoke. He has given back to his community in many ways, noting that the best way to give back to the community is to serve. He feels confident that his experience and energy could serve the community and assist the Council over the next two years. What is your definition of progress for Roanoke and how you may view that in terms of the Council over the last couple years. as well as the future and near term decisions that may be facing the City that could be progressive in your mind. Thinks progress by definition of issues and things that the Council has been involved in, of course, education and the School system is a huge progress, there has been tremendous progress made with the development of the two high schools. He believes the challenges were the Stadium, amphitheater, Mill Mountain, and some other things, but thinks the tax structure is reasonable; there is never enough money for the budget, which is a fact of life. It seems as though the City has a balanced budget every year. All of the issues as far as progress is concerned are sometimes measured in how well the City is doing compared to other localities, and given the fact that the City's emergency teams have full certification, and the fact that the City has a balanced budget, he thinks there has been a lot of progress made, but there is a lot to do. There are some specifiC projects on the table that may be controversial, but he does not call that progress, it is what it is. He thinks progress has to do with doing the business of the City and moving on, and so far, it appears as though the Council has been able to do that. Thinks that on a scale from 1 to 10, maybe 8 to 8.5 would be progress. 318 Describe a situation where you were on a board or a council where conflict arose. and what specifically you did to resolve it to get to a meaningful resolution. I Has been involved in many conflicts. There was a serious conflict with Habitat for Humanity, they wanted to build 32 homes in one community, Blue Ridge Housing was of the opinion that it was too much. He negotiated the issue and resolved it with the community and Habitat successfully. He was involved in. a major conflict with Burrell Hospital as they wanted to combine services with Carilion, and there was a lot of community protests. He was hired by Carilion as a facilitator to negotiate a deal, whereby a signed agreement was executed between Blue Ridge Behavioral Health Care and Carilion. There was a tremendous problem with Pinkard Court when a Lowes store was built in Roanoke County, wherein the conflict was resolved successfully. And, of course, being on the School Board, there were many conflicts that had to do with the budget that had to do with the high schools. This whole issue of graduation rates, and how you get there, and the whole professional learning curve, the School Board had a lot of dispute. The Board did not always agree, obviously, and he thinks that he did a good job in facilitating some of those concerns and problems, and so everything that he has done has been really difficult by nature. I Working with TAP for many years, having very little money to do the things that needed to be done took a little ingenuity and planning. He does not like to learn to do without, he likes to figure out how to get it and pass that knowledge along and move forward. There have been many conflicts where he has had to stop doing assessment and weigh it, and he thinks he has been pretty successful. In terms of either capital or operating money. where would you see the priorities that we need to spend our money on over the next two years? Need to step up to the plate a little bit more on education. The funding formula should be a little better than it has been. The capital expense issues with regard to the City and School buildings, should be combined at some point. City owned buildings should be taken care of by the City. Neighborhoods are a major issue in terms of infrastructure, housing and the development of new home ownership. I I I I 319 What would you say is the City's greatest strength and what would you do to build upon that. and what do you consider to be our City's greatest weakness or challenge. and what would you do to address it? The greatest strength of this City is that it is balanced, maybe by accident, but it is balanced - - the weather is balanced, the economy is balanced, affordability of living is pretty good. There is a strong cultural environment that is very good; race relations are decent, the social aspect is important. The School system will be or is beginning to be a part of what makes people want to come to this valley and be successful. The economy, education, social climate, and the climate itself, makes the City strong. The weakness may be finding the City's greatest weakness; thinks money is a weakness because there are a lot of things that probably need to be done. Would like to see the Council contribute more from the General Fund to some of the nonprofit agencies. In conclusion, Mr. Nash stated that experience is the one thing that you cannot get for nothing. Experience will usually cost you time, money, a little pain...you learn some things, and he feels good about his experiences. He has learned a lot, he has made some mistakes, not bad mistakes, but fumbling around mistakes, and he does not know enough about City government or anything else to be a pessimist. Somebody once said that the pessimist complains about the wind, the optimist expects it to change, and the realist adjusts his sails. There are a lot of issues that he does not know how he would deal with them until he is faced with them. He will bring energy, integrity, commitment and honesty. If appointed to the Council, he would like to feel a strong relationship with everybody and get started on the right foot. MR. EARL B. REYNOLDS. IR. Mr. Reynolds drew a little analogy stating that he has always referred to the City of Roanoke as a "ship of state", called the "USS Star City", and it has carried its passengers to various ports of call since the late 1800's. There have been many officers on the vessel, and have navigated both calm and turbulent waters. The USS Star City brought its passengers through two World Wars, the Great Depression, and many global conflicts. His tour of duty began in 1978, he was in the navigation room when taxes were lowered, when the downtown and market districts were revitalized, and an economic program was established, schools were remodeled, public streets and bridges were repaired and rebuilt, the community beautification program was established, ordinances were passed to reduce visual clutter, neighborhood programs were launched to ensure the involvement of the ship's passengers in the governance process. 320 He was also in the navigation room when the flood of '85 devastated the I community, but the word that went throughout the ship was that the City would not abandon it, it would rebuild. He was also there when the grand old lady, The Hotel Roanoke, was closed, but he is pleased to say that he was also there when she was reopened to serve a greater community need. He has been on furlough for about 12.5 years, sailing on another ship, but he was delighted to come back and get back aboard the USS Star City. That is why he is here today. He believes that sailing on that ship for some 14.5 years, being a Roanoke native, growing up in the Gainsboro community, having always a firm and unquestionable interest in community affairs, gives him the opportunity to stand before the Council today. Describe a situation in which you were working in a group or team environment. and conflict arose. and what role you played in resolving it to get to a positive end result? Was extremely pleased to have been aboard the ship when the Architectural Review Board was established for the City. Old Southwest was its flagship, and at one time, it was the largest historic district in the Commonwealth. The City had a number of obvious advocates for the preservation district, and it also had a number of advocates that wanted to make sure that regulations were put into place, established, and that formal process was carried out in order to ensure the continued revitalization of the neighborhood. The idea came forth from the Council that the City should look into establishing an Architectural Review Board and City staff went to work on that. They spent many hours, many vigorous discussions were held, but staff was finally able to work out a process that most people agreed with, and the first Chairman of the Board was an architectural historian from Hollins College, Mr. Tony Whitwell, and he masterfully chaired the Board for many years and established a protocol, which most people still agree with. I I I I I 321 What is your definition of progress for Roanoke and how do you view that in terms of the Council over the last couple years. as well as some short term future issues that may meet your definition of progress for the City. It is a very difficult time for governments all over, trying to again navigate those waters of economic uncertainty. Of course, many community demands - - we used to say a lot of great ideas and no money - - so, with that as a prelude, as an introduction, the City of Roanoke has managed its resources and tried to develop a direction over the last number of years which has really positioned it as best it could in this whole global thing that it is dealing with. What is positioning? Well, there are no 100 percent solutions, there are no silver bullets, but if at the end of the day, you are still standing tall and providing leadership position in this state, then you have done tremendously well, and that is where Roanoke sits. In both terms of capital and operating expenditures. what would be some of the priorities that you see the City should be spending money on in the near term? All communities have to think in terms of what will catalyze the community. Does not believe that the government can solve 100 percent of the community's problems; there just isn't enough resources to do that. A critical issue in every community, and has to be, is an educated work force. So education has to be the top priority. When folks come into your community, it has to be safe and clean, there are other kinds of quality of life issues that have to be addressed if you don't do anything else. Of course, you want to be able to do more, but if you can't do anything else, you have to do those things. So, in terms of capital expenditures, as well as general fund expenditures, that kind of lays the ground work for your priorities. Then you try to figure out ways to do those other things that other communities are doing in order to be competitive in the world that we are in right now. 322 What do you consider to be the City's greatest strength and what would you do I to build upon that. and what do you consider to be our City's greatest weakness or challenge. and how would you work to address it? The greatest strength of the City is its geographical positioning in this part of the State. The City of Roanoke is uniquely positioned, obviously additional roads and thoroughfares that would help bring folks in and out are always a challenge. Roanoke has a resolve unlike any that has ever been seen, and again, the Flood of '85 proves it. All communities have been weakened by just the general economic condition of the country, but the City can't use that as a crutch, not to find ways to move progressively forward. The City has to be smarter about what it does, and it has to try different ways, adopt different strategies. Other communities are again wrestling with the same thing, so therefore, the City has to stay in that race and work harder at it. In closing, Mr. Reynolds stated that he was somewhat of a historian, he was deeply moved when he took his furlough. When he left the community, the Planning Commission gave him something that he had always cherished, and I that was the original manuscript from the 1926 City Plan, and that it is almost as if they are speaking to us today. He shared the following quote from the plan by a consultant from Massachusetts: "The problem that confronts the people of Roanoke in the solution of which you have asked my cooperation is no less than the remodeling of the existing city and the molding of the larger area around it [regional cooperation] so that both may better serve the present and future generations. The task is not an easy one, it involves an intimate knowledge of the evolution of the present City of Roanoke and as wise as possible a forecasting of its future, a firm hold upon fundamental principles of city making, an acquaintance with the experience and actual achievements of other cities and a capacity to discriminate, that is select from a number of possible courses of action which one is the best. Moreover, it demands imagination, courage and public spirit." He further stated that he was a very imaginative person who has an insatiable love for the City of Roanoke. Mayor Harris reiterated that the Council was interviewing four individuals for consideration of appointment as the Interim Council Member, and that the Council would be making the final decision on Monday, March 31 at 9:00 a.m., in the Council Chamber. I I I I 323 At 6:05 p.m., the Mayor declared the meeting in recess, to be reconvened at 7:00 p.m., in the City Council Chamber, to receive citizen comments regarding the applicants for consideration as the Interim Council Member to fill the unexpired term of Alfred T. Dowe, Jr., through June 30, 2010. At 7:00 p.m., the recessed meeting reconvened in the City Council Chamber, with Mayor Harris presiding. PRESENT: Council Member Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff (arrived late), and Mayor C. Nelson Harrism-----m--m--m-m-m-mmm--4. ABSENT: Council Members Sherman P. Lea and Beverly T. Fitzpatrick, Jr.-----------------------------------------------------------------------------------------------------------------2. OFFICERS PRESENT: James Grigsby, Assistant City Manager for Operations; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. The Mayor advised that the purpose of the meeting was to receive citizen comments with regard to the four applicants that had been afforded the public interview for the Interim Council Member appointment. The following individuals appeared before the Council: Barbara Smith, former Director of Refugee and Immigration Services in Roanoke, spoke in support of the appointment of Vivian Y. Sanchez-Jones. She stated that she has been a resident of the City for 20 years and has personally worked with Ms. Sanchez-Jones for the past five years, and felt that she would bring a lot of very good things to the Council and community. She listed several attributes that she felt Ms. Sanchez-Jones possessed. In addition, she felt that Ms. Sanchez-Jones' diversity and expertise in conflict resolution would be a significant benefit to the City Council, and she requested that the Council give her serious consideration for the appointment. 324 Thomas Jones, 2610 Belle Avenue, Roanoke, spoke in support of Vivian Y. I Sanchez-Jones. He stated that he has known Ms. Sanchez-Jones for 28 years, 26 years of which they have been married. As her husband, he felt he could present certain aspects about her that may not be known. He too listed several attributes that he felt she possessed. He stated that they have lived in Roanoke for five years, loved the community and its people, and his wife has been deeply involved with the EventZone, the Mayor's Multicultural Council, the first Latino festival, the Blue Ridge Council for the Boy Scouts, etc. Furthermore, she is very dedicated to the community that she lives in, her background, culture and ability to speak two languages and would be able to assert herself into various communities with ease. He felt that the atmosphere of change being witnessed around the nation is also occurring in the City and thought that her acceptance in the community and diverse background would greatly benefit the Council. Evelyn Bethel, 35 Patton Avenue, Roanoke, spoke in support of all four candidates. She requested that the individual remember that their basic responsibility and obligation is not to elected or appointed individuals, rather to serve each citizen fairly and respectfully regardless of their economic status, sector of City residence, race or other societal divisive characteristics. Denise Huffman, 5459 Lakedale Road, Roanoke County, spoke in support of Vivian Y. Sanchez-Jones, not as a citizen of the City, but rather as a friend and someone who has worked to advance Roanoke. She stated that they helped to bring in the Mexican and Honduran Councils to register people, and have run clinics, health fairs, and different things to serve the Hispanic community. She stated that Ms. Sanchez-Jones goes beyond the norm in helping people, is a very dedicated person, always finding the time to do even more, would bring so many dimensions to the Council, would serve the City of Roanoke as she serves the community and urged the Council to give her due consideration for the appointment. Craig Balzer, 6329 Spring Run Drive, Roanoke County, spoke in support of Alvin L. Nash. He stated that he has known Mr. Nash since he first joined the Board of Directors for the Blue Ridge Housing and Development Corporation approximately 16 years ago, which was during the transition of some of the residents of the Pinkard Court Neighborhood. He stated that his exposure as a City businessman with Mr. Nash points out his ability to facilitate and mediate very difficult situations, and as a School Board Member, Mr. Nash did not dodge the ball or hesitate to get in the middle of things. During his tenure as the Chairman of the Board of Directors, and while assisting other neighborhood organizations and non profits that were in the same line of work dealing with affordable housing issues, and had the opportunity to observe Mr. Nash's effectiveness, professionalism and accomplishments, all of which made his job I I I I I 325 much easier. He stated that during several very difficult situations, Mr. Nash never felt the need to bailout, and thought his long-term exposure to those types of issues, along with his School Board service and passion for serving, help to make him a good candidate, and urged the Council to give him an opportunity to do some additional things for the City. Gillian Corral, 1202 17th Street, Roanoke, S. W., spoke in support of Alvin L. Nash. She stated that she has worked for Mr. Nash approximately seven years, and felt he was a wonderful boss, a man of integrity, a visionary leader, a listener, an inspiration to his staff. She added that he accepts nothing less than excellence from his staff, but is forgiving when they come to him with problems and mistakes and helps to work them out. She stated that one thing that really stands out about him is that he taught her how to treat a full spectrum of clients, and felt that he would make a wonderful member of the Council, and she would be very happy to have someone like him represent her and her ideas. Charles Nash, 204 9th Street, S. W., spoke in support of Alvin L. Nash, his brother, on a personal level. He stated that his brother is a fine young man, a no nonsense kind of guy, who has stood behind all his siblings throughout the years after the death of their father, and felt that the City would do well to give him an opportunity to serve on the Council. Diana Christppulos, 907 Greenbrier Court, Salem, Virginia, spoke in support of M. Rupert Cutler. She stated that she knows Dr. Cutler through his service on the Board of Directors of the Roanoke Valley Cities Coalition, which is working on global warming and clean energy issues. She knows him to be unselfish with his time and information, and a great asset to the Coalition, and did not think that the City of Roanoke could afford to hire someone with the skills, knowledge and expertise that Dr. Cutler could bring to the City. She reviewed a list of accomplishments of Dr. Cutler, and noted that he had previously been elected by the citizens to serve on the Council, citizens have confidence in him - - he understands the City and the issues. In closing, she stated that Dr. Cutler has made a personal commitment to the City in the continued revival of the downtown area, which may be the secret to the future of the City of Roanoke, and urged the Council to select Dr. Cutler. 326 The Reverend Kathy O'Keefe, 1801 Mercer Avenue, N. W., spoke in support of Earl B. Reynolds, Jr. She stated that she has known Mr. Reynolds for approximately twenty years, both in the community and through serving on various boards, and that he had always impressed her with his deep concern for neighborhood life as well as overall community building. His knowledge is extensive in the issues that the Council addresses on a regular basis, and she feels that his insight and personality have made him an excellent listener and an extremely good mediator, and has a heart for the common good of the entire community. She found him to be dedicated and tireless in his effort to build bridges - - both between business entities and between business and community entities. She highly recommended him as a valuable asset to the Council and urged the Council to seriously consider him. The Reverend William L. Lee, 3149 Appleton Avenue, N. W., stated that he appreciated all the candidates, but spoke in support of Earl B. Reynolds, Jr. He stated that Mr. Reynolds is one of the few people that the Council has to consider that has seen this City in some rather interesting view points: at pavement level walking behind the garbage trucks in the City as a sanitation worker; as a City Planner and then as Chief City Planner. Mr. Reynolds was the architect when the Neighborhood Partnership was formed, and was instrumental in keeping his church from leaving the neighborhood because he felt they could make a difference in the problems of the neighborhood blight. He has also served as the City Manager of Martinsville, which afforded him another kind of view. In closing, he stated that he felt Mr. Reynolds could sit on the Council and do a great work, and would work side by side as a comrade doing the best for the City, and urged the Council to consider appointment of Mr. Reynolds. Brenda Hale, 3651 Martinell Avenue, spoke in support of Earl B. Reynolds, Jr. She stated that the Council knew his qualifications and reputation, all the things that he has done throughout his adult life in Southwest Virginia, and asked that the Council give him an opportunity to be that pebble that they throw in the City, and let all his characteristics ripple out in the multifaceted things that are done in the City, because they will not only ripple out in the City, they will ripple throughout the Southwest, the State of Virginia, and maybe the whole nation. I I I I I I 327 There being no other persons wishing to address the Council, the Mayor expressed appreciation to the four candidates who were chosen to continue through the appointment process. He announced that the public interview and public hearing that was televised by RVTV would be replayed on Saturday, March 22 at 8:00 p.m., and Monday, March 24 at 4:00 p.m., with closed captioning for the hearing impaired. He encouraged those citizens who were unable to attend the public hearing to send letters or e-mails to the Council offering their thoughts or opinions regarding the candidates. At 7:30 p.m., the Mayor declared the meeting in recess to be reconvened on Monday, March 31 at 9:00 a.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, at which time the Council will hold an election to appoint an Interim Council Member to fill the unexpired term of Alfred T. Dowe, Jr., through June 30, 2010. At 9:00 a.m., the recessed meeting reconvened in the City Council Chamber, with Mayor Harris presiding. PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, David B. Trinkle, Brian J. Wishneff, and Mayor C. Nelson Harris-mmmm--m-m--5. ABSENT: Council Member Beverly T. Fitzpatrick, Jr.m-nm-m-mm___mnm 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. COUNCIL: The Mayor advised that the only item of business before the Council was the selection of an Interim Council Member to fill the unexpired term of former Council Member Alfred T. Dowe, Jr., through June 30, 2010. He pointed out that the following candidates were selected for public interview, which was held on Thursday, March 20: M. Rupert Cutler, Vivian Y. Sanchez-Jones, Alvin L. Nash, and Earl B. Reynolds, Jr. 328 The Mayor stated that the City Attorney has advised that the City Charter I provides that the appointment of an Interim Council Member needed to be made by a majority vote of the Members of the Council that are eligible to vote. He noted for the record that six Council Members were eligible to vote; therefore, four votes would be a majority vote. He explained that if no one candidate receives four affirmative votes in the first roll call, additional ballots would be taken until such time as one candidate having four affirmative votes; and at that point, the Council would formally adopt a resolution appointing said individual as the Interim Council Member. The names of M. Rupert Cutler, Vivian Y. Sanchez-Jones, Alvin L. Nash, and Earl B. Reynolds, Jr., were placed into nomination and the roll call vote was recorded accordingly. Council Member Lea placed in nomination the name of Alvin L. Nash. Council Member Mason placed in nomination the name of Alvin L. Nash. Vice-Mayor Trinkle placed in nomination the name of Alvin L. Nash. Council Member Wishneff placed in nomination the name of Alvin L. Nash. Mayor Harris placed in the nomination name of Alvin L. Nash. I There being no further nominations, Mr. Nash was appointed as the Interim Council Member to fill the unexpired term of Alfred T. Dowe, Jr., through June 30,2010. Vice Mayor Trinkle offered the following resolution: (#38046-033108) A RESOLUTION appointing Alvin L. Nash as a member of the City Council for a term commencing upon his qualification and expiring June 30, 2010. (For full text of Resolution, see Resolution Book No. 72, page 21 5.) Vice Mayor Trinkle moved the adoption of Resolution No. 38046-033108. The motion was seconded by Council Member Lea and adopted by the following vote: I 329 I AYES: Council Members Lea, Mason, Tinkle, Wishneff, and Mayor HaLrris------------------------------------------------------------------------------------------------------------5. NAYS: NON E _n____________n________n_n_______n_____n__________n_________n__---------------nO. (Council Member Fitzpatrick was absent.) Mayor Harris congratulated Mr. Nash upon his appointment as Interim Council Member; and he expressed appreciation to Dr. Cutler, Mr. Reynolds and Ms. Sanchez-Jones for their consideration of the appointment. There being no further business, the Mayor declared the meeting adjourned at 9: 10 a.m. APPROVED ATTEST: ~rn.~ I Stephanie M. Moon, CMC City Clerk c, I 330 ROANOKE CITY COUNCIL-REGULAR SESSION I April 7, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, April 7, 2008, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris, 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.37817-070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Members Gwendolyn W. Mason, Alvin L. Nash, David B. Trinkle, Brian J. Wish neff, Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea and Mayor C. Nelson Harrismmmmunm--------------m-------7. A BS ENT: Non e _n_________________________u___nn______________nn_______n___________O. I OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer, Assistant City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of Mayor Harris to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Lea and adopted by the following vote: I 331 I AYES: Council Members Mason, Nash, Trinkle, Wishneff, Lea and Mayo r H arri s ------ __n__nn_______nnn_n__n_____n____n__________n_____n________________n__ 6. NAYS: Non e --_______________________n____________________________n___nn_n___n___----0. (Council Member Fitzpatrick was not present when the vote was recorded.) CITY COUNCIL: A communication from Council Member Gwen W. Mason, Vice-Chairman, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter and the al'Jnual performance of the Council-Appointed officers, pursuant to section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I Vice-Mayor Trinkle moved that Council concur in the request of Council Member Mason to convene in a Closed Meeting as abovedescribed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Lea and Mayo r H arri s ------ ______n____________________________________________________n______-------------- 6. NAYS: Non e __________________n____________n___n_________n_____________________--------0. (Council Member Fitzpatrick was not present when the vote was recorded.) CITY MANAGER-CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position of negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I 332 Council Member Mason moved that Council concur in the request I of the City Manager to convene in a Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Lea and Mayo r H arri s ____________________n_n____________________________________n_________________n______ 6. NAYS: Non e ______n________________________________________n_n____n___________n__-----0. (Council Member Fitzpatrick was not present when the vote was recorded.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD ON MONDAY, MAY 5, 2008, AT 9:00 A.M., IN THE EOC CONFERENCE ROOM, ROOM 1 59, NOEL C. TAYLOR MUNICIPAL BUILDING. The Mayor suggested that agenda items be forwarded to the City Manager or City Clerk. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. I TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Center in the Sauare Mr. George B. Cartledge, Jr., Board Chair, remarked that as a community volunteer, he was appearing before the Council on behalf of Center in the Square's Board and its affiliated organizations; and expressed appreciation and thankfulness for the long-standing support of the City of Roanoke. He added that it was the 25th Anniversary of Center in the Square and the Center was "an outstanding public/private partnership." He stated that the following individuals would be addressing the Council: Dr. Jim Sears, President and General Manager, would summarize the Center's impact and outline future plans; David Bandy of Spectrum Design would present conceptual images and computer generated renderings of proposed improvements to Center in the Square; Nancy McCrickard, Executive Director of the Science Museum, would summarize the reinvention of the Science Museum that will take place as a component of the project; Sereina Paynter, Board President for I 333 I the Harrison Museum, would reflect on the Harrison Museum's move into Center in the Square, which is also a component of the project; and John Harlow, the fundraising consultant for the Center in the Square project, would offer his thoughts about the importance of the City's financial support on the future fundraising efforts. Impact: Dr. Jim Sears, President and General Manager, Center in the Square, advised that by undertaking the renovation, the impact will be measurable. He highlighted the following points: I · We will create state-of-the-art facilities so our museums can offer high quality exhibits, preserve collections, and expand into offerings that are currently impossible. · We will enhance the cherished atmosphere of the historic Farmer's Market through fa~ade improvements which will reflect Center's original 1917 architecture. · The Harrison Museum of African American Culture will have a new home in the midst of Roanoke's fastest growing area-the downtown. · It will be a seamless walk from the historic Market Square into the Center with the new space providing a sense of arrival for learning, entertainment, fun, and family activity. He further advised that the renovation comes at exactly the correct time, the museums are demanding it, the theater must have it, and there is not a better time for Harrison Museum to grow and expand. He noted that every mechanical, electrical, and plumbing system in the building is on the verge of failing after 25 years of use by over 9 million people. Dr. Sears stated that the Center has a dream that every child in Roanoke and Western Virginia have a complete education so that they can compete on a state, national, and global level, the dream could not be fulfilled without exceptional facilities for a variety of museums and performing arts. I 334 David Bandy, Spectrum Design, advised that the building would be refurbished and made more historical in order to receive tax credits. He added that 16 windows, along the front of the building, would be reinstalled and the lobby expanded. He indicated that the Roanoke Weiner Stand and the Little Dipper restaurants would be relocated and both establishments were pleased with the arrangement; the Harrison Museum of African American Culture would be added to the second floor and patrons would be able to walk below the building and dine; a ticket booth and ATM machine would be added outside of the Mill Mountain Theater, and the receptionist desk would be relocated to the front of the building to allow for better interaction with the public. He pointed out that interactive screens and floor mats would be added to the lobby to engage young people; and a roof top garden, dining area, and butterfly insect pavilion would be added to the top of the 5th floor. I Plans: Reinvention: I Nancy McCrickard, Executive Director, Southwestern Virginia Science Museum, advised that in November 2006, the Science Museum launched its plan to radically change and enhance. how the Museum serves the community. She explained that the Museum plans to reinvent the exhibit galleries, connect spaces, classes, and programs; and citizens will be encouraged to ask questions and engage fully in learning. She further advised that science changes more than any other subject and citizens need to be prepared for jobs that do not yet exist and consumer products that have not been invented; the Museum teaches the basic building blocks of science so that visitors are better equipped to understand rapidly changing technologies and have the job skills to attract new businesses. I 335 I Ms. McCrickard summed up learning with an ancient proverb, "I hear and I forget, I see and I remember, I do and I understand"; and she commented that the Center in the Square is a vital force downtown, but the Museum wanted to be an even greater economic driver in the downtown area. She invited the Council to join her in reinventing the Science Museum of Western Virginia, so that visitors could do more and understand the science that would change their lives. Expansion: Sereina Paynter, Board President, Harrison Museum of African American Culture, advised that the Harrison Museum is currently planning and preparing for its move to the Center in the Square and becoming one of the Center's beneficiary organizations. She added that the move would enable the Museum to expand its audience, its permanent collection, bring in more exhibits, and continue to strongly promote, showcase and celebrate the art and history of African Americans. I She pointed out that the Harrison Museum was started from scratch in 1985 as a project initiated by the Northwest Neighborhood Improvement Council, Inc., the City of Roanoke, and Total Action Against Poverty, Inc.; and the Museum's role in Roanoke and the surrounding area is very important as it is the only organization that extensively concentrates on the history of the African American experience in the Roanoke Valley. Ms. Paynter advised that the recognition of the Harrison Musuem's ancestry and history is vital to children who simply have no experience of what the world was like prior to 1960 when the local schools were integrated, wherein the Museum tells the story of the past; and the Museum is now in its 23rd year and looks forward to becoming a part of the Center in the Square. She thanked the City of Roanoke for its continuing support. I 336 Fundraising: I John Harlow, Managing Principal of the American Consulting Trust for Philanthropy, advised that the Center in the Square was created to be the seat of artistry and culture with the desire of inspiring a new beginning and awakening of a new vibrancy in downtown Roanoke. He added that the funds being requested from the City of Roanoke was roughly $.15 on the dollar of the total project costs. The remaining 85 percent of the funds would be raised in philanthropic support through federal and state tax credits, with a return of over 500 percent on the taxpayers dollars. He noted that by funding the project, the City would not only add to the success and financial feasibility, it would firmly establish said pivotal action the community is looking for and would also make the big picture a reality. He indicated that the total cost of the proposed project totaled $27 million and the City was being asked to fund approximately $4 million over multi-years. Inasmuch as Council Member Wishneff has a personal interest in the proposed project, he read the following into the record; and thereafter, removed himself from participating in any discussion regarding the matter. I Comments: "STATEMENT OF CONFLICT OF INTEREST I, Brian Wish neff, state that I have a personal interest in agenda item 1 regarding the Center in the Square because of a business interest. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting." (See Statement of Conflict of Interest on file in the City Clerk's Office.) Following comments by the Council, the Mayor advised that the request for funding would be referred to budget study for consideration. I 337 I YMCA EXPANSION: Cal Johnson, Executive Director, YMCA Roanoke Valley, shared a presentation of a transformation of the YMCA. He also introduced Bill Kirk, Chair, Capital Campaign, and The Reverend William L. Lee for additional remarks. Mr. Kirk advised that the partnership of the City of Roanoke and the YMCA is great and the YMCA hopes the City will invest in its continued success, and this is not a request to keep the YMCA operational. He indicated that the YMCA is efficiently ran and is one of the largest employers in the City of Roanoke, serving one out of every nine citizens of Roanoke. I Reverend Lee advised that he had the pleasure of acting as a tour guide while entertaining Jim Caldwell, Assistant Head Coach of the Indianapolis Colts. While touring the City, Mr. Caldwell called attention to the Orange Avenue Family Center YMCA, noting that it appeared to be uninviting. Reverend Lee further advised that the early morning traffic leading into Orange Avenue west is very heavy and he wondered about the perception of travelers as they entered the Historic Gainsboro district, which is a beautiful place. In closing, he hoped that the renovations would improve the facility, making it inviting as well as attractive at the intersection of Orange Avenue and Gainsboro Road. Mr. Johnson highlighted the following information regarding the YMCA, via powerpoint: City of Roanoke YMCA Members · 7,987 Members · 1,428 Members receiving financial aid · $366,322.00 in financial aid provided · 3,492 non-member program participants Breakdown of Members by Area I · Southwest . Northwest . Northeast · Downtown . Southeast 3,653 1,798 1,243 863 430 338 . Northwest . Southwest . Northeast . Downtown . Southeast Total $124,152.00 $ 79,092.00 $ 67,224.00 $ 55,584.00 $ 40,270.00 $366,322.00 I Breakdown of Financial Aid Provided Financial Aid to City Residents for YMCA Programs . Family Center YMCA $203,037.00 o Programs include youth sports, Youth Achievers after school program, summer day camp . Kirk Family YMCA $60,013.00 o Programs include swim lessons, swim team, gymnastics, dance, teen activities . YMCAMagicPlace $160,351.00 o Before and after school age childcare provided at 1 5 Roanoke City elementary schools serving 417 children every school day Total $423,401.00 I Total Financial Aid Provided . Prog ram s . Membership Total $423,401.00 $366.322.00 $ 789.72 3 .00 Mr. Johnson advised that other than hospitals, the YMCA serves the most diverse people daily. He indicated that the total cost for the projects are approximately $2.5 million, adding that the Family Center expansion will include a green roof, an additional 10,000 square feet of space, with an anticipated completion date in July. He further advised that a teen program would be added to provide a social gathering place for 8 - 11 year olds to hang out with supervision; and the YMCA hopes to have the Kirk Avenue Center under construction by the end of the summer. I 339 I In closing, Mr. Johnson pointed out that over 1,000 people enter the YMCA on a daily basis and citizens of Roanoke are offered half off the membership fee if they should join the YMCA. He requested assisted from the City to help to continue the progress of the Grow the YMCA Campaign that started a few years ago by contributing $200,000.00, per year, over the next three years. Comments: Council Member Lea commended Mr. Johnson for his leadership and stated that he, as a member, enjoys the atmosphere the Kirk Family YMCA provides. Council Member Fitzpatrick commented that the YMCA is one of the great success stories of the Roanoke Valley and he was in support of the partnership continuing. Vice-Mayor Trinkle inquired about the total cost of the two projects; whereupon, Mr. Johnson advised that the total cost was $2.5 million. I Following comments from the Council, Mayor Harris advised the abovementioned proposal would be referred to budget study for consideration. TROLLEY UPDATE: With the upcoming implementation of the trolley in early August, the City Manager felt that an update was necessary in order to present the proposed color scheme and name for the vehicle. She distributed copies of the "The Star Line" trolley and proposed route. (See drawings on file in the City Clerk's Office.) Mr. David Morgan, General Manager, Valley Metro, advised that "The Star Line" would be offered to the public at no charge, running on 10-minute intervals and the route would extend from the Market area to Carilion Roanoke Memorial Hospital. I The City Manager further advised that the trolley will not have traditional seating, however there will be a rear door; and Mr. Morgan interjected that the seating would be wooden slats around the perimeter of the trolley, which could promote conversation amongst the passengers. He added that a monitor would be installed inside the trolley to run commercials of downtown and area activities continuously. 340 Comments: I Council Member Mason inquired as to whether or not the trolley would be handicapped accessible; whereupon, Mr. Morgan replied in the affirmative. Vice-Mayor Trinkle inquired as to the maximum occupancy; whereupon, Mr. Morgan responded that it would allow for 25 to 28 people seated and standing. Council Member Fitzpatrick asked that consideration be given to displaying the Roanoke Railway and Electric logo on the side of the trolley. Council Member Lea inquired if there were plans to extend the route; whereupon, the City Manager responded that the original goal is to keep Reserve Avenue connected to the downtown area as well as to 10 minutes or less. She pointed out that requests have been received asking that the route be extended, however, the City would prefer to test the current route first before implementing changes. The City Manager mentioned that although there will be no charge I to ride the trolley, she is of the opinion that other parties who will benefit from the service should assist with the operational costs of the trolley system, adding that Downtown Roanoke, Inc., had agreed to help bear some of the anticipated costs. Council Member Wishneff inquired about the number of vehicles to be purchased; whereupon, Mr. Morgan responded approximately four vehicles, three operational and one spare. Council Member Wishneff inquired if the trolleys could be rented out on the weekend; whereupon, Mr. Morgan replied that Greater Roanoke Transit Company was changing their charter and regulations for special services and that was something that could be explored in the future. Council Member Nash inquired about the funding for the project; whereupon, Mr. Morgan replied that the procurement was 80 percent federal funds, two percent state funds, and the remainder was City funds. Council Member Nash inquired about the time frame of purchase; whereupon, Mr. Morgan noted that the vehicle should be acquired by late I August or early September. 341 I Council Member Wishneff inquired if the trolleys would have bicycle racks; whereupon, Mr. Morgan said that the plans did not include bike racks due to the distance of the route. Council Member Mason inquired about the colors, noting that they were not City logo colors; whereupon, the City Manager explained that GRTC's colors were similar to the City's colors, however, staff was of the opinion that the vehicle needed to have a distinctive look to be successful. Vice-Mayor Trinkle inquired as to expansion of the trolley services; whereupon, the City Manager advised that there is a cost associated with expansion and more funds would be needed to operate. In closing, Mr. Morgan called attention to the photo of the newly designed bus shelter located in front of the Human Services Building on Williamson Road, which was distributed to the Council. PROPOSED ADVERTISING POLICY: I The City Manager advised that while studying publications of other communities, the possibility of advertising in City publications was suggested by staff. She added that advertisements could also be placed on fences at Parks and Recreation events, as well as the arms on the parking garages. She noted that the presentation was to receive feedback from the Council regarding implementation of an advertising policy. She pointed out that due to budget cuts over the past several years, staff has decreased the frequency of some City publications, however, positive feedback has been received regarding the value of the publications. Discussion: Council Member Nash inquired about the financial impact on the City; whereupon, the City Manager replied that said information is not available, only what other localities were allowing in their publications. I Council Member Mason suggested the use of the City's web page; whereupon, the City Manager responded that the web page is not defined as a publication tool and she would prefer to start with a written advertisement policy and if future discussion regarding other ideas of advertising was desired, a presentation could be provided at a later date. 342 Council Member Mason inquired about the cost and number of publications being offered by the City; whereupon, the City Manager I replied that the City offers the City Magazine, an annual report, internal publications, the City calendar, and with regard to cost, she would forward the information to the Council. Mayor Harris concurred with several members of Council in support of an advertisement policy. He pointed. out that approximately $4.6 million was requested from Center in the Square and YMCA, noting that advertising could increase revenue by becoming a revenue source. Following discussion, Mayor Harris advised that it was the consensus of the Council to allow the City Manager to move forward with the advertisement policy and follow up with additional information at a later date. WASENA PARK ACCESSIBILITY: The City Manager advised that the presentation regarding Wasena Park Accessibility was a follow up to questions asked about the shelter accessibility in connection with the Roanoke River Flood Reduction Project. In response to the questions asked at the public hearing, Jay Witt, I Civil Engineer II, advised that access to the southern shelter has not been altered by the project and the distance from the northern shelter to the parking lot is approximately 200 yards. He referenced the following two options to increase access to the northern shelter: Scenario C . Two-way drive, approximately 18 feet wide connecting to a parking area 50 yards from the existing shelter. . Allowing patrons to drive in and park their vehicles, drop off supplies, and walk to existing shelter. . Estimated cost would be approximately $140,000.00. . Informal parking along the sides of the road is to be expected In the summer months. I 343 I Scenario B · Approximately nine-foot drive lane, smaller than scenario C. · Cul-de-sac located at the end to drop off picnic supplies, 50 yards from the existing shelter. · Estimated cost approximately $40,000.00. Discussion: Council Member Mason inquired about handicap accessibility to the shelter; whereupon, Mr. Witt explained that there were handicap parking spaces and the drive to the shelter was paved for accessibility. Council Member Fitzpatrick inquired about the construction of a wooden shelter versus a stone building; whereupon, Mr. Whitt suggested that the City allow patrons to use the park before making a decision to construct an additional shelter. Mayor Harris recommended that the City monitor the situation for about two years. I Council Member Nash also suggested that the traffic at the shelter be actively monitored. The City Manager advised that staff would document usage and report findings to Council within six to eight months. RESIDENTIAL PARKING POLICY: The City Manager advised that due to the significant increase in residents in the downtown area, she was of the opinion that it is important to review the policy and identify the impact on availability of City garages and possibly revise the policy; and feedback from Council is needed so that any proposed changes may be brought back to the Council for adoption at its April 21st meeting. I Debbie Moses, Hotel Roanoke Conference Center, Director of Operating Expenses, advised that the proposed program will allow only one unreserved parking permit, at no charge, for an occupant within the service area, subject to availability; and qualified residents could purchase an additional parking permit at 50 percent of the posted rate. She further advised that the program would continue offering unreserved permits with the exception of the dwellings physically connected to the parking structure, such as the Jefferson and Campbell dwelling, whereby 344 those residents will be offered a reserved space and can purchase an additional parking space at 50 percent of the posted rate. She indicated I that the residents currently receive two spaces, and new residents entering the program will be asked to pay a $25.00 processing fee; and a $10.00 charge for a key card will remain, as well as shortening the program term to two years beginning April 1, 2008 through March 31, 2010. The City Manager interjected that other spaces are rented to patrons on a 1 2-hour basis as opposed to the residents who are allowed 24-hour parking. Vice-Mayor Trinkle inquired if the Downtown Roanoke, Inc. Residence Committee had been informed about the proposed changes; whereupon, the City Manager explained that the Executive Director was invited to the informal session. REVENUE UPDATE FY 2008-2009: The City Manager advised that on April 12, staff will present the City's budget for fiscal year 2009, emphasizing that this budget has been the most complicated she has had to work with, which will. include various changes that will affect citizens and government. She further advised that changes in the State budget may cause the City's budget to be reconfigured before April 12th adoption. I The Director of Finance highlighted the following information: Financial Performance Overview FY 2008 Revenue . Overall revenue (through February) increased 6.3 percent compared to FY 2007 . General property taxes increase 6 percent . Other local taxes increase 5 percent in the aggregate o Business License Tax was due March 1, revenue below the current year estimate, but approximately 1.4 percent higher than FY 2008 o Sales tax down3.8 percent o Transient Occupancy tax up 5.2 percent o Prepared food tax up 4.1 percent o Cigarette tax up 39.1 percent I 345 I · Permits, Fees, and Licenses increased 46.1 percent o Due to increase in building inspection permit fees · Intergovernmental (Grants in Aid Commonwealth) up 11.5 percent o Due to increase in Social Service expenditures, primarily foster care, which are reimbursable. o State budget reductions will have an impact of $362,000.00 o Additional state reductions anticipated in FY 2009 Mr. Hall pointed out that the current budget is approximately $253 million, wherein 3/4 is from local taxes and 1/4 is from State revenues. The Director of Management and Budget advised that a number of strategies have been put in place to ensure that the City stays within its budget. He highlighted the following information: I Expense Containment Strategies · Reserving position turnover savings and contingency funds to address identified expenditure issues · Frozen expenditures in the following categories (Departments that report to the City Manager): o Training and development o Business meals o Expendable equipment · Frozen the filling of positions (Departments that report to the City Manager) unless designated authorization given o Public Safety positions excluded · Deferring on selected capital maintenance expenses · Primarily in Fleet Replacement and Technology Capital Projects · Reallocating funding within department budgets to address expenditure issues · Some of the aforementioned strategies carry forward to FY 2009 to facilitate budget balancing Council Member Nash inquired about the makeup of the cigarette tax; whereupon, the Director of Finance explained that there are local, federal, and state taxes on cigarettes. He also inquired if the collection of the tax was dedicated to the expenditure; whereupon, the City Manager explained that in Virginia, taxes could not be dedicated, but, funding could be used for different purposes. I 346 At 11 :50 a.m., the Mayor declared the meeting in recess to be I reconvened at 12:00 p.m., for a joint meeting of the Council and the Economic Development Authority in Room 159. At 12:25 p.m., the Council meeting reconvened in Room 159, for a joint meeting of Council and the Economic Development Authority, with Mayor C. Nelson Harris. and Vice-Chairman Charles E. Hunter, III, presiding. PRESENT: Council Members Gwendolyn W. Mason, Alvin L. Nash, Sherman P. Lea, Beverly T. Fitzpatrick, Jr., David B. Trinkle, Brian J. Wishneff, and Mayor C. Nelson Harris------mm----mm-m--m-.--m----m---m--7. ABS ENT: Non e------------------- n___________________nnn______________________________ O. The Mayor declared the existence of a quorum. ECONOMIC DEVELOPMENT AUTHORITY MEMBERS PRESENT: F. Gordon Hancock, Stuart H. Revercomb, A. Damon Williams, and Vice- Ch ai rm an, Ch arl e s E. Hunte r, 111--m-------------m----m---------m---------------m--4. Den n i t:~~~~~ k~~~~-~~~~-~--~~-~~~--~:--~~~~~:--~~m~-~~~-~--~~~~-~--~-~~--=-~~~~~~~ I OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. Representing the Economic Development Authority: Harwell Darby, Secretary; and Brian Brown, Director of Economic Development. ANNUAL REPORTS-ECONOMIC DEVELOPMENT-INDUSTRIES: On behalf of the Members of Council, the Mayor welcomed Directors and staff of the Economic Development Authority. I 347 I On behalf of the Chairman, Vice-Chairman Hunter presented an Annual Report for fiscal year 2006/2007 and an Interim Report as of April 1, 2008. He highlighted activities of the Economic Development Authority for fiscal year 2006/2007; and he commented that the EDA looked forward to continuing its close partnership in economic development with the City of Roanoke and stands ready to work as a full economic development partner with other members of the City's team. He also shared information with regard to the FY 2007 Facade Grant Summary Report as of April 1, 2008, and the Entrepreneurial District. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle inquired about the expansion of the Facade Program; whereupon, the Director of Economic Development advised that the program will require additional funds. I Council Member Nash inquired about the source of facade funding and if other funding sources were available; whereupon, Mr. Brown advised that the funding was approved by the Council. Mr. Revercomb added that there was a cost associated with bonds that come through the EDA. Mr. D"arby indicated that the annual income of the EDA was approximately $150,000.00, resulting from the cost associated with the revenue bonds. Council Member Wishneff inquired if the EDA charged for carrying out performance agreements; whereupon, Mr. Darby advised that no charge is assessed by the EDA, however, those who benefit from the agreements must pay attorney fees. Council Member Wishneff suggested that the EDA give consideration to charging for services rendered in connection with the performance agreements in order to receive additional revenue; that a partnership be created with DRI with regard to the former Heironimus building on the corner of Jefferson Street and Church Avenue. Mr. Brown announced that the Entrepreneurial Express would be held on May 29 from 9:00 a.m. to 12:00 p.m., at Virginia Western Community College to unveil the Entrepreneurial Program. There being no additional questions or comments by the Council, Mayor Harris complimented the EDA on its many accomplishments. I At 1 :20 p.m., the Vice-Chairman declared the Economic Development Authority meeting adjourned. 348 At 1 :20 p.m., the Mayor declared the Council meeting in recess to be immediately reconvened at 2:00 p.m., in the Council Chamber. I At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor Harris presiding. PRESENT: Council Members Gwendolyn W. Mason, Alvin L. Nash, David B. Trinkle, Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, and Mayor C. Nelson Harrism--nu---m------------n----------m7. ABS E NT: Non e n_________n__________________u_____________u_______________________--u-o . OFFICERS PRESENT: Darlene L. Burcham, City Manager; Timothy Spencer, Assistant City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. At this point, Council Member Wishneff entered the meeting (2:01p.m.). I The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: UNITED STATES ARMY RESERVE: Council Member Fitzpatrick offered the following resolution: (#38047-040708) A RESOLUTION paying tribute to the United States Army Reserve on its 1 OOth anniversary. (For full text of Resolution, see Resolution Book No. 72, page 215.) Council Member Fitzpatrick moved the adoption of Resolution No. 38047-040708. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrisnm--m------m---m--------------m----m---------7. NAYS: Non e _n_________________n__n_____________n__________u______n_________n-------0. I 349 I A ceremonial copy of Resolution No. 38047-040708 was presented to Michael F. Kavanaugh, Army Reserve Ambassador for Virginia. PROCLAMATIONS: The Mayor presented a ceremonial copy of a proclamation declaring the week of April 13 -19, 2008, as National Public Safety Telecommunicator's Week to Roy Mentkow, Director, Department of Technology. 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. MINUTES: Minutes of the regular meeting of Council held on Tuesday, January 22, 2008, were before the body. (For full text, see minutes on file in the City Clerk's Office.) I Vice-Mayor Trinkle moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harris-mu--m-mm-m-mm---m--m-----m----m--_7. NAYS: No n en---___________nn____________nn_____________nn______n__n_______--n-nO. DIRECTOR OF FINANCE: A communication from Jesse A. Hall tendering his resignation as the Director of Finance of the City of Roanoke, effective July 1, 2008, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harris--nm---nmmm--mmm---mm___n__nn______7. NAYS: Non e ______________n_n__________________________________________________-----n---O. 350 CITY PROPERTY-EASEMENTS: A communication from the City I Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the vacation of a City drainage easement along property located at 3726 Thirlane Road, N. W., was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harris-m--m--m---mm-mnnn-mmn---nmm-----7. NAYS: Non e_n_______________u________nn___________n________u________ -------------u-o. SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned land located in Roanoke County, was before the body. (See communication on file in the City Clerk's Office.) I Vice-Mayor Trinkle moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harris--m--num--m-m------mmn---nmnm--------7. NAYS: Non e nn___________________________u________n____u_____________________n_______O. PARKS (CARVINS COVE): A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the granting of a conservation easement over City-owned property located in the Carvin's Cove Natural Reserve, was before the body. (See communication on file in the City Clerk's Office.) I 351 I Vice-Mayor Trinkle moved that Council concur in the request of the City Manager as abovementioned. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitz patri ck, Lea an d Mayo r H arri s mmmm___nm____nn__m__nm___nmm___nn 7 . NAYS: Non e--n--n--nnn________n______n_nn_____n_n__nn_________n___---n-----O. CITY COUNCIL-COURT COMMUNITY CORRECTIONS PROGRAM- LIBRARIES-PARKS AND RECREATION: Reports of qualification of the following individuals, were before the Council: Alvin L. Nash as a Member of the Council of the City of Roanoke, for a term commencing April 1, 2008 and ending June 30, 2010; I Jacqueline F. Ward Talevi as a City representative to the Court Community Corrections Program, Regional Community Criminal Justice Board, to fill the unexpired term of Julian H. Raney, Jr., ending June 30, 2008. Herbert D. McBride as a member of the Roanoke Public Library Board, for a term ending June 30, 2010. Thomas Pettigrew as a member of the Parks and Recreation Advisory Board, for a term ending March 31,2011. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrismmmm-n----m-m_mnn__nm___mmnnnu 7. NAYS: Non e ----n--unnnn________n____________n___un______n______n___n__---n--O. I 352 REGULAR AGENDA I PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: HEAL TH-SCHOOLS-YOUTH: Ken Mundy, Interim Director, Roanoke Adolescent Health Partnership, highlighted the following information: Teen Risks . Depression/stress . Low self-esteem . Substance abuse . STD's . Pregnancy . High-risk behaviors . School drop-outs . Pove rty . Obesity/eating disorders . Violence/homicide/suicide 2007 YRBS Results Roanoke City I . 57.1 % of 10th and 12th graders have had sex . 12.5% have had sex before age 13 . 24.6% had 5 or more drinks in the last 30 days . 17.9% seriously considered suicide in the last 12 months . 13.7% actually attempted suicide in the last 12 months . 27% of teens visiting the RAHP Teen Centers do not have health insurance . 33.4% of 8th have had sex . 23.4% have had sex before age 1 3 . 30.5% had their first drink before age 13 . 29% rode in a car driven by someone drinking alcohol . 19.9% seriously considered suicide in the last 12 months . 9.5% actually attempted suicide in the last 12 months The RAHP Mission . RAHP is dedicated to improving the lives of teenagers by providing free easily-accessible comprehensive health care services. . RAHP united parents, teens, health care providers, and community members for the purpose of addressing the I emotional and physical needs of teens, on an individual. and group basis. 353 I RAHP · Not-for-profit organization · History of providing comprehensive health care with no out of pocket expense to adolescents for 16 years. · Certified staff includes medical doctors, nurse practitioners, registered nurses, and clinic assistant. RAHP Teen Health Clinic Locations · Patrick Henry High School, on campus site · William Fleming/William Ruffner Schools, on campus site · Hurt Park Clinic, community site RAHP Eligibility · Any adolescent, age 10-19, is eligible to use RAHP's Teen Health Clinics with written parental consent on file. · There is no out of pocket expense for any adolescent, parent, or family. As part of the Roanoke City Health Department policy, all services provided are billed to insurance. I RAHP Partners · Roanoke City Health Department · Private funding · Roanoke Redevelopment and Housing Authority · Roanoke City Public Schools . Donations RAHP Staff · 1 Executive Director · 1 Administrative Secretary III · 3 Medical doctors · 3 Nurse practitioners (2 p,art-time) · 1 Public health nurse (part-time) · 2 Health educators (1 part-time) · 3 Clinic assistants (1 unfunded vacancy) · 2 Secretaries (1 part-time) Budget · Total FY 2008 $618,584.00 · FY 2008 Cash $358,484.00 · FY 2008 In-kind $260,100.00 I 354 Funding Sources . Billing Revenue - $110,000.00 . State Teen Pregnancy Prevention Grant - $78,000.00 . Carilion - Barnhart Fund - $ 50,000.00 . City of Roanoke/Roanoke City public Schools - $25,000.00 . Human Services Committee - $24,000.00 . Thurman Foundation - $1 5,000.00 . Foundation for the Roanoke Valley - $26,000.00 . Corporate Funding - $18,000.00 . United Way - $4,000.00 . Special events and individual contributions - $8,000.00 I Services offered by RAHP . Illness and injury treatment . Prescriptions . Sports physicals . Immunizations . Family planning RAHP Priorities . Prevention . Acute care . Health maintenance . Health education . Chronic care I RAHP Current Statistics/Unduplicated Teen Health Clinic Patients . FY 2004 - 2,138 . FY 2005 - 2,488 . FY 2006 - 2,770 . FY 2007 - 3,001 Total Number of Teen Health Clinic Visits . FY 2004 - 4,686 . FY 2005 - 5,339 . FY 2006 - 5,445 . FY 2007 - 5,798 I 355 I FY 2007 V" b T dC ISltS IV vpe an enter Patrick Hurt Park Fleming/Ruffner Off-s ite Total Henrv Child Health 849 1 ,409 917 - 3,175 Family 169 740 208 - 1,117 Planninq Immunization 61 184 96 - 341 STD 60 69 109 - 238 Mental Health 46 11 65 - 122 Health 200 1 5 349 - 564 Education Phvsicals - - - 241 241 RAHP Honors & Awards · 2006 Small Business Award Nominee · 2004 Community Partner with Greatest In-kind Support, Roanoke City Public Schools · 2000 National Premier Cares Award - 3rd best non-profit in the nation · 2000 Merit Award - National Association of Housing and Redevelopment Officials I RAHP Future Goals · Hurt Park full time clinic · Increase access to care for adolescents · Increase percentage of parents returning consent forms at school clinics · Increase visibility and promotion of adolescent health care · Diversify and increase funding source · Increase service to counties throughout the Roanoke Valley · Increase advocacy for adolescents (See presentation on file in the City Clerk's Office.) Discussion: Vice-Mayor Trinkle inquired if there was a new site for a health clinic at Patrick Henry High School and whether there would be a site at the new William Fleming High School; whereupon, Mr. Mundy noted that a health clinic was located at Patrick Henry, with a school nurse, as well as a site at the new William Fleming High School. I 356 Council Member Mason inquired as to what RAHP was doing to I promote the clinics; whereupon, Mr. Mundy replied that RAHP has a website and a cable commercial which is aired by 'RVTV, and added that most of the promotion is through direct contacts of students. Ms. Mason suggested creation of a link from the Roanoke City Public Schools website to the RAHP website. Mr. Mundy indicated that one of the goals of RAHP is to increase awareness in order to possibly lower the statistics of children between the ages of 10 -19, which has a pregnancy rate of 60 percent. Council Member Nash inquired as to the policy for providing services to adolescents without parental consent, but may need services; whereupon, Mr. Mundy indicated that without a consent form on file, services cannot be rendered and the child is referred to the health department or a doctor. Following discussion, the Mayor expressed appreciation to Mr. Mundy for his presentation regarding the Roanoke Adolescent Partnership (RHAP). AIRPORT-BUDGET: The Executive Director of the Roanoke Regional I Airport transmitted the Roanoke Regional Airport Commission Fiscal Year 2008-2009 Budget and Proposed Capital Expenditures for approval, advising that the Budget was adopted by the Commission at its meeting on March 20, 2008, and a listing of capital expenditures were expected to exceed $100,000.00 in cost and were intended to benefit five or more future accounting periods. She also noted that no deficit is anticipated in either the Operating Budget or for the capital expenditures; and therefore, no additional appropriations were being requested or anticipated from the City or the County of Roanoke. (See communication and attachments I and II on file in the City Clerk's Office.) Council Member Fitzpatrick inquired about passenger accessibility from the commuter service area; whereupon, the Executive Director remarked that three years ago, all four jet bridges at the Airport were updated and a new generation of jet bridges were being considered. I 357 I Council Member Fitzpatrick offered the following resolution: (#38048-40708) A RESOLUTION approving the Roanoke Regional Airport Commission's 2008-2009 proposed operating and capital budget upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 216.) Council Member Fitzpatrick moved the adoption of Resolution No. 38048-040708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrisnm--------n-m--m---mn-m-___mmmm_mn 7. NAYS: No n e-n-----nnnn____nn_n____________nn___n______n_nn__u__nn_nnn-0. REPORTS OF OFFICERS: CITY MANAG ER: I BRIEFINGS: CITY COUNCIL-CONFLICT OF INTEREST: The City Manager submitted a communication advising of the City's intent to request an exception from the Department of Housing and Urban Development (HUD) conflict-of-interest provisions due to the appointment of Alvin L. Nash as a Member of Council. (For full text, see communication on file in the City Clerk's Office.) Mayor Harris read the following statement into the record: I "The appointment of Mr. Nash to Council will necessitate the application by the City, to the United States Department of Housing and Urban Development for an exception of HUD's conflict of interest provisions. Mr. Nash of course is President and Chief Executive Officer of Blue Ridge Housing Development Corporation which receives substantial Community Development Block Grant and HOME Investment Partnerships Program sub-grants from the City each year which are funded by HUD. HUD's regulations generally would prohibit the City from awarding a sub-grant to an organization such as Blue Ridge Housing if anyone who benefits from the proceeds of such sub-grant, such as, by a contract of 358 employment or any other financial interest or benefit is an elected or appointed official of the City. HUD's regulations do provide for a I process; however, whereby HUD may grant an exception to this provision after consideration of a number of factors. The City will apply to HUD for an exception giving notice of this publicly is a requirement of HUD regulations." He also noted that Mr. Nash was aware of the requirement before his appointment. There being no objection by the Council, the item was received and filed and considered part of the official record. ITEMS RECOMMENDED FOR ACTION: ECONOMIC DEVELOPMENT-COLONIAL GREEN: The City Manager submitted a written communication recommending execution of Amendment No.2 to the agreement for development of Colonial Green. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: I (#38049-040708) AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the Agreement for the Development of Colonial Green dated December 27, 2007, such amendment No.2 to be entered into by the City and Colonial Green, L. c.; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 72, page 217.) Council Member Mason moved the adoption of Ordinance No. 38049-040708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrismm--m----mmmmm--------m-----mmmm7. NAYS: No n e_n_nnnn________n____nn______n___n____________________n_______-------0. I 359 I MARKET GARAGE: The City Manager submitted a written communication recommending execution of Change Order No. 1 with Alan L. Amos, Inc., for the removal of pre-cast panels from the Market Garage. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38050-040708) AN ORDINANCE authorizing the City Manager's issuance and execution of a Change Order to the City's contract with Alan L. Amos, Inc., for a reduction, in the amount of work and contract amount, for the removal of precast panels at Market Garage; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 218.) Council Member Mason moved the adoption of Ordinance No. 38050-040708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: I AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrismm-m--mm--mm------mm--mm_m__m___7. NAYS: Non e ---_____________________u___________________ ----------------------------------0. BRIDGES-CONSERVATION: The City Manager submitted a written communication recommending acceptance of funds from the United States Department of Agriculture and the Natural Resources Conservation Service for replacement of the Wiley Drive Upstream Low Water Bridge; and approval of the Conservation Program Contract. (For full text, see communication on file in the City Clerk's Office.) I 360 Council Member Mason offered the following resolution: I (#38051-040708) A RESOLUTION authorizing the acceptance of a U. S. Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS) Wildlife Habitat Incentives Program (WHIP) Funds grant for the replacement of the Wiley Drive Upstream Low Water Bridge; approving certain WHIP contract documents; and authorizing the City Manager to execute any necessary documents or agreements to receive, implement, and administer such grant. (For full text of resolution, see Resolution Book No. 72, page 219.) Council Member Mason moved the adoption of Resolution No. 38051-040708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harris__m__________m___ummmm_mu___u_muuuu7. NAYS: Non e -------------------------- ____u___u_u_u uuuu___u__u___________________o . Council Member Mason offered the following budget ordinance: I (#38052-040708) AN ORDINANCE to appropriate funding from the United States Department of Agriculture and the Natural Resources Conservation Service to the Wiley Drive Upstream Low Water Bridge Replacement project, amending and reordaining certain sections of the 2007-2008 Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 220.) Council Member Mason moved the adoption of Ordinance No. 38052-040708. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrism_mom_ummmmmm__m_mm_mm__m__7. Nt\'(S: N()l1e-------------------------------------------------------------------------------(). I 361 I DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance transmitted the Financial Report for the month of February 2008, advising that the City of Roanoke's adopted budget for fiscal year 2008 totals $252.6 million, representing a 5.4 percent increase over the adopted budget for fiscal year 2007; budgeted revenue growth results from a projected increase in Real Estate and Personal Property tax revenues, as well as projected growth in various local taxes including sales tax, business license tax, and prepared food and beverage tax; and the aforementioned growth has been allocated to provide more funding to the Roanoke City Public Schools, for capital maintenance and equipment replacement, to enhance services to citizens, and to fund salary increases for employees. I Furthermore, Mr. Hall advised that the fiscal year 2008 budget provides for greater social services program funding and the resources necessary to meet the current year's debt service requirements; the City had no major tax due dates in January or February; business license tax was due March 1; as of to date, it has increased 1.4 percent over the prior fiscal year; and he provided commentary on notable variances in revenues and expenditures for the first eight months of fiscal year 2008. (For full text, see copy of Financial Report on file in the City Clerk's Office.) There being no objection by the Council, the Financial Report was received and filed. TAXES: The Director of Finance submitted a written report recommending adoption of Tax Year 2008 Personal Property Tax Relief Percentage. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38053-040708) A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2008 tax year. (For full text of resolution, see Resolution Book No. 72, page 221.) I Vice-Mayor Trinkle moved the adoption of Resolution No. 38053- 040708. The motion was seconded by Council Member Mason. 362 Mr. Robert Gravely, 3060 Hershberger Road, appeared before I Council and indicated that based on the percentage rate, the City of Roanoke was facing a lot of debt. There being no questions and/or comments by Council Members, Resolution No. 38053-040708 was adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrism-nm-nm-m-mnm---n-------m--mn-m----7. NAYS: No n e__________________________nnnnn_nn_n___nn_nnn__________________---0. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: COUNTRYSIDE ESTATES: Council having tabled the matter of conveyance of City-owned property located at Countryside Golf Course to Newbern Properties, LLC, for expansion of a heating and air conditioning company, at its regular meeting held on Tuesday, February 19, 2008, and laid over to be heard at its regular meeting on Monday, March 17, 2008, the matter was again before the body. Council Member Mason offered a motion to have the matter removed from the table for reconsideration. The motion was seconded by Vice-Mayor Trinkle and unanimously adopted. I Vice-Mayor Trinkle offered the following ordinance: (#38054-040708) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of Official Tax Map No. 6472302, located at Countryside Golf Course, to Newbern Properties, LLC., and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 222.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38054- 040708. The motion was seconded by Council Member Mason. I 363 I Ms. Valerie Garner, 2264 Mattaponi Drive, N. W., appeared before Council in opposition of the recommendation to convey City-owned property to Newbern Properties, LLC, for expansion of a heating and air conditioning company and requested that the matter be tabled again to allow ample time to receive plans from Trane as to what the proposed building site would look like. She urged the Council not to convey the property to Newbern Properties, but instead, use the funds towards maintaining the golf course. Council Member Wishneff suggested that the Council review the plans; whereupon, the City Manager advised that City staff had already reviewed the drawings and based on said review, the hole used on the golf course would not be affected. The Economic Development Administrator added that the stakes at the golf course were approximately 25 feet away from the hole; and therefore, would not affect play. I Alton Prillaman, Attorney representing Newbern Properties, advised that the building in question would not affect the play on the golf course, that it would only be an extension of the existing building. Council Member Nash advised that he was briefed on the expansion and he too noticed that it was an extension of the building currently in place; that he visited the site to measure the distance from the green and he too was of the opinion that the extension of the building would not affect play on the course. There being no additional questions and/or comments by Council Members, Ordinance No. 38054-040708 was adopted by the following vote: AYES: Council Members Mason, Nash, Trinkle, Wishneff, Fitzpatrick, Lea and Mayor Harrism-mmm-mn-mmn-mnmnm_______m__m_7. NAYS: Non e--------------------------------n--n------n_________n_________________nn-0. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. I 364 MOTIONS AND MISCELLANEOUS BUSINESS: I ROANOKE VALLEY ALLEGHANY-REGIONAL STORMWATER MANAGEMENT COMMITTEE: Vice-Mayor Trinkle, City's representative to the Roanoke Valley Alleghany-Regional Stormwater Management Committee, advised that the Committee is interested in attending a Council work session in either Mayor June 2008 to discuss updates pertaining to new federal guidelines. CELEBRATIONS: Council Member Lea commended the City on its efforts in connection with an event that was held on Friday, April 4, 2008, which was sponsored by the Southern Christian Leadership Conference (SCLC) in recognition of the 40th anniversary of the death of Dr. Martin Luther King, Jr., and he noted that the City was presented an award from SCLC. He also called attention to several dignitaries and clergy who were in attendance who spoke on race relations. CITY EMPLOYEES: Council Member Fitzpatrick recognized City employees who participated in the City's Annual Talent Show Contest held on Friday, April 4, 2008, and expressed appreciation to the City employees for sharing their talents with others. He also commended City staff for supporting the employees. CLEAN VALLEY DAY: Council Member Mason expressed appreciation to those citizens who supported and participated in the Clean Valley Day on Saturday, April 5, 2008. I CELEBRATIONS: Mayor Harris also expressed appreciation to the SCLC on its presentation to the City in recognition of the 40th Anniversary of the death of Dr. Martin Luther King, Jr., which was presented on Friday, April 4, 2008, at the Martin Luther King, Jr., Monument. HEARING OF, CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. SCHOOLS-YOUTH: Mr. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about the presentation that was given earlier during the meeting by Mr. Ken Mundy, regarding the Roanoke Adolescent Partnership (RAHP). I 365 I POLICE: Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., appeared before the Council and expressed concern with regard to police brutality and the Police Department's Disciplinary Review Board. Council Member Lea remarked that he met with the City Manager and the Chief of Police with regard to concerns expressed by Mr. Omar and requested that the City Manager provide the Council with a brief overview of the Disciplinary Review Board process. Mayor Harris requested that the City Manager forward information with regard to the Disciplinary Review Committee to the Council and Mr. Shaheed Omar, as well as provide the Council with a general overview of the Review Committee and the process at a future work session. CITY MANAGER COMMENTS: I CLEAN VALLEY COMMITTEE: The City Manager also shared comments with regard to the Clean Valley Day event that was held on Saturday, April 5, 2008. CELEBRATIONS-LlBRARIES-GRANTS: Ms. Burcham announced that the Annual Citizens Appreciation Day would be held on Saturday, April 19, 2008 at Valley View Mall from 10:00 a.m. - 3:00 p.m., and the theme for this year's celebration is "Clean and Green". She presented each Member of Council with a recyclable tote bag from the Libraries Division that would be distributed at the Citizen Appreciation Day to the first 100 citizens. In addition, she announced that the City applied for and received two Brownfield grants, in the amount of $200,000.00, each; and she announced that the library kiosk in Valley View Mall received a second place award. . I Furthermore, the City Manager announced that Cameron Johnson, a Roanoke resident, was selected as a finalist in "Oprah's Big Give" to be aired on Sunday, April 20, 2008, noting that the show will provide footage of Mr. Johnson traveling through the City and approximately 11 million people will have the opportunity to see the City of Roanoke on television. She indicated that free viewing of the show was being offered by the Civic Center on a big screen at 8:00 p.m. Lastly, Ms. Burcham pointed out that donations were being accepted for the Jobs for Virginia Graduates Program. 366 There being no further business, the Mayor declared the Council I meeting adjourned at 4:00 p.m. APPROVED ATTEST: ~m.h1o~ Stephanie M. Moon, CMe City Clerk c . . . a--vVYQ c. Nelson Harris Mayor I I I I I 367 ROANOKE CITY COUNCIL - REGULAR SESSION APRIL 21, 2008 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, April 21, 2008, at 2:00 p.m., Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, Citv Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.3 7817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Member Alvin L. Nash, David B. Trinkle, Brian J. Wishneff (arrived late), Sherman P. Lea, Gwendolyn W. Mason, and Mayo r C. N e I so n H arri s --~-----------------------------------------------------------------------------6. ABSENT: Council Members Beverly T. Fitzpatrick Jr.m-------------m----------1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Cecelia R. Tyree, Assistant Deputy City Clerk; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. CONSENT AGENDA - NONE. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: At this point, Council Member Wishneff arrived at the meeting (2:05 p.m.). 368 CITY COUNCIL: A communication from Mayor C. Nelson Harris recommending adoption of a travel and expenditure policy for use by the I Council. (For full text, see communication on file in the City Clerk's Office.) > Council Member Mason moved that the Council approve the travel and expenditure policy as recommended by the Mayor. The motion was seconded by Vice-Mayor Trinkle and adopted. BUDGET-CABLE TELEVISION: Vice-Mayor David B. Trinkle, City Council's representative to the Roanoke Valley Regional Cable Television Committee, submitted a written report recommending approval of the proposed RVTV Budget for the Fiscal Year 2008-2009. (For full text, see document on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38055-042108) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2008-2009 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV I Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 72, No. 223.) Council Member Mason moved the adoption of Resolution No. 38055- 042108. The motion was seconded by Council Member Lea. Elaine Bays, RVTV Cable Access Director, appeared before the Council and presented brief remarks with regard to activities by RVTV Channel 3. Council Member Lea expressed appreciation to Ms. Bays on the presentation. There being no additional questions/comments by the Council Members, Resolution No. 38055-042108 was adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E>. NAYS: Nonen----n--nn----un----------n-----u--------------------n----____nn____n______O. I (Council Member Fitzpatrick was absent.) I I I 369 BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Daniel D. Miles, P. E., Chief Executive Officer, submitted a written communication recommending approval of the proposed 2008-2009 Roanoke Valley Resource Authority Annual Budget. (For full text, see document on file in the City Clerk's Office.) Vice-Mayor Trinkl'e offered the following resolution: (#38056-042108) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2008-2009, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 225.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38056- 0421 08. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E>. NAYS: Non e--nn------n----______n_______nnn____________n______nn________-nnnn--n___O. (Council Member Fitzpatrick was absent.) BUDGET-CLERK OF COURTS: The Honorable Brenda S. Hamilton, Clerk of Circuit Court, submitted a written communication recommending acceptance of funds from the State Compensation Board; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communications on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38057-042108) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for upgrades, maintenance, and other charges lin the Office of Circuit Court Clerk, amending and reordaining certain sections iof the 2007-2008 Grant Fund Appropriations, and dispensing with the second ireading by title of this ordinance. I I !(FOr full text of ordinance, see Ordinance Book No. 72, page 225.) 370 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38057- 042108. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E>. NAYS: Non e__nn______nnn______n____n___________nn______________ ----n-------------n-----O. (Council Member Fitzpatrick was absent.) REPORTS OF OFFICERS: CITY MANAGER: EQUIPMENT: The City Manager submitted a written communication advising that an emergency procurement has been approved for HVAC services through Southern Air to perform the necessary repair, cleaning and testing of the HVAC ductwork system in the Commonwealth Building. She advised that the communication was being submitted for informational purposes and no official action by the Council was necessary. (For full text, see communication on file in the City Clerk's Office.) BRIEFINGS: BUDGET: The City Manager called upon Sherman M. Stovall, Director, Office of Management and Budget, and Ann H. Shawver, Deputy Director of Finance, to present the City of Roanoke's Fiscal Year 2008-2009 Recommended Budget. The following information was shared with regard to the FY 2008-2009 Budget: 17 I I I I Focus Areas · Education · Public Safety · Economic Development · Housing and Neighborhood Revitalization · Recreation and Culture · Public Health and Welfare · Efficient and Effective Service Delivery I FY 2008-09 Budget · Recommended budget is balanced · Budget Totals $259,894,000 · Increase of $7,379,000 · Includes recommendation to adjust several rates and fees I 371 2 3 372 "I>' General Fund Revenue Summary I Revenue Increase $7,379,000 +2.9% Local Revenue $4,925,000 +2.6% State Revenue* $2,454,000 +3.7% State revenue growth reflected in Human Services/Social Services category. Other State aid categories reflect a reduction in funding. 4 Local Revenues FY 2,008-09 FY 2008-09 $ Change % Change Total Local Revenues $4,925,000 2.6% Real Estate $3,631,000 4.9% Personal Property $941,000 5.2% Consumer Utility $528,000 5.9% Cigarette $244,000 8.4% Recordation $125,000 11.1% Transient Occupancy $136,000 4.9% Prepared Food $41 0,000 3.5% Telecommunications $722,000 9.9% Sales Tax ($1,310,000) (5.8%) Business License ($430,000) (3.2%) Other Local Taxes $300,000 4.3% Other Local Revenues ($372,000) (2.4%) I I I , State Revenues FY 2008-09 FY 2008-09 $ Change % Change Total Intergovernmental Revenues $2,454,000 3.7% Human/Social Services $3,529,000 13.2% Non-Categorical ($104,000) ( I. I %) (Personal Property Tax Relief, Recordation, ABClWine, Rolling Stock, Rental Car) Shared Expenses ($453,000) (4.8%) (Constitutional Officers) Categorical ($518,000) (2.5%) Oail Per Diems, HB 599, Street Maintenance, library, VJCCCA) 6 I Rate/Fee Adjustments Rate/Fee Current Proposed Business License Contractors $.14 $.16 Real Estate - Appraiser/Broker $.47 $.58 (Per $100 of gross receipts) Motor Vehicle License - Motorcycle $8 $15 Moped Registration $5 $15 Courthouse Security Fee $5 $10 Fire Engine Standby Fee $0 $100 per hour EMS Standby Fee $35 $50 per hoUJ I 373 374 'r Rate/Fee Adjustments I Rate/Fee Current Proposed EMS Fee Basic Life Support $300 $350 Advanced Life Support 1 $360 $450 Advanced Life Support 2 $550 .$600 Cigarette Tax Penalty $0 $.0135 (Per cigarette) Land Disturbing Permit $0 $100+ $50 per acre Fire Lane Violation $33 $50 Fire Hydrant Violation $33 $50 8 General Fund Expenditure Summary · Revenue Increase of $7,379,000 · Schools - $1,960,829 I · Employee Compensation/Benefits - $2,159,937 · Debt Service/Cash Funded Capital - $1,262,022 · Maintain Existing Services - $6,771,289 . With offsetting revenue, net incremental cost of $2,855,818 · Enhanced Services - $296,413 · Budget Reductions - ($5,071,490) 9 I I Local Share - School Funding · Increase of $1.960,829 or 3.2% · Based on current formula of 36.42% of adjusted local taxes - $1,460,829 and additional $500.000 based on Mayor's proposed initiative to provide additional $2.5 million over five years · Total operating transfer of $63.347,461 · City supported debt service of $6,765.620 · Total support (operating/debt service) - 27% of General Fund budget Employee Compensation and Benefits I · Employee Compensation - $2,159.937 · Pay increase of 2.0% of current salary - $1,716,554 - Salary survey indicates salaries are approximately 4.71 % behind First Cities jurisdictions · Maintenance Worker Hiring Adjustment - $66,743 . 61 Maintenance Worker and Maintenance Technician I positions · Reserve for anticipated increase in medical insurance - $376,640 11 I 375 10 376 Debt Service and Cash Funded Capital Equipment Replacement and Maintenance I · Additional Debt Service Funding - $570,000 · Multi-year plan to build debt service funding for bonds to support CIP projects - $570,000 · Capital/Equipment Replacement - $692,022 · Capital Building Maintenance - $126,667 · Equipment Replacement - $227,800 · Technology - $219,555 · Paving - $118,000 12 Use of One Time Funding · Excess Debt Service Funding of $1 ,793,234 · Deer Culling $54,344 · Match for HOME Investment Partnership Program - $92,375 · Roanoke River Flood Reduction - $1,000,000 · GRTC - Star Line Trolley Match - $200,000 . Grant Match - $150,000 · Temporary staffing (Expediter Activities) in Juvenile Court Services - $38,865 · Temporary staffing (Work Order System) in Parks and Recreation - $18,898 · Contingency - $238,752 I 13 I I Public Safety · Additional resources to support: · Police and Fire-EMS overtime · Animal Control - SPCA Contract · Fire-EMS Melrose Station · Addition of an ambulance at Fire-EMS Station 8 (Crystal Springs) and the repositioning of a peak-demand ambulance at Fire-EMS Station 9 (Melrose and 24th Street) 14 Housing/Neighborhood Revitalization I · Code Enforcement · Two,additional Codes Compliance Inspector positions · Enhanced enforcement of building and zoning codes, Rental Inspection Program, and nuisance codes · Targeted use of Community Development Block Grant and HOME Funds · Full transition to Hurt Park 15 I 377 378 Economic Development I · Star-Line Trolley · Connect development at Riverside Centre to downtown · Market Building · Interior and exterior improvements · Proposals for capital improvements, management and operation. · Continued support of Regional Economic Development Partnership business model for economic development 16 Public Health and Welfare · Social Service IHuman Service Programs · Foster Care · Adoption · Comprehensive Services Act · Health Department · Continued support of Health Department move to the Civic Mall I 17 I I Recreation and Culture · Parks and Recreation · Enhanced Greenway Maintenance · Additional athletic field availability via lease of Veterans Administration field · Civic Facilities · Additional resources to support operation of Civic Facilities Fund · Culture · Continue commitment to budget an amount equivalent to one cent of the real estate tax rate for arts and culture I Efficient/Effective Service Delivery · Energy and Utility Savings · Energy efficient lighting · LED Traffic Lights " · Hybrid vehicles · Clean and Green Campaign · Implementation of International Council for Local Environmental Initiatives (ICLEI) five step model to reduce greenhouse gases/pollution · Marketing Support 19 I 379 18 380 Other · Inflationary Increases · Motor Fuel · Jail Medical Services · Performance Agreements · Ivy Market, Home Depot, District at Valley View - Cost offset by increased revenue Position Adjustments · Elimination of 33 positions. $1,236,066 · 27 General Fund - $1,124,063 - Building Inspections, Facilities Management, E-911 Wireless, Fire-EMS, Police, Neighborhood Services, Neighborhood Support, Parks/Recreation, Planning, Transportation, Youth Haven · 2 Fleet Management Fund - $55,974 · I Technology Fund - $56,029 · 3 Civic Facilities Fund - $98,063 (No Impact on Subsidy) · Unfunding (Leaving Vacant) II positions - $3 18,980 · 10 General Fund - $277,200 - Libraries, Parks/Recreation, Transportation, Sheriff/Jail, Police · I Technology Fund - $41,780 I 20 I 21 I I I I Other Budget Adjustments · Remaining Budget Reductions - $3,516.444 · Reductions taken across all departments and budget units · Summary of Other Budget Adjustments · Reduction in Service Awards Program · Change in scope of Roanoke Arts Festival · Elimination of Summer Intern Program · Elimination of refuse collection at Roanoke Redevelopment and Housing Authority units - Housing Authority will assume responsibility · Closing of Addison and Jackson Fitness Centers based on low demand - Fitness center replaced with program specific activities. · Reduction in program scope for Virginia Juvenile Community Crime Control Act 22 Other Budget Adjustments · Summary of Other Budget Adjustments . Reduction in General Relief Program funds . Restructuring of Police Customer Service window during night shift . Adjustment of Library Hours based on demand (See document on file in the City Clerk's Office.) 381 23 Following the budget presentation, Mayor Harris announced that the Council would hold a public hearing on the proposed 2008-2009 fiscal year budget on Thursday, May 1 at 7:00 p.m., in the Council Chamber, followed by a budget study session on Thursday, May 8 at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, and if necessary, on Friday, May 9 at 8:30 a.m.; and the Recommended Fiscal Year 2008-2009 budget would be adopted at a reconvened meeting of the Council on Monday, May 12 at 2:00 p.m., in the City Council Chamber. 382 ITEMS RECOMMENDED FOR ACTION: I CITY PROPERTY-FEES COMPENDIUM: The City Manager submitted a written communication recommending establishment of parking fees and naming of a new City parking garage. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38058-042108) AN RESOLUTION naming a new City parking garage the Campbell Garage; establishing parking fees for such new garage; providing that the provisions of Resolution No. 37901-091 707 establishing parking procedures and other matters for City parking facilities shall also be applicable to Campbell Garage; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 72, page 226.) Vice-Mayor Trinkle. moved the adoption of Resolution No. 38058- 042108. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor I HClrris----------------------------------------------------------------------------------------------------------E>. NAYS: Non e _n______________n_______________________u_n_n_nnnn_____nu____------------u-o. (Council Member Fitzpatrick was absent.) Vice- Mayor Trinkle offered the following budget ordinance: (#38059-042108) AN ORDINANCE to establish revenue estimates and appropriate or transfer expenses to fund the operations of the Campbell Garage for the remainder of fiscal year 2008, amending and reordaining certain sections of the 2007-2008 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 228.) I I I I 383 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38059- 042108. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E>. NAYS: No n ennn-n--_____n___n_n______n_n_n__n_________n___n___nn_n------------n-nO. (Council Member Fitzpatrick was absent.) DOWNTOWN ROANOKE-PARKING GARAGES: The City Manager submitted a written communication recommending approval and re-establishment of the Downtown Residential Parking Program for City-owned or controlled parking garages for a two-year period, effective from April 1, 2008. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: "A RESOLUTION reestablishing and adopting a Residential Parking Program retroactive to April 1, 2008, providing for up to one free parking permit and one reduced price parking permit for certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to take such actions as may be needed to implement, administer, and enforce such Program." Council Member Lea moved the adoption of the resolution. The motion was seconded by Council Member Mason. Mayor Harris advised that he met with the City Manager prior to the Council meeting to discuss the Downtown Parking Program, adding that several Council Members raised questions and provided suggestions. He further advised that it was the consensus of the Council to refer the matter back to the City Manager to receive comments from downtown residents, with a report back to the Council. The Mayor inquired if there were citizens present who wished to speak on the matter; whereupon, the following citizens appeared before the Council: 384 Keith Hummer, 118 Campbell Avenue, advised that downtown residents were of the opinion that something had been offered and then taken away. I He urged the Council to reconsider the program and grandfather in the residents that were currently residing downtown. Douglas C. Waters, 204 South Jefferson Street, urged the Council to extend the Downtown Residential Parking Program in its current form and abstain from voting to reduce the benefits of this incentive vital to the continued economic development of downtown. (For full text, see statement on file in the City Clerk's Office.) Carol Rickerson and Lawrence Levinson, 324 Salem Avenue, respectively, urged the Council to reconsider the program. Council Member Mason offered a substitute motion to table the measure and request the City Manager to meet with the downtown residents and Downtown Roanoke, Inc., to discuss the program further and report back to the Council. The motion was seconded by Council Member Lea. Council Member Wishneff advised that he was not in favor of tabling the matter, but was willing to defer action on the matter for approximately one year. Vice-Mayor Trinkle advised that because he owned property in the downtown area that could constitute a conflict of interest, he would abstain from voting. I There being no additional comments, the substitute motion was adopted by the following vote: AYES: Council Members Nash, Lea, Mason and Mayor Harris---nm--mu-4. NAYS: Council Member Wishneff__u__nm_m_mmmnmn_nmnnn_____nmn 1. (Council Member Fitzpatrick was absent.) (Vice-Mayor Trinkle abstained from voting.) CITY CODE: The City Manager submitted a written communication recommending amendment to the City Code to reflect recent revisions to the Virginia Uniform Statewide Building Code, and to add a new section to permit requirements in buildings within a historic district. (For full text, see communication on file in the City Clerk's Office.) I I I I 385 Council Member Mason offered the following ordinance: (#38060-042108) AN ORDINANCE amending and reordaining Section 7- 5, Adopted; where copies filed, and adding a new Section 7-8, Permit requirement in historic district, Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 229.) Council Member Mason moved the adoption of Ordinance No. 38060- 042108. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E). NAYS: Non e u-u--------___________h__uuu__u_uuu__u___________u____uhu_--------u-u-o. (Council Member Fitzpatrick was absent.) COMMUNICATIONS-EQUIPMENT: The City Manager submitted a written' communication recommending execution of a Public Safety Radio Interoperability Memorandum of Understanding. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38061-042108) AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding Among the Statewide Agencies Radio System ("STARS"), the Commonwealth Link to Interoperable Communications Interoperable Networks ("COMLlNC"), and the City of Roanoke, in connection with the Roanoke Metropolitan Statistical Area ("MSA") Radio Interoperability Project, estClblishing Roanoke as the grant administrator of the Roanoke MSA Interoperability Project, 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. 72, page 231.) 386 Council Member Mason moved the adoption of Ordinance No. 38061- 042108. The motion was seconded by Vice-Mayor Trinkle and adopted by the I following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E). NAYS: Non e n____n_n___________________n________________________n__n_n____-------------n---O. (Council Member Fitzpatrick was absent.) GRANTS: The City Manager submitted a written communication recommending execution of the 2007-2008 CDBG Subgrant Agreement with Southwestern Virginia Second Harvest Food Bank. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38062-042108) A RESOLUTION authorizing the appropriate City officials to enter into the 2007-2008 Community Development Block Grant ("CDBG") Subgrant Agreement with the Southwestern Virginia Second Harvest Food Bank, Inc. ("Second Harvest"), upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 72, page 232.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38062- 042108. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris----------------------------------------------------------------------------------------------------------E). NAYS: Non e-n-----nn-----------------------------------------------------------------n--------O. (Council Member Fitzpatrick was absent.) REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds to various school program accounts; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) I I I I I 387 Vice-Mayor Trinkle offered the following budget ordinance: (#38063-042108) AN ORDINANCE to appropriate funding from the \ Commonwealth and Federal governments as well as from local match and corporate rebates for various School programs, as well as to appropriate funding from the 2007-2008 Capital Maintenance and Equipment Replacement Program for the Other Post Employment Benefit (OPEB) liability, amending and reordaining certain sections of the 2007-2008 General and School Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Book No. 72, page 233.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38063- 042108. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HaLrris----------------------------------------------------------------------------------------------------------E>. NA YS: Non e ____________u_____u_u____u__u_u_uu_uu________________u__u__-u-------------o. (Council Member Fitzpatrick was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council spoke about the City administration's handling of City issues. Chris Craft, 1501 East Gate Avenue, S. E., appeared before the Council and spoke about various school and city issues. 388 CITY MANAGER COMMENTS: The City Manager noted that Citizen I Appreciation Day was held on Saturday, April 19 at Valley View Mall. She also announced that Cameron Johnson was a runner-up on the final of "Oprah's Big Give" on Sunday, April 20, 2008. At 3:10p.m., the Mayor declared the meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., with Mayor C. Nelson Harris presiding. PRESENT: Council Member Alvin L. Nash, David B. Trinkle, Brian J. Wishneff (arrived late), Sherman P. Lea, Gwendolyn W. Mason, and Mayo r C. N e I so n H arri s________________________u_________uuuu__uu___uuu_________________u---6. ABSENT: Council Member Beverly T. Fitzpatrick, Jr.u__m__u_muuuuum__1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. The Invocation was delivered by Mayor C. Nelson Harris. I The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATION: The Mayor proclaimed May 2008 as Bike Month; and presented a ceremonial copy of the proclamation to Greg Edwards, President, and Ms. Chris Visscher, Co-Chair of the Blue Ridge Bicycle Club. (See proclamation on file in the City Clerk's Office.) I I I I 389 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Parkway Wesleyan Church to establish a Comprehensive Sign Overlay District, pursuant to the provisions of Section 36.2~336, Code of the City of Roanoke (1979), as amended, for properties located between Belle Avenue, N. E., and Orange Avenue, N. E., more specifically identified as Official Tax Nos. 7110105 and 7110121, such district initially allowing the installation of one development identification sign located near the property frontage on Mexico Way, N. E., and one freestanding sign with an electronic readerboard located on property identified as Official Tax NO. 7110105, near its frontage on Orange Avenue, N. E., both such signs being subject to certain height area, facing and site restrictions, and cumulative square footage limitations, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April4, 2008 and Friday, April 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the request, advising that the application to adopt a Comprehensive Sign Overlay District on the subject properties is consistent with the City's Zoning Ordinance, the Comprehensive Plan, and the Hollins/Wildwood Area Plan; and by allowing the flexible use of the property's total freestanding sign allotment, a more appropriate signage system can be installed. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38064-042108) AN ORDINANCE to amend 936.2~ 100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to establish a Comprehensive Sign Overlay District within the City of Roanoke adjacent to Orange Avenue, N.E.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 234.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38064- 042108. The motion was seconded by Council Member Mason. 390 The Mayor inquired if there were persons present who wished to speak I in connection with the matter. Maryellen F. Goodlatte, Attorney, appeared before the Council in support of the petitioner. Chris Craft, 1501 East Gate Avenue, N. E., and Boyd Headley, 147 Estate Circle, N. E., appeared before the Council in support of the amendment. There being no additional speakers wishing to be heard on the matter, the Mayor declared the public hearing closed. Mayor Harris recognized Dr. John W. Ott, Pastor, Parkway Wesleyan Church and members of the congregation for their attendance in support of the amendment. There being no questions and/or comments by the Council Members, Ordinance No. 38064-042108 was adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HCirris--------------------------~-------------------------------------------------------------------------------E>. NAYS: Non e m_mnmn___m____________m_nn_m___________mm______________mn_______ 0 . I (Council Member Fitzpatrick was absent.) EASEMENT-WESTERN VIRGINIA LAND TRUST-CARVINS COVE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter CiS the matter may be heard, on the request of the City of Roanoke to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust to cover approximately 6,185 acres at the Carvin's Cove Natural Reserve. The easement consists of all the portion of the Reserve owned by the City that is above the 1,500, foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) I I I I 391 The City Manager submitted a written communication recommending execution of a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38065-042108) AN ORDINANCE authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust, granting to the Foundation and the Trust a conservation easement covering approximately 6,185 acres at the Carvins Cove Natural Reserve, consisting of all the portion of the Reserve owned by the City that is above the 1,500 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 236.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38065- 042108. The motion was seconded by Council Member Mason. The Mayor inquired if there were persons present who wished to speak in connection with the matter. Roger Holnbeck, Executive Director, Virginia Land Trust, President, Roanoke Appalachian Trail Club, appeared before Council in support of the Deed of Gift of Easement; and acknowledged members of the Roanoke Appalachian Trail Club and the Western Virginia Land Trust. Janet Shied, Vice-President, Virginia Land Trust, appeared before the Council in support of the conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust; and expressed appreciation to the staff of Virginia Outdoors Foundation and the Board of Trustees and staff of Western Virginia Land Trust for having worked tirelessly over the past year to bring this effort to fruition, as well as the City for having the foresight and courage to preserve this spectacular property. She also recognized Dr. M. Rupert Cutler for his persistence, persuasiveness and hard work over the past ten years. (See statement on file in the City Clerk's Office.) 392 Bob Lee, Warrenton, Virginia, appeared before Council to express his appreciation to the Council for its approval of the easement. Hank Hartz, Board Chair, Virginia Outdoors Association, appeared before Council in support of the approval of the easement and recognized Dr. M. Rupert Cutler for his involvement over the past ten years. I There being no additional speakers wishing to be heard on the matter, the Mayor declared the public hearing closed. Council Member Mason also recognized the City, Virginia Outdoors Foundation and Western Virginia Land Trust on its efforts in connection with the conservation easement at the Carvins Cove Natural Reserve. Mayor Harris also expressed appreciation to the Virginia Outdoors Association, Virginia Land Trust, and the City Attorney for his hard work and effort in drafting the agreements for the easement. He pointed out that American Electric Power has donated nearly 5,000 acres under easement and the City is placing 6,200 acres under easement; whereby approximately 11, 000 acres would be protected, and it is his desire to see all 12,000 acres under easement. He added that Carvins Cove Natural Reserve was the second largest municipal-owned Park land in the United States. There being no additional questions and/or comments by the Council I Members, Ordinance No. 38065-042108 was adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor Harris----~--------------------------------------------------------------------------------------~--------------E>. NAYS: Non ennnnn____nnnn__nnn_n___n_nnnn__nn__n____nn_nnn__nnnn_----0. (Council Member Fitzpatrick was absent.) CITY PROPERTY-EASEMENT-SEWERS AND STORM DRAINS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Farmer's Warehouse, Inc., owner of Official Tax Map No. 6520106, located at 3726 Thirlane Road to the City of Roanoke to vacate a City drainage easement running along its property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 11, 2008. I (See published affidavit on file in the City Clerk's Office.) I I I 393 The City Manager submitted a written communication recommending execution of the appropriate document to vacate the public easement on property identified as Official Tax Map No. 6520106 for construction of a PODS Storage Center. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38066-042108) AN ORDINANCE authorizing the vacation of a drainage easement on property identified as Tax Map No. 6520106, located on Thirlane Road, and owned by Farmer's Warehouse, 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. 72, page 237.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38066- 042108. The motion was seconded by Council Member Nash. The Mayor inquired if there were persons present who wished to speak in connection with the matter. Bob Crawford, representing Crawford Development Company, appeared before Council in opposition of the location of the proposed metal building that would be used for retro fitting 8x8 pod units. He expressed concern with regard to the facility being adjacent to his property known as the "Oaks", citing that the proposed use will cause a decline of the "Oaks". Inasmuch as Mr. Crawford was considering future expansion of his property, he urged the Council not to authorize the vacation of the drainage easement on the abovementioned property. There being no additional speakers wishing to be heard on the matter, the Mayor declared the public hearing closed. Council Member Wishneff inquired about the future of the project, if the Council denied the request; whereupon, the Assistant City Manager for Community Development, advised that the project would be denied, the developer could not build according to the plan as submitted to the City; and there would only be accessibility from Peters Creek Road/Interstate 581 and Interstate 581 /Hershberger Road. Council Member Wishneff also asked about the possibility of reconsideration if the request was denied; whereupon, Mr. Townsend advised that the City does not have the right to specify what can be built in a specific zoning district, except for historic districts. 394 Council Member Nash inquired if the easement would prohibit expansion or future development of the Oaks; whereupon, Mr. Crawford I advised that the easement would not inhibit future development, but it would be a deterrent. There being no further questions and/or comments by the Council Members, Ordinance No. 38066-042108 was adopted by the following vote: AYES: Council Members Nash, Trinkle, Lea, Mason and Mayor Harris---5. NAYS: Council Member Wishneff-um------m-m--m---m-mmuu---m-mmu1 . (Council Member Fitzpatrick was absent.) CITY-OWNED PROPERTY-SALE OF PROPERTY: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, April 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke to convey certain City-owned property to Sandra R. Reedy, designated as Roanoke County Parcel No. 089.00-03-35.00-0000, containing approximately 17.29 acres, located on Jae Valley Road in Roanoke County, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke I Times on Friday, April 11, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a deed of sale, and completion of the sale of the property to Sandra R. Reedy. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38067-042108) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of City owned property designated as Roanoke County Parcel No. 089.00-03-35.00-0000, located on Jae Valley Road in Roanoke County; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 238.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38067- I 042108. The 'motion was seconded by Mason. I I I 395 The Mayor inquired if there were persons present who wished to speak in connection with the matter. Sandra Reedy, 5251 Karr Rouse Road, appeared before the Council in support of the deed of sale. Mike Hall, 3993 Jae Valley Road, appeared before Council and spoke in support of the deed of sale between the City of Roanoke and Ms. Reedy. There being no additional speakers wishing to be heard on the matter, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38067-042108 was adopted by the following vote: AYES: Council Members Nash, Trinkle, Wishneff, Lea, Mason and Mayor HClrris~---------------------------------~-----------------------------------------------------------------------E). NAYS: Non e -------------------- -------------------------------------------------------------------0. (Council Member Fitzpatrick was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. PARKS-COMPLAINTS: Pam Forrest-Hurt, 1923 Hanover Avenue, N. W., appeared before Council and expressed concern with regard to the lack of maintenance and safety conditions in connection. with the tennis courts in Eureka Park. She added that the lights do not function at night and the Parks and Recreation had been Contact on several occasions. She urged the Council to have the matter investigated and to have some type of action taken to improve the courts. Charlene Graves, 2755 Kirkland Drive, N. W., appeared before the Council and expressed concern with regard to the condition of the tennis courts in Eureka Park, and provided a visual presentation. Jerome Hamm, 4228 Quail Drive, N. W., appeared before Council in connection with the disrepair of the tennis courts in Eureka Park. He indicated that the inner-city youth should have an opportunity to learn the sport in their neighborhood. 396 Council Member Lea commented that the tennis courts were in disrepair and requested that a commitment be made to improve the courts in Eureka I Park. He also commended the residents for their positive recognition of the attribute of tennis in the community. Council Member Mason requested that the City Manager investigate the concern expressed by the residents and report findings to the Council. Council Member Wishneff encouraged the speakers to attend the public hearing on the proposed fiscal year 2008-2009 budget scheduled for 7:00 p.m., on Thursday, May 1, and attend share their concerns about the lack of maintenance and disrepair of the tennis courts in Eureka Park. Council Member Nash advised that he too was appalled at the condition of the tennis courts in Eureka Park and hoped that the tennis courts would be considered for an upgrade. He also acknowledged Cornelius Poindexter, a great player and teacher of tennis, who was in attendance. There being no additional comments by the Council, and without objection by the Council, Mayor Harris referred the matter to the City Manager for follow up. At 5 :00 p.m., the recessed Council meeting held on Monday, April 21, I 2008, was reconvened on Thursday, May 1, 2008, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris, presiding. PRESENT: Council Members Alvin L. Nash, David B. Trinkle, Brian J. Wishneff, Sherman P. Lea, Gwendolyn W. Mason and Mayor C. Nelson Harris--6. ABSENT: Council Member Beverly T. Fitzpatrick, Jr._____mmm_____mmnm 1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. The invocation was delivered by Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. I I I I 397 SCHOOLS: The Mayor advised that on June 30, 2008, the three-year terms of office of David B. Carson and V. Mignon Chubb-Hale as Trustees of the Roanoke City School Board will expire; and the purpose of the reconvened meeting is to interview three candidates to fill the two upcoming vacancies on the Roanoke City School Board for terms of office of three years, each, commencing July 1, 2008 and ending June 30, 2011. He further advised that past actions of the Council to comply with the School Board selection process include: Advertisements were placed in The Roanoke Times and in The Roanoke Tribune soliciting applications for the two upcoming vacancies. Six applications were received in the City Clerk's Office prior to the 5:00 p.m. deadline on Friday, March 10, 2008. (See publishers' affidavits on file in the City Clerk's Office.) Applications were reviewed and considered at the regular meeting of Council on March 17, 2008, and a public interview was accorded to David B. Carson, Dolores Y. Johns and Lori E. Vaught to commence at 5:00 p.m., on Thursday, May 1 in the Council Chamber. Public hearing to receive views of citizens on the three abovementioned applicants will be held on Monday, May 5 at 2:00 p.m., or as soon thereafter as the matter may be heard; and appointment of the successful candidates will be announced at the regular meeting of the Council on Monday, May 19 at 2:00 p.m., or as soon thereafter as the matter be heard, in the Council Chamber. The Mayor advised that each candidate will be interviewed separately, out of the presence and hearing of the other candidates, the interview would consist of approximately 20 minutes and will be taped by RVTV Channel 3 to be replayed on Friday, April 27 at 7:00 p.m., and Sunday, April 29 at 4:00 p.m. THE FIRST PERSON TO BE INTERVIEWED WAS DAVID B. CARSON The following is a summary of comments by Mr. Carson regarding concerns expressed by Members of Council regarding certain areas of the school system: 398 Hoping that competition at the middle school level will include Roanoke County, City of Salem and other jurisdictions. Suggested moving athletics from the AAA division because of the amount of travel involved. Emphasized that the graduation rate was unacceptable and aggressive efforts would be taken to address the issue. I As of August 2007 the school system was responsible for ten tons of recyclables and as of March 2008, the tonnage had increased to 28 tons and the school division was attempting to reach far beyond 28 tons. New Superintendent of Schools' efforts within the division have been great and morale has improved. Pay periods have been changed from monthly to bi-weekly and anticipates a five percent raise across the board to all school employees. Foreign languages will be introduced in all elementary schools and Superintendent working closely with Virginia Western Community College to increase career and technical programs in the schools. Patrick Henry Phase II completion was on time and within budget as well as the stadium and rubberized track. William Fleming is on time and currently below budget. A buddy system whereby School Board Members and Council Members are paired to meet quarterly and discuss issues of mutual interest was created and is successful. I Length of the instructional day increased to six hours, with two different start times versus three. Shared services program for diesel fuel and healthcare saves the schools approximately $400,000.00 per year. A student with a valid 10 can ride Valley Metro for free; and last year, over 28,000 students rode the buses. Merge the grounds and maintenance services of City and schools. Opening of the former Forest Park School as a facility to help provide an opportunity for older students to graduate was a decision of the School Board to try to improve education. Forest Park kindergartens through second graders will attend Highland Park Elementary and a full-time reading coach, math coach, nurse, and guidance counselor will be added to the school's staff. All teachers will be hired by the principals of each elementary school. Hurt Park Elementary will receive a full-time nurse, reading coach, math coach, academic coach, guidance counselor, and Minds in Motion program. Roanoke Academy will receive an academic coach, teachers are subject to approval by the principal, and the school will also receive a new Xerox copy machine. I I I I 399 In closing, Mr. Carson reiterated that the drop-out rate within the school system was unacceptable, adding that there is a perception that it is acceptable in the community to drop out of school, rather than an expression that it is very important to receive a basic education. THE SECOND PERSON TO BE INTERVIEWED WAS DR. DOLORES Y. IOHNS Dr. Johns commented that she was a retired school administrator with 22 years of service; has four adult children who attended Roanoke City schools and three grandchildren currently enrolled in the City schools; taught at Addison High School; and supervised the Title 1 Program. She believed in the 'school system's motto of preparing for tomorrows future, today, and indicated some concerns that needed to be addressed, such as improving graduation rates, securing accreditation for schools, providing more instructional rigor for all students, recruiting and retaining highly qualified-diverse staff, and building stronger, more collaborative relationships with all stakeholders; and would bring several qualities to the Board to address said concerns, i.e.: budget writing, identifying skills, collaborating with principals, administrators and the community, etc. In conclusion, she stated that a strong public school system will help meet the need for continuous economic development for the City and the collective experiences can determine the best way to meet the goals; and she would like to be a part of the team that endeavors to reach the goals of the Roanoke City School System. What three things would YOU like to accomplish if appointed to the School Board? Completion of initiatives; continuation of the relationship between the School Board and the City Council; and establishment of a rigorous curriculum for alternative groups and children with special needs. What impact does the school system have on attracting people and business to Roanoke? . The schools play an important role because many families are interested in school systems that are excellent in developing students; and having a strong school system is the key to development. 400 What are your thouqhts on retaininq hiqhlv qualified teachers in the school I svstem? Recruit and provide training for incoming teachers; teachers have a challenge in the classroom and some students in this area have different needs coming from low socioeconomic status; and teachers need to understand and be trained to discern the behavior of students being taug ht. How would vou allocate school resources? Invest in programs that would help students develop and grow. Review and consider programs in action prior to purchasing additional ones. What factors do vou believe will decrease the drop-out rate? The environment and support of the students is important. If students are not motivated, they will not come. The effort should be made to use innovative approaches to corral students and harvest their interest. Many children do not have encouragement and the environment is not conducive to success. How would vou address issues of student conduct? I Policies must be clear to students that their behavior should be exemplary at all times. Teachers and staff need to be supported and not allow bad behavior by the students. Curriculum changes might help to alleviate some of the behavior problems. THE THIRD PERSON TO BE INTERVIEWED WAS LORI E. VAUGHT Ms. Vaught advised that she has a great understanding of Roanoke and Roanoke City Public Schools. She added that she is a Roanoke native and attended Preston Park, James Breckinridge, and William Fleming Schools. She has volunteered within the school system. She further advised that she was instrumental in drafting a system-wide Emergency Preparedness Plan, which was adopted by the School Board. She was pleased to report that the "ABC's of Roanoke" book prepared by the PLATO centers was in draft format. She added that the participation gives her insight to be able to make the tough decisions facing the schools and to ensure that every student receives a quality education in a safe environment. I 401 I She indicated that she would like to strengthen the partnership between the schools, school administration, parents, City Council and the community. She emphasized that the focus should be on each student in order to recognize their individual styles and needs to help foster the child to set and achieve future goals. In conclusion, she reiterated her experience, passion, and drive to foster the partnerships and to see that the schools and students are successful. What impact does the school svstem have on attractinQ people and business to Roanoke? Strong school system to attract businesses to the Valley. What are vour thoughts on retaining highlv Qualified teachers in the school svstem? Teachers should understand what other things the Valley has to offer; make sure the pay scale is competitive; and support the teachers with classroom management and continuing education. I How would you allocate school resources? Place more funds to pay teachers. What factors do YOU believe will decrease the drop-out rate? The Phoenix Academy was a good solution to help retain students that may have been lost, as well as Virginia Western's technical program. Students must be engaged and the whole child must be looked at, not assumptions. What three thinQs would vou like to accomplish if appointed to the School Board? Discipline and safety issues resolved, and greater partnerships between businesses and schools. How would vou address issues of student conduct? I The classroom instructors need to look at the whole child. Understanding the whole child makes it easier to handle the child in class. A wonderful program was already in place to deal with the whole child at Hurt Park Elementary offering an individualized approach. 402 At 5:55 p.m., the Mayor declared the meeting in recess until 7:00 p.m., I at which time the Council will conduct public hearings to receive citizen comments on the proposed 2009 Fiscal Year Budgets for the City of Roanoke and HUD Funding, real property tax levies, and City Code amendment to provide a fee for administration of all land disturbing permits. The recessed meeting of the Roanoke City Council was reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., with Vice-Mayor David B. Trinkle presiding. PRESENT: Council Members Alvin L. Nash, Brian J. Wishneff, Sherman P. Lea, Gwendolyn W. Mason and Vice-Mayor David B. Trinkle----nnn6. ABSENT: Council Member Beverly T. Fitzpatrick, Jr., and Mayor C. N e I so n H arri s _____________nn______________n_________u______nn___________________u_____n________ 1 . The Vice-Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney, Jesse A. Hall, Director of Finance, and Stephanie M. Moon, City Clerk. The invocation was delivered by Vice-Mayor Trinkle. I The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Trinkle. The Vice-Mayor advised that the purpose of the recessed meeting was to conduct public hearings on the proposed Recommended Fiscal Year 2008- 2009 City budget, Recommended 2008-2009 HUD Funds Budget; proposed real property tax levies; and a City Code amendment to provide a fee for administration of all land disturbing permits. BUDGET: The City Clerk having advertised a public hearing. for Thursday, May 1, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the recommended 2008-2009 City Budget, in the amount of $259,894,000.00, the matter was before the Council. I I I I 403 The total General Fund Budget for fiscal year 2008-2009 is $259,894,000.00 - Enterprise Funds: Civic Facilities Fund - $4,910,100.00, Parking Fund - $2,934,960.00, Market Building Fund - $321,500.00; Internal Service Funds: Fleet Management Fund - $7,779,080.00, Risk Management Fund - $15,065,188.00, Technology Fund - $7,479,328.00; and School Fund: $148,262,800.00. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 22, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The Vice-Mayor inquired if there were persons present who would like to speak on the matter. Donald Caldwell, Commonwealth Attorney, appeared before the Council and expressed concern with regard to a budget reduction of $60,000.00 for his office. He urged the Council to reconsider the budget cut because he would have to eliminate a position which is directly service-oriented that is unique and skilled. He suggested that funds be shifted from other positions such as public information officers within certain departments. Octavia Johnson, City Sheriff, appeared before the Council with regard to reduction in the budget for the Sheriff's Office. She expressed concern about the safety and security of the Roanoke City Sheriff's Office, Jail and Court Services. She indicated that the loss to the City would be far greater than the cost of maintaining the positions. (See written statement on file in the City Clerk's Office) Pam Forrest-Hurt, 1923 Hanover Avenue, N. W., appeared before the Council and urged the Council to consider funding for replacement of the Eureka Park tennis courts, which would benefit the community and introduce the game to the neighborhood, as well as allow Eureka Park to become a tournament facility again. The following individuals appeared before the Council in connection with budget reductions in the Fire-EMS Department which would eliminate staff positions within the Fire stations: 404 Ernest Brown, 125 Preston Avenue, N. E. Jeff Beckner, 329 Humbert Road, Troutville, Virginia Craig Sellers, 3616 Manassas Drive Kent Mclllhany, 3006 Sleeky Ridge Road Scott Heatherington, 5151 Wipledale Avenue Doug Rorrer, 1742 Memorial Avenue, S. W. Rhett Fleitz, 2940 Windrush Lane, N. E. Todd Stone, 1747 Three Otters Road, Bedford, Virginia Rodney Jordan, 20 Rockhaven Lane, Boones Mill, Virginia I Cheryl Ramsey, 2715 10th Street, N. W., appeared before the Council in opposition of the proposed closure of the Addison Fitness Center. (See written statement of file in the City Clerk's Office.) Valerie Garner, 2264 Mattaponi Drive, N. W., appeared before Council in opposition of the proposed budget cuts for Fire/EMS Department and commented about the amount of homes being built in the City and the need for citizens to feel safe. There being no further speakers, the Vice-Mayor declared the public hearing closed. I BUDGET-GRANTS: The City Clerk having advertised a public hearing for Thursday, May 1, 2007, at 7:05 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the recommended 2008-2009 HUD Funding Budget, in the amount of $3,678,472.00, the matter was before the Council. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 22, 2008. (See publisher's affidavit on file in the City Clerk's Office.) A summary of the recommended fiscal year 2008-2009 HUD Funding Budget is as follows: I I I I 405 REVENUES ESTIMATES: CDBG 2008-2009 Entitlement Grant CDBG 2008-2009 Program Income CDBG Prior Year Carry-over and Excess Program Income HOME 2008-2009 Entitlement Grant HOME 2008-2009 Program Income 2008-2009 Local Funds for HOME Match HOME Prior Year Carry-over and Excess Program Income ESG 2008-2009 Entitlement Grant TOTAL HUD REVENUE $1,844,422.00 436,173.00 150,324.00 684,386.00 25,000.00 92,000.00 364,357.00 81.810.00 $3,678,472.00 RECOMMENDED EXPENDITURES: Housing Development Neighborhood, Community and Economic Development Human Services (including Homeless Assistance) TOTAL RECOMMENDED EXPENDITURES $2,409,404.00 849,849.00 419.219.00 < $3,678,472.00 (Inasmuch as Blue Ridge Housing Corporation receives HUD funding, Council Member Nash did not participate in the public hearing.) The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, the Mayor declared the public hearing closed. At 8:00 p.m., the Vice-Mayor declared the meeting in recess to be reconvened for a public hearin.g on the City's real property tax levies and tax rate for fiscal year 2008-2009. The Vice-Mayor declared the existence of a quorum. (Council Member Fitzpatrick and Mayor Harris were absent.) BUDGET-TAXES: The City Clerk having advertised a public hearing for Thursday, May 1, 2008, at 7: 10 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to "effective tax rate increase", for fiscal year 2008-2009, the matter was before the Council. (See publisher's affidavit on file in the City Clerk's Office.) 406 Summary of the proposed real property tax increase is as follows: I Assessment Increase: The total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year's total assessed value of real property by 3.04 percent. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $1.1 5 per $100.00 of assessed value. This rate will be known as the "lowered tax rate". ~ Effective Rate Increase: The City of Roanoke proposes to adopt a tax rate of $1.19 per $100.00 of assessed value. The difference between the lowered tax rate and the proposed tax rate would be $.04 per $100.00 or 3.48 percent. This difference will be known as the "effective tax rate increase". Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. Proposed Total Budqet Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Roanoke will exceed last year's by 3.4 percent. I The Vice-Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, the Vice- Mayor declared the public hearing closed. At 8:02 p.m., the meeting was declared in recess to be reconvened for a public hearing to consider an amendment to the City Code to provide for a fee for administration of all land disturbing permits. CITY CODE-PERMITS: The City Clerk having advertised a public hearing for Thursday, May 1, 2008, at 7: 15 p.m., or as soon thereafter as the m.atter may be heard, to consider an amendment to the Code of the City of Roanoke (1979), as amended, providing for a fee of $100.00, plus $50.00, per acre, for the administration of all land disturbing permits, the matter was before the Council. (See publisher's affidavit on file in the City Clerk's Office.) I 407 I The Vice-Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, the Vice- Mayor declared the public hearing closed. There being no further business, the Vice-Mayor declared the Council meeting adjourned at 8:05 p.m. APPROVED ATTEST: rn.~ Stephanie M. Moon, CMC City Clerk c~ C. Nelson Harris Mayor I I 408 ROANOKE CITY COUNClL~REGULAR SESSION I May 5, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, May 5, 2008, at 9:08 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris 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, and pursuant to Resolution No.37817-070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Members David B. Trinkle (arrived late), Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea, Gwendolyn W. Mason, Alvin L. Nash and Mayor C. Nelson Harris-7. ABSENT: None-O. The Mayor declared the existence of a quorum. I The Mayor advised that the purpose of the meeting was to conduct a joint meeting of Council and the Roanoke City School Board. SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Suzanne P. Moore, Courtney A. Penn, Todd A. Putney, and Chairman David B. Carson-5. ABSENT: School Trustee V. Mignon Chubb-Hale-1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Steph~nie M. Moon, City Clerk; and Sheila N. Hartman, Deputy City Clerk. ' Representing the Roanoke City Public Schools: Dr. Rita D. Bishop, Superintendent; Cindy H. Poulton, Clerk to the Board; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel. At this point, Council Member Wishneff entered the meeting (9: 11 a.m.) At this point, Vice-Mayor Trinkle entered the meeting. (9: 12 a.m.) I 409 I COUNCIL-SCHOOLS: Mayor Harris welcomed School Board Members, the Superintendent of Schools and members of the School administration; and congratulated Dr. Bishop on her return to the City as School Superintendent. He advised that this would be the last meeting with the current City Council and the current School Board and expressed appreciation to Ms. Chubb-Hale, in her absence, for her service on the School Board. Chairman Carson expressed appreciation for the opportunity to meet with Council, and he too recognized the services of Ms. Chubb-Hale, noting that she was unable to attend the meeting due to a work conflict. He commented that the School Board was aware of issues caused by decreased revenue and increased budget demands on the City and expressed appreciation for the Council's support through increased funding for education. Fiscal Year 2008-2009 School Budget I Curt Baker, Deputy Superintendent for Operations, presented an overview of the Fiscal Year 2008-09 School Budget which was submitted to the Council in March 2008, and commented on key milestones as part of the budget development cycle. He advised that the line item budget would be finalized and presented to the School Board for endorsement at its regular meeting on Tuesday, May 13. He explained the process for developing the line item budget with a focus on position control, a new chart of accounts, identification of new funds, and prioritized core initiatives. He indicated that the position control system allows the Division to evaluate and determine whether positions are appropriately staffed in all areas within the school system; the new chart of accounts provide financial transparency and establishes each fund as its own corporate entity which will allow the Division to the break out of specific funds for athletics and student activity with greater clarity. Mr. Baker highlighted the following new core initiatives: . Staff improvement = $5 million, which includes a five- percent salary increase for employees; . Address graduation rate by establishing the overage/under-credited student academy = $1.5 million (incremental cost); I 410 .' . Teaching and Learning Initiatives = $1.38 million, which includes norm reference testing, reading and math coaches, remediation allocation at four middle schools, middle school honors program, enhanced preschool, and elementary Spanish; . Transportation = $815,000, which includes bus replacement and driver training; Capital Maintenance and Equipment Replacement funds in the amount of $71 5,000 will be used to fund this initiative; I . Safety = $100,000 for upgraded analog radios; . Technology = $500,000, which includes an upgrade to eSchoolPlus and year one lease replacement for more than 1,000 work stations; and . Facilities = $2.75 million; Capital Maintenance and Equipment Replacement funds totaling $2.5 million will be used to fund roof replacement projects. I Mr. Baker stated that the Roanoke City Public Schools will comply with new legislation which requires State and local governments to account for and report costs associated with Other Post-retirement Employee Benefits (OPEB) and the estimated cost is $1.3 million. Overview of School Board Priorities Chairman Carson reviewed the following key initiatives that were identified by the Board at its August retreat and noted some of the efforts that were underway: . Increase graduation rate (past 17 years were in the 50-60 percentile) and address student achievement; . Safe schools - Installation of rapid parent notification system throughout the Division, installation of building access systems and defibrillators in schools; I 411 I . Attract, train and retain the best teachers to our urban division - the Superintendent has taken recruiting to a higher level establishing closer relationships with colleges and universities; stabilized the early retirement program (EROP); and the Division has moved to two pay periods per month for all staff; and . Be good stewards of resources - both in terms of money received and spent. Chairman Carson expressed sincere appreciation to City Council and the City Administration for their support and assistance given to the School Board, Superintendent and the Roanoke City Public Schools. Uodate on Funding Committee I Vice-Chairman Bingham thanked the Council for their commitment to the Division and stated that there are current measurable outcomes as a result of the joint efforts, particularly cooperative efforts between the City Manager and Superintendent of Schools; and called upon Mr. Baker for comments on the partnering efforts currently underway. Mr. Baker stated that efforts were being made to coordinate or combine services where feasible as well as provide time for discovery when the answers are not as clear. He also noted the following successes: I . Student ridership on Valley Metro is running 30,000 per month, and new starting times at the schools commencing in September will permit the school bells to better align with the Valley Metro schedule; . Recycling program has an increased commitment on the part of schools, and recognized School Board Member Suzanne Moore for her role in better educating the schools; . Upgrades to the School's radio system has been facilitated by the City; . Provision of vehicle repair services for School vehicles by City; use of the refueling center has been highly successful; 412 . Sharing of equipment usage where appropriate; purchasing of surplus vehicles, and other cooperative purchases; and . City's commitment of resources for upgrades to the emergency shelter facilities at the high schools. I He further stated that efforts would continue to build upon the abovementioned successes, including continued discussions with the City's Department of Parks and Recreation for grounds maintenance as well as a close review of the facilities maintenance organization for possible transfer of responsibility to the City. Mr. Baker expressed appreciation to the Director of Finance and Information Technology as the Division moved forward with implementing a new pay period and new financial system for the schools, effective July 1; and to the City Manager for allowing a City staff member to oversee the Schools Facilities Maintenance organization. Uodate on Facilitv Committee: School Board Trustee Penn extended his appreciation to the City Manager and Council Member Gwen Mason for their assistance with said process and stated that the Division continues with its deliberate process of evaluating school facilities for future enhancement, which is currently in its second phase, which is guided by directives and major parameters established by the School Board in order to make challenging decisions to ensure safe and equitable facilities, that existing space is maximized for efficient use that is equitable across the schools, and to provide necessary programs to ensure student success. He called on Mr. Baker to report on steps taken in connection with the process. I Mr. Baker added that facilities consultants from Eperitus evaluated the schools' capacity as part of the first phase and the second phase focuses on development of scenarios and community engagement that will assist the School Board in making difficult decisions with regard to policy based upon solid information. Mr. Penn also remarked that a facilities master plan will be developed from the process and information gathered from the facilities study will be used to guide the development of the Capital Improvement Plan in order for the Division to adequately plan for its facilities in the future. At this point, Council Member Lea left the meeting. I 413 I Overview of Academic Initiatives The Superintendent of Schools acknowledged that the budget was simply the instructional program expressed in dollars and stated that the school system is lacking millions of dollars in grant funds, but was optimistic about the approval of a $500,000.00 grant application that will provide funds to conduct a safety audit; and emphasized that by partnering with Total Action Against Poverty, the Schools were able to write a $6.7 million grant. She also commented about an upcoming meeting with the State Superintendent regarding graduation rates across the Commonwealth. Dr. Bishop presented an overview of the School's priorities, which included efforts that focus on school safety; the overage academy to be located at the former Forest Park Elementary School; a new middle school honors program; expanded high school and career/technical accelerated offerings; expanded fine arts, preschool and ELL/world language programs; implementation of K-12 literacy project; principals' summer leadership academy; assessor institute; teacher leadership initiatives; and enhanced instructional programming. I In closing, the Superintendent indicated that all efforts would focus on the Schools' number one priority - - increase the performance of all students. (For full text, see copy of document on file in the City Clerk's Office.) Comments by the Council Members and School Board Trustees: I Council Member Wishneff remarked that everyone was in agreement with the need for an alternative program, but questions the location selected and asked the City Attorney whether the Council had a role in the process; whereupon, Mr. Hackworth opined that the School Board has authority over the use of the facilities designated by the City for educational use. Council Member Wishneff suggested that the issue of closing Forest Park Elementary School be included in the proposed legislative package. He also inquired as to the age students were permitted to opt out of school; whereupon, the Superintendent responded that students are not opting out, but simply leaving school, and the Division must improve in order to meet the more stringent graduation rate requirements anticipated as part of No Child Left Behind. Council Member Wishneff stated that he appreciated the Chairman's comments during his interview for reappointment that a student's driver's license be tied to school success and suggested that said idea be pursued with the state legislators. 414 Vice Mayor Trinkle expressed appreciation to the Board regarding the manner in which it made the recent difficult decisions and for having the necessary information to make the decisions, and he also commended the Division for using the rapid parent notification system. He inquired as to whether there was funding for the arts program in the proposed school budget; whereupon, Mr. Baker responded that a portion of the budget is allocated for fine arts. The Vice-Mayor asked if those students who move out of the area were counted against the graduation rate; whereupon, the Superintendent explained that if a student leaves the area and the accumulative record is not requested within 45 days, the student is counted as a dropout, adding that the Division must do a better job of tracking this type of data. I Council Member Mason recognized the efforts of Mayor Harris and Chairman Carson to ensure a more cooperative working relationship between the City and Schools, pointing out the benefits of having the joint committees, and asked the Superintendent to explain the human resources function relative to principal assessment and the Division in general; whereupon, the Superintendent stated that all tools used for employee evaluations would be revised and all evaluators trained regarding the process. Dr. Bishop also noted that the Division plans to have an expert come in late June to provide training to principals on how to work with teachers. I Mr. Putney added that the goal is to make the principal role the best job in the Division in order to accomplish the Board's goal to improve the entire Division. Council Member Nash congratulated his former Board colleagues on what had been accomplished during the past school year, noting many of the issues had been points of discussion for sometime; and recognized the leadership of Chairman Carson. Several members of the School Board expressed appreciation to the Council and City Manager for their support. In closing, the Chairman stated that the School Board had addressed several critical issues during the school year and would be implementing new starting times for the opening and closing of schools I in 2008-2009 and would be opening the over-age academy with the expectation to immediately improve the graduation rate, noting that the 415 I Board does not have the luxury of time to delay actions to address the graduation rate. He added that the Board's decision to conscientiously disrupt children was extremely difficult for everyone, however, the Board will move forward with the expectation that the decision is in the best interest of all of the children. He added that he looked forward to the upcoming joint meeting with the Council in August. Mayor Harris stated that in order to make dramatic changes which impact the School system, bold and courageous decisions must be made, and he supports the Board's difficult decisions which were made in the best interest of the school division. On behalf of the Council, the Mayor expressed appreciation to the School Board and staff for meeting with the Council to discuss issues relating to the fiscal year 2008-2009 budget. There being no further business, at 10:34 a.m., the Chair declared the meeting of the School Board adjourned. At 10:34 a.m., the Mayor declared the Council meeting in recess. I At this point, Council Member Fitzpatrick entered the meeting. (10:35 a.m.) The meeting of Roanoke City Council reconvened at 10:40 a.m., in Room 159, with Mayor Harris presiding and all Members of the Council in attendance, with the exception of Council Member Lea. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. I 416 BRIEFINGS: I Art Museum Update Georganne Bingham, Executive Director, expressed appreciation for the City's cooperation and support of the Art Museum of Western Virginia, and advised that the Atrium in the new building will be named in honor of the City of Roanoke. She further advised that the building was approximately 90 percent complete and offered to give the Council another tour of the building. She commented on the special exhibition galleries being created to properly display the art, culture and heritage, music and fine crafts of the southwest region, as well as various activities planned for the future. She indicated that information on the Art Museum has been released by the Associated Press all over the country and Canada, and calls are being received from tour directors wanting to organize tours to Roanoke and the region, as well as museum directors interested in developing their facilities for the 2151 Century. Ms. Bingham requested that the Art Museum be permitted to have painted a mural on a City-owned retaining wall adjacent to Salem Avenue and Williamson Road for artists to paint different works every six to nine months. She distributed information relating to the Taubman Museum of Art. I (See copy of documents on file in the City Clerk's Office.) The Director of Public Works interjected that the City had agreed to coat the face of the wall with a sealer and provide lighting in the area where the "public mural" is to be located. Ms. Bingham stated that future parking and sidewalk access is planned along Norfolk Avenue, and museum staff and security personnel will be provide assist to persons using the facilities. Inasmuch as a portion of the retaining wall in question is considered an encroachment, the City Manager advised that the City Attorney would be preparing the appropriate document for official action by the Council to allow use of the wall for said purpose. I 417 I Comments Council Member Fitzpatrick asked if said portion of the wall could be used in the future for drawings and paintings by children, and whether or not the surface to reflect the sky and clouds was complete, because it did not appear to be reflective. Ms. Bingham stated that the Museum could give consideration to doing something under the viaduct, and noted that security cameras would be monitoring the area 24 hours a day. With regard to the reflective surface, she was of the opinion that it would be easier to see the reflection of the sky and clouds from an elevated position, rather than the street. Council Member Nash stated that he supported the use of the retaining wall and would appreciate a tour of the facilities. He inquired about the color of the coating for the retaining wall; whereupon Mr. Bengtson advised that the coating it would be a "muddy grey", same color as the concrete on the Martin Luther King Jr. Bridge. I Vice-Mayor Trinkle expressed his concerns about the vandalism component of the wall; whereupon Ms. Bingham commented that deterring vandalism will be a challenge, but she indicated that there would be seven to eight security cameras would be located outside of the building to cover said area, along with security personnel 24-7. Council Member Wishneff called attention to a modern museum in Chicago with exhibits on the front lawn that rotate, and asked if the Art Museum had given thought to such an idea; whereupon, Ms. Bingham stated that consideration is being given to utilizing some green space across from Market Street which will allow for some rotation of art and sculpture. Following comments by the Council, Mayor Harris expressed appreciation to Ms. Bingham for providing a progress report on the new Art Museum. I 418 Rorer Avenue Substation Expansion Proiect (APCO) I Robert K. Bingston, Director of Public Works, advised that Appalachian Power Company would soon begin installation of their Seventh Street Substation near the intersection of Rorer Avenue and Seventh Street, S. W., and excavation for the underground electric duct bank would occur over the next six months. He added that a variety of lane closures and temporary disruption of parking would also occur as the year progresses; and construction of the new parking deck will need to be staged accordingly. At this point, Council Member Wishneff left the meeting (11:10 a.m.). Comments Council Member Fitzpatrick asked if all power lines could go underground in the Salem and Campbell Avenue area, and if future expansion could be facilitated in this project; whereupon, it was stated that certain existing overhead feeders would have to remain in their present locations for now, however, once the project is completed, certain network feeders on Seventh Street may be reused to serve commercial-type buildings on the eastern side, adding that the process could be very complicated. I Council Member Nash asked for an explanation of the term "duct bank"; whereupon, it was explained that the term meant a trench in the ground, whereby conduits would be laid in certain configurations, encased in concrete in order to be protected from excavation, all of which would provide a boost of a more readily available supply of electricity for the growth and demand in the downtown area. There being no additional comments by the Council, the Mayor expressed appreciation to the representatives of Appalachian Power Company for the presentation. I 419 I Lick Run Greenway - Phase III Donnie Underwood, Parks and Greenway Planner, gave an overview on Phase III of the Lick Run Greenway Project, stating that a feasibility study was conducted to determine the best future destination for a linear park to William Fleming High School. Mr. Underwood commented that Alta Planning, a nationally renowned trail and greenway planning group, and Charlie Dennying, Project Manager, were working in conjunction with the City's planning team to provide the Council with a recommendation in the fall of 2008. The City Manager stated that several hotels located in the vicinity of the high school have expressed an interest in having the greenway continue over in the area in order to provide an amenity to the registered guests and had also wanted copies of maps so that guests could be directed to the downtown area, perhaps rent a bicycle and make use of the greenway trails. Comments I Council Member Nash requested that copies of the greenways and layouts be forwarded to the Council. Vice-Mayor Trinkle asked if the proposed greenway would connect to the Carvins Cove greenway; whereupon, Mr. Underwood advised that the Tinker Creek greenway would provide more of a direct route to the Cove. There being no additional comments by the Council, the Mayor expressed appreciation to Mr. Underwood for the presentation and recognized Elizabeth Belcher, Roanoke's Greenway Coordinator. COMMITTEES-CITY COUNCIL: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. The Mayor asked that the request for Closed Meeting be withdrawn and that the matter be discussed during the 2:00 p.m., session; whereupon, Council concurred in the request. I At 11 :25 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the Council Chamber. 420 At 2:00 p.m., on May 5, 2008, the Council meeting reconvened in I the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. PRESENT: Council Members David B. Trinkle, Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, Alvin L. Nash, and Mayor C. Nelson Harris-7. ABSENT:-O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Sheila N. Hartman, Deputy City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT: Council Member Mason offered the I following resolution commending the Honorable John Brownlee, U.S. Attorney for the Western District of Virginia for his service and dedication to the safety and welfare of the citizens of the City of Roanoke. (#38068-050508) A RESOLUTION commending the Honorable John Brownlee. (For full text of resolution, see Resolution Book No. 72, page 239.) Council Member Mason moved the adoption of Resolution No. 38068-050508. The motion was seconded by Council Member Lea. Council Member Lea expressed appreciation to Mr. Brownlee for his work in the southwestern region, recognizing the importance of the work that he has done and is of the opinion that he has been a tremendous asset to the Roanoke community. There being no additional comments by the Council Members, Resolution No. 38068-050508 was adopted by the following vote: I 421 I AYES: Council Members Trinkle, Fitzpatrick, Lea, Mason, Nash, and Harris-6. NAYS: None-O. (Council Member Wishneff was not present when the vote was recorded.) PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a proclamation to Chief Joe Gaskins, Roanoke City Police Department, declaring May 11-17, 2008, as National Police Week, and May 15, 2008 as Peace Officers' Memorial Day. (See ceremonial copy of proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT-POLICE: Leonard G. Cook, Director of the Criminal Justice Services Board, appeared before the Council in connection with a presentation to Chief of Police Joe Gaskins. I PROCLAMATIONS-RECREATION: Barbara N. Duerk, Advocacy Chair, Blue Ridge Bicycle Club of Virginia, Inc., appeared before the Council to present a Certificate of Recognition signed by the Honorable Tim Kaine, Governor of Virginia, declaring May 2008 as Bike Month to the Mayor. (See proclamation on file in the City Clerk's Office.) PROCLAMATIONS-CITY CLERK: The Mayor presented a proclamation to the City Clerk declaring May 4 - 10, 2008, as Municipal Clerks Week. (See proclamation on file in the City Clerk's Office.) At this point, Council Member Wishneff entered the meeting (2:25 p.m.). CONSENT AGENDA I 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. 422 MINUTES: Minutes of the regular meeting of Council held on I Monday, February 4, 2008, recessed until Friday, February 15, 2008, and regular meeting of the Council held on Tuesday, February 19, 2008, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Mason moved that Council dispense with the. reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Fitzpatrick, Lea, Mason, Nash, and Harris-7. NAYS: None-O. STREETS-ENCROACHMENTS: A communication from the City Manager requested that Council schedule a public hearing for Monday, _ May 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to an encroachment for a public right-of-way at Market Street and Norfolk Avenue, S.E., was before the body. (See communication on file in the City Clerk's Office.) I Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Fitzpatrick, Lea, Mason, Nash, and Harris-7. NAYS: None-O. COMMITTEES-PARKS AND RECREATION BOARD: A communication from the City Clerk advising of the resignation of Sherley Stuart as a member of the Parks and Recreation Advisory Board, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion was seconded I by Vice-Mayor Trinkle and adopted by the following vote: 423 I AYES: Council Members Trinkle, Wishneff, Fitzpatrick, Lea, Mason, Nash, and Harris-7. NAYS: None-O. YOUTH-HOTEL ROANOKE AND CONFERENCE CENTER-FINANCE: A communication from Director of Finance tendering his resignation as the Council representatives to the Hotel Roanoke Conference Center Commission and the Roanoke Valley Juvenile Detention Commission, effective June 30, 2008, was before the Council. (For full text, see communication on file in the City Clerk's office.) Council Member Mason moved that the resignations be accepted, and the communication be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Wishneff, Fitzpatrick, Lea, Mason, Nash, and Harris-7. I NAYS: None-O. HOUSING (FAIR HOUSING BOARD): Report of qualification of Adam Markwood as a member of the Fair Housing Board, to fill the unexpired term of Tuan Reynolds, ending March 31, 2009, was before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Mason moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the folloWing vote: AYES: Council Members Trinkle, Wishneff, Fitzpatrick, Lea, Mason, Nash, and Harris-7. NAYS: None-O. I 424 REGULAR AGENDA I PUBLIC HEARINGS: SCHOOL: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 5, 2008, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to appointment of two Trustees to the Roanoke City School Board for three- year terms of office, commencing July 1, 2008 and ending June 30, 2011, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 25, 2008; and in The Roanoke Tribune on Thursday, April 24, 2008. (See publishers' affidavits on file in the City Clerk's Office.) Applications were submitted by David B. Carson, Dolores Y. Johns and Lori E. Vaught. The Mayor inquired if there were persons present who would like to speak in connection with the matter; whereupon, the following persons I addressed the Council: Dudley Woody, 3814 Heatherton Road, appeared before the Council in support of Lori E. Vaught as a School Board Trustee, stating that he has known Ms. Vaught for a number of years; and worked for him as a Paralegal for 17 years at the law firm of Woods Rogers. He added that she is intelligent, has an appropriate knowledge base, is a take charge kind of person, trustworthy and dedicated. In closing, Mr. Woody indicated that she is a devoted mother, served on the Gifted Committee for the Roanoke City Public Schools, has the time to devote to the School Board, and urged Council to give the application serious consideration. Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council in support of David B. Carson for reappointment as a School Board Trustee, noting that he has been involved with the Roanoke City School PTAs for the past three years, and Mr. Carson has done an exceptional job as the School Board Chairman. He mentioned that teacher and employee moral has never been better and urged the Council to reappoint Mr. Carson so that he may continue the forward progress of the Roanoke City Schools. I 425 I Duke Curtis, 1309 Guilford Avenue, N. W., appeared before the Council in support of Dr. Dolores Y. Johns for appointment as School Board Trustee, stating that Dr. Johns is the epitome of education advocacy, in every aspect of her life she has been committed to educational activities. He noted that she began her career in her early 20's teaching at the elementary and high schools, community college and Virginia Tech, and he was of the opinion that she would be an asset to the Roanoke City Public Schools if appointed. Mr. Curtis emphasized that this was his second appeal before the Council on behalf of Dr. Johns' appointment to the School Board because he felt that she would be an excellent choice, citing that she fully understands the needs of the students, teachers, principals and all that it takes to provide a quality education system. He pointed out that her children were educated in the City school system and have continued their education at Virginia universities. He recommended Dr. Johns for the School Board appointment because she has the tools, skills, wisdom and knowledge to be a great School Board member. I Alice Johnson, 1616 Mercer Avenue, N. W., appeared before the Council in support of Dr. Dolores Y. Johns, stating that she has known Dr. Johns for many years and worked with her through the Roanoke Redevelopment and Housing Authority, and has found her to be a person who listens, has integrity, dignity and honor, is reliable and friendly, and makes a difference in the lives of people that she comes in contact with. Ms. Johnson was of the opinion that Dr. Johnson would be an asset to the School Board, and would exercise good judgment when making decisions for the betterment of the Roanoke City School. I Rita Gliniecki, Chair, Blue Ridge Behavioral Healthcare Board of Directors, appeared before the Council in support of Dr. Dolores Y. Johns, stating that Dr. Johns was formerly the Title I Director for Roanoke City Public Schools for many years, and the value of her career experience is self evident, but she wanted to emphasize her value as a consensus builder. Ms. Gliniecki stated that Dr. Johns is a peace maker, a voice of the community and one who offers the wisdom that comes from embracing a full life; Dr. Johns has served three terms on the Blue Ridge Behavioral Healthcare Board of Directors, and she has served with Dr. Johns on many committees. 426 Ms. Cliniecki indicated that Dr. John has the ability to read people I quickly and accurately, listens and thinks before she speaks, and is inherently thoughtful and caring; and she highly recommends Dr. Johns for appointment to the Roanoke City School Board. Kay Hale, Director of West End Center for Youth, appeared before the Council in support of Lori E. Vaught, stating that she has known and worked with Ms. Vaught for six years on the Roanoke City Public School Safety Advisory Committee; and during that time, there was a lot of work to be done with regard to safety issues touted within the school system. Ms. Hale mentioned that she has found Ms. Vaught to be reliable and committed to whatever task she takes on, and if appointed, she will be representing the Williamson Road area which has traditionally been unrepresented on the School Board. She further stated that Ms. Vaught understands the system functions, but has also developed a relationship with a lot of the administrative staff and has helped to develop a crisis plan for the Roanoke City School system in the event of a tragedy. She added that Ms. Vaught's children attended Roanoke City Schools, she is low key and easy to work with, listens to others and is always thoughtful about what she says. In closing, Ms. Hale remarked that Ms. Vaught has many ideas for improving the schools, particularly by working in cooperation with other agencies and entities in the community; and she urges the Council to select Ms. Vaught to serve on the Roanoke City School Board. I There being no further speakers, the Mayor declared the public hearing closed, and stated that the appointments would be made at the May 19, 2008 Council meeting. He also recognized Lori E. Vaught and Dr. Dolores Y. Johns who were present at the meeting and expressed appreciation for their willingness to serve. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: NONE. CITY MANAGER: BRIEFINGS: NONE. I 427 I ITEMS RECOMMENDED FOR ACTION: NONE. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of March 2008. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance highlighted the revenues through March 2008, and gave a summary of the financial report. Without objection by the Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. I MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY COUNCIL: Council Member Mason expressed appreciation to Downtown Roanoke, Inc. (DRI), for sponsoring the downtown cleanup event that was held on Sunday, May 4. She requested that the City Manager forward the names of vendors inquiring about outdoor ashtrays to DRI. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: VIRGINIA MUNICIPAL LEAGUE-COMMITTEES: The Mayor advised of the following City of Roanoke nominations to Virginia Municipal League Policy Committees: I ~ Gwendolyn W. Mason - Community & Economic Development ~ Gwendolyn W. Mason - Environmental Quality ~ William Hackworth, City Attorney - General Laws ~ Alvin Nash - Human Development and Education 428 At this point, Council Member Lea left the meeting. (2:50 p.m.) I HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor stated that City Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. SCHOOLS: Evelyn Bethel, 35 Patton Avenue, N. E., appeared before the Council to express concern with regard to the closing of Forest Park Elementary School; and she urged the Council to meet with the School Board to discuss the matter. SCHOOLS: LeVita Washington, 2831 Melrose Avenue, N. W., appeared before the Council in opposition of the closing of Forest Park Elementary School; and urged the Council to instruct the School Board to rescind its decision. SCHOOLS: Helen Davis, 35 Patton Avenue, N. E., appeared before the Council to express concern with regard to the closing of Forest Park Elementary School; and urged to the Council to discuss another possible location with the School Board. SCHOOLS: Martin Jeffrey, 40S Campbell Avenue, S. W., and Robert I Gravely, 3360 Hershberger Road, N. W., appeared before the Council in opposition of the closing of Forest Park Elementary School. CITY MANAGER COMMENTS: The City Manager announced that the month of May is Neighborhood Month and commended staff for a successful May Day event in the Hurt Park neighborhood on Saturday, May 3. In addition, she noted the downtown cleanup event also held on May 4. She also commented about the recent Night of Champions event which was held at the Roanoke Civic Center, Special Events Center on Friday, April 25 to honor middle and high school students for efforts to be outstanding citizens in the community. She mentioned that students who are good students often go unrecognized and this was a great opportunity to recognize their accomplishments. In connection with the City's Clean and Green campaign, Ms. Burcham remarked that the Director of General Services has been on the road participating in four regional forums with other localities to learn how to implement green practices. She indicated that she recently addressed a group of City Managers in Kentucky and Tennessee to share I 429 I what the City of Roanoke is doing with regard to sustainability, adding that the City Roanoke is doing great things in comparison to other cities its size throughout the nation. There being no further business, at 3: 12 p.m., the Mayor declared the meeting in recess until Thursday, May 8, 2008, at 8:30 a.m., in Room 159, at which time the Council will convene in Fiscal Year 2008-2009 Budget Study; and thereafter, stand in recess until Monday, May 12 at 2:00 p.m., in the Council Chamber, to adopt the City of Roanoke recommended Fiscal Year 2008-2009 Budget. The regular meeting of Roanoke City Council, which was called to order on Monday, May 5, 2008, at 2:00 p.m., reconvened on Thursday, May 8, 2008, at 8:30 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding. PRESENT: Council Members David B. Trinkle, Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick, Jr. (arrived late), Sherman P. Lea (arrived late), Gwendolyn W. Mason, Alvin L. Nash and Mayor C. Nelson Harris-7. I ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development, James Grigsby, Assistant City Manager for Operations; Sherman A. Stovall, Director, Management and Budget; Ann Shawver, Deputy Director of Finance; and David Hoback, Fire-EMS Chief. BUDGET: The Mayor advised that the purpose of the meeting was to engage in fiscal year 2008-2009 budget study deliberations and finalize budget decisions, so that ordinances can be prepared and adopted at a reconvened Council meeting on Monday, May 12, 2008. At this point, Council Member Lea entered the meeting (8:35 a.m.). I The City Manager called attention to the following items targeted for review: 430 . Constitutional Officer Adjustments . Fire-EMS Recommendations . Addison/Jackson Fitness Centers . Retiree Pay Raise . Other Post Employment Benefits I At this point, Council Member Fitzpatrick entered the meeting (8:40.a.m.). CONSTITUTIONAL OFFICER ADIUSTMENTS Ms. Burcham stated that she had provided the Council with a detailed communication under the date of May 6, 2008, in response to comments of the Commonwealth Attorney and Sheriff. She explained that staff had balanced the budget, but still did not have any salary adjustments for City employees, and was of the opinion that some type of adjustment was critical. She added that some minor adjustments had to be made in the constitutional officers' budgets in order to help with the funding of the two percent salary adjustment. At this point, Council Member Wishneff entered the meeting (8:45 a.m.). The City Manager called attention to comments made by the Commonwealth Attorney at the May 1 public hearing with regard to the proposed Fiscal Year 2008-2009 Budget, specifically the elimination of law clerks and Public Information Officers (PIOs), in lieu of budget cuts. She stated that the elimination of PIOs would only further reduce the City's interaction with the public. I Council Member Mason remarked that the Chief of Police needed to be more visible in the community instead of his public information officers. She also inquired about the $220,000.00 expenditure for City publications, noting that she believes the expenditure to be a waste of taxpayers' money. Council Member Fitzpatrick believed that using City funds to replace State funds was unfair to the taxpayers and other avenues should be explored since the State was at fault. Mr. Stovall interjected that the Sheriff has some flexibility in her budget since she retains all of the revenue that is generated from the operation of the inmate telephone system, adding that City funding is typically used to cover expenditures in excess of the budget, and also to replace vehicles and equipment. I 431 I The City Manager pointed out that the total reduction in the Sheriff's budget was just below three percent, which included both State and local reductions. Mayor Harris stated that he agreed that public information officers, especially on the City side, were doing a great job, but he would like for the City to do more on that front. He also stated he wondered if on the safety side, the Sheriff, Fire and Police, if that could be a shared resource from a safety perspective, and whether or not that would account for any substantial savings. He referred to the Commonwealth Attorney's statement that misdemeanor cases would not be prosecuted if his budget was reduced; and inquired of the City Attorney if that was a true statement; whereupon, the City Attorney replied that although it is not necessary to have legal prosecution, however, it was a good thing to have. I With regard to the expenditures for publications, Council Member Fitzpatrick commented that approximately $250,000.00 was budgeted for publications, which is about one tenth of one percent of the budget, noting that his concern was informing the public, and unfortunately there is not the Internet presence with citizens of Roanoke as that of more sophisticated communities. He did not have any problems with the Council evaluating or cutting some of the 11 publications, and he would also be in agreement with a reduction of $50,000.00, but he stressed the importance of the City being able to communicate effectively with the public. He indicated that the matter was a management issue and he would support the City Manager reviewing the matter and reporting back to the Council with a recommendation. Inasmuch as there would be an increase in cost, Mayor Harris noted his support for televising the work sessions which would also be a way of communicating with the public. With regard to City departments under the administration, the City Manager indicated that the issue of public safety, in her opinion, was paramount, and neither she nor the Fire Chief would recommend anything that would infringe upon the safety of City employees or the citizens. I 432 Council Member Lea stated that some citizens compare officers in I the Sheriff's Department to police officers in the community, however, public safety issues for deputy sheriffs relate to guarding inmates, not putting their lives on the line daily to protect the community. Ms. Burcham agreed with Council Member Lea's comment about the Sheriff's operation being different from the Police Department, even though the Sheriff's Department employees are compensated as public safety employees. Following in-depth discussion of the matter, the City Manager stated that she would provide the Council with data regarding the roles of the four public information officers, and she will reinforce the message expressed by the Council for the Police Chief to be more visible in the community instead of the department public information officer. FIRE-EMS RECOMMENDATIONS: With regard to public safety personnel, the City Manager stressed that she would never make a recommendation to the Council that would negatively impact the safety of Roanoke's citizens; and after education, the second highest percentage of the budget was dedicated to public safety activities. Given the significant amount of the budget, she believed that Chief Hoback's analysis of the Fire Department's resources which could be reallocated was practical, and she emphasized that the number of working fires continues to reduce on an annual basis, which is due to classes on fire prevention, and not necessarily the fire fighting personnel. I In connection with remarks by the City Manager with regard to the use of the City's ambulances being committed to medical calls, Council Member Fitzpatrick commented on the history of the Fire-EMS budgets, the saving of employees' jobs by going to the EMS function. In response to questions and comments given at the May 1 public hearing, he agreed with the decision of the Administration regarding the construction of new fire stations in the Clearbrook area and northwest section of the City. He asked that Fire Chief Hoback update the Council on the status of the fire stations. Chief Hoback replied that fire personnel from the Airport Fire Station will be relocating to the Williamson Road Station, which will decrease the response times at the upper end of Williamson Road; construction of Fire Station No. 5 will be located at the corner of 20th Street, N. W., between Melrose and Orange Avenues (replaces Fire Stations at the corner of 12th Street, N. W. and Loudon Avenue, and 24th Street, N. W. and Melrose Avenue) and construction is scheduled to commence in the fall and open by January 2010. I 433 I Additional discussion was held with regard to public safety in the neighborhoods with closing of fire stations in the inner city neighborhoods and the construction of two new fire stations, as well as the decrease in fire personnel. Council Member Fitzpatrick related some history about the problems with the original Quint trucks, and how the new equipment is better. Chief Hoback replied that the decision was based on the Tri-data study as well as the Syntex study which indicated that they needed to look at their apparatus. (The Roanoke Fire Fighters Association created a document to detail its stance against the proposed budget cuts in the Roanoke Fire- EMS Department, which includes individual speeches made at the May 1 Budget Public Hearing, as requested by the Council. See document on file in the City Clerk's Office.) ADDISON JACKSON FITNESS CENTERS I Ms. Burcham gave background information regarding the rationale behind the closing of the Addison and Jackson Fitness Centers, reiterating that the Council had been provided information supporting the decision of the Administration to move from four fitness centers to two, based upon their usage. She pointed out that there is a group of patrons that religiously attend the Addison Fitness Center who are active in the fitness programs, i.e., permanent weight reduction or weight maintenance program that does not necessarily require the use of equipment; and the City's plan, even with the proposed closing of the Addison facility, is to continue offering those fitness programs which are in high demand. I She remarked that the City never visualized the centers operating from a revenue neutral standpoint because it was always understood that there would need to be some subsidy for the programs by the City. She noted that the possible reduction in use at the Addison and Jackson Fitness Centers might be due to the proliferation of fitness opportunities that currently exist that were not available when the centers first opened, adding that Jackson Fitness Center, the most recent opened fitness center, has the lowest usage. She explained that the two proposed closed fitness centers would return to the Roanoke City Schools for their use during daytime hours, and the two remaining centers would have the most up-to-date equipment in their inventory. In conclusion, she emphasized that the City had to be prudent about where resources were being expended, and she hoped that the Council would support the reduction in the fitness centers. 434 Council Member Nash asked about the cost or savings of closing I the two centers and what the optional and optimal use for the space would be; whereupon, the City Manager stated that the estimated cost would be approximately $42,000.00, and the space would continue to be used, during daytime hours, by the schools, largely by their sports program participants, and the City's major expense would continue to be the staffing of the closed centers with qualified individuals who can implement certain programs. She pointed out that there are classes held in the gyms and other sites when enough people are registered, some classes are free, while others have a nominal charge, and said classes would continue to be conducted, but would need to be held in alternative spaces in order for the City to be held harmless for patrons using the equipment without proper supervision. With regard to the use of the facility during school time, Council Member Nash asked if there was an option whereby the schools could be allowed to manage the facility; whereupon, Ms. Burcham advised that the City actually has a lease with the Schools for the use of the space, and if the Schools desired to manage the facility, the City would, in turn, terminate the lease. Based on the numbers presented, Council Member Fitzpatrick I questioned whether the City should continue to operate the remaining two fitness centers located at Woodrow Wilson and Breckinridge, and suggested that the Administration study the matter further because of the amounts of money expended at the two fitness centers. Based on the figures noted by the Administration, Council Member Nash suggested that the programs be eliminated at all four locations since the service to the community was not cost effective at any of the locations. In response to the concerns expressed by certain citizens at the May 1 Budget Public Hearing about the closing of the Addison Fitness Center, the City Manager referred to a memo to the Council whereby several of the concerns were addressed. Mayor Harris mentioned the possibility of regional recreational opportunities in the future, and noted his support to reduce the number of fitness centers to two. In considering regional recreational facilities, Council Member Nash hoped the Council would be cognizant of the fact that something needed to be done in the Northwest quadrant of the City. I 435 I Ms. Burcham reminded the Council that a consultant is working with the City on a feasibility and conceptual design of a first multi- purpose recreation center, which has been part of the comprehensive plan for a number of years, and once received, she will share the findings with the Council at that time. I The City Manager also commented on the Eureka Park tennis courts issue which was addressed in the memo, advising that the seven page report contained an estimate of $92,000.00 for repairs to all four courts, along with additional information regarding past maintenance to the tennis cou rts. She pointed out that the operating budget had not had a significant amount of money, annually, for court resurfacing or any other items, adding that about $30,000.00 had been allocated annually for cou rt resurfacing. She called attention to the Parks and Recreation Master Plan, wherein the consultant noted that the City was over funded when it came to tennis courts, and over time needed to identify strategically where those courts should be located. She added that a tennis court complex has been suggested. She stated that if it was the Council's desire to resurface the courts, she would recommend that funds not be expended from the operating budget, but use the funds that had been set aside for the Parks and Recreation Master Plan improvement, which would allow the City to resurface all four tennis courts at the same time. Mayor Harris asked if there were any objections to the City Manager's suggestion to resource the project out of the $3.3 million that was set aside for the Parks and Recreation Master Plan rather than the operating budget; whereupon, Vice-Mayor Trinkle stated that he was in support of the recommendation, however, he wanted a recommendation as to which tennis courts could be eliminated and how the City could increase the budget for maintenance of facilities and greenways. Council Member Lea inquired about a timeline and specifications of the contract; whereupon, Ms. Burcham stated that with the Council's approval of the use of the funds, the City could start developing the specifications, which would be done by a contractor as opposed to using in-house resources, and because it would take about 30 days to process an RFP, the project could be completed by the end of summer. It was the consensus of the Council for the City Manager to proceed forward with the project. I 436 RETIREE PAY RAISE AND OTHER POST EMPLOYMENT BENEFITS (OPEB) I [- I~ r;- ;., I Retiree Benefits - Cost of Living Adjustment · Factors considered in providing an adjustment: · Change in the consumer price index · Pay raise recommended for active employees · Increased cost to the pension plan · Level of raises provided by similar plans within the state · Eligible members of the pension plan received a 2% cost-of-living-adjustment on July 1,2007. 4 I I [.~~ .f\ Association of Municipal Retirement Systems of Virginia Cost of Living Adjustments Locality Proposed FY 09 Arlington County 2.8% Charlottesville 2.0% Danville 3.0% Fairfax County Education 3.0% Falls Church 1.7% Newport News 1.9% Norfolk 1.0% Richmond Council recommendation 2.5% Mayor recommendation 0.0% VRS 2.8% Social Security 2.3% 5 ,. I~ L.- T: :. I Recommended Cost of Living Adjustment · Provide a 1.75% increase to eligible members of the Pension Plan, effective July 1, 2008 · Provides for an increase in the average annual retirement allowance of approximately $235 on an annual basis. Cost to Plan is $401,000 annually. · Increased annual contributions of $253,000 required to fund Pension Plan. This equates to a 0.3% increase in the contribution rate. · Pro-rata share of annual contributions for City of Roanoke - $207,000 6 I 437 438 Other Post Employment Benefits (OPE B) I . [_ ,\11 r;r t\. Roanoke's OPES I . Benefits to retirees other than pensions . Roanoke retirees with 15 years service gain access to City's group medical plan o State Code requirement . Our plan blends rates of both active and retired employees o Providing a more affordable rate to retirees; slightly increasing cost to active employees . Retiree rates thereby receive implicit subsidy . Provision of this benefit -> GASB 45 liability o $19.6M based on current benefits o Annual GASB contribution $1.9M . Current cash funding is $1.0M . Full funding requires $.9M additional funding B I 439 I [-~ ~ II.iI ' " ,':1 '-ilJ ~; Remaining Steps . City Council Action oAdoption of a Plan oAdoption of Resolution to Establish Trust o Creation of Finance Board 9 [-t i:~. I Facts About Retiree Medical . Roanoke retirees with 15 years service permitted in medical plan to age 65 . 1,700 total retirees . 480 under age 65 and eligible to participate in Roanoke medical plan based on 15 yrs service D About 250 of these ages 40 to 59 D About 230 of these ages 60 to 65 . 225 retirees enrolled in medical plan D 170 single, 10 employee/child, 45 family policy types . 1,600 active employees enrolled in medical plan 10 I 440 [- ~~ II ..~, I OPES Team Recommendations . Grandfather retirees through 2009 . Cost of benefits increased for retirees 2010 and after o Retiree Blended + $1 OO/mo. o Retiree + dependent Blended + $1 SO/mo. o Family Blended + $200/mo. . Rates in subsequent years further incremented based on health care rate inflation . Retirees with 20 years service receive a Pension Plan supplement to age 65. Supplement indexed against funding toward active medical - currently $280 11 [-.~ ~":,'<o Family 45 $ 97 11% $ 660 39% I Medical Plan Rates $ Variance % $ Variance % Type of Retirees Active & Variance Active & Variance Med ical Enrolled Blended Active & Blended Active & Coverage (06/30/2007) Blended Blended Employee 170 $ 41 10% $ 283 39% Employeel Dependent 10 $ 59 10% $ 406 39% 12 I 441 I [_~rbl UIlif.... OPES Team Recommendations . Resulting liability $15.8M and annual required contribution of $1.4M o Required funding of $324,000 . Other policy changes recommended to reduce liability o One time option for enrollment at retirement o No increase in coverage level once enrolled 13 [-ttr ~k I Related Entity Impact - Several related entities' retirees participate in Roanoke medical plan o Schools, Detention Commission, Airport Commission, Resource Authority, Water Authority o Participation in medical plan by virtue of membership in Roanoke Pension Plan - Recommendation that Roanoke not fund liability/cost related to benefits provided by other employers o Retirees of related entities will need to enroll in other medical plans upon retirement o Alternative for those with no retiree medical plans . Employer will fully fund retiree-rated rate 14 I 442 [-t }~~~". >~ I Related Entity Participation in Roanoke Medical Plan Employee Retiree Entity Members Members Roanoke City Public Schools RCPS Plan 2 Roanoke Detention Commission 65 2 Roanoke Plan Roanoke Regional Airport Commission RRAC Plan 2 Roanoke Valley Resource Authority County Plan 0 Western Virginia Water Authority . County Plan 1 15 [_~R t Establishment of a Trust I . State Code section 15.2-1544 permits local governments to establish a trust for investment of assets to be held for OPES benefits . Irrevocable trust . VMLNaCo Trust available to all Virginia localities 16 I 443 I [-kl~ 1~ Establishment of a Trust . OPES team recommends Council adopt joinder to participate in VMUVaCo trust o Enhanced asset performance o Reduced risk DSharing of costs o Ease of administration 17 [_ !;!;J ~ J.:~~' I Finance Board . State Code section 15-1547 - local governments appoint Finance Boards to oversee funding , placed in trust . Board composed of minimum of three members: o Chief Financial Officer (ex officio) o Treasurer (ex officio) o Citizen of Commonwealth (two year term) . Proven integrity, business ability and demonstrated experience in cash management and investments o Recommend appointment of Sherman Stovall, Director of Management and Budget, as citizen representative 18 I 444 [...~ r;;~ Remaining Steps . Meeting with related parties . Communication to employees, retirees . City Council approval - June 2nd DAdopt OPEB Plan DAdopt Joinder Agreement D Establish Finance Board I 19 The Director of Finance stated that in formu lating the recommendation to the Council, staff reviewed other pension plans around the State and the Social Security Administration to ascertain what they were giving, as well as looked at the Consumer Price Index (CPI); and I one of the most primary factors considered was the additional cost to the City's pension system. He pointed out that a two-percent increase was provided for retirees in the 2007-2008 fiscal year budget, which was effective for 2008. Mr. Hall gave a background history regarding raises given to City retirees starting in 1971, noting that the City had only skipped three years since 1971 to the present whereby a raise was not given to the retirees. Mr. Hall advised that they were recommending a 1.75 percent raise for all City retirees who had been retired at least a year, effective July 1, which would provide approximately $235.00 gross annually to the retirees, and would cost the Pension Plan $401,000.00 paid out in benefits. He further stated that it would actually cost approximately $253,000.00 in additional contributions to the Plan, adding that the actual cost to the General Fund and the operating funds is about a three percent increase in the contribution rate, and the cu rrent contribution rate was just over 1 5 percent of the payroll. He also stated that the City's pro rata share of said $253,000.00 would be about $207,000.00. I 445 I The Director of Finance provided the Council with a little bit of background regarding Other Post Employment Benefits (OPEB), advising that there is a requirement by the Governmental Council Standards Board that localities recognize the cost of benefits provided to retirees other than pensions, which the City does; the implementation dates are structured depending on the size of the budget; and the City's budget is large enough that 2008 is the year for implementation. Ann Shawver, Deputy Director of Finance, shared data by PowerPoint. (Copy of power point presentation is on file in the City Clerk's Office.) I Council Member Lea referred to page 10, and asked if the Roanoke retirees who retire after 1 5 years of service were aware that they were permitted in the Medical Plan up to age 65; and asked what would happen after age 65; whereupon, Ms. Shawver replied in the affirmative. She pointed out that Roanoke's situation is very much the norm of other local governments whereby individuals are allowed to participate in the City's medical plan to age 65 and at age 65 and later; adding that generally, those retirees also participate in Medicare and many purchase a Medicare supplement type plan. She further indicated that some communities who have been providing benefits after age 65 were stopping said practice, and it is pretty much the norm to just provide access to health care to age 65. I She pointed out the history of having a few of individuals from other entities participating in the City's medical plan for retirees, which are referred to as "related party entities"; and basically these individuals are employed with the Roanoke City Public Schools, the Detention Commission, the Airport Commission, Resource Authority and the Water Authority. She stated that because this was an employer liability requirement and not a pension plan requirement, the recommendation would be that the City of Roanoke not take on the liability or cost of any of the abovementioned employers, but would prefer that those employers allow their retirees to enroll in their medical plan. She advised that there are two employers who do not have medical plans for retirees, and if said employees needed to enroll in the City's medical plan, the recommendation would be to take the stance that the City would ask those employers to deal with the cost of those benefits m they could either provide funding in a blended fashion as recommended or pass the entire cost to their retirees. 446 She stated that the bigger issue was probably what was going to happen to the active employees in the future. She commented that the 65 employees of the Detention Commission are currently in Roanoke City's plan because they do not have their own insurance plan; and the Resource Authority and the Water Authority are tied into Roanoke County's plan. She stated that the issues were discussed with both entities over a year ago, and found them to be in agreement with the philosophy that they, as employers, needed to make their own policy decisions about how to deal with requirement because it was not up to the City of Roanoke and the citizens to make a choice about how to fund their retiree benefits. I Vice-Mayor Trinkle requested clarification about the information on the School system; whereupon, Ms. Shawver responded that there were only two individuals currently participating in the City's Medical Plan, wherein the Schools have about 1,800 individuals from the active perspective, and about 1 50 retirees; and from the OPEB perspective, the Schools were dealing with the same issues. She stated that the City and the Schools discussed the possibility of having a common medical plan, but from a liability policy perspective, the School Board would also need to adopt a plan, set policy, funding, etc., which was shared in a School Board report at its second meeting in April 2008 regarding setting aside $1 million in funding to address the issue. In addition, she explained that the City and Schools were working together on a joint RFP for health care and she anticipated that interviews with health care providers would occur sometime later in June. I Ms. Burcham commented that while they only had two people in the City's Medical Plan, there may be an opportunity for more in the future, and inquired of Mr. Hall if they were removing School employees who are eligible to retire to the City's system; whereupon, Mr. Hall advised that their recommendation was to not allow any more School retirees in the City's Plan, excluding the two individuals who are grandfathered in. There being no further questions about the plan, recommendations, or related employers, Ms. Shawver explained in detail the recommendation about participation in a Trust, and reviewed information regarding the benefits of participating in the VML/VACo Trust - - the pooling of resources, the savings in terms of administrative requirements, and the risk advantages, etc., all of which were reasons for recommending that the City go the route of the VML/VACo Trust. I 447 I The Deputy Director of Finance emphasized that the creation of a Finance Board was a requirement which purpose is essentially to oversee the funding that is placed in the Trust, pointing out that the State Code requires that there be a minimum of three members on the Finance Board - - two are essentially appointed based on the position held with the local governing body (for the City of Roanoke, it would be the Director of Finance arid City Treasurer) and the third member must be a citizen of the Commonwealth, whereby the State Code requires the governing body (City Council) to appoint an individual to serve a two-year term. She remarked that said individual is required to have proven integrity, business ability, etc., and the City felt that the appropriate candidate was the Director of Management and Budget. The Deputy of Finance stated that a measure would be brought to the Council for action at a Council meeting in June to establish the City of Roanoke's Finance Board. I In connection with the creation of the Finance Board, Council Member Nash stated that since there is a minimum of three required for the Finance Board, he thought the Council may want to think about adding a fourth person, preferably an outside citizen with expertise in finance, in order to add objectivity and separation from the business of the City. There being no additional questions and/or comments regarding the briefing, the Mayor expressed appreciation to the Finance Department for its in-depth presentation. The Mayor inquired if there were closing comments. from the Members of Councilor City officials; whereupon, the City Manager advised that no comments were received regarding the CDBG funds; and the City Attorney advised that the Council will consider an amendment to the City Code to increase the City's license tax for real estate appraisers, brokers, and salesmen to $36.00 plus $.58 per one hundred dollars of gross receipts, and for contractors and persons constructing for their own account for sale of $.16 per one hundred dollars of gross receipts beginning January 1, 2009, noting that the matter will not have an impact on the proposed budget. There being no further business, at 11 :00 a.m., the Mayor declared the Council meeting in recess until Monday, May 12, 2008, at 2:00 p.m., in the Council Chamber, for the purpose of considering measures to adopt the City of Roanoke's 2008-2009 fiscal year budget. I 448 The Council of the City of Roanoke reconvened on Monday, May 12, I 2008, at 2:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding. PRESENT: Council Members David B. Trinkle, Beverly T. Fitzpatrick, Jr., Gwendolyn W. Mason, Alvin L. Nash, and Mayor C. Nelson Harris-5. ABSENT: Council Members Sherman P. Lea and Brian J. Wishneff -2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Stephanie M. Moon, City Clerk. The invocation was delivered by Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures enacting the City of Roanoke's 2008-2009 fiscal year budget. I The Director of Finance submitted a Certificate of Funding advising that in accordance with paragraphs (h) and (i) of Section 25.1 of the Charter of the City of Roanoke, do hereby certify that funds required for the 2008-2009 General Fund, Civic Facilities Fund, Parking Fund, Market Building Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, and Grant Fund budgets will be available for appropriation. Without objection by Council, the Mayor advised that the Certificate of Funding would be received and filed. I 449 I BUDGET-FEE COMPENDIUM-TAXES: The City Manager submitted a written communication recommending amendment of the City's Fee Schedule (Compendium), in connection with certain fees for cigarette tax penalty, motor vehicle license for motorcycles, moped registration, courthouse security, fire engine and emergency medical services standby, emergency medical services, fire lane and fire hydrant violation, and land disturbing permit, effective July 1, 2008. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38069-051208) AN ORDINANCE amending Article VIII,' Ciqarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, by establishing a new Section 32-199.1 Penalties for late payment, fraud. evasion, etc., to allow the imposition of monetary penalties and interest due to late payment or evasion of the cigarette tax as authorized by Section 58.1-3832 of the Code of Virginia (1950) as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. I (For full text of ordinance, see Ordinance Book No. 72, page 240.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38069- 051208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Council Member Mason offered the following ordinance: (#38070-051208) AN ORDINANCE amending and reordaining Section 20-28(d), Tax Imposed, of Article II, Vehicle Licenses. of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 72, page 241.) 450 Council Member Mason moved the adoption of Ordinance No. 38070-051208. The motion was seconded by Vic~-Mayor Trinkle and I adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Council Member Mason offered the following ordinance: (#38071-051208) AN ORDINANCE amending and reordaining Section 20-138, Fees. of Division 2, Reqistration, of Article VII, Mopeds. Bicycles And Electric Power-Assisted Bicycles of Chapter 20, Motor Vehicles and Traffic. Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 242.) Council Member Mason moved the adoption of Ordinance No. 38071-051208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: I AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Vice-Mayor Trinkle offered the following ordinance: (#38072-051208) AN ORDINANCE amending ~ 1-21, Courtroom security assessment, Code of the City of Roanoke, to increase the assessment by the City of a fee to provide funding of courthouse security personnel, pursuant to ~53.1-120, Code of Virginia (1950), as amended; providing for an effective date; and. dispensing with the second reading rby title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 244.) I 451 I Vice-Mayor Trinkle moved the adoption of Ordinance No. 38072- 051208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Council Member Mason offered the following resolution: (#38073-051208) A RESOLUTION providing for the amendment of certain Fire and EMS fees, and the establishment of a new Fire Engine Standby Fee; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 72, page 245.) I Council Member Mason moved the adoption of Resolution No. 38073-051208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Vice-Mayor Trinkle offered the following ordinance: (#38074-051208) AN ORDINANCE amending Section 20-89, Penalties for unlawful parkinq, Division 3, Duties of Police Officers: Penalties for Unlawful Parking, Article IV, Stoppinq. Standinq and Parkinq, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, in order to increase the fines for parking in a fire lane or blocking a fire hydrant; providing for an effective date; and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 72, page 246.) 452 Vice-Mayor Trinkle moved the adoption of Ordinance No. 38074- I 051208. The motion was seconded by Council Member Mason and adoptee! by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Council Member Mason offered the following ordinance: (#38075-051208) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) to Section 11.1-5, Land disturbing permit requirements, to Chapter 11,1, Erosion and Sediment Control; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 248.) Council Member Mason moved the adoption of Ordinance No. I 38075-051208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris- 5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) BUDGET-CIVIC CENTER-CITY MARKET-EQUIPMENT-TECHNOLOGY- INSURANCE-SCHOOLS-GRANTS: The City Manager submitted a written communication recommending adoption of Annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services, and Grant Fund appropriations for the fiscal year beginning July 1, 2008 and ending June 30, 2009. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: I 453 I (#38076-051208) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, Risk Management, School, School Food Services and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2008, and ending June 30, 2009; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 249.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38076-051208. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) I CITY EMPLOYEES: The City Manager submitted a written communication recommending adoption and establishment of a Pay Plan fo'r officers and employees of the City, effective July 1, 2008, and providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees; continuation of various programs; payment of a monthly stipend to certain board and commission members; and salaries of the City's Constitutional Officers. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: I (#38077-051208) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 2008; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned duties in a non-uniform capacity; 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; authorizing annual salary increments for employees performing fire inspector duties; providing for 454 continuation of a police career enhancement program; providing for I continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; providing for the salary of the City's General Registrar; providing for the salaries of the City's Constitutional Officers; providing for the salaries of the Mayor, Vice- Mayor, and Members of Council; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 257.) Council Member Mason moved the adoption of Ordinance No. 38077-051208. The motion was seconded by Council Member Fitzpatrick and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. I (Council Members Lea and Wishneff were absent.) PENSION PLAN: The City Manager and Director of Finance submitted a joint written communication recommending approval of certain supplemental benefits under the City of Roanoke Pension Plan,' effective July 1, 2008. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38078-051208) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 262.) I 455 I Vice-Mayor Trinkle moved the adoption of Ordinance No. 38078- 051208. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written communication recommending endorsement of an update to the Capital Improvement Program for Fiscal Year 2009-2013. (For full text, see communication on file in the City Clerk's Office.) Council Member Nash offered the following resolution: I (#38079-051208) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 12, 2008. (For full text of resolution, see Resolution Book No. 72, page 264.) Council Member Nash moved the adoption of Resolution No. 38079-051208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) Council Member Mason offered the following budget ordinance: (#38080-051208) AN ORDINANCE to appropriate funding for the FY 2009-2013 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2008-2009 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 72, page 265.) 456 , Council Member Mason moved the adoption of Budget Ordinance I No. 38080-051208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) YMCA-GREENWAYS-BUDGET: The City Manager submitted a written communication recommending appropriation of funds for construction of a new central branch YMCA complex and Roanoke River greenway projects and greenways development, in the amount of $200,000.00, respectively. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38081-051208) AN ORDINANCE to appropriate funding from the I Economic and Community Development Reserve for the Greenways Development Projects and the YMCA Aquatic Center, amending and reordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 266.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38081-051208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) I 457 I BUDGET-INDUSTRIES: The City Manager submitted a written communication recommending appropriation of $325,000.00 in connection with local incentives for Enterprise Zone projects. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38082-051208) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of budget ordinance, see Ordinance Book No. 72, page 267.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38082-051208. The motion was seconded by Council Member Mason and adopted by the following vote: I AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) GRANTS: The City Manager submitted a written communication recommending approval of the 2008-2009 Annual Update to the 2005- 2010 Consolidated Plan and authorization to submit the complete Annual Update to the United States Department of Housing and Urban Development (HUD) for final review and approval. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: I 458 (#38083-051208) A RESOLUTION approving the 2008-2009 Annual I Update ("Annual Update") to the 2005 - 2010 Consolidated. Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. (For full text of resolution, see Resolution Book No. 72, page 268.) Council Member Mason moved the adoption of Resolution No. 38083-051208. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Fitzpatrick, Mason, Nash, and Mayor Harris-5. NAYS: None-O. (Council Members Lea and Wishneff were absent.) There being no further business, the Mayor declared the I reconvened Council meeting adjourned at 2:25 p.m. APPROVED ATTEST: ~Yn.~ CJ)Qdf~ Stephanie M. Moon City Clerk C. Nelson Harris Mayor I 459 I ROANOKE CITY COUNCIL-REGULAR SESSION May 19, 2008 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 19, 2008, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2, 2007. PRESENT: Council Members Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, Alvin L. Nash, David B. Trinkle, and Mayor C. Nelson Harris-7. I ABSENT: NONE -0. I OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Sheila N. Hartman, Deputy City Clerk. The Mayor declared the existence of a quorum. The Invocation was delivered by Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATION: The Mayor presented Jane Conlin, Director of Human Services/Social Services, with a Proclamation declaring May 2008, as Foster Care Month. At this point, Council Member Wishneff arrived at the meeting (2:08 p.m.). I 460 PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented Fire I Chief H. David Hoback with a Proclamation declaring the week of M~y 18- 24, 2008, as Emergency Medical Services Week. PROCLAMATIONS-PUBLIC WORKS: The Mayor presented Robert K. Bengston, Director of Public Works, with a Proclamation declaring the week of May 18-24, 2008, as National Public Works Week. ACTS OF ACKNOWLEDGEMENT: On behalf of the Architectural Review Board and in recognition of National Historic Preservation Month, the Mayor presented Preservation Excellence Awards to the following property owners: Melinda Kantor, 1114 4th Street, S. W. Steve and Eric Wiseman, 656 Day Avenue, S. W. Chrisopher and Tonya Blair, 227 Albemarle Avenue, S. W. David Meador, 1112 2nd Street, S. W. Angela Stover, 380 Woods Avenue, S. W. Rob Glenn, 102 Campbell Avenue, S. W. VACO Risk Management, 308 Market Street, S. E. Clinton and Anna McLaughlin, 833 Day Avenue, S. W. Ron Chuman, 1526 Franklin Road, S. W. Jim and Annel Haynes, 511 Day Avenue, S. W. I 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 attention to two requests for Closed Meetings. MINUTES: Minutes of the regular meeting of Council held on Monday, March 3, 2008, were before the Council. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Nash and adopted by the following vote: I 461 I AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. CITY COUNCIL-COMMITTEES: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. I CITY COUNCIL-COMMITTEES: A communication from Council Member Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of a Council-appointed officer, pursuant to Section 2.2- 371l(A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of Council Member Mason to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. I 462 COMMITTEE-ROANOKE ARTS COMMISSION: A communication from I the City Clerk advising of the resignation of Wyona Lynch McWhite as Chairman and member of the Roanoke Arts Commission, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council accept the resignation. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. COMMITTEES-PARKS AND RECREATION ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Christene A. Montgomery as a member of the Parks and Recreation Advisory Board, was before the Council. (See communication on file in the City Clerk's Office.) I Vice-Mayor Trinkle moved that Council accept the resignation. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. ROANOKE CITY ELECTORAL BOARD: A communication from the Roanoke City Electoral Board transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on May 6, 2008, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the communication be received and filed. The motion was seconded by Council Member Nash and adopted by the following vote: I 463 I AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. PERSONNEL: Report of qualification of Gregory W. Staples as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2010, was before the Council: (See Oath or Affirmation of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the report of qualification be received and filed. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. I CITY COUNCIL-CITY CLERK-CITY MANAGER-DIRECTOR OF FINANCE- MUNICIPAL AUDITOR-CITY ATTORNEY: An oral request from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, that the Council convene in a Closed Meeting to discuss the annual evaluations of the Council-appointed officers, pursuant to Section 2.2- 377(A)(l), Code of Virginia (1950), as amended. Vice-Mayor Trinkle moved that the Council concur in the request of Council Member Mason as abovedescribed. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: I 464 LEGISLATIVE: Mayor C. Nelson Harris submitted a written communication recommending that City Council elections become non- partisan be referred to the Legislative Committee for possible inclusion in the City's 2008 Legislative Program. I Council Member Lea inquired as to whether other cities in Virginia hold partisan or non-partisan city elections; whereupon, it was stated that the City of Roanoke is in the minority in terms of holding partisan elections. Council Member Fitzpatrick moved that the Council concur in the recommendation. The motion was seconded by Council Member Mason and unanimously adopted. BUDGET-POLICE: The Commonwealth's Attorney submitted a written communication recommending appropriation of funds in connection with the Forfeited Criminal Assets and Forfeited Criminal Asset Interest; and the City Manager submitted a written communication concurring in the request. Vice-Mayor Trinkle offered the following budget ordinance: I (For full text, see communications on file in the City Clerk's Office.) (#38084-051908) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Forfeited Criminal Assets Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 269.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38084-051908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. REPORTS OF OFFICERS: I 465 I CITY MANAG ER: BRIEFINGS: NONE ITEMS RECOMMENDED FOR ACTION: GRANTS-FLEET: The City Manager submitted a written communication recommending appropriation of additional funds for purchase of motor fuel for the remainder of the fiscal year. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38085-051908) AN ORDINANCE to appropriate additional funding from internal billings to City and School departments for motor fuel purchases amending and reordaining certain sections of the 2007- 2008 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 72, page 270.) Council Member Mason moved the adoption of Budget Ordinance No. 38085-051908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. BUDGET-ARTS COMMISSION: The City Manager submitted a written communication recommending the transfer of $359,620.00 in connection with recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee for funding to specific Art Commission agencies. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: I 466 (#38086-051908) AN ORDINANCE to transfer funding to specific I Art Commission agencies, amending and reordaining certain sections of the 2008-2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 271.) Council Member Mason moved the adoption of Budget Ordinance No. 38086-051908. The motion was seconded by Vice-Mayor Trinkle. Inasmuch as the Virginia Museum of Transportation receives funding from the City, Council Member Fitzpatrick advised that he would be abstaining from voting. There being no additional questions and/or comments by the Council, Budget Ordinance No. 38086-051908 was adopted by the following vote: AYES: Council Members Wishneff, Lea, Mason, Nash, Trinkle, and Mayor Harris-6. NAYS: None-O. I (Council Member Fitzpatrick abstained from voting due to a conflict of interest.) BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommending the transfer of $598,030.00 in connection with recommendations of the Human Services Advisory Board for funding to qualified agencies for fiscal year 2008-2009. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: I 467 I (#38087-051908) A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2008-2009; authorizing the City Manager or her designee to execute any required contracts with the recipient agencies for provision of services, and to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs. (For full text of resolution, see Resolution Book No. 72, page 272.) Council Member Mason moved the adoption of Resolution No. 38087-051908. The motion was seconded by Vice-Mayor Trinkle. I Pamela Irvine, 1025 Electric Road, S. W., appeared before the Council to request annual funding for the Food Bank, stating that she believes the recommendations from the Advisory Committee were unfair in comparison to the services rendered to the City of Roanoke and the non-profit organizations were being penalized due to the City's complicated budgeting process. She added that if the budget from the City of Roanoke was not increased, the Food Bank would have to raise the money for Roanoke City agencies from other areas. Jim Baldwin, representing Brain Injury Services of Southwest Virginia, appeared before the Council, stating that the agency made a request for City funds, but was denied; however, during the appeal for funding, it was remarked that the agency was denied because it was receiving CDBG funding. He pointed out that the majority of the services rendered were to City of Roanoke residents, and he felt that to be denied funding after five years of continuous funding was almost a slap in the face. He indicated that the loss of City funding could jeopardize additional funding from other sources due to the removal of the City's name on the list; and he was appealing to the Council for City funding so that it would appear that the City was supportive of the services rendered by the organization. Council Member Nash commented that the Food Bank and Brain Injury Services should have received serious consideration by the Human Services Advisory Committee, and asked that the matter be referred to the City Manager for review for funding. I 468 The City Manager offered clarification regarding CDBG funds the I Food Bank received last year, adding that she is not generally involved in review of agency appropriations, and that the current process is designed to streamline the appropriations. She pointed out that both the arts and the human services funds grow annually, and that all funds are presently allocated; and if the Council desires more funds, it must either find new sources or reduce another agency's amount. Vice-Mayor Trinkle stated that it would be helpful to the Council to have access to history of the allocations to the various agencies; whereupon, the City Manager noted that the information was attached to her communication. Council Member Fitzpatrick recommended that the matter be referred to the City Manager for study and recommendation to the Council, adding that the process has been a successful way to work with the Human Services and Cultured Arts organizations; and he was of the opinion that the Council should not start allocating funds separately. There being no additional questions and/or comments by the Council Members, Resolution No. 38087-051908 was adopted by the following vote: I AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. Council Member Mason offered the following budget ordinance: (#38088-051908) AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2008-2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 274.) Council Member Mason moved the adoption of Budget Ordinance No. 38088-051908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: I 469 I AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. JEFFERSON CENTER-LICENSES: The City Manager submitted a written communication recommending authorization for waiver of the City's sovereign immunity and execution of a rental license agreement with the Jefferson Center Foundation, Ltd., in connection with Renovate Roanoke, an Old Home Renovation Fair, from October 10 - 11 , 2008. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38089-051908) A RESOLUTION authorizing the City to indemnify and hold harmless the Jefferson Center Foundation, as a condition of a rental agreement for the Renovate Roanoke Conference; and authorizing the execution of any necessary documents. I (For full text of resolution, see Resolution Book No. 72, page 276.) Council Member Mason moved the adoption of Resolution No. 38089-051908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. GRANTS-GREENWAYS-HIGHWAYS: The City Manager submitted a written communication recommending execution of an agreement with the Commonwealth of Virginia Department of Transportation in connection with the receipt of Federal Transportation Enhancement Funds for the Roanoke River Greenway. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: I 470 (#38090-051908) A RESOLUTION authorizing the City Manager to I enter into an Agreement with the Commonwealth of Virginia Department of Transportation necessary to accept funding for further construction and development efforts for the Roanoke River Greenway trail project. (For full text of resolution, see Resolution Book No. 72, page 277.) Council Member Mason moved the adoption of Resolution No. 38090-051908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. Council Member Mason offered the following budget ordinance: (#38091-051908) AN ORDINANCE to appropriate funding, from the Virginia Department of Transportation and transfer funding from the Comprehensive Greenways project to the Roanoke River Greenway project, amending and reordaining certain sections of the 2007- 2008 I Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 278.) Council Member Mason moved the adoption of Budget Ordinance No. 38091-051908. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. GRANTS-VIRGINIA WESTERN COMMUNITY COLLEGE: The City Manager submitted a written communication recommending execution of the Grant Recipient Agreement between the Virginia Community College System and the City of Roanoke on behalf of the Western Virginia Workforce Development Board. (For full text, see communication on file in the City Clerk's Office.) I 471 I Vice-Mayor Trinkle offered the following resolution: (#38092-051908) A RESOLUTION authorizing the City Manager to execute the grant recipient agreement between the Virginia Community College System and the City of Roanoke on behalf of the Western Virginia Workforce Development Board. (For full text of resolution, see Resolution Book No. 72, page 279.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38092- 051908. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. I LICENSES: The City Manager submitted a written communication recommending execution of a Temporary Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., to provide telecommunications services within the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Nash offered the following ordinance: (#38093-051908) AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with KDL of Virginia, Inc., that allows the construction, maintenance, and operation of telecommunications facilities in the City's public ways; authorizing the City Manager to implement, administer, and enforce such License Agreement; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 280.) Council Member Nash moved the adoption of Ordinance No. 38093-051908. The motion was seconded by Council Member Mason and adopted by the following vote: I 472 AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, I Trinkle, and Mayor Harris-7. NAYS: None-O. CITY CODE-TAXES: The Director of Finance submitted a written report recommending amendment to the City Code to implement changes in connection with the Cigarette Tax. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38094-051908) AN ORDINANCE amending See. 32-188, Definitions, See. 32-197, Dealer's and seller's records generally, See. 32- 199, Seizure of unstamped cigarettes, See. 32-202, Violations of article generallv, and See., 32-203, Same--Prohibited acts enumerated. of Article VIII, Cigarette Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by adding certain definitions, penalties and requirements, as authorized by Section 58.1-3832 of the Code of Virginia (1950), as amended; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 281.) I Vice-Mayor Trinkle moved the adoption of Ordinance No. 38094- 051908. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, and Mayor Harris-7. NAYS: None-O. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds to school programs and transfer of funds in connection with the James Madison Middle School roof project; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) I 473 I Vice-Mayor Trinkle offered the following budget ordinance: (#38095-051908) AN ORDINANCE to appropriate funding from donations and the Federal government as well as to transfer funding from the School Fund to the School Capital Projects Fund for the Title I School Improvement Program and the Madison Middle School roof project, amending and reordaining certain sections of the 2007-2008 School and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 284.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38095-051908. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle, Wishneff and Mayor Harris-7. NAYS: None-O. I UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: SCHOOL BOARD: The Mayor advised that there were two upcoming vacancies on the Roanoke City School Board created by the expiration of the terms of office of David B. Carson and V. Mignon Chubb-Hale ending June 30, 2008. He noted that public interviews were conducted with David B. Carson, Dolores Johns, and Lori Vaught, and opened the floor for nominations. FOR MR. CARSON: Council Members Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-6. FOR DR. JOHNS: Council Members Lea, Nash Wishneff and Mayor Harris-4. I FOR MS. VAUGHT: Council Members Fitzpatrick, Mason, Trinkle and Wishneff -4. 474 There being a tie vote between Dr. Johns and Ms. Vaught, the I Mayor called for another role call vote. FOR DR. JOHNS: Council Members Lea, Nash and Mayor Harris -3. FOR MS. VAUGHT: Council Members Fitzpatrick, Mason, Trinkle, and Wishneff-4. Inasmuch as Mr. Carson and Ms. Vaught having received the highest number of votes cast to fill the two upcoming vacancies as Trustees on the Roanoke City School Board for terms of three years, each, commencing July 1, 2008 and ending June 30, 2011 the Mayor instructed the City Attorney to prepare the proper measure(s) for adoption at the 7:00 p.m. session of City Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Mr. Martin Jeffrey, 405 Campbell Avenue, S. W., appeared before the Council and spoke with regard to concerns that were expressed in the I past regarding issues with the City schools, Housing Authority, etc. He also advised that a Class Action Complaint had been filed with the United States Department of Education alleging violations, again, of Title VI, of the Civil Rights Act of 1964, in connection with the closing of Forest Park Elementary School; and urged the Council to request the School Board and Superintendent of Schools to reconsider the closing of the School. Ms. LeVita Washington, 2831 Melrose Avenue, N. W., President, Forest Park Elementary School PTA, appeared before the Council and spoke with regard to the closing of Forest Park Elementary School and reiterated the comments given by Mr. Jeffrey previously. She urged the City Council to review the decision of the School Board and to look for better leadership rather than disbursement of the students. Mr. Robert Gravely, 3360 Hershberger Road N. W., appeared before the Council and spoke with regard to the City and the law, the budget crisis, education and community upkeep, and the City's accountability to its citizens. I 475 I CITY MANAGER COMMENTS: The City Manager announced that she and Council Member Fitzpatrick had attended the Foster Care Banquet on Friday, May 16, and commented about the high number of children waiting for placements in the foster care system. She expressed her hope that families in a position to care for any of said children would consider doing so. Ms. Burcham also mentioned that the 25th Annual Local Colors event was held on Saturday, May 17; and the Haitian Flag Day event was held on Sunday, May 18. In addition, she updated the Council on the condition of Police Officer Bryan Lawrence, who had been transferred to a national rehabilitation facility, and urged the City family to keep Officer Lawrence in their thoughts and prayers. At 3: 1 5 p.m., the Council meeting was declared in recess for a Closed Meeting the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. (Council Member Wishneff left during the Closed Meeting) I At 3: 5 5 p.m., the Council meeting reconvened in the Council Chamber, with Vice-Mayor Trinkle presiding and all Members of Council in attendance, with the exception of Mayor Harris and Council Member Wishneff. COUNCIL: With respect to the Closed Session just concluded, Council Member Fitzpatrick 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 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash and Vice- Mayor Trinkle-5. NAYS: None-O. (Mayor Harris was not present when the vote was recorded.) (Council Member Wishneff was absent.) I 476 ROANOKE ARTS COMMISSION: The Vice-Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the resignation of Wyona L. McWhite for a term ending June 30, 2008; whereupon, he opened the floor for nominations. I The name of David J. Brown was placed in nomination. There being no further nominations, Mr. Brown was appointed as a member of the Roanoke Arts Commission to complete the remaining portion of the unexpired term of Ms. McWhite's ending June 30, 2008; and thereafter a term of three years ending June 30, 2011, by the following vote: FOR MR. BROWN: Council Members Fitzpatrick, Lea, Mason, Nash and Vice-Mayor Trinkle-5. (Mayor Harris was not present when the vote was recorded.) (Council Member Wishneff was absent.) PARKS AND RECREATION ADVISORY BOARD: The Vice-Mayor advised that there is a vacancy on the Parks and Recreation Advisory Board created by the resignation of Sherley Stuart for a term ending March 31, 2011; whereupon, he opened the floor for nominations. I The name of Gordie L. Zeigler was placed in nomination. There being no further nominations, Mr. Zeigler was appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired term of Sherley Stuart ending March 31 , 2011, by the following vote: FOR MR. ZEIGLER: Council Members Fitzpatrick, Lea, Mason, Nash and Vice-Mayor Trinkle-5. (Mayor Harris was not present when the vote was recorded.) (Council Member Wishneff was absent.) I 477 I COUNCIL-CELEBRATIONS: The Vice-Mayor announced that the Blue Ridge Parkway will celebrate its 75th anniversary in 2010, with a formal anniversary celebration; and the Blue Ridge Parkway 75, Inc. Board of Directors, a not-for-profit corporation formed specifically to plan and implement the anniversary's celebratory events, are currently making plans and has contacted the City for representation on the Board; whereupon, he advised that Mayor Harris has agreed to serve on the Board of Directors as the City's representative. Vice-Mayor Trinkle added that Roanoke will host a kick-off event in the fall of 2008, with Asheville, North Carolina, hosting a similar event in 2009. At 4:00 p.m., the Vice-Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 7:00 p.m., on Monday, May 19, 2008, the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor C. Nelson Harris presiding. I PRESENT: Council Members Brian j. Wishneff, Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, Alvin L. Nash, David B. Trinkle and Mayor C. Nelson Harris-7. ABSENT: None-O. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Sheila N. Hartman, Deputy City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. I 478 PUBLIC HEARINGS: I ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Glade Creek Station L. P., to rezone property located at 3250 Orange Avenue, N. E., Official Tax Map No. 7090523, from RMF, Residential Multifamily District, to CG, Commercial-General District, subject to the following conditions: that the property would be used for only the following uses: (1) financial institution; laboratory, dental, medical optical; medical clinic; office general or professional; caterer, commercial; community market; drive through facility; drive through kiosk; mixed-use building with nonresidential uses limited to those listed herein; studio/multimedia production facility; eating establishment; eating and drinking establishment; or entertainment establishment; (2) that an existing billboard would be removed upon development of the site for a permitted use; (3) that the following site improvements will be installed during the development of the site: a five-foot wide sidewalk; one curb cut along Orange Avenue; area from side lot line to side lot line between the front lot line and the principal building along Orange Avenue shall be landscaped, with a minimum of one large deciduous tree for every 30 feet and one evergreen shrub for every three feet of public road frontage; installation of a full width right turn lane (200' storage 200' taper) for eastbound traffic entering the site; and installation of a left turn lane (200' full width storage and 200' of taper) for westbound traffic entering the site; and (4) that the following design practices would be implemented during the design and construction of site improvements: off street parking shall be located beyond the front building line and in the case of multiple principal buildings, the proffer shall apply to the building line established closest to the front property line; principal building entrance shall face Orange Avenue; light levels emanating from the site shall not exceed 0.5 foot candles at the property line; and exposed concrete block, concrete block and vinyl siding exterior building treatments shall be prohibited, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 2, 2008, and Friday, May 9, 2008. (See publisher's affidavit on file in the City Clerk's Office.) I 479 I The City Planning Commission submitted a written report recommending approval of the amended application No. 1 submitted on March 14, 2008, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38096-051908) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to r.ezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 286.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38096- 051908. The motion was seconded by Council Member Lea. I The Mayor inquired if there were persons present who wished to speak in connection with the rezoning request. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38096-051908 was adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-7. NAYS: None-O. I ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Medical Facilities of America U, Limited Partnership, represented by Andrew C. Kelderhouse, to repeal the proffers accepted by the adoption of Ordinance No. 28644-51887 on May 18, 1987, pertaining to property located at 1527 Grandin Road, S.W., Official Tax (Map No. 1440317, the Raleigh Court Health and Rehabilitation Center, and replace them with proffers that the property will be developed in substantial conformity with a Development Plan dated March 21, 2008, prepared by Rife and Wood, Architects, which 480 shows an addition of a 3,000 square foot physical therapy unit, an I additional 11 parking spaces, and a new subsurface storm water management structure, and that there will be no lighting added to the area designated as "New Employee Parking Spaces" on the above referenced Development Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 2, 2008, and Friday, May 9, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the amended application No.2 dated April 22, 2008, advising that the application to amend the proffers associated with Raleigh Court Health Care Center is found to be consistent with the City's Zoning Ordinance, Comprehensive Plan and the Greater Raleigh Court Neighborhood Plan; and replacing the existing proffered conditions with the proffered development plan will allow the site to be fully developed and provide needed space for services required by the facility's occupants. Council Member Mason offered the following ordinance: I (For full text, see report on file in the City Clerk's Office.) (#38097-051908) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 28644-051887, to the extent that it placed certain conditions on Official Tax No. 1440317, the Raleigh Court Health and Rehabilitation Center, located at 1527 Grandin Road, S. W., and placing new proffers on the subject property; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 287.) Council Member Mason moved the adoption of Ordinance No. 38097-051908. The motion was seconded by Council Member Fitzpatrick. The Mayor inquired if there were persons present who wished to speak in connection with the matter. I 481 I Andrew C. Kelderhouse, President, Fralin & Waldron, Inc., representing Medical Facilities of America L1, Limited Partnership, appeared before the Council and offered a revised proffer condition in connection with the rezoning application; whereupon, Mayor Harris stated that such matters were typically addressed prior to the public hearings and deferred to the City Attorney for a response. The City Attorney advised that proffered conditions are to be submitted, in writing, prior to the public hearing, noting that the City Code provides that an amended proffer can be accepted once a public hearing has begun if the amended proffer does not materially affect the overall proposal; however, since he has not seen the proposed proffer, he was not in a position to make any judgment as to whether or not it materially affects the overall proposal. The Mayor advised that the measure would have to be tabled if the proposed proffered condition was accepted by the Council. Following discussion of the matter, Mr. Kelderhouse withdrew his request. There being no further speakers, the Mayor declared the public hearing closed. I Inasmuch as he has a conflict of interest due to his working relationship with the Raleigh Court Health and Rehabilitation Center, Vice- Mayor Trinkle advised that he would abstain from voting on the matter. There being no additional questions and/or comments by the Council Members, Ordinance No. 38097-051908 was adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash and Mayor Harris-6. NAYS: None-O. (Vice-Mayor Trinkle abstained from voting, due to a conflict of interest.) I BONDS-POLICE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation notes of the City) in the principal amount of $5,500,000.00 for the purpose of 482 providing funds to pay the costs of the acquisition, construction, I reconstruction, improvement, extension, enlargement and equipping of public buildings 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, May 5, 2008, and Monday, May 12, 2008. (See publisher's affidavit on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38098-051908) A RESOLUTION authorizing the issuance of Five Million, Five Hundred Thousand Dollars ($5,500,000) 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 public buildings 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 I 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; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. (For full text of resolution, see Resolution Book No. 72, page 289.) Council Member Mason moved the adoption of Resolution No. 38098-051908. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, Mayor Harris declared the public hearing closed. Inasmuch as he has a business relationship with Shockley, LLC, Council Member Wishneff advised that he would abstain from voting on the matter. I 483 I There being no additional questions and/or comments by the Council Members, Ordinance No. 38098-051908 was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-6. NAYS: None-O. (Council Member Wishneff abstained from voting due to a conflict of interest.) The City Manager submitted a written communication recommending approval of the terms of a comprehensive agreement with Shockey, LLC, for design and construction of a police academy facility, subject to receipt of any significant comments (to be determined by the City Manager) during the 30-day comment period, which would require further consideration of such comments by Council. (For full text, see communication on file in the City Clerk's Office.) I Vice-Mayor Trinkle offered by the following budget ordinance: (#38099-051908) AN ORDINANCE to appropriate funding to be provided by Series 2009 Bonds and transfer funds from the Police Asset Forfeiture Grant to the Police Academy Building project, amending and reordaining certain sections of the 2007-2008 Capital Projects Grant Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance No. 72, page 304.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38099-051908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-5. NAYS: None-O. I (Council Member Wishneff abstained from voting due to a conflict of interest.) 484 Council Member Mason offered the following ordinance: I (#38100-051908) AN ORDINANCE authorizing the proper City officials to execute a Comprehensive Agreement, pursuant to the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA), between the City of Roanoke (City) and Shockey, LLC (Shockey) that provides for Shockey to do the complete design and construction of a new City Police Academy Facility to be located on Barnes Avenue, N. W., in the City; approving the terms of such Agreement; authorizing the City Manager to implement, administer, and enforce such Agreement; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance No. 72, page 305.) Council Member Mason moved the adoption of Ordinance No. 38100-051908. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-6. NAYS: None-O. I (Council Member Wishneff abstained from voting due to a conflict of interest.) EASEMENT-ARTS MUSEUM: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposal by the City of Roanoke for an encroachment into the public right-of-way to the Art Museum of Western Virginia in order that the Art Museum may place light poles that will surround the new art museum building into the public rights-of-way located on Norfolk Avenue, S. E., and Market Street, S. E., in the City of Roanoke, the matter was before the body. Legal advertisement of the public hearing was published In The Roanoke Times on Friday, May 9, 2008. (See publisher's affidavit on file in the City Clerk's Office.) I 485 I The City Manager submitted a written communication recommending authorization to execute the appropriate document(s) granting the encroachment, subject to form as approved by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38101-051908) AN ORDINANCE allowing the encroachment of light poles into the public right of way of Market Street and Norfolk Avenue that extend from The Art Museum of Western Virginia's new building at variable distances ranging from 8.24' to 3.63', 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. 72, page 307.) Council Member Mason moved the adoption of Ordinance No. 38101-051908. The motion was seconded by Council Member Nash. I The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, Mayor Harris declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38101-051908 was adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris~7. NAYS: None-O. I CITY CODE-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 19, 2008 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an amendment to Sections 19-45 and 19-77 of the Code of the City of Roanoke (1979), as amended, to increase the City's license tax for real estate appraisers, brokers, and salesmen to $36.00 plus $.58 per one hundred dollars of gross receipts, and for contractors and persons constructing for their own account for sale of $.16 per one hundred dollars of gross receipts beginning January 1, 2009, the matter was before the body. 486 Legal advertisement of the public hearing was published in The I Roanoke Times on Friday, May 9, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending an amendment to the City's business license tax rates to reflect the aforementioned changes, effective January 1, 2009. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38102-051908) AN ORDINANCE amending 919-45, License tax cateoories and rates, Article II, Business. Professional and Occupational License Taxation, of Chapter 19, License Tax Code, Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 308.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38102- I 051908. The motion was seconded by Council Member Mason. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, Mayor Harris declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38101-051908 was adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-7. NAYS: None-O. Vice-Mayor Trinkle offered the following ordinance: I 487 I (#38103-051908) AN ORDINANCE amending and reordaining Section 19-77, Real estate appraisers. brokers and salesmen, of Article III, Special License Taxation, of Chapter 19, License Tax Code, Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 309.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38103- 051908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-7. NAYS: None-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. I SCHOOLS: Council Member Fitzpatrick offered the following resolution appointing School Board Trustees on the Roanoke City School Board: (#38104-051908) A RESOLUTION appointing David B. Carson and Lori E. Vaught as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2008, and ending June 30, 2011. (For full text of resolution, see Resolution Book No. 72, page 310.) Council Member .Fitzpatrick moved the adoption of Resolution No. 38104-051908. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-7. NAYS: None-O. I WESTERN VIRGINIA WATER AUTHORITY: The Mayor called attention to an upcoming vacancy on the Board of Directors, Western Virginia Water Authority, ending June 30, 2008; whereupon, he opened the floor for nominations. 488 Council Member Fitzpatrick placed in nomination the name of Robert C. Lawson. There being no further nominations, Mr. Lawson was reappointed as a City representative to the Board of Directors, Western Virginia Water Authority, for a term of four years, ending June 30, 2012, by the following vote: FOR MR. LAWSON: Council Members Wishneff, Fitzpatrick, Lea, Mason, Nash, Trinkle and Mayor Harris-7. There being no further business, the Mayor declared the Council meeting adjourned at 7:21 p.m. APPROVED ATTEST: ~iJ). Sheila N. Hartman Deputy City Clerk I I I 489 I ROANOKE CITY COUNCIL-REGULAR SESSION June 2, 2008 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, June 2, 2008, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice- Mayor Trinkle, presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetinos, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea, Gwendolyn W. Mason, Alvin L. Nash, and Vice-Mayor David B. Trinkle- 5. I ABSENT: Council Member Brian J. Wishneff and Mayor C. Nelson Harris-2. The Vice-Mayor advised that a quorum was present. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant, Deputy City Clerk. CITY COUNCIL: A communication from Vice-Mayor Trinkle requesting that Council convene in a Closed Meeting to discuss vacancies on certain. authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Fitzpatrick moved that Council concur in the request of the Vice-Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Nash and adopted by the following vote: I 490 AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. I NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss the annual performance of four Council-Appointed officers, pursuant to Section 2.2-3 711(A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request to convene in Closed Meeting as above described. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. I (Council Member Wishneff and Mayor Harris were absent.) CITY COUNCIL: A communication from Council Member Gwendolyn W. Mason requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of a Director of Finance for the City of Roanoke, pursuant to Section 2.2- 3 71l(A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Fitzpatrick moved that Council concur in the request of Council Member Mason to convene in Closed Meeting as above described. The motion was seconded by Council Member Nash and adopted by the following vote: I 491 I AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD ON MONDAY, AUGUST 4, 2008, AT 9:00 A.M. Vice-Mayor Trinkle suggested that all agenda items be forwarded to the City Manager or City Clerk. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. I BRIEFINGS: Update on Collaborative Efforts Between City and Schools Dr. Kurt Baker, Deputy Superintendent, Roanoke City Public Schools, presented an update on collaborative efforts between the City and Roanoke City Public Schools, advising that the School Board desires to contract with the City to provide playground maintenance and inspection services to all of its playgrounds; City staff will maintain interoperable radio systems on City School buses and in City schools; and Schools have acquired a web-based financial system through a third party vendor for accounting purposes until the completion of the City's financial/Human Resources/payroll system. He further advised that system allows the broadening perspective to improve financial management; adding that employees will no longer be paid monthly, but instead will be paid bi-monthly and account payables will be dispersed on the same days. I 492 The Director of Finance gave background information with regard I to the current payroll system which was installed in the 1980's, advising that the City is in the process of evaluating a new payroll vendor, which will affect the Commissioner of the Revenue's Office, Real Estate Valuation, Billings and Collections, and Department of Finance. He further advised that the total amount for changing the system is roughly $6 million, and the City would still be involved with the debt issuance for the School Division. Council Member Mason inquired whether the schools could financially support the $6 million changes; whereupon, the Director of Finance advised that the schools would be responsible for approximately $1.5 million of the debt, wherein the schools have already begun to pay. There being no additional questions and/or comments by the Council, the Vice-Mayor expressed appreciation to Dr. Baker for his remarks. Patrick Henry Bus Shelter Proposal Susan Jennings, Public Art Coordinator, gave a progress report on the proposed bus shelters to be located in the vicinities of Patrick Henry and William Fleming High Schools, and she called upon Jennifer Fowler, teacher, Patrick Henry High School 3-D Design Class, and Carlos Marceal to share proposed designs created by Roanoke City Public students. I (See powerpoint on file in the City Clerk's Office.) Vice-Mayor Trinkle thanked the students and school staff for their participation in the presentation. Downtown Residential Parkinq Proqram The City Manager gave brief remarks with regard to the downtown residential parking program, which matter had been tabled by the Council at its regular meeting held on Monday, April 21, 2008, in order to allow City staff time to form a compromise for residential parking for downtown residents. I 493 I R. Brian Townsend, Assistant City Manager for Operations, presented a proposal to grandfather in downtown residents already participating in the program until March 31, 2010, and new residents would receive one free parking permit, as well as be allowed to purchase a permit for a second parking space for half-price through June 2010. He indicated that from July 2010 to June 2011, downtown residents would receive one free parking permit, however, they could purchase a second permit at the monthly rate; and after July 2011, downtown residents must pay for all parking permits at a residential rate, yet to be determined. In closing, he pointed out that the new program would include the Campbell and Gainsboro Avenue garages, respectively. Council Member Fitzpatrick suggested that an ordinance be prepared for adoption at the June 16 Council meeting to reflect the changes in the dates of the policy. He also suggested that the City Manager approach Downtown Roanoke Incorporated, Inc., to discuss the on-street parking problem in the downtown area. I Council Member Lea suggested that staff share information regarding the changes with the stakeholders and forward a copy of the policy in its entirety to the Council prior to ~he June 16 meeting. At 10:50 a.m., Vice-Mayor Trinkle declared the meeting in recess for an Audit Committee meeting and Closed Meetings, and thereafter, reconvene at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., the reconvened Council meeting was called to order in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Vice-Mayor Trinkle presiding. PRESENT: Council Members Beverly T. Fitzpatrick, Jr., Sherman P. Lea , Gwendolyn W. Mason, Alvin L. Nash, and Vice-Mayor David B. Trinkle-5. ABSENT: Council Members Brian J. Wishneff and Mayor C. Nelson Harris-2. The Vice-Mayor advised that a quorum was present. I OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R.Tyree, Assistant, Deputy City Clerk. 494 The Invocation was delivered by Council Member Beverly T. I Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor David B. Trinkle. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: Vice-Mayor Trinkle recognized Grant Jennings for his heroic effort in saving the life of Mrs. Audrey Paige, a family friend, advising that Jennings, an eight year old and second grader at Westside Elementary School, was very brave when he assisted in saving the life of Mrs. Paige, on March 18; and in an emergency situation, Grant entered the residence through a small opened window to unlock the front door; upon entering the home, Ms. Paige was found unconscious lying on the bathroom floor where she had been for approximately ten hours. He added that without Grant's courageous effort, emergency medical help would not have been successful; and having survived a stroke, Mrs. Paige is recovering at home and Grant is considered by family and friends to be a hero. On behalf of the Mayor and Members of Council, Vice-Mayor Trinkle I presented Master Jennings with a City gift. 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. CITY MARKET BUILDING-CITY PROPERTY- LEASE: A communication from the City Manager requested that Council schedule a public hearing for Monday, June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed lease agreement between the City of Roanoke and Tokyo Express for rental space in the City Market Building, was before the body. -(See communication on file in the City Clerk's Office.) I 495 I Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) ROANOKE RIVER FLOOD REDUCTION/CONTROL: A communication from the City Manager requested that Council schedule a public hearing for Monday, June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a Deed of Reservation in connection with Phase II of the Roanoke River Flood Reduction Project, was before the body. (See communication on file in the City Clerk's Office.) I Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) HOTEL ROANOKE CONFERENCE CENTER COMMISSION: Report of qualification of the Honorable C. Nelson Harris as a Commissioner of the Hotel. Roanoke Conference Center Commission (citizen representative), for a term ending April 12, 2012, was before the body. (See Oath or Affirmation of Office on file in the City Clerk's Office.) I 496 Council Member Mason moved that the report of qualification be I received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: COMMONWEALTH'S ATTORNEY: Donald S. Caldwell of the Commonwealth Attorney's Office su\jmitted a written communication recommending acceptance for a full-time Special Drug Prosecutor; and the City Manager submitted a written communication concurring in the recommendation (For full text, see communications on file in the City Clerk's Office.) I Council Member Fitzpatrick offered the following resolution. (#38105-060208) 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. 72, page 311.) Council Member Fitzpatrick moved the adoption of Resolution No. 38105-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) I 497 I Council Member Mason offered the following budget ordinance: (#38106-060208) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 312.) Council Member Mason moved the adoption of Budget Ordinance No. 38106-060208. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) I REPORTS OF OFFICERS: CITY MANAG ER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANT-POLlCE: The City Manager submitted a written communication recommending appropriation of funds for the purchase of alcosensor equipment in connection with the Driving under the Influence (DUI) Recovery Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: I (#38107-060208) AN ORDINANCE to appropriate additional funding from Driving Under the Influence (DUO Recovery Program Fees for enforcement equipment, amending and reordaining certain sections of the 2007-2008 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 314.) 498 Council Member Mason moved the adoption of Budget Ordinance No. 38107-060208. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) NORFOLK AND SOUTHERN CORPORATION-STREETS: The City Manager submitted a written communication recommending execution of a Street Maintenance Agreement between the City of Roanoke and Echo Sentinel Group, LLC, Roanoke Electric Steel Corporation, and Norfolk Southern Railway Company for maintenance of a 15-foot wide unimproved public right-of-way located immediately south of Baker Street, N. W., marked as 30th Street, N. W. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: I (#38108-060208) AN ORDINANCE authorizing the execution of a street maintenance agreement and related documents among the City of Roanoke, Echo Sentinel Group, LLC, Roanoke Electric Steel Corporation, and Norfolk Southern Railway Company for maintenance of a street lying between Tax Parcel 2510303 on the west and Tax Parcel 2510306 on the east and sometimes known as 30th Street, N. W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 315.) Council Member Mason moved the adoption of Ordinance No. 38108-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) I 499 I GRANT-DISABILITY SERVICE BOARD: The City Manager submitted a written communication recommending that Council retroactively execute a Memorandum of understanding with the State Department of Rehabilitative Services to accept a grant to continue local administrative staff support for the Fifth District Commission Disability Services Board, and a contract with Roslyn Kingery for such Disability Services Board administration staff support. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution. (#38109-060208) A RESOLUTION retroactively authorizing the City Manager, or her designee, to execute a Memorandum of Understanding with the State Department of Rehabilitative Services to accept a grant in the amount of $14,800.00 to provide continuing local administrative staff support for the Fifth Planning District Commission Disability Services Board ("DSB"), and retroactively authorizing the City Manager, or her designee, to execute a contract with Roslyn Kingery to provide for such DSB administrative staff support, upon certain terms and conditions. I (For full text of resolution, see Resolution Book No. 72, page 316.) Council Member Mason moved the adoption of Resolution No. 38109-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) Council Member Mason offered the following budget ordinance: (#38110-060208) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Fifth District Disability Services Board Grant, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. I (Forfull text of ord i nance, see Ord i nance Book No. 72. page 31 7.) 500 Council Member Mason moved the adoption of Budget Ordinance 1 No. 38110-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) TAXES-CITY CODE: The City Manager submitted a written communication recommending an amendment of the City Code regarding special tax rates for energy efficient buildings. (For full text, see communication on file in the City Clerk's Office.) Council Member Fitzpatrick offered the following ordinance: (#38111-060208) AN ORDINANCE amending and reordaining Section 32-103.20, Definitions. and Section 32-103.23, Requirements, of I' Article II, Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 318.) Council Member Fitzpatrick moved the adoption of Ordinance No. 38111-060208. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) 1 501 1 BUDGET: The City Manager submitted a written communication recommending appropriation of funds in connection with FY 2008 State budget reduction and other adjustments. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38112-060208) AN ORDINANCE to appropriate funding reductions from the Commonwealth, amend Capital Maintenance and Equipment Replacement Program Appropriations, and reduce funding from the General Fund to the Capital Projects Fund for certain Commonwealth funded programs, to reflect year end adjustments, and for current year budget reductions, amending and reordaining certain sections of the 2007-2008 General, Capital Projects, Fleet Management, and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 320.) I Council Member Fitzpatrick moved the adoption of Budget Ordinance No. 38112-060208. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) BUDGET: The City Manager submitted a written communication recommending execution of Budget Amendment No. 2 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 dated March 19, 2001. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: 1 502 (#38113-060208) AN ORDINANCE authorizing the proper City 1 officials to execute a Budget Amendment No. 2 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.2) between the City of Roanoke (City) and the City of Roanoke Redevelopment and Housing Authority (RRHA); approving an amended budget for such Budget Amendment No.2; authorizing the City Manager to take such actions and execute further documents as may be needed to implement and administer such Budget Amendment No.2; and dispensing with the second reading by title of this Ordinance. (For full text of resolution, see Resolution Book No. 72, page 322.) Council Member Mason moved the adoption of Ordinance No. 38113-060208. The motion was seconded by Council Member Lea. Council Member Fitzpatrick inquired about the City's commitment to demolishing the Roanoke City Mills, Inc., (RMC) property; whereupon, the City Manager explained that the adoption of the budget ordinance only allocates the funds for future activities. There being no additional questions and/or comments by the Council Members, Ordinance No. 38113-060208 was adopted by the following vote: 1 AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) Council Member Fitzpatrick offered the following budget ordinance: (#38114-060208) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the South Jefferson Redevelopment Project, amending and reordaining certain sections of the 2007-2008 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 323.) I 503 1 Council Member Fitzpatrick moved the adoption of Ordinance No. 38114-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) BUDGET-CITY EMPLOYEES: The City Manager and the Director of Finance submitted a joint written communication recommending establishment of a trust for the purpose of accumulating and investing assets to fund Other Post Employment Benefits (OPEB). (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution. 1 (#38115-060208) A RESOLUTION adopting and establishing an Employees' Post-Retirement Health Plan and an Employees' Post- Retirement Dental Plan outlining eligibility guidelines and premiums therefore, and the respective benefits provided by the City to its retirees. (For full text of resolution, see Resolution Book No. 72, page 324.) Council Member Mason moved the adoption of Resolution No. 38115-060208. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) Council Member Fitzpatrick offered the following ordinance: 1 504 (#38116-060208) AN ORDINANCE creating a Finance Board to serve as Trustee of funds designated for other post-employment benefits other than pensions; authorizing execution of a Trust Funding Agreement for participating employees under the Virginia Pooled OPEB Trust Fund; and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 72, page 325.) Council Member Fitzpatrick moved the adoption of Ordinance No. 38116-060208. The motion was seconded by Council Member Mason was adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) Council Member Mason offered the following resolution. (#38117-060208) A RESOLUTION appointing the members of the City's Finance Board. 1 (For full text of resolution, see Resolution Book No. 72, page 327.) Council Member Mason moved the adoption of Resolution No. 38117-060208. The motion was seconded by Council Member Lea and and adopted by the following vote: AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) CITY ATTORNEY: CITY CODE: The City Attorney submitted a written report recommending readopting and reenactment of the Code of the City of Roanoke (1979), as amended. 1 (For full text, see report on file in the City Clerk's Office.) 505 1 Council Member Mason offered the following ordinance: (#38118-060208) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 328.) Council Member Mason moved the adoption of Ordinance No. 38118-060208. The motion was seconded by Council Member Lea. Council Member Fitzpatrick inquired if items that were discussed earlier with regard to the transportation and bus museums were included in the enactment and re-adoption of the City Code; whereupon, the City Attorney advised that the matter must be implemented by an amendment to the City Code. There being no additional questions and/or comments by the Council Members, Ordinance No. 38118-060208 was adopted by the following vote: 1 AYES: Council Members Fitzpatrick, Lea, Mason, Nash, and Vice- Mayor Trinkle-5. NAYS: None-O. (Council Member Wishneff and Mayor Harris were absent.) DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the month of April 2008. The Director of Finance advised that the real estate taxes are slightly ahead of budget and the meals tax is up, as well as, sales taxes are down approximately 3.3 percent and as of April the State taxes were down three percent for the first time; and he provided a narrative on notable variances in revenues and expenditures for the first ten months of fiscal year 2008. (For full text, see Financial Report on file in the City Clerk's Office.) 1 506 Robert Gravely, 3360 Hershberger Road, N. W., appeared before 1 Council and inquired if the City had given consideration to offering any type of financial assistance to City employees to offset the high costs of gasoline and groceries; whereupon, the Director of Finance responded that he empathizes with the citizens, but the City could not offer any type of incentives. Without objection by the Council, the Vice-Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE VICE-MAYOR AND MEMBERS OF COUNCIL: CITY COUNCIL-NEIGHBORHOOD ORGANIZATIONS: Council Member Lea advised of his attendance to the Neighborhood USA (NUSA) Conference in Hampton, Virginia, on May 21 - 24, 2008, noting that Roanoke was well represented at the Conference. He recognized Estelle McCadden, President of the Melrose/Rugby Neighborhood Forum, who currently serves on the NUSA Board of Directors, and Bob Clement, Neighborhood Services Coordinator, on their commitment and. dedication to neighborhood services. In addition, he indicated that the workshops offered at the Conference created a lot of excitement and involvement regarding neighborhood issues and activities; and he also point out that Roanoke's Old Southwest, Inc., the neighborhood organization representing the residents of Roanoke's Old Southwest neighborhood received second place in the Neighborhood of the Year Award in the Social Revitalization/ Neighborliness category, which included projects that were initiated by one neighborhood and focused on social or cultural aspects such as safety, youth and seniors, activities that help neighbors feel connected and/or foster a sprit of cooperation such as neighborhood festivals and celebrations. Vice-Mayor Trinkle encouraged Members of the Council to attend the State NUSA Conference which is scheduled to be held in Fairfax, Virginia, in September 2008. 1 1 507 I HEARING OF CITIZENS UPON PUBLIC MATTERS: Vice-Mayor Trinkle stated that City Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about the economy and the effects it was having on the citizens. Helen E. Davis, 45 Patton Avenue, N. E., appeared before the Council and again expressed concern with regard to the closing of Forest Park Elementary School. She also expressed concern with regard to the lack of public safety personnel in the Constitutional Officers and Fire/EMS departments. CITY MANAGER COMMENTS: I The City Manager added that Roanoke Public Library's Oral History Project received an Honorable Mention Award at the Neighborhoods USA Conference; and she also informed the Council that the Director of General Services attended a National Local Government for Sustainability (ICLEI) Local Action Summit Conference on May 14-16, 2008, in Albuquerque, New Mexico, whereby the City received a star for its completion of a carbon footprint (the amount of carbon dioxide emitted through the combustion of fossil fuels), and that the Star will be affixed on a plaque, and other stars earned as part of the community's environmental efforts will be added in the future. At 2:40 p.m., the Vice-Mayor declared the Council meeting in recess for continuation of Closed Meeting previously approved during the 9:00 a.m. Session of the Council. I At 4:20 p.m., the Council meeting reconvened in the Council Chamber, with Vice-Mayor Trinkle presiding, and all Members of Council in attendance, with the exception of Council Members Fitzpatrick (left following Closed Meeting) and Wishneff and Mayor Harris. COUNCIL: With respect to the Closed Session just concluded, Council Member Mason 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 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 Council Member Nash and adopted by the following vote: 508 AYES: Council Members Lea, Mason, Nash, and Vice-Mayor Trinkle- 4. / ( NAYS: None-O. (Council Members Fitzpatrick and Wishneff and Mayor Harris were absent.) PARKS AND RECREATION:. Inasmuch as Gordon Zeigler, a non-City resident, was appointed by the Council at its May 19, 2008 Council meeting as a member of the Parks and Recreation Advisory Board to fill the unexpired term of office of Sherley Stuart ending March 31, 2011, Council Member Mason moved that the City residency requirement be waived in this instance. The motion was seconded by Council Member Nash and adopted. There being no further business, Vice-Mayor Trinkle declared the meeting adjourned at 4:22 p.m. APPROVED ATTEST: ~wrh.~~ Stephanie M. Moon, CMC City Clerk I I I I I I 509 ROANOKE CITY COUNCIL-REGULAR SESSION June 16, 2008 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, June 16, 2008, at 2:00 p.m., in Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., City of Roanoke, with Mayor C. Nelson Harris presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 37817-070207 adopted by the Council on Monday, July 2,2007. PRESENT: Council Members Sherman P. Lea Alvin L. Nash, David B. Trinkle, Brian J. Wishneff (arrived late), Beverly T. Fitzpatrick Jr., (arrived late), and Mayor C. Nelson Harris-6. ABSENT: Council Member Gwendolyn W. Mason-1 . OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. The Invocation was delivered by Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Council Member Lea offered the following resolution paying tribute to the Honorable C. Nelson Harris, Mayor: (#38119-061608) A RESOLUTION paying tribute to the Honorable C. Nelson Harris, Mayor of the City of Roanoke, and expressing to him the appreciation of this City and its people for his exemplary public service: (For full text of resolution, see Resolution Book No. 72, page 330.) 510 Council Member Lea moved the adoption of Resolution No. 38119- 061608. The motion was seconded by Council Member Nash and adopted by the following vote. AYES: Council Members Lea, Nash, Trinkle, and Mayor Harris-4. NAYS: None-O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.)(Council Member Mason was absent.) Vice-Mayor Trinkle presented a framed copy of Resolution No. 38119- 061608 to Mayor Harris, along with a framed Key to the City. Mayor Harris expressed his sincere appreciation for the resolution and the Key to the City. ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Inasmuch as Council Member Fitzpatrick had not arrived at the meeting, Mayor Harris asked that action on Resolution recognizing him be deferred until his arrival. (See pages 528 - 528.) ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Vice-Mayor Trinkle offered the following resolution paying tribute to the Honorable Brian J. Wishneff, Council Member: (#38121-061608) A RESOLUTION paying tribute to the Honorable Brian Wishneff and expressing to him the appreciation of the City and its people for his exemplary public service. (For full text of resolution, see Resolution Book No. 72, page 333.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38121-061608. The motion was seconded by Council Member Lea and adopted by the following vote. AYES: Council Members Lea, Nash, Trinkle, and Mayor Harris-4. NAYS: None-O. (Council Members Fitzpatrick and Wishneff were not present when the vote was recorded.)(Council Member Mason was absent.) I I I 511 I The Mayor advised that the framed copy of Resolution No. 38121-061608 and Key to the City would be forwarded to Council Member Wishneff ACTS OF ACKNOWLEDGMENT-DIRECTOR OF FINANCE: Council Member Lea offered the following resolution paying tribute to Jesse A. Hall, Director of Finance: (#38122-061608) A RESOLUTION paying tribute to Jesse Addison Hall, Director of Finance 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. 72, page 334.) Council Member Lea moved the adoption of Resolution No. 38122- 061608. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. I NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.)(Council Member Mason was absent.) Mayor Harris presented the framed copy of Resolution No. 38122-061608 and Key to the City to Mr. Hall. Mr. Hall expressed his sincere appreciation for the acknowledgment by the Council, adding that he considered it a privilege to work for the City of Roanoke for approximately 33 years. At this point, Council Member Wishneff entered the meeting (2:20 p.m.) ACTS OF ACKNOWLEDGMENT-DIRECTOR OF FINANCE: Vice-Mayor Trinkle offering the following resolution appoirlting a Director of Finance for the City of Roanoke, Virginia (#38123-061608) A RESOLUTION electing and appointing Ann H. Shawver as Director of Finance for the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Shawver. I (For full text of resolution, see Resolution Book No. 72, page 337.) 512 Vice-Mayor Trinkle moved the adoption of Resolution No. 38123-061608. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Lea, Nash Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.)(Council Member Mason was absent.) Ms. Shawver expressed her sincere appreciation to the Council for the appointment as the Director of Finance, advising that she will support the Council and City Manager's initiatives. 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 I and considered separately. The Mayor called attention to two requests for Closed Meetings. CITY COUNCIL-COMMITTEES: A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(l), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) I (Council Member Mason was absent.) I I I 513 CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was absent.) (Council Member Mason was absent.) ENCROACHMENTS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 21, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, for encroachments in public right-of-way at 1801 Belleville Road and Sherwood Avenue, S. W., was before the Council. (See communication on file in the City Clerk's Office.) Council Member Lea moved that Council concur in the request of the City Manager. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Beverly T. Fitzpatrick was absent.) (Council Member Mason was absent.) ROANOKE VALLEY GREENWAYS COMMISSION: A communication from Charles R. Shaver tendering his resignation as a City representative of the Roanoke Valley Greenway Commission, was before Council. (See communication on file in the City Clerk's Office.) 514 Council Member Lea moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) ROANOKE ARTS COMMISSION-CITY OF ROANOKE FINANCE BOARD: Reports of qualification of David J. Brown as a member of the Roanoke Arts Commission, for a term ending June 30, 2011; and Sherman M. Stovall as the citizen representative on the City of Roanoke Finance Board, for a term of two years ending June 1, 2010. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Lea moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CIRCUIT COURT-GRANT-BUDGET: The Clerk of Circuit Court submitted a written communication for acceptance of Compensation Board Technology Trust funds; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see communications on file in the City Clerk's Office.) I I I I I I 515 Vice- Mayor Trinkle offered the following budget ordinance: (#38124-061608) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for upgrades, maintenance, and other charges in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 2007-2008 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 339.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38124- 061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) REPORTS OF OFFICERS: CITY MANAGER: BUDGET-HUMAN SERVICES COMMITTEE: The City Manager gave an oral report recommending approval of the transfer of funding between specific Human Services Committee agencies to appropriate funds, in the amount of $2,000.00 for the Southwestern Virginia Second Harvest Food Bank, and $1,000.00 for the Brain Injury Services of Southwest Virginia. Vice- Mayor Trinkle offered the following budget ordinance: (#38125-061608) AN ORDINANCE to transfer funding between specific Human Services Committee agencies, amending and reordaining certain sections of the 2008-2009 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 340.) 516 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38125- 061608. The motion was seconded by Council Member Wishneff and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) BRIEFINGS: FIRE DEPARTMENT: The Mayor advised that the briefing on the proposed relocation, of the firefighter memorial would be held immediately following the 2:00 p.m., session of the Council, in the Council's Conference Room, Room 453, Noel C. Taylor Municipal Building. (See pages 530 -531.) ITEMS RECOMMENDED FOR ACTION: DOWNTOWN RESIDENTIAL PARKING-PARKING GARAGES: The Mayor requested that Council defer action on the resolution regarding the downtown residential parking in order to allow Council Member Fitzpatrick the opportunity to participate in any of the deliberations. Council Member Lea offered a motion to defer action on the resolution until the arrival of Council Member Fitzpatrick. The motion was seconded by Council Nash and adopted, with Vice-Mayor Trinkle abstaining. (See pages 525.) POLICY-ADVERTISING: The City Manager submitted a written communication recommending adoption of an advertising policy. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38127-061608) A RESOLUTION adopting an advertising policy for the City of Roanoke. (For full text of resolution, see Resolution Book No. 72, page 342.) I I I I I I 517 Vice-Mayor Trinkle moved the adoption of Resolution No. 38127-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded) (Council Member Mason was absent.) TOURISM: The City Manager submitted a written communication recommending execution of an agreement with the Visitors Bureau for the purpose of marketing the Roanoke Valley as a convention and destination tourism site. (For full text see communication on file in the City Clerk's Office.) Council Member Nash offered the following resolution: (#38128-061608) 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. 72, page 343.) Council Member Nash moved the adoption of Resolution No. 38128- 061608. The motion was seconded by Vice-Mayor Trinkle. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and announced that Council Member Mason facilitated a session at the Roanoke Regional Chamber of Commerc~ Economic Development Summit. She stated that the Roanoke Valley needed to highlight the treasures of local attractions, and suggested that the City brand Roanoke as the Mecca of the East. There being no questions and/or comments by the Council Members, Resolution No. 38128-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) 518 ECONOMIC DEVELOPMENT-INDUSTRIES: The City Manager submitted a I written communication recommending execution of a performance agreement between the City of Roanoke, the Economic Development Authority, and Maple Leaf Bakery, Inc., for promotion of economic development within the City and the Roanoke Valley. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38129-061608) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), Maple Leaf Bakery Inc., (MLB), and the Economic Development Authority of the City of Roanoke, Virginia, (EDA); providing for certain undertakings by the parties in connection with the purchase and installation of new equipment at MLB's facility in the City; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 344.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38129-061608. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was taken.) (Council Member Mason was absent.) ART MUSEUM OF WESTERN VIRGINIA-CITY PROPERTY-GRANTS: The City Manager submitted a written communication recommending execution of an agreement granting permission to the Art Museum of Western Virginia to paint a mural on a City-owned retaining wall adjacent to Salem Avenue and Williamson Road, S. E. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: I I I I 519 (#381 30-061608) AN ORDINANCE authorizing the execution of an agreement and related documents with the Art Museum of Western Virginia to cause to be painted a mural on a City-owned retaining wall located at the western end of the south abutment of the Williamson Road Viaduct; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 345.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38130-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written communication recommending execution of Amendment No. 1 to a contract dated April 17, 2007, between the City of Roanoke and Genuine Parts Company in order to modify the contract term and adjust the contract amount. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38131-061608) AN ORDINANCE authorizing the City Manager's issuance and execution of an Amendment to the City's Contract with Genuine Parts Company (Contractor or GPC) for certain modifications to such Contract; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 346.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38131-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) 520 INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending execution of Amendment No. 3 to a Performance Agreement dated November 18, 2004, between the City of Roanoke, IMD Investment Group, LLC, and the Economic Development Authority of the City of Roanoke, in order to provide an additional time period for development of certain property within the Ivy Market Shopping Center. I (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38132-1061608) AN ORDINANCE authorizing the proper City officials to execute an Amendment No. 3 to a Performance Agreement dated November 18, 2004, as amended, among the City of Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which amendment will provide for a time extension concerning an obligation of IMD under such Performance Agreement; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 348.) I Vice-Mayor Trinkle moved the adoption of Ordinance No. 38132-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was taken.) (Council Member Mason was absent.) CITY PROPERTY-HEALTH DEPARTMENT-LEASES: The City Manager submitted a written communication recommending execution of a Third Amendment to a deed of lease dated June 5, 2001, granting permission to the Virginia Department of Health to lease City-owned space located at S 15 and 530 8th Street, S. W., for additional periods of one month each until June 30, 2009 (For full text see communication on file in the City Clerk's Office.) I I I I 521 Vice- Mayor Trinkle offered the following ordinance: (#38133-1061608) AN ORDINANCE authorizing the City Manager to execute a third amendment to an existing Lease Agreement between the City of Roanoke and the Commonwealth of Virginia, Department of Health, dated June 5, 2001, to further extend the term of the Lease for additional periods of one month each, not to exceed twelve months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 350.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38133-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) HUMAN SERVICES: The City Manager submitted a written communication recommending appropriation of additional funds to the Department of Social Services and the Comprehensive Services Act. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38134-1061608) AN ORDINANCE to appropriate funding from the Commonwealth and from local revenues to the Department of Social Services and Comprehensive Services Act, amending and reordaining certain sections of the 2007-2008 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 351.) 522 Vice-Mayor Trinkle moved the adoption of Ordinance No. 38134-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-5. NAYS: None-O. (Council Member Fitzpatrick was not present when the vote was recorded.) (Council Member Mason was absent.) BUDGET-GRANTS-HOUSING: The City Manager submitted a written communication recommending acceptance of the 2008-2009 Community Development Block Grant, HOME, Investment Partnerships Program and Emergency Shelter Grant Program funds from the U. S. Department of Housing and Urban Development. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38135-061608) A RESOLUTION accepting the Fiscal Year 2008-2009 funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). (For full text of resolution, see Resolution Book No. 72, page 353.) Vice Mayor Trinkle moved the adoption of Resolution No. 38135-061608. The motion 'was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Trinkle, Wishneff and Mayor Harris-4. NAYS: None-O. (Council Member Nash abstained from voting due to a conflict of interest.) (Council Member Fitzpatrick was not present when the vote was taken.) (Council Member Mason was absent.) I I I 523 I At this point, Council Member Fitzpatrick entered the meeting (2:45 p.m.) Vice- Mayor Trinkle offered the following budget ordinance: (#38136-061608) AN ORDINANCE to appropriate funding for the Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 354.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38136- 061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and Mayor Harris-6. NAYS: None-O. I (Council Member Mason was absent.) CITY CODE-GRANTS-PURCHASE/SALE OF PROPERTY: The City Manager submitted a written report recommending amendment of the City Code to include a section pertaining to loans or grants for the purchase or rehabilitation of certain residences, effective July 1, 2008. (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38137-061608) AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new Section 2-314, Loans or grants for purchase or rehabilitation of certain residences, to a new Article' XV, Housinq Loans and Grants, to Chapter 2, Administration; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 358.) I Vice-Mayor Trinkle moved the adoption of Ordinance No. 38137-061608. The motion was seconded by Council Member Lea. 524 In response to inquiry by Council Member Nash regarding the use of I General Fund monies for loans to individuals, the City Manager explained that the amendment was included in the City's Legislative Program after the City realized it did not have the authority to make loans or grants specifically to individuals with monies from the General Funds, adding that the General Assembly passed the legislation. She further advised that Council's approval was needed in order that the City may provide loans to individuals to rehab their residences. There being no additional questions and/or comments by the Council Members, Ordinance No. 38137-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and Mayor Harris-6. NAYS: None-O. (Council Member Mason was absent.) UTILITIES: The City Manager and the City Attorney submitted a joint communication recommending adoption of a utility relocation policy. I (For full text see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution (#38138-061608) A RESOLUTION adopting a policy relating to the relocation of certain utilities within the City's rights-of-way. (For full text of ordinance, see Ordinance Book No. 72, page 360.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38138- 061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and Mayor Harris-6. NAYS: None-O. (Council Member Mason was absent.) I I I I 525 DOWNTOWN ROANOKE: Having tabled a resolution at its regular meeting held on Monday, April 21, 2008, in connection with approval and re- establishment of the Downtown Residential Parking Program for City-owned or controlled parking garages for a two-year period, the matter was again before the Council. The City Manager submitted a written communication recommending approval and reestablishment of the Downtown Residential Parking Program to provide parking permits for residents within the Central Business District in City-owned and/or operated parking garages, effective June 16, 2008 until June 30, 2011, unless sooner modified or terminated by City Council. (For full text, see communication on file in the City Clerk's Office.) , Council Member Lea offered the following resolution: (#38126-061608) A RESOLUTION reestablishing and adopting a Residential Parking Program (Program) effective as of the date of adoption of this Resolution, such Program to be applicable to certain downtown residents under certain conditions in City owned or operated parking garages, as recommended by the City Manager; and authorizing the City Manager to take such actions as may be needed to implement, administer, and enforce such Program. (For full text of resolution, see Resolution Book No. 72, page 341.) Council Member Lea moved the adoption of Resolution No. 38126- 061608. The motion was seconded by Council Member Nash and adopted by the following vote: AYES: Council Members Lea, Nash, Wishneff, Fitzpatrick and Mayor Harris- NAYS: None-O. (Vice-Mayor Trinkle abstained from voting due to a conflict of interest.) (Council Member Mason was absent.) 526 REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds from the General Fund Undesignated Fund Balance to support Roanoke City Schools' ongoing effort to repair school roofs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution. (#38139-061608) A RESOLUTION to appropriate funding from the General Fund undesignated fund balance to the Reserve for School Roof Replacement project, amending and reordaining certain sections of the 2007-2008 General and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 361 .) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38139- 061608. The motion was seconded by Council Member Lea. Council Member Lea inquired about the status of the roof replacement at Forest Park Elementary School; whereupon, Kim Wade, Staff Accountant, Roanoke City Public Schools, stated that the question would be forward to the School Administration for appropriate response to the Council. There being no additional questions and/or comments by the Council. Members, Ordinance No. 38139-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and Mayor -6. NAYS: None-O. (Council Member Mason was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: I I I I I 527 CITY CLERK-CITY ATTORNEY-CITY MANAGER-MUNICIPAL AUDITOR: Vice- Mayor Trinkle offered the following Ordinance establishing comp'ensation for the Council-Appointed Officers for fiscal year beginning July 1, 2008: (#38140-061608) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2008; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 72, page 362.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38140-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and Mayor Harris-6. NAYS: None-O. (Council Member Mason was absent.) STATE HIGHWAYS-LEGISLATION: Council Member Fitzpatrick, Chair, Legislative Committee, advised that the Governor has called the General Assembly into special session on June 23, 2008, to address the transportation funding crisis in Virginia, and he emphasized the importance of the City of Roanoke providing input as to the effects of the transportation problem; whereupon, Council Member Lea offered the following resolution supporting efforts of the Governor and General Assembly to act swiftly and decisively to approve legislation that will address the transportation funding crisis at the statewide, regional and local levels: (#38141-061608) A RESOLUTION addressing Virginia's transportation funding crisis. -' ~'"Wor full text of resolution, see Resolution Book No. 72, page 364.) I Council Member Lea moved the adoption of Resolution No. 38141- 061608. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: 528 AYES: Council Members Lea, Nash, Trinkle, Wishneff, Fitzpatrick and I Mayor Harris'-6. NAYS: None-O. (Council Member Mason was absent.) CITY COUNCIL: Inasmuch as Council Member Fitzpatrick was not in attendance for the presentation recognizing his public service as a Council Member, Vice-Mayor Trinkle offered the following resolution paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., Council Member: (#38120-061608) A RESOLUTION paying tribute to the Honorable Beverly T. Fitzpatrick, Jr., and expressing to him the appreciation of the City and its people for his exemplary public service. (For full text, see Resolution Book No. 72, page 331.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38120-061608. The motion was seconded and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Wishneff and Mayor Harris-S. I NAYS: None-O. (Council Member Fitzpatrick abstained from voting.) (Council Member Mason was absent.) Mayor Harris presented a framed copy of Resolution No. 38120-061608 to Council Member Fitzpatrick. Council Member Fitzpatrick expressed his sincere appreciation for being allowed to serve the City of Roanoke and its citizens. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRES AND lOR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor stated that City Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, I recommendation or report to Council. I I I 529 Mr. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about problems within the City, especially crime. CITY MANAGER COMMENTS: INDUSTRIES-FIRE/EMS-POLlCE-CELEBRATIONS-NAACP: The City Manager pointed out that the Performance Agreement, approved earlier by the Council, with Maple Leaf Bakery, is the company's fourth expansion in the City of Roanoke, at just under $10 Million and is their largest plant in the United States. In addition, Ms. Burcham remarked that Roanoke Fire-EMS recently received the 2008 Regional Award for the Outstanding EMS Agency for the Western Virginia EMS Region. She further stated that on Saturday, June 14, a fundraising event was held for Roanoke Police Officer Bryan Lawrence that involved 1,300 motorcycles participating in a seven-mile motorcade, and approximately $40,000.00 was raised to help Officer Lawrence and his family. The City Manager announced that ICLEI (Local Governments for Sustainability) has awarded the City of Roanoke a star for completing the first of five milestones in the Cities for Climate Protection Campaign: conducting an emissions inventory and forecast. She also mentioned that the NAACP recently recognized the City of Roanoke for its ongoing support for the mission of the Roanoke Branch NAACP at its Annual Citizens of the Year Banquet, which was held at The Hotel Roanoke and Conference Center on Friday, June 13, 2008. In conclusion, she announced that Saturday, June 21, the City's public safety departments and other City departments will attend a Juneteenth community event to share information about services with citizens. She called attention to the recent homicide in the City, and stated that the Roanoke Police Department diligently worked to make an arrest and a suspect was now in custody. She expressed concern about firearms being readily available in the community. CITY COUNCIL-CELEBRATIONS: Mayor Harris announced that there will be a reception in honor of Council Members Fitzpatrick and Wishneff, the Director of Finance and himself in recognition of their services to the City of Roanoke from 5:00 p.m. - 6:30 p.m., in Room 159, first floor, Noel C. Taylor Municipal Building. At 3: 10 p.m., the Council Meeting was declared in recess to be reconvened in the Council's Conference Room for a briefing on the proposed Firefighters Monument and Closed Meetings. 530 At this point, Council Member Wishneff left the meeting. (3: 10 p.m.) I At 3:25 p.m., the Council meeting reconvened in the Council's Conference Room, Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Council Members Mason and Wishneff. FIREFIGHTERS MEMORIAL SCULPTURE The City Manager advised that the old historic Fire Station No. 1 was closed several years ago and is no longer used for daily fire operations; however, the Station continues to have a presence and is open for public tours. She further advised that there has been a lot of interest from the Fire Department staff to relocate the Firefighter Memorial statue from the Virginia Museum of Transportation to the historic Fire Station, adding that the proposed move would require a review by the Architectural Review Board; and that the cost for relocation has yet to be determined. James Grigsby, Assistant Manager for Operations, shared pictures that were provided by Betty M. Branch, the artist who created the work of art, noting that the curb and pedestrian walkway would remain the same; and the pedestals would be engraved with the names of past firefighters who lost their I lives in the line of duty. He also suggested that the Arts Council be allowed to provide input with regard to the project. Discussion: As Executive Director of the Virginia Museum of Transportation, Council Member Fitzpatrick concurred in the relocation of Firefighter Memorial Sculpture, adding that he hoped that funding would not be a factor in completing the project. Vice-Mayor Trinkle inquired if equipment could still be brought in and out of the station; whereupon, Mr. Grigsby replied in the affirmative. In response to the current use of the building, Mr. Grigsby gave an overview of the closing of the fire station, and stated that the Police Department Mounted Patrol placed stalls in the rear of the building for the horses, which are used to patrol the downtown area. I I I I 531 Vice-Mayor Trinkle inquired about the amount of time, per week, the building is closed; whereupon, Mr. Grigsby stated that there is a light duty employee to work the desk when the building is open; however, a sign is placed on the door advising the public where to call to schedule tours. The City Manager added that if light duty personnel decreased, the City could enlist retired fire employees as volunteers inasmuch as the retirees are rich in the history of the department. Council Member Fitzpatrick indicated that the Station would have to be opened on a regular basis in order to create a magnet effect of people visiting; whereupon, the City Manager reiterated that retired firefighters would be the City's first choice, but the volunteer coordinator could also be of assistance. Mr. Grigsby stated that cost was a major concern for the City, pointing out that the first rendering was $120,000.00, which was rejected. He further stated that the bid was modified in order to stay within the existing traffic and parking patterns, but he was of the opinion that the cost would decrease. The City Manager advised that she would report back to the Council after the request has been heard by the Architectural Review Board as well as the cost. Council Member Nash inquired as to why it was necessary for the Architectural Review Board to approve the project; whereupon, the City Manager responded that Fire Station No. 1 was a historic monument and that the project was to be located in a historic area. There being no further discussion, the Mayor expressed appreciation to Mr. Grigsby for the informative briefing. At 3:45 p.m., the Mayor declared the Council meeting in recess to be reconvened in Closed Meeting in the Council's Conference Room. At 4:20 p.m., the Council meeting reconvened in the Council Chamber, Mayor Harris presiding and all Members of the Council in attendance, with the exception of Council Members Mason and Wishneff. 532 COUNCIL: With respect to the Closed Session just concluded, Council Member Lea 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 were identified in any motion by which any Closed meeting was convened were heard discussed or considered by City Council. The motion was seconded c by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris- 5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there are two vacancies on the Youth Services Citizen Board created by the expiration of terms of office of Sherman P. Lea, Jr., and Aaron Ewert on May 31, 2008; whereupon, the Mayor opened the floor for nominations. The names of Sherman P. Lea, Jr., and Aaron Ewert were placed in nomination. There being no further nominations, Messrs. Lea and Ewert were reappointed as members of the Youth Services Board for terms of three years, each, ending March 31, 2011, by the following vote: FOR MESSRS. LEA AND EWERT: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-GREENWAYS: The Mayor advised that the three-year term of office of James B. Lee as a City representative on the Roanoke Valley Greenway Commission will expire on June 30, 2008; whereupon, the Mayor opened the floor for nominations. The name of James B. Lee was placed in nomination. I I I I I I 533 There being no further nominations, Mr. Lee was reappointed as a City representative on the Roanoke Valley Greenway Commission for a term of three years ending June 30, 2011, by the following vote: FOR MR. LEE: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor advised that the three-year terms of office of Martha P. Franklin, Curtis E. Mills and Letitia A. Smith as members of the Personnel and Employment Practices Commission will expire on June 30, 2008; whereupon, the Mayor opened the floor for nominations. The name of Martha P. Franklin was placed in nomination. There being no further nominations, Ms. Franklin was reappointed as a member of the Personnel and Employment Practices Commission for a term of three years, ending June 30, 2011, by the following vote: FOR MS. FRANKLIN: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor -5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: . The Mayor advised that the three-year terms of office of Susan Egbert, Douglas C. Jackson, Nelett H. Lor, Frank Eastburn as members of the Roanoke Arts Commission will expire on June 30, 2008; Ms. Lor has declined to serve another term; whereupon, the Mayor opened the floor for nominations. The name of Susan Egbert was placed in nomination. There being no further nominations, Ms. Egbert was reappointed as a member of the Roanoke Arts Commission for a term of three years ending June 30, 2011, by the following vote: FOR MS. EGBERT: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) 534 OATHS OF OFFICE-COMMITTEES-L1BRARIES: The Mayor advised that the three-year terms of office of Susan Koch, Stanley C. Breakell and Pamela S. White as members of the Roanoke Public Library Board will expire on June 30, 2008; Ms. White has declined to serve another term; whereupon, the Mayor opened the floor for nominations. I The names of Susan M. Koch, Stanley C. Breakell and The Reverend C. Nelson Harris were placed in nomination. There being no further nominations, Ms. Koch and Mr. Breakell were reappointed and Reverend Harris was appointed as members of the Roanoke Public Library Board for terms of three years, each, ending June 30, 2011, by the following vote: FOR MS. KOCH, MR. BREAKELL AND REVEREND HARRIS: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-CpMMITTEES-FIFTH PLANNING DISTRICT COMMISSION (ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION)-ClTY COUNCIL: The Mayor advised that three-year terms of office of Council Member I Beverly T. Fitzpatrick, Jr., and Vice-Mayor David B. Trinkle as elected officials representing the City on the Roanoke Valley Area Metropolitan Planning Organization will expire on June 30, 2008; Council Member Fitzpatrick is ineligible to serve another term due to change in his elected status; whereupon, the Mayor opened the floor for nominations. The names of David B. Trinkle and Alvin L. Nash were placed in nomination. There being no further nominations, Vice-Mayor Trinkle was reappointed and Council Member Alvin was appointed as elected officials on the Roanoke Valley Area Metropolitan Planning Organization for terms of three years, each, ending June 30, 2011, by the following vote: FOR VICE-MAYOR TRINKLE AND COUNCIL MEMBER NASH: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) I I I I 535 COMMITTEES-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU: The Mayor advised that the one-year terms of office of A. Morris Turner, Jr., and Barton J. Wilner as City representatives on the Roanoke Valley Convention and Visitors Bureau, Board of Directors, will expire on June 30, 2008; whereupon, he opened the floor for nominations. The names of A. Morris Turner, Jr., and Barton J. Wilner were placed in nomination. There being no further nominations, Messrs. Turner and Wilner were reappointed as City representatives on the Roanoke Valley Convention and Visitors Bureau Board of Directors for one-year terms of office ending June 30, 2009, by the following vote: FOR MESSRS. TURNER AND WILNER: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY CORRECTION PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor advised that the three-year terms of office of Judges Jacqueline Ward Talevi and John B. Ferguson as City representatives to the Court Community Correction Program, Regional Community Criminal Justice Board, will expire on June 30, 2008; Judge Ferguson is ineligible to serve another term inasmuch as he has served three consecutive terms of office; whereupon, the Mayor opened the floor for nominations. The names of Judges Jacqueline Ward Talevi and Joseph Bounds were placed in nomination. There being no further nominations; Judge Talevi was reappointed and Judge Bounds was appointed as City representatives on the Court Community Correction Program, Regional Community Criminal Justice Board, for terms of three years, each, ending June 30, 2011, by the following vote: FOR JUDGES TALEVI AND BOUNDS: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) 536 OATHS OF OFFICE-COMMITTEES-CABLE TELEVISION: The Mayor advised I that the three-year term of office of Carla L. Terry as the City representative to the Roanoke Valley Regional Cable Television Committee will expire on June 30, 2008; whereupon, the Mayor opened the floor for nominations. The name of Carla L. Terry was placed in nomination. There being no further nominations, Ms. Terry was reappointed as the City's representative to the Roanoke Valley Regional Cable Television Committee for a three-year term ending June 30, 2011 by the following vote: FOR MS. TERRY: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-CITY COUNCIL-HOTEL ROANOKE CONFERENCE CENTER COMMISSION: The Mayor advised that there is a vacancy on the Hotel Roanoke Conference Center Commission created by the resignation of Jesse A. Hall for a term ending April 8, 2011, noting Resolution No. 36209-012103 provides that the City's representatives will consist of a I current member of City Council, either the City Manager or another City employee, and a citizen at large. Inasmuch as his term of office as Mayor will expire on June 30, 2008, he requested that he be allowed to serve in the capacity of citizen at large representative; whereupon, the Mayor opened the floor for nominations. The name of David B. Trinkle was placed in nomination. There being no further nominations, Vice-Mayor Trinkle was appointed as the Council Member Representative to the Hotel Roanoke Conference Center Commission to fill the unexpired term of Jesse A. Hall ending April 8, 2011, by the following vote: FOR MR. TRINKLE: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-S. (Council Members Mason and Wishneff were absent.) It was the consensus of the Council that Mayor Harris serves in the capacity of Citizen Representative throughout his term of office on the Hotel Roanoke Conference Center Commission. I I I I 537 SHERIFF-CITY COUNClL-COMMITTEES-VIRGINIA CARES BOARD OF DIRECTORS: The Mayor referred to a communication from Ann Fisher, Executive Director, Virginia CARES, Inc., advising that it is a requirement that at least one- third of any community action agency (CAA) board shall be an elected official or designee. He pointed out that Council Member Sherman P. Lea and Sheriff Octavia Johnson currently serve on the Board; whereupon, the Mayor opened the floor for nominations. The names of Council Member Sherman P. Lea and Sheriff Octavia Johnson were placed in nomination. There being no further nominations, Council Member Lea and Sheriff Johnson were reappointed as Elected Official Representatives on the Virginia Cares, Inc., Board of Directors. FOR COUNCIL MEMBER LEA AND SHERIFF JOHNSON: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) COMMITTEES-LOCAL OFFICE ON AGING ADVISORY COUNCIL: The Mayor advised that there is a vacancy on the Local Office on Aging Advisory Council Board, formerly known as the League of Older Americans Board of Directors, created by the expiration of the term of office of Nicole Ashby on February 28, 2008; whereupon, the Mayor opened the floor for nominations. The name of Robin Murphy-Kelso was placed in nomination. There being no further nominations, Ms. Murphy-Kelso was appointed as the City's representative to the Local Office on Aging Advisory Council for a term ending February 28, 2009, by the following vote: FOR MS. MURPHY-KELSO: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-GREENWAYS: The Mayor advised that there is a vacancy on the Roanoke Valley Greenway Commission created by the resignation of Charles R. Shaver as a City representative for a term ending June 30, 2010; whereupon, he opened the floor for nominations: 538 The name of Elizabeth D. Rhine was placed in nomination. I There being no further nominations, Ms. Rhine was appointed as a City representative to the Roanoke Valley Greenway Commission to fill the unexpired term of Charles R. Shaver ending June 30, 2010, by the following vote: FOR M,S. RHINE: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) COMMITTEES-SCHOOLS: The Mayor called attention to a communication from the City Manager dated September 17, 2007, recommending a joint services agreement with Roanoke City Public Schools as well as establishing a Joint Services Committee as the entity to be responsible for evaluating and recommending to City Council and the School Board opportunities for jOint/shared services, adding that the Joint Services Committee calls for the appointment of a Member of City Council; and he opened the floor for nominations. The name of David B. Trinkle was placed in nomination. I There being no further nominations, Vice-Mayor Trinkle was appointed as the Council Member representative to the City of Roanoke/Roanoke City Public Schools Joint Services Committee, by the following vote: FOR VICE-MAYOR TRINKLE: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) COMMITTEES-PROMISE OF ROANOKE STEERING COMMITTEE: The Mayor advised that at the regular meeting of the Council held on Monday, December 3, 2007, the City Manager stated that in recognizing the importance of young people in the community, the Council approved a youth element to the City's Comprehensive Plan, and the City's own initiative, Promise of Roanoke, has been an acknowledgement by the total community of the need for everyone to be involved, adding that specific recommendations as set forth in the Youth Plan will be coordinated with the assistance of Virginia Tech and the Roanoke City School system to ensure that everyone does their part to make life not only more hopeful for the City's youth, but more productive as well; whereupon, the Mayor opened the floor for nominations for City representatives I to the Promise of Roanoke Steering Committee. I I I 539 The names of Kenneth King and Michael Smith were placed in nomination. There being no further nominations, Messrs. Kenneth King and Michael Smith were appointed as City representatives to the Roanoke Steering by the following vote: FOR MESSRS. KING AND SMITH: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION: The Mayor called attention to a briefing from Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, with regard to possible City projects to be included in the Fiscal year 2009 Regional Commission Work Program which called for the development of a Comprehensive Economic Development Strategy (in conjunction with local government representatives to serve three-year terms, Roanoke Valley Economic Development Partnership and the Alleghany Highlands Economic Development Corporation, business leaders, higher education institutions, and other regional stakeholders; whereupon, the Mayor opened the floor for nominations. The names of Vice-Mayor David B. Trinkle (elected official), Darlene L. Burcham (technical advisor), Jay Foster (private sector), Terri Workman (private sector) were placed in nomination. There being no further nominations, Vice-Mayor Trinkle, Ms. Burcham, Mr. Foster, Ms. Workman were appointed as City representatives to the Roanoke , Valley Alleghany Regional Commission, Comprehensive Economic Development Strategy Commission for terms of three years, each, retroactive to April 1, 2008, and ending March 31, 2011, by the following vote: FOR VICE-MAYOR TRINKLE, MS. BURCHAM, MR. FOSTER AND MS. WORKMAN: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) 540 OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that the I terms of office of Curtis L. Davis, Michael W. Hanks, and Donna S. Johnson as members of the City of Roanoke Pension Plan, Board of Trustees, will expire on June 30, 2006; Mr. Davis is ineligible to serve another term inasmuch as the position must be filled by a representative of the Fire Department; and Ms. Johnson has declined to serve another term; whereupon, the Mayor opened the floor for nominations. The name of Theodore W. Adkins, a representative of the Fire Department, was placed in nomination. There being no further nominations, Mr. Adkins was appointed as a member of the City of Roanoke Pension Plan, Board of Trustees, for a term of two years, ending June 30, 2010, by the following vote: FOR MR. ADKINS: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor advised that two-year term of office of Robin Murphy-Kelso as a I member of the Roanoke Neighborhood Advocates will expire on June 30, 2008; whereupon, the Mayor opened the floor for nominations. The name of Ronald L. McCorkle, Jr. was placed in nomination. There being no further nominations, Mr. McCorkle was appointed as a member of the Roanoke Neighborhood Advocates for a term of two years, ending June 30, 2010, by the following vote: FOR MR. MCCORKLE: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) ROANOKE' VALLEY-ALLEGHENY REGIONAL COMMISSION: The Mayor advised that the three-year term of office of Sherman P. Lea as a City representative on the Roanoke Valley-Allegheny Regional Commission will expire on June 30, 2008; whereupon, the Mayor opened the floor for nominations. I I I I 541 The name of David A. Bowers was placed in nomination. There being no further nominations, Mayor-Elect Bowers was appointed as a City representative on the Roanoke Valley-Allegheny Regional Commission for a term of three years, ending June 30, 2011, by the following vote: FOR MAYOR-ELECT BOWERS: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Mayor advised that due to the change in his elected status, Council Member Beverly T. Fitzpatrick, Jr., will be unable to serve as" an elected official representative on the Roanoke Valley-Allegheny Regional Commission; whereupon, the Mayor opened the floor for nominations. The name of Court G. Rosen was placed in nomination. There being no further nominations, Council, Member-Elect Court G. Rosen was appointed to fill the unexpired term of Beverly T. Fitzpatrick, Jr., as a City representative on the Roanoke Valley-Allegheny Regional Commission ending June 30, 2009, by the following vote: FOR COUNCIL-ELECT ROSEN: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. (Council Members Mason and Wishneff were absent.) At 4:30 p.m., the Mayor declared the Council meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 7:00 p.m., on Monday June 16, 2008, the Council meeting reconvened in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor C. Nelson Harris presiding. PRESENT: Council Members Sherman P. Lea, Alvin L. Nash, David B. Trinkle, Beverly T. Fitzpatrick Jr., and Mayor C. Nelson Harris-5. ABSENT: Council Members Gwendolyn W. Mason and Brian J. Wishneff -2. 542 OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Ann H. Shawver, Assistant Director of Finance; Stephanie M. Moon, City Clerk; and Cecelia R. Tyree, Assistant Deputy City Clerk. I The Invocation was delivered by Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Harris. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: The Mayor presented an Honorary Citizenship Certificate and City gifts to Sinja Renuka Schweiger, an Exchange Student from Germany. He commented that Ms. Schweiger attended Roanoke City schools during the 2007-2008 School Year and has been living with the family of Council Member-Elect AnitaJ. Price's daughter. Ms. Schweiger and Council Member-Elect Price expressed their appreciation to the City. PUBLIC HEARINGS: I ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission to rezone the following properties in order to rezone the properties and place them in zoning districts which are consistent with their current uses: (1) property at 943 Murray Avenue, S. E., Official Tax No. 4122606, from IN, Institutional District, to RM-1 , Residential Mixed Density District; (2) property at 2621 Barham Road, S. W., Official Tax No.1 550906, from R-5, Residential Single-Family District, to ROS, Recreation and Open Space District; and (3) 2835 Garden City Boulevard, S. E., Official Tax No. 4190704, from RMF, Residential Multifamily District, to RM-2, Residential Mixed Density District, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times on Friday, May 30, 2008, and Friday, June 6, 2008. (See publisher's affidavit on file in the City Clerk's Office.) I I I I 543 The City Planning Commission submitted written reports recommending approval of the application to rezone 943 Murray Avenue, S. W., Official Tax No. 4122606, advising that the Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 200/-2020, and the Morningside/ Kenwood/Riverland Neighborhood Plan; and rezoning the subject property to RM-1 District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood; approval of the application to rezone 2621 Barham Road, S. W., Official Tax No. 1550906, advising that the Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 200/-2020, and the Grandin Court Neighborhood Plan, and rezoning the subject property to ROS District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood; approval of the application to rezoning 2835 Garden City Boulevard, S. E., Official Tax No. 4190704, advising that the Commission finds the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 200/-2020, and the Garden City Neighborhood Plan, and rezoning the subject property to RM-2 District is appropriate to the site's existing physical improvements, land use and the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance. (#38142-061608) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 366.) Vice Mayor Trinkle moved the adoption of Ordinance No. 38142-061608. The motion was seconded by Council Member Lea. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. 544 There being no questions and/or comments by the Council Members, I Ordinance No. 38142-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) Vice-Mayor Trinkle offered the following Ordinance: (#38143-061608) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 367.) Vice Mayor Trinkle moved the adoption of Ordinance No. 38143-061608. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) Vice-Mayor Trinkle offered the following Ordinance: (#38144-061608) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 72, page 368.) I .,.,54_5, I Vice Mayor Trinkle moved the adoption of Ordinance No. 38144-061608. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) LEASES-CITY MARKET: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke for consideration to lease approximately 209 square feet of space of City-owned property located in the Roanoke City Market Building, located at 32 Market Square, to Eddie Soo Park to be used as a food court business, for a one-year term, the matter was before the body. I Legal advertisement of the public hearing was published in the Roanoke Times on Friday, June 6, 2008. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a lease agreement with Eddie Soo Park, doing business as Tokyo Express, for approximately 209 square feet of space in the City Market Building located at 32 Market Square, for a period of one-year, effective July 1, 2008, and expiring June 30, 2009, to operate a food service business, and to execute such other documents as may be necessary, including an amendment to the sublease. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38145-061608) AN ORDINANCE authorizing the lease of 209 square feet of space located within City-owned property known as the City Market Building, for a term of one year beginning July 1, 2008, and extending through June 30, 2009; and dispensing with the second reading of this ordinance by title. I (For full text of ordinance, see Ordinance Book No. 72, page371.) 546 Vice-Mayor Trinkle moved the adoption of Ordinance No. 38145-061608. The motion was seconded by Council Member Nash. The Mayor inquired if there were any other persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. Council Member Nash inquired if all leases for the City Market building were for one year terms; whereupon, the City Manager responded in the affirmative, advising that the previous Council approved renewal leases for the City Market building for one year terms until a permanent decision has been made regarding the City Market building. There being no additional questions and/or comments by the Council Members, Ordinance No. 38145-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) CITY PROPERTY-EASEMENT-FLOOD REDUCTION CONTROL: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday June 16, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke for consideration to place a deed of reservation on City-owned property designated as Official Tax Map Nos. 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement, in connection with the Roanoke River Flood Reduction Project, the matter was before the body. Legal advertisement of the public hearing was published in the Roanoke Times on Friday, June 6, 2008. (See publisher's affidavit on file in the City Clerk's Office.) I I I I I I 547 The City Manager submitted a written communication recommending authorization to execute and record of a Deed of Reservation and any documentation required by the U. S. Army Corp of Engineers (USACE) and to take further action and execute such other documents as may be necessary for USACE approval of the flood reduction project, with such documents to be approved as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38146-061608) AN ORDINANCE authorizing the placement of a deed of reservation on City-owned property designated as Tax Map Numbers 1230301, 1221301, 1221406, and 1322024 to allow the placement of certain trail and channel improvement easements, ingress/egress easements and a temporary construction easement in connection with the Roanoke River Flood Reduction Project, 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. 72, page371.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38146-061608. The motion was seconded by Council Member Lea. The Mayor inquired if there were any other persons present who wished to speak in connection with the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38146-061608 was adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) 548 UNFINISHED BUSINESS: 1 ARCHITECTURAL REVIEW BOARD: Council at its regular meeting on Monday, December 17, 2007, having tabled an appeal of a decision of the Architectural Review Board filed by the Roanoke Redevelopment and Housing Authority with regard to a Certificate of Appropriateness for the demolition of a structure located at 806 Marshall Avenue, S. W., Council Fitzpatrick moved that the item be removed from the table. The motion was seconded by Council Member Lea and adopted. The City Manager submitted a written communication advising that staff believes all options for a feasible rehabilitation have been exhausted and further believes the structure has a serve destabilizing effect on the surrounding neighborhood; and she recommended that City Council reverse the decision of the Architectural review Board and issue a Certificate of Appropriateness to permit the demolition of the structure at 806 Marshall Avenue, S. W. (For full text, see communication on file in the City Clerk's Office.) William D. Bestpitch, Member, Architectural Review Board, appeared I' before Council to express his appreciation for the extension of time to locate a buyer for the subject property, indicating that the City had a proposal for stabilization and rehabilitation with a reputable contractor last summer. He suggested that Council request an independent evaluation of the property by a structural engineer and a detailed analysis of the costs of the various options presented. Roger Vest, Vice-President of Real Estate Development, Roanoke Redevelopment and Housing Authority, appeared before Council to request that the City continue with the Certificate of Appropriateness to demolish the property, advising that the contractor was no longer interested in acquiring the property, and indicating that the property was now unsafe. Robert Richert, member, Architectural Review Board, appeared before Council to urge the Council to allow additional time because of the housing slump. Vice-Mayor Trinkle inquired if the lot would be marketed separately, if the house was demolished; whereupon, the City Manager advised that the vacant lot could be marketed in advance of packaging it with another proposal, and if the lot was not sold for redevelopment upon the availability of the other' piece 1 of property, the lot would be packaged with the vacant lot to ensure the replacement of a home on the lot. I 1 1 549 Vice-Mayor Trinkle inquired if the design of the home would have to decided by the ARB; whereupon, the City Manager replied in the affirmative. Council Member Nash advised that he previously walked through the home and inquired as to how long the home had been vacant; whereupon, Mr. Vest replied that the home had been vacant since 1988. Council Member Nash commented that the home was badly deteriorated and indicated that it may be time to take action. Council Member Fitzpatrick advised that in all fairness to the Council, time had been allowed for the ARB to find a buyer considering the length of time that the home had been vacant. There being no further discussion, Council Member Fitzpatrick stated that based upon the evidence presented to this Council at a hearing on December 17, 2007 and today's Council meeting, he moved that the decision of the City's Architectural Review Board on October 11, 2007, be reversed and that a Certificate of Appropriateness be issued for the demolition of a residential family structure at 806 Marshall Avenue, S. W., as set forth in the petition for appeal on the grounds that pursuant to Section 36.2-3311 (e) of the Code of the City of Roanoke (1979), as amended, the purpose and necessity of the proposed demolition are in accordance with the intent of the H-2, Historic Neighborhood Overlay District, the loss of the structure would not be adverse to the district or the public interest by virtue of the structure's uniqueness or its contribution to the district, and the proposed demolition would not have an adverse effect on the character and surrounding environment of the district. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Nash, Trinkle, Fitzpatrick and Mayor Harris-5. NAYS: None-O. (Council Members Mason and Wishneff were absent.) HEARING OF CITIZENS UPON PUBLIC MATTER: COMPLAINTS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., appeared before the Council to request that the meal tax on the fund raiser held on Saturday, June 14, 2008, be waived, and he urged the Council to continue to support the PTA and the Roanoke City Schools. 550 There being no further business, the Mayor declared the meeting adjourned at 7:40 p.m. APPROVED ATTEST: ~h;. ~btNV Stephanie M. Moon, ~C City Clerk ~/ ~ C. Nelson Harris Mayor 1 1 1