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HomeMy WebLinkAboutMins 01/04/10 - 08/16/10 I I I 51 ROANOKE CITY COUNCIL-REGULAR SESSION January 4, 2010 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke City School Board on Monday, January 4,2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairman David B. Carson 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. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Court G. Rosen -1. The Mayor declared the existence of a quorum. SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Suzanne P. ,Moore, and Lori E. Vaught and Chairman David B. Carson -4. ABSENT: Mae G. Huff, Courtney A. Penn, and Todd A. Putney-3. REPRESENTING THE CITY OF ROANOKE: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk, Jonathan E. Craft Deputy City Clerk, Cecelia T. Webb Assistant Deputy City Clerk; R. Brian Townsend, Assistant City Manager for Community Development; and James Grigsby, Assistant City Manager for Operations. REPRESENTING THE ROANOKE CITY PUBLIC SCHOOLS: Dr. Rita D. Bishop, Superintendent; Curt Baker, Deputy Superintendent; Cindy H. Poulton, Clerk to the Board; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel. The Mayor extended congratulations to the School Board a'nd Superintendent for' opening two new high schools and having all but one ofdheCity's schools fully accredited. '. ., The Chairman stated that the focus of the meeting would be to discuss reports of the joint committees-Joint Services Committee and Joint Facilities Committee. He expressed sincere appreciation to Trustee Bingham and Council Member Trinkle for co- chairing the Joint Services Committee and Trustee Penn, in his absence, and Council Member Mason for co-chairing the Joint Facilities Committee. 52 ITEMS FOR DISCUSSION: I In the absence of Trustee Penn, the Chairman stated that the plan was to use William Ruffner Middle School for consolidation of several Division services while preserving the gymnasium for community and civic use; and to use Raleigh Court Elementary School through June 2010 for culinary arts classes while Patrick Henry High School's Gibboney Hall was being renovated as well as continue using of the Raleigh Court gymnasium for community and athletic purposes. Chairman Carson further stated that a request had been submitted by Total Action Against Poverty (TAP) to City Council and the School Board, respectively, requesting use of space at the former Raleigh Court Elementary School for TAP's Head Start Program, and he was pleased to announce that the School Board supported the request since TAP received a grant that would allow a portion of the monies to be used towards making improvements to the space. The Superintendent added that the Division has an excellent relationship with TAP and she fully supported the request particularly since the Division eliminated its three-year-old preschool program last year because of budget reductions. Council Member Mason asked if it was public knowledge as to the contact person for use of the closed buildings; whereupon, Dr. Bishop remarked that inquiries should be directed to the Division's rental facility clerk. Council Member Trinkle asked if I the Ruffner gymnasium was being used by the City's Parks and Recreation Department and how much space would TAP need at Raleigh Court since there had been previous discussion concerning demolishing the elementary school in order to allow for construction of athletic fields; whereupon, the Superintendent replied that the Ruffner gymnasium was being used by the City's Parks and Recreation; and TAP plans to consolidate all of its Head Start facilities for housing at Raleigh Court. Dr. Bishop pointed out that she, Trustee Huff and several staff members would be attending a planning session with representatives from TAP in mid-January to discuss the details. The City Manager emphasized the importance of rezoning the site quickly in order to allow TAP use of the facility. The Mayor requested that legal counsel for both entities keep them apprised of any issues regarding use of Raleigh Court by TAP and that Council be informed of plans for the Division to use Ruffner as a second school administrative building with the intent to house a number of service departments. He also requested the City Registrar be kept apprised of the use of both sites as a voting precinct since the Electoral Board was in search of voting precincts. Vice Mayor Lea inquired about the cosmetology program continuing at Patrick Henry and suggested that a barbershop program be considered as part of the high school career and technical program. I I I I 53 School Trustee Moore stated that as a member of the Career and Technical Advisory Board, the cosmetology program was very successful as well as a number of other programs where dual enrollment opportunities with Virginia Western Community College existed. Council Cutler inquired as to the status of the career and technical programs following the construction of the two high schools; the Superintendent stated the programs are housed within the classrooms at the high schools, and 90 William Fleming students attend culinary arts classes at Raleigh Court as part of the dual enrollment program with Virginia Western. The Chairman noted the graduation rate for students enrolled in the Career and Technical Program remains in the 90th percentile. The Mayor asked that the school system to consider how the student training programs in culinary arts, barbership and cosmetology might be extended to citizens most in need. The Chairman reported that the William Fleming High School Stadium project was on time and within budget, with work on the stadium, field house and athletic fields commencing following demolition of remaining buildings on the site. Vice Mayor Lea re- emphasized the significance of the addition of the field house and . expressed appreciation to the School Board and School administration for their work. Council Member Mason stated that the closing of Raleigh Court Elementary and Ruffner Middle schools necessitates a set of procedures for exercising the buildings and designating that proceeds from any sale of such building or site would revert to the school system. She further stated that a draft resolution had been developed and would be presented to the Council for action and after which time, the School Board would receive the document Council Member. Trinkle reported that with School Board Trustee Bingham's leadership, the Committee comprised of the City Manager, Director of Finance and Director of Management and Budget, and Deputy Superintendent and Director of Accounting, meets regularly and will begin to meet frequently as the budget season approaches. He stated that the Community College Access Program (CCAP) has been successful, adding that the City's share of money to fund the program for the next four years would come from its increased funding to schools. He further stated that the City was committed to staying at the table through the budget process, however, in light of the current economic challenges, the City would need to see what state cuts were being made and thereafter look at revenue projections to see how it could best support the Division. 54 Council Member Mason raised a question as to whether the City/Schools knew I where the disagreement lies on revenue estimates in order for the entities not make the same mistake again; whereupon, Trustee Bingham replied that the Committee had discussed the matter several times and agreed that the discussion should focus on improving the process while agreeing to let the Deputy Superintendent do his job as well as allowing the City to do the same; and thereafter, figure out the priorities. Council Member Trinkle added that there were lessons learned, there were different budgeting mechanisms, and everyone needed to understand that there are differences while relying on the expertise of the Deputy Superintendent, Director of Management and Budget and the Director of Finance. Trustee Bingham expressed appreciation to the Council for keeping the schools whole last year, while noting the importance of communications between both bodies throughout the budget process, and be suggested that joint external communications would be beneficial. Trustee Bingham alluded to the Council and School Board needing to address the budget process and look at what was learned last year, and hoped that both sides could build trust while figuring out priorities. With regard to the Community College Access Program (CCAP), he indicated that CCAP was a life-changing program for the community, local businesses and the City's children as it had and would continue to directly impact the Division graduation rate and improve the economic status of young adults; and he pointed out that the $400,000.00 funding for the program was allocated as follows: 25 percent from Schools, 25 percent from City, 25 percent from foundations, I and 25 percent from local businesses, adding that four businesses had committed funding for five years. Trustee Bingham stated that one of the initial purposes of the Joint Services Committee was to review the funding formula between the City and Schools and in lieu of a change in the formula, the City pledged additional funding totaling $2.5 million in $500,000.00 increments through FY 2013. He further stated that because CCAP needed to outlive both public entities, a draft resolution had been developed to sustain the program for years to come and both entities were being asked to adopt similar resolutions. In addition, he explained that the City's commitment to CCAP was included in the additional $500,000.00 incremental increase to the Schools through 2013, and in 2014, the support would go directly to Virginia Western Community College. He advised that a steering committee, comprised of representatives from the contributors, had been established to oversee the effort, and because of the program, currently there were 102 City high school graduates enrolled in college. He reviewed the criteria for student eligibility, reporting that the information as well as scorecard information for the program would be provided to the Members of Council. I I I I 55 Council Member Trinkle inquired if there was a committee to approve student admissions; whereupon, Trustee Bingham stated that there was an internal admissions committee and an advisory committee, adding that Virginia Western plans to include a staff person to reach out to students. Council Member Trinkle suggested that a member of City Council participate on the advisory committee. Vice Mayor Lea commended the School Board and Administration on its efforts relative to the abovementioned program as well as the potential it provides to City students. The Chairman added that one of the key benefits of the program was the transfer arrangements available through Virginia Western for students who successfully complete the two-year program and moved towards a four-year degree. He too commended School Board Trustee Bingham for his tireless efforts and initiatives to make said opportunity available to the City's students. COMMENTS BY COUNCIL MEMBERS/SCHOOL BOARD TRUSTEES: Council Member Cutler stated members of the Kiwanis Club were interested in expanding environmental education in the Schools. The Superintendent acknowledged the importance of such programs but cautioned that the Schools' first focus must be to meet the requirements of the Standards of Learning and No Child Left Behind Act as defined in the pacing guides. She stated the instructional coordinators would be willing to review any proposed program with a focus on meeting the requirements. Council Member Mason recognized Darlene Burcham as the City Manager for her dedicated service to the City of Roanoke, stating that the newly-appointed City Manager, Christopher Morrill, would be returning to the City for another visit with his' family in February 2010 and requested that the Schools avail themselves to them as much as possible. She also asked that information pertaining to schools be transmitted to the City Clerk for forwarding to Mr. Morrill. Council Member Mason called attention to several calls from citizens regarding damages caused by vehicles at Patrick Henry High School during the heavy snow. Dr. Bishop remarked that the matter would be investigated and asked that calls be directed to her for follow-up. Council Member Trinkle requested an update regarding safety issues at its next joint meeting with the School Board. There beinq no additional comments by the School Board. Chairman Carson declared the meetinq adiourned at 10:20 a.m. There being no additional comments by the Members of Council, the Mayor declared the Council meeting in recess at 10:20 a.m. 56 At 10:25 a.m., the Council meeting was reconvened in the EOC Conference I Room, Room 159, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Rosen; and action was taken on the following items. COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (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 Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I COMMITTEES-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 mid-year performance of 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.) 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 Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I I I I 57 CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of actual litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, 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 Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bower-6. NAYS: None-O. (Council Member Rosen was absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ARCHITECTURAL REVIEW BOARD TO BE HELD ON FEBRUARY 1, 2010, AT 9:00 AM., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The Mayor requested that all agenda items be submitted to the 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. BRIEFINGS: The Director of Finance, along with JoAnne Carter, Managing Director; and Karin DeMoors, Senior Managing Consultant, The PFM Group, gave the Council a snapshot of the City's financial and credit profile. PFM reported that a recent Moody's decision in January 2008 assigned a "negative outlook' to the local government sector, and cautioned the Council that declines in the City's revenues may affect Roanoke's AA bond rating. They further explained that the City was in compliance with the debit policy from 2005 when the FY2010 budget was adopted, but since revenues have decreased, Roanoke City was approaching non-compliance. PFM also shared strategies for maintaining a strong credit profile, and highlighted various aspects of the following presentation: 58 Changes at Rating Agencies ~a ROANOKE I Recalibration proposed by Moody's and Fitch Recalibration postponed by Moody's and Fitch Moody's assigns a Negative Outlook to the US Local Government Sector S&P maintains its corporate and municipal ratings have always been aligned .'3 I Impact of Rating Agency Changes ~a ROANOKE . More difficult than ever to predict "What do rating agencies think?" . External scrutiny of ratings process by Congress and others could continue to drive changes to rating agency methodologies and internal processes . Value of three ratings should be considered and monitored over time . Investors still value bonds based on relative credit risk . Potential for increased due diligence by investors Greater reliance on in-house credit assessments Greater and systematic investor outreach from borrowers could evolve ~'4 ~. I I ~~ ROANOKE High ratings are of increased importance, providing access to capital in the current market environment. Changes in the Credit Markets General Obligation Spreads vs. Triple-A G.O. Benchmark 10 Year Maturity = 2.88% 400 , 350 i 300 i I I 250 i ~ ] '0 I ~ 200 ; ~ 150" I 100j- = 5,02% 50 ' ------------ . 0' :.. -3.75Y. o #~#####~#~~~#~~#~~~#~~#~ ,# ,,#~".#.,# 4''' ~<>" ~#~#,~<><'i',,#:'i?<,1",# ",#,,#",# ,,#'o#<S~#<S'o# ~#:",1":,#,<vJ' Source: Thomson Municipal Market Monitor, as of 12/21/09. Note: bps; basis points. 1 basis point; 0.01 % I Interest Rate Comparisons Tax-Exempt Interest Rates 5.00% 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% UXl% 0.50% 0.00% 1 2 3 4 5 6 7 8 9 W 11 12 13 M B M V 18 19 W 21 n n N 25 26 27 n 29 ~ Maturity Year I Source: Thomson Municipal Market Monitor, as of 12/30/09. Note: MMD; Municipal Market Data. AAA MMD is the triple-A rated general obligation benchmark. .. =3.07% ."5 ~~ ROANOKE AAA MMD + 50 bps = "Split" Rating Benchmark Rates AAA MMD + 30 bps = Double-A Rating Benchmark Rates AAAMMD = Triple-A Rating Benchmark Rates .'6 59 60 Roanoke's General Obligation Ratings History (5 Years)~~ ROANOKE I Moody's Standard & Investors Service Poor's Fitch RatinQs Aaa AAA AAA Aa1 AA+ AA+ Aa2 AA (stable outlook) AA- AA- A1 A+ A+ Ratings in order by Moody's/S&P/Fitch. .'7 I Roanoke's Five Year Credit Trends ~~ ROANOKE Roanoke has strengthened key credit factors over the past five years. - 0 - -0 . Assessed Value per Capita increased in each of the past five fiscal years . Reserves increased slightly in each of the past five fiscal years, but City Policy goal still not met . Per Capita Personal Income increased from FY03 to FY07 . Debt Burden projected to be in non-compliance with City Policy in FY10 to FY13 e'8 I I Budget Stabilization Reserve Adherence to and periodic review of financial policies is seen as an indication of strong financial management by rating agencies. Budget Stabilization Reserve as a % of General Fund Expenditure Budget 8.5% - 8.0% _ Policy Goal = SO-' 7.0% 7.5% -~ 6.5% 6.0% 5.5% ~- ~~ ROANOKE __ Policy Minimum = 5% 5.0% 4.5% 4.0% 2005 2006 2007 2008 2009 FlscalV-ar Sources: City of Roanoke and the Comprehensive Annual Financial Reports, FY 05-00. I I .'9 61 62 Debt Service as a % of General Fund Expenditures Debt Service as a % of General Fund Expenditures 12.0% I 10.0% I City Policy limit at 10% ~ Pi n 10.4% n 8.0% .-- 9.'" 8.7% 8."" 8.4% 8.1% I--- - I--- I--- - I--- - I-- f- I 1.1% '- - --- - ---- ---. - - -- - - .. - , J_ -- -. -- -- u --- --- - ---- --- ---- .. I , , ,- - - - - .. -- ---- .. -- -- -- - - : L ~,-- ~- - --- -- "--'-__ L- - - - -. --, 6.0% 4.0% 2.0% 0.0% 2005 2006 2007 2008 I Actual 2009 It 2010 2015/ 2011 2012 2013 I Projected 2014 Sources: City of Roanoke and the Comprehensive Annual Financial Reports, FY 05-09- Assume -3.6% experditure gro'Nth in FY 2010, -3% in FY 2011, 1% in FY 2012 and 2% thereafter. Reflects revised budget forecasts that oCOJrred after FY 201 ()..2014 CIP adoption. At tima of CIP a:toption projected ratios were 10.04%, 10.03%, 9.83%, and 9.87%, respectively. from FY 2010 to FY 2013. How Roanoke Compares to Aa3-Rated and A 1-Rated Cities Despite positive trends, Roanoke's key credit factors are weaker compared to other Aa3-rated and A1-rated cities in Virginia. . No credit factors apply ~ . Reserves . Debt Burden . Assessed Value per Capita . Per Capita Personal Income ~~ ROANOKE I .' 10 ~~ ROANOKE I .'11 I I Comparison of Reserves Unreserved General Fund Balance as a % of Revenues 3S.1m 30.1m --~- 25.0% --------- 20.60% 21.31m 20.1m Q 15.006 ~-- 12.21m 10.1m Him =OJII~D= S.1m 0.1m Richmond, VA (Aa3) Roanoke, VA (Aa3) Norfolk (AI) Portsmouth (All lynchburg, VA Newport News, Hampton, VA (Aa3) VA(Aa2) (Aa2) ~Peer Group Median ~ Moody's Median for all Aa3 Rated VA Cities ~Moody's Median for all Al Rated VA Cities ~ij ROANOKE 32.60% 20.6% J: 13.5% 12.2% Source: Moody"s Municipal Finandal Ratio Analysis Database. FY 2008 data. Roanoke data is FY 2009 preliminary. ~- ~12 ~I I Comparison of Debt Burden Net Debt as a % of Taxable Assessed Value 4.0% ------.--~- 3.60% 3.7r:J% 3.5% 3.20% 3.1m 2: 2. 2. n 2.60% r-:I 2.5% 2.0% -- 1.5% ~ 1.1m 0.5%- 0.1m Richmood, VA Pa-tsmouth, VA Hampton, VA Na-folk, VA (AI) Newport News, Roandl:e, VA (Aa3) (A1) (Aa2) VA (Aa2) (Aa3) Lynchburg.. VA (Aa3) ~Peer Group Median ~MoodV'S Median for all Aa3 Rated VA Cities ~Moody's Median for all Al Rated VA Cities ~~ ROANOKE 3.1% 2.9% 2.5% Source: Moody"s Munidpal Finandal Ratio Analysis Database. FY 2008 data. Roanoke data is FY 2009 preliminary, unaudited. .. 13 I 63 64 Strategy for Maintaining Strong Credit Profile ~~ ROANOKE I · Meetings and tours with analysts in January 2010 · Highlight positives such as diverse economy and moderate effects from slowdown in residential real estate market · Communicate financial management approach to - Constrain immediate term debt issuance and return to compliance with debt affordability policies - Target higher reserves, incrementally over time · Describe plan to revisit adopted policies including new reserve policy goals and debt burden limitation in Fall 2010 · PFM expects continued credit concerns from Moody's and possibly Fitch that may result in a downgrade, despite recent positive trends in fund balance ~"14 'ii? (See copy of presentation on file in the City Clerk's Office.) I Discussion: Vice-Mayor Lea asked for an explaination concerning the debt burden for the City; whereupon, Ms. Demoors explained that the total amount of debt outstanding for the City and the ability to repay the debt incurred was compared to the annual budget and analyzed. The City Manager added that when both budgets were adopted, the City was in compliance with the policy; however, it is the revised revenue estimates that the City must look at scaling back. Council Member Mason inquired as to the timing and what was needed from the Council; whereupon, Ms. Shawver advised that the meeting with the rating agency was scheduled to be held on January 19, 2010, and the intentions of Council would need to be addressed at said meeting. Council Membe-r Mason inquired if there was any debt to be issued soon that could be cancelled or projects in the pipeline that might not be priority at this time; whereupon, Ms. Shawver responded that some projects would have to be reprioritized, but debt issued years prior could not be altered; and the City Manager pointed out that inasmuch as some projects were almost complete and cash had been fronted for completion, said project had to be completed. I I I I 65 Vice-Mayor Lea commented that he was uncomfortable making any decisions today based on the amount of information as submitted; and he emphasized that briefings should remain brief so that information might be absorbed and hopefully, the Council could make a decision at a later date. Council Member Price inquired as to how the increase would be obtained and the time it would take to achieve the desired result; whereupon, Ms. Shawver explained that the increase would take place from 2011 through Fiscal Year 2015. In response to Vice-Mayor Lea's comment, the Director of Finance advised that the Council could digest the information today and briefly discuss the matter at its January 19 Council meeting. Mayor Bowers indicated that Council could provide comments up until January 19; however, he would prefer that a recommendation be brought back to Council for consideration. The Director of Finance recommended that the City increase its reserves to ten percent beginning with Fiscal Year 2011, and the City should look for projects it could delay as well as prioritize projects in order to improve its rating. The City Manager suggested that Council express their commitment to bringing the debt service to the ten percent or less level, as well as increasing the budget stabilization reserve by ten percent by fiscal year 2015; and that staff would meet to discuss a recommendation to bring the City into compliance with the debt policy and would present the recommendation at the January 19 Council meeting, adding that Council could at that time decide which projects should be delayed. At this point, Council Member Trinkle left the meeting (11 :27 p.m.) Recovery Zone Facility Bond Rankinqs: Mayor Bowers advised that Council Member Trinkle has declined to participate in any discussion regarding the Recovery Zone Facility Bonds due to the appearance of a conflict of interest. The Director of Finance briefed the Council using the following power point and responded to questions from the Council: 66 I Recovery Zone Bonds January 4, 2010 Background I . Recovery Zone Bonds o Recovery Zone Economic Development Bonds o Recovery Zone Facility Bonds . I nitial allocations . Steps taken thus far o RZEDBs o RZFBs 2 I I Additional Information from Commonwealth . Extension of deadline o January 12th for materials to submit to the Commonwealth . Opportunity to apply for re-allocation for both programs o January 5th for additional allocations o State to inform localities by January 12th o Initial allocation to be issued by March 15, 2010, re- allocation to be issued by June 15, 2010 o State to continue re-allocation process until all bonds have been allocated 3 I Recovery Zone Economic Develo ment Bonds . Over $47 million available for re-allocation by Commonwealth . FY10 CIP reviewed for projects not yet bid and for Davis Bacon wage compliance . FY10 CIP projects recommended include Roanoke River flood reduction, Washington Park Pool, Parks and Recreation Master Plan projects, Armory demolition, bridge renovation, curb gutter and sidewalk . Recommended request $8,745,000 including $1,602,000 of original allocation plus $7,143,000 in re- allocation request 4 I 67 68 Recovery Zone Facility Bonds . I . Nearly $105 million available for re-allocation by Commonwealth . Original applicants invited to request additional allocation and to submit additional materials through December 22nd . Two applicants withdrew, three applicants requested additional funding . Selection committee again reviewed submitted materials and performed follow up as considered appropriate to provide City Council with recommended ranking 5 I Applicant Patrick Henry Billy's Restaurant! Rowland Hotel Boxley Residences Total March 15th June 15th $ 2,403,000 $ 9.597,000 Total $ 12,000,000 3,000,000 3,000,000 5.750,000 5,750,000 $ 2,403,000 $ 18,347,000 $ 20,750,000 Criteria focused on RZFB eligibility, project readiness, overall plan of finance and documentation provided to support ability to sell RZFBs within time frames established by the Commonwealth. Submission to the Commonwealth of all projects is recommended, contingent upon completion of required forms by project applicants. 6 I I I I 69 Requested Council Actions . Adopt resolutions to: o Approve projects for additional allocation of RZEDBs o Approve the Patrick Henry project for the initial allocation of RZFBs as well as for an additional allocation request and to approve the Billy's Restaurant/Rowland Hotel and Boxley Residences projects for a request for an additional allocation of RZFBs, contingent upon completion of required forms for submission to the Commonwealth o Approve the entire City of Roanoke as a recovery zone for ease of administration 7 Ms. Shawver advised that the deadline for applications had been extended to January 12, 2010, which would allow an opportunity for local governments to apply for re-allocation funding for both Economic Development and Facility Bonds. She further advised that the State would inform the localities of allocations by the extended deadline; and initial allocation would be issued by March 15, 2010, with re-allocation funds issued by June 15, 2010. Additionally, she indicated that the State would continue the re-allocation process until all bonds were allocated. Council Member Mason inquired if any of the municipal bonds would affect the City's bond rating; whereupon, Ms. Shawver replied in the affirmative, adding that they would ensure that the bonds line up with the projects indicated in the Capital Improvement Program (CIP). The Director of Finance implied that approximately $47 million in Recovery Zone Economic Development bonds were available for re-allocation by the Commonwealth and recommended that the City request approximately $8.7 million for projects, such as the Roanoke River Flood Reduction Project, as well as the original allocation. Ms. Shawver explained that approximately $105 million of the Facility Bonds, which were for the private sector, were available for reallocation, denoting that two of the five applicants for the Recovery Zone Facility Bonds withdrew their requests for funding, and the remaining applicants were invited to request additional allocations. 70 In terms of eligibility, the Director of Finance alluded that the Patrick Henry Hotel I Project was the most ready and eligible to qualify for the initial allocation of $2,403,000.00; with the other three applicants being submitted to the Commonwealth for additional allocation. Based upon the order of ranking as recommended, Vice-Mayor Lea expressed concern regarding the significant changes in the ranking of the projects as presented at the prior Council meeting; and suggested that the City submit all three projects and allow the State to decide which projects would receive the allocation of funds; whereupon, the Director of Finance advised that the State may choose to dictate to the City as to what the City can give the applicants. There being no further discussion of the matter, the Council was supportive of the following actions to be taken: (1) approve the Patrick Henry Hotel project for the initial allocation of the Recovery Zone Facility Bond funds; (2) approve all applicants for re-allocation of Recovery Zone Facility Bond Funds, subject to further review of the Council; and (3) approve the entire City of Roanoke as a recovery zone for ease of administration for funds. Williamson Road Banner Proposal: Citv staff presented a briefinq on a request from the Williamson Road Area Business Association for erection of banners in the Williamson Road area. I (See COpy of presentation on file in the City Clerk's Office. Staff also indicated that any and all expenses would be borne by the applicant and noted that the Administration was in favor of qrantinq an encroachment to the Association. Without obiection. the Council concurred in the Staffs recommendation to qrant an encroachment to the Association to erect banners in the Williamson Road area. Citv Market Buildinq Desiqn Update: As requested by City Council, Lee Quill of Cunningham/Quill, Architects, gave the following update on the renovation options for the City Market Building: I I ~~ ROANOKE CUNNINGHAM I QUILL ARCHITECTS CITY MARKET Building LAWRENCEPERRYE&H~~~~~':~;~ I ~~ ROANOKE CUNNINGHAM I QUILL ARCHITECTS CITY MARKET Building LAWRENCEPERR\~~~~~/~':~;~ I 71 72 I I n ~ ~ " en- m r r 16ArH~O"MS :;(.OO';IIJ(. !jVENt'ORS r-QN. CON;ING "E.DO"S o~::~';;;:"" , E9 ~11Q ROANOKE CUNNINGHAM I QUILL ARCHITECTS. CITY MARKET Building LAWRENCEPERR\&H~~~~kl~~~~ I I I CUNNINGHAM I QUILL ARCHITECTS CITY MARKET Building LAWRENCEPERRYE&H~~~~/~'~~~~ ~~ ROANOKE I 73 74 I I I I I I 75 76 I I (See copy of presentation on file in the City Clerk's Office.) I I I I 77 Discussion: Council Member Cutler expressed concern regarding the stone pavers as it relates to handicap accessibility; whereupon, Mr. Quill replied that in lieu of stone pavers, textured concrete pavers would be installed to accommodate wheelchairs, walkers, etc. commonly used by people with certain disabilities. In response to a previous inquiry as to whether or not vendors could continue to operate during the renovations, Mr. Quill responded in the affirmative, adding that the cost would increase by 50 percent or approximately $2.1 million, whereby essentially renovating the building twice. He stated that it is possible to have double or 24 hour shifts during the renovation, but the costs would increase by 30 percent or approximately $1.5 million. Vice-Mayor Lea inquired as to the total amount of funds allocated for the project; whereupon, the City Manager advised that $7.6 million had been allocated for the renovation. Vice-Mayor Lea further asked if the City would be receiving cash from the sale of Federal and State tax credits; whereupon, the City Manger explained that the City was in the early stages of the process, adding that funds were received following completion of a project and only if the project met a certain criteria. R. Brian Townsend, Assistant City Manager for Community Development, reported that staff met with vendors and facilitated assistance from the Small Business Development Center to temporarily relocate vendors; and in addition, Market Building vendors were surveyed on their needs for relocation and received a list of commercial realtors with available spaces. In conclusion, Mr. Townsend stated that staff had looked at available spaces in downtown Roanoke, considered a temporary tent structure and was investigation the use of mobile carts. The City Manager indicated that the Council need to establish a definite construction schedule. Following in-depth dialogue concerning the timeframe for the renovations in relation to vendor relocation, Mr. Quill stated that staff recommendation was Option 3: Compressing First Floor and Mezzanine Construction Schedule to 10 months by Pre-ordering · First Proiect Milestone - 2.5 Months o Award contract o Contractor mobilizes "off-site' o Contractor pre-orders materials. reviews shop drawinqs. stores materials 78 . Second Proiect Milestone - 10 Months o City Market Buildinq closes o First f1oor/Mezzanine/Streetscape "on-site" construction - eiqht months o Tenantfit-out - two months o Total duration of ten months (first floor. mezzanine. 'streetscape and tenant fit-out) o First f1oor/Mezzanine/Streetscape can open o Assembly Hall opens 1.5 - two months later I Cost Neutral- Minimal *Proiect milestones to be confirmed with General Contractor upon selection Mayor Bowers remarked that the vendors were important to the market, and the City of Roanoke needed to make a commitment and an effort to retain the vendors, as well as seek a compromise between a compressed schedule with 24/7 work hours and Options 2 and 3. In closing, Mr. Quill acknowledged that they would try to combine the options and research ways to condense the timeline and decrease the costs. At this point, Council Member Trinkle entered the meeting (1 :29 p.m.) I At this point, Mayor Bowers relinquished the Chair and left the meeting (1 :30 p.m.) 10th StreetNDOT Proiect Update: In connection with the 10th StreetNDOT Project, Mark Jamison, Transportation Manager, advised that an action item would be included on the Council's January 19 agenda to approve design and proceed with acquisition of property. He pointed out that a public hearing was held in July 2009, with 60 people in attendance; and staff also met with the Washington Park Alliance in October 2009 to receive comments regarding the project. Mr. Jamison shared that residents expressed concern regarding relocation of certain residences affected by the projected, whereby explaining to the Council that VDOT intended to acquire the affected properties. (See copy of presentation on file in the City Clerk's Office.) At 1 :49 p.m., the Vice-Mayor declared the Council 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. I I I I 79 At 2:00 p.m., the Council Meeting convened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members M. Rupert Cutler, Vice-Mayor Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Court G. Rosen-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk; and Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by The Reverend Timothy P. Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-GENERAL ASSEMBLY: Council Member Cutler offered the following resolution recognizing and commending the many services rendered over the past five years by Delegate William H. Fralin, Jr., to the City of Roanoke: (#38676-010410) A RESOLUTION paying tribute to Delegate William H. Fralin, Jr., and expressing to him the appreciation of the City and its citizens for his exemplary public service. (For full text of resolution, see Resolution Book No. 74, page 1.) Council Member Cutler moved the adoption of Resolution No. 38676-010410. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. 80 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I 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. COMPLAINT-POLICE-CITY JAIL: Shaheed Omar appeared before Council and submitted written comments addressing the issue of violating his fourth, eighth and fourteenth amendments of the U. S. Constitution.. (See copy of written comments on file in the City Clerk's Office.) Without objection by the Council, Mr. Omar's remarks were referred to the City Manager and Sheriff for appropriate response. (See copy of responses from the Sheriff and Chief of Police, respectfully, on file in the City Clerk's Office.) DISABLED PERSONS: Barbara Duerk appeared before Council to request that prioritized pedestrian bicycle and handicap access on major arterials and primary corridors by added to the City's New Year resolution. (See copy of written remarks on file in the City Clerk's Office.) I Without objection by the Council, copy of Ms. Duerk's comments were forwarded to the Mayor's Committee for People with Disabilities. CAPITAL IMPROVEMENT PROGRAM: Colonel Robert Craig appeared before Council and spoke about capital spending. 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 were desired, the item would be removed from the Consent Agenda and considered separately. CITY MARKET BUILDING-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the renewal for lease of space in the City Market Building to Azar Jewelry, Inc., on a month to month basis, not to exceed 12 months, was before the body. (See communication on file in the City Clerk's Office.) I I I I 81 Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Trinkle and adopted by the following vote. AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the renewal for lease of space in the City Market Building to Tokyo Express on a month to month basis, not to exceed 12 months, 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 Trinkle and adopted by the following vote. AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) AUDIT-MINUTES: Minutes of the Audit Committee meeting held on Monday, October 5, 2009, was before the body. (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 Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) 82 OATHS OF OFFICE-COMMISSIONER OF THE REVENUE-CITY SHERIFF- I CITY TREASURER-COMMONWEAL TH'S ATTORNEY: Reports of qualification of the Honorable Sherman A. Holland as the Commissioner of the Revenue of the City of Roanoke, Virginia; the Honorable Octavia Johnson as Sheriff of the City of Roanoke, Virginia; the Honorable Donald S. Caldwell as Attorney for the Commonwealth for the City of Roanoke Virginia; and the Honorable Evelyn W. Powers as Treasurer for the City of Roanoke, Virginia, for terms of four years, each, commencing January 1,2010. (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 Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) REGULAR AGENDA I PUBLIC HEARING: NONE. PETITIONS AND COMMUNICATIONS: VIRGINIA AMATEUR SPORTS: Pete Lampman, President, and Lauren McMillian, Virginia Amateur Sports, appeared before the CounCil and shared information about a new initiative entitled, "Get Healthy Virginia 2010". It was noted that the challenge would commence January 21, 2010 and end on April 30, 2010. He encouraged the Council's participation. (See copy of information on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the information would be received and filed. FESTIVAL IN THE PARK-AMPHITHEATER: Larry Landolt, Executive Director, EventZone, and Member, Roanoke Festival Alliance, appeared before Council to discuss inclusion in the amphitheater project process; and he asked the Council to keep Elmwood Park festival friendly and to designate a liaison from City administration to work with their group during development and construction of the amphitheater. (See copy of remarks on file in the City Clerk's Office.) I I I I 83 Scott Terry-Cabbler, Member, Festival Alliance of the Roanoke Valley, appeared before Council and highlighted various points concerning the use of Elmwood Park during and after amphitheater construction. He asked the Council to appoint a direct liaison relationship with the Alliance which would be a direct channel between the Alliance, City officials, City Council, and all subsequent contractors, adding that the process could insure a balanced flow of information and communication. (See copy of remarks on file in the City Clerk's Office.) Council Member Trinkle commented that the amphitheater project has been a long running project that provides an all weather venue for concerts, festivals, etc. He reiterated that the next steps would involve an architectural and engineering firm in combination with a potential management company that would work with users of the park and other interested parties, such as The Jefferson Center and the Civic Center. He alluded to the amphitheater being a major asset for the City of Roanoke and benefiting the library as well as creating more green space in Elmwood Park. He also mentioned that the next phase would be at least a year or more. Council Member Cutler recalled his motion requiring the architectural engineering studies for an all-weather amphitheater pavilion including analysis of how traditional users of Elmwood Park could use the new facility and calling for cooperation among users to lead to the best economic potential for the facility. Discussion was held with regard to a proposed liaison from City administration; whereupon, Mr. Landolt suggested that the Assistant City Manager for Operations be the liaison. Council Member Trinkle stated that the Request for Proposal for the amphitheater was currently in process and assured the Alliance that the RFP includes language that says current users will be considered in the design. He also said architects will meet with the users of park and assess how it can best increase the flow to the market area and enhance green space. He asked that the City Manager establish a liaison from City administration to work with the festival producers. Without objection by the Council, the matter was referred to the new City Manager for report back to Council. NEIGHBORHOOD ORGANIZATION: D. Keith Hummer, President, Downtown Neighborhood Association, appeared before Council expressing concern regarding the impact of upcoming downtown projects on small businesses, and asked that the City designate a liaison that the Association could contact for communication; and also asked whether downtown residents could be allowed to set out trash any day of the week, pointing out that the downtown businesses receive more than one collection weekly, In addition, he indicated that downtown residents needed more parking availability and cited Council's recent approval of 20 parking spaces for the 204 Jefferson Condominium Association. 84 In response, the City Manager explained that downtown businesses receive one I free trash collection per week and pay for additional collections. She also stated that the City would consider the request from residents for additional trash collections and would look at downtown residential collection. She indicated that she would share with the Downtown Neighborhood Association strategies developed by the City, Center in the Square, and Downtown Roanoke Inc., to coordinate the upcoming downtown construction projects; adding that the arrangement with 204 Jefferson Condominium Association has a cost. There being no further comment, the three matters were referred to the City Manager for review and response. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTIONS: BUDGET-EMERGENCY MEDICAL SERVICES-FIRE DEPARTMENT-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Virginia Department of Fire Program mini- I grant for use by the Roanoke Fire EMS for training purpose. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38677-010410) A RESOLUTION authorizing acceptance of the 2010 Virginia Department of Fire Programs (VDFP) Training MinLGrant made to the City of Roanoke by the Commonwealth's Fire Programs Fund, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 2.) Council Member Mason moved the adoption of Resolution No. 38677-010410. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I 85 Council Member Mason offered the following budget ordinance: I (#38678-010410) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for the purchase of Fire-EMS Training Center Burn Building equipment, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 3.) Council Member Mason moved the adoption of Budget Ordinance No. 38678- 010410. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I HUMAN SERVICES-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance of funding for the Western Virginia Workforce Development Board Workforce Investment Act Program. (For full text, see communication on file in the City Clerk's Office.) Vice Mayor-Lea offered the following budget ordinance: (#38679-010410) AN ORDINANCE to transfer existing funding from the Federal government's American Reinvestment and Recovery Act (ARRA) between units of the Workforce Investment Act (WIA), amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 4.) Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38679-010410. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. I (Council Member Rosen was absent.) 86 ANIMALS-BUDGET-GRANTS: The City Manager submitted a written I communication recommending acceptance and appropriation of funds in connection with the Homeland Security Pet Sheltering Project grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38680-010410) A RESOLUTION accepting the Homeland Security Pet Sheltering Project Grant to the City from the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 4.) Council Member Cutler moved the adoption of Resolution No. 38680-010410. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6. NAYS: None-O. I (Council Member Rosen was absent.) Council Member Cutler offered the following budget ordinance: (#38681-010410) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Emergency Management for the purchase of a mobile trailer and pet sheltering equipment and supplies, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 5.) Council Member Cutler moved the adoption of Budget Ordinance No. 38681- 010410. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I I I I 87 BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a written communication recommending reallocation and appropriation/transfer of funds in. connection with the Roanoke River Flood Reduction Project. Council Member Cutler offered the following resolution: (#38682-010410) A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the general obligation public improvement bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009. (For full text of resolution, see Resolution Book No. 74, page 6.) Council Member Cutler moved the adoption of Resolution No. 38682-010410. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) Council Member Cutler offered the following budget ordinance: (#38683-010410) AN ORDINANCE appropriating funding to be provided by the Series 2010 Bonds to the Roanoke River Flood Reduction Project and transferring residual General Revenue funds from the Civic Center Event Traffic Management project to the same Roanoke River Flood Reduction Project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 8.) Council Member Cutler mo'ved the adoption of Budget Ordinance No. 38683- 010410. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) 88 COMMENTS BY THE CITY MANAGER: I HUMAN SERVICES-PERSONNEL-SNOW REMOVAL: The City Manager announced that last week 635 individuals attended the City's Job Fair at the Roanoke Civic Center; that 47 businesses were present to discuss employment opportunities and a number of non-profit organizations were present to speak about cultural and entertainment options. She further stated that the City would continue to hold fair jobs as long as there is a need. Ms. Burcham shared that many citizens expressed concerns about the response time for clearing streets after December 2009 snow event. She also pointed out that City staff had received several helpful suggestions from citizens and staff would look at how to best incorporate them in future snow removal processes. The City Manager expressed appreciation to the public for their patience during the snow removal and reminded them of the need to remove snow and ice from sidewalks in front of their businesses and residences. DIRECTOR OF FINANCE: ANNUAL-FINANCIAL REPORT: The Director of Finance gave a briefing with regard to the Annual General Reassessment for Fiscal Year 2010-2011. (For full text, see copy of Financial Report on file in the City Clerk's Office.) Susan Lower, Director of Real Estate Valuation, highlighted the following presentation: I 2010 - 2011 General Reassessment Susan S. Lower, SRA Director of Real Estate Valuation Suite 250 Noel C. Taylor Building 215 W. Church Ave. SW. Roanoke, VA 24011 (540) 853-2771 realestate@roanokeva.gov * I I . The Code of Virginia requires that all real property be assessed for taxation at 100% of market value. Our City Code requires that all property be assessed on an annual basis (every year). We notify property owners each January of any changes in the assessed values which will become effective July 1. . Only property owners that received a change in assessment were mailed a notice. This year's notices were mailed on January 4th. .~ I Real Estate Assessment Projections FY 2010 - 2011 . Reassessments will increase existing properties .18% FY 2009 - 2010 0.68% . New construction will increase 1.180/0 FY 2009 - 2010 1.08% . Total increase overall is 1 .360/0 FY 2009 - 20101.76% ~ Fiscal year 2009 - 2010 based on Finance letter dated February 23, 2009 I '* A ~l;- R 89 I , 90 . Commercial Real Estate Downtown Commercial - Land increase from Jefferson Street toward Williamson Road Downtown West - Land increase Riverside Area - Land Increase - A minimal number of improvement values were increased as a result of field reviews/equalization . Residential Real Estate No residential increase except field inspections where appraisers obtained new information and updated our database - Five condo neighborhoods went up ~ . New Construction Projects Carillon Medical Center on Reserve Ave, Police Academy, Cambria Suites, Walgreen's, Steel Dynamics Administrative Offices, Member One Corporate Center, Advance Auto Office Conversion, Retail on 460 (next to RCIT) New Rehabs - Colton Mill, Fork in the City, Lawson Warehouse, Flanary's Pub, Terrace Apartments Phase II, On the Rise Bakery cB Sales Ratio . The ratio of an appraised value or assessed value to the sale price of a property. For Example: . Assessed Value . Sale Price $180,000 $200,000 . Sales Ratio $180,000 = 90% $200,000 Source: International Association of Assessing Officers Property Appraisal and Assessing Handbook @ I ,f~ ~ I pf I I I I Fairfax City 8653 102% Hampton 50378 94% Lynchburg 30613 88% (Biennial) Newport Ne\\'s 52970 77% Norfolk 73995 93% Richmond 73012 93% Salem 10434 85% Virginia Beach 151539 93% Danville 25747 90% (Biennial) @ Source: Letter dated 12111/09 from Department of Taxation Parcel Count from 2008 VAAO Salary Survey and includes taxable, exempt, and public service. Sale Prices of Housing Roanoke Residential Sales Analysis Year 2009 2008 Percent Change Number of Sales 507 893 -43% Median Sales Price $139,950 $155,483 $137.000 $158.740 2.1% Average Sales Price -2.0% Using valid sales from Jan 1 to Nov 1 Source: Proval database 7J f: W ~ ,,:..,,'7 V~ 91 92 2009 Commercial Sales Summary YEAR 2009 2008 % Change 2007 % Change from 2008 from 2007 Volume of 32 46 -30% 69 -54% Sales Using valid sales from Jan 1 to Nov 1 m Source: Proval database ~~ ROANOKE REAL ESTATE I f, p!r N A I I I What does all this mean? \ . Residential neighborhoods appear to be continuing a trend toward stabilization - none decreasing . Commercial and Multi-Family property appears to be stabilizing after lagging slightly behind the beginning of last year's Residential trend . Residential, Commercial and Multi-Family sales volume continues to decline compared to norma trends . Overall, aggregate sales ratios remain in line with State standards '1J@ I How Can I Appeal My Assessment? ./ A property owner can file an appeal directly with the Office of Real Estate Valuation. Appeals are due in our office by February 2nd. ./ If a property owner does not agree with our appeal decision, they can file an appeal with the Board of Equalization. The Board is a three member citizen panel that is appointed by the Circuit Court each March 1 st. ./ If a property owner does not agree with the Board of Equalization's decision, they can then file suit in Circuit Court. I * * 93 94 Appeals I Appeals to Real Estate Valuation Year 2009 Parcel Count 87 2008 230 2007 259 Appeals to Board of Equalization Year 2009 Parcel Count 57 2008 43 2007 84 1J~ Are There Any Tax Relief Programs? . Elderly Tax Freeze . Disability Tax Relief Program . Rehabilitated Tax Abatement . Land Use . Solar Energy Abatement . Energy Efficient - Reduced Tax Rate 1J~ I 1st I A ');;;Tr v"< I I I I 95 History of Projected Assessment Increase for Roanoke CALENDAR YEAR FISCAL YEAR % OF REASSESSMENT % OF NEW TOTAL INCREASE CONSTRUCTION PERCENT INCREASE 2010 2011 .18 1.18 1.36 2009 2010 .88 1.08 1.76 2008 2009 3.04 1.50 4.54 2007 2008 5.23 1.07 6.30 2008 2007 7.88 0.82 8.70 2005 2008 732 1.03 8.35 2004 2005 5.98 1.23 7.21 2003 2004 5.85 1.86 7.71 2002 2003 3.22 2.08 5.28 2001 2002 3.48 1.88 5.36 2000 2001 2.81 1.63 4.44 1999 2000 2.73 1.68 4.41 '1]71 iff (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Lea inquired about foreclosure in the four quadrants of the City as well as the price ranges; Ms. Lower replied that she would research information and report back to him with an answer. Mayor Bowers asked how citizens could apply for the solar energy abatement and energy efficient reduced tax rate; whereupon, Ms. Lower advised that applications could be found online and returned to the Department of Real Estate Valuation. Council Member Cutler inquired about the number of applications that have been approved for said tax breaks; whereupon, Ms. Lower replied that 27 citizens have been approved for the energy efficient tax credit, and only one citizen for the solar energy abatement that will begin in July 2010. Without objection by the Council, Mayor Bowers advised that the briefing regarding the Annual General Reassessment for the Fiscal Year 2010-2011 would be received and filed. BOND ISSUES- ECONOMIC DEVELOPMENT: The Director of Finance submitted a written report recommending approval of addition projects determined by staff as eligible recipients of Recovery Zone Economic Development Bonds; identification of the entire City of Roanoke as a recovery zone; and ranking of projects as recipients of Recovery Zone Facility Bonds of up to $20.75 million. (For full text, see report on file in the City Clerk's Office.) 96 Prior to the votes, Council Member Trinkle stated that he had not participated in I the discussions regarding the abovementioned item. Council Member Cutler offered the following resolution: (#38684-010410) A RESOLUTION designating certain additional projects to be the recipient of funding for purposes of the issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009. (For full text of resolution, see Resolution Book No. 74, page 9.) Council Member Cutler moved the adoption of Resolution No. 38684-010410. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) Council Member Cutler offered the following resolution: (#38685-010410) A RESOLUTION designating a Recovery Zone for purposes of I the issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009. (For full text of resolution, see Resolution Book No. 74, page 10) Council Member Cutler moved the adoption of Resolution No. 38685-010410. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) Council Member Cutler offered the following resolution: (#38686-010410) A RESOLUTION approving and ranking certain projects for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009. (For full text of resolution, see Resolution Book No. 74, page 11.) I I I I 97 Council Member Cutler moved the adoption of Resolution No. 38686-010410. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) REPORT OF COMMITTEES: ECONOMIC DEVELOPMENT: The Economic Development Authority submitted a written report regarding a public hearing that had been conducted on certain applications and recommended approval of the financing and refinancing of certain projects and issuance of the bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38687-010410) whereas, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of Market Street Partners LLC, P.O. Box 1371, Roanoke, Virginia 24011, (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $5,500,000.00 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Billy's Restaurant/The Rowland Hotel, 10 Market Street S.E. and 102 Market Street S.E., Mixed use development with full service restaurant on 15t floor, meeting and conference space on 2nd floor and commercial space (possibly hotel) on other floors (the "Project"), and the Authority has held a public hearing thereon; and (For full text of resolution, see Resolution Book No. 74, page 12.) Council Member Mason moved the adoption of Resolution No. 38687-010410. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) Council Member Mason offered the following resolution: 98 (#38688-010410) WHEREAS, the Economic Development Authority of the City of I Roanoke, Virginia (the "Authority") has considered the application of 611 Jefferson, LLC, 26 Kirk Avenue, Roanoke, Virginia 24011 (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $12,000,000.00 to finance and/or refinance the cost of the Project (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Patrick Henry, 611 South Jefferson St., Roanoke, Virginia 24011, Renovation of the 160,000 sq. ft. Patrick Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel (the "Project"), and the Authority has held a public hearing thereon; and (For full text of resolution, see Resolution Book No. 74, page 12.) Council Member Mason moved the adoption of Resolution No. 38688-010410. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) I Council Member Mason offered the following resolution: (#38689-010410) WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of Fairlawn at Jefferson, LLC, 2703 Richelieu Avenue, S.W., Roanoke, Virginia 24014, (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $11,500,000.00 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of The Boxley Residences, 416 South Jefferson Street, Roanoke, Virginia 24011, Renovation of an 8 - floor 40,000 square foot commercial/residential condominiums. Top 6 or 7 floors will be luxury residential condos with upscale commercial or retail on the 1st, possible 2nd floor (the "Project"), and the Authority has held a public hearing thereon; and (For full text of resolution, see Resolution Book No. 74, page 15.) I I I I 99 Council Member Mason moved the adoption of Resolution No. 38689-010410. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Rosen was absent.) (Council Member Trinkle abstained from voting.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: HOLIDAYS-DOMESTIC VIOLENCE: Council Member Price called attention to the tragic domestic violence incidents that occurred in Roanoke recently, noting that the holiday seasons are stressful and domestic violence increases at this time of the year; and she asked citizens to remember that they have a responsibility to take care of each other and when people need help, in addition to 911, they should call Virginia 211 for assistance. HUMAN SERVICES: Vice-Mayor Lea announced that he, Delegate Onzlee Ware, Ed Lewis recently visited Sabrina House, which was established as a result of Domestic Violence Task Force efforts; pointing out that funding was difficult and stated that he would be sending the Council information on the purpose of the Sabrina House and would like to discuss how the City can continue to support the program. He asked the Council during the budget process to look at funding for programs that affect families, and commended the City administration for their support of the programs. At 4:36 p.m. the Council meeting was declared in recess for a Closed meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. At 5:09 p.m. the Council Meeting reconvened in the Council Chamber, Mayor Bowers presiding, all Members of the Council in attendance, with the exception of Council Member Rosen. 100 COUNCIL: With the respect to the Closed Meeting just concluded, Council I 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 as were identified in any motion by which any closed meeting was convened were heard, discussed or considered by City Council. The motion was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) OATHS OF OFFICE-HUMAN SERVICES: The Mayor called attention to the expiration of the four-year term of office of Angela Holland as a member of the Human Services Advisory Board; whereupon, he opened the floor for nominations. Vice-Mayor Lea placed in nomination the name of Angela Holland. There being no further nominations, Ms. Holland was reappointed as a member I of the Human Services Advisory Board for a term of four years ending November 30, .2013, by the following vote: FOR MS. HOLLAND: Council Member Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-Q (Council Member Rosen was absent.) OATHS OF OFFICE-MENTAL HEALTH SERVICES: The Mayor called attention to the expiration of the three-year term of office of Sheri Bernath; as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, ending December 31, 2009. Inasmuch as Ms. Bernath has served three consecutive terms of office, she is not eligible for reappointment, he opened-the floor fqr nomhiatio'ns. - - '.. ~ ^'-"'" ' .-, , Vice-Mayor Lea placed in nomination the name of Brenda S. Hamilton. I I I I 101 There being no further nominations, Ms. Hamilton was appointed as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term of three years, commencing January 1, 2010 and ending December 31, 2012, by the following vote: FOR MS. HAMILTON: Council Member Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O (Council Member Rosen was absent.) OATH OF OFFICE-CABLE TELEVISION: The Mayor called attention to a vacancy created by the lack of attendance of Carla Terry as the City's representative to the Roanoke Valley Regional Cable Television Committee for a term ending June 30, 2011; whereupon, the Mayor opened the floor for nominations. Vice-Mayor Lea placed in nomination the name of Robert Leftwich. There being no further nominations, Mr. Leftwich was appointed as the City's representative to the Roanoke Valley Regional Cable Television Committee to fill the unexpired term of Carla Terry ending June 30,2011, by the following vote: FOR MR. LEFTWICH: Council Member Cutler, Lea, Mason, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O- (Council Member Rosen was absent.) There being no further business, the Mayor declared the Council meeting adjourned at 5:10 p.m. APPROVED ATTEST: ~'rr1. motW Stephanie M. Moon I City Clerk 102 January 19, 2010 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 19, 2010, at 2:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk; and Cecelia T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by The Reverend Ken R. Runyon, Minister, Edgewood Christian Church. The Mayor called for a moment of silence in memory of the earthquake victims in Haiti. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-HUMAN RESOURCES: The Mayor recognized students visiting from Wonju, Korea. He presented the students with citizenship certificates. I I I I 103 ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following resolution commending the Kiwanis Club of Roanoke on its 90th anniversary: (#38690-011910) A RESOLUTION paying tribute to the Kiwanis Club of Roanoke recognizing ninety years of service to the Roanoke Valley. ' (For full text of resolution, see Resolution Book No. 74, page 16.) Council Member Cutler moved the adoption of Resolution No. 38690-011910. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. Mayor Bowers presented a ceremonial copy of Resolution No. 38690-011910 to the Kiwanis President Ken Briggs and fellow Kiwanians. Council Member Cutler remarked that the resolution explained why the Kiwanis Club of Roanoke was being recognized for its 90th birthday, adding that the Kiwanis Club of Roanoke has been and would continue to be a City partner. He announced that new in 2009 was the donation by the Kiwanis Club of $10,000.00 from proceeds from its Pancake and Auction Day to the City to pay for installation of mileposts and interpretive signs and creation of a teachers' guide for the Lick Run Greenway. (See copy of remarks on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. COMPLAINTS-BUDGET-SCHOOLS: Colonel Robert Craig, appeared before the Council and expressed concern regarding the City's $9 million budget shortfall. MISCELLANEOUS: Robert Gravely appeared before the Council and shared biblical quotes. PARKS-COMMITTEES: Evelyn Bethel appeared before the Council and inquired about status of the City Manager releasing copy of the Washington Park Committee report to the public. 104 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 Closed Meeting requests by the City Attorney and City Manager, respectfully. MINUTES: Minutes of the special meeting of the City Council Personnel Committee held on Wednesday, October 15, 2009; and the regular meeting of Council held on Thursday, October 22, 2009, were before the body. (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 Council Member Trinkle and . adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2- 3711 (A)(7), Code of Virginia (1950), as amended. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council concur in the request of the City Attorney to meet in a Closed Meeting as abovedescribed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. I I I I I I 105 FLOOD REDUCTION/CONTROL: A communication from the City Manager requesting that Council schedule a public hearing for Monday, February 1, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to allow placement of easements in connection with the Roanoke River Flood Reduction project. Council Member Mason moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in 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. Council Member Mason moved that Council concur in the request of the City Manager to convene in a Closed Meeting as abovedescribed. The motion was ~econded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE, PETITIONS AND COMMUNICATIONS: TOTAL ACTION AGAINST POVERTY: Owen Shultz, Vice President of Fund and Program Development, Total Action Against Poverty (TAP), appeared before the Council and highlighted accomplishments of TAP during the fiscal year 2008-2009 and the status of present work during 2009-2010. (See copy of written remarks and 2008-2009 Annual Report on file in the City Clerk's Office. ) 106 Vice-Mayor expressed appreciation to TAP for its assistance in the community, I especially with domestic violence under the auspices of Virginia Cares; and the Western Virginia Classic Football game which is held yearly. Without objection, the Mayor advised that the report would be received and filed. ELECTIONS-REGISTRAR: LaVern Grigsby, General Registrar, submitted a written communication requesting a temporary change in polling place from the National Guard Armory to the Roanoke City School Maintenance Building. (See communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38691-011910) AN ORDINANCE changing the polling place for Precinct #008 Jefferson #2 from the National Guard Armory, 32 Reserve Avenue, S.W., to the Roanoke City School Maintenance Building, 250 Reserve Avenue, S.W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 17.) Council Member Rosen moved the adoption of Ordinance No. 38691-011910. I The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. LEASES: Council Member Gwendolyn W. Mason submitted a written communication recommending an amendment to the policy on the Release of Real Property from Educational Use in connection with disposition and use of property by the Roanoke City Public Schools. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38692-011910) A RESOLUTION approving an amendment to City Council's policy for the transfer of real property from custody and control of the School Board to the City, and providing for an effective date. (For full text of resolution, see Resolution Book No. 74, page 19.) , I 107 I Council Member Mason moved the adoption of Resolution No. 38692-011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. REPORTS OF CITY OFFICERS: CITY MANAGER: BRIEFINGS: ITEMS RECOMMENDED FOR ACTION: EMERGENCY MEDICAL SERVICES-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Rescue Squad Assistant Fund grant from the Virginia Office of Emergency Medical Services. I (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: . (#38693-011910) 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. 74, page 20.) Council Member Mason moved the adoption of Resolution No. 38693-011910. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor.Bowers-7. NAYS: None-O. I 108 Council Member Mason offered the following budget ordinance: (#38694-011910) 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 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 21.) Council Member Mason moved the adoption of Budget Ordinance No. 38694- 011910. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. GRANTS-YOUTH-BUDGET: 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.) Council Member Rosen offered the following resolution: (#38695-011910) A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing the City to serve as the fiscal agent for distribution of the grant proceeds, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of resolution, see Resolution Book No. 74, page 22.) Council Member Rosen moved the adoption of Resolution No. 38695-011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers"7. NAYS: None-O. I I I I I I 109 Council Member Rosen offered the following budget ordinance: (#38696-011910) AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Program, amending and reordaining certain sections of the 2009-2010 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. 74, page 23.) Council Member Rosen moved the adoption of Budget Ordinance No. 38696- 011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a written communication recommending approval of major design features in connection with the 10th Street improvements. . (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38697-011910) A RESOLUTION A RESOLUTION approving the major design features of the 10th Street Improvements highway project between Fairfax Avenue and Williamson Road in the City of Roanoke and requesting the Virginia Department of Transportation to acquire all rights-of-way necessary for the project. (For full text of resolution, see Resolution Book No. 74, page 24.) Council Member Cutler moved the adoption of Resolution No. 38697-011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council 'Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. 110 CIRCUIT COURT-CITY CODE-POLICE: The City Manager submitted a written I communication recommending an amendment of the City Code to authorize the Clerk of Circuit Court to require fingerprinting for certain concealed weapon permits. (For full text, see communication on file in the City Clerk's Council Member Mason offered the following ordinance: (#38698-011910) AN ORDINANCE amending Sec. 21-78, Carrvina concealed weapons, of Article III, Weapons, of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, by adding new subsection 21-78(e), requiring the Clerk of Circuit Court to require applicants for certain concealed weapon permits to submit to fingerprinting for the purpose of obtaining an applicant's national and state criminal history record, as authorized by Sections 15.2-915.3 and 18.2-308 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. 74, page 25.) Council Member Mason moved the adoption of Ordinance No. 38698-011910. The motion was seconded by Council Member Cutler. Vice-Mayor Lea asked if the amendment to the Code to allow for fingerprinting by I in the Circuit Court Office was an added safety measure in order to obtain a concealed weapon permit; whereupon, the City Manager explained that although'the Clerk of Circuit Court had been fingerprinting for quite some time, it had been recently discovered that the City Code did not require fingerprinting by the Clerk; and therefore, it was recommended that the Code be amended. There being no additional questions and/or comments by the Council Members, Ordinance No. 38698-011910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY -COMMUNICA TIONS-EASEMENTS-POLlCE- TELEPHONE: The City Manager submitted a written communication recommending authorization to grant a 15-foot wide easement to Verizon Virginia, Inc., for installation of a communication system to serve the new Police Academy. (For full text, see communication on file in the City Clerk's Office.) I I I I 111 Council Member Mason offered the following ordinance: (#38699-011910) AN ORDINANCE authorizing the conveyance of a 15-foot wide by 729-foot long aboveground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Verizon Virginia, Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 26.) Council Member Mason moved the adoption of Ordinance No. 38699-011910. The motion' was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-COMMUNICATIONS-EASEMENTS-POLlCE DEPARTMENT- CABLE: The City Manager submitted a writt~n communication recommending authorization to grant a 15-foot wide easement to Cox Communications, Inc., for installation of a communication system to serve the new Police Academy. . (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38700-011910) AN ORDINANCE authorizing the conveyance of a 15-foot wide by 729-foot long aboveground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Cox Communications, Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance (For full.text of ordinance, see Ordinance Book No. 74, page 27.) Council Member Mason moved the adoption of Ordinance No. 38700-011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. 112 BANNERS-ENCROACHMENTS: The City Manager submitted a written communication recommending approval of an encroachment into the public right-of-way located in the 3200 block of Williamson Road, N. W., to install banners. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#38701-011910) AN ORDINANCE allowing an encroachment requested by the Williamson Road Area Business Association, Inc. ("WRABA"), to install support poles into the City right-of-way along a portion of the Williamson Road corridor located in the 3200 block of Williamson Road, in order to erect banners advertising sponsored public events, 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. 74, page 28.) Council Member Trinkle moved the adoption of Ordinance No. 38701-011910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. SNOW REMOVAL-BUDGET: The City Manager submitted a written communication recommending transfer of funds in connection with the purchase of snow removal chemicals. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38702-011910) AN ORDINANCE to transfer funding from the General Fund Contingency for Snow Removal Chemical funding, amending and reordaining certain sections of the 2009-2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 30.) I I I I I I 113 Council Member Mason moved the adoption of Budget Ordinance No. 38702- 011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: SNOW REMOVAL-BRIDGES-NEIGHBORHOOD ORGANIZATIONS: The City Manager provided an update on snow removal preparedness. She also shared information regarding events in recognition of Dr. Martin L. King, Jr. birthday. Council Member Rosen announced that the City Manger was presented the SCLC President's Award at the SCLC's Annual MLK Banquet on Friday, January 15,2010. DIRECTOR OF FINANCE: CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance announced that a briefing with regard to the Capital Improvement Program would be held in the Council's Conference Room, Room 451, immediately following the 2:00 p.m. session of Council. (See pages 118-119) BUDGETS-INSURANCE-CITY EMPLOYEES: The Director of Finance submitted a written report recommending appropriation of fund balance designated for self-insured liabilities. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following budget ordinance: (#38703-011910) AN ORDINANCE to appropriate funding from the Fund Balance Designated for Self-Insured Claims, amending and re-ordaining certain sections of the 2009-2010 General 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. 74, page 30.) 114 Council Member Cutler moved the adoption of Budget Ordinance No. 38703- I 011910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. (Council Member Mason was not present when the vote was taken.) FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of November 2009, and provided the Council with an overview of the City's finances and responded to questions from the Council with regard to the report. (For full text, see copy of Financial Report on file in the City Clerk's Office.) Council Member Mason asked how lower revenues and reductions in state . funding would affect the Roanoke City Public Schools for Fiscal Year 2010; whereupon, the Superintendent of Schools responded that 90 percent of their budget was for staff positions, and school staff might have to be laid off as the result of said losses in funding. She added that the schools were informed that the Division will lose $2.1 I million from the State over the next five months, and the Division is $1 million under budget for the year with regard to the sales tax. Dr. Bishop concluded that her staff was currently evaluating the situation as well as reviewing available options in order to address financial obligations. Curt Baker, Assistant Superintendent of Schools, spoke about the Caboose Bill and textbook funds, advising that the Governor's proposed Caboose Bill provides two major changes to the current year's revenue for the school system; and he noted that the text book subsidy had been eliminated reducing State funding for the schools by $958,000.00 to the total budget for the current fiscal year. Vice-Mayor Lea inquired about the financial status of Global Spectrum; whereupon, the Director of Finance affirmed that they were doing well, especially given the difficult economic times. The City Manager pointed out that the recent weekend with the home show and Walking with the Dinosaurs show was the best weekend in the Civic Center's existence. Council Member Rosen commented that he recently met with the Management and Budget staff and City Manager, and clarified that the 15 to 30 percent proposed services cuts to the Fiscal Year 2010 budget were not across the board, adding that staff would look for ways to keep services as high quality as possible. I 115 I There being no additional comments, the Mayor advised that the report would be received and filed. (For full text, see financial report on file in the City Clerk's Office.) REPORTS OF COMMITTEES: r BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting funds for various capital projects; 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 Price offered the following budget ordinance (#38704-011910) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Grandin Court Gym project and to transfer funding from the Reserve for Roof Replacement account to the Patrick Henry High School Culinary Arts project, amending and reordaining certain sections of the 2009- 2010 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 74, page 31.) Council Member Price moved the adoption of Budget Ordinance No. 38704- 011910. The motion was seconded by Council Member Rosen' and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting funds for various educational programs; 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 Trinkle offered the following budget ordinance: I 116 (#38705-011910) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 74, page 32.) Council Member Trinkle moved the adoption of Budget Ordinance No. 38705- 011910. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ROANOKE COMMUNITY COLLEGE-SCHOOLS: Council Member Trinkle offered the following resolution to provide financial support of the Roanoke Community I College Access Program (CCAP): (#38706-011910) A RESOLUTION recognizing and supporting the Roanoke Community College Access Program (CCAP). (For full text of resolution, see Resolution Book No. 74, page 33.) Council Member Trinkle moved the adoption of Resolution No. 38706-011910. The motion was seconded by Council Member Price. Council Member Trinkle pointed out that the resolution had been previously discussed during the January 4, 2010 joint meeting of Council and the Roanoke City School Board which supports a good program for students staying in college. He commented that resolution addresses the concern of sustainability beyond 2014 when the commitment expires. Council Member Cutler asked that the private partners involved in the project be identified; whereupon, Council Member Trinkle remarked that the list included Advance Auto Parts, Trane, Foundation for Roanoke Valley, NFA Medical Facility, and several others. I I I I 117 Vice-Mayor Lea expressed' sincere appreciation to Council Member Trinkle for his efforts and as a member of the Joint Services Committee, noting that this' was an . important step for the schools which increases hope for young people to move forward. There being no additional questions and/or comments by the Council Members, Resolution No. 38706-011910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-G. AMTRAK: Council Member Cutler offered the following resolution in support of a bus service from Roanoke to the Lynchburg Amtrak train station. Council Member Cutler offered the following resolution: (#38707-011910) A RESOLUTION supporting the establishment of a bus service from the City of Roanoke to the Lynchburg Amtrak train station. (For full text of resolution, see Resolution Book No. 74, page 34.) Council Member Cutler moved the adoption of Resolution No. 38707-011910. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Mayor Bowers-7. NAYS: None-O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ARTS-FIRE-HISTORIC PRESERVATION: Council Member Cutler congratulated City staff on the production of the 2010 Municipal Calendar. He called attention to the Annual Virginians for the Arts Foundation Conference scheduled to be held January 26-28, 2010, and inquired as to whether or not Susan Jennings, Public Arts Coordinator, would be in attendance. . 118 He also inquired about the schedule for the demolition of the National Guard Armory; whereupon, the City Manager stated that City staff had directed the Armory be vacated by March 2010, and that the City was currently conducting pre-demolition activities. Council Member Cutler inquired whether the City would be able to assist the Roanoke Historical Resources Office currently located in Buena Vista Recreation Center find a new location; whereupon, Ms. Burcham responded that the occupant may remain as long as the City owns the building, however, the building was for sale. He also asked about the fate of the Recreation Center and whether or not the City had any interested buyers. The City Manager answered that the City currently had no interested buyers and the City had not asked the Roanoke Historical Resources Office to relocate. She further stated that, on behalf of the Department of Historical Resources, the City has queried a lot of non-profits with available space, but without success. Council Member Cutler asked about the Arts Council's proposed offer for reuse of the old Fire Station No.1; whereupon, the City Manager replied that the Arts Council had advised City staff that they were not in a financial position to make the necessary renovations to the old Fire Station at this time. I At 3:53 p.m., the Mayor declared the Council meeting in recess to be reconvened in the Council's Conference Room for presentation regarding the City's Capital I Improvement Program CAPITAL IMPROVEMENT PROGRAM: Ann H. Shawver, Director of Finance; and Sherman M.' Stovall, Director, Management and Budget, briefed the Council on the current status of the City's debt service, explaining that the City was at the 10 percent level when it commenced in fiscal year 2010, but that necessary revenue reductions in the FY 2010 budget necessitate reducing expenditures and planned debt in order not to exceed said level. They recommended that the Council reallocate $2.7 million to the completion of the new Police Training Academy from sources including: . The Storefront Library project; . Remaining funds from renovation of Gainsboro and Jackson Park Branch Libraries; . Construction of the full-service library branch; . Opening day book collection for the full-service library branch; . Anticipated funds remaining from construction of the Melrose Fire Station; and . Funds from the Market Rate Home Purchase Program I I I I 119 They also shared options for major projects to delay, and gave the City's planned debt issuance through 2014 for specific projects. Following in-depth dialogue, the revised Capital Improvement Program plan for FY 2010 was approved. At 5:05 p.m., the Mayor declared the meeting in recess for a Closed Meeting. The Mayor left during the Closed Meeting (6:31 p.m.) Council Member Rosen left following the Closed Meeting (6:37 p.m.) At 6:38 p.m., the Council meeting reconvened in the Council Chamber, Vice- Mayor Lea presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Member Rosen. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Cutler moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 Price and adopted by the following vote: AYES: Council Members Mason, Price, Trinkle, Cutler, and Vice-Mayor Lea-5. NAYS: None-O. (Mayor Bowers and Council Member Rosen were absent.) At 6:40 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, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-O. 120 The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann c'H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk, and Cecelia T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by the Mayor Bowers. The Mayor called for a moment of silence in memory of the earthquake victim in Haiti. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: I ACT OF ACKNOWLEDGEMENTS-SCHOOLS: The Mayor recognized the 8th Grade Civic and Economic Classes of Jackson Middle School and Vince Mier, Teacher. SEWERS AND STORM DRAINS-UTILITIES: Pursuant to instructions by the I Council, the City Clerk having advertised a public hearing for Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the creation of a stormwater utility, which provides for the following: 1. A source of revenue, based on a parcel's impervious surface, to be used exclusively for stormwater management projects and activities. 2. A monthly stormwater utility fee in the amount of $3.00 per Equivalent Residential Unit (ERU), which is defined as 1,920 square feet of impervious surface, to be imposed on all improved parcels in the City as of March 1, 2010, and January 1 of each year thereafter. All improved single-family residential parcels would pay a fee equal to the rate established for one ERU. All other parcels, except those exempted under the authority of Section 15.2-2114.B, Code of Virginia (1950), as amended, would pay the rate per ERU multiplied by the number of ERUs on the parcel rounded to next highest whole numbers. 3. A system of credits against the fee for those who parcel owners thatmaintain structurally and operate stormwater management facilities in accordance with specified criteria or are subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stormwater permit. I I I I 121 4. Criteria and a process for requesting and determining adjustments to the stormwater utility fee. 5. Other policies and procedures for the administration and enforcement of the stormwater utility fee; and the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times once on Saturday, January 2, 2010, and once on Sunday, January 10, 2010; and once in the Roanoke Tribune on Thursday, January 7, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending an amendment of the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.5, Stormwater Utility, which would be effective on or after March 1, 2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following: "AN ORDINANCE adding Chapter 11.5, Stormwater Utility, to 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." Council Member Cutler moved the adoption of the Ordinance. The motion was seconded by Council Member Trinkle. City Engineer, Phil Schirmer gave a brief overview of the need for a stormwater utility advising that there are 191 projects, totaling $58.9 million; and responded to questions from the Council. Mr. Schirmer advised that a fee' of $3.00 dollars per equivalent residential unit from about 28,000 residential parcels would generate approximately $3.5 and $4 million per year of revenue for storm drains. He further advised that businesses would pay on average $33.00 per month, not including credits that would be available for business owners. He stated that the City has about $60 million in storm water projects on the drawing board, adding that it would take the City decades to correct the problem. In conclusion, he explained that other localities around the state have imposed fees on homes and businesses to help mitigate storm C water problems and improve water quality. 122 In response to an inquiry from Council Member Trinkle with regard to incentives; I Mr. Schirmer responded that the credits would vary between 10 and 50 percent for existing stormwater management systems. Council Member Trinkle indicated that he would like for a residential incentive to be considered as well. Council Member Cutler asked Mr. Schirmer to explain how water quality would be affected and what could be done to reduce the amount of pesticides, fertilizers, and toxic contaminants that are contained in stormwater; whereupon, Mr. Schirmer advised that there were several techniques listed in the Best Management Practices (BMP) manual to deal with those contaminants and many were natural, vegetative solutions that filter storm water before it goes into the system. Council Member Cutler inquired if the proposed fee was comparable to other localities; whereupon, Mr. Schirmer responded that the proposed fee would be currently the lowest in Virginia. Following dialogue with regard to multi-family structures, Mr. Schirmer advised that to do nothing would involve penalties, fines and consent orders to be taken very seriously. He explained that Roanoke was an older City with many infrastructure needs and the longer needs are neglected, the more expensive it becomes to correct. Vice-Mayor Lea commented that it was unfair to place a new fee on citizens, noting that it should be addressed as a regional issue. I The City Manager remarked it had been suggested that the City consider the stormwate.r utility program as a tax so that it could be a deduction on income tax returns whereby a utility fee could not. She was supportive of the Council considering an equivalent tax rate increase to apply across the board. The Mayor inquired if there were persons present who wished to speak in connection with the matter; whereupon, the following 13 individuals appeared before the Council to express reservations about the additional cost to citizens and businesses: Robert Craig; James M. Turner, Jr., Chairman, Roanoke Airport Commission (see copy of communication on file in the City Clerk's Office); Joyce Waugh, President, Roanoke Regional Chamber of Commerce; Wendy Jones, President, Williamson Road Area Business Association; Maryellen Goodlatte, Attorney, representing six businesses; Daniel Hale, Jr., President, Miller Court Neighborhood Alliance; Gregory Cox; Ben Burch; Bill Ashford, First Baptist Church; I I I I 123 Christian Tolbert; James Settle; Scott Terry-Cabbler, Vice-President, Total Action Against Poverty Board of Directors; and Fred Corbett, representative of churches in the southeast quadrant of the City. There being no further'speakers, the Mayor declared the public hearing closed. Council Member Mason offered a moHon to table the matter. The motion was seconded by Council Member Trinkle. As an observation, Council Member Cutler pointed out that there was significant resistance to addressing the issue, adding that he was of the opinion that the issue of storm water management should be handled by the Western Virginia Water Authority, as well as water supply and sewage treatment; and suggested that the issue be discussed with the Water Authority and adjoining localities. Council Member Trinkle concurred in comments as stated by Council Member Cutler, adding that it was his hope that staff would take the comments and phase them in as well as review the rate, seek support on a regional level. The City Manager alluded to penalties, if guidelines were not met. Mayor Bowers suggested that citizen groups participate in the discussions and that the proposal be brought back to the Council at a future date. Council Member Mason expressed concern that proposed stormwater utility had not been discussed with the Roanoke Airport Commission prior to the public hearing being conducted by the Council. There being no additional comments by the Council Members, the motion to table the matter was unanimously adopted. At this point, Vice-Mayor Lea left the meeting (8:24 p.m.) STREETS AND ALLEYS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Pilgrim Baptist Church to permanently vacate, discontinue and close an alley off of 8th Street, N.W" adjacent to parcels bearing Tax Nos. 2032001,2030801 and 2030803, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 8, and Friday, January 15, 2010 (See publisher's affidavit on file in the City Clerk's Office.) 124 The Planning Commission submitted a written report recommending approval of I the applicant's request; noting that the applicant should not be charged for the subject alley located off 8th Street, N.W., adjacent to parcels bearing Official Tax Nos.2032001, 2030801, and 2030803, with closure being subject to following proffered conditions: A. 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. Such plat shall combine all properties of the applicant (Official Tax Nos.2032001, 2030201 and 2030401) and the vacated right-of-way, in accordance with law. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, I 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. C. Upon recording a certified 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. D. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the Clerk's Office.) Council Member Mason offered the following ordinance: (#38708-011910) AN ORDINANCE permanently vacating, discontinuing and closing a 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. 74, page 35.) I I I I 125 Council Member Mason moved the adoption of Ordinance No. 38708-011910. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak with regard to the closure. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38708-011910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, and Cutler-5. NAYS: None-O. (Mayor Bowers abstained from voting.)(Vice-Mayor Lea was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Tuesday, January 19, 2010 , at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Virginia Lutheran Homes, Inc., to repeal existing conditions proff.ered as set forth in Ordinance No. 30398-21991 and replace them with the conditions that the development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks ," prepared by Perkins Eastman Architects PC dated July 28, 2009, amended October 29, 2009, subject to any changes required by the City during comprehensive development plan review, and that supplementary landscaping shall be installed and maintained in accordance with Sections 36.2-642(e) and (f) within the existing natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," prepared by Dan Chitwood, dated November 18, 2009, for property at 3804 Brandon Avenue, S.W., Official Tax No. 5180304 for continued residential use of the property; the matter was before the body. ~ Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 8, and Friday, January 15, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommended approval of the amendment of proffers, advising that a majority of the Commission found the application to amend proffers on Official Tax No. 5180304 to be consistent with Vision 2001-2020 and the Greater Deyerle Neighborhood Plan which specifies the property for residential multifamily development. (For full text, see report on file in the City Clerk's Office.) 126 Council Member Mason offered the following ordinance: (#38709-011910) 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. 30398-21991, adopted on February 19, 1991, to the extent that it placed certain conditions on Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., 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. 74, page 37.) Council Member Mason moved the adoption of Ordinance No. 38709-011910. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter; whereupon, the following individuals appeared before the Council: Bonnie Mann, Betty Mann, Ron Milan, Doreen Fishwick, Joan Bugbee, Nathan Tanner, John Merkwan, Mark Kennedy, and Sharon Kennedy. There being no further speakers, the Mayor declared the public hearing closed. I There was dialogue regarding mutual agreed upon times to hold meetings I between with petitioner and property owners. There being no further questions and/or comments by the Council Members, Ordinance No. 38709-011910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) At this point, Council Member Mason left the meeting (9:22 p.m.) .~ ZONING: Pursuant to Resolution 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard on the request of D & S Development Group, LLC, to repeal the proffers accepted by City Council when it adopted Ordinance No. 28387 on October 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206, and to rezone 4403 Woodbridge Avenue, N. W., bearing Official Tax No. 6370210 and a .021 acre I portion of the parcel bearing OUicial Tax No. 6370206, from CG, Commercial General District, to R-3, Residential Single Family District, subject to the condition that the I I I 127 property be developed in substantial conformity with the development plan prepared by ACS DESIGN, LLC, dated November 25, 2009, subject to any changes that may be required during comprehensive development plan review, for development of town homes; the matter was before the body. Legal Advertisement of the public hearing was published in The Roanoke Times on Friday, January 8, and Friday, January 15, 2010. (See publisher's affidavit on file in the CityClerk's Office.) The Planning Commission submitted a written report recommending approval of the amendment and rezoning. It was advised that the applicant requests that the following proffered condition be repealed as it pertains to Official Tax No. 6370210 and the subject portion of Official Tax No. 6370206: The petitioners hereby proffer and agree that if the tract is rezoned as requested that the rezoning will be subject to and that the petitioners will abide by a condition that the tract as rezoned will be used only for purposes permitted under C-1 , Office and Institutional District. It was further advised that the applicant requests that the following proffered condition be adopted as it pertains to Official Tax No., 6370210 and the subject portion of the Official Tax No. 6370206: The property will be developed in substantial conformity with the gevelopment plan prepared by ACS Design, LLC, dated November 25,2009, a copy of which is attached to the application as Exhibit 3, subject to any changes that may be required by the City during comprehensive development plan review. (For full text, see report on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance: (#38710-011910) 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 repeal conditions as they relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge Drive, and rezoning such property from CG, Commercial General District, to R-3, Residential Single Family District; placing a new proffer on the subject properties; and dispensing with the second reading of this ordinance by title. . (For full text of ordinance, see Ordinance Book No. 74, page 39.) 128 Council Member Cutler moved the adoption of Ordinance No. 38710-011910. I The motion was seconded by Council Member Trinkle. The Mayor i~quired if there were person present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38710-011910 was adopted by the, following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, and Mayor Bowers--5. NAYS: None-O. (Vice-Mayor Lea and Council Member Mason were absent.) CITY MARKET-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal to lease approximately 418 square feet of City-owned property located in the Roanoke City Market Building located at 32 Market Square to Elias Azar, d/b/a Azar Jewelry, Inc., on a month-to-month term basis, commencing February 1, 2009, such term not to exceed one year, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday; January 8, 2010. I (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a lease agreement with Elias Azar d/b/a Azar Jewelry, Inc., for 418 square feet of space in the City Market building, for a month to month term basis, effective February 1, 2010, not to exceed twelve months, 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 Cutler offered the following ordinance: (#38711-011910) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Azar Jewelry, Inc., for approximately 418 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a month-to-month term, effective February 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 41.) I I I I 129 Council Member Cutler moved the adoption of Ordinance No. 38711-011910. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were person present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38711-011910 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, and Mayor Bowers-S. NAYS: None-O. (Vice-Mayor Lea and Council Member Mason were absent.) CITY MARKET-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, January 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal to lease approximately 210 square feet of City-owned property located in the Roanoke City Market Building, to Eddie Soo Park d/b/a Tokyo Express on a month to month basis beginning February 1, 2010, not to exceed one year, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 8, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a lease agreement with Tokyo Express restaurant, for approximately 182 square feet of space in the City Market Building, for a month-to- month term basis, effective February 1, 2009, not to exceed twelve months, subject to approval as to form by the City Attorney. Council Member Cutler offered the following ordinance: (#38712-011910) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Eddie Soo Park, d/b/a Tokyo Express, for approximately 182 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a month-to-month term, effective February 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 42.) 130 Council Member Cutler moved the adoption of Ordinance No. 38712-011910'. The motion was seconded by Council Member Rosen. The Mayor inquired if there were person present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38712-011910 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Mason were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS-ECONOMIC DEVELOPMENT: Robert Gravely appeared before the Council and spoke about plans for economic growth. There being no further business, the Mayor declared the meeting adjourned at 9:30 p.m. APPROVED ATTEST: ~ Yh. DjottvV Stephanie M. Moon, CMC City Clerk S) Q C?Sl~ David A. Bowers Mayor I I I I I I 131 ROANOKE CITY COUNCIL-REGULAR SESSION February 1, 2010 9:00 a.m. The Council of the City of Roanoke met in joint session with the Architectural Review Board on Monday, February 1, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, 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 a,mended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009; with Mayor David A. Bowers and Chairman Barbara A. Botkin presiding. PRESENT: Council Members Anita J. Price, Court G: Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: William D. Bestpitch, Alison S. Blanton, Derek B. Cundiff, Mary V. H. Dykstra, John Fulton, and Chair Barbara A. Botkin-6. BOARD MEMBERS ABSENT: Aaron Copeland-1. OFFICERS PRESENT: Darlene L. Burcham, City Manager, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. , Moon, City Clerk. OTHERS PRESENT: Erika Taylor, Agent, Architectural Review Board,. Mayor Bowers welcomed everyone to the meeting. 2009 Annual Reoort Chairman Botkin shared an overview of the 2009 Annual Report, specifically calling attention to the procedures for residing in a historic district. Discussion also included Council's support of the ARB programs that provide . financial assistance, education awareness in the community and an interpretation of ARB guidelines. 132 There being no additional comments by the Members of Council and the Architectural Review Board, Mayor Bowers expressed appreciation to the Board for meeting with the Council to discuss items of mutual interest and concern. The Mayor declared the meeting in recess at 10:30 a.m., and reconvened to discuss the following agenda items: COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (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 Council Member Price and adopted by the following vote: AYES: Council Members Price, Trinkle, Cutler, Lea, Mason and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) 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, and to discuss the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), 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 above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Price, Trinkle, Cutler, Lea, Mason and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) I I I I I I 133 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. BRIEFINGS: FY 2010 Budoet Update Sherman M. Stovall, Director of Management and Budget, provided an update regarding the FY2009-2010 Budget Issue. Hel explained that the projected revenue shortfall for the City in FY 2010 was $9,085,0001.00; and of that amount, he said that the shortfall attributed to Roanoke City Public Schools was $2,537,945.00. He advised that, providing the City Schools address their shortfall, the City's net shortfall would be $6,547,055.00; and that, combined with the $1,952,330.00 in additional expenditures anticipated for the City in FY2010, the net shortfall for the City is anticipated to be $8,499,385.00. He also shared strategies to address revenue shortfalls and expenditures issues, and said program reductions also required to balance the budget, identified in the amount of $9,383,919.00, in order to address the City's shortfall. FY 2009-201 0 Budget Issue Update ~ ROANOKE February 1, 2010 134 FY 2010 Revenue Status Projected Revenue Shortfall Local Taxes ($7,366,000) Other Local Revenue $64,000 Intergovernmental - State ($1,783,000) Total Projected Revenue Shortfall ($9,085,000) School Share of Projected Local Tax $2,537,945 Revenue Decline Net Budget Shortfall ($6,547,055) 2 Expenditure Issues · Additional Expenditure Issues - $1.952.330 · Workers' Compensation - $640,000 · Chemicals Snow Removal - $198,230 · Recycling Contract - $75,000 · Electoral Board - $106,600 · Council Primary and Council Election · Fire-EMS and E-911 Overtime - $125,600 · Motor Fuels - $110,000 · Vehicle Maintenance (Parts) - $332,000 · Miscellaneous Claims - $46,000 · Miscellaneous- $318,900 3 I I I I FY 2010 Budget Status Projected Revenue Shortfall Local Taxes ($7,366,000) Other Local Revenue 64,000 Intergovernmental- State (1,783,000) Total Projected Revenue Shortfall ($9,085,000) School Share of Projected Local Tax $2,537,945 Revenue Decline Additional Expenditure Issues ($1,952,330) Revised Budget Shortfall ($8,499,385) 4 Strategies to Address Revenue Shortfall and Expenditure Issues . Previouslv Identified Strateaies - $6.699.781 · Budget Contingency - $1,010,887 · Motor Fuels Contingency - $384,596 · Hiring Freeze - $1,100,000 J · Additional position turnover savings above budget , · Fleet Replacement - $1,600,000 · Technology Capital - $700,000 · OPEB Annual Required Contribution - $82,000 · Contribution lower than anticipated · Debt Service - $269,780 · Lower than anticipated 5 I I 135 136 I Strategies to Address Revenue Shortfall and Expenditure Issues · Previouslv Identified Strateaies - (Continued) · Street Paving - $298,738 · Unobligated funding Juvenile Residential Detention - $588,310 · Based on average utilization · Performance Agreement - $400,000 · IMD Performance Agreement · Commonwealth Attorney and Sheriff - $265,470 · Based on State reduction initially identified 6 Program Reductions I · Reduction options of 15% and 30% of unexpended budget, with options linked to: · Specific expenditure accounts · Program, Service, Business Activity · Reduction Impact · Excluded: · Regular salary and benefits · Funding to outside agencies · Transfers (Debt Service, GRTC, Market Building, Civic Facilities, Capital Projects) - Focus on curtailing expenditures for the current fiscal year I I Reductions - Administrative Overhead · Total- $1,413,849 · Training and Travel, Supplies, Equipment Replacement, Publications and Subscriptions, Uniforms, Dues and Memberships, Printing, Professional Services, Records Management, Postage - TraininglTravel . $184,092 - Maintenance Contracts. $120,339 - Supplies - $99,682 - Equipment - $94,966 - Wearing Apparel. $90,166 8 I Reductions - Program · Total - $1.270.307 · Juvenile Court Services - $12,000 · Reduction Hourly Staff Hours for Court Expediter - $7,000 · Prevention Services - $5,000 · Jail Operations - $73,668 · Overtime - $3,000 · Food - $70,668 · Office of Communications - $66,800 · Clean and Green Marketing - $9,800 · Spring Issue Citizen Magazine - $33,000 · Municipal Calendar - $24,000 9 I 137 138 I Reductions - Program · Planning, Building and Development - $22,983 · Neighborhood Improvement Grants. $4,781 ~ · Welcome Wagon. $4,218 · Hourly Staff Citizen Service Center Desk $9,984 · Graffiti Abatement. $4,000 · Parks and Recreation - $86,665 · Parks and Greenway Planning - $8,245 · Extended Park Restroom Closing. $20,000 · Reduced Frequency Park Restroom Cleaning. $5,935 · Eliminate Selected Spring Fertilization and Weed Control - $986 · Contract Mowing - $2,250 · Park Maintenance Supplies - $7,400 · Athletic Field Maintenance. $3,000 10 Reductions - Program · Parks and Recreation (continued) · Greenway Maintenance. $3,300 · Hanging Baskets (Gateways and High Profile Areas) . $2,575 · Night of Champions - $21,525 · Government in Action Tours. $2,500 · Aquatics Dive-In Movie Program. $300 · Reduction in Program Activities - $7,449 · Therapeutic Recreation Program Scholarships . $1,200 I 11 I I Reductions - Program · Juvenile Justice - $35,056 · Vacant Position- $19,439 · Reduction in use of hourly staff Iclient capacity - $13,117 · Program Activities - $2,500 · Social Services - $37,170 · General Relief - $15,000 · Emergency Relief - $20,000 · Misc. Program Activities - $2,170 12 I Reductions - Program · Police - $245,518 · Overtime · Library-$41,195 · Publications and Subscriptions - $26,195 · Library Programs - $15,000 · Human Resources - $45,350 · Third Party Exit Interviews $3,000 · Volunteer Program - $15,000 · Diversity Initiative - $8,100 · Service Excellence - $4,500 · Suspend Leadership Development Training - $14,750 (Provided by Ferrum College and Radford University) 13 I 1,39 140 I Reductions - Program · Custodial Services - $27,795 · Contracted Window Cleaning · Building Maintenance - $294,000 · Defer Planned HV AC Projects - $44,000 · Defer Planned Capital Maintenance Projects -$250,000 · Fire-EMS - $26,107 · Reduce Hourly Staffing for Business Inspections · Transportation - $98,000 · Bridge Repairs. $30,000 · Contracted Maintenance and Repair (curb, gutter, sidewalk, storm drain and inlet, guardrail) - $15,000 · Supplies (mulch, seed, plant material) for Median and Right of Way areas - $17,000 · Curb, Gutter, Sidewalk Repairs. $10,000 · Street, Drainage, and Erosion Control Repair - $10,000 · Traffic Signal Loop Detection and Equipment Repairs - $16,000 e. 14 Reductions - Program I · Solid Waste Management - $100,000 · Collection of Bulk/Brush Items on Alternating Weeks · Change in Alley Collection Schedule · Technology - $58,000 · Delay Implementation of Enhanced Telephone Technology - $50,000 · Reduce Availability of Xerox Special Print Services - $8,000 15 I I I I 141 FY 2010 Budget Status Total Projected Revenue Shortfall ($9,085,000) Additional Expenditure Issues ($1,952,330) Total Budget Issues ($11,037.330) School Share of Projected Local Tax $2,537,945 Revenue Decline Budget Shortfall ($8,499,385) Previously Identified Strategies to $6,699,763 Address Revenue Shortfall and Expenditure Issues Administrative Overhead/Program $2,684,156 Reductions Total Identified Reductions $9,383,919 Net Available $884,534 16 Discussion: Vice-Mayor Lea asked about the hiring freeze; whereupon, Mr. Stovall said that at the end of FY 2009 a hiring freeze had been implemented which resulted in more than a slow down in hiring. In addition, he said that before a position could be filled, it had to be completely justified; and most of the positions were in public safety. He indicated that by using this method, a projected savings of $1.1 million would be realized. Ms. Burcham reminded the Council that the City of Roanoke budgets for turnover savings, it do not budget for all positions to be filled for 12 months of the year. Mr. Stovall stated that his office had been as proactive as possible in implementing strategies that would result in expenditure reductions, but those strategies alone were not enough to close the gap and they were forced to look at program reductions. He further stated that salaries and benefits were not included in the reductions in an effort to mitigate the impact on full time employees, adding that most of the emphasis was being placed on curtailing expenditures. He spoke briefly about administrative overhead expenditure reductions, if eliminated would not see a significant impact, such as training and travel, supplies and equipment replacement, totaling approximately $1.4 million. Council Member Price asked Mr. Stovall to elaborate on the Juvenile Counseling Services; whereupon, he explained that those were counseling services that Juvenile services would provide before going forward to detention, noting that it was merely a reduction, not an elimination of the service. 142 Council Member Cutler inquired about the reduction in the Park's greenway planning and whether it included an individual's salary; whereupon, Mr. Stovall answered that a certain amount of hourly staff was used to supplement full time staff for greenway planning as well as other planning, and there would be a reduction in the use of the hourly staff. I Council Member Cutler asked if the reductions meant that there would be no Spring Issue of Citizen Magazine and Municipal Calendar; whereupon, Mr. Stovall said that the hard copy form of the Spring Issue of the Citizen Magazine would be suspended, but would be available online, and fewer copies of the Municipal Calendar were printed this year and were not mailed. Council Member Price inquired about the elimination of the Night of Champions; whereupon, Mr. Stovall responded that the program would be suspended, but encouraged the Parks and Recreation Department to seek corporate or private sponsorship for the event in the future. At this point, Council Member Rosen entered the meeting (10:48 a.m.) Council Member Mason was concerned about police overtime and wondered if " the cut would eliminate the overtime entirely; whereupon, Mr. Stovall pointed out thaf having spoken with the Police Chief, the elimination would mean cutting it by one half, I adding that there were other alternatives with regard to scheduling, training and court attendance to address the situation. Council Member Cutler inquired about collection subscriptions; whereupon, Mr. Stovall said that it did include it but that it was not being cut entirely. Council Member Cutler stated that it was important to maintain the subscriptions in order to maintain case law books. The City Manager remarked that the Deferred Capital Maintenance was one that staff had been trying to grow, along with Fleet Management and Technology Capital, but it was one that had not been expended to date and there was $250,000.00 in said category. The Director of Management and Budgetl commented that the last category of reductions was related to Solid Waste and information had been sent to the Council recommending some alternative schedules for bulk and brush items, citing that the items would be collected every other week as apposed to weekly, adding that an alternate alley collection schedule was also being considered. In the area of technology, Mr. the Director of Management and Budget advised that consideration had been given to delaying enhancement to the telephone system as well as making changes to Xerox print service. I I I I 143 At this point, Vice-Mayor Lea left the meeting (11 :09 a.m.) Council Member Mason applauded City staff for the job that had been done on the recommendations, advising that she was in agreement, but was really nervous about where the schools were financially; whereupon, Ms. Burcham recommended that the school system be given a week or two to determine its financial situation for Fiscal 2010, as well its projections for Fiscal 2011. She noted that the school system had been invited to be an active participant in the Financial Planning Session on February 19, at 8:30 a.m., in the EOC Conference Room, Room 159. There being no further discussion, Council Member Cutler moved that the Council concur in the FY 2010 budget reduction strategies as presented by the City Manager. The motion was seconded by Council member Trinkle and adopted. Proposed Outdoor Food and BeveraQe Vendino Prooram Christopher Chittum, Planning Administrator, gave the following briefing on a proposed outdoor food and beverage vending program. 144 I Applicability I · Food and beverages only · Public property or public right-of-way · Does not apply to: - Vending in the ~ area within Church Avenue, Salem Avenue, Jefferson Street, and Williamson Road - Vending otherwise authorized by an ~ ! , , , I I I I I I I 145 146 I I I I I I 147 148 I I I I I Other Regs and levies · Virginia Department of Health · Permit for public assemblies · Itinerant merchants and peddlers license · Prepared food and beverage tax · State/local sales taxes I 149 150 Discussion: Council Member Trinkle asked if the size of the cart and the particular location and pedestrian flow would all be considered; whereupon, Mr. Chittum answered in the affirmative. Council Member Cutler asked if one vendor would be allowed to have more than one site; whereupon, the City Manager answered that a permit would be required for each specific site. Mr. Chittum interjected that the applicant would be able to propose the site and the City would consider the request prior to approval. Council Member Rosen asked if all sites could be purchased in order to avoid competition or subleasing of sites; whereupon, Mr. Chittum responded that discretion would have to be used; and furthermore, he was of the opinion that there would only be a few people applying for the permits. The City Manager alluded to the possibility of issuing a permit for the same site at different times, but it would be under the City's control to avoid any subletting. Mr. Townsend indicated that the application process would be relatively simple and administered by the staff in terms of application and enforcement. I I I I I I 151 Mr. Chittum pointed out that certain conditions would be placed on the permit based on peculiar conditions that might exist; i.e., the application would require specific locations such as sidewalks, parks and greenways, separation from any assembly use where people may need to get out quickly, be allowed in. certain districts, relocate in case of an emergency, and the hours of eligible operation would be Monday through Thursday from 7:00 a.m. to 10:00 p.m., Friday, Saturday to Midnight, and Sunday from 12:00 noon through the evening hours; all carts would be required to be removed from the street if left unattended. He added that during parades and special events, the permit would be rescinded and notice given. Due to concern regarding trash, Mr. Chittum indicated that the vendor would not only be required to maintain their vending site, but also the surrounding area outside of their vending site, adding no open flame would be permitted nor the use of any City facilities or equipment; vending would be allowed to pedestrians only; a sign would be allowed on the cart, but nowhere else; and the cart would need to be designed whereby one person could push it physically and it must meet the guidelines of the Health Department. Council Member Trinkle asked about the 20-foot rule with regard to distance from other businesses, stating that it would be unfair to restaurant owners if street vendors were too close to their establishments. He also asked if the City should look at the type of food being served and whether it would compete with the restaurants' offerings. He also was of the opinion that there should be some type of mechanism in place to revoke the license if the City received many complaints against a vendor. The Assistant City Manager for Community Development remarked that the goal was to create measurable and quantitative guidelines, and that the City could extend the distance for the rule; and the City Manager could at any time revoke a vendor's permit to operate, as well as propose the inclusion of a six-month approval period and then one year for each subsequent application, if Council desired. Council Member Trinkle asked that there be some sort of mediation for complaints, and emphasized that there be no subletting. He also asked if there would be any limit to the number of locations a vendor could operate, whether the City could require vendors to actively use their locations; and if the ordinance would exclude motorized vendor trucks, as it was possible that the Reserve Avenue area or an area near the hospital might want to have a street vendor. 152 Council Member Trinkle further inquired if there would be a requirement that a vendor use a location for a certain amount of time in order to prevent another vendor from buying the spot to eliminate competition. Mr. Townsend stated the vendor would have to be in an area without timed parking. Council Member Trinkle pointed out that motorized vehicles had been excluded but that a lot of bigger cities have vendors who have trucks from which they sell coffee and other food; whereupon, the Assistant City Manager for Community Development remarked that the City had been concentrating on push carts, however, staff would look at the possibility of adding other vehicles. Council Member Trinkle was of the opinion that the use of wood fire stoves for vendors should be allowed as long as they were contained and met the requirements of the Health Department. Bike Friendly Community Tom Carr, Director of Planning, Building and Development, gave a briefing on the City's application to be a Bike Friendly Community. He stated that staff was looking for support from Council to make Roanoke a Bicycle Friendly Community, adding that the City was going to apply for said designation, and the Roanoke Valley-Alleghany Regional Commission was working with the City to promote bicycle friendly communities regionally. I I I .-jj==:l ~~:: ,::::,,~I, 'ROANOKE:! l......_._.______.____ Creating a Bicycle-Friendly Roanoke r ,~~i: ROANOKE!! _____.._ _.___J I I What is the BFC Program? I o Started in 1996 with simple criteria o Revised in 2002 o 4 Award levels - Platinum /,':-,-/ ,'::::'Gold /-' Silver ,y.... r/ - Bronze j I BiC~c1~~y): Frle~:.J Community LC.-..,uc:7': Amcri B;cycU 153 154 Why? I i r--ccn -- Criteria o Engineering o Education o Encouragement o Evaluation & Planning o .J~nforcement .-~r:~:i RQANOKE I o Health, Environment o Local Economy, Tourism o Quality of Life o Congestion Relief o Portland, Charlotte, Chattanooga, Charlottesville, Arlington, Boulder, San Francisco, New York, Austin, etc. ~t5: ROANOKE: -- -at -'I I I lO""".......,u,......,.......,......u"u.......""Ic.,....'.ul'...'." I '""",..'<,~._b.'..~"".~,~""..." ' I AvA ~"O!C""""". e~~:;,~=c~..:~~~'~:.:. ,. ."',. "'",..~."...,~";"'l<<"...,.n>'~..'~....~""_."'",...,' ""'''''''~...".,.<'''''r_d<~.''''.".....,.."'',......''''"'... , "'''''' "'.I" "'...... ,,~u... ; ,_....'" _...,_.. ',"'-' """""',' ,"" ,",", :..<.."d..~..,,,,<,_ ""'~..: :,....... o,<O,_~. ,;~. ""'._" .,.."-'_ ....,,,,., w...,....,~".."''''..''''''''''._, 1A....orJ_'._,_ "'_ lA. '~orJ _> ,'ow. _ (.<..'..OO')_i....'_ """""",-,,'.., "'....-1_'....'- :;.-_,.~.,...'" lA, '~orJ _ ",-,_ \k."hrl_'.'_'_ (.'."~oo1_,_'_ ....""'..,,<ti~....""", "''''orJ_,,-,_ I I ~.; ~Q~N_QIS~i Background " March 2008 - Honorable Mention " Feedback .~ -<" - Set up an advisory committee - Bus racks -:-~Expand the bicycle network -' ::... Implement the rj Bikeway Plan I -...;:.." ,~.:, ROANOKE;: --_.~ -- --~..- Since 2008 I " Committee " Buses " Complete Streets " Greenway and trails" o Street improvements /) Sate Routes to Schools /.. ~- ,,' Identifying Routes " ,. Events ~.., r~/' Web presence I , I 155 156 "-.--..-.- -.- . -- ~iI: ROANOKE What Next? o Complete Application " Council Endorsement o Continue and Expand' the Committee o Continue to Improve - Educate - Encourage - Expand _,"0 Questions? ,r: y~ Council Member Trinkle asked if the Regional Commission had been helping with the project; whereupon, Mr. Carr answered in the affirmative, adding that the Commission was looking at bicycling in Roanoke from a regional perspective. Council Member Trinkle asked about the turnaround time for finding out if Roanoke had received a bicycle friendly designation; whereupon Mr. Carr reported that City staff would probably receive a response by July 2010. Council Member Trinkle further asked if the Committee would stay in place even if the City receives the bicycle friendly designation; whereupon, Mr. Carr responded in the affirmative, adding that the Committee would continue to work towards receiving the next higher designation. Council Member Cutler noted that there were essentially two systems of trails that overlapped in some places -- the Bikeway Trail System and Greenway Trail System. He then asked to what extent the two systems overlapped or meshed; whereupon Mr. Carr responded that the two systems mesh, creating a potential for conflicts in use as it is in any other multi-use system, adding that there is a Mountain Bike Patrol that is available to assist and educate people. In addition, he mentioned that one of the things the City was trying to do was to link the greenways to bike trials. Council Member Cutler inquired as to whether any efforts had been made to partner with the Blue Ridge Parkway and others to extend the trails; whereupon Mr. Carr stated that several partnership efforts were ongoing related to bike trails in the Roanoke area. I I I I I I 157 There being no further discussion and without objection, the Council endorsed the plan, and Mayor Bowers stated that the matter would be referred back to the City Manager. He also announced that the 2nd Annual Mayor's Bike Ride on the greenway was scheduled to be held on Saturday, May 1, 2010 at 10:00 a.m. At 12:25 p.m., the Mayor declared the Council meeting in recess until 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, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Jamal L. Jackson, Minister, Abundant Grant Assembly. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Mayor Bowers announced two upcoming vacancies on the Roanoke City School Board for three-year terms of office ending June 30, 2010, noting that the two incumbents were Suzanne Moore and Courtney Penn. He pointed out that applications for appointment would be accepted in the City Clerk's Office until Wednesday, March 10,2010. He also announced that he, along with Vice-Mayor Lea and Council Members Trinkle and Rosen would be attending the annual VML Legislative Day in Richmond, Virginia, on Thursday, February 11, 2010 at 4:30 p.m. on the third floor of the East Conference Room of the General Assembly Building at Capitol Square,. in order to meet with area legislators. 158 PRESENTATIONS AND ACKNOWLEDGEMENTS: I ACTS OF ACKNOWLEDGEMENT-TOURISM: The Mayor introduced Landon Howard, the new Executive Director of the Roanoke Valley Convention and Visitors Bureau. 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: Robert Gravely appeared before Council to express concern with regard to the lack of economic growth in the City. RECREATION: Bob Creamer, representative of the Blue Ridge Tennis Club, appeared before Council and shared information regarding the cost of renovating the tennis facility at Countryside Golf Course, adding that the Tennis Club had identified the most important repairs and was ready to assist the City with funding by obtaining grants. (See copy of documentation on file in the City Clerk's Office.) Vice-Mayor inquired as to whether or not access to the facility could be granted I as well as lighting to the Club so that the repairs could accurately be assessed. The City Manager implied that City staff had made assessments, adding that the only way to supply the building with electricity was to replace the transformer. She also suggested another option such as a spotlight or flashlights. Council Member Mason asked what the actual cost would be to replace the transformer; whereupon, Brian Townsend, Assistant City Manager for Community Development, stated that the cost estimates for renovating the tennis facility were not broken into categories, but estimated the repairs to be around $110,000.00, which would include the transformer. The City Manager interjected that as far as the labor side, City staff would perform many of the repairs. Council Member Rosen believed that the transformer was too expensive to repair at the current time, while the City was making massive cuts to its budget. Council Member Mason also believed that the City would be unable to do the repairs at the current time. . Mayor Bowers remarked that although there was no City money for the project, he was of the opinion that if the Tennis Club wanted to be a tenant, the facility could be used "as is" if the Club covered the basic expenses. He asked City staff if the Tennis I Club could be allowed to use the facility and whether the City could make sure the building was safe and insured. I I I 159 There being no further comments, the matter was referred to the City Manager. VETERANS-BEAUTIFICATION: Suttie Economy appeared before the Council to encourage citizens to keep Lee Plaza clean and to keep flowers in the vases out of respect for the service men who were memorialized at the War Memorial. (See copy of comments on file in the City Clerk's Office.) SCHOOLS: Chris Craft appeared before the Council and stated that the Roanoke City Schools should be the City's number one priority, and asked that the Council support funding to the Schools for the Fiscal Year 2010-2011 budget. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider conveyance of City-owned property for Hurt Park revitalization purposes, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Mason and adopted by the following vote. AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Nuts and Sweet Things, on a month to month basis, not to exceed 12 months, was before the body. (See communication on file in the City Clerk's Office.) 160 Vice-Mayor Lea moved that Council concur in the request of the City Manager. The motion was seconded by Council MelTlber Mason and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Zorba's Restaurant, on a month to month basis, not to exceed 12 months, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Mason and adopted by the following vote: I AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor I Bowers-7. NAYS: None-O. CITY MARKET-LEASES: A communication from the City Manger requesting that Council schedule a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Burger in the Square, on a month to month basis, not to exceed 12 months, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I I I I 161 CITY MARKET-LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, February 16, 2010, at 7:00 p.m. or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Paradiso Cuban Restaurant, on a month to month basis, not to exceed 12 months, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the City Manager. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORT-ARCHITECTURAL REVIEW BOARD: The 2009 Annual Report of the Architectural Review Board was before the Council. (See Annual Report on file in the City Clerk's Office.) Vice-Mayor Lea moved that the Annual Report be received and filed. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers- 7. NAYS: None-O. OATHS OF OFFICE-MENTAL HEALTH-CABLE TELEVISION: Reports of qualification of the Honorable Brenda S. Hamilton as a City representative to the Blue Ridge Behavioral Healthcare Board of Directors for a term commencing January 1, 2010 and ending December 31, 2012; and Robert Lewis Leftwich as the City representative to the Roanoke Valley Regional Cable Television Committee to fill the unexpired term of Carla Terry ending June 30, 2011, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 162 Vice-Mayor Lea moved that the reports of qualification be received and filed. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY-EASEMENTS-FLOOD REDUCTION/CONTROL: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, February 1, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to place a deed of reservation on City-owned property designated as Tax Map Numbers 1322024, 1420101 R, 1420102R, 1420103R, 1420104R and 1321501 R, to allow the placement of certain trail easements and ingress/egress easements as part of the greenway from the Memorial Bridge to Bridge Street, 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 Monday, January 25,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute and record a Deed of Reservation , 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 Trinkle offered the following ordinance: (#38713-020110) AN ORDINANCE authorizing execution of a deed of reservation for City-owned property designated as Tax Map Numbers 1322024, 1420101R, 1420102R, 1420103R, 1420104R and 1321501R, to allow the placement of certain trail easements and ingress/egress easements as part of the greenway from the Memorial Bridge to Bridge Street 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. 74, page 44.) I I I I I I 163 Council Member Trinkle moved the adoption of Ordinance No. 38713-020110. The motion was seconded by Council Member Rosen. Council Member Cutler asked that the sequence of events be summarized that had taken place to ensure that the City continues to have a legal right to a public greenway trail along the Roanoke River within land that was acquired for the Flood Reduction Project being constructed by the U.S. Army Corps of Engineers between Memorial Bridge and Bridge Street; whereupon, the City Manager commented that the property was acquired with City funds, adding that the requirement is that the jurisdiction provides all of the land at its expense. She further stated that abovementioned parcels were acquired with City money and the land belongs to the City of Roanoke, which would allow ingress and egress to the Army Corps of Engineers for construction of the trail. In closing, she explained that the project is ready to go out to bid, so the City needed verification of ownership. The Mayor inquired if there were persons present who wished to speak in connection with the matter. Robert Gravely asked how much longer the Flood Reduction Project will take before its completion. The City Manager stated that the City only recently received Federal funds for the Flood Reduction Project, but that the long-range plan was for the project to go all the way to the Roanoke/Salem boundary. In addition, she further stated that workers may be able to finish the project over the next two or three years. There being no further questions and/or comments by the Council Members, Ordinance No. 38713-020110 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler Lea, Mason, and Mayor Bowers-7. NAYS: None-O. PETITIONS AND COMMUNICATIONS: MENT~L HEALTH: Tim Steller, Executive Director of Blue Ridge Behavioral Healthcare, appeared before Council and gave a presentation of the Fiscal Year 2009 Performance Report for Blue Ridge Behavioral Healthcare. (See copy of remarks on file in the City Clerk's Office.) 164 Mr. Steller provided a detailed report showing specific services provided to Roanoke City residents in FY 2009, depicting that Blue Ridge Behavioral Healthcare served approximately 3,528 persons with a mental illness, 484 with an intellectual disability (mental retardation), 1,084 with a substance abuse disorder and 2,425 others with services not specific to a particular disability, adding that a total of 11,897 persons from their entire service area was served. I (See copy of report on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the remarks and report would be received and filed. REPORTS OF CITY OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Bulletproof I Vest partnership Grant from the Bureau of Justice Programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38714-020110) A RESOLUTION authorizing acceptance of the Bulletproof Vest Partnership Grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 45.) Council Member Mason moved the adoption of Resolution No. 38714-020110. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-O. I I I I 165 Council Member Mason offered the following budget ordinance: (#38715-020110) AN ORDINANCE to appropriate funding from the federal government for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 46.) Council Member Mason moved the adoption of Budget Ordinance No. 38715- 020110. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-HUMAN SERVICES-POLICE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Virginia Sexual and Domestic Violence Victim Fund Grant from the Department of Criminal Justice Services. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following resolution: (#38716-020110) A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic Violence Victim Fund (VSDWF) Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 48.) Vice-Mayor Lea moved the adoption of Resolution No. 38716-020110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-O. 166 Vice-Mayor Lea offered the following budget ordinance: (#38717-020110) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 47.) Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38717-020110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. GRANTS-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance of the Homeless Assistance Team Grant from the Department of Housing and Urban Development; and transfer/appropriation of funds. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38718-020110) A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development (HUD) to the City of Roanoke Homeless Assistance Team (HAT) and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 48.) Council Member Cutler moved the adoption of Resolution No. 38718-020110. The motion was seconded by Council Member Price. Council Member Cutler inquired about the relationship between the proposed ordinance and the grant obtained by the Council of Community Services from the federal government to provide a central place to assist the homeless; whereupon Ms. Burcham answered that the grant is renewable yearly and provides funds for the staff to work with the homeless throughout the community. I I I I I I 167 With regard to the grant to . be administered by the Council of Community Services was for the prevention of homelessness by providing a one stop opportunity for people who were on the verge of becoming homeless or who had just became homeless with the hope of getting back into the main stream fairly quickly. She pointed out that the Homeless Assistance Team regularly works with individuals who have been and continue to be homeless in the community on a fairly consistent basis, adding that the Team not only identify the homeless, but attempt to assist them with needed services such as a shelter or make other independent living arrangements. Council Member Cutler further asked if the two programs compliment one another; whereupon, Ms. Burcham responded in the affirmative, adding that Carol Tuning who is the supervisor of the Homeless Assistance Team was instrument in the writing of the grant. Vice-Mayor Lea inquired about an update on the status of the Council of Community Services; whereupon, Ms. Burcham answered that since October at least one update had been provided to the Council. Council Member Cutler asked that a status report be provided to the Council. Vice-Mayor Lea added that the success of the program speaks well to what Roanoke is doing for the homeless from the Federal Government Stimulus Money. In reference to the programs mentioned, Council Member Price mentioned that it was vital to make certain that children would be able to stay within the same school because it not affects attendance, but also achievement. Ms. Burcham indicated that the school system representative who was primary responsibility was to keep the children in the family unit was very active with the group as well. There being no additional questions and/or comments by the Council Members, Resolution No. 38718-020110 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-O. Council Member Cutler offered the following budget ordinance: (#38719-020110) 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 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 49.) 168 Council Member Cutler moved the adoption of Budget Ordinance No. 38719- 020110. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: I AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. GRANTS-SCHOOLS: The City Manager submitted a written communication recommending authorization to grant a 15-foot wide easement to Verizon Virginia, Inc., for installation of a communication system to serve William Fleming High School and surrounding community. (For full text, see communication on file in the City Clerk's Office.) ,. Council Member Trinkle offered the following resolution: (#38720-020110) AN ORDINANCE authorizing the conveyance of a 15-foot wide by 900-foot long above ground and underground utility easement across City-owned property identified as William Fleming High School and designated as Tax Map No. 6460102, to Verizon Virginia, Inc., upon certain terms and conditions; and dispensing I with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 50.) Council Member Trinkle moved the 'adoption of Ordinance No. 38720-020110. The motion was seconded by Council Member Mason and adopted by the following vote: AYES:, Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: SNOW REMOVAL: The City Manager shared the status of snow removal efforts. She stated that the City does not have equipment sitting in storage, but that the City crews were using standard trucks equipped with plow blades to clear snow from City streets; and the City calls into play all employees with a commercial drivers license to drive the trucks. In addition, when snow events occur, staff discontinues other types of works to plow the streets. Furthermore, the City Manager reported that 100 percent of I arterial streets had been plowed, treated and were passable, and that 95 percent of the streets were plowed curb to curb. I I I 169 Also, the City Manager reported that the Central Business District was 100 percent plowed, treated and passable; however, residential streets had been more challenging due to the hills and cars that had been parked on the street. She remarked that 90 percent of residential streets had been plowed treated and were passable, but only 25 to 30 percent had been plowed to the blacktop. She explained that City staff had been out working 24 hours a day, in 8 and 10-hour shifts to get the streets plowed. Additionally, some City staff stayed overnight at fire stations in order to be available to drive the trucks and that the City owed much gratitude to the employees who worked so hard to' remove snow from its streets. Ms. Burcham advised that the special phone line for people to call to express concerns about the snow removal was staffed from 8:00 a.m. - 5:00 p.m., on Saturday, and that the number of 911 calls received during the snow event was down. She encouraged citizens to give City crews time to clear the roads and to be patient. Vice-Mayor Lea stated that he wanted citizens to know and understand the importance of the City having a contingency fund. The City Manager reported that the City does not budge for what might happen, only for known activities. DI RECTOR OF FI NANCE: FINANCIAL REPORT: The Director of Finance submitted the financial report for the month of December 2009. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by the Council, Mayor Bowers 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. MOTION AND MISCELLANEOUS BUSINESS: DECEASED PERSONS-YOUTH: Mayor Bowers stated that he was saddened by the recent criminal events in the area with regard to the deaths of Morgan Harrington and Aveion Lewis, and that his thoughts and prayers go out to those families. 170 CITY MANAGER: Council Member Mason expressed appreciation for the list of projects as presented by the City Manager, and requested that copies of the accomplishments be forwarded to the Council appointed officers and other departments C as deemed appropriate. I (See list of projects to be completed before March 1, 2010 on file in the City Clerk's Office.) . YOUTH-POLICE-DECEASED PERSONS: Ms. Burcham expressed her gratitude to the Chief of Police and law enforcement officers for their steadfast resolve to find the body of Aveion Lewis and to pursue the investigation. She added that this was the first time the Roanoke City Police Department has had to be involved in a recovery effort such as this, and that the City could not thank them enough for going beyond the call of duty. At 4:10 p.m., the Mayor declared the meeting in recess for a Closed Meeting to be held in the Council's Conference Room. At 4:59 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Council Member I Mason moved that each member of City Council certify to the best 'of his or her knowledge that (1) only public business matter 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 Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. NAYS: None-O. ZONING-COMMITTEES: The Mayor called attention to the expiration of the three-year terms of office of Philip H. Lemon and Joel Richert as members of the Board of Zoning Appeals on December 31, 2009. Inasmuch as Ms. Richert has completed three consecutive terms of office, she is not eligibility for reappointment; whereupon, he opened the floor for nominations. Vice-Mayor Lea placed in nomination the name of Philip H. Lemon and Mike Woolwine. I 171 I There being no further nominations, Mr. Lemon was reappointed for a three-year term of office; and Mr. Woolwine was appointed to replace Ms. Richert commencing February 1, 2010, as members of the Board of Zoning Appeals ending December 31, 2012, by the following vote: FOR MESSRS. LEMON AND WOOLWINE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. LIBRARIES-COMMITTEES: The Mayor called attention to a vacancy on the Roanoke Public Library Board created by the unexpired term of C. Nelson Harris ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Lea placed in nomination the name of Andrew H. Williams. There being no further nominations, Mr. Williams was appointed as a member of the Roanoke Public Library Board to fill the unexpired term of C. Nelson Harris for a term commencing February 1, 2010, ending June 30,2011, by the following vote: FOR MR. WILLIAMS: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-7. I There being no further business, the Mayor declared the Council meeting adjourned at 5:00 p.m. APPROVED ATTEST: ~~~~w City Clerk ~,n~~h_ ~ x.: -. --- -- David A. Bowers Mayor I 172 ROANOI5E CITY COUNCIL-REGULAR SESSION February 16, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 16, 2010, at 2:00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009; with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: James Grigsby, Assistant City Manager for Operations; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by The Reverend Warren King, Pastor, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATION AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor advised 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. I I I I I I 173 ECONOMIC DEVELOPMENT: Robert Gravely appeared before the Council and spoke about the lack of jobs in the City of Roanoke. Michael McEvoy appeared before the Council and expressed appreciation to the City Manager for her years of service to the City and her efforts in the creation of the Western Virginia Water Authority. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. He noted that a communication from the City Manager requesting a public hearing for the conveyance of City-owned property had been added to the Consent Agenda. MINUTES: Minutes of the regular meetings of Council held on Monday, November 2, 2009; recessed until Thursday, November 5, 2009, and Monday, November 16, 2009, were before the body. (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 Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) CITY COUNCIL-SALE/PURCHASE OF PROPERTY: 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, and to discuss the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) 174 Council Member Mason moved that the Council concur~in the request of the City Manager to convene in Closed Meeting as above described~ The motion was seconded by Council Member Trinkle and adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) CITY COUNCIL-SALE/PURCHASE OF PROPERTY: 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, and to discuss the terms of scope of such contract, where discussion in an open session would adversely affect the bargaining position or~negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), 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 the Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded I by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) COMMITTEES-YOUTH: A communication from the City Clerk advising of the resignation of Michael D. Wray as a member of the Youth Services Citizen Board, was before the Council. (See resignation on file in the City Clerk's Office.) I I I I 175 Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) BOARD OF ZONING: Reports of qualification of Philip H. Lemon and Michael Woolwine as members of the Board of Zoning Appeals for terms ending December 31, 2012, were 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 Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) CITY MANAGER: A communication from the City Manager requesting that the Council schedule a public hearing on Monday, March 1, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to the conveyance of City-owned property located at 220 Church Avenue, S. W., known as the Commonwealth Building. (See communication on file in the City Clerk's Office.) 176 Council Member Cutler moved that the Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, and Mason-5. NAYS: Mayor Bowers-1. (Council Member Price was not present when the vote was recorded.) (Mayor Bowers voting no inasmuch as the public hearing was being scheduled to be held at 2:00 p.m., instead of 7:00 p.m., on the third Monday.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE VALLEY: Alan E. Ronk, Executive Director, Foundation for Roanoke Valley, appeared before Council and presented the Annual Report of the Foundation for 2009. (See copies of remarks and Annual Report 2009 on file in the City Clerk's Office.) Mr. Ronk pointed out a number of items specific to the City of Roanoke, such as the Philanthropy Project, whereby the Foundation work monthly with local high school students, including representatives from William Fleming and Patrick Henry; and the Belonging Initiative, a collaborative between the Foundation, Rebuilding Together, LOA's Senior Companion Program, Mental Health America, Roanoke Valley, Council of Community Services and the Botetourt Resource Center to keep seniors healthy, safe and connected. In closing, he noted that the Foundation holds its annual celebration in the Roanoke Civic Center, where about 400 people join them each November to hear a report on their work on behalf of the community during the past ~scal year, adding that over the past 21 years, the Foundation has stayed fiscally strong, has always had a clean independent audit, has operated on less than two cents on a dollar of assets, and has done so without asking any governmental unit for operating support. I I I I I I 177 Council Member Mason inquired if fund raising goals had been met due to financial hardships; whereupon, Mr. Ronk replied that 2008 was the most difficult year; however, the Foundation has worked diligently and received approximately $6 million in gifts. He added that the Foundation relies on planners to work with clients. She expressed interest in the philanthropy program and questioned the lack of membership from Patrick Henry High School. Mr. Ronk replied that a new representative, Jordan Bazack, had been added to the membership. Council Member Cutler asked about the abbreviation of AED; whereupon, Mr. Ronk indicated that it was Automatic External Defibrillator. Council Member Cutler inquired if contributions received by the Parks and Recreation Department qn behalf of the Foundation were ever established; whereupon, Mr. Ronk replied he was not aware of an account but would explore the option. Council Member Trinkle expressed appreciation regarding the Foundation's programs as well as its decision to partner with the Council of Community Services, which is the regional center for the 2-1-1 system in Virginia, which connects the community with 2-1-1. There being no additional comments by the Council, the Mayor advised that the remarks and Annual Report would be received and filed. REPORTS OF CITY OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: WESTERN VIRGINIA WORKFORCE-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Western Virginia Workforce Development Board Workforce Investment Act Programs Local Coordination Grant for Fiscal Year 2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38721-021610) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 51.) 178 Council Member Mason moved the adoption of Resolution No. 38721-021610. The motion was seconded by Council Member Rosen and adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) Council Member Mason offered the following budget ordinance: (#38722-021610) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY10 Local Coordination Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 52.) Council Member Mason moved the adoption of Budget Ordinance No. 38722- 021610. The motion was seconded by Council Member Rosen and adopted by the I following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) BICYCLIST: The City Manager submitted a written communication recommending adoption of a resolution supporting Roanoke's designation as a Bicycle Friendly Community. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38723-021610) 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. 74, page 53.) I I I I 179 Council Member Trinkle moved the adoption of Resolution No. 38723-021610. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) GRANTS-EMERGENCY MEDICAL SERVICE/EQUIPMENT-BUDGET: The City Manager submitted a written communication recommending appropriation of Fire/EMS Assistance to Firefighters' Grant funds in connection with an adjustment for deployment of digital radio technology equipment. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following budget ordinance: (#38724-021610) AN ORDINANCE to appropriate funding received from the Assistance to Firefighters Grant to the Department of Technology Public Safety Radio project, amending and reordaining certain sections of the 2009-2010 Department of Technology Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 54.) Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38724-021610. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) GREENWAYS-BUDGET: The City Manager submitted a written communication recommending appropriation and transfer of funds in connection with federal enhancement awards for the Roanoke River Greenway Trail Project. (For full text, see communication on file in the City Clerk's Office.) 180 Council Member Cutler offered the following budget ordinance: I (#38725-021610) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project to the Roanoke River Greenway/Tinker Creek Bridge project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 55.) Council Member Cutler moved the adoption of Budget Ordinance No. 38725- 021610. The motion was seconded by Council Member Mason. Council Member Cutler inquired as to the status of the proposed bridge across the Roanoke River that will connect the Roanoke River Greenway at the water treatment plant with the Tinker Creek Greenway; whereupon, the Assistant City Manager for Operations advised that this part of the project will be located behind the wastewater plant and will loop around to the bridge. Council Member Cutler also inquired if federal stimulus funds were received for the project; whereupon, the Assistant City Manager for Operations replied in the affirmative. Mayor Bowers asked if $669,000.00 enhancement awards for the Roanoke River I Greenway trail project was received from the Virginia Department of Transportation; whereupon, the Assistant City Manager for Community Development responded in the affirmative. adding that the funds were an enhancement grant from the State that had been accumulated over two - three year period that could now be used for the project. Following additional comments by the Assistant City Manager for Community Development, Mayor Bowers requested that detailed information be provided in the Council Update. Council Member Trinkle explained that the current piece of the project was aimed at the bridge and asked if funds were accumulated for the entire project; whereupon, the Assistant City Manager for Community Development replied in the affirmative. There being no additional questions and lor comments by the Council Members, Ordinance No. 38725-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. I (Council Member Price was not present when the vote was recorded.) I I I 181 INDUSTRIES: The City Manager submitted a written communication recommending authorization to execute an amendment to the Deed of Restriction to allow for an increase in lot coverage ratio in the Roanoke Centre for Industry and Technology. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance: (#38726-021610) AN ORDINANCE authorizing the City Manager and City Clerk to execute and attest, respectively, Amendment No. One to the Deeds of Restriction for the property within the Roanoke Centre for Industry and Technqlogy, 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. 74, page 56.) Council Member Cutler moved the adoption of Ordinance No. 38726-021610. The motion was seconded by Council Member Trinkle. Council Member Cutler asked for clarify on the identify of the Roanoke Centre for Industry and Technology (RCIT); whereupon, the Assistant City Manager for Community Development explained that the RCIT is the Roanoke Center for Industry and Technology located off Route 460 East, adding that there is also a Roanoke Industrial Center located on 9th Street, S. E., formerly the Nabisco property, and is not part of the City's operations. The Assistant City Manager for Community Development added that the item referring to the Roanoke Centre for Industry and Technology is the City-sponsored development on Blue Hills Drive, N. E. Council Member Cutler asked for further clarification regarding the Industrial Center; whereupon, Mr. Townsend explained that the organization was associated with the Roanoke Regional Chamber of Commerce and was formed to promote small business development for the property. Council Member Cutler remarked that the area was prone to flooding and should be used for soccer fields. Mayor Bowers suggested that background information on the Centre for Industry and Technology be shared with the current Council as the City's economic development efforts are revamped. 182 There being no additional questions and lor comments by the Council, Ordinance No. 38726-021610 was adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) At this point, Council Member Price entered the meeting (2:47 p.m.). COMMENTS BY CITY MANAGER: NONE. DIRECTOR OF FINANCE: r FINANCIAL REPORTS: The Director of Finance submitted the Comprehensive Annual Financial Report for Fiscal Year 2009. (For full text, see Financial Report on file in the City Clerk's Office.) Ms. Shawver gave an overview of the Comprehensive Annual Financial Report I and responded to questions from the Council. City of Roanoke Comprehensive Annual Financial Report -., "",Pt'esentation ,to"City,Counc l'N'..'. Februai-y16, 2010 =- I I ?~~,*,,,*l~;;<1 ~ ,J'"y<"(,)""",>"~\,,,,: . ""'''''''''"^'fl '~\j'j="'~fl"l U "'''''c<''''}/.;';''H'''''; "0<01"'.1.,>",<,,>,,,0;';, ;' 1f;i1i1!if!I1~r "V"1f;ii1l !%,j);r";:,""":;"""";: I, CAFR Contents G Financial statements G Footnotes G MD&A (Management's Discussion & Analysis) G Letter of Transmittal G Statistical tables G Auditors' opinions Most Important Financial Statements I G Governmental Funds (General, Debt, Grant, Capital) . Modified accrual accounting, focus on liquidity . Most similar to method used for budgeting . Balance Sheet - Exhibit C, P 50 . Stmt of Revenues, Expenditures.. ("Income Statement") ~ Exhibit E, P 52 G Proprietary Funds (Enterprise & Internal Service) . Accrual accounting as in private sector . Statement of Net Assets ("Balance Sheet") ~ Exhibit G, pp 54-55 Stmt of Revenues, Expenses..("Income Statement")-- Exhibit H, pp 56-57 . Statement of Cash Flows ~ Exhibit I, pp 58-59 .=- I 183 184 II "ijj'miI01''''''II~"i~>,i&t.I~~il ==~ff"'l ~ "hnA.".>"<""",, .,,::>rf"',>'""N""f.;O __ __ ,,,'b.,; '_.""'_'_';''''';; "",,'Y.'" .(_d;.";'<;;x, I ~ :: ; "","''''''''.'''''. ''':.f,<,;,UHo''','""x;;'_ Enterprise Funds (CAFR Stmts pp 54-59) G The funds: · GRTC ("Valley Metro") - blended component unit - accounting records not kept by the City but included in our fund statements upon completion of GRTC audit - owned by City, Council serves as Board of Directors · Civic Facilities Fund · Parking Fund · Market Building Fund =- .:::::::=:=- I, _1.---""";"'"""",I!.--------"~i-I~_.. ~_ ;;'.i"~1i".,'J:'{b;:;';,;) .j""i'r;"<~N>":;;;"" \,,:'i,';j{H!~:},'~:;(,; -"."'2.;.!"'''''~'';';'' ,,'c/. '~">'w,.'''V"n''1''}r' Government-Wide Financial Statements G Statements that present the City as a whole, inclusive of School Board Component Unit G Full accrual accounting G Includes capital assets and debt not shown in fund financials G Statement of Net Assets ("Balance Sheet") . Exhibit A, page 47 . Exhibit D reconciles Governmental Activities from Exhibit A to Exhibit C to provide reader an understanding of changes G Statement of Activities . Exhibit B, pages 48-49 . Exhibit F reconciles Governmental Activities from Exhibit B to Exhibit E to provide reader an understanding of changes I I 185 I , t>>i?&~#~.ft.WI ~1" - """"'""'("""?',j'% WJgU~t ; .- &t:W'f~!MftMHfl ~ ]W~W1f7~ ~~Ifi . ;":",.,,<,,',"1-',1'1""'" School Board Component Unit G A discretely presented component unit since legally separate G Included in City CAFR because Council appoints members of School Board and provides significant fiscal suppOli G Consistent presentation for all School Boards in Virginia G Results reflected only on the two govemment- wide financials (Ex. A & B) G Celiain footnote disclosure included Ir """"'-~~~Wtt'w'g>fNmii'lr;=_t' f,~W~1 Footnotes I G Significant component of the CAFR G Pages 63 - 110 G Summary of Significant Accounting Policies G Deposits and Investments G Receivables G Capital Assets G Long Term Debt, Leases G Pensions and Other Post Retirement Benefits G Joint Ventures, Jointly Governed Organizations, Related Organizations I 186 ~@iWMWkWk:1 ~:m&<:>;W.<oi<0;W1 ~~r.0t~~~i"$*WI ~~j:,%Hf$'1f$f.)>kl r~~~'**"f0it:<4W~1 . C<~";;'-""""i"<'''''':.'''''':'i ",<,,",,;''''''''''.;-',''.''''. >",;'"i;"",,,_a'!>,.,- _ _ .,.",'?<C<",_o,..,.""....;.". ':""'''''Y'''''d:'''''''''V I Other CAFR Elements Narrative Components fW MD&A -Management's Discussion and Analysis - pp 33-46 · Unaudited · Detailed discussion of trends and variances G Letter of Transmittal - pp 7-24 · Non financial · RepOli of significant accomplishments =- I, _~_I' _~~fiI'1!Ill'--mwmF"'-1 .,;,.;",""",."1{,'",;),,,;-;, m.iF';";;;';';:""",: ,,~)l!>',r~" ";N" ,.,;H 'h'-,X';.',.,,,,,,,-,,,,,,:;;;,; Independent Auditors' Opinions fW An unqualified or "clean" (the best) opinion on the financial statements G Pages 31-32 fW Compliance opinions will be released separately along with Schedule of Federal A wards I I 187 I " _I"'---~"""{'I '" . "'>",">"",,,,,,,;<,,'-'.'x '-,J,JX:_,.,"",,,,,"'''',, \#it~ri'f.,"1rf'<W'M 1r-----"'--""*:rffif>:~1 ~~:w~ffI .",~";""",.":,"",,,,,, ,-"";",,,,"",''''_Y'''''.' _:"'V;.;.",_;';.;Ji.;" Statistical Tables G Last section of our CAFR G Twenty-three different tables G Wealth of information covering a variety of areas G Financial trends, revenue capacity, debt capacity, demographic and economic indicators, operating information G Ten year history in many of these tables 10 '*t~~rr===_rr==_rr===_~_ Audit Results - Fund Balances I 2009 Unaudited 2009 Audited (9/8109) Budget Stahilization SI9,155,608 SI9,155,608 Rt'serve Economic & Community 3,959,606 3.959,606 Development Self-Insul'ance Resel'vc (390,248) 335,306 G(~nt.'ral Fund L!ndt.~signated 2,043.245 1.657,703 School Fund l)ndt'sigmlh.'d NA 2.106.167 II I 188 I Questions and Discussion Discussion: Vice-Mayor inquired about the total amount of funds in the budget stabilization reserve; whereupon, Ms. Shawver replied that the total was $19,155,608 and pointed out that the reserve earns a small interest, adding that the reserve represents I approximately 7.5 percent of the General Fund budget and the goal is to grow the reserve as a percent of the budget. Council Member Cutler commented that the population of the City of Roanoke had increased to 93,304. Council Member Rosen asked for clarification with regard to the total ending fund balance; whereupon, Ms. Shawver clarified that the total of the governmental funds was approximately $72 million including cash amounts. He also inquired if there were any undesignated funds that could be added to the budget stabilization reserve; whereupon, Ms. Shawver advised that there were a few potential items that could be added in the future, but it was important to keep actual emergency funds for floods, etc. Council Member Rosen further inquired if it was wise to depend on the real estate tax for revenue since the housing market is flat; whereupon, Ms. Shawver advised that the City of Roanoke does have more taxes that it depends on, but the real estate tax has been stable, adding that the City is only expecting two percent growth on that tax mainly due to new construction in the area. Council Member Rosen asked if there was opportunity to refinance School Fund bonds issued in the late 1990's with higher interest rates; whereupon, Ms. Shawver advised that the bonds under the Virginia Public School Authority are managed by the I Schools and it would be their discretion to refinance the bonds. I I I 189 Without objection by the Council, Mayor Bowers advised that the Comprehensive Annual Financial Report would be received and filed. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report recommending appropriation of funds for capital projects; 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: (#38727-021610) AN ORDINANCE to transfer funding from the Roanoke Academy I mprovements project to the Patrick Henry High School project, amending and reordaining certain sections of the 2009-2010 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 57.) Council Member Mason moved t.he adoption of Budget Ordinance No. 38727- 021610. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7. NAYS: None-O. SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report recommending appropriation of funds for various educational programs; 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: (#38728-021610) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, local grants, local match, and fees for various educational programs, amending and reordaining certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. ( (For full text of ordinance, see Ordinance Book No. 74, page 58.) 190 Council Member Mason moved the adoption of Budget Ordinance No. 38728- 021610. The motion was seconded by Council Member Rosen and adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7. NAYS: None-O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OR ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. INQUIRES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-CITY MANAGER-CLEAN VALLEY COUNCIL-LEGISLATION- SCHOOLS: Mayor Bowers congratulated Council Member Mason on being named Executive Director for the Clean Valley Council, and announced that Council Member I Price would be recognized at the MLK Awards ceremony at High Street Baptist Church on Wednesday, February 17, 2010. As Chair of the Legislative Committee, Council Member Trinkle reported on the Annual VMLN ACo Legislative Day in Richmond on Thursday, February 11, 2010. He stated that he, along with Vice-Mayor, Council Member Rosen, the City Manager, Director of Finance, City Attorney and City Clerk attended the meeting, and had a lot of face-to-face time with legislators. He added that the financial outlook for the State is a deficit of over a billion dollars; and suggested that the City and Roanoke City Public Schools hold joint public hearings to discuss shortfalls in the State budget. Mayor Bowers inquired as to whether or not there would be a change in the formula for funding City schools; whereupon, Council Member Trinkle responded no change was foreseen. In addition, he remarked that bills were in progress in the General Asembly that would hurt Roanoke's ability to raise revenue. Furthermore, he promised to work with the Joint Services Task Force to help City schools, but maintained pressure must be put on Richmond to provide funding. Vice-Mayor Lea expressed concern regarding the attitude of the area State legislators who represent Roanoke; that the Council needs to communicate their concerns about the budget. He also shared that some localities were considering legal action against the State because the localities would be hurt by reductions in funds I received, adding that the City must hold the legislators accountable; and the City must educate the public abo~t the situation. I I I 191 Council Member Trinkle commented that the concept of enabling statement was prevalent at the meeting and as many has half the administration in schools and local government may lose their jobs. Council Member Rosen indicated that the City must watch its delegates as they vote on bills that take money from Southwest Virginia and give it to Northern Virginia. The City Attorney gave an update on the bills in the General Assembly, advising that three bills requested by the City had been passed by the House; a change in State law to permit DMV registration stops on non-residents who have unpaid parking tickets; a change in State law regarding Virginia's First Regional Industrial Authority to permit localities to withdraw with the approval of a majority of all the other members of the authority; and a change in State law to authorize localities to charge up to a $35.00 "stop check fee" to citizens who write checks to the localities, then stop payment on them. He also mentioned there were bills under consideration that would harm localities, including a bill that changes ttle burden of proof in real estate assessment cases, which may encourage more appeals; and an eminent domain bill that would encourage anyone whose access to their property had been affected in any way to file "inverse condemnation" claims. (See copy of email on file in the City Clerk's Office.) Council Member Mason alluded that she sent a memorandum to her colleagues on Council regarding reductions to consider for the FY2011 budget, and suggested regionalizing two functions of local government: waste management and libraries; reducing the size of the City administration; and reducing benefit expenses as a way to reduce costs, as well as reducing City staff, adding that the City needed to shine the spotlight on Richmond and demand that they do the right thing by helping localities. (See copy of communication on file in the City Clerk's Office.) At 3:55 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451. At 4:57 p.m., the Council meeting was reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. 192 COUNCIL: With respect to the Closed Meeting 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 Memb,er Cutler and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price and Mayor Bowers-7. . NAYS: None-O. At 4:58 p.m., the Council meeting was declared in recess until 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 Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price and Mayor David A. Bowers - 7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No.1 0 of South Roanoke United Methodist Church. PUBLIC HEARINGS: I I I I I I 193 CITY PROPERTY-SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke School Board to repeal Ordin~nce No. 37303-020606 adopted on February 6, 2006, and Ordinance No. 37696-022007, adopted on February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High $chool, located at 2102 Grandin Road, S. W., Official Tax No. 1460101, and replace them with the following proffers: (1) The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5, 2005, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005; (2) The school sports stadium facility will be developed in substantial conformity with the Stadium Plan, prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections, dated December 2, 2006; (3) That the usage of the school sports stadium facility will be limited to high school athletics, band practice for the Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events sponsored through the Parks & Recreation Department of the City of Roanoke; (4) That all sound amplification systems will be used only for high school varsity football games, varsity soccer games, varsity lacrosse games, graduation assemblies and the annual championship games for Roanoke City Parks and Recreation youth football; (5) That manual traffic control, to include security personnel, will be provided before and after all varsity football games and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department; (6) That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford Avenue before, during, and after every varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting the Patrick Henry High School campus from Lofton Road; (7) That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity football game to prevent pedestrian and vehicular traffic, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road; and (8) The City of Roanoke School Board will conduct an engineering study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office, the matter was b~fore the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 29,2010, and Friday, February 5,2010. (See publisher's affidavit on file in the City Clerk's Office.) 194 The Planning Commission submitted a written report recommending approval of Amended Application No.1, with the exception that City Council not accept the proposed amendment of existing Proffer No.9, finding the application to amend the proffered conditions regarding the Patrick Henry High School sports stadium facility to be consistent with Vision 2001-2020, the Grandin Court Neighborhood Plan, and th~ Greater Raleigh Court Neighborhood Plan, and providing quality athletic facilities for the community as a high priority of all plans. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38729-021610) 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. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, and placing new proffers on the subject property; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 60.) Council Member Mason moved the adoption of Ordinance No. 38729-021610. The motion was seconded by Council Member Trinkle. School Board Chairman David Carson gave an overview of the stadium's history and the proposed changes to the proffers. He advised that some sports had inadvertently been omitted from the proffers for use of the PA system and lights for practices at the Patrick Henry stadium; and the School Board was seeking three basic changes to the proffers in order to allow additional uses of the stadium by the marching band for practicing purposes, expanded use of the stadium lights to include practices up to 10:00 p.m., and the addition of the varsity Lacrosse Team and the annual Youth Football Championship Game to the list of events at which the PA system may be used. He further advised that the Planning Commission approved the request regarding the usage of the lights and stadium, and withheld approval of the request to use the PA system pending another sound study, which was completed and filed for reviewing. Mayor Bowers inquired if the School Board had requested manual traffic controls instead of locking or blocking controls as well as no vehicular/pedestrians traffic up the service road; whereupon, Tim Spencer, Legal Counsel to the School Board, advised that the request was made in order to comply with the Fire Code. I I I I I I 195 The Mayor inquired if there were persons present who wished to speak in connection with the matter. Chris Craft appeared before the Council in support of the new proffers. Patrice Freeland appeared before the Council in support of the new proffers. Clairborne Lucas appeared before the Council in support of the new proffers. Alan Thornhill appeared before the Council in support of the new proffers. Connie Ratcliffe appeared before the Council in support of the new proffers. John Thisdell appeared before the Council in support of the new proffers. Jimmy Whitney appeared before the Council in support of the new proffers. Stewart Barnes appeared before the Council in support of the new proffers. Patty Sheedy appeared before the Council in support of the new proffers. There being no further speakers, the Mayor declared the public hearing closed. Mayor Bowers mentioned concerns expressed about the Victory Stadium issue, stating that the Patrick Henry stadium sh'ould be maintained as neighborhood stadium;, and suggested that the proffers regarding the lights and PA system be referred back to the Planning Commission for further study. He added that there was no objection for inclusion of the other team sports; however, it appeared that the issue had been rushed through, and had not been checked with fire/traffic. He remarked that a pledge was made to the neighborhood that no changes were going to be made and questioned if additional requests to amend the proffers would be made next year, and again suggested that the matter be referred back to the City Planning Commission for further study to put forth changes so noted. Council Member Price commented that the oversights were lessons learned as the William Fleming High School stadium is under construction; and it was wonderful that the children were enjoying themselves in a positive manner. Council Member Mason noted that the stadium is a community asset and urged the Council to vote in the affirmative. 196 There being no further questions and/or comments by the Council Members, Ordinance No. 38729-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Price-6. NAYS: Mayor Bowers-1. ZONING-CHURCHES: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon .thereafter as the matter may be heard, on the request of Central Baptist Church to amend the Planned Unit Development Plan on a parcel zoned INPUD and bearing Official Tax No. 6391313 on Hershberger Road, N. W., and to rezone a parcel bearing Official Tax No. 6391308 from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, in order to provide for better access for the development and allow for better' placement of the storm water management pond, as provided in a development plan dated 11/16/09, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, January 29, and Friday, February 5, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the request, finding the proposed rezoning to be consistent with the Zoning Ordinance, Peters Creek North Neighborhood Plan, and Vision 2001-2020. The proposed amendments are an improvement to the currently approved plan in regards to stormwater management, access, and services available to the neighborhood. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38730-021610) 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 on a parcel zoned INPUD, located on Hershberger Road, N. W., bearing Official Tax No. 6391313; and to rezone a parcel bearing Official Tax No. 6391308, in order to provide for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated 11/16/09; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 62.) I I I I I I 197 Council Member Rosen moved the adoption of Ordinance No. 38730-021610. The motion was seconded by Council Member Trinkle. Maryellen Goodlatte, Attorney, appeared before the Council in support of the petitioner. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being questions and/or comments by the Council Members, Ordinance No. 38730-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. The City Manager submitted a written communication recommending modification of conditions associated with Ordinance No. 38550-072009 vacating, discontinuing and closing a portion of Barrington Drive, N. W. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38731-021610) AN ORDINANCE amending and reordaining Ordinance No. 38550-072009, closing a portion of Barrington Drive, N. W., subject to certain conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 63.) Council Member Rosen moved the adoption of Ordinance No. 38731-021610. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. 198 CITY PROPERTY-HABITAT FOR HUMANITY: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey a parcel of City owned property on 14th Street, S.W. to Habitat for Humanity in the Roanoke Valley, designated as Tax Map No. 1211105, in order for Habitat for Humanity in the Roanoke Valley to develop the area for single-family housing for homeownership as part of the present Hurt Park revitalization, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 5, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending the conveyance of City-owned property for Hurt Park revitalization purposes, in accordance with the terms of the deed and 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 Cutler offered the following ordinance: (#38732-021610) AN ORDINANCE authorizing the City Manager to execute the I necessary documents providing for the conveyance of a parcel of City-owned property, being a parcel on 14th Street, S W., Roanoke, Virginia, bearing Official Tax No. 1211105, to Habitat for Humanity in the Roanoke Valley, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 66.) Council Member Cutler moved the adoption of Ordinance No. 38732-021610. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38732-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. I I I I 199 CITY PROPERTY-NUTS & SWEET THINGS-CITY MARKET: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to leases approximately 290 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Georgia R. Crump, d/b/a Nuts & Sweet Things, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 5,2010. (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, 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: (#38733-021610) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Georgia R. Crump, d/b/a Nuts & Sweet Things, for approximately 290 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 67.) Council Member Mason moved the adoption of Ordinance No. 38733-021610. The motion was seconded by Vice-Mayor Lea. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38733-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. 200 CITY PROPERTY-CITY MARKET-ZORBA'S: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 210 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Adel Eltawansy, d/b/a Zorba's, to be used as a restaurant establishment, on a month to month basis beginning March 1,2010, such terms not to exceed one year, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 5, 2010. (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, 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: (#38734-021610) AN ORDINANCE authorizing Jhe City Manager to execute a I lease agreement with Adel Eltawansy, d/b/a Zorba's, for approximately 210 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 68.) Council Member Mason moved the adoption of Ordinance No. 38734-021610. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38734-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. I I I I 201 CITY PROPERTY-CITY MARKET- BURGER IN THE SQUARE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 462 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011 to BIS, Inc., a/k/a Burger in the Square, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 5, 2010. (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, 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: (#38735-021610) AN ORDINANCE authorizing the City Manager to execute a lease agreement with BIS, Inc., a/k/a Burger in the Square, for approximately 462 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No: 74, page 69.) Council Member Mason moved the adoption of Ordinance No. 38735-021610. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38735-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. 202 CITY PROPERTY-CITY MARKET-PARADISO CUBAN RESTAURANT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 190 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 5,2010. (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, 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 Trinkle offered the following ordinance: (#38736-021610) AN ORDINANCE authorizing the City Manager to' execute a I lease agreement with Juan E. Garcia d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet of space in the City Market Building for a month-to- month term, effective March 1,2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 70.) Council Member Trinkle moved the adoption of Ordinance No. 38736-021610. 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, he declared the public hearing closed., There being no questions and/or comments by the Council Members, Ordinance No. 38736-021610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, Price, and Mayor Bowers-7. NAYS: None-O. I I I I 203 1 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. TAXES-SCHOOLS: Chris Craft appeared before Council and spoke in support of an increase in the meals tax for funds to be provided to the Roanoke City Public Schools. At 8:07 p.m., the Council Meeting was declared in recess until Friday, February 19, 2010, at 8:30 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor Municipal Building for a Financial Planning Work Session. Monday, February 16, 2010 meeting of the Roanoke City Council reconvened on Friday, February 19, 2010, 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 David A. Bowers presiding. PRESENT: Court G. Rosen, David B. Trinkle, M. Rupert Cutler (arrived late), Sherman P. Lea (arrived late), Gwendolyn W. Mason, Anita J. Price (arrived late) and Mayor David A. Bowers 7. ABSENT: None-O. OFFICERS/CITY STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk; and Sherman M. Stovall, Director, Office of Management and Budget. OTHERS PRESENT: David Carson, Chairman, Roanoke City School Board; Dr. Rita Bishop, Superintendent, Roanoke City Public Schools; and Curt Baker, Deputy Superintendent, Roanoke City Public Schools. Opening comments were given by members of Council, the City Manager and the Director of Finance. At this point, Council Member Price entered the meeting at (8:37 a.m.) At this point, Council Member Cutler entered the meeting at (8:38 p.m.) At this point, Vice-Mayor Lea entered the meeting at (8:41 a.m.) The Director of Management and Budget and the Director of Finance highlighted the following information regarding the FY 2010 Budget Development: 204 FY2010 Budoet Development: . General Fund Revenues Fiscal Year 2009 (Actual) . Revenue Budget by Major Category Fiscal Year 2010 Adopted o Real Estate Tax - $78.6 million o Intergovernmental - $69.3 million o Sales - $21.4 million o Personal Property - $17.2 million o Business License - $12.1 million o Prepared Food - $11.9 million o Charges for Services - $10.5 million o Other Local Taxes - $32.3 million o Other - $3.7 million Total - $257.0 million . FY10 General Fund Revenue Estimates . Changes in FY10 Revenue Estimates (February 1 - 19, 2010) o Revenue Under Estimate - February 19, 2010 ($9,091,000.00) . FY 2010 - Additional Expenditure Issues o Snow Removal- $160,000.00 o Street Lighting - $150,000.00 o Workers' Compensation Medical . FY2010 - Budget Balancing Status o Net Available as of February 19 - $89,757.00 . Expenditure Budget by Major Category Fiscal Year 2010 o Schools - $70.9 million o Public Safety - $60.3 million o Health and Welfare - $39.7 million o Public Works - $25.1 million o Debt Service - $15.1 million o General Government - $12.5 million o Parks/Recreation, Libraries, Cultural - $9.9 million o Judicial Administration - $7.8 million o Community Development - $6.9 million o Capital Projects - $1.9 million o All Other - $6.9 million Total - $257.0 million . FY 2010 - Adjustments - Adopted Budget o Total Reductions - $7,246,702.00 · Contributions and Sponsorships External Agencies - $607,036.00 · Eliminated Arts Festival - $197,866.00 o Fire-EMS - $302,500.00 Elimination of six positions assigned to Roanoke County Clearbrook Station, reduction in operating support for Roanoke Emergency Medical Services (REMS), elimination of funding for pagers I I I 205 I o Human Services - $129,971.00 Reduction in funding for General Relief Program and elimination of State and Local Hospitalization Program o Libraries - $213,527.00 Suspension of bookmobile operation, closure of library branches one day a week, restructuring of Virginia Room staffing compliment, and reduction in Law Library support o Office of Communications - $56,418.00 Elimination of production of annual report and adjustments in other printed communications o Parks and Recreation - $1,147,792.00 Reduction in horticulture and beautification activities, frequency of athletic field and park mowing, urban forestry, Youth Services, and closing of Norwich Community Center o Police - $349,221.00 Suspension of Police Cadet program, suspension of the Mounted Patrol, reduction of three school resource officer positions o Transportation - $328,460.00 Elimination of loose leaf collection and reduction in mowing cycle frequency for medians and right-of-way areas o City Attorney - $50,000.00 Eliminated contracted services for Legislative Liaison o Economic Development - $87,765.00 Outsourced statistical compilation o Civic Center - $450,000.00 Reduction in planned subsidy based on full-year management by Global Spectrum o GRTC - $248,404.00 Adjusted peak-time service for two selected routes SmartWay fare increase o Technology - $117,360.00 Outsourced computer operations o Employee Programs - $1,146,105.00 Suspension of ICMA Saving Plan Match and tuition reimbursement o Position Reductions - $1,112,113.00 General position reductions - 24 Position reductions associated with program adjustments - 44 Unfunded two additional positions o Other Reductions - $701,664.00 Administrative Overhead - $501,664.00 Motor Fuels - $200,000.00 I I 206 . FY 2010 - Adjustments -In Year o Total Adjustments - $9,383,937.00 General Reductions/Savings - $6,699,781.00 Administrative Overhead - $1,413,849.00 Program Reductions - $1,270,307.00 FY11 Budoet Development: . General Fund Total Revenues . Changes in FY11 Revenue Estimates Preliminary (12.09) to Revised (2.10) o Revenue Decline Adopted FY10 to Revised FY11 ($9,691,000.00) . Projected Revenue Changes - FY2011 Revenue Estimates (Comparisons Against Adopted FY11 Budget) o Revised (February) (3.8%) . Estimating the City's Local Taxes o Approximately two-thirds of General Fund revenues o Shared with Roanoke City Public Schools at 36.42% of adjusted local taxes o Key local taxes billed in spring - personal property and business license o Revenue estimate process begins in November and concludes in April o Methods and modeling techniques . Sales Tax . Unemployment Rate Analysis . Delinquent Real Estate (Current Annual Levy $76,000,000.00) Collected Based on Fiscal Year . Delinquent Personal Property Taxes (Current Annual Assessment $17,000,000.00) Collected Based on Calendar Year . Changes in FY11 Intergovernmental Revenue Compared to Adopted FY10 Revenue Estimates o Total State Revenues ($4,377,000.00) . Constitutional Officer Budgets . State Budget Update o Governor McDonnell announced additional proposed budget adjustments on Wednesday, February 17,2010 · Restores $950 million for Personal Property Tax Relief Program · Restores $50 million local flexible spending cuts · Additional public education reduction of $731 million over the biennium Reduction, all but $200 million, offset by savings in VRS contributions K-12 funding at 2006 level · Restoration of some of the HB 599 reductions? Additional Health and Human Service reduction of $316 million · Eliminates proposal for existing state employees to pay one percent of VRS Contribution Rate in FY2011 and two percent in FY2012 · Supports the overhaul of retirement benefits for new employees · State employees received a three percent bonus in December 2011 · State employees required to take five days of unpaid leave . General Assembly Milestone Dates I I I 207 I o February 21 - Committees responsible for budget bill complete work o February 25 - Each house completes work on its budget bill o March 3 - Each house acts on the budget bill of the other house and appoints conferees o March 13 - General Assembly Adjourns o April 21 - Reconvened Session . Planned Funding of Roanoke City Public Schools o Total Funding - Sum of funding per formula at 36.42% adjusted local taxes plus additional funding as listed for each fiscal year . History of Funding Roanoke City Public Schools o Target of $1.5 million, subject to funding availability . FY2011 - Base Budget Adjustments o Non-Discretionary · City Retirement Contribution - $115,900.00 Increase in contribution rate 15.42% to 15.78% · VRS Retirement Contribution - $40,500.00 Increase in contribution rate 16.8% to 17.26% · Medical Insurance - ($524,000.00) Decrease in anticipated costs · Debt Service Funding - $500,000.00 Based on revised planned debt issuance · Budget Stabilization Reserve - $250,000.00 · Inflationary and Other Costs - $739,000.00 Based on department budget submittals · Performance Agreement - ($418,300.00) IMD Performance Agreement Valley View Performance Agreement Cambria Suites Performance Agreement o Other · Capital Funding - $1,010,202.00 Fleet Replacement, Technology Capital, Building Maintenance, Street Paving · Roanoke City Public Schools - $500,000.00 Third installment of commitment of $2.5 million I . FY11 Budget Balancing Status Compared to FY10 Adopted Amounts Revenue Decline - $9,691,000.00 o Base Budget Adjustments (Non-Discretionary) - $703,100.00 o Out of Balance - $10,394,100.00 o School Transfer Adjustment (Based on Local Tax Revenue) - $903,814.00 o Adjusted Out of Balance - $9,490,286.00 I 208 Roanoke City Public Schools 2010-11 Budoet - City Council Budoet Briefino At this point (12:40 p.m.), discussion was held with the Superintendent and Deputy Superintendent of R?anoke City Public Schools highlighting the following: . 2009-10 General Fund Revenue Summary . 2009-10 Fiscal Year State Funding - Summary of Revenue Decline Budget Versus Forecast . 2009-10 Fiscal Year Proposed Changes to State Funding Caboose Bill . 2009-10 General Fund Revenue Summary . 2009-10 Fiscal Year Sales Tax Disbursements (through February 2010) . Sales Tax Trend Analysis - Percent Change from Same Month, Prior Year 20-month trend (adjusted) . Sales Tax Trend Analysis - Percent Change from Same Month, Prior Year 18-month trend (adjusted) . Sales Tax Trend Analysis - Percent Change from Same Month, Prior Year 12-month trend (adjusted) . 2009-10 Fiscal Year General Fund Revenue Summary (Sales Tax) . Developing the 2010-11 Budget City Funding . 2009-10 Fiscal Year General Fund Revenue Sumr;nary (City) . Developing the 2010-11 Budget Other Revenue Sources o Federal Revenue o Athletics o Facilities Rental o Sale of Surplus Items o Pupil Transportation o Tuition - Private Sources o Tuition - Regional Program o Receipts from other State Agencies o Other Total - $2.869 million . 2009-10 General Fund Revenue Summary (Total vs. Budget) . 2009-10 Fiscal Year VRS Holiday - Caboose Bill Proposal o Employer contribution payments by divisions to VRS for VRS retirement and Group Life will be suspended from April through June 2010 o The applicable employee share for VRS retirement will still be paid by divisions to VRS for the full fiscal year. The employee share of Group Life will only be charged to school divisions by VRS from July through March 2009. o State. SOQ payments for these benefits will be reduced by approximately 50 percent (from January to June 2010) to account for the premium holiday in the fourth quarter. I I I I I I 209 Note: The VRS Holiday is still only a proposal that is a part of the Caboose Bill. As with other financial changes introduced in the Caboose Bill, VDOE has implemented this change as if the Bill were already enacted into law. VDOE would have to undo this action if the Bill were to fail or to be amended in some way. Also, as presently proposed, the VRS Holiday will only affect the 2009-10 fiscal year. . Covering the 2009-10 Shortfall Fund Balance . Developing the 2010-11 Budget Governor Kaine's Proposed Budget . Developing the 2010-11 Governor McDonnell's Proposed Budget Unfreeze the Composite Index for 2010-11 . Developing the 2010-11 Budget State Aid - Composite Index The composite index is expressed as a ratio, indicating the local percentage share of the cost of education programs. For example, if a given locality has a composite index of 0.5000, then it would pay 50% of the costs and the state would pay 50% of the costs for the applicable program. If a locality's index is 0.3000, then it must pay 30% of the cost of education and the state will pay 70%. RCPS Composite Index 2009-10: 0.3420 2010-11: 0.3582 This new composite index will remain in effect for the two-year biennium (In other words, we're stuck with it for two years) Composite Index is a part of the calculation of state support for: Basic Aid Career and Technical Education English as a Second Language Gifted Education Group Life Prevention, Intervention, and Remediation Social Security Textbooks VRS Retirement At-Risk K-3 Primary Class Size Reduction Program Remedial Summer School SOL Algebra Readiness Virginia Preschool Initiative Additional Support for School Construction and Operating Costs . Developing the 2010-11 Budget Governor McDonnell's Proposed Budget Unfreeze the Composite Index for the 2010-11 fiscal year Fund support costs at the same levels funded in 2009-10 Exclude expenditures for supplemental salaries (e.g., athletic coaches) when calculating SOQ costs Eliminate Enrollment Loss, Mentor Teacher, School Breakfast, and "Additional Support for School Construction and Operating Costs" programs 210 Change calculation methodology for support non-personal costs Exclude facility related expenditures previously included in calculating the costs of the SOQ Exclude travel expenditures included in calculating the costs of the SOQ Adjust the school bus replacement cycle from 12 years to 15 years Source funds from Lottery that were previously in General Fund, then eliminate programs currently paid from Lottery . Developing the 2010-11 Budget State Funding and SFSF . Developing the 2010-11 Budget With State Tax Added (Flat Year-over-Year) . Developing the 2010-11 City Funding . . Developing the 2010-11 With City Revenues Added . Developing the 2010-11 With Other Revenues Added . Developing the 2010-11 Budget Revenue Decline Ranging from $11.6 to $15.8 million . Developing the 2010-11 Budget Expenditure Reduction With the exception of the early retirement incentive (which was approved by the School Board at its February meeting and is now being implemented), no decisions have been made. . Developing the 2010-11 Budget Reduce Staffing to SOQ Minimums . Roanoke City Public Schools Abandon Class Size Reduction Funds Possible Cost Reduction: $1.4 million . Roanoke City Public Schools Improved High School Scheduling Possible Cost Reduction: >$2.0 million . Roanoke City Public Schools Tighter Position Control Possible Cost Reduction: >$1.0 million . Developing the 2010-11 Budget Retirement Incentive One-time payment equal to 25% of 2009-10 base compensation (Capped at $20,000.00) Special Note: Should demand exceed available funds, priority will be given to those individuals who are eligible for full, un-reduced retirement benefits (minimum of age 50 with 30 years of VRS service) Possible Cost Reduction: $0.5 million . Developing the 2010-11 Budget "Shed SPED" Use 50% of IDEA-SPED Stimulus Funding in 2010-11 and use remainder in 2011-12 Possible General Fund Cost Reduction: $1.7 million . Developing the 2010-11 Budget Other Smaller Cuts o Central Office Cuts - $350,000.00 o Salary Freeze - $0 o Noel C. Taylor (real estate and approach) - $600,000.00 o Athletics consolidation - $300,000.00 o Close CITY school - $150,000.00 o Reduced maintenance spending - $250,000.00 o Eliminate elementary Spanish - $300,000.00 o Reconfigure the Center at Patrick Henry - $100,000.00 o Further diminished summer school - $100,000.00 I I I 211 I o Tighter transportation routing - $100,000.00 o Close one or more schools - >$800,000.00 Possible Cost Reduction: $3.1 million . Developing the 2010-11 Budget Reducing Salaries is Not Considered Viable (For full text, see copy of Roanoke City Public Schools 2011-11 City Council Budget Briefing onofile in the City Clerk's Office) With regard to the closing of CITY school, Dr. Bishop stated that inasmuch as the division could no longer afford the program, the seniors would have English and math at their respective high schools since every single high school teacher must have a 130 student load. Remarks were also made regarding consolidation of athletics, such as reduction in the number of coaches, elimination of sports, reducing of expenditures on equipment/materials. There being no additional questions and/or comments by the Council, the Mayor expressed appreciation to Chairman Carson, the School Superintendent and Deputy School Superintendent on their presentation. Continuation of discussion Mr. Stovall highlighted the priority areas within the budget, and asked the Council for direction regarding the prioritization. He continued to brief the Council on the following: I 0 0 0 0 0 o' I 0 0 . FY2011 Budget Adjustments General Administrative Overhead Expenditure and position reductions Outside Agency Funding - $2,611,000.00 Program support and event sponsorship Citizen Publications - $14,862.00 Citizen Magazine and Calendar Circuit Court Law Clerks - $147,724.00 Libraries - $3,534,708.00 Programs Collection Materials Branch Operations Parks and Recreation - $6,069,429.00 l. Park Maintenance Urban Forestry Horticulture and Beautification Athletics and Athletic Field Maintenance Programs (Aquatics, Fitness, Wellness, Outdoor, Specialized) Youth Services Solid Waste Management - $6,614,784.00 Bulk Collection Curbside Recycling Semi-Automated Residential Collection Transportation - $10,953,332.00 Street Paving and Maintenance 212 Minor Bridge Maintenance Street Lighting Street Sweeping Alley Maintenance Landscape Maintenance (Median and Right-of-Way) Traffic Signal Maintenance o Juvenile Justice - $1,430,237.00 Crisis Intervention Youth Haven Outreach Detention Community Services o Social Service/Human Service General Relief - $78,900.00 Emergency Relief - $70,000.00 o Middle School Resource Officers - $361,000.00 o Dare Program - $253,000.00 . Revenue Options - Local Tax Revenues Shared 36.42% with Roanoke City Public Schools . Prepared Food Tax Revenue . Prepared Food Tax Rates . Transient Occupancy Tax Revenue . Transient Occupancy Tax Rates . Comparison of Local Tax Rates for Peer Localities - FY2008 . Local Tax Rates of First Cities - FY2008 . Capital Improvement Program . Revenue Trend Information . Debt Policy Compliance (For full text, see copy of presentation on file in the City Clerk's Office.) Following in-depth dialogue regarding the City and Schools' budget, it was the consensus of the Council that continued discussion of the FY2011 Budget and capital projects be held on Monday, March 1, 2010 during the Council's informal work session at 9:00 a.m., in the Emergency Center Conference Room (EOC Conference Room), Room 159, first floor, Noel C. Taylor Municipal Building. There being no further business, the Mayor declared the recessed meeting adjourned at 2:49 p.m. APPROVED ATTEST: ~ In.mb(mJ Stephanie M. Moon, CM( City Clerk David A. Bowers Mayor I I I I I I 213 ROANOKE CITY COUNCIL-REGULAR SESSION March 1, 2010 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, March 1, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, 'pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reoular Meetinos, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P.' Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended, was before the body/ (See communication on file in the City Clerk's Office.) Council Member Mason moved that the Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Trinkle and adopted by the following vote: . AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 214 CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in 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 Memb.er Trinkle moved that the Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed meeting to discuss the disposition of publicly-owned property, where discussion in and 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 Rosen moved that the Council concur in the request of the City Manager to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 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 I I I I I 215 BRIEFINGS: Carbon Baseline Report: Dr. Sean McGinnis, Director, Virginia Tech's Green Engineering Program, spoke about the creation of the Citizens for Clean and Green Committee and reported activities and awareness programs developed by the committee to engage the community in green practices. He also briefed the Council on the overall carbon emissions for the City, noting that the emissions have decreased almost a quarter of one percent from 2005 to 2008. In addition, he stated that the City's efforts have been successful in meeting the 10 percent municipal goal set for reductions, but the bigger challenge was getting residents on board with the efforts. He offered examples that City residents could contribute to reductions in carbon emissions. In conclusion, Dr. McGinnis shared the Citizens for Clean and Green Committee's plans to engage the community in 2010, including environmental education program for schools, community action programs, incentives and leveraging Roanoke Valley resources. (See copy of ICLEI Community Emissions Inventory 2008 Report and Comparison to 2005 Baseline on file in the City Clerk's Office.) Following comments by Council members, Mayor Bowers thanked Dr. McGinnis for his presentation. Urban Tree Canopy Dan Henry, Urban Forester, shared information on the City's Urban Forestry Plan regarding goals for the City's tree canopy. He reported that the City has achieved a 48 percent urban canopy in eight years, which exceeds the Urban Forestry Plan's goal of 40 percent over a ten years period. He indicated that due to the recent elimination of Parks and Recreation funds for planting trees and reductions in tree maintenance staffing, grants and other strategies may have to be considered to sustain the current urban tree canopy, adding that as part of the Urban Tree Canopy grant project, the City has been asked by the grant administrator, the Virginia Department of Forestry, to develop a City Council approved goal to sustain the City's tree canopy and submit said resolution by June 15, 2010. (See Report on the City of Roanoke's Existing and Possible urban Tree Canopy on file in the City Clerk's Office.) 216 Downtown Roanoke Incorporated/Market Handbook: Sean Luther, President and CEO, Downtown Roanoke Incorporated, shared the following briefing with the Council on proposed changes to the City Market handbook, which includes clarification of what may be sold on the market, new rules for vendors, the addition of new standards for artisans, clerical changes and changes for the use of Market spaces. In conclusion, he indicated that upon completion, the final proposal would be submitted to the Council for approval at a future date. I I I I The Historic Roanoke City Market - wlter~ it aft Cl'JUief tOjdher. · The oldest continuously operating City Market in the Commonwealth of Virginia · Managed by Downtown Roanoke, Inc. under agreement with the City of Roanoke - Market Handbook is subject to approval of the City Manager - Fee Schedule approved by DRI Board &, City Council : ~t'<ll'T;'~ The mission of the Market to provide Roanoke and the surrounding area with R~.J~_'locally grown foods in a direct farm-to-consumer venue and to increase L?<. .. ~:ilIli:_CI awareness and support of regional agriculture. The predominant emphasis is "1~!Zll~.'~'~.~. on farm products of the area, but the Market will also host a variety of artisans '~j ~~S3 and food vendors to further enhance the City's diverse and dynamic __:all 'Ci!~. community. HISTORIC ROANOKE Ci1y Market I City of Roanoke/DRI Relationships ,'.. - -.------ ---- ------- --.-- ---- i Downtown Special Assessment District i L..--------r-------- ----' City of Roanoke Downtown Roanoke, Inc. ~------- ~ - --- :~~ I '------- -- - --- 1 Historic Roanoke City Market I 217 218 I Farmers Market Handbook Changes As Proposed February 1 , 2010 Df>.\:l'.;o. ~~. "~~I[l~J1:7J B~~~ HIS10RIC ROAr"':OKE Ci1y Market where, it a.it CfJUU;S tOjether. Farmers Market Handbook Changes Process I · 2008-2009: Staff research into best practices and current operational issues of the Market · November 13: Market Rules Committee Presentation · November 20: Market Vendor Presentation · January 27: Revised Draft Sent to Market Rules Committee '" ~f>.\:l";o. ~. l"l..~'ZI[l'3J1:7J....... -::;;1 ,,">0,0 ~;~ flV~~ HISTORIC ROANOKE Ci1y Market where, it a.it CfJUU;S tOjether. I I Farmers Market Handbook Changes Section II: Items that may be sold To ensure all vendors are treated the same... · Ambiguous statements defined or assigned to the Market Manager's decision (ex. "predominantly home grown") · Introduction of an optional 3rd party jury system to establish sta~dards for artisans (crofters) on the City Market. c. ;,;;, D~O'Y'o. a. ~m~'J:I[t~Wl --', "",...0<::> l~~ fas~ wher~ it aft COI11.M t03et:1ur. HISTORIC ROANOKE City Market I Farmers Market Handbook Changes Section III: Hours of Operation To prevent conflicts with outdoor dining... · Changed from 5:00 PM (4:00 PM, Sundays) to 4:30 PM (3:30 PM, Sundays). Vendors will now have a 30 minute "tear down" period. · Why?: Allows for outdoor dining starting promptly at 5:00 PM (4:00 PM, Sundays) and eliminates potential conflicts between restaurants and vendors. . . .D~O'Y'o. R~~_1 l? . <Je:s_<::l I~~.Z...I[X. ~.~. . J!~ f2~ HISTORIC ROANOKE City Market wher~ it aft COI11.M t03et:1ur. I 219 220 Farmers Market Handbook Changes Section X: General Information I To reinforce the promotion of a family atmosphere... · New rules forbidding: - Consuming alcohol/ appearing intoxicated while vending - Public harassment of staff on the Market Both will result in immediate loss of selling privileges for the day with no refund. , . D/>.O_T;o. o~~~_1 [t.~<::ill......~ IlIIfJ'P1.:I[1'~Pr:J~, . ~tl eil',,"O<' ~~ [yao~ HISTORIC ROANOKE Ci1y Market where, it all COI11M tOjether. Farmers Market Handbook Changes Appendix A: Standards for Artisans I To maintain a quality merchandising mix... · Products must exhibit legitimate craftsmanship and support the mission of the Market · Jewelry must be assembled from quality components (as determined by the Artisan Advisory Committee & The Market Manager) · No screen-printed items . = I:::2/>.W;o. Q~_1 L>/\J<::ill......~ Ir~'P1.:I[S. ~r:J.v:.. . ~~~~ where, it all COI11M tOjether. HISTORIC ROANOKE Ci1y Market I I Farmers Market Handbook Changes Clerical Changes To ensure the success of the Market... · Introduction of the ."Market Clerk" position · Production site visitations for new vendors · Formalization of daily site assignments (ex. Vendors must notify DRI staff no less than 24 hours in advance of intent to sell so that stalls can be reassigned.) · Limits on "spreading" to additional tables · Attendance requirement raised from 50% to 70% i;~. ,y,~ ~Ll it~ ~~ HISTORIC ROA.NOKE Ci1y Market where- it aLt COU1.M t03ether. I Farmers Market Handbook Changes Proposed Fees for Use of Market Spaces Current Proposed Daily Permits: Sunday-Thursday ..................................m.......... . Friday & Saturday .............................. . Primary/Shared Permits: Six Month Permit $35/month $45/month ........................................................................ ..................................................................... .........................................................om................. ......................... ... ..................... Market Square Permit N/ A $35/month ._m...m...m..mm....................................... .,."..........",."........... ....................................................................... "",,,................,,............................................. Saturday Only $40/month $55/month .... ..... .......... ,.............. .. .................................................. .............................................................. Holiday Season Permit $75/month $135/month &~. =f~'I~~. . ~. 'g~ $lO/day $15/day $10/day $20/day HtSiORIC ROANOKE Ci1y Market where- it: aLt COU1.M t03ether. I 221 222 Farmers Market Handbook Changes Moving Forward I 1. City Manager approval of handbook changes 2. DRI Board approval of revised fee schedule 3. City Council approval of revised fee schedule 4. June 1 : Contracts & Invoices mailed out 5. July 1: New handbook & fee schedule take .D~'O'~"o. a. iI'''I':1~~v::l ,=,rl"I,..1'Y?"A. ";:j =0= ~;~ Jac~ wher~ it all ~Utef to!Jether. HIStORIC ROANOKE Ci1y Market Discussion: Council Member Cutler inquired if there was a Market Manager; whereupon, Mr. I Luther replied that a full-time would be hired by the end of March 2010. Council Member Cutler suggested that handicap accessibility on the market be kept at the forefront of the Plan. Following additional comments by the Council, the Mayor thanked Mr. Luther for his presentation. Annual Implementation Report Vision/Neiohborhood Plan: Ian Shaw, Senior City Planner, updated the Council on the 2009 Comprehensive and Neighborhood Plan Implementation Report Updates, referencing the following: I I ~~. ROANOKE Implementation Reports o Annual reporting documents o Input from Leadership team/ all departments o Track progress on implementation of: o Comprehensive Plan, Vision 2001 - 2020 o Neighborhood Rans (26 planning areas) I ~~ ROANOKE Comprehensive Plan - Status of Actions Overall Status (numbers in parentheses for 2008) Specific Vision Area Number of Actions Actions Specific Actions Completed Ongoing Housing and Neighborhoods 31 27 (27) 4 (4) Environmental and Cultural 30 20 (20) 9 (8) Resources Economic Development 38 22 (21) 14 (14) Transportation and 24 15 (12) 8 (9) I nfrastructu re Public Safety and Services 17 7 (7) 9 (9) People and Human 17 2 (2) 12 (12) Development City Design City design guidelines incorporated directly in Vision 2001 - 2020 or in actions in the above categories Total 157 93 (89) S6 (56) I 223 224 ~~ ROANOKE Comprehensive Plan - Activities I ~~ ROANOKE Top 1 0 - Significant Actions for 2009 1. Street Design Team 2. 20% Crime Reduction 3. Roanoke River:'" Flood Reduction and Greenway Library Additions (Gainsboro, Jackson Park) 5. Urban Flex and RLF Comprehensive Plan - Activities I Top 1 0 - Significant Actions for 2009 6. Williamson Road Fire Station 7. Adaptive Reuse 8. Sustainability Initiatives 9. City Market 1 O.Residential Pattern Book I I ~ij ROANOKE Neighborhood Plans - Update Process Neighborhood Planning Status o Plans current for each neighborhood 2008 ) o Update plans to keep current . Select neighborhoods based on age/level of change . Review progress with neighborhoods . Solicit neighborhood input on future action . Implement Street Design Guidelines, Strategic Housing Plan, etc., Greenway Plan, etc. . Coordinate with Roanoke County o Develop specific area plans I ~~ ROANOKE Neighborhood Plans - Activities o Plans Adopted o Old Southwest o Plans Underway o Melrose-Rugby o Loudon Melrose oAction Implementation o 427 actions (plans adopted for> 1 year) o 148 complete o 193 ongoing I 225 226 ~. ROANOKE Upcom ing Efforts/ Ftoposed Activities o Neighborhoodl Area Plans o Update Villa Heights/ Fairland and Washington Park plans o Create area plan for vacant property parallel to 1-581 o Downtown Plan o Com prehensive Plan Mr. Shaw indicated that 95 percent of actions listed in the comprehensive plan had been completed or were ongoing. Discussion: Council Member Mason inquired as to how developers felt about the residential pattern book; whereupon, the Assistant City Manager for Community Development remarked that the pattern was a non-regulatory resource designed for people who owned a specific architectural style home, and offered renovation tips, adding that the book was not aimed toward the builder. Council Member Rosen suggested that the pattern book be sent to regional home builders emphasizing that the book was a resource; whereupon, Mr. Shaw indicated that area builders had already been provided copies during a stakeholders meeting. I I I I I I 227 2011 Budoet Follow-up: As a follow-up from the Financial Planning Work Session which was held on Friday, February 19, 2010, Sherman M. Stovall, Director, Management and Budget, shared data with the Council which included Comparative Tax Rate information, external agency funding, and capital projects, as well as a letter from Council Member Gwendolyn W. Mason regarding potential areas of savings. Staff presented local tax revenue options for consideration, and thereafter, the Council suggested that the City Manager consider holding a forum with stakeholders regarding meals and lodging tax increases in order to receive feedback and consensus prior to the Council making a decision to increase said taxes. Following briefing, the Council asked for a list of employee recommendations for reducing the budget. (For full text, see copy of Financial Planning - Follow-up on file in the City Clerk's Office.) At 12:40 p.m., the Mayor declared the Council meeting in recess until 2:00 p.m., in the Council Chamber, Room 450, fourth floor, 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, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend James D. Thomas, Pastor, Raleigh Court United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 228 PRESENTATIONS AND ACKNOWLEDGEMENTS: CITY MANAGER-OATH OF OFFICE: The Mayor recognized Christopher P. Morrill, as the new City Manager, and the Honorable Brenda S. Hamilton, Clerk of the Circuit Court administered a ceremonial Oath of Office to Mr. Morrill. The Mayor also announced that an informal reception would be held for the public to meet Mr. Morrill this afternoon from 5:00 p.m. to 7:00 p.m., in the Lobby of the Performing Arts Theatre at the Roanoke Civic Center. GREENWAYS-RAILWAYS: The Mayor' announced that Norfolk Southern Foundation had agreed to provide $10,000.00 for greenway projects, specifically capital acquisition of materials and signage, plus development of teacher guide materials, adding that payment would be forwarded in May 2010. (See communication on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor declared the week of March 8 - 14, 2010 as Multiple Sclerosis Awareness Week; and presented a ceremonial copy of the proclamation to Harvey Brookins and Rachel Lotts, representatives of the National Multiple Sclerosis Society, Blue Ridge Chapter. (See ceremonial copy of proclamation on file in the City Clerk's Office.) 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. COUNTRYSIDE: Bill Numnenkap appeared before the Council to request reconsideration of the Council's decision to close Countryside Golf Course. (See copy of written comments on file in the City Clerk's Office.) COUNTRYSIDE: Kevin Kays appeared before Council and spoke about the closing of Countryside Golf Course, and requested that the Council reconsider its decision. COUNTRYSIDE: Alvin Nash, President, Countryside Golf Association, appeared before Council to request reconsideration of its decision to close Countryside and further measure the impact and opportunity of the Golf Course. (See copy of written comments on file in the City Clerk's Office.) I I I I I I 229 COUNTRYSIDE: Pat Shelor and Laurence Bailey also appeared before Council to request reconsideration of its decision to close Countryside Golf Course. Vice-Mayor Lea asked the Assistant Manager for Community Development to provide clarification with regard to the contract with Meadowbrook Management Company. Mr. Townsend explained that in the summer of 2009, the City issued a request for proposals (RFP) for the operation and management of the golf course. The course was acquired by the City in 2005 and Meadowbrook Management Company managed the course on a one-year basis as the City contemplated and sought out development options for the property. He noted that the City was not successful in securing interest in the development of that property. He further explained that the Council decided with the downturn of the housing market to keep the golf course for long term utilization, which generated the RFP process seeking operators for a ten-year contract and a ten-year lease with the airport was negotiated to continue use of the Runway Protection Zone (RPZ) that overlaps onto the property. He advised that three proposals were received and throughout the summer discussions were held with one candidate, but with all the proposals a significant investment was asked of the City to make repairs, etc. totaling just under $1 million. The City proceeded with Meadowbrook Management Company who also asked the City to make a capital investment in countryside, but agreed to two five-year contracts operating the course, with the second five-year contract pending upon mutual agreement to continue. The budget team discussed the City's budget situation and the availability of capital funds; Meadowbrook was asked to operate the course on an interim basis from April 2010 until July 2011 to enter into a longer term once the City could commit to the capital investments. In conclusion, Meadowbrook agreed to the terms, but would not pay the City during that time and expected the City to make extraordinary repairs to the property. The City could not commit financially to those terms. J In response to the citizen comments regarding Council's decision to close Countryside Golf Course, Vice-Mayor Lea asked the Assistant City Manager for Community Development to provide a summary of the process that the City under went to try to find a management firm to operate the golf course; whereupon, Brian Townsend reviewed the steps taken by City staff to negotiate a management contract and shared the management challenges and financial commitment required to operate the golf course. ' 230 Mayor Bowers indicated his support of the golf course and noted his concern regarding the Council's reputation regarding reversals of previous decisions. He alluded that the City was still within the necessary timeframe extended to Meadowbrook, which would allow the new City Manager an opportunity to review the information and share his thoughts with the Council. The Mayor pointed out that plans for usage of Countryside or other City buildings, such as the Commonwealth Building have yet to be identified, adding that Countryside needed to be maintained and recommended that the matter be referred to the City Manager for review and report back to Council. Vice-Mayor Lea disagreed with the Mayor's comments, and instead commended the Council for standing behind its decision to do what was best for the City. He cited the City's obligation to provide funding to the Schools in support of its budgetary shortfall. BUDGET-CITY MARKET-MILL MOUNTAIN: Manley Butler appeared before Council and spoke about Mil Mountain and downtown Roanoke. (See copy of written comments on file in the City Clerk's Office.) MISCELLANEOUS: Robert Gravely appeared before Council regarding economic issues facing the City of Roanoke. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. TAXES: A communication from the former City Manager Darlene L. Burcham requesting that Council schedule a public hearing for Monday, March 15, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to amend the personal property tax credit for "clean special fuel" vehicles, was before the body. (See communication on file in the City Clerk's Office.) I I I I I I 231 , Council Member Mason moved that Council concur in the request of the former City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) CITY MARKET-LEASES: A communication from the former City Manager Darlene L. Burcham requesting that Council schedule a public hearing for Monday, March 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for ~Iease of space in the City Market Building for the operation of Big Lick Pizza Company, on a month to month basis, not to exceed 12 months, 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 former City Manager. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) BONDS-LIBRARIES: A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, March 15, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize reallocation of a portion of Series 2002 Bonds from the category of public libraries to the category of public buildings, was before the body. (See communication on file in the City Clerk's Office.) 232 AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. I Council Member Mason moved that Council concur in the request of the Director of Finance. The motion was seconded by Council Member Cutler and adopted by the following vote: NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) HOTEL ROANOKE CONFERENCE CENTER COMMISSION-CITY MANAGER- COMMITTEES: A communication from Darlene L. Burcham tendering her resignation as a Commissioner of the Hotel Roanoke Conference Center Commission, effective March 1,2010. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. I (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) ROANOKE VALLEY ALLEGHANY REGIONAL COMMISSION-CITY MANAGER- COMMITTEES: A communication from Darlene L. Burcham tendering her resignation as a non-elected representative of the Roanoke Valley Alleghany Regional Commission, effective March 1, 2010. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was I recorded. ) I I I 233 FAIR HOUSING-COMMITTEES: A communication from the City Clerk advising of the resignation of Adam Markwood as a member of the Fair Housing Board, effective immediately. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) ANNUAL REPORT: The 2009 Annual Report of the Planning Commission was before the Council. (See copy of Annual Report on file in the City Clerk's Office.) Council Member Mason moved that the Annual Report be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea 'and Council Member Rosen were not present when the vote was recorded.) OATHS OF OFFICE-L1BRARIES-COMMITTEES-CITY MANAGER: Reports of qualification of Christopher P. Morrill as the City Manager of the City of Roanoke, effective March 1, 2010; and Andrew H. Williams as a member of the Roanoke Public Library Board to fill the unexpired term of C. Nelson Harris, resigned, commencing February 1,2010 and ending June 30, 2011, were before the Council. (See Oaths of Affirmations of Office on file in the City Clerk's Office.) 234 Council Member Mason moved that the reports of qualification be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Mason, Price, and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Lea and Council Member Rosen were not present when the vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY-BUILDINGS-LEASES-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 1,2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to enter into a sales agreement for the conveyance of certain City-owned property to 220 Church, LLC, designated as Roanoke City Tax Parcel No. 1012103, located at 220 Church Avenue, S. W., Roanoke, Virginia, otherwise known as the "Commonwealth Building, the matter was before the body. Legal advertisement of the public hearing was published once in The Roanoke Times on Friday, February 19, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a contract for purchase and sale of the Commonwealth Building, subject to approval as to form by the City Attorney. (For full text, see copy of communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38737-030110) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 220 Church Avenue, S. W., Roanoke, Virginia, otherwise known as the "Commonwealth Building," bearing Official Tax No. 1012103, to 220 Church, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 71.) I I I I I I 235 Council Member Mason moved the adoption of Ordinance No. 38737-030110. The motion was seconded by Council Member Cutler. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. Council Member Cutler inquired as to the status of the Bankruptcy Court as a tenant in the building; whereupon, the Assistant City Manager for Community Development advised that the lease with Bankruptcy Court ends in September 2010, adding that if the proposed ordinance passes, the City Manager will be authorized to enter into a sales agreement with the high bidder for the property, but will also provide the purchaser a 90 day due diligence. There were comments regarding discussion with the Housing Authority and the Roanoke City School Board, respectively, relating to possible relocation to the Commonwealth Building. It was reported that neither entity was interested in the building. The Director of Finance indicated that the assessment for the building was approximately $7 million; however, she pointed out that the building had not been maintained properly and the potential buyer would have to make an investment in maintenance to inhabit the building. There being no additional comments by the Council Members, Ordinance No. 38737-030110 was adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, and Rosen-5. NAYS: Mayor Bowers-1. PETITIONS AND COMMUNICATIONS: ANNUAL REPORT-ROANOKE REGIONAL PARTNERSHIP: Beth Doughty, Executive Director, Roanoke Regional Partnership, appeared before Council and presented an annual report. (See copy of annual report on file in the City Clerk's Office.) Council Member Trinkle inquired if Ms. Doughty had advice with regard to unified marketing for the region as well as her thoughts on the Governor's faith in the movie industry to promote business in the State and Roanoke's potential to host a movie; whereupon, Ms. Doughty stated that she was cataloging Roanoke for commercial shooting and the movie industry, adding that within the next six months, she hoped to capture prime locations in the area for footage and funnel the information through the Virginia Tourism Corporation. 236 Without objection by the Council, the Mayor advised that the annual report would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: STREET NAMES: The City Manager submitted a written communication recommending approval of name changes to three city streets. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38738-030110) A RESOLUTION renaming the 2700 block of Ferndale Drive to Ordway Drive; the 4600, 4700, and 4800 blocks of Rutgers Avenue to Rutgers Street; and changing the spelling of Duke of Glouchester Street to Duke of Gloucester Street. (For full text of resolution, see Resolution Book No. 74, page 72.) Council Member Mason moved the adoption of Resolution No. 38738-030110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers- 7. NAYS: None-O. LEASES-POLICE-EQUIPMENT: The City Manager submitted a written communication recommending authorization to enter into a Memorandum of Understanding and associated Governance Agreement between the City of Roanoke, City of Salem, Town of Vinton and Roanoke County for the creation of a regional law enforcement data/information sharing system. (For full text, see communication on file in the City Clerk's Office.) I I I I I I 237 Vice-Mayor Lea offered the following ordinance: (#38739-030110) AN ORDINANCE authorizing the City Manager to execute an Intergovernmental Agreement ("Agreement"), dated March 1, 2010, among the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton to create the Roanoke Area Criminal Justice Information Network ("R.A.C.J.I.N."), 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. 74, page 74.) Vice-Mayor Lea moved the adoption of Ordinance No. 38739-030110. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-7. NAYS: None-O. COMMENTS BY THE CITY MANAGER: POLICE DEPARTMENT-INTERNET: The City Manager mentioned the Ribbon- cutting Ceremony that was held on Wednesday, Feqruary 24, 2010, for the Police Training Academy; and the launching of the City's new website design on Tuesday, February 23, 2010, adding that the design was the result of work by Staff in the Department of Technology and the Office of Communications. In conclusion, the City Manager stated that the site has new features including social media applications, a new search engine, more options for news and announcements, language translations, and access to City calendars. DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Reports for the City of Roanoke for the month of January, 2010; and the Roanoke City Public Schools for the month of December 2009. (For full text, see Financial Reports on file in the City Clerk's Office.) Without objection by the Council, Mayor Bowers advised that the Financial Reports would be received and filed. BONDS/BOND ISSUES: The Director of Finance submitted a written report recommending authorization to issue Series 2010 General Obligation Bonds. (For full text, see communication on file in the City Clerk's Office.) 238 Council Member Cutler offered the following resolution: (#38740-030110) A RESOLUTION authorizing the sale of City of Roanoke, Virginia, General Obligation Public Improvement And Refunding Bonds, Series 2010A, and City of Roanoke, Virginia, General Obligation Public Improvement' Bonds, Series 2010B (Taxable - Recovery Zone Economic Development Bonds). (For full text of resolution, see Resolution Book No. 74, page 75.) Council Member Cutler moved the adoption of Resolution No. 38740-030110. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: ) AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-7. NAYS: None-O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ART: Council Member Mason offered the following resolution in support of State. funding for the Virginia Commission for the Arts: (#38741-030110) A RESOLUTION urging the General Assembly to continue funding the Virginia Commission for the Arts at the level proposed by the Senate of Virginia. (For full text of resolution, see Resolution Book No. 74, page 81.) Council Member Mason moved the adoption of Resolution No. 38741-030110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen, and Mayor Bowers- 7. NAYS: None-O. MOTION AND MISCELLANEOUS BUSINESS: NONE. I I I I I I 239 At 4:16 p.m., the Mayor declared the Council meeting in recess for Closed Meetings in the Council's Conference Room, Room 451, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. At 4:58 p.m., the Council meeting reconvened in the Council Chamber, Room 450, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Rosen moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter 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 Cutler and adopted by the following vote: AYES: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-7. NAYS: None-O. FAIR HOUSING-COMMITTEES-OATHS OF OFFICE: The Mayor called attention to vacancies on the Fair Housing Board created by the expiration of the three year term of office of Christy McGhee (Cooper) ending March 31, 2010; and resignation of Adam Markwood for an unexpired term of office ending March 31,2012; whereupon, he opened the floor for nominations Council Member Price placed in nomination the names of Valerie N. Hale and Diron C. Wirt. There being no further nominations, Ms. Hale was appointed to replace Christy McGhee (Cooper) for a term of three years commencing March 1, 2010 and ending March 31, 2013; and Mr. Wirt was appointed to fill the unexpired term of Adam Markwood ending March 31, 2012, as members of the Fair Housing Board by the following vote: FOR MS. HALE AND MR. WIRT: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-7. YOUTH-COMMITTEES-OA THS OF OFFICE: The Mayor called attention to vacancies created by the expiration of terms of office of Angela Holland on March 31, 2009; and Sharon Hicks on March 31,2007, as members of the Youth Services Citizen Board; whereupon, he opened the floor for nominations. Council Member Trinkle placed in nomination the name of Marion Vaughn- Howard. 240 Council Member Rosen placed in nomination the name of Vickie J. Valentino There being no further nominations, Ms Vaughn-Howard was appointed to replace Angela Holland for a term of office commencing March 1, 2010 and ending March 31, 2012; and Vickie J. Valentino was appointed to replace Sharon Hicks for a three-year term of office commencing March 1, 2010 and ending March 31, 2013, as members of the Youth Services Citizens Board by the following vote: FOR MS. VAUGHN-HOWARD AND MS. VALENTINO: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen and Mayor Bowers-7. AI RPORT -OATHS OF OFFICE-COMMITTEES: The Mayor called attention to the expiration of the four-year term of office of John E. Dooley ending March 9, 2010, as a City representative of the Roanoke Regional Airport Commission; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of John E. Dooley. There being no further nominations, Mr. Dooley was reappointed as a City representative of the Roanoke Regional Airport Commission for a four-year term of office ending March 9, 2014, by the following vote: I FOR MR. DOOLEY: Council Members Trinkle, Cutler, Lea, Mason, Price, Rosen I and Mayor Bowers-7. SCHOOLS-COMMITTEES: Council Member Mason moved that the City Clerk be instructed to extend the deadline for receipt of applications in connection with the two upcoming vacancies on the School Board due to the expiration of the three-year terms of office of Courtney Penn and Suzanne Moore ending June 30,2010, from March 10 to Monday, April 5, 2010 at 12:00 noon. The motion was seconded by Council Member Trinkle and unanimously adopted. There being no further business, the Mayor declared the meeting adjourned at 5:00 p.m. APPROVED ATTEST: ~'rr;owJ Stephanie M. Moon City Clerk 9. DaVid A. Bowers Mayor I 241 I ROANOKE CITY COUNCIL-REGULAR SESSION March 15, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, March 15, 2010, at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers 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. 38502- 070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. I OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Cecelia 1. Webb, Assistant Deputy City Clerk. The Invocation was delivered by The Reverend Dean J. Nastos, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ANNOUNCEMENTS: CLEAN VALLEY: The Mavor announced that the Annual Clean Vallev Dav would be held on Saturdav. March 27 from 9:00 a.m. - 12:00 Noon. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. I HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. 242 ECONOMIC DEVELOPMENT: Robert Gravely appeared before the I Council and spoke about economic development and other miscellaneous matters. (See copy of information on file in the City Clerk's Office) SCHOOLS-TAXES: Teresa Sutherland appeared before the Council and expr~ssed concern about the reduction in funds to education. (See copy of comments on file in the City Clerk's Office.) RECREATION: Barbara Duerk appeared before the Council and spoke about the National Bike Summit - 2010 and requested Letters of Support be sent to the City's representatives of the General Assembly with regard to state funding in connection with the Urban Revitalization and Livable Communities Act and the Land and Water Conservation Authorization and Funding Act of 2000. (See copies of flyers on file in the City Clerk's Office.) Ron McCorkle presented the ShareBike Award. Without objection, the Mayor instructed the City Manager and City Attorney to draft a letter requesting the General Assembly to support H.R. 3734, I the Urban Revitalization and Livable Communities Act; and a request for support of Senate Bill No. 2747, the Land and Water Conservation Authorization and Funding Act of 2009. (See copies of Letters of Support on file in the City Clerk's Office.) RECREATION-YOUTH: Helen Davis appeared before the Council and again expressed concern regarding Inner-City Athletic Association's inclusion in the Youth Advisory Council. 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 Closed Meeting requests, one by the City Attorney and another by the City Manager. I 243 I MINUTES: Minutes of the special meeting of the City Council Personnel Committee held on Wednesday, December 2, 2009, recessed until Friday, December 11, 2009; and regular meetings of City Council held on Monday, December 7,2009, and Monday, December 21,2009, were before the body. (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 Council Member Rosen and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) I CITY COUNCIL: A communication from the City ~ttorney requesting that Council convene in a Closed Meeting to discuss a matter of actual litigation, pursuant to Section 2.2-3711 (A)(7) , Code of Virginia (1950), 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 Attorney. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) COUNCIL-CITY CLERK: A communication from the City Clerk advising of the ineligibility of Francine L. Craven as a member of the Youth Services Citizen Board inasmuch as she is no longer a City resident as required by State statute. (See communication on file in the City Clerk's Office.) I 244 Council Member Mason moved that the communication be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: I AYES: Council Members Cutler, Lea Mason, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) CITY MARKET: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 5, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Big Lick Pizza Company, on a month to month basis, not to exceed 12 months, Vl{as 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 Rosen and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Rosen, Trinkle, and Mayor Bowers-6. I NAYS: None-O. (Council Member Price was not present when the vote was recorded.) OATHS OF OFFICE-FAIR HOUSING BOARD: Report of qualification of Diron C. Wirt as a member of the Fair Housing Board for a term ending March 31, 2012. (See Oath or Affirmation of Office on file in the City Clerk's Office.) I 245 I Council Member Mason moved that the report of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote:, AYES: Council Members Cutler, Lea, Mason, Rosen, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NEIGHBORHOOD ORGANIZATIONS: Ron McCorkle, Vice-Chair, Roanoke Neighborhood Advocates, appeared and briefed the Council on the state of the Committee; emerging of neighborhood watch groups; and shared information regarding possibilities for the future of the City's neighborhoods. I (See copy of remarks on file in the City Clerk's Office.) Council Member Mason moved that the remarks be received and filed. The motion was seconded by Council Member Rosen and adopted.. At this point, Council Member Price entered the meeting. (2:45 p.m.) REPORTS OF CITY OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: STATE HIGHWAYS: The City' Manager submitted a written communication recommending adoption of a resolution requesting federal recognition and financial support for the Interstate 81 Corridor Coalition. (For full text, see communication on file in the City Clerk's Office.) I 246 Council Member Cutler offered the following resolution: I (#38742-031510) A RESOLUTION supporting and urging the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for the 1-81 Corridor Coalition, and sponsoring a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. (Forfull text of resolution, see Resolution Book No. 74, page 83.) Council Member Cutler moved the adoption of Resolution No. '38742- 031510. The motion was seconded by Council Member Mason. Council Member Cutler asked if the office for 1-81 corridor could be located in Roanoke as a central location, adding that the funds requested could be used to establish an office and staff for the 1-81 corridor coalition. There being no further comments by the Council Members, Resolution No. 38742-031510 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I GRANTS-HEALTH DEPARTMENT: The City Manager submitted a written communication recommending acceptance of a Virginia Department of Health Grant to promote prevention of unintentional injuries. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38743-031510) A RESOLUTION authorizing acceptance of the Virginia Department of Health grant to the City of Roanoke, by the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City. C (For full text of resolution, see Resolution Book No. 74, page 84.) I 247 I Council Member Trinkle moved the adoption of Resolution No. 38743- 031510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Trinkle offered the following budget ordinance: (#38744-031510) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Health for the purchase of fire safety educational materials, amending and reordaining certain sections of the 2009- 2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see OrdinanceoBook No. 74, page 84.) I Council Member Trinkle moved the adoption of Budget Ordinance No. 38744-031510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. WESTERN VIRGINIA WORKFORCE DEVELOPMENT: The City Manager submitted a written communication recommending appropriation of the Western Virginia Workforce Development Board Workforce Investment Act American Recovery Reinvestment Act Dislocated Worker Program funding for Program Year 2009. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: I (#38745-031510) AN ORDINANCE to appropriate additional funding from the Federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 86.) 248 Council Member Rosen moved the adoption of Budget Ordinance No. I 38745-031510. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-POLlCE: The City Manager submitted a written communication recommending acceptance of the "Virginia Services, Training, Officer, Prosecution Violence Against Women" (V-STOP) Grant from the Department of Criminal Justice Services; and transfer/appropriation of funds. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following resolution: (#38746-031510) A RESOLUTION authorizing acceptance of the V-STOP Grant made to the City of Roanoke by the. Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 86.) I Vice-Mayor Lea moved the adoption of Resolution No. 38746-031510. The motion was seconded by Council Member Price. Vice-Mayor Lea commented on the City's continued effort to make an impact on regional domestic violence. There being no additional comments by the Council Members, Resolution No. 38746-031510 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I 249 I Vice-Mayor Lea offered the following budget ordinance: (#38747-031510) 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 2009-2010 . Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 87.) Vice-Mayor'Lea moved the adoption of Budget Ordinance No. 38747- 031510. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-D. I BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance of additional funding for the Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants Grant from the Virginia Department of Social Services. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38748-031510) A RESOLUTION authorizing the acceptance of additional funding of an Employee Advancement for Temporary Assistance to Needy Families (T ANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 74, page 88.) I 250 Council Member Mason moved the adoption of Resolution No. 38748- I 031510. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following budget ordinance: (#38749-031510) AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance (For full text of ordinance, see Ordinance Book No. 74, page 89.) Council Member Mason moved the adoption of Budget Ordinance No. 38749-031510. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. I NAYS: None-O. BUDGET-GREENWAYS-TRANSPORTATION FUND: The City Manager submitted a written communication recommending acceptance of additional Virginia Department of Transportation funding in connection with the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project. (For full text, see communication on file in the City Clerk's Office.) I 251 I Council Member Trinkle offered the following resolution: (#38750-031510) A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Enhancement Grant funding and federal Open Container Grant funding for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project; authorizing the City Manager to execute a Revised Appendix A to the City's Roanoke River Greenway Project Agreement with VDOT; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned additional Grant funds. (For full text of resolution, see Resolution Book No. 74, page 90.) Council Member Trinkle moved the adoption of Resolution No. 38750- 031510. The motion was seconded by Council Member Cutler. I Council Member Cutler called upon the Administration for clarification regarding information about the Open Container Grant; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, replied that in the past there was an open container law that allowed fines to be incurred if someone was caught with an open container of alcohol in a vehicle, adding that the proceeds from said fines created the grant funding. Council Member Cutler asked about the timeline for completion of the Tinker Creek Pedestrian Bridge and Roanoke River Greenway; whereupon, Philip Schirmer, City Engineer, responded that $4.1 million had been allocated for the project and request for bid proposals would be solicited around May 15; and the requested funding will be used in connection with the Roanoke River Greenway/Tinker Creek Pedestrian Bridge, adding that City staff was currently working with the Corps of Engineers to complete the next segment of the greenway trail from Vic Thomas Park up to Bridge Street. Furthermore, Mr. Schirmer remarked that no funding was currently available to complete the Roanoke Greenway Trail from Bridge Street up to the City of Salem. Council Member Cutler also inquired about the number of bridges in connection with the project; whereupon, Mr. Schirmer advised that a bridge was currently under construction connecting Wasena Park to Vic Thomas Park, with a trail crossing Memorial Bridge, and at least two or three additional bridges for the remainder of the, segment leading up to the City of Salem. I 252 There being no additional questions and/or comments by the Council I Members, Resolution No. 38750-031510 was adopted by the following vote: . AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Cutler offered the following budget ordinance: (#38751-031510) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project and the Dumas Center T-21 Grant to the Roanoke River Greenway/Tinker Creek Bridge project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 91.) Council Member Cutler moved the adoption of Budget Ordinance No. 38751-031510. The motion was seconded by Council ~Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. I NAYS: None-O. ~ AIRPORT: The City Manager submitted a written communication recommending execution of amendment No.3 to the Roanoke Regional Airport Commission contract. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38752-031510) AN ORDINANCE authorizing the City Manager to execute Amendment No. 3 to the Roanoke Regional Airport Commission Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, 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. 74, page 92.) I 253 I Council Member Rosen moved the adoption of Ordinance No. 38752- 031510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: CELEBRATIONS: The City Manager announced that the St. Patrick Day's Parade and Celtic Festival was held on Saturday, March 13 in downtown Roanoke. In addition, Mr. Morrill made reference to a headline from the Monday, March 15 edition of The Roanoke Times that stated, "State Slashes Public Service," and said he would explain to the Council and citizens at the City Council's March 29 Financial Planning Session what those cuts would be and how they would affect the City's FY2011 budget. I Council Member Price mentioned that the Roanoke City Public Schools would be participating in a Solidarity Rally on Saturday, March 20 at 12:00 Noon on the Dr. Martin Luther King Jr. Memorial Bridge in support of funding for the Roanoke City schools; and she encouraged the public to participate in the event. REPORTS OF COMMITTEES: BUDGET-SCHOOLS-GRANTS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational 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.) ~ Council Member Rosen offered the following budget ordinance: (#38753-031510) AN ORDI NANCE to appropriate funding from the Commonwealth government various educational programs, amending and reordaining certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 93.) I 254 Council Member Rosen moved the adoption of Budget Ordinance No. I' 38753-031510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-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 CITY COUNCIL: SISTER CITIES COMMITTEE: Council Member Cutler announced that he was in attendance at the Roanoke Valley Sister City dinner which was held at Roanoke College, Colket Student Center, Wortmann Ballroom, on Saturday, I March 13, and the former City Manager, Darlene Burcham, was recognized for her contribution to the organization; and he spoke about a recent edition of the Virginia Business Magazine which included a letter to the Editor by Joyce Waugh, President and CEO of the Roanoke Regional Chamber of Commerce, titled, "Scenic Views are Important Part of Area's Quality Life." (See copies of information on file in the City Clerk's Office.) YOUTH: Vice-Mayor Lea announced that the YMCAS would be sponsoring its Annual Father/Son Banquet on Saturday, March 20 at 5:00 p.m. at High Street Baptist Church. COUNCIL: Mayor Bowers announced that the Council meeting would be recessed until Monday, March 29 for a Financial Planning Session at 1 :00 p.m., in the EOC Conference Room, Room 159, to continue discussion of budget reductions. I 255 I OATHS OF OFFICE-HOTEL ROANOKE: The Mayor advised that there is a vacancy on the Hotel Roanoke Conference Center Commission created by the resignation of Darlene L. Burcham as a City representative for a term ending April 12, 2014; whereupon, he opened the floor for nominations. ' Council Member Mason placed in nomination the name of Christopher P. Morrill. There being no further nominations, Mr. Morrill was appointed as a City representative on the Hotel Roanoke Conference Center Commission to fill the unexpired term of Darlene L. Burcham commencing March 15, 2010, and ending April 12,' 2014, by the following vote: FOR MR. MORRILL: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. At 3:12 p.m., the Mayor declared the meeting in recess for a Closed Meeting. I At 3:32 p.m. the Council meeting reconvened in the Council Chamber, Vice-Mayor Lea presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Price 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 Cutler and adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle, and Vice- Mayor Lea-6. NAYS: None-O. (Mayor Bowers was absent.) At 3:33 p.m., the Vice-Mayor declared the Council meetihg in recess to be reconvened at 7:00 p.m., in the Council Chamber, Room, 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. I 256 At 7:00 p.m., the Council meeting reconvened in the Council Chamber, -I Room 450, Noel C. Taylor Municipal Building, with Vice-Mayor Lea presiding. PRESENT: Council Members M. Rupert Cutler, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Vice-Mayor Sherman P. Lea-6. ABSENT: Mayor David A. Bowers-1. The Vice-Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Cecelia 1. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Vice-Mayor Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Lea. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. I ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Monday, March 15, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Daniel L. Crandall to rezone properties located at 368, 370 and 374 Elm Avenue, S. W., bearing Official Tax Nos. 1020702 through 1020704, from RM-2, Residential Mixed Density District, to MX, Mixed Use District, for the purpose of general or professional offices, such rezoning to be subject to the condition that the property will be developed in substantial conformity with a development plan prepared by Hill Studio dated January 7, 2010, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 26, 2010 and Friday, March 5, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending denial of the rezoning. (For full text, see copy of report on file in the City Clerk's Office.) 1 257 I Council Member Cutler offered the following ordinance: (#38754-0315.10) AN ORDI NANCE 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 properties within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of th.is ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 94.) Council Member Cutler moved the adoption of Ordinance No. 38754- 031510. The motion was seconded by Council Member Trinkle. Vice-Mayor Lea inquired if there were persons present who wished to speak in connection with the matter. Patrick Fennell, Attorney, appeared before the Council in support of the petitioner's request for rezoning, advising that inasmuch as the Planning Commission voted to denial the Jezoning, City staff recommended approval. Joel Richert appeared in opposition of the request for rezoning. I (See copy of comments on file in the City Clerk's Office.) Phillip Morgan appeared before the Council in opposition of the request for rezoning. Chris Craft appeared before the Council in support of the request for rezoning. Following in-depth discussion regarding the expansion of the existing professional office facility located at 366 Elm Avenue, S. W., involving renovation of two existing two-story residential buildings for office use, and the addition of a 10-space surface parking lot located at the rear and side of the existing buildings, to be accessed from the alley and screened from adjoining residences, the Vice- Mayor declared the public hearing closed. I 258 There being no additional questions and/or comments by the Council I Members, Ordinance No. 38754-031510 was adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Vice- Mayor Lea-6. NAYS: None-O. (Mayor Bowers was absent.) BONDS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed adoption of a resolution reallocating the amount of $1,758,392.00 of the general obligation public improvement bonds of the City authorized for issuance under Resolution No. 35489-080601 adopted by the Council on August 6, 2001, as supplemented by Resolution No. 37373-041706 adopted by the Council on April 17, 2006, from the purpose of "Libraries" to "Public Buildings", and reallocating the amount of $565,000.00 of the general obligation public improvement bonds of the City authorized for issuance under Resolution No. 38205-081808 adopted by the Council on August 18, 2008 from the purpose of "Public Libraries" to "Public Buildings," the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, March 1, 2010, and Monday, March 8, 2010. I (See publisher's affidavit on file in the City Clerk's Office.) The Director of Finance submitted a written report recommending budget adjustment to reflect revisions to Capital Improvement Program. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38755-031510) A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 35489- 080601, as supplemented by Resolution No. 37373-041706, and under Resolution No. 38205-081808. (For full text of resolution, see Resolution Book No. 74, page 96.) I 259 I Council Member Mason moved the adoption of Resolution No. 38755- 031510. The motion was seconded by Council Member Rosen. Vice-Mayor Lea 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. There being no questions and/or comments by the Council Members, Resolution No. 38755-031510 was adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Vice- Mayor Lea-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Cutler offered the following budget ordinance: I (#38756-031510) AN ORDINANCE to de-appropriate funding from bond funds for various projects and to transfer funding from 2002A, 2008A VRA and cash funding to the Police Academy Facilities project, amending and reordaining certain sections of the 2009-2010 Capital Projects, Golf Course and Amphitheater Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 98.) Council Member Cutler moved the adoption of Budget Ordinance No. 38756-031510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Vice-Mayor Lea-6. NAYS: None-O. (Mayor Bowers was absent.) I CITY CODE-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday March 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on issuance of amending Section 32-104(d), Code of the City of Roanoke (1979), as amended, to clarify the tax credit on the personal property tax on motor vehicles which use clean special fuels, the matter was before the body. 260 Legal advertisement of the public hearing was published in The Roanoke I Times on Friday, March 5, 2010 (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending adoption of the amended ordinance establishing a 10 percent credit on the amount due from the owners of clean special fuel vehicles after the State's personal property tax relief (PPTRA) has been applied to the tax to be effective January 1,2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#38757-031510) AN ORDINANCE amending of Subsection (d) of 32- 104, Levied: rates, Article III, Tax on Tanaible Personal Propertv Generallv, Chapter 32, Taxation. Code of the City of Roanoke which provides for a special personal property tax rate for certain motor vehicles which use clean special fuels; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 100.) I Council Member Trinkle moved the adoption of Ordinance No. 38757- 031510. The motion was seconded by Council Member Mason. Vice-Mayor Lea 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. There being no questions and/or comments by the Council Members, Ordinance No. 38757-031510 was adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, Trinkle and Vice- Mayor Lea-6. NAYS: None-O. (Mayor Bowers was absent.) I I, I 1 261 CITY MARKET: CITY PROPERTY: In concurrence of the City Manager's request, the public hearing with regard to a proposal of the City of Roanoke to lease approximately 603 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to C. Roger Lamm, III, dba Big Lick Pizza Co., to be used as a restaurant establishment, on a month to month basis beginning April 1, 2010, such terms not to exceed one year was rescheduled to Monday, April 5, 2010 at 2:00 p.m., in the Council Chamber. HEARING OF CITIZENS UPON PUBLIC MA TIERS: The Mayor advised that Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. BUDGET: Chris Craft appeared before the Council and expressed concern about the budget cuts being proposed by the State. BUDGET-SCHOOLS: Dawn Rees-Blakeman appeared before the Council and expressed concern aboutthe funding to education. (See copy of remarks on file in the City Clerk's Office.) BUDGET-SCHOOLS: Kelly Miller appeared before the Council and spoke about additional funding for the Roanoke City Public Schools. REFUSE: Stefon Walker appeared before the Council to share ideas on recycling as well as ways to donate funds to help City schools. (See copy of remarks on file in the City Clerk's Office.) BUDGET-TAXES-SCHOOLS: Council Member Cutler offered a motion for the Council to hold a public hearing on Monday, April 5, 2010, to consider an increase in the food and beverage tax (meal tax) for a period of two years to provide additional funding to the Roanoke City Public Schools. The motion was seconded by Council Member Mason and adopted. BUDGET: The City Manager announced that the City would hold two public forums on Wednesday, March 31, 2010 to educate the community about the financial challenge facing the City of Roanoke and Roanoke City Public Schools for Fiscal Year 2011. 262 There being no further business, Vice-Mayor Lea declared the meeting in I recess at 8:15 p.m., until Monday, March 29, 2010, at 1 :00 p.m., in the EOC Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, for the purpose of continuing discussion of the Fiscal Year 2010-2011 City budget development. Monday, March 15, 2010 meeting of the Roanoke City Council reconvened on Monday, March 29, 2010, at 1 :00 p.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, for continuation of discussion regarding the Fiscal Year 2010-2011 City budget development, with Mayor David A. Bowers presiding. PRESENT: M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle and Mayor David A. Bowers 7. ABSENT: None-O. OFFICERS/CITY STAFF PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney;. Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk; and Sherman M. Stovall, Director, Office of Management and Budget. OTHERS PRESENT: David Carson, Chairman, Roanoke City School I Board; Dr. Rita Bishop, Superintendent, Roanoke City Public Schools; and Curt Baker, Deputy Superintendent, Roanoke City Public Schools. The City Manager stated that City staff would provide the Council with a high level view of the City's balancing challenges and a summary of areas for preliminary recommendations to close the $10.1 million gap; and since education is such an important issue, the School's financial team will present their budget balancing strategy during the meeting. He shared five guiding principles - maintain core services; avoid cuts that increase future liability; avoid tax increases; focus first on administrative and overhead expenses; and maintain local funding of education (no reduction based on contraction in local tax revenue and revenue sharing practice). In closing, Mr. Morrill further stated that the Administration's goal is to provide the Council with sufficient information through presentation, questions and further discussion so staff could understand Council's policy direction as the staff moved through budget finalization. I 263 I The Director of Finance and the Director of Management and Budget provided the Council with an overview of FY2010:-2011 budget development update. Revenue Trend: from growth to decline 270 260 lii 250 c ~ 240 i 230 .E ~ 220 210 200 FY06 FY07 FY08 FY09 FY10 Revised Feb FY11 Revised Mar FY06 - FY09 Audited CAFR FY10 & FY11 Revised Budget Estimates 6 I Changes to FY11 Revenue Projections February FY11 Revenue $247,351,000 Projection State Sales Tax - local 1 % (688,000) BPOL Tax 559,000 State Flexible Cuts (213,000) Compensation Board 213,000 0 Law Enforcement - 599 561,000 VJCCCA Programs (95,000) All other changes (47,000) March FY11 Revenue $247,641,000 Projection 7 I 264 Continued Uncertainty in Sales Tax I 10 5 ~ 0 Cl 16 -5 or: () -10 ~ ~ -15 -+- FY09 --- FY1 0 -20 -25 July June Sales Tax Variance FY Month vs Same Month Prior FY 8 FY 2011 Budget Balancing Status Projected Revenue $247,641,000 FY 2010 Adopted Budget $257,042,000 Additional Costs 703,100 Out of Ba.la.nce $10,104,100 I Includes maintaining funding to Roanoke City Public Schools at the FY 2010 adopted budget level - $903,814 above funding formula 9 I I Base For Expenditure Reductions Fixed Items - $157 Million .School Operating .Debt Service . Transfer to Capital Projects .Dedicated State Revenue 10 Sase for Reductions - $100 Million I $8 $7 $6 l/I $5 r:: ~ $4 ~ $3 $2 $1 $0 Reductions To Balance Budget FY 2007 FY 2008 FY2009 FY 2010 Eliminated 155 positions since FY 2007 11 I 265 266 Public Safety - 23.60/0 of budget I 12 Public Safety . Building Inspections-$741 ,219 . Crisis Intervention-$177,354 . E-911 $2,860,724 . Fire-EMS -$16,748,348 I Jail-$14,035,432 Outreach Detention-$220,654 . Police-$21,327,973 Youth Haven-$339,443 .Buildina Inspections - $57.334 . Adjust Building Inspector FTE staffing by one position and administrative overhead - $57,334 .Fire-EMS - $316.988 . Unfund a designated training position - $78,934 . Unfund EMS Battalion Chief position - $78,795 . Unfund Assistant Fire Marshall position - $53,259 . Staff the peak time (power unit) with full-time EMS staff rather than hourly EMS staff - $106,000 13 I I Public Safety (continued) .Police - $301.199 . Suspend Middle School Resource Officers - $223,830 . Adjust administrative support FTE staffing by two positions - $77 ,369 . Discontinue Crossing Guards but provide funding to Schools .Virginia Community Crime Control Act Program (VJCCCA) - $700.000 . Program includes Crisis Intervention, Electronic Monitoring, Outreach Detention, Youth Haven, Community Service, Substance Abuse Counseling . Fund program at required local minimum . Results in closure of Crisis Intervention and Youth Haven Health & Welfare - 15.40/0 of budget I I 267 14 15 268 . Human Service Agency - $430,582 . Human Service Support - $160,428 . Social Services - $25,142,618 . TAP - $151,799 I Health and Welfare . Comprehensive Services Act- $11,336,661 . Health Dept. - $1,555,041 . Blue Ridge Behavioral - $448,890 . Cooperative Extension - $0 .Social Services - $77.400 . Reduce administration operating funding - $77 ,400 . State reduction of 1 % - 5% . State share of reduction - $500,000 . Adjust FTE staffing by five positions, General Relief, Emergency Relief, and administrative overhead . Reduction in funding to outside agencies . Outlined in overview of funding recommendation to outside agencies 16 Public Works I . Engineering - $1,515,363 . Snow Removal - $110,280 . Environmental Mgmt. - $177 ,924 . Street Lighting - $955,989 . Facilities Buildings - $4,085,483 . Street Maintenance - $5,084,902 . Facilities Custodial- $752,818 . Traffic Engineering - $1,626,511 . Solid Waste - $6,346,788 . Public Works Admin. - $176,119 . Paving - $2,682,111 .Enaineerina - $144.924 . Adjust FTE staffing by 3 positions based on recent change in CIP .Facilities - Buildinas and Custodial - $521.206 .Adjust FTE staffing by three positions and administrative overhead - $88,090 . Reduce capital building maintenance - $433,116 18 I I Public Works .Solid Waste Manaaement - $159.057 . Collect bulk and brush on alternating weeks - $83,000 . Adjust administrative support FTE staffing by one position - $53,257 . Restructure collection schedule for Physically Challenged collection program - $22,800 .Street Pavina - $400.000 . Reduction based on declining State revenue .Street Maintenance - $110.717 . Street Sweeping - $30,717 . Change frequency in Central Business District from 4 to 3 days each week . Change frequency in residential areas from 3-4 to 2 times per year 19 Public Works (continued) I .Street Maintenance (continued) . Contract curb, gutter, sidewalk (concrete maintenance) - $50,000 . Discontinue holiday and special event decorations - $30,000 20 I 269 270 Parks, Recreation, Libraries, and Cultural 3.80/0 of budget I 21 Parks, Recreation, Libraries, Cultural . Roanoke Arts Commission - $258,926 . Libraries - $3,292,896 Parks/Rec Admin - $1,331,824 (Excludes funding to outside agencies) . Park Maintenance - $2,680,424 . School Playground Maintenance -$114,751 . Recreation and Youth Services- $1,526,754 I .Reduction in funding to outside agencies .Outlined in funding recommendation to outside agencies -Libraries- $249.870 .Close Law Library two days a week - $22,896 .Close Virginia Room one day a week - $56,383 .Close Main Branch on Sunday - $11,043 .Close Raleigh Court Branch one night a week - $3,848 .Reduce funding for collection materials, programs, technology replacement, and administrative overhead - $155,700 22 I I Parks, Recreation, Libraries, Cultural .Recreation - $205.250 .Plav Maaazine - $22.000 .Reduce volume of magazines distributed .Aquatics Proqram - $33.250 .Operate Washington Park and Fallon Park Pools three days a week .Proarams - $150,000 .Reduction focusing on adult and low participation program offerings 23 Judicial Administration - 3.1 % of budget I 24 I 271 272 Judicial Administration I . Circuit Court - $474,610 . J&D Court Clerk. $30,031 . Clerk of Circuit Court - $1,486,231 . Juvenile Court Svcs - . Commonwealth's Atty. - $1,713,229 $1,421,658 . General District Court Clerk. . Magistrate - $2,470 $32,627 . Sheriff - $2,168,912 .Circuit Court - $49,241 . Reduce number of Law Clerks from 3 to 2 .Commonwealth's Attornev - $65.378 . Eliminate hourly employee funding .Juvenile Court Services - $300.750 . Reduce funding for juvenile residential detention at RVDC from 24.5 to 20 beds per day based on current trend .Sheriff - $173.902 . Suspend Dare Program 25 Community Development - 2.70/0 of budget I 26 I I Community Development . Neighborhood Services (Code Enforcement) - $1,607,437 . Neighborhood Support - $107,437 . Planning - $915,729 . Memberships and Contributions - $1,345,351 . Citizens Service Center - $0 . Economic Dev. - $670,129 (Excludes funding to outside agencies and performance agreements) -Reduction in funding to outside agencies · Outlined in funding recommendation to outside agencies .Plannina - $585.646 . Adjust FTE staffing by two positions, hourly employee staffing, and administrative overhead - $256,918 . Use CDBG/HOME funds to cover a portion of eligible administrative expenses - $300,000 . Eliminate stipends to Planning Commission and Board of Zoning Appeals members - $28,728 Community Development (continued) I .Planning (continued) . Reduction in Neighborhood Grant funding - $10,000 . Eliminate hourly employee staffing of Citizen Service Desk - $24,929 . Use volunteers when available I 273 27 28 274 Debt Service, Cash Funded Capital, and Transfers to Other Funds - 10.80/0 I 29 Debt Service and Transfers To Other Funds . Debt Service and Cash Funded Capital- $22,887,952 . Civic Facilities - $2,018,100 . GRTC-$1,176,105 . Market Building - $94,500 . Grant Fund - $485,289 .Debt Service $1.700.000 . Initial planning had included additional debt service funding of $500,000 which is not needed . Based on recent revisions to timing of debt issuance, can reduce debt service funding $1,200,000 I .GRTC (Vallev Metro) . Revenue trending lower than anticipated based on ridership . Recommend implementing a "Student" fare of $1 . Reduce Star Trolley service by 5 hours per day . Operate 7 am to 9 am, 11 am to 2 pm, and 4 pm to 6 pm 30 I I General Government - 4.80/0 of budget General Government I Billings and Collections - $664,566 Board of Equalization - $11,540 City Attorney - $881,373 City Clerk. $492,649 City Council - $224,589 City Manager - $806,354 City Treasurer - $1,031,515 Commissioner of Revenue - $1,021,592 Electoral Board - $314,491 Employee Health - $594,511 .Human Resources. $86.637 . Suspend supervisory and leadership development, and other program activities - $46,000 . Adjust FTE staffing by one position - $40,637 Finance - $1,841,716 General Services - $194,551 Human Resources - $993,110 Management and Budget -$535,730 Management Services - $77,119 Municipal Auditing - $667,295 Office of Communications - $373,156 Purchasing - $372,936 Real Estate Valuation - $1,037,415 .Office of Communications - $104.054 . Stop publication of Citizen Magazine and Municipal Calendar . Use other media forms to communicate with citizens .Citv Treasurer. $12.907 . Unfund Treasurer Clerk position and reallocate half of funding for hourly employee 32 I 275 31 (' 276 Other Adjustments .Fundina to Outside Aaencies - $171.492 . With selected exceptions, reduce funding to outside agencies by 10% . Total funding provided - $4.9 million .Administrative Overhead - $382.338 . Reduction in training, administrative supplies, publications and subscriptions, and expendable equipment .Fleet Manaaement - $853.697 . Reduce vehicle replacement funding $1,153,697 . Increase vehicle maintenance - +$300,000 Other Adjustments . Technoloav - $689.362 . Adjust FTE staffing by two positions - $144,362 . Reduce capital funding - $510,000 . Reduce administrative overhead - $35,000 .M iscellaneous - $7.159 .Budget Contingencv - +$161.996 . I 33 I 34 I I Other Adjustments .Change in Regular Salary Base - $575,000 . FY 2010 Adopted Budget to current based on turnover .Reclassification Contingency - $150,000 . Reserved for position reclassification and market salary adjustments for selected classes of positions .Budget Balancing Contingency - $66,133 .Other Post Employment Benefits (OPE B) - $82,000 . Lower anticipated annual contribution .Airport Rescue Firefighting - $688,000 . Reduction of equal amount of revenue .Inflationary Costs - $115,355 . Inflationary costs lower than initially planned Position Adjustments I · 64 Positions eliminated/unfunded to balance the 2011 budget I 277 35 36 278 Retirement Incentive to Manage Position Eliminations I · To encourage retirement of eligible employees with early notification to the City · Not an early retirement incentive · $300 per year of full service · Maximum payout $9,000 · Retirement required as of July 1 st · Will result in FY10 cost Recommended Fee Adjustments Incremental revenue of $163,100 I Incremental Fee Current Proposed Revenue Jail Prisoner Care Fee $1.00 $3.00 $75,000 Per Day Per Day Parking Ticket Basic Fine $15 $20 $75,000 Parking Ticket Boot Removal Fee $0 $25 $2,000 Building Inspections - Elevator Certification $25 $45 ----- Semi- Annually Annually Building Inspections - Cross Connections $50 first $45 $3,400 time and Annually $35 renewal Building Inspections - Water/Sewer Affidavits $50 $45 $200 38 I I Recommended Fee Adjustments Incremental Fee Current Proposed Revenue Amusement Devices $500 Kiddie Ride $15 $25 Major Ride $25 $35 Spectacular Ride $45 $55 Coaster (exceeding 30 feet) --- $150 Fireworks PelTllit $45 $250 $1,000 Per Show Per Show Fireworks Retail Sales Permit $0 $250 $1,000 Assess $2 Court Cost Fee for Filed Civil Actions $0 $2 $5,000 (For Courthouse Maintenance Local Operating Funding - Education I Excludes City support of School capital projects I 279 39 40 280 The City of Roanoke has continued to support education as the Commonwealth has made cuts I $66 $64 $62 $60 rJl .2 $58 :E $56 $54 $52 $50 $48 1,900 1,800 1,700 1,600 1,500 1,400 1,300 1,200 Local funding to Schools has increased and will remain stable in the current economic climate FY06 FY 11 FY07 FY08 FY09 FY 10 Fiscal Year 41 Roanoke Funding per Capita 3rd Among First Cities I Hampton Portsmouth Newport News Richmond Norfolk Lynchburg FY09 Per Capita Funding of Education Source: FY09 Comparative Cost Report, Auditor of Public Accounts 42 I I Continued Support of Roanoke City Public Schools Scbool Funding: FY08 Final FY09 Adopted FY09 Filllll FYIO FYIO Feb FYI1 Marcb Adopted Revised Commitment F onnula Based $61,386,632 $62,847,461 61,945,506 $61,799,938 $59,489,018 $60,896,124 Funding Incremental $500,000 500,000 500,000 1,000,000 1,000,000 1,000,000 program Additional Funding - 60,913 1,047,523 1,047,523 1,951,337 Total Scbool $61,386,632 63,347,461 $62,506,419 $63,847,461 $61,536,541 $63,847,461 Funding Percentage increase 3.2% 1.8% 2,1% (1.6%) (decrease) From FY08 From FY08 From FY09 From FY09 From FYIO fmal final fmal final adopted 43 D i'JLI Developing the 2010-11 Budget Adopted Amendments to HB/SB 30 ROANOKE CITY PUBLIC SCHOOLS I 2009-1 0 2010-11 Budget HB/SB30 ($ MM) ($ MM) (ADM=12,29o) (ADM= 12, 000) 60.438 52.379 0.000 3.906 State VRS Rate 1\ Total 60.438 56.285 Change vs. 09-10 Budget (4.153) 44 I 281 282 II Developing the 2010-11 Budget I Shortfall is about $8 million * *' Estimate includes $3,9 million VRS fee structure benefit in 2010-11 2009-10 2010-11 Budget HB/SB30 ($ MM) ($ MM) (ADM=12,290) (ADM= 12, 000) HB/SB 30 60.438 56.285 4.379 2.500 11.500 10.667 63.847 63.847 4.069 2.869 144.233 136.168 (8.065) 45 ROANOKE CITY PUBLIC SCHOOLS State SFSF Sales Tax City Other Total Change vs. 09-10 Budget g falL1 Developing the 2010-11 Budget Cuts required to balance the budget total $8.8 million ROANOKE C11V PUBLIC SCHOOLS $MM I Revenue Shortfall 8.065 Critical Additions: Summer School 0.600 0.135 Crossing Guards Total Critical Additions: 0.735 Cuts Required to Balance Budget 8.800 46 I I ROANOKE CITY PUBLIC SCHOOLS Developing the 2010-11 Budget Cuts at $8.8 million shortfall 283 II ROANOKE CITY PUBLIC SCHOOLS $ MM Positions Cuts Required to Balance Budget Re-allocate Special Education spending 2.050 0 Staffing Reductions Toward soa Minimum 1.550 36 High School scheduling 1.250 22 Reduce Part-time work 1.000 0 Close Round Hill 0.600 8 Restructure NCTLA 0.500 5 Employee Retirement Incentive 0.500 0 Reduce Central Office Staff OAOO 13 Reduce Athletics spending 0.300 0 Reduce facilities maintenance 0.250 4 Reduce building secretarial positions 0.200 5 Close CITY School 0.150 1 Eliminate Chess Club 0.050 0 TOTAL CUTS 8.800 94 47 Developing the 201 0-11 Budget Add Backs with new local revenues I I $MM Restore K-8 Staffing Reductions From SOQ Minimum Restore key High School positions Reopen Round Hill DARE! SRO positions from City Restore critical part-time work Elementary Spanish at grades 4-6 Restore/fill key Central Office staff CTE positions CITY School! Senior Seminar Restore Athletics spending Restore facilities maintenance cuts Restore Chess Club 1.000 0.850 0.600 0.500 0.350 0.350 0.250 0.250 0.150 0.100 0.100 0.050 TOTAL 4.550 Positions 32 12 8 o o 5 6 6 1 o 1 o 71 48 284 20/0 Rate Increase in Prepared Food & Beverage Tax Yields $4.4M I Food & Beverage T ax Projection 11.8 11.6 ~ 11.4 Ul c g 11.2 :!i! c 11 ~ 10.8 10.6 10.4 FY08 FY09 FY10 FY11 FY08 and FY09 CAFR FY10 and FY11 Projections Computation of Revenue from 2% Increase in Prepared Food & Bev Tax FY11 Projected Revenue at 11,117,000 5% Rate 2% Rate Increase Generates 4,446,000 Allowance for lost revenue from tax increase (on incremental 2% of revenue only) 5.0% FY11 Projected Revenue at 7% Tax Rate 15,341,000 Impact of 2% 4,383,000 Impact of 1.5% $3,300,000 Impact of 1 % $2,200,000 49 Budget Schedule I · Wed 3/31 - Budget Forums - Roanoke Civic Center Exhibit Hall - 9:00 am & 6:30 pm · Mon 4/5 - Public Hearing on 20/0 Increase in Meals Tax - 2 pm · Mon 4/19 - Recommended Budget Presented to Council - 2 pm · Thur/Fri 5/6-7 - Budget Study · Mon 5/10 - FY11 Budget Adoption 52 (See copy of presentation on file in the City Clerk's Office.) At this point, Council Member Mason left the meeting (4:02 p.m.) Discussion was also held regarding the increase in the meal tax in order to provide additional funding to the Roanoke City Public Schools. I I I I 285 In conclusion, it was announced that on Wednesday, March 31, budget forums were scheduled to be held at the Roanoke Civic Center, Exhibit Hall, at 9:00 a.m. and 6:30 p.m.; a public hearing scheduled before the Council to , receive citizen comments on the two percent increase in meals tax on Monday, April 5 at 2:00 p.m., in the Council Chamber; the recommended budget to be presented to the Council on Monday, April 19 at 2:00 p.m., in the Council Chamber; budget study sessions on Thursday, May 6 and May 7 if necessary in the EOC Conference Room, Room 159; and adoption of the Fiscal Year 2011 Recommended Budget on Monday, May 10, 2010. There being no further business, the Mayor declared the recessed meeting adjourned at 4:28 p.m. APPROVED ATTEST: ~ On. ~O()tJ Stephanie M. Moon, CMC City Clerk gQ~ David A. Bowers Mayor 286 ROANOKE CITY COUNCIL-REGULAR SESSION 9:00 a.m. I April 5,2010 The Council of the City of Roanoke met in regular session on Monday, April 5, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, M. Rupert Cutler, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk; James Grigsby, Assistant City Manager for Operations; and Sherman M. Stovall, Director, Management and Budget. Mayor Bowers welcomed everyone to the meeting. COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I 287 Vice-Mayor Lea moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Rosen, Trinkle, Cutler and Mayor Bowers-G. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) COUNCIL: A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (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 Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Rosen, Trinkle, Cutler and Mayor Bowers-G. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) CITY PROPERTY-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in 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. Council Member Mason moved that Council concur in the request of the City Manager to convene in a Closed Meeting as abovedescribed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Mason, Rosen, Trinkle, Cutler and Mayor Bowers-G. NAYS: None-D. (Council Member Price was not present when the vote was recorded.) 288 CITY PROPERTY-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in 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. Vice-Mayor Lea moved that Council concur in the request of the City Manager to convene in a Closed Meeting as abovedescribed. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Lea, Mason, Rosen, Trinkle, Cutler and Mayor Bowers-6. NAYS: None-O. (Council Member- Price was not present when the vote was recorded.) CITY PROPERTY-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in 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. Council Member Cutler moved that Council concur in the request of the City Manager to convene in a Closed Meeting as abovedescribed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Rosen, Trinkle, Cutler and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) 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. At this point, Council Member Price entered the meeting (9:10 a.m.) I I I I I I 289 BRIEFINGS: GRTC Board Composition: The Assistant City Manager for Operations presented the following proposal for the structure of the GRTC Board and responded to Council Members' questions: Valley Metro Players Proposed Board Organizational Structure Pros Cons Time Frame (For full text, see copy of proposal on file in the City Clerk's Office.) In summary, Council Member Cutler was supportive of a four-year term limit for appointments of non-representatives; and Roanoke County should become a member of the Board. Council Member Mason suggested solicitation for appointees for the Citizen at Large (business leaders/bankers). The Mayor was not in favor of losing majority control. Vice-Mayor Lea agreed with the Mayor stating that the City should maintain viable oversight. Council Member Price remarked that representatives should be able to relate to community problems as well as educate public. Hershberqer Road Pedestrian and Landscape Improvement Proiects: Karl Kleinhenz, Civil Engineer I, Engineering Division, briefed the Council on improvements to the Hershberger Road corridor between Rutgers Street and Ordway Drive by powerpoint. He stated that the improvements were being done in coordination with federal and state agencies with the City responsible for two percent of the cost of the improvements, and federal and VDOT funds supplying the remainder. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 290 Hershberger Road Pedestrian and ~ Landscape Improvement Project ~ I o Original agreement with VeOT signed January 2008 o Estimated $2 Million o veor 6 year Improvement Program' funds 2005 allocation o 800/0 Federal Funds o 180/0 State Funds o 20/0 Local Funds o Primary purpose is pedestrian safety Hershberger Road Pedestrian ~ and Landscape Improvement Project __ I Divided into two Phases o Phase I - Landscape Improvements due to planting season o Phase II - Pedestrian Improvements - primary purpose for this project I 291 I Phase I - Landscape Improvements ~ ~. .;~...,~ ~.~,. ~.::::-f~{"/."'''' - ", " "', "" ~ . '. I l! F ~ Phase I - Landscape Improvements 1 Trees in median and both sides of road from Ordway Drive to Grandview Avenue Yoshino Cherry Green Vase Zelkova Red Maple Crape Myrtle Redbud . ". I .' ,/ " I , I i I 292 I Phase I - Landscape Improvements Ii:IJ Reforestation of 1-581 ramp areas Hardwood reforestation mix Low maintenance I Phase I - Landscape Improvements ~ Ornamental groupings in Valley View/Aviation Drive ramp areas Gateway from airport to City Blue Spruce Hawthorne I 293 I Phase I - Schedule Milestones ~ o Contract amount $575,306 ( $11,506 City match) o RSG Landscaping (local office Wise Ave, SE) o Notice to Proceed March 8 o Scheduled completion mid June (120 day contract) I Phase II - Pedestrian Improvements ~ I 0 Approximately $1 Million o Pedestrian/Bike Connection between Cove Road and Rutgers Street o 1 mile of new sidewalk on each side of Hershberger Road o Construction anticipated to begin Summer 2010 I 294 Phase II - Pedestrian Improvements ~ Evidence of pedestrian/bike use Currently not ADA accessible I I Phase II - Pedestrian Improvements ~ North Side o 5 foot sidewalk o 2 foot utility strip South Side o Majority 7 foot sidewalk against curb o Restricted by: Guardrail, topography, property lines o Consistent with Complete the Streets policy o Receives heavy pedestrian traffic Pedestrian Enhancements o 37 ADA Ramps Q Improvements at Cove Road and Grandview Avenue I 295 I Phase I I - Pedestrian Improvements ~ ~... ....-.-, " I I - ~' " ,I' , .' \, fi, , i.' '--I ~.. !~4N: on fr<;'''I~tI, - -- :.- I-~="-:-":' -~ ROANOK" =_.:.:-- I JI " .> I Phase II - Pedestrian Improvements ~ I S' II W_ Bound Lane SJ_JIl 1/1_ I Medlen I E88l Bound Lono I r I Sldorwelk HERSHBERGER ROAD TYPICAL SECnON I I I L_u 296 Other sidewalk projects ~ · Safe Routes to School: Addison; under construction, 1000k federal SRTS grant funded <9 Safe Routes to School: Preston Park; in design, 1000/0 federal SRTS grant funded @ Phase 16 Citywide Curb & Sidewalk; under construction, 1000/0 City Curb & Sidewalk fund III 6th Street Streetscape; under construction, CIP funds ~ Rehabilitation and Conservation Districts New Concrete Curb, Entrances & Sidewalks; under construction, 1000/0 ARRA Stimulus funds (For full text, see copy of powerpoint presentation on file in the City Clerk's Office.) Council Member Cutler inquired about the Safe Routes to School project at Addison Middle School. The City Engineer pointed out that the project includes sidewalks from Lincoln Terrace Elementary School to the Lick Run Greenway which will allow public access. Geoqraphic Policinq: Lieutenant Sam Roman, Zone 2 Commander and Lieutenant Danny Brabham, CIB Commander, Police Department, presented the following information about zone areas, crime statistics and analysis for different types of crime, and explained how the department uses the data to create strategies to address and curb crime in the City. In addition, information was shared about the Safer City of Roanoke Campaign, and the success of the Department's Business Academy and seminars which educate local business owners on how to prevent and respond to crimes that could occur in their places of business. I I I 297 ~@@~ u~mm@ ~@~~@~[ffi~ J(Y]~w @l! D)~ 0 1Mu@ ~@OO@@ [Q)(~~~@{fi)~ rmill@gJ~c9] ~~~ UO~ ~~~ \YAYlOffiu @@(QxgJr~~[@ ~@~O@]mYgJo o Irnu@ (Q@[fi)@@~ @(( ~@@~ UOUlfi)@ ~@]~[fi)~ ~@ ~@ _@[J ~ @mX9J (P)[{@~[J@ ~~ @~ [flfi)@~ ~ ~~ \IDUlfi)@v jg@@~ c9]@JIk @[fi)c9] ~Gi1[@, ~@ @(( @~@ @Jfrnru@;@ l@[J c9]o~~ ~ @[fi)c9] ~OO O[fi)~@@o Refer 10 Geographic Policing Initiative brochure. ~@[ffi@ 1] ~QD~~~~ &ITD~~W~D~ o ~#wr@~~~~~~: ~~ O[ji)~ ~ 00i:@ [(i]i@Jj)h @f ~ ~ ~~ <<~~ &lJiXQ) ~~ ~~ ~ ~>> o Thlls @]ffi ~ ~ ~ ~ @fi)l& ~~<r4 @1m ~ ffiu~~ llimJ~ ~[[@ ~ @If' ~ ~M ~ 00i@ 00rut@ @f 00r@ ~~o o Th~ oUiXQ]~ 00i@ ~ ~ tmi) &:4J~~O ~~~ \@ [J@Jijj)lln@] ~ ~ ~[ji) ~ ffit@W @ll@ ~ l@[r ,~ @ (ffii)firullilt@!D \) OOr@w ~@Xill[kQ] ~ 00i:@ lID(ffii)@ \@ ~[[@ 00i@[r ~o 298 I Legend Hot Spot of Z009 Concontrotlon or Incldonts _V~t,'Hijh _Higrl _t.bdelilE CJLD'''' ON,,,. 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Locked 2009 .. m 2008 > o 10 20 30 40 50 Number of Incidents I 299 I I I 300 I PROPERTY TARGETED MOST BY OFFENDERS I · RadioslT elevisionsNCRs/DVDs (most common) · Computer Hardware and/or Software · Money and Credit/Debit Cards · Jewelry - The Roanoke Police Department currently subscribes to LeadsOnline I ,~ 30l ~ lJ(]UYAJ~ @~ [Q)&W ~[Q) [Q)&W @~ ~~~ o ~~~D [F~~ @mXQ] ~M[fi)@]@~ ~ l@ @Q)[fi)m~ ~ ~ @]@~ ~ 00u~ ~@@@ @[f@ [f@~@[ffi@(Q] l@ ~O@@ o 1JThl~ ~@](;@ ~@ O[fi)@]~@[fi) ~ ~ [QxyJ~[@m@ UiJi)@W ~ @XQ@M~ IDTI@ ~m@ [fi)~[ffi&@@m& !M)@[ftji)O!IT@ ~~ =~ OO@ ~ @l1~~1J ~[Ji) m~@};) ~ ~~o@~rn~t@~~~ ~[M)@ ~\m ~@i)@]1J ~ [Ji)~ \m [Ji)~ @f' ~ lilil@IfUi)~~ ~o @~@IJI][f{A]~~ [ID~@~[Q) ~~[P@~~[MJ~~ ~@lf1]@~@ 9. 00il~~~ffil@~@(f~~~ ~m~~~Olru~~@1~ ~@fi) OOix;J~_~~o o ~@Ml~dO~OOl@l[J~~~ ~~~-~ o ~~@_~~~~ ~~1@~@f~ o ~~\VAYA1m[Qx;}~~~~ ~lr@IDJU1@~~~~~ ~~~~~~~~>> o 0 ~~~~~~~~~ ~~{@~~@f~~@f ~_~~~OO~ 302 I I I 303 I I I \/ideo Capture Si::l!;'; 3!52x :/40 pixel~ "'~d"'o Fl'dmQ lim~: YJ1U/2DOQ 2:38:06 Ptv' iEastErn Dal/II Clht Time) lI*e-di.. Inpui ~~.ml;l; 0:8. McDonOlld... - DVR Locotion: S,ORE02312DVROOIJS DVR S.rial#-. KBMNj614-{210B DVR SlaUon 10; 0 304 I I I I I I 305 (For full text, see copy of powerpoint presentation on file in the City Clerk's Office.) The Council expressed appreciation for the presentation. FISCAL YEAR 2010-2011 Budaet Development Update Follow-Up The City Manager and Director of Management and Budget shared additional information as a followup from the recessed meeting on Monday, March 29 in connection with the Financial Planning Session. (For full text, see copy of presentation on file in the City Clerk's Office.) Following discussion, the Council requested additional information in connection with the following items associated with the FY2011 Recommended Budget Law Library Holiday Decorations Fee Adjustments Membership Dues - Virginia First Cities and Virginia Municipal League Parking Fines Department Accreditation Positions Eliminated/Unfunded (See copy of communication under date of April 15, 2010 from the City Manager in response to follow-up.) At 12:23 p.m., the Mayor declared the Council meeting in recess 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 Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. 306 OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. OTHERS PRESENT: Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by The Reverend Kirk A. Ballin. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-TOURISM: The Mayor recognized visitors on fellowship with the Middle Eastern-North American Alliance through the Marshall Roanoke program accompanied by former Mayor C. Nelson Harris. ACTS OF ACKNOWLEDGEMENT-BUDGET: The Mayor presented the Government Finance Officers Distinguished Budget Presentation Award to Sherman M. Stovall, Director of Management and Budget, and staff. 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 I to the City Manager will be referred immediately for response, recommendation or report to Council. RECREATION-YOUTH: George Riles appeared before Council and spoke about the ICAA membership in Region I. Council Member Price requested that the Administration provide a follow-up on the year's progressive. BUDGET: Robert Gravely appeared before Council and expressed concern about the fiscal condition of the City of Roanoke. PARKS: Chris Craft appeared before Council and ~poke about miscellaneous matters and East Gate Park. MISCELLANEOUS: Manley Butler appeared. before Council and spoke about miscellaneous matters. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. I I I I 307 MINUTES: Minutes of the regular meeting of Council held on Monday, January 4, 2010, were before the body. . (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 Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-PURCHASE/SALE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property to John C. Anstey, President, Anstey Hodge Advertising Group, 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 Lea and adopted by the following vote. AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O: CITY MARKET-CITY PROPERTY-LEASE: A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the renewal for lease of space in the City Market Building for the operation of Gone CoCo, LLC, on a month to month basis, not to exceed 12 mo~ths, was before the body. (See communication on file in the City Clerk's Office.) 308 Council Member Mason moved that Council concur in the request of the City I Manager. The motion was seconded by Vice-Mayor Lea and adopted by the following vote. AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. COMMITTEES-NEIGHBORHOODS-OATHS OF OFFICE: A communication from the City Clerk advising of the resignation of Valerie A. Garner as a member of the Roanoke Neighborhood Advocates, effective immediately was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. I MINUTES: Minutes of the Audit Committee held on Monday, December 21, 2009, were before the Council. (See Minutes on file in the City Clerk's Office.) Council Member Mason moved that the minutes of the Audit Committee be received and filed. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. I I I I 309 OATHS OF OFFICE-HOTEL ROANOKE CONFERENCE CENTER COMMISSION-FAIR HOUSING BOARD-YOUTH SERVICES CITIZEN BOARD- ROANOKE REGIONAL AIRPORT-ROANOKE VALLEY JUVENILE DETENTION CENTER COMMISSION: Reports of qualification of the following individuals were before the Council. Christopher P. Morrill as a Commissioner of The Hotel Roanoke Conference Center Commission for a term of office commencing March 15,2010 and ending April 12, 2012; Valerie N. Hale as a member of the Fair Housing Board for a three-year term of office. ending March 31,2013; John E. Dooley as a member of the Roanoke Regional Airport Commission for a four-year-term of office ending March 9, 2014; and James O'Hare as a City representative (Alternate Member) to the Roanoke Valley Juvenile Detention Center Commission for a term of office . ending June 30, 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 Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: CITY CODE-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for April 5, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the issue of amending Section 32-284, Code of the City of Roanoke (1979), as amended, increasing the City's tax on prepared food and beverages ("meals tax") rate from five percent to seven percent for the period of July 1, 2010 until June 30, 2012, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 26, 2010. (See publisher's affidavit on file in the City Clerk's Office.) 310 Council Member Mason offered the following ordinance: (#38758-040510) AN ORDINANCE amending 932-284, Lew of tax: amount, Article XIV, Tax on Prepared Food and Beveraae, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from five percent (5%) to seven percent (7%) for two years, 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; 74, page 101.) Council Member Mason moved the adoption of Ordinance No. 38758-040510. The motion was seconded by Vice-Mayor Lea. The Mayor inquired if there were persons present who wished to. speak in connection with the matter. SCHOOLS-TAXES: Thomas Becher, representative of the Roanoke Valley Hospitality Association, appeared before the Council in opposition of an increase in meal tax, but was in support of education, advising that the Association will provide six $1,000.00 scholarships to area high school students who are graduating and pursuing a career in hospitality and tourism management. (See copy of comments on file in the City Clerk's Office.) TAXES-SCHOOLS: Matt Bullington, representing Texas Tavern, appeared before the Council in opposition of proposed meal tax increase. TAXES-SCHOOLS: Samuel Davis appeared before the Council in support of , proposed meal tax increase if consideration would be given to a tax increase on malt liquor. TAXES-SCHOOLS: LaTasha Suggs, Co-Chair, Roanoke Education Association, appeared before the Council in support of proposed meal tax increase for schools. TAXES-SCHOOLS: Chris Craft appeared before the Council in support of proposed meal tax increase for approximately two years, and urged the Council to also seek other options to fund education. TAXES-SCHOOLS: Michael Jirousek appeared before the Council in opposition of proposed meal tax increase, stating that the tax unfairly targets one industry. I I I I I I 311 TAXES-SCHOOLS: Tommy Jordan appeared before the Council in support of proposed meal tax increase and encouraged the Council to remember sunset clause. TAXES-SCHOOLS: Kerry McGraw appeared before the Council in support of proposed meal tax increase and submitted petitions signed by' citizens pledging to support businesses for support of the proposed increase in meal tax. (See copies of petitions on file in the City Clerk's Office.) TAXES-SCHOOLS: Ray Snow appeared before the Council and urged the Council to give thought to creative spending ideas to support education. TAXES-SCHOOLS: Barkley Thompson appeared before the Council in support of proposed meal tax increase. TAXES-SCHOOLS: Mike Flanary appeared before the Council in opposition of proposed meal tax increase. TAXES-SCHOOLS: Alan Gleiner appeared before the Council in support of proposed meal tax increase. There being no additional speakers, the Mayor declared the public hearing closed. Vice-Mayor Lea expressed appreciation to Council Members Rosen and Trinkle for their commitment to the school system by suggesting the proposed increase in the meal tax. Council Member Trinkle concurred in the sentiments of Vice-Mayor Lea, adding that as an owner of two restaurants in the City, he too did not like to see a tax burden put on one industry for one cause and he would like to see a broader approach. He further advised that after considering all of the factors, he was in support of the meals tax; however, he was concerned whether the two percent increase in the meal tax was the right amount and if it should be for only two years. Council Member Rosen pointed out that with regard to the State of Virginia, local government were very limited in the areas whereby they may raise taxes, adding that a meal tax was a discretionary tax that would help fill an immediate need and the meal tax would help give the City some breathing room while the Council figure out ways to cut spending. He urged his colleagues to support the tax in order to help the long-term future of the Schools and the City. 312 Council Member Price noted for the record that Reverend Edward Mitchell, I President of the SCLC, stated that the Board met and voted to support the two percent meal tax with the two year sunset clause. Mayor Bowers acknowledged all of the emails, telephone calls and personal contacts received regarding the proposed increase in the meal tax. There being no further questions and/or comments by the Council Members, Ordinance No. 38758-040510 was adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. CITY MARKET-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 5, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 680 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square to C. Roger Lamm, III, d/b/a Big Lick Pizza Co., to be used as a restaurant establishment, on a month to month basis beginning April 1, 2010, such terms not to exceed one year, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 26, 2010. I (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a new lease agreement with C. Roger Lamm, III, d/b/a Big Lick Pizza Co., located at 32 Market Square, on a month to month basis not to exceed twelve months, retroactively commencing April 1, 2010, subject to approval as to form by the City Attorney. Council Member Cutler offered the following ordinance: (#38759-040510) AN ORDINANCE authorizing the City Manager to execute a lease agreement with C. Roger Lamm III, d/b/a Big Lick Pizza Co., for approximately 680 square feet of space in the City Market Building for a month-to-month term, effective April 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 102.) I I I I 313 Council Member Cutler moved. the adoption of Ordinance No. 38759-040510. The motion was seconded by Council Member Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38759-040510 was adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. DECEASED PERSONS-CITIZEN OF THE YEAR-NEIGHBORHOOD ORGANIZATIONS: The Mayor announced the passing of Florine L. Thornhill, 1960 Citizen of the Year; and former president of the Northwest Neighborhood Environmental Organization, Inc. PETITIONS AND COMMUNICATIONS: BUDGET ROANOKE VALLEY RESOURCES AUTHORITY: Daniel D. Miles, Chief Executive Officer, of the Roanoke Valley Resource Authority appeared before Council and presented its proposed 2010-2011 Annual Budget. (See copy of Annual Budget of the Roanoke Valley Resource Authority for Fiscal Year 2010-2011 on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38760-040510) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2010-2011, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 103.) Council Member Cutler moved the adoption of Resolution No. 38760-040510. The motion was seconded by Council Member Trinkle. 314 Council Member Cutler inquired if there was any pro~pect of capturing and using I the methane gas that is generated from the decomposition of waste at the landfill as an energy source. Mr. Miles answered that the Board had approved solicitation for bids, with construction commencing during the summer months. Mr. Miles explained why the City does not have valley-wide recycling and how the City's new contract with RDS would impact how much is spent by the City. He gave background information on the history of the Resource Authority noting that recycling was explicitly excluded from the responsibility of the Resource Authority and was actually written into the Authority's Charter that no recycling services be provided. Mr. Miles further advised that if the Resource Authority was to provide recycling from the regional perspective, it would be necessary to revise the Charter. He said that the authority has been tasked with the disposal of solid waste in the most environmentally-friendly and most economically-friendly manner. He explained that the board has recently been looking into the recycling area but until their current bond debt is retired in 2013, it could pose some problems for their Master Indenture of Trust by assuming additional debt that would be almost necessary to assume a regional recycling operation. Mr. Miles also stated that glass has historically been hard to dispose of and the cost to transport to the nearest processor has not been cost effective, and the new RDS I contract would offer a new service. Mayor Bowers asked if the Resource Authority Charter referred to be Mr. Miles was granted by the General Assembly of Virginia; whereupon, Mr. Miles answered in the affirmative, along with the By-laws under the Members Use Agreement. Council Member Cutler asked if the Charter could be amended, and if so by whom; whereupon, Mr. Miles acknowledged that the Board would need to approve the change and thereafter, would have to be considered by the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke and the Town of Vinton. I There being no additional comments and/or questions by the Council Members, Resolution No. 38760-040510 was adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and Mayor Bowers-7. NAYS: None-O. I I I I 315 BUDGET-ROANOKE REGIONAL AIRPORT COMMISSION: Dan Neel, Director of Finance and Administration, Roanoke Regional Airport, appeared before Council and presented its proposed 2010-2011 Operating Budget and Proposed Capital Expenditures. (See copy of Roanoke Regional Airport Commission Fiscal Year 2010-2011 Budget and Proposed Capital Expenditures on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38761-040510) A RESOLUTION approving the Roanoke Regional Airport Commission's 2010-2011 proposed operating and capital budget upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 103.) Council Member Mason moved the adoption of Resolution No. 38761-040510. The motion was seconded by Council Member Trinkle. Council Member Cutler asked about the brush that was cut down along 1-581; whereupon, Mr. Neil said that it was a requirement of the FAA, that the vegetation had been planted to prevent soil erosion. Council Member Cutler asked if it had anything to do with potential bird strikes; whereupon, Mr. Neil thought it was just a requirement from the FAA that applied to areas at the end of the runways. Council Member Cutler remarked that if the area were to be re-vegetated, he would prefer species that are native to the area. There being no additional comments and/or questions by the Council Members, Resolution No. 38761-040510 was adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle., Cutler, and Mayor Bowers-7. NAYS: None-O. REPORTS OF CITY OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 316 ITEMS RECOMMENDED FOR ACTION: I CITY CODE-PARKS: The City Manager submitted a written communication recommending amendment of the City Code to add Reserve Avenue Park to the list of "designated park facilities" where alcoholic beverages may be possessed and consumed. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#38762-040510) AN ORDINANCE amending and reordaining Section 24-97, Possession or consumption of alcoholic beveraaes, of Chapter 24, Public Buildinas, 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. 74, page 104.) Council Member Trinkle moved the adoption of Ordinance No. 38762-040510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, and I Mayor Bowers-6. NAYS: Vice-Mayor Lea-1. BRIDGES-EASEMENTS-WATER-GREENWAYS: The City Manager submitted a written communication recommending acceptance of a proposed deed of easement from the Western Virginia Water Authority and Norsal, LLC, for land acquisition in connection with the Roanoke River Greenway-Tinker Creek Pedestrian Bridge Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance: (#38763-040510) AN ORDINANCE authorizing and providing for the City's acquisition of certain property interests needed to link the existing Roanoke River Greenway from its current terminus near 13th Street to the end of the Tinker Creek Greenway near Kenwood Boulevard, 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. 74, page 105.) I 317 I Council Member Cutler moved the adoption of Ordinance No. 38763-040510. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: . Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and Mayor Bowers-7. NAYS: None-O. GRANTS-POLICE: The City Manager submitted a written communication recommending acceptance of a State Homeland Security Program Grant from the 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: (#38764-040510) A RESOLUTION authorizing acceptance of the donation of a vehicle and equipment awarded to the Roanoke City Police Department by the Virginia Department of Criminal Justice Services, and authorizing execution of any and all necessary documents to accept the donation. I (For full text of resolution, see Resolution Book No. 74, page 107.) Council Member Mason moved the adoption of Resolution No. 38764-040510. The motion was seconded by Vice-Mayor Lea and adopted 'by the following vote: \ AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following budget ordinance: I (#38765-040510) AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 107.) I 318 Council Member Mason moved the adoption of Budget Ordinance No. 38765- I 040510. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. BRIDGES: The City Manager submitted a written communication recommending a transfer of funds in connection with the reconstruction of Crestmoor Drive over Barnhart Branch Bridge. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following budget ordinance: (#38766-040510) AN ORDINANCE to transfer funding from the Rose Avenue/Garnand Branch Bridge Renovation project to the Crestmoor Drive/Barnhart Branch Bridge Renovation project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 108.) I Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38766-040510. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY THE CITY MANAGER: CITY EMPLOYEES-PARKS: The City Manager invited the Council and citizens to attend a special fundraiser for the Mill Mountain Toll Booth on Tuesday, April 6. He also announced that Ken Cronin, Director of General Services and Sustainability, and Council Member Gwen Mason were recognized for their environmental efforts in the current issue of City Magazine. I I I I 319 DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of February 2010. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by the Council, Mayor Bowers advised that the Financial Report would be received and filed. TAXES: The Director of Finance submitted a written report recommending adoption of the 2010 Tax Year Personal Property Tax Relief Percentage. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38767-040510) A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2010 tax year. (For full text of resolution, see Resolution Book No. 74, page 109.) Council Member Mason moved the adoption of Resolution No. 38767-040510. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler and Mayor Bowers-7. NAYS: None-O. BONDS-BUDGET: The Director of Finance submitted a written communication recommending allocation of bond proceeds from the sale of General Obligation Public Improvement Bonds Series 201 OA and Series 201 OB. (For full text, see communication on file in the City Clerk's Office.) 320 Vice-Mayor Lea offered the following budget ordinance: (#38768-040510) AN ORDINANCE to appropriate funding from Series 2010A and Series 2010B General Obligation Bonds to the Market Garage project and the Roanoke River Flood Reduction project respectively, amending and reordaining certain sections of the 2009-2010 Parking 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. 74, page 110.) Vice-Mayor Lea moved the adoption of Budget Ordinance No. 38768-040510. The motion was seconded by Council Member Rosen and adopted by the following vote: ~ AYES: Council Members Lea, Mason, Price, Rosen, Trinkle, Cutler, and Mayor Bowers-7. NAYS: None-O. CITY EMPLOYEES: The Director of Finance submitted a written report recommending. consideration of a proposed retirement incentive option for city employees. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38769-040510) AN ORDINANCE approving and adopting a Retirement Incentive Option for City employees eligible for retirement; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 111.) Council Member Mason moved the adoption of Ordinance No. 38769-040510. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Lea, Mason, Price, Rosen, Trinkle and Mayor Bowers-6. NAYS: None-O. (Council Member Cutler abstained from voting.) I I I I I I 321 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: ART: Council Member Cutler called attention to the American Art Review Magazine, pages 9-107, which include a report on the Taubman Museum of Art and recognize 20 of the best paintings, reproductions and photos in the Museum. He further emphasized that this national recognition is a very positive thing for the art museum and the City. At 4:29 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 5:30 p.m., Council Members Mason and Trinkle left during the Closed Meeting. At 6:12 p.m., the Council reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Members Mason and Trinkle. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Price moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter 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 Rosen and adopted by the following votes: FOR CLOSED MEETINGS REGARDING VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES; AND DISPOSITION OF CITY-OWNED PROPERTY: Council Members Lea, Price, Rosen, Cutler, and Mayor Bowers-5. (Council Members Mason and Trinkle were absent.) 322 FOR CLOSED MEETINGS REGARDING DISPOSITION OF CITY-OWNED PROPERTIES: Council Members Price, Rosen, Cutler and Vice-Mayor Lea-4. I (Mayor Bowers abstained from voting; and Council Members Mason and Trinkle were absent.) OATHS OF OFFICE-FIFTH PLANNING COMMISSION: The Mayor called attention to a vacancy created by the resignation of Darlene L. Burcham as. a non- elected representative to the Roanoke Valley-Alleghany Regional Commission for a term of office ending June 30, 2012. The name of Christopher P. Morrill was placed in nomination. There being no further nominations, Mr. Morrill was appointed to fill the unexpired term of office of Darlene L. Burcham, resigned, as a non-elected representative to the Roanoke Valley-Alleghany Regional Commission ending June 30, 2012. FOR MR. MORRILL: Council Members Cutler, Lea, Price, Trinkle and Bowers-5. SCHOOLS: Council elected to accord interviews on Monday, April 19 commencing at 4:00 p.m., in the Council Chamber, to the following candidates for consideration of the upcoming two vacancies as School Board Trustees ending June 30, 2010: The Reverend James P Beatty, Chris H. Craft, John Elliott Jr., Joelle I Miller, Annette Lewis, Suzanne P. Moore and Brenda I. Tatum. The City Clerk was instructed to publish a notice for a public hearing to be held on Monday, April 19 at 7:00 p.m., or as soon as the matter may be heard, to receive views of citizens regarding appointments to fill two upcoming vacancies on the Roanoke City School Board. VIRGINIA MUNICIPAL LEAGUE-COMMITTEES-COUNCIL: The following appointments were made to the VML 2010 Policy Committees: Council Member Gwendolyn W. Mason - Community and Economic Development until July 1, 2010 Council Member M. Rupert Cutler - Environmental Quality until July 1, 2010 Ann H. Shawver, Director of Finance - Finance William M. Hackworth, City Attorney - General Laws Council Members Anita J. Price and Court G. Rosen - Human Development and Education Council Member David B. Trinkle - Transportation I I I I 323 There being no further business, Mayor Bowers declared the meeting adjourned at 6:14 p.m. APPROVED ATTEST: :-rn. fY]O~ Stephanie M. Moon, CMC City Clerk 324 ROANOKE CITY COUNCIL-REGULAR SESSION April 19, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, April 19, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, Citv 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. 38502-070609 adopted by the Council on Monday, July 6,2009. PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. I OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk.. The Invocation was delivered by The Reverend Don E. Eshelman, Pastor, Patterson Memorial Grace Brethren Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ANNOUNCEMENTS: The Mayor announced that the public hearing on the proposed fiscal year 2010- 2011 Budget and HUD funding had been rescheduled for Monday, May 3 at 6:00 p.m., in the Council Chamber. PRESENTATIONS AND ACKNOWLEDGMENTS: At this point, Council Member Price entered the meeting (2:05 p.m.) I I I I 325 COMMUNICA TIONS-RADIO-PROCLAMA TIONS: The Mayor presented a Proclamation declaring Thursday, April 1, 2010, as Bob Lee and Dan Smith Day. Ceremonial copies were presented to Messrs. Lee and Smith. (See ceremonial copy of proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. BUDGET: Robert Gravely appeared before the Council and spoke about budget funding. ZONING: Chris Craft appeared and spoke before the Council regarding zoning regulations. BUDGET: Dick Kepley appeared before the Council to express concern about the reduction in funding for the Crisis Intervention Center (Sanctuary). (See copy of communication 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. The Mayor called attention to three Closed Meeting requests - the City Attorney, the City Manager and the Mayor. MINUTES: Minutes of the regular meeting of Council held on Tuesday, January 19, 2010, were before the body. (See Minutes on file in the City Clerk's Office.) 326 Vice-Mayor Lea moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Mason and adopted by the_ following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-O. CITY COUNCIL-COMMITTEES: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended, was before the body. (See'communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the Mayor to convene in a Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Bowers-7. NAYS: None-O. SALE/PURCHASE OF PROPERTY: A communication from the City Manager 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.) Vice-Mayor Lea moved that Council concur in the request of the City Manager to convene in a Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Bowers-7. NAYS: None-O. I I I I I I 327 CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a legal matter requiring the advice of counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Lea moved that Council concur in the request of the City Attorney to convene in a Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: CABLE TELEVISION-BUDGET: Council Member David B. Trinkle, the City's representative to the Roanoke Valley Regional Cable Television Committee, transmitted the RVTV Fiscal Year 2010-2011 budget. (For full text, see documents on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38770-041910) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2010-2011 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of resolution, see Resolution Book No. 74, page 112.) Council Member Trinkle moved the adoption of Resolution No. 38770-041910. The motion was seconded by Council Member Rosen. 328 Discussion was held with regard to televising the 9:00 a.m. informal sessions of Council. It was stated that the necessary equipment was non-existent in the Emergency Operations Conference Center Room where the monthly informal sessions were held; however, the RVTV could accommodate the meetings if they were moved to the Council Chamber. There being no further discussion, Resolution No. 38770-041910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowes-7. NAYS: None-D. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: I BUDGET: Sherman M. Stovall, Director of Management and Budget, and the Director of Finance shared details highlighting the Recommended 2010-2011 Fiscal I Year budget, as follows: Guidina Principles . Maintain core services . Avoid reductions that increase future liability . Avoid tax increase . Focus first on administrative and overhead expenses . Maintain local funding of education o No reduction based on contraction in local tax revenue and revenue sharing practice FY2010-2011 Budaet . Recommended budget is balanced . Budget Totals - $253,461,000.00 o Decrease of $3,581 ,000.00 or 1.4 percent o Includes two percent in prepared food and beverage tax and adjustment in a few rates and fees. I 329 I General Fund Revenue Summary Projected Revenue Growth (Decline) - FY2011 Recommended Revenue Estimates Compared to FY10 Adopted Estimates Projected State Revenue Decline - FY2011 Recommended Revenue Estimates Compared to FY10 Adopted Estimates Recommended Fee Adjustments Additional Fundino to Schools . $135,000.00 will be reallocated from the Police Department to Schools for Crossing Guards Budoet Savinos - $1.7 Million . Achieved savings of $1.7 million due to: o Change in pay base due to retirement and turnover o Reduction in health insurance costs o Economic Development performance agreements I Other Reauired Costs - $1.3 Million . Funding of $1.3 million provided to address cost increase o Utilities (Electric and Water/Sewer) o Full-Year Cost of City Share - Health Department Civic Mall Rent o Maintenance of Vehicles o Technology Maintenance o Retirement Contribution Rate - City and Virginia Retirement System I Reductions to Balance Budoet - $9 Million . Program Reductions Include: o Street Paving · Based on reduction in State funding o Collect Bulk/Brush on Alternating Weeks · Bulk one week and Brush next week o Frequency of Street Cleaning o Operating Hours Law Library · Full Day on Monday · Half-Day Tuesday - Friday o Close Virginia Room one day a week o Close Raleigh Court Branch one night a week o Close Main Library Branch on Sunday o Library collection materials, programs, technology replacement 330 o Washington Park and Fallon Park Pool operating hours · Each facility open three days a week o Parks and Recreation Programs o Closure of Crisis Intervention Center · Reduction in State funding · Providing local match funding at $350,000.00 above State required level o Citizen Magazine and Municipal Calendar o Support Outside Agencies o Civic Center Subsidy . General reductions include: o Equipment replacement and capital maintenance funding · Fleet replacement · Technology · Capital Building Maintenance o Debt Service o Administrative Overhead · Training and Development, supplies, publications/ subscriptions, and expendable equipment o Suspend employee leadership training o Eliminate/unfund 51 positions I Continued Budoet Uncertainty - $1.4 million . To prepare for future budget uncertainty, included $1.4 million for: o Budget Stabilization Reserve - $250,000.00 o State Reduction Contingency - $902,000.00 · Provides protection in the event of additional in year reductions o Budget Contingency - $272,460.00 I Reductions to Balance Budoet Eliminated 188 positions since FY2007 includes proposed FY 2011 I I I I 331 Budoet Calendar . Budget Public Hearing o May 3, 2010 (Revised Date) o 7:00 p.m. Council Chamber . Budget Study o May 6 and 7 (if needed) . Budget Adoption o May 10, 2010 o 2:00 p.m. (Council Chamber) (For full text, see copy of presentation and Resource Allocation Plan Fiscal Year 2010- 2011; and copy of a communication from. the City Manager dated April 29, 2010 outlining additional information on specific items associated with the FY2011 Recommended Budget) DISCUSSION: Mayor Bowers asked if the additional assessment for the court costs for civil actions was a dedicated funding source for maintenance of the court house; whereupon, Ms. Shawver assumed it would be, but would provide a follow-up response later. Council Member Cutler asked about the money to maintain the Law Library; whereupon, Ms. Shawver answered that some of the funds were from law library fees, totaling around $93,000.00 at the Fiscal Year 2011. Vice-Mayor Lea stated that as a matter of priority, he was just not convinced that the law library was critical. With regard to funding agreement with the Schools, Council Member Trinkle thought the City was supposed to have been at the $1.5 million level this year in terms of its pledge,. and inquired if the Administration considered the $500,000.00 to the Schools as part of the meal increase and if the City was going to continue towards the $2.5 million; whereupon, in response to the first part of the question, Ms. Shawver replied in the affirmative, advising that it was not $1.5 million because the increase of $4.4 million was fairly significant, so the additional $500,000.00 increment was not being done this fiscal year. Based on the resolution adopted by the Council, her assumption would be that staff would continue to grow the program. Council Member Trinkle asked if the pledge would end in 2012; whereupon Ms. Shawver answered it would end in 2013. 332 Council Member Trinkle remarked that the goal was to be $2.5 million above the funding formula yearly, which had already been achieved this fiscal year with the proposed meal tax. He questioned whether the City should continue its pledge commitment in addition to the meal tax, suggesting that the Council advise either the Director of Finance or him if they desired for the matter to be discussed by the Joint Services Committee, adding he wanted to ensure that the Schools were aware of the discussion. I Ms. Shawver pointed out that there is some language that states, "subject to funding availability," adding that the Council was somewhat heroic during fiscal year 2009-2010 to grow the funding from half a million to a million when the funding was dropping. Council Member Trinkle asked if a particular program would be affected by the reduction in the Parks and Recreation budget; whereupon Mr. Stovall explained that there were several programs that would be impacted, primarily outdoor recreation and adult leisure, as well as the athletic program, adding that it was a minimal reduction and if preferred, additional information could be provided. Council Member Rosen asked about the Budget Stabilization Reserve and if it could be revisited in terms of a percentage versus a flat amount; whereupon, Mr. Stovall answered that the intent was to revisit the item on an annual basis, and over the next several months staff would be providing the Council with some revisions to the financial I policies. There being no further discussion, the Fiscal Year 2011 Recommended Budget was referred to Budget Study. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-TECHNOLOGY: The City Manager submitted a written communication recommending acceptance of the Criminal Justice Technology Improvement Grant from the Department of Criminal Justice Services (DCJS). (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38771-041910) A RESOLUTION authorizing acceptance of the Criminal Justice Information Technology Improvement Grant from the Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 113.) I I I I 333 Council Member Mason moved the adoption of Resolution No. 38771-041910. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Bowers-7. NAYS: None-D. Council Member Mason offered the following budget ordinance: (#38772-041910) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 114.) Council Member Mason moved the adoption of Budget Ordinance No. 38772- 041910. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Bowers-7. NAYS: None-D. COMMENTS BY CITY MANAGER: NONE. . DIRECTOR OF FINANCE: INSURANCE: The Director of Finance submitted a written report recommending authorization to execute agreements to indemnify and hold harmless the Virginia Employment Commission and the Division of Motor Vehicles against third party claims regarding City access to their information systems. (For full text, see report on file in the City Clerk's Office.) 334 Council Member Cutler offered the following resolution: (#38773-041910) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Department of Motor Vehicle's (DMV) and Virginia Employment Commission's (VEC) electronic information systems, and authorizing execution of an agreement with the DMV and VEC, in connection with such use of their electronic information systems. (For full text of resolution, see Resolution Book NO.7 4, page 115.) Council Member Cutler moved the adoption of Resolution No. 38773-041910. The motion was seconded by Council Member Rosen. Council Member Cutler inquired about the phrase "waiving sovereign immunity"; whereupon, the City Attorney advised that the requirement for the two agreements was new and was instituted by the Attorney General requiring localities who sign agreements to hold harmless the Commonwealth of Virginia if there were any actions brought by third parties against the Commonwealth. There being no additional questions and/or comments by the Council Members, Resolution No. 38773-041910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for various capital projects; 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 Rosen offered the following budget ordinance: (#38774-041910) AN ORDINANCE to transfer funding from the Fallon Park Roofing project to the Virginia Heights Roofing project and the Morningside Roofing project, amending and reordaining certain sections of the 2009-2010 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book NO.7 4, page 116.) I I I I I I 335 Council Member Rosen moved the adoption of Budget Ordinance No. 38774- 041910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. 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: YOUTH: Council Member Price expressed appreciation to the City Manager for his assistance with the Michael Baisden One Million Mentors National Campaign to Save Our Kids event that was coming to the Roanoke Civic Center on May 7, 2010 in support for mentoring children. TREES-SOLID WASTE-ARTS: Council Member Cutler shared that the Arbor Day Foundation had named Roanoke a Tree City USA for 2009. He recognized the City's Office of Environmental Management who recently received recognition and approval by the Virginia Department of Environmental Quality for its 2009 Virginia Environmental Excellence Program reports submitted on behalf of the City's Fleet and Solid Waste Management Divisions. In addition, he stated that even though the City did not receive the grant requested from the National Endowment for the Arts to assist in the creation of an arts and cultural plan, the City should continue working to develop a plan for an arts and culture district. At 3:45 p.m., the Mayor declared the meeting in recess until 4:00 p.m., to conduct public interviews for the appointment of two Trustees to the Roanoke City School Board for three-year terms of office commencing July 1, 2010 and ending June 30, 2013. The following candidates were interviewed: The Reverend James P. Beatty, Chris H. Craft, John W. Elliott, Jr., Annette Lewis, Joelle D. Miller, Suzanne P. Moore and Brenda I. Tatum. 336 THE REVEREND JAMES P. BEATTY Reverend Beatty stated that he has resided in northwest Roanoke for 40 years and is married with three children whom attended and graduated from William Fleming High School. He noted that he graduated from Winston-Salem State University in 1968 and received a Master's Degree from the University of Virginia in 1980 and has been employed by the City of Roanoke as the Deputy Director of Human Resources, and as an Interim Deputy Director of Roanoke City Schools, Human Resources. Reverend Beatty stated that he is the current Pastor of Bethel African Methodist Episcopal Church. He stated that he hopes to bring to the School Board honesty, integrity, a willingness to work hard and to be a positive contributor. Describe the steps and action YOU will take to aain first hand knowledae about the Roanoke City Public School system. He advised that he will face the position with an open mind and learn everything concerning the Roanoke City School system and the School Board, as well as be a team player. If selected to serve on the school board, what are the issues YOU feel most passionate about? He stated that his passions were the students; the teachers and a safe school environment. The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would you, as a school board member, work with City Council to prepare budaets and a budaetina process? He replied that he would work closely with the Council and commended them for supplementing and making the schools' whole. CHRIS H. CRAFT Mr. Craft thanked Council for the opportunity to interview and for supporting the Roanoke City Schools. Mr. Craft advised that he has been a volunteer for 10 years. I I I I I I 337 Describe the steps and action you will take to aain first hand knowledae about the Roanoke City Public School system. He noted that he had first hand knowledge of the schools and interacts with the teachers daily. If selected to serve on the school board, what are the issues yOU feel most passionate about? He explained that the students were his first passion, closely followed by attracting, training and retaining the best staff and lastly the community. The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would yOU, as a school board member, work with city council to prepare budaets which will most likely be based on sianificantly lower revenue? He stated that he would work with other School Board members along with City Council to find ways to fund all the programs without negatively affecting the students or teachers. He noted that if the need arises to increase a tax, like the meals tax, in the future, it should be more widespread--something that all citizens could contribute to. SUZANNE P. MOORE Ms. Moore advised that she currently serves on the School Board and noted that it has been a unique opportunity,to be a part of a School Board that has achieved so much. She felt that she cooperates and collaborates well and has common goals with the current School Board. She asked for Council's consideration for reappointment and added that she was a public school teacher for 26 years and a substitute teacher for 7 years. She thanked the Council for their attention to school matters. Describe the steps and actions yOU would take to aain first hand knowledae about the Roanoke CitY.Public School system. She advised that she was very familiar with the School Board matters and has learned a great deal. She has tried to put a special emphasis'on learning more about the school's curriculums. She noted that she has examined committee work that she was not familiar with as well, and thinks she bring experience chairing the School's Audit Committee for the last three years, working with the career and technical committee and the students looking for work force development skills to continue at a community college or vocational school. 338 If selected to serve on the school board, what are the issues you feel most I passionate about? She replied that academics, dealing with adversity, preparing students to be good citizens, and teacher and staff morale have been very important issues of the Board. The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would yOU, as a school board member, work with city council to prepare budaets and the budaetina process which will most likely be based on sianificantly lower revenue? She thanked the Council for their support of the School Board and the schools. She advised that they must continue to educate and communicate with State officials that schools need more revenue or more local options. She pointed out that the City schools have collaborated with some of the surrounding school systems, and she would like to see the school systems and City Council work together. She summarized by saying it is important to rally the community, as the Council has done and to consider what community groups can offer. She noted that she currently works with a group that wants to plant a vegetable garden at the middle schools, as well as, a citizen that mentioned getting other citizens involved, possibly I through the Campbell's Soup coupon program, or volunteering. Vice-Mayor Lea asked Ms. Moore if she was a part of the Blue Ridge Regional School Board and if the board was still in existence; whereupon, Ms. Moore explained that the School Board has been involved in the past, but she has not directly been a part of it. ANNETTE LEWIS Ms. Lewis advised that she has been a City resident for over 30 years, as well as, a wife, mother, and grandmother. She has worked for 22 years with youth in education and work force development. She added that she has worked with kids that have had difficulties and have dropped out of school. She will strive to help children complete their education and have a more productive life. I I I I 339 Describe the steps and actions you would take to aain first hand knowledae about'the Roanoke City Public School system. She first would meet with the Chair of the School Board; learn the policies, procedures, and the protocol for being a member of the Roanoke City School Board. She c would also meet with the School Superintendent; learn from Dr. Bishop the challenges she recognized, as well as, tour every school and meet with the principals to learn their challenges and successes they have achieved. If selected to serve on the school board, what are the issues yOU feel most passionate about? She explained that she is very passionate about the graduation rate, the connection between business and the school system and preparing youth for employment opportunities and college. The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would yOU, as. a school board member, work with city council to prepare budaets and the budaetina process which will most likely be based on sianificantly lower revenue? ~ She commended Council member Rosen for the idea and courage to pass the meals tax increase. She hoped to pitch the idea of hiring someone specifically for the purpose of raising funds for Roanoke City Schools and examine creative ways to bring more revenue in. BRENDA I. TATUM Ms. Tatum advised that she was a mother and has taught Art History, Drawing and Painting. She believed that guidance for education and bringing out the best in each student were very important. Describe the steps and actions you would take to aain first hand knowledae about the Roanoke City Public School system. She pointed out that she lacked experience, but was open to listening to the experiences of the current Board and concluding what seemed workable. If selected to serve on the school board, what are the issues yOU feel most passionate about? She believed in seeing the true potential in each child and helping them to be all that they can be. 340 The council has fully funded schools from a local level over the past two years in I order to keep them whole durina the state fiscal crisis. How would you, as a school board member, work with city council to prepare budaets and the budaetina process which will most likely be based on sianificantly lower revenue? She explained that making the most of what the sqhools have and taking advantage of creative ideas on how to make revenue flow would help to prepare the budget. JOHN W. ELLIOTT, JR. Mr. Elliott advised that he has been a resident of Roanoke since 2000 and was employed as the Student Activities Director at Virginia Western Community College. He listed many of his extracurricular involvements and summarized stating that he implemented two post high school education programs titled "What's in Your Suitcase?" and "Where to From Here after High School?", as well as presented personal growth sessions at Patrick Henry and William Fleming as for students with disabilities transitioning to high school. Experienced in esteem building; career development, leadership program development; staff training; juvenile probation officer training; criminal investigation; I personnel director; City Administrator; Deputy Administrator for drug and alcohol prevention program; and Education Administrator would qualify him for an opportunity to serve. In closing Mr. Elliott stated that success is not in what is done, but rather in the contributions that are made while you are doing them. Describe the steps and actions you would take to aain first hand knowledae about the Roanoke City Public School system. He explained that he has personally helped 6 students improve their grade point averages and all attended college. If selected to serve on the school board, what are the issues you feel most passionate about? He stated that his passion was getting parents and students excited about the Roanoke City Public Schools, as well as, keeping teachers, administrators and City Council excited about Roanoke City Public Schools. I I I I 341 The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would yOU, as a school board member, work with city council to prepare budaets and the budaetina process which will most likely be based on sianificantly lower revenue? He pointed out that as a member of the School Board, he would review what was in the future for revenue generating activities. He summarized his comments stating that many athletic associations and youth agencies in Roanoke have been struggling to find space for meetings and athletics competitions. He said during the summer schools are closed and the buildings and .fields are not used. He understood that legal ramifications were involved, but felt that opportunities were available for the athletic teams and agencies to meet in the facilities. JOELLE D. MILLER Dr. Miller advised that she was a practicing Pediatric Cardiologist and has lived in Roanoke for 14 years. She noted that she was passionate about education and particularly public education. She recognized that some families were not strong and at times the public school had to assume the role of a parent. She added that, not only the schools but the community as well, needs to bring families forward and understand the educational process. Describe the steps and actions yOU would take to aain first hand knowledae about the Roanoke City Public School system. Dr. Miller stated that she would visit the schools with the superintendent and talk to the principals and teachers. If selected to serve on the school board, what are the issues you feel most passionate about? She pointed out her passion for the graduation rate and improving family relations with students. 342 The council has fully funded schools from a local level over the past two years in order to keep them whole durina the state fiscal crisis. How would yOU, as a school board member, work with city council to prepare budaets and the budaetina process which will most likely be based on sianificantly lower revenue? She explained that working together as a team to understand the budget process, checking the facts, prioritizing and identifying resources in the classroom to make sure that the teachers are supported was very important. The Mayor expressed appreciation to the candidates and announced that Council would be receiving citizen input to receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three-year terms of office commencing July 1, 2010 and ending June 30, 2013 at the 7:00 p.m. session; and that the Council will select two candidates to serve as Trustees on the Roanoke City School Board, at its next regular scheduled meeting on Monday, May 3,2010 at 2:00 p.m. At 5:20 p.m., the Mayor declared the meeting in recess to reconvene for a Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 6:48 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Rosen 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 Trinkle and adopted by the following vote: AYES: Council Members Mason, Rosen, Trinkle, Cutler, Lea, and Bowers-6. NAYS: None-D. (Council Member Price was not present when the vote was recorded.) MARKET BUILDING-OATHS OF OFFICE-COMMITTEES: The Mayor called attention to a vacancy on the Market Building Foundation, Inc., Board of Directors for a term of three years; whereupon, he opened the floor for nominations: (See copy of Market Building Foundation Outline, Bylaws and draft copy of Articles of Incorporation on file in the City Clerk's Office.) I I I I I I 343 At this point, Council Member Price entered the meeting (6:51 p.m.) Council Member Mason placed in nomination the name of Sherman M. Stovall, Director of Management and Budget. There being no further nominations, Mr. Stovall was appointed as the City representative to the Market Building Foundation, Inc.' Board of Directors for a term of three years by the following vote: FOR MR. STOVALL: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea and Mayor Bowers-7. At 6:51 p.m., the Mayor declared the meeting in recess until 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 Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-D. The Mayor declared the existence of a quorum. OFFICERS PRESENT: ChristopherP. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. \ The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: 344 NEIGHBORHOOD ORGANIZATIONS-DECEASED PERSONS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Lea offered the following resolution memorializing the late Florine Luck Thornhill: I (#38775-041910) A RESOLUTION memorializing the late Florine Luck Thornhill, a longtime resident of the City of Roanoke, and former President of the Northwest Neighborhood Environmental Organization, Inc. (For full text of resolution, see Resolution Book No. 74, page 116.) Vice-Mayor Lea moved the adoption of Resolution No. 38775-041910. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. The Mayor presented a ceremonial copy of Resolution No. 38775-040910 to Mrs. Thornhill's daughter, Barbara Johnson. SCHOOLS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Lea offered the following resolution paying tribute to the Patrick Henry High School Boys' Varsity I Basketball Team: (#38776-041910) A RESOLUTION paying tribute to the Patrick Henry High School Boys' Varsity Basketball Team for' its outstanding 2009-10 season, including a Final Four appearance in the 2010 Virginia High School League Group AAA Boys Basketball State Championship. (For full text of resolution, see Resolution Book No. 74, page 118.) Vice-Mayor Lea moved the adoption of Resolution No. 38776-041910. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. The Mayor presented a ceremonial copy of Resolution No. 38776-041910 to Coach Esworthy. I I I I 345 SCHOOLS'-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Lea offered the following resolution paying tribute to the William Fleming High School Varsity Lady Colonels Basketball Team. (#38777-041910) A RESOLUTION recognizing and commending the outstanding performance of the 2009 William Fleming High School Varsity Lady Colonels Basketball Team. (For full text of resolution, see Resolution Book No. 74, page 119.) Vice-Mayor Lea moved the adoption of Resolution No. 38777-041910. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. The Mayor presented a ceremonial copy of Resolution No. 38777-041910 to Coach Hubbard. CELEBRA TIONS-PROCLAMA TIONS: The Mayor presented a' proclamation declaring April 28 - May 1, 2010, as Roanoke City Music Days. (See ceremonial copy of proclamation on file in the City Clerk's Office.) The Mayor presented a ceremonial copy of the proclamation to Bruce Bryan, Cyrus Pace, and Dylan Locke. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Carilion Clinic Physicians, LLC, and Carilion Services, Inc., to remove the Comprehensive Sign Overlay District from parcels at 99, 1, 2, 3, 4, 5, 6 and 8 Riverside Circle, S.W., bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215, and 1032216, approved by Ordinance No. 37334-032006 and replace it with a new Comprehensive Sign Overlay District for the parcels set out above, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010, the matter was before the body. 346 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 2, 2010 and Friday, April 9, 2010. I (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the Comprehensive Sign Overlay District, finding the application to amend the Comprehensive Sign Overlay District on the subject properties to be consistent with the City's Zoning Ordinance, the Comprehensive Plan, and the South Jefferson Redevelopment Plan, adding that by allowing the applicant a flexible use of their total sign allotment, a more cohesive and effective signage system can be installed. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38778-041910) 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, and Ordinance No. 37334-032006, adopted March 20, 2006, to the extent such Ordinance designated certain parcels as a Comprehensive Sign Overlay District, known as the Riverside Center Comprehensive Sign Overlay District, located on or near Reserve Avenue, S. W.; creating a new Comprehensive Sign Overlay District; and dispensing with the second reading of this I ordinance by title. (For full text of ordinance, see Ordinance Book NO.7 4, page 121.) Council Member Mason moved the adoption of Ordinance No. 38778-041910. The motion was seconded by Council Member Rosen. Robert Manetta, Attorney, appeared in support of the petitioner. The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38778-041910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Cutler, Lea, and Bowers-6. NAYS: None-D. (Inasmuch as Council Member Trinkle is employed by Carilion Services, Inc., he I abstained from voting.) I I I 347 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 19, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on, the request of Homer Yandle to repeal the conditions set forth in Ordinance No. 30039-52190 as they pertain to three parcels on Ridgefield Street, N.E., zoned 1-1, Light Industrial, bearing Official Tax Nos. 3121408, 3121409, and 3121414 and adopt the following conditions for the three parcels: (1) the following shall be the only permitted uses: business service establishment; dental, medical or optical laboratory; general or professional offices; commercial caterer; multimedia production facility studio; general or special trade contractor or tradesman's shop; general service establishment; janitorial services establishment; commercial nursery or greenhouse; wholesale bakery, confectionary, or similar food production; commercial, printing establishment; wholesale distribution electrical component assembly; warehouse; business school or non-industrial trade educational facility; broadcasting studio or station; or stealth wireless telecommunication facility; (2) outdoor storage shall be prohibited; and (3) installation and maintenance of 40 evergreen trees along southern and eastern property line of Official Tax No. 3121408 and eastern property line of Official Tax No. 3121409, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 2, 2010 and Friday, April 9, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval, finding the application to amend proffered conditions on the subject properties consistent with Vision 2001-2020, the Hollins/Wildwood Area Plan, and the City's Zoning Ordinance, adding that by allowing a limited expansion of permitted uses will increase the viability of the properties while still respecting their location within a residential neighborhood. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Lea offered the following ordinance: (#38779-041910) 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. 30039-52190, adopted May 21, 1990, to the extent that it placed certain conditions on properties located on Ridgefield Street, N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and by placing new proffers on the subject properties; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book NO.7 4, page 123.) 348 Vice-Mayor Lea moved the adoption of Ordinance No. 38779-041910. The motion was seconded by Council Member Mason. Krista H. Vannoy, Agent, appeared in support of her client. The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38779-041910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. I CITY-OWNED PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heC!rd, on a proposal of the City of Roanoke to convey City-owned property to Anstey Hodge Advertising Group, Inc., designated as Roanoke City Tax Parcel No. 3012826, being a lot on Gilmer Avenue, N. E., which is adjacent to property owned by Anstey Hodge Advertising Group, Inc., at 120 Commonwealth Avenue, N. E., known as Roanoke City Tax Parcel No. 3012827, the I matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a deed to transfer Tax Map No. 3012826 to Anstey Hodge Advertising Group, Inc., 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 Cutler offered the following ordinance: I I I I 349 (#38780-041910) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of an approximately 7,000 square foot parcel of City-owned property, being a lot on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No. 3012826, to'Anstey Hodge Advertising Group, Inc., upon certain terms. and conditions; and dispensing with the second reading of this ordinance. c (For full text of ordinance, see Ordinance Book No. 74, page 125.) Council Member Cutler moved the adoption of Ordinance No. 38780-041910. The motion was seconded by Council Member Rosen. The Mayor inquired whether there were persons present who wish to speak on the matter. John Anstey and Ralph Beauford, respectively, appeared before the Council in support of the proposal. There being no additional speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38780-041910 was adopted by the following vote: AYES: Council Members _Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-D. LEASES-CITY MARKET: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19,2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 742 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, to Gone CoCo, L.L.C., to be used as a retail business, on a month to month basis beginning May 1, 201 O,such terms not to exceed' one year, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9, 2010. (See publisher's affidavit on file in the City Clerk's Office.) 350 The City Manager submitted a written communication recommending authorization to execute a lease agreement with Gone CoCo, LLC., for approximately 742 square feet in the City Market Building located at 32 Market Square, on a month to month basis, effective May 1, 2010, 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: (#38781-041910) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Gone CoCo, L.L.C., for approximately 742 square feet of space in the City Market Building for a month-to-month term, effective May 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 126.) Council Member Mason moved the adoption of Ordinance No. 38781-041910. The motion was seconded by Council Member Trinkle. The Mayor inquired whether there were persons present who wish to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38781-041910 was adopted by the following vote: AYES: Council Members Mason, Price, Rosen, Trinkle, Cutler, Lea, and Bowers-7. NAYS: None-O. SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three-year terms of office commencing July 1, 2010 and ending June 30, 2013. Candidates are: The Reverend James P: Beatty, Chris H. Craft, John W. Elliott, Jr., Joelle D. Miller, Annette Lewis, Suzanne P. Moore and Brenda I. Tatum, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 9,2010. (See publisher's affidavit on file in the City Clerk's Office.) I I I I I I 351 The Mayor inquired whether there were persons present who wish to speak on the matter, whereupon, the following persons spoke in support of Suzanne Moore, Annette Lewis, The Reverend James P. Beatty, and Chris Craft:' Annette Lewis Johnny Taylor Lee Wilhelm Deborah Davoli Alwyn Davoli Steve Ambrose Sherri Ambrose Blair Barnes Martina Hairston Tom 'McKeon James Beattv Chris Craft James St. Clair Betty Gregory Marion Vaughn-Howard Suzanne Moore Sandra G'. Hunter Chris Craft Susan Foard LaTasha Suggs Rennie Snow There being no additional speakers, the Mayor declared the public hearing closed. The Mayor advised that the Council will select two candidates to serve as Trustees on the Roanoke City School Board for terms commencing July 1, 2010 and ending June 30, 2013, at its next regular scheduled meeting on Monday, May 3, 2010 at 2:00 p.m. OTHER BUSINESS: PURCHASE/SALE OF PROPERTY: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the. contract for purchase and sale of real property to W. E. Muse Station, LP. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38782-041910) AN ORDINANCE approving an Amendment NO.1 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.1; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.1; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 127.) 352 Council Member Mason moved the adoption of Ordinance No. 38782-041910. The motion was seconded by Council Member Trinkle and adopted by the following vote: I AYES: Council Members Mason, Price, Rosen, Trinkle, Lea, and Bowers-6. NAYS: None-O. l (Council Member C~tler was not present when the vote was recorded.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. STREET MAINTENANCE: Chris Craft appeared before the Council regarding road maintenance on 1-581 and Route 460. GRANTS-SCHOOLS: Ron Jones appeared before the Council regarding CDBG funding and school dropouts, particularly minority males. He referenced a progress report of March 2010 pertaining to the African American Male Studies Program sponsored by Total Action Against Poverty - This Valley Works (TAP-TVW). Vice- Mayor Lea expressed concern about the demographics, noting that it was imperative I that leaders work with the black males in the community since there is a lack of support for funding from the State. (See copy of Progress Report - March 2010 on file in the City Clerk's Office.) GRANTS: Willie Sowell appeared before the Council regarding CDBG funding. GRANTS: Caston Jackson appeared before the Council in support of CDBG funding for programs. REFUSE COLLECTION: Mike Darocha appeared before the Council and expressed concern regarding the safety of refuse collection workers riding on the back of refuse trucks. I I I I 353 There being no further business to come before the Council, the Mayor declared the meeting adjourned at 9:03 p.m. APPROVED ATTEST: ~ trr" fr;o"", Stephanie M. Moon, CMC City Clerk 354 9:00 a.m. I ROANOKE CITY COUNCIL-REGULAR SESSION May 3, 2010 The Council of the City of Roanoke met in regular session on Monday, May, 3, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and School Board Chairman David B. Carson presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea (arrived late), Gwendolyn W. Mason, and Mayor David A. Bowers-7. ABSENT: None-O. SCHOOL BOARD TRUSTEES PRESENT: Mae G. Huff, Suzanne P. Moore, Courtney A. Penn (arrived late), Lori E. Vaught, and Chairman David B. Carson-5. SCHOOL BOARD TRUSTEES ABSENT: Todd A. Putney and Vice-Chair I Jason E. Bingham-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. Representing the Roanoke City Public Schools: Dr. Rita D. Bishop, Superintendent; Timothy R. Spencer, Assistant City Attorney; Cindy H. Poulton, Clerk of the Board; and other members of the City and School administrations. The Mayor called the meeting to order and welcomed the School Board and Administration. He noted that the meeting was to hear an update on programs that have been added back to the Roanoke City Public Schools Fiscal Year 2011 Budget. At this point, School Board Trustee Penn entered the meeting (9:05 a:m.) I I I I 355 School Board Chairman Carson expressed appreciation on behalf of the Board to City Council for approving the two percent increase on the City's Prepared Food and Beverages tax rate, indicating that the action will prevent the schools from making drastic reductions for Fiscal Year 2011. In addition, he stressed that by the time the tax increase sunsets in two years; other sources must be identified for addressing the shortfall in funding from the State. He also recognized Council Members Cutler and Mason for their steadfast support of the Schools during their tenure as Members of Roanoke City Council. At this point, Vic~-Mayor Lea entered the meeting (9:10 a.m.) Fiscal Year 2010-2011 Budaet: Chairman Carson reiterated that it has been a difficult year for public education in Virginia, adding that in addition to the cuts made last year, this would be the second year that employees were without a wage increase. He explained that the City has made education a priority and its support provides hope to our urban populous and allows the Division to continue the Forest Park Academy, the Community College Access Program, and the Roanoke Valley Governor's School. Mr. Carson pointed out that the Roanoke Valley Governor's School is a unique program and great equalizer for Southwest Virginia, and recognized the unequivocal support pledged by Roanoke City, Salem City and Craig County to maintain the program. He also expressed concern regarding the remaining four districts that have not expressed the same commitment. The Chairman stated that the Division will continue to post successes as a result of Council's support; however, entering the 2010-11 School Year with zero dollars in savings was disconcerting because the Division will have difficulty meeting its expenses without the $3 million in savings this year. He further stated that the Board and Administration must explore options for Huff Lane and Round Hill Elementary Schools in conjunction with the neighborhood, which begins in partnership with City Council in exploring appropriate zoning changes. The Chairman interjected that a decision regarding Round Hill would be discussed by the Board at its meeting in May 2010. Mr. Carson reiterated that the 2012-13 School Year would be the most difficult year inasmuch as the meals tax would be gone, and the full impact of the Composite Index changes would be felt and payback to the Virginia Retirement System commences. He stated that the Board would ask the Superintendent to determine how to reinvent the Division as it would have to operate in a new norm in order to attract and retain staff. 356 With regard to the Roanoke Valley Governor's School, the Superintendent noted I that the State provides limited funds, but the majority of funds are derived from the local school divisions in the form of tuition for purchased student slots. She noted that Roanoke City is the onlv division that sends freshmen to the Governor's School and has the most slots with 120 students, adding that Roanoke County has fifty or so, Franklin County has 35, followed by smaller numbers for Botetourt, Craig and Salem. Dr. Bishop pointed out that last year's tuition was reduced by ten percent and this year's tuition may be reduced by 20 percent, and one division may decide not to send any new students in 2010-11; and the Governor's School was expanded several years ago. She emphasized that Roanoke City Public Schools carries the debt and the debt pay down is significantly impacted when tuition is reduced; and expressed concern regarding the program beyond 2010-11. Council Member Trinkle requested additional information regarding the funding sources. The Superintendent reviewed the following add-backs as a result of the additional revenues from the two percent increase in the meals tax: o Restore summer sch901-following a 70 percent reduction in services last year, there is a need to restore the program. o Restore K-8 staffing (32 positions) from SOQ minimum-out of 159 separations, 66 positions would not be filled. o Restore key high school positions (12)-maintaining smaller than anticipated class sizes. o Assume responsibility for the DARE/SRO positions from City-the cost of this important function will be assumed by the Schools. o Restore critical part-time work-this will provide funding for focused curriculum work during the summer in order to maintain the momentum and begin work to implement a new math curriculum. o Elementary Spanish at grades four through six-allows our students to maintain a competitive edge and _better meet the requirements for an advanced diploma. o Restore/fill key central office positions. o CTE positions-particularly important for the middle school component. o CITY School/senior seminar-this will be a difficult decision because of CITY School's history but it is a necessary move as only 40 students (PH-36, WF-4) are currently participating. Both high school campuses deserve a vibrant senior program that includes a public speaking course and emphasizes community participation. I I I I I 357 o Restore athletics spending-proposed cuts were $300,000; $100,000 will be added back. o Restore facilities maintenance cuts-includes one position, equipment and supplies. o Restore chess club-more than 100 students participate. (See copy of Roanoke City Public School Amended Categorical Budget 2010-11 on file in the City Clerk's Office.) Comments by Council Members/School Board Trustees: ~ Council Member Price stated that CITY School served a purpose previously and she understood the need to provide opportunities for students at both high schools to get into college by enrolling in classes such as senior seminar and public speaking. Council Member Trinkle stated that while this ,was a tough decision for the Board, it is an important issue because of the benefits of having students in the downtown area, and there was an understanding that the meals tax would save the program. Council Member Mason asked about the status of hiring a principal for William Fleming High School; whereupon, the Superintendent stated initial interviews had concluded on last Friday and she would be interviewing the top candidates by telephone on Monday and Tuesday, with a goal to take the top candidates before the community on Thursday, adding that Deputy Superintendent Curt Baker was close to finalizing the appointment of a new football coach at William Fleming. Vice-Mayor Lea commented that there may be other uses for the building currently housing CITY School and he was also concerned that the disparity be corrected. He asked if the athletic programs generated revenues for the Division; whereupon, Mr. Baker responded that the athletic programs cost $1.2 million and revenues from gate receipts were approximately $120,000.00, adding transportation costs were significant when considering 50 varsity teams that must travel to areas outside of the City due to the Virginia High School League districting. Mr. Baker stated that $100,000.00 would be restored to athletics, which will allow the Division to carry the full suite of sports. . Vice-Mayor Lea asked about pay for assistant coaches; whereupon, Mr. Baker stated that each team is allocated a specific number of assistants and some teams have none, with football coaches having the most assistants, and a stipend is determined for the position based on a market basket comparison. The Mayor asked about the appeal to Virginia High School League to redistrict the City's high schools; whereupon, the Chairman responded that the appeal had been denied and he would request support from the legislators to introduce bills next year relative to the school start date and the Virginia High School League oversight. r-... 358 Vice-Mayor Lea noted that there were only five schools in the Western Valley I District, and it was unlikely that Virginia High School League would approve the release of two of those schools. Council Member Rosen stated that the speech class is vital not only because it allows the transfer of credits but because of the instructional benefits in preparing students to address groups in the future. The Superintendent stated that Virginia Western Community College President Bobby Sandel supports Roanoke City Public Schools and has been nothing but wonderful in planning for next year including the provision of the public speaking teacher for the high schools. Council Member Trinkle asked how the Division compared to other districts relative to salaries; whereupon, Mr. Baker stated that Roanoke City Public Schools rank 118th out of 132 reporting divisions for teachers, with ten years of experience, relative to total compensation. The Superintendent expressed concern that good teachers may move to surrounding divisions where pay is higher at the particular experience level, adding that the Division's emphasis on pay occurs after the ten-year mark; however, all pay scales remain frozen at this time. Council Member Trinkle inquired as to how the Council could help with the I rezoning for Huff Lane and Round Hill Elementary Schools; whereupon, the Chairman stated that he understood there had been discussions and a determination that it would be best to proceed with the rezoning when an interested party came forward with a specific request. The Mayor recognized School Trustees Moore and Penn for their service as School Board Trustees, noting that School Trustee Moore had reapplied, but School Trustee Penn had declined to seek another term of office. Mayor Bowers expressed appreciation on behalf of the Council to Mr. Penn for his years of service to the students and citizens of the City of Roanoke. School Trustee Penn expressed appreciation to City Council for their support of the Schools and stated that it had been an honor to serve on the School Board. Vice-Mayor Lea recognized the Mayor's birthday on May 11 and extended to him birthday wishes. There being no further business, Chairman Carson declared the joint meeting adjourned at 10:04 a.m. There being no further business, Mayor Bowers declared the joint meeting in recess at 10:04 a.m. I I I I 359 At 10:17 a.m., the Council meeting reconvened, in Room 159, first floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding, and all Members of the Council in attendance. COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that the Council concur in request of the Mayor to convene in Closed Meeting to discuss the abovedescribed matter. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Member Price, Rosen, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. (Council Member Trinkle was not present when vote was taken.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. Although he has no legal conflict of interest with Rebuilding Together- Roanoke, Mayor Bowers advised that since he serves on the Board of Directors, he will abstain from voting on the request of the City Manager for a public hearing to consider the sale of City-owned property to Rebuilding Together-Roanoke, a non-profit, non- sectarian organization; and will request that the matter be removed from the Consent Agenda and considered separately. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. At this point, Council Member Trinkle entered the meeting (10:20 a.m.) BRIEFINGS: Mill Mountain Conservation Easement Update R. Brian Townsend, Assistant City Manager for Community Development, gave an overview of the conservation easement process, which included two alternative deeds of gift of easement that contain the same provisions as to restrictions, terms, and conditions related to the content of the deed and differ only in relationship to the total acreage of Mill Mountain. He advised that the initially proposed deed would cover . approximately 539.13 acres of the mountain, and the alternative deed would cover 360 approximately 537.27 acres, with a difference' in acreage between the two deeds I relating to an approximately two-acre portion of the northwest facing summit of Mill Mountain. ' Mr. Townsend further advised that the alternative deed would not include the abovementioned portion of the mountain summit within the conservation easement area, resulting in a total of approximately 30.72 acres at the top of Mill Mountain excluded from the conservation easement. He noted that a survey conducted by the Engineer received over 224 respondents, and no demographics taken. Comments: Council Member Rosen expressed concern about one of the proposed boundary options preventing future development on the mountain and asked that the area proposed for the possible construction of a restaurant be excluded from the boundary. Following discussion of the matter, the City Attorney recommended that both options be presented as part of the proposed easement to allow the public an opportunity to weigh in on the decision. Mr. Townsend and Steven Buschor, Director of Parks and Recreation, responded to additional' questions from Members of the Council regarding the process and th~ boundary options. There being no further discussion regarding the matter, the Council concur in the recommendation that a public hearing be held on Monday, June 21, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the two options. I HUD Consolidated Plan Frank Baratta, Budget Team Leader, gave the following overview of the 2010- 2015 HUD Consolidated Plan: I I I I 361 362 I I I I I I 363 364 I I I I I I 365 366 I I I I I I 367 368 I I I I I I 369 (See copy of powerpoint presentation and document on the 2010-2011 HUD Funding Recommendations on file in the City Clerk's Office.) Following presentation, the Mayor noted that the matter would be discussed further at the May 6 Budget Study session. At 12:15 p.m., the Council meeting was declared in recess for a Closed meeting to be held in the EOC Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building. At 1:15 p.m., the Mayor reconvened the meeting in Room 159, with all Members of the Council in attendance, and continued with the briefings. Outdoor Vendinq Update Chris Chittum, Planning Administrator, gave an overview of the proposed ordinance that would amend the City Code in order to allow street vending, including information about opportunities offered for public input and changes made to the program in response to said input. In addition, he shared the process for application and the proposed locations to allow street vendors. He highlighted the following presentation and responded to questions from the Council: 370 I I I I I I 371 372 Application Process I · Applicant proposes location ("~") and provides a ~with application · Application reviewed by various city agencies to ensure compliance with rules: - Planning - Parks and Recreation - Transportation - Risk management · Adjoining property owner notified · The City may place conditions on the permit I I I I I 373 374 I I I I I I 375 376 I I (See copy of powerpoint presentation on file in the City Clerk's Office.) I I I I 377 Council Member Rosen questioned whether, given Council's recent decision to increase the Prepared Food and Beverages tax rate, the City should delay this particular program until after the tax increase sunset. Council Member Cutler inquired about allowing vendors to operate on City streets would impact access for wheelchairs and persons with disabilities on the sidewalks/streets in the downtown area; and he also expressed concern that persons with disabilities must be considered with regard to foot traffic and that strategic locations should be established for vendors to avoid'said problem. In light of Council Member Rosen's' comments about the impact of the recent proposed increase for the Prepared Food and Beverages tax rate, Council Member Trinkle suggested that the City implement the proposed Street Vending Program in two phases - Phase 1 to include parks, open areas and areas outside of downtown, and Phase 2 to allow downtown street vending. At this point, Mayor Bowers left the meeting (1 :39 p.m.) Council Member Mason agreed that proposed Street Vending Program was a good idea, however, the City needed to wait on allowing downtown street vending. She echoed Council Member Trinkle's suggestion to allow street vending in two phases. Council Member Trinkle stated that the changes may require another public hearing and suggested that the program be done for a period of one year, and then review the measure again. The City Manager agreed that the City should start the program slowly, and allow it in areas where there are no conflicts. He suggested starting in parks and open spaces, and within three months review the ordinance again. In addition, he agreed to ask staff to revise the proposed ordinance, schedule another public input session, and bring the matter back to the Council for action at its June 21 meeting. Following indepth discussion, the Council directed staff to further modify the proposal to increase the separation of vendors from restaurants, permit vending only in parks in downtown such as Century and Wachovia Plazas and Elmwood Park, and align the fees with those of the outdoor dining program. At 1 :45, p.m., the Council meeting was declared in recess until 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. 378 At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room I 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. At this point, Council Member Price entered the meeting (2:05 p.m.) PRESENTATIONS AND ACKNOWLEDGMENTS: I BICYCLES: David Harrison, Chair, City's Blue Ridge Bicycle Club, and several members appeared before the Council to present the Mayor with a picture and a Blue Ridge Bicycle Club Mug in recognition of his participation in the Mayor's Bicycle Ride on Saturday, May 1, 2010. Mr. Harrison announced that the League of American Bicyclists has honored the City of Roanoke with its prestigious Bicycle Friendly Community Award, and that the City was recognized for the bronze-level designation of this award. 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. SEGREGATION: Robert Gravely appeared before the Council expressing concern about segregation in the City of Roanoke, noting that a change is needed. TAXES: Teresa Sutherland appeared before the Council and expressed appreciation for its support of the two percent increase in the meal tax. I I I I 379 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. Mayor Bowers requested that Item C-2 be removed and considered separately inasmuch as he would abstain from voting on the request. FIRE-CITY-OWNED PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 17, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property, to Mahlon Maxey, Vice President of Maxey Seat Cover Center, Inc., was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the Council concur in the request of the City Manager. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. FIRE-CITY-OWNED PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 17, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property to Rebuilding Together-Roanoke (RTR), a non-profit, non-sectarian organization, was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the Council concur in the request of the City Manager. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Mason and Vice-Mayor Lea-6. NAYS: None-O. (Mayor Bowers abstained from voting.) 380 FIFTH PLANNING DISTRICT-COMMITTEES-OATHS OF OFFICE: Report of qualification of Christopher P. Morrill to fill the unexpired term of Darlene L. Burcham as a non-elected City representative of the Roanoke Valley Allegheny Regional Commission ending June 30, 2012, 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 Council Member Rosen and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-D. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38783-050310) A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $170,088.00, for a one-year period, beginning July 10, 2010 through July 10, 2011; and authorizing the execution of the necessary documents. (For full text of resolution, see Resolution Book No. 74, page 129.) I I I I I I 381 Council Member Rosen moved the adoption of Resolution No. 38783-050310. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Rosen offered the following budget ordinance: (#38784-050310) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending' and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 130.) Council Member Rosen moved the adoption of Budget Ordinance No. 38784- 050310. The motion was seconded by Vice-Mayor Lea and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-EMERGENCY SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Virginia Department of Emergency Management HAZMAT Team Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38785-050310) A RESOLUTION accepting the Virginia Department of Emergency Management HAZMAT Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 130.) 382 Council Member Trinkle moved the adoption of Resolution No. 38783-050310. I The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Trinkle offered the following budget ordinance: (#38786-050310) AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of Hazardous Material Team equipment, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 131.) Council Member Trinkle moved the adoption of Budget Ordinance No. 38784- 050310. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. I NAYS: None-O. CITY CODE-DISABLED PERSONS-REFUSE COLLECTION: The City Manager submitted a written communication recommending an amendment of the City Code with regard to proposed changes to the Physically Challenged Solid Waste Collection Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance: (#38787-050310) AN ORDINANCE amending and reordaining Section 14.1-16, Placement for collection aenerally, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended, by amending subsection (d) and adding a new subsection (d)(4); and dispensing with the second reading by title of this ordinance. (Forfull text of ordinance, see Ordinance Book No. 74, page 132.) I I I I 383 Council Member Cutler moved the adoption of Ordinance No. 38787-050310. The motion was seconded by Council Member Trinkle. Council Member Cutler requested clarification on the proposed changes to the physically challenged solid waste collection program; whereupon, the Assistant City Manager for Operations explained that the ordinance would require persons with disabilities to submit all necessary information to the City Manager for continued service by September 1, 2010, and would continue to make the service available for a term of no more than 12 months from the date of approval by the City Manager. He added that any person receiving the service may apply for additional 12-month terms, if such person remains otherwise qualified for such service and provides an updated physician's certification acceptable to the City Manager. ) There being no additional questions and/or comments by the Council Members, Ordinance No. 38787-050310 was adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. INDUSTRIES-SALE/PURCHASE OF PROPERTY: The City Manager submitted a written communication recommending an amendment of the deed between the City and Blue Hill Village, LLC, to provide a revised Concept Plan for Blue Hills Village Project. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following ordinance: (#38788-050310) AN ORDINANCE approving an Amended Deed between the City of Roanoke, Virginia (City) and Blue Hills Village, LLC, (Blue Hills), that modifies a prior Deed dated October 11, 2006, between the parties as set forth below; authorizing the City Manager to execute such Amended Deed; authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matter; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 134.) Vice-Mayor Lea moved the adoption of Ordinance No. 38788-050310. The motion was seconded by Council Member Trinkle. 384 Mayor Bowers called attention to the design of the retail development located in I the Roanoke Centre for Industry on Orange Avenue/US 460 East, adding that the development appears to be backwards and is not buffered properly nor designed correctly. Council Member Cutler concurred in the comments of the Mayor, adding that as the development matures, perhaps efforts could be make to improve the aesthetics of the view from Orange Avenue/460 East. In response to the remarks, the. Assistant City Manager for Community Development advised that the concept plan called for an internal road to serve on both sides of the property, adding any business facing the internal street road would not be visible from Orange Avenue because of a fifteen foot difference between the street frontage and the site. There being no further questions and/or comments by the Council Members, Ordinance No. 38788-050310 was adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I BUDGET-HUMAN/SOCIAL SERVICES: The City Manager submitted a written communication recommending an appropriation of additional funds for various social services programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following budget ordinance: (#38789-050310) AN ORDINANCE to appropriate funding from the Commonwealth to the Department Social Services, amending and reordaining certain sections of the 2009-2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 135.) Council Member Price moved the adoption of Budget Ordinance No. 38789- 050310. The motion was seconded by Council Member Mason. Council Member Price expressed appreciation for services being provided for special needs and subsidized adoption, refugee resettlement and day care services. I I I I 385 There being no additional questions and/or comments by the Council Members, Budget Ordinance No. 38789-050310 was adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, ,Mason and Mayor Bowers-7. NAYS: None-O. EASEMENTS-WATER-FIRE: The City Manager submitted a written communication recommending authorization to grant a utility easement to the Western Virginia Water Authority for installation of a water vault to serve the new Fire-EMS Station No.5 located at 1920 Orange Avenue, N. W. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance: (#38790-050310) AN ORDINANCE authorizing the conveyance of a permanent, variable width above ground and underground utility easement across City-owned property located at 1920 Orange Avenue, N. W., designated as Tax Map No. 2322001, to the Western Virginia Water Authority, 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. 74, page 136.) Council Member Cutler moved the adoption of Ordinance No. 38790-050310. The motion was seconded by Council Member Rosen. Council Member Cutler inquired about the timetable for completion of Fire Station No.5; whereupon, the City Manager explained that the new Fire Station should be completed within approximately three months, adding that it will be a LEED Gold certified building, as well as a possible police sub-station, day/meeting room for the community. He remarked that a soft opening was being planned this month, with a hard opening during the month of June 2010. There being no further questions and/or comments by the Council Members, Ordinance No. 38790-050310 was adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. 386 GRANTS-GOODWILL INDUSTRIES: The City Manager submitted a written I communication recommending execution of Amendment NO.2 to the Fiscal Year 2009 CDBG-funded Agreement with Goodwill Industries of the Valleys, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38791-050310) A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 2 to the 2008-2009 Community Development Block Grant ("CDBG") Agreement with Goodwill Industries of the Valleys, Inc. ("Goodwill") for job creation activities. (For full text of resolution, see Resolution Book No. 74, page 137.) Council Member Mason moved the adoption of Resolution No. 38791-050310. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I COMMENTS BY CITY MANAGER:. N EIGHBORHOODS-CELEBRA TIONS-P ARKS-RECREA TION-SPECIAL . EVENTS-BICYCLES: The City Manager reminded the Council that May is Neighborhood Month and that City neighborhoods will be planning events to celebrate throughout the month. He also said a delegation from Roanoke will attend the Neighborhoods USA Conference scheduled to be held on May 26-29, 2010, in Little Rock, Arkansas. Additionally, he announced that the Leadership College Graduation will be held on May 18 and Council Members are .invited to attend. Council Member Rosen asked whether the Leadership College program will continue in FY2011, given cuts made to its funding; whereupon, Mr. Morrill stated that the program will continue, but the college will go to one session per year instead of two in FY2011. Steven Buschor, Director of Parks and Recreation, announced that the City was named a Tree City USA again this year, having been honored with the title for approximately 15 years. He also showed the Council, a flag which had been presented to the City by the National Arbor Day Foundation for display announcing the City's accomplishment. I I I I 387 The City Manager added that the first week-end in May was an active one with the Strawberry Festival, the Chili Cook-off, the Down by Downtown music event, and the Mayor's Bike Ride, and that it is great to see all these things happening in the City of Roanoke. DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of March 2010. (For full text, see copy of the Financial Report on file in the City Clerk's Office.) Ms. Shawver gave an update on the City's financial results for the first nine months of the fiscal year. She commented on several aspects of the Financial Report, noting that on a year-to-date basis, revenue performance was down 1.2 percent, adding that real estate taxes were due in early April which will cause more revenue to be included in the March report than last year. She summarized her remarks by stating that key local taxes were declining and the unemployment rate was currently at 8 percent. Council Member Rosen requested clarification on the need for acoustical improvements in the Special Events Center; whereupon, the Assistant City Manager for Operations advised that the Special Events Center was originally designed to hold trade' shows, etc; however, as uses for the space evolved, the sound system became an issue that needed to be addressed. Council Member Rosen also inquired about the Parking Fund and the lack of use of the Gainsboro Garage; whereupon, the Assistant Manager for Community Development advised that its use was affected by the monthly parking arrangement with the Higher Education Center, that the Center now has its own parking area which is located on Shenandoah Avenue. He indicated that another factor that affects revenue is an overflow from the Hotel Roanoke Conference Center; however, overall activity at the Conference Center has declined. Mayor Bowers pointed out that the sales tax will suffer a major reduction when the Wal-Mart located on Route 220 relocates to Roanoke County; and asked if retail development was important in hiring a Economic Development Director; whereupon, the City Manager explained that both large scale retail development such as Wal-Mart and Ukrop's spaces, as well as small spaces that may bring more interest to downtown were , equally important in terms of sales tax. 388 In reference to an article in the Department of Economic' Development's "Biz I News," examining "development opportunity in Roanoke near 1-581, formerly known as the stadium/amphitheatre site", Council Member Cutler asked about the intended use of the site; whereupon, the City Manager explained that the site has been viewed by potential commercial developers and people interested in large-scale retail; however, in terms of visibility and means of access from Orange Avenue, the site is not attractive. He indicated that the City would continue to market the property to commercial realtors for both retail and non-retail uses. Council Member Cutler inquired if the site had been re-vegetated for stabilization; whereupon, Mr. Morrill replied that the site had been stabilized by virtue of a grass cover, with no noticeable runoff issues. He reported that there is a storm water pond at the southern end of the site that is functional, a benefit to a developer which would not have to be incurred if the site was developed. 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 I RESOLUTIONS: Vice-Mayor Lea offered the following resolution appointing two School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2010 and ending June 30, 2013:' (#38792-050310) A RESOLUTION appointing Annette Lewis and Suzanne P. Moore as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2010 and ending June 30, 2013. (For full text of resolution, see Resolution Book No. 74, page 138.) Vice-Mayor moved the adoption of Resolution No. 38792-050310. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I I I I 389 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: , RECREATION: Vice-Mayor Lea stated that it was announced at a Press Conference last week that the 11 th Annual Western Virginia Education Classic Football Game will be held on October 9, 2010 at the William Fleming High School Stadium. He also expressed appreciation to the Council for its support of the event, which has had much success in helping to assist. City students at risk of dropping out of school. Additionally, he thanked the City of Salem for hosting the event since the demolition of the former Victory Stadium. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-COMMITTEES-FAIR HOUSING: The Mayor called attention to the expiratioQ of the three-year terms of office of Anthony Reed, Marc Davis and Rhonda Chewning as members of the Fair Housing Board on March 31, 2010; whereupon, he called for nominations to fill the vacancies. , Vice-Mayor Lea placed in nomination the names of Anthony Reed, Marc Davis and Rhonda Chewning. There being no further nominations, Mr. Reed, Mr. Davis and Ms. Chewning were reappointed for terms of three years, each, ending March 31, 2013, by the following vote: FOR MR. REED, MR. DAVIS, AND MS. CHEWNING: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY CORRECTIONS PROGRAM, REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor called attention to the expiration of the three-year terms of office of Octavia Johnson, City Sheriff; and Steve Lugar, Deputy Police Chief, as City representatives of the Court Community Corrections Program, Regional Community Criminal Justice Board ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancies. Vice-Mayor Lea placed in nomination the names of Octavia Johnson, City Sheriff, and Tim Jones, Deputy Police Chief to replace Deputy Police Chief Lugar. 390 There being no further nominations, Sheriff Johnson was reappointed, and I Deputy Police Chief Jones was appointed to replace Deputy Police Chief Lugar as City representatives of the Court. Community Corrections Program, Regional Community Criminal Justice Board for terms of three-years, each, ending June 30, 2013, by the following vote: FOR SHERIFF JOHNSON AND DEPUTY POLICE CHIEF JONES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to the expiration of the three- year terms of office of Donald Dillard, Gregory W. Staples, and Stephen S. Willis, as members of the Personnel and Employment Practices Commission ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancies. Vice-Mayor Lea placed in nomination the names of Donald Dillard, Gregory W. Staples and Stephen S. Willis. There being no further nominations, Messrs. Dillard, Staples and Willis were reappointed as members of the Personnel and Employment Practices Commission for terms of three-years, each, ending June 30, 2013, by the following vote: FOR MESSRS. DILLARD, STAPLES AND WILLIS: Council Members Price, I Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to the expiration of the three-year terms of office of Ronald L. McCorkle, Jr., as a member of the Roanoke Neighborhood Advocates ending June 30, 2010; whereupon, the Mayor called for nominations toifill the vacancy. Vice-Mayor Lea placed in nomination the name of Ronald L. McCorkle, Jr. There being no further nominations, Mr. McCorkle was reappointed as a member of the Roanoke Neighborhood Advocates for a term of three-years ending June 30, 2013, by the following vote: FOR MR. MCCORKLE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to the expira!ion of the three-year term of office of Owen C. Shultz as a member of the Roanoke Public Library Board ending June 30, 2010; I whereupon, the Mayor called for nominations to fill the vacancy. I I I 391 Vice-Mayor Lea placed in nomination the name of Owen C. Shultz. There being no further nominations, Mr. Shultz was reappointed as a member of the Roanoke Public Library Board for a term of three-years ending June 30, 2013, by the following vote: FOR MR. SHULTZ: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-BOARD OF FIRE APPEALS: The Mayor called attention to the expiration of the four-year term of office of John C. Moody, Jr., as a member of the Board of Fire Appeals ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of John C. Moody, Jr. There being no further nominations, Mr. Moody was reappointed as a member of the Board of Fire Appeals for a term of four-years ending June 30, 2014, by the following vote: FOR MR. MOODY: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-VIRGINIA WESTERN COMMUNITY COLLEGE: The Mayor called attention to the expiration of the four-year term of office of Dennis R. Cronk as a City representative of the Virginia Western Community College Board of Directors ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy'> Vice-Mayor Lea placed in nomination the name of Dennis R. Cronk. There being no further nominations, Mr. Cronk was reappointed as a City representative of the Virginia Western Community College Board of Directors for a term of four-years ending June 30, 2014, by the following vote: FOR MR. CRONK: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-TOTAL ACTION AGAINST POVERTY: The Mayor called attention to the expiration of the term of office of Court G. Rosen as the City's liaison representative of the Total Action Against Poverty in the Roanoke Valley Board of Directors ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. 392 Vice-Mayor Lea placed in nomination the name of Court G. Rosen. I There being no further nominations, Mr. Rosen was reappointed as the City's liaison representative of the Total Action Against Poverty in the Roanoke Valley Board of Directors for a term of two-years ending June 30, 2012, by the following vote:" FOR MR. ROSEN: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY JUVENILE DETENTION CENTER COMMISSION: The Mayor called attention to the expiration of the four-year terms of office of Jane R. Conlin as a City representative and James O'Hare as an alternate City representative of the Roanoke Valley Juvenile Detention Center Commission ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancies. Vice-Mayor Lea placed in nomination the names of Jane R. Conlin and James O'Hare, respectively. There being no further nominations, Ms. Conlin (City representative) and Mr. O'Hare (Alternate) were reappointed as representatives of the Roanoke Valley Juvenile Detention Center Commission for terms of four-years, each, ending June 30, 2014, by I the following vote: FOR MS. CONLIN AND MR. O'HARE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY-ALLEGHANY REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE: The Mayor called attention to a vacancy created by the resignation of Darlene L. Burcham as a City representative (technical advisory) to the Roanoke Valley- Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31, 2011; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of ChristopherP. Morrill. There being no further nominations, Mr. Morrill was appointed as a City representative (technical advisory) to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee, to fill the unexpired term of Darlene L. Burcham ending March 31,2011, by the following vote: FOR MR. MORRILL: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. I I I I 393 OATHS OF OFFICE-COMMITTEES-WESTERN VIRGINIA WATER AUTHORITY: The Mayor called attention to the expiration of the term of office of John P. Bradshaw, Jr., as a City' representative to the Western Virginia Water Authority Board of Directors ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of John P. Bradshaw, Jr. There being no'further nominations, Mr. Bradshaw was reappointed as a City representative to the Western Virginia Water Authority Board of Directors for a four-year term of office ending June 30, 2014, by the following vote: FOR MR. BRAOSHAW: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE.;COMMITTEES-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY: The Mayor called attention to the expiration of the term of office of R. Brian Townsend as a City representative to the Virginia's First Regional Industrial Facility Authority ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of R. Brian Townsend. There being no further nominations, Mr. Townsend was reappointed as a City representative to the Virginia's First Regional Industrial Facility Authority for a four-year term of office ending June 30, 2014, by the following vote: FOR MR. TOWNSEND: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY GREENWAY COMMISSION: The Mayor called attention to a vacancy created by the resignation of Elizabeth Oanielle Rhine as a City representative to the Roanoke Valley Greenway Commission ending June 30, 2013; whereupon, the Mayor called for nominations to fill the vacancy. . Vice-Mayor Lea placed in nomination the name of James D. Ritchie. There being no further, nominations, Mr. Ritchie was appointed as a City representative to the Roanoke Valley Greenway Commission to fill the unexpired term of Elizabeth Danielle Rhine ending June 30, 2013, by the following vote: FOR MR. RITCHIE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. 394 OATHS OF OFFICE-COMMITTEES-CITY OF ROANOKE PENSION PLAN: The Mayor called attention to the expiration of the term of office of John Reed (Western Virginia Water Authority) as a City representative to the Board of Trustees, City of Roanoke Pension Plan, ending June 30, 2010. He stated that inasmuch as the position rotates between City of Roanoke, Roanoke School System, Roanoke Regional Airport Commission, Roanoke Valley Resource Authority, Western Virginia Water Authority, and Roanoke Valley Juvenile Detention Commission, the vacancy should be filled by a member of the Roanoke Valley Detention Commission; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of Alan Hullette. There being no further nominations, Mr. Hullette, member of the Juvenile Detention Commission, was appointed as a City representative to the Board of Trustees, City of Roanoke Pension Plan, for a four-year term of office ending June 30, 2014, by the following vote: FOR MR. HULLETTE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. I OATHS OF OFFICE-COMMITTEES-LOCAL BOARD OF BUILDING CODE APPEALS: The Mayor called attention to a vacancy created by the ineligibility of Harry I Collins, Sr., as a member of the Local Board of Building Code Appeals for a term of office ending June 30, 2014; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of Kirk Bates. There being no further nominations, Mr. Bates was appointed as a member of the LocaL Board of Building Code Appeals for a term of office ending September 30, 2014, by the following vote: FOR MR. BATES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Sandra B. Kelly as a member of the Roanoke Neighborhood Advocates ending June 30, 2012; whereupon, the Mayor called for nominations to fill the vacancy. , Vice-Mayor Lea placed in nomination the name of Christina M. Brannan. I I I I 395 There being no further nominations, Ms. Brannan was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Sandra B. Kelly ending June 30, 2012, by the following vote: FOR MS. BRANNAN: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. , OATHS OF OFFICE-COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor called attention to two vacancies requiring elected-official representatives to serve as members of the Youth Services Citizen Board for terms ending May 3, 2013; whereupon, the Mayor called for nominations to fill the vacancies. Vice-Mayor Lea placed in nomination the names of Council Members Anita J. Price and Court G. Rosen. There being no further nominations, Council Members Price and Rosen were appointed as elected official representatives of the Youth Services Citizen Board ending May 31, 2013, by the following vote: FOR COUNCIL MEMBERS PRICE AND ROSEN: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-HUMAN SERVICES ADVISORY BOARD: The Mayor called attention to a vacancy created by the resignation of Dale Edmonston as a member of the Human Services Advisory Board ending November 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. Vice-Mayor Lea placed in nomination the name of Susan L. Heese. There being no further nominations, Ms. Reese was appointed as a member of the Human Services Advisory Board to fill the unexpired term of Dale Edmonston ending November 30, 2010, by the following vote: FOR MS. REESE: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. 396 COUNCIL: With the respect to the Closed Meeting just concluded, Council I 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 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 Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. There being no further business, the Mayor declared the meeting in recess until 6:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, for the purpose of conducting public hearings on the Recommended 2010-2011 City of Roanoke Budget and the City's Draft 2010-2015 Consolidated Plan which includes the Recommended 2010-2011 HUD Funds Budget. The recessed meeting of the Roanoke City Council reconvened at 6:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea (arrived late), Gwendolyn W. Mason and Mayor David A. Bowers-7. I The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager, William M. Hackworth, City Attorney, Ann H. Shawver, Director of Finance, and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Johnny R. Stone, Pastor, Hill Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that the purpose of the recessed meeting was to conduct public hearings on the proposed recommended Fiscal Year 2010-2011 City budget, and the recommended 2010-2011 HUD Funding Budget. I I I I 397 BUDGET: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Monday, May 3, 2010, at 6:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of h,olding a public hearing on the recommended 2010-2011 City Budget, in the amount of $253,461,000.00, the matter was before the Council. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 23, 2010.) (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to speak on the matter. The following speakers addressed the Council with remarks focusing on elimination of funding for the Virginia Cooperative Extension, closing of Sanctuary, and elimination of funding for the African-American Male Studies Program: (See copies of documents on file in the City Clerk's Office.) o Theodore Edlich, President, Total Action Against Poverty in the Roanoke Valley, Inc. (TAP funding) o Candia Bryson, Virginia Cooperative Extension o Vella Wright (Mentor Program for African-American Males at William Fleming High School) o Andy Overbay, District Program Leader, Virginia Cooperative Extension o Charles Sweat (4-H Youth development) o Don Bradley (Virginia Extension services) o Doris Flandorffer (Virginia Cooperative Extension - homes/grounds) o Becky Wilden berger, Southwestern Virginia Second Harvest Food Bank, (Virginia Cooperative Extension) o Hank Bowers (Virginia Cooperative Extension) o Mildred McDuffie, a master gardener, (Virginia Cooperative Extension) o Dick Kepley (closing of Sanctuary) o Susan Robertson (site - budget information) o Bob Gaither (Virginia Cooperative Extension) o Jim Curtis (Virginia Cooperative Extension -landscape/pesticides) o Michael Ragone (Virginia Cooperative Extension - home/gardening) o Mark Powell (Virginia Cooperative Extension) There being no further speakers wishing to speak on the matter, the Mayor declared the public hearing closed. He advised that the remarks would be referred to Budget Study. 398 BUDGET-HOUSING-GRANTS: Pursuant to the instructions of the Council, the I City Clerk having advertised a public hearing for Monday, May 3, 2010, at 6:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the City's Draft 2010-2015 Consolidated Plan, which includes the recommended 2010-2011 HUD Funds Budget, in the amount of $3,623,728.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 23, 2010.) (See publishers' affidavits on file in the City Clerk's Office.) The Mayor inq~ired if there were persons present who would like to speak on the matter. There being none, he declared the public hearing closed. There being no further business, the Mayor declared the meeting in recess to be continued on Thursday, May 6, 2010 at 8:30 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor Municipal Building, at which time the Council will convene in its Fiscal Year 2010-2011 Budget Study. The regular meeting of Roanoke City Council, which was called to order on Monday, May 3, 2010, at 9:00 a.m., reconvened on Thursday, May 6, 2010, at I 8:30 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church AvenUe, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price (arrived late), Court G. Rosen, David B. Trinkle, Sherman P. Lea, M. Rupert Cutler and Mayor David A. Bowers-7. ABSENT: Council Member Gwendolyn W. Mason-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, 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; and Sherman A. Stovall, Director, Management and Budget. BUDGET: The Mayor advised that the purpose of the meeting was to engage in Fiscal Year 2010-2011 budget study deliberations and finalize budget decisions, so that ordinances could be prepared and adopted at a continued reconvened Council meeting on Monday, May 10, 2010. I I I I 399 The City Manager called attention to the following items targeted for review: . Total Action Against Poverty (TAP) - CDBG Funding African American Male Studies Program . Total Action Against Poverty (TAP) - General Fund Allocation . Recommended Increase Jail Prisoner Care Fee . Virginia Cooperative Extension Funding . Virginia Community Crime Control Act Program - Crisis Intervention Center . Use of Excess Debt Funding . Civic Center Budget . Other/Miscellaneous Sherman M. Stovall, Director of Management and Budget, gave an overview of the following: . CDBG Human Services Funding o Option 3 - Fundina Adiustment · Do not fund Historic Rehabilitation Training - $25,000.00 · Fund Family Advocate Program - $26,614.00 · Fund African American Male Studies Program - $24,120.00 At this point, Council Member Price entered the meeting (8:55 a.m.) . TAP General Fund Allocation o Recommendation · Allow funding to be used to support functions . Define specific activities . Define expected outcomes . Report on outcomes . Jail Prisoner Care Fee o Sheriff Octavia Johnson declined increase in fee; and appeared in support of her decision. o Discussion was held regarding various fees charged to inmates during incarceration. o Maintain current fee of $1.00 per day; and dialogue will continue between City staff and Sheriff . Virginia Community Crime Control (VJCCCA) Act o Adjust State revenue $23,000 due to the additional reduction approved during the Reconvened Session of the General Assembly 400 . Virginia Cooperative Extension I o Restore funding in the amount of $63,800.00 . Council Training and Development, Meals and Memberships o Registration for the Annual Virginia Municipal League Annual Conference o Registration and travel for two Members of Council to attend the Annual National League of Cities Congressional Conference o Membership to the U. S. Conference of Mayors and registration and lodging for Mayor to attend both winter and summer conferences o Refreshments and meals to be provided during the Council meetings . Henry Street Festival o Provide additional funds for the Harrison Museum Henry Street Festival through Eventzone (For full text, see copy of documents on file in the City Clerk's Office.) Following dialogue, the City Manager was instructed to incorporate the abovementioned adjustments into the budget ordinance to be considered by the Council at its continued recessed meeting on Monday, May 10, 2010. There being no further business, the Mayor declared the meeting in recess at 12:30 p.m., until Monday, May 10, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, at which the Council will adopt the I City of Roanoke Recommended Fiscal Year 2010-2011 Budget. The recessed meeting of Roanoke City Council, which was called to order on Thursday, May 6, 2010 at 8:30 a.m., reconvened on Monday May 10, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. I The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. I I I 401 BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures enacting the City of Roanoke's 2010-2011 Fiscal Year Budget. BUDGET: The Director of Fina_nce submitted a communication certifying that funds required for the 2010-201 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, School Athletics Fund and Grant Fund budgets will be available for appropriation. (See Certificate of Funding on file in the City Clerk's Office.) Without objection by Oouncil, the Mayor advised that the Certificate of Funding would be received and filed. BUDGET-FEE COMPENDIUM-CITY CODE: The City Manager submitted a written communication recommending amendments of the City's Fee Schedule and City Code in connection with in connection with proposed fee and rate changes for parking ticket basic fines, parking ticket boot removal fee, building inspections, amusement devices, fireworks permit, fireworks retail sales permit, court cost fee for filed civil actions, engineering map production, library fines (regional), library community room rental, and Roanoke City Market spaces, effective July 1, 2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38793-051010) AN 'ORDINANCE amending Section 20-89(b), Penalties for unlawful parking, Division 3, Duties of Police Officers; Penalties for Unlawful Parkinq, Article IV, Stoppina. Standinq and Parkina, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended in order to increase the fine for certain parking violations; dispensing with the second reading by title of this ordinance; and providing for an effective date. (For full text of ordinance, see Ordinance Book No. 74, page 139.) Council Member Mason moved the adoption of Ordinance No. 38793-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. 402 Council Member Mason offered the following ordinance: (#38794-051010) AN ORDINANCE amending and reordaining Section 20-90, Immobilization of motor vehiclesaaainst which there are outstandina parkina violations, Division 3, Duties of Police Officers: Penalties for Unlawful Parkinq, Article IV, Stoppinq, Standinq and Parkina, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; pertaining to charging a "boot" removal fee on the immobilization of motor vehicles; dispensing with the second reading by title of this ordinance; and providing for an effective date. (For full text of ordinance, see Ordinance Book No. 74, page 142.) Council Member Mason moved the adoption of Ordinance No. 38794-051010. The motion ~as seconded by Co~uncil Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following resolution: (#38795-051010) A RESOLUTION amending the Fee Compendium to adjust fees for plumbing (water/sewer affidavits), existing elevator inspections, cross connection inspections, amusement devices inspections, and to establish new fees for coasters inspections, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 143.) Council Member Mason moved the adoption of Resolution No. 38795-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I I I I I I 403 Council Member Mason offered the following resolution: (#38796-051010) A RESOLUTION providing for adjustment of fees charged by the Fire/Emergency Medical Services Department for fireworks and bonfire permits, and to establish a new fee for retail sales permits for fireworks, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 145.) Council Member Mason moved the adoption of Resolution No. 38796-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following ordinance: (#38797-051010) AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 91-24, Assessment of court costs to defray expenses, providing for assessment by the City of a fee to be used for such purposes as may be permitted by Section 17.1-281, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance; and providing for an effective date. (For full text of ordinance, see Ordinance Book No. 74, page 146.) Council Member Mason moved the adoption of Ordinance No. 38797-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-D. Council Member Mason offered the following resolution: (#38798-051010) A RESOLUTION amending the Fee Compendium to adjust a current fee and create a new fee for map prints, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 147.) 404 Council Member Mason moved the adoption of Resolution No. 38798-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: I AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following resolution: (#38799-051010) A RESOLUTION providing for adjustment of fees charged by the Library Department for overdue fines, as set out below; and establishing an effective date. (Forfull text of resolution, see Resolution Book No. 74, page 148.) Council Member Mason moved the adoption of Resolution No. 38799-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor I Bowers-7. NAYS: None-O. Council Member Mason offered the following resolution: (#38800-051010) A RESOLUTION providing for adjustment of fees charged by ,the Library Department for damaged or lost library materials, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 149.) Council Member Mason moved the adoption of Resolution No. 38800-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I I I I 405 Council Member Mason offered the following resolution: (#38801-051010) A RESOLUTION providing for the establishment of certain fees as set out below to be charged for after hour use of the community rooms at the Jackson Park branch and the Gainsboro branch of the Roanoke City Public Libraries; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 74, page 151.) Council Member Mason moved the adoption of Resolution No. 38801-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. Council Member Mason offered the following res.olution: (#38802-051010) A RESOLUTION amending the Fee Compendium to adjust current fees and create new fees for use of Roanoke City Market Spaces (formerly Farmers' Market Curbage Rentals), as set out below; and establishi~g an effective date. (For full text of resolution, see Resolution Book No. 74, page 152.) Council Member Mason moved the adoption of Resolution No. 38802-051010. The motion was seconded by Council Member Trinkle and adopted' by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and. Mayor Bowers-7. NAYS: None-O. BUDGET: Council Member Cutler offered the following budget ordinance for adoption of the annual appropriations for the fiscal year beginning July 1, 2010 and ending June 30, 2011: . 406 (#38803-051010) AN ORDINANCE adopting the annual General, Civic Facilities, I Parking, Market Building, Department of Technology, Fleet Management,. Risk Management, School General, School Food Services, School Athletics and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2010, and ending June 30, 2011; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 1'55.) Council Member Cutler moved the adoption of Budget Ordinance No. 38803- 051010. The motion was seconded by Council Member Rosen. Council Member Cutler commented on the restored funding that had been appropriated for Virginia Cooperative Extension services, in the amount of $63,800.00. Council Member Rosen expressed appreciation to City staff for its efforts in working on the City budget. Council Member Price concurred in the comments offered by her colleagues. There being no additional comments from the Council Members, Budget Ordinance No. 38803-051010 was adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. I NAYS: None-O. Council Member Rosen offered the following ordinance for adoption of a of a Classification Plan for officers and employees of the City Plan for officers and employees of the City; authorization for certain salary increments; continuation of a Firefighter/Emergency Medical Technician merit pay program and a Community Policing Specialist program; payment of a monthly stipend to certain board and commission members; and continuation of the temporary salary reductions of the Mayor, Vice-Mayor and Members of CounCil, effective July 1, 2010: (#38804-051010) AN ORDINANCE authorizing the City Manager to promulgate a Classification Plan for officers and employees of the City effective July 1, 2010; 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 I I I I 407 for employees performing fire inspector duties; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community 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; continuing the temporary salary reductions 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. 74, page 164.) Council Member Cutler moved the adoption of Ordinance No. 38804-051010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. BUDGET-CAPITAL IMPROVEMENTS: The City Manager submitted a written, communication recommending transfer/appropriation of funds in connection with capital projects funding. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following budget ordinance: (#38805-051010) AN ORDINANCE to appropriate funding for the FY 2011-2015 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2010-2011 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 168.) Council Member Cutler moved the adoption of Budget Ordinance No. 38805- 051010. The motion was seconded by Council Member Rosen and adopted by the 'following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. 408 BUDGET-ECONOMIC DEVELOPMENT-GREENWAYS-RECREATION: The I City Manager submitted a written communication recommending appropriation of FY201 0-2011 funds for the YMCA Aquatic Center and greenway projects: Council Member Cutler offered the following budget ordinance: (#38806-051010) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Greenways Development Projects and the YMCA Aquatic Center, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 169.) Council Member Cutler moved the adoption of Budget Ordinance No. 38806- 051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. . NAYS: None-O. I BUDGET-ECONOMIC DEVELOPMENT-ENTERPRISE ZONES: The City Manager submitted a written report recommending appropriation of FY2011 funds for Enterprise Zone: (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38807-051010) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 170.) Council Member Cutler moved the adoption of Budget Ordinance No. 38807- 051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. I I I I 409 GRANTS-HOUSING: The City Manager submitted a written communication recommending approval of the 2010-2015 HUD Consolidated Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38808-051010) A RESOLUTION approving the 2010-2015 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Consolidated Plan, and to execute and submit any necessary documents pertaining thereto, to the United States Department of Housing and Urban Development (HUD) for final review and approval. (For full text of resolution, see Resolution Book No. 74, page 171.) Council Member Mason moved the adoption of Resolution No. 38808-051010. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Price, Rosen, Trinkle, Cutler, Lea, Mason and Mayor Bowers-7. NAYS: None-O. There being no further business, the Mayor declared the continuation of recessed meeting adjourned at 2:26 p.m: APPROVED ATTEST: ~h1.lYJo~ Stephanie M. Moon, CMC City Clerk ~u__~ ~ D~ A. ower~-~-.- Mayor 410 May 17, 2010 2:00 p.m. I ROANOKE CITY COUNCIL-REGULAR SESSION The Council of the City of Roanoke met in regular session on Monday, May 17, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers 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. 38502-070609 adopted by the CounCil on Monday, July 6, 2009. PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1 . The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City. Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. The Invocation was delivered by The Reverend Tim Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-POLICE: Vice-Mayor Lea offered -the following resolution paying tribute to Officer N.D. Comas for his heroic efforts on April 24, 2010: (#38809-05171,0) A RESOLUTION paying tribute to Officer N. D. Comas for his exemplary service to the citizens of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 172.) I I I I 411 Vice-Mayor Lea moved the adoption of Resolution No. 38809-051710. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-5. NAYS: None-O. (Council Member Price was absent.) The Mayor presented a ceremonial copy of Resolution No. 38809-051710 to Officer Comas. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. YOUTH: Helen Davis appeared before the Council and expressed concern about discrimination against children playing sports through the Youth Athletic Council and Parks and Recreation Department. ECONOMIC DEVELOPMENT: Marion Ware appeared before the Council and spoke about the decline of black-owned business in the City of Roanoke. ECONOMIC DEVELOPMENT: Chris Craft appeared before the Council and spoke about the business development in the Roanoke Centre for Industry and 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 Monday, February 1, 2010, were before the body. (See Minutes on file in the City Clerk's Office.) 412 , Council Member Mason moved that Council dispense with the reading of the I minutes and approve as recorded. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, June 7, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property to Scott and Ascension Horchler located along the southern line of Morningside Street, S. E., containing the former Buena Vista Recreation Center, 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 as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-5. I NAYS: None-O. (Council Member Price was absent.) BONDS-SCHOOLS-CAPIT AL PROJECTS: A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 7, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of Qualified School Construction Bond (QSCB) funding for school capital projects; and a communication from the Roanoke City School Board requesting Council's concurrence in the request of the Director of Finance, were before the body. (See communications on file in the City Clerk's Office.) I I I I 413 Council Member Mason moved that Council concur in the request of the Director of Finance as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) BONDS-CAPITAL PROJECTS: A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 21, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to authorize the issuance of debt for capital projects, 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 Director of Finance as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) COMMITTEES-ROANOKE VALLEY GREENWAY COMMISSION: A communication from the City Clerk advising of the resignation of Elizabeth D. Rhine as a member of the Roanoke Valley Greenway Commission, effective April 30, 2010, was before the Council. (See communication on file in the City Clerk's Office) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) 414 COMMITTEES-FAIR HOUSING BOARD: A communication from the City Clerk I advising of the resignation of Marie Greene as a member of the Fair Housing Board, effective May 7, 2010, was before the Council. (See communication on file in the City Clerk's Office) Council Member Mason moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) COMMITTEE-TOWING ADVISORY BOARD: A communication from the City Clerk advising of the resignation of James Fazio as a member of the Towing Advisory Board, effective March 30, 2010, was before the Council. (See communication on file in the City Clerk's Office) Council Member Mason moved that Council accept the resignation and receive I and file the communication. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) CITY COUNCIL-ELECTORAL BOARD: A communication from Laverne L. Grigsby, General Registrar, transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on May 4, 2010, was before the Council. (See communication on file in the City Clerk's Office) I I I I 415 Council Member Mason moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) TREES: A communication from John Rosenow, Chief Executive, Arbor Day Foundation, congratulating the City of Roanoke on being named a Tree City USA community for 2009, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the communication be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: , AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) OATH OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM- COMMUNITY CRIMINAL JUSTICE POLICY BOARD: Report of qualification of the Honorable Octavia Johnson as a City representative to the Court Community Corrections Program, and Community Criminal Justice Policy Board, for a three-year term of office ending June 30, 2013, 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 Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) 416 REGULAR AGENDA I PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: STAR CITY SOCCER FOUNDATION: Landon Moore, Director, Star City Soccer Foundation, appeared before the Council and gave a presentation regarding the importance of assisting the refugee and immigrant population in Roanoke to learn to speak English. Mr. Moore explained that the role Star City Soccer has played in said assistance and asked for the Council's support as a partner in this effort. (See handout on file in the City Clerk's Office.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: STREETS-BUDGET: The City Manager submitted a written communication I recommending authorization and appropriation of funds to complete a street-improvement project at the intersection of Orange Avenue and Blue Hills Drive, N. E. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38810-051710) A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements to complete a street-improvement project at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., in the City of Roanoke, which is being funded by the Federal Highway Safety Improvement Program and the Virginia Department of Transportation. (Forfull text of resolution, see Resolution Book No. 74, page 173.) I I I I 417 Council Member Mason moved the adoption of Resolution No. 38810-051710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) Council Member Mason offered the following budget ordinance: (#38811-051710) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to the Intersection Site Distance Improvement project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 174.) Council Member Mason moved the adoption of Budget Ordinance No. 38811- 051710. The motion was seconded by Council Member Trinkle and adopted by the following vote: ( AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) INDUSTRIES: The City Manager submitted a written communication authorizing execution of a second amendment to the New River Valley Commerce Park Project Participation Agreement. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following ordinance: (#38812-051710) AN ORDINANCE approving a Second Amendment to the New. River Valley Commerce Park Project Participation Agreement; authorizing the Mayor and the City Clerk to execute and attest, respectively, such Second Amendment; authorizing the Mayor and/or the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Second Amendment; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 175.) 418 Vice-Mayor Lea moved the adoption of Ordinance No. 38812-051710. The I motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) BUDGET-ARTS: The City Manager submitted a written communication recommending transfer of funds in connection with recommendations of the Roanoke Arts Commission for funding to specific agencies for Fiscal Year 2010-2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38813-051710) A RESOLUTION concurring in the recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's ("Committee") allocation of City funds to various nonprofit agencies and for performance audits in connection thereto for Fiscal Year 2010-2011. (For full text of resolution, see Resolution Book No. 74, page 177.) I Council Member Cutler moved the adoption of Resolution No. 38813-051710. The motion was seconded by Council Member Mason. Council Member Cutler inquired as to why Blue Ridge Public Television and Roanoke Ballet Theatre did not submit applications, and why Mill Mountain' Zoo does not appear on the spread sheet; whereupon, Susan Jennings, City Arts and Culture Coordinator, advised that the organizations chose not to apply this year, adding that Mill Mountain Zoo missed the mandatory funding workshop. Council Member Cutler also asked about the Eleanor D. Wilson Museum; whereupon, Ms. Jennings replied that it was the art museum at Hollins University. There being no additional questions and/or comments by the Council, Resolution No. 38813-051710 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. I (Council Member Price was absent.) I I I 419 Council Member Cutler offered the following budget ordinance: (#38814-051710) AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 178.) Council Member Cutler moved the adoption of Budget Ordinance No. 38814- 051710. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) COMMENTS BY CITY MANAGER: POLlCE-L1BRARIES-CELEBRATIONS-SPECIAL EVENTS: The City Manager shared that an open house for the new Police Training Academy was held on Sunday afternoon and Police Chief Joe Gaskins presented the department's Medal of Valor to Roanoke Officers Bryan Lawrence and N. D. Comas at the event. He also said the annual Local Colors Festival was held on Saturday in Elmwood Park, and this year marks the 20th anniversary of the event. In addition, he stated that more than 90 culture groups who live in Roanoke were represented at the festival. Furthermore, the City Manager reported that Roanoke Public Libraries was currently featured in an online article for the Library Journal, a national publication titled, "Using Events to Redefine the Library." He also read a quote from the article that commended Roanoke Public Libraries for its use of events to redefine its libraries. Finally, he reminded Council that Festival in the Park will be held Memorial Day weekend - May 28 - 31, and that the event celebrates art, music and family. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 420 MOTIONS AND MISCELLANEOUS BUSINESS: I INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: GREENWAYS: Council Member Cutler shared that he received a memo regarding work to create neighborhood access to the Lick Run Greenway and said he was pleased to see City departments working with City neighborhoods to provide this access. MARKET: Mayor Bowers asked for confirmation that a report would be forthcoming to the Council on June 7 regarding the Market Building renovation project. The City Manager confirmed that a progress report would be presented to the Council that day at the 2:00 p.m. meeting and would be televised for viewing by the public, adding that City staff would notify stakeholders about the date for the presentation of the report to the Council. Mayor Bowers asked if the report would be available to the media and citizens; whereupon, the City Manager responded in the affirmative. The Mayor noted that his main concern was the City's relationship with the tenant and the amount of historic tax credits the City would be able to utilize. Vice-Mayor Lea requested additional information regarding the historic tax credits, especially with regard to Center in the I Square. With regard to the abovementioned project, Mayor Bowers inquired about a timeline for the closing of City streets; whereupon, the City Manager remarked that the streets would remain open, however, some of the sidewalks would be closed to allow streetscape improvements. At 3:03 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. I I I 421 The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6,1981, the City Clerk having advertised a public hearing for Monday, May 17, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of City of Roanoke School Board to amend a Planned Unit Development Plan dated March 3, 2010, and to amend proffered condition No. 1 on property located at 2102 Grandin Road, S.W., Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of using the former Raleigh Court Elementary School for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, the amended proffer to read as follows: 1) The property will be developed in substantial conformity with the Development Plan prepared by Alfred O. Chevalier, dated March 3, 2010, and Utility Plan prepared by Rife + Wood Architects dated December 5,2005, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 30, 2010 and Friday, May 7, 2010. (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, finding the application for the adaptive reuse of the former Raleigh Court Elementary School for programs run by Total Action Against Poverty to be consistent with Vision 2001-2020, the Grandin Court and Greater Raleigh Court Neighborhood Plans, and the City's Zoning Ordinance, adding that the request provides for the continued service of a vacated City facility while maintaining a cohesive campus setting for educational facilities and community services. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38815-051710) 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 amending a proffer and the Planned Unit Development Plan pertaining to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus); and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 179.) 422.' Council Member Rosen moved the adoption of Ordinance No. 38815-051710. I The motion was seconded by Council Member Mason. Curt Baker, Deputy Superintendent, Roanoke City Public Schools, appeared before the Council in support of the request of the Roanoke City Board. The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. Council Member Cutler inquired when the remaining modular unit would be removed from the site; whereupon, Mr. Baker replied that the schools were contracting services for removal of the unit and it is anticipated that the unit will be removed before June 30, 2010. There being no additional questions and/or comments by the Council Members, Ordinance No. 38815-051710 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) FIRE-CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 17, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey Cit~-owned property, designated as Roanoke City Tax Map No. 2420202, being 514 24tStreet, N. W., otherwise known as Fire Station #9, to Mahlon P. and Patricia H. Maxey. The property proposed to be conveyed is adjacent to property owned by Mahlon P. Maxey, known as Roanoke City Tax Map No. 2420204, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 7,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending executiqn of a deed providing for the conveyance, in the amount of $100,024.12, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) I I I I I 423 Council Member Lea offered the following ordinance: (#38816-051710) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 514-24th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #9, bearing Official Tax No. 2420202, to Mahlon P. Maxey and Patricia H. Maxey, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 181.) Council Member Lea moved the adoption of Ordinance No. 38816-051710. The motion was seconded by Council Member Mason. The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38816-051710 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Cutler, Lea, Mason, and Bowers-6. NAYS: None-O. (Council Member Price was absent.) CITY PROPERTY-FIRE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 17, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey City-owned property to Rebuilding Together, Roanoke, Inc., designated as Roanoke City Tax Map No. 2212317, being 216 12th Street, N. W., Roanoke, Virginia, otherwise known as "the former Fire Station #5", the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 7, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a deed for consideration in the amount of $12,768.00, subject to approval as to form by the City Attorney. (For full text, see communication on file in.the City Clerk's Office.) 424 Inasmuch as he serves on the Board of Directors, Mayor Bowers advised that he I would abstain from voting and participating in any discussions regarding the matter. At this point, the Mayor relinquished the Chair. Vice-Mayor Lea inquired as to whether there were persons present wishing to speak on the matter. Jamey Bonds appeared before the Council and spoke in support of proposal No.2 - a firefighter for the City desiring to utilize the building in order to restore fire apparatus. Kit Hale appeared before the Council and spoke in support of the proposal of Rebuilding Together Roanoke, Inc. Ed Murray appeared before the Council and spoke in support of the proposal of Rebuilding Together Roanoke, Inc. Earl Saunders appeared before the Council and spoke in support of the proposal of Rebuilding Together Roanoke, Inc. Annette Lewis appeared before the Council and spoke in support of the proposal I of Rebuilding Together Roanoke, Inc. A. L. Holland appeared before the Council and spoke in support of the proposal of Rebuilding Together Roanoke, Inc. Joseph Hancock appeared before the Council and spoke in support of the proposal of Omega Psi Phi Fraternity, Inc'/Que House, Inc. Karen Mason appeared before the Council and spoke in support' of the proposal of Rebuilding Together Roanoke, Inc. Angela Penn appeared before the Council and spoke in support of the proposal of Rebuilding Together Roanoke, Inc. George Miller appeared before the Council and spoke in support of the proposal of Gamma Alpha Chapter of Omega Psi Phi Fraternity, Inc'/Que House, Inc. (See copy of proposal submitted by Que House, Inc., on file in the City Clerk's Office.) Evelyn Bethel appeared before the Council and spoke in support of the proposal of Omega Psi Phi Fraternity, Inc'/Que House, Inc. I I I I 425 There being 'no additional speakers, the Vice-Mayor declared the public hearing closed. Vice-Mayor Lea pointed out that according to State statute, City Council must approve the conveyance by a three-fourths majority (six affirmative votes), and pointed out that Mayor Bowers had recused himself from the public hearing and Council Member Price was absent. . Council Member Trinkle asked for clarification since proposals had been submitted; whereupon, the City Attorney advised that this was not a bidding process, but a policy procedure, adding that the purpose of the public hearing was to seek input from the public on the matter; and if the Council desired, the matter 'Could be continued for further study until a decision was made. Council Member Trinkle agreed that additional information be gathered and thereafter, a decision be made at a later date. Following dialogue, Council Member Cutler moved that the discussion of the matter be continued until its next regular meeting on Monday, June 21 at 2:00 p.m. The motion was seconded by Council Member Mason and adopted. HEARING OF CITIZENS UPON PUBLIC MA TIERS: The Mayor advised 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. MISCELLANEOUS: Robert Gravely appeared before the Council and spoke about regulations and restrictions of personal credit options regarding pay day loan companies, which Includes community banks, credit unions, local automobile dealerships, and retail layaway plans. He distributed a flyer relating to his remarks. (See copy of flyer on file in the City Clerk's Office.) POLICE-YOUTH: Jeff Artis, President, SCLC, appeared before the Council and spoke about education of gangs. He also mentioned the celebration of the Juneteenth Program. 426 Following in depth dialogue, comments were referred to the City Manager. There being no further business to come before the Council, the-Mayor declared the meeting adjourned at 7:56 p.m. APPROVED ATTEST: ~~.h;hvJ Stephanie M. Moon, CMG. City Clerk 9- David A. Mayor I I I I I I 427 ROANOKE CITY COUNCIL-REGULAR SESSION June 7,2010 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, June 7, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen and Mayor David A. Bowers-6. ABSENT: Vice-Mayor Sherman P. Lea-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: James Grigsby, Assistant City Manager for Operations; William M. Hackworth, City Attorney; John Bingham, Assistant Director of Finance; and Stephanie M. Moon, City Clerk. COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that the Council concur in request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) I I 428 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 annual performance evaluations of certain Council-appointed Officers, pursuant to Section 2.2-3711 (A)(1), 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 the Council concur in request of the Chair of the Personnel Committee to convene in Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor 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. I AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. ~ Governor's Commission of Reform - share suggestions from Virginia Municipal League with the Council ~ Address concerns regarding ADA compliance for physically challenged raised by Sherry Lance, ADA Coordinator, Virginia Western Community College ~ Respond to Duane Howard regarding the change in deadline for receipt of personal property taxes . ~ Arts/Cultural Plan - adoption by the Council in the fall and implementation in the winter BRIEFINGS: I I I I 429 Roanoke Redevelopment and Housina Authoritv - Amendment No. 1 to Redevelopment Plan - South Jefferson Redevelopment Area Mark Loftis, Legal Counsel for the Housing Authority, gave a brief summary of the proposed Amendment No. 1 to the South Jefferson Redevelopment Area. Mr. Loftis advised that the amendment proposes substantive amendments to certain parts of the Redevelopment Plan which have been necessitated by changes in State law including, but not limited to, restrictions on the use of eminent domain, which become effective as it pertains to the Redevelopment Plan on July 1, 2010, adding that in the future, any acquisition of property by eminent domain with the Redevelopment Area would be conducted only as permitted under current State Code and/or other applicable laws, and would be conditioned upon further action of the Housing Authority Board of Commissioners approving the use of eminent domain and setting out other findings required by law. Mr. Loftis explained that the proposed amendment would remove the "to be acquired" designation from remaining properties not currently included in a condemnation proceeding in the South Jefferson Redevelopment Area, and replace it with a designation of "to be considered for acquisition"; and under the amendment, the Housing Authority would not actively seek to acquire any additional properties in the South Jefferson Redevelopment Area, but would only consider acquisition of any property so designated through voluntary transactions with landowners or acquisitions at the request of landowners, subject to availability of funding from the City of Roanoke. In closing, Mr. Loftis pointed out that the amendment also describes activities that have been undertaken to date under the Redevelopment Plan, and describes current conditions in the redevelopment area and ongoing revitalization and redevelopment activities undertaken by private property owners; and that it is desirable and appropriate that certain aspects of the Redevelopment Plan remain operative in order to control, direct and assist the ongoing and future development of remaining parcels still in need of redevelopment. (For full text, see copy of Amended South Jefferson Redevelopment Plan on file in the City Clerk's Office.) Council Member Mason asked if current activities and upcoming legislation would require the City to revise the South Jefferson Redevelopment Plan; whereupon, the City Attorney responded that changes were made in 2007 and the City would use eminent domain only in limited circumstances, such as when a property's title is unknown. Mr. Loftis indicated that the Housing Authority was reviewing all redevelopment plans, and would amend any that remain open to comply with State law, adding that the plans would have to come before the Council for approval. He noted that the Gainsboro Redevelopment Plan was the only one anticipated to require amendment. 430 Council Member Rosen inquired if redevelopment plans were still in progress; whereupon, Mr. Loftis responded that the Plans that were inactive would be closed. Council Member Trinkle inquired as to when the development on Jefferson Street would be closed out; whereupon, Mr. Loftis stated that it was hard to determine, but estimated a time period within the next five years. Council Member Cutler inquired if there were other actions required to meet State law for the Jefferson Street Redevelopment Area; whereupon, Mr. Loftis reported that several properties had been acquired through private transactions, adding that the Housing Authority would require those properties to follow the redevelopment area guidelines. There being no additional questions and/or comments by the Council, Mr. Loftis stated that the proposed Amendment No. 1 to the Redevelopment Plan - South Jefferson Redevelopment Area, effective June 30, 2010, would be placed on the Roanoke City Council docket for approval at the June 21 Council meeting. Mill Mountain Easement R. Brian Townsend, Assistant City Manager for Community Development, gave an update on the proposed Mill Mountain easement, sharing two options for establishing a conservation easement on Mill Mountain. (See copy of Summary of Salient Provisions on file in the City Clerk's Office.) Following questions and/or comments by the Council Members, Mr. Townsend stated that a public hearing regarding the matter would be heard by the Council on Monday, June 21 at 7:00 p.m. Air 2 (Art in Roanoke) Susan Jennings, Arts and Culture Coordinator, gave a presentation on the temporary public art pieces to be displayed in various locations throughout the quadrants of the City during fiscal year 2010-2011, adding that the art would be displayed from August 2010 until March 2011. Ms. Jennings shared the following information: I I I I · Temporary exhibition of outdoor works of art · Spread throLighout the City of Roanoke · GOCiI$ are to allow citizens to. interact with various forms of art in public spaces and make the city a more vital and livable community · Art may be purchased and added to the permanent collection I Calendar . .., . . . · December 20.09 - Approved as part of 20.10 work plan by City Council with a total budget of $34,000 · Jan, 201 () - Call to Artists distributed nationally .. March 2010 - Si?lectipl1 panel chosen by Roa.poke Arts, Commission reviewed 156 proposals from 66 artists io April 2010 - Recommendation-s of panel. approved by .' . , -. .... - , . Roa.nokearts commission io Summer of 2010 - Installations · August 2010 through MarCh 2012- On display I 431 432 I Panel Members it Sue Egbert, Artist, partn~r ih Gallery 108, RAe Member - .. ... <. . .. .. · Susan Koch, President, Raleigh GourtCivic League · . Sean Luther, Presidehfanq CEQ D6wnt()wt1 ROanoKe Inc. . ". . · Amy G Moorefield, Executive Director; Eleanor D. Wilson Museum atHoUins, RAC Member . · Eliz~peth Mortlock, Pastor Mount Ple~santlJhiteq Methodist ChurCh' . . . . . . .. - -- - · DamonV,\/illiam$, Regional.CRA Gfficer, Mid-Atlantic Region First Citizens Bank · DickWHli$, V.P. R&D, Soft Solutions I Criteria Used by Panel · The artist's past experience · QUality and design of the art · Appropriateness for the siteil1cluding aesthetic content and public safety · Feasibility given timeline and budget · Durability - the ability of the art to withstand weather and public interaction over the eighteen month period I I Locations Ir- B ~ 2.0'1" ~n f)~.r,,:\~Clp"f: II ~po~rv~Jbftl~ · NurnberSev'en Fire Station on Memorial Ave. · South Roanoke Village ,area · W.illiamson Road Library · Corner of Campbell Ave. arid Third St. · Trai I Head of Lick' Run Greenway ay Valley 'View .SunTrust Plaza behind Market Square Garage · Vie Tho'mas Park I Marketing .~ '-III ~~rory · Communications department resources · New AI R brochure · Web site -wWw,artinroanoke.org · Community events to coincide with installations when possible I 433 434 (For full text, see copy of presentation on file in the City Clerk's Office.) I Council Member Cutler asked about the price of the art; whereupon, Ms. Jennings stated that the art varied, with most expensive piece being about $80,000.00, known as "Jellybean," with the "Glory Pipes" piece being around $10,000.00. Council Member Cutler congratulated Ms. Jennings and the Roanoke Arts Commission for the program, pointing out that this was something Roanoke had never had before. Council Member Cutler asked a question about a signpost or something to go at the Market Square location; whereupon, Ms. Jennings responded that the matter had been discussed with the Director of Parks and Recreation and a recommendation would be forthcoming. Following additional questions and comments by the Council, Mayor Bowers expressed appreciation to Ms. Jennings for the presentation. Bulk/Brush Pickup Schedule Skip Decker, Director of Solid Waste Management, gave the following presentation on upcoming changes to the collection of bulk and brush, effective July 6, I 2010: I 435 I I I 436 I I I I 437 I (See copy of presentation on file in the City Clerk's Office.) Mr. Decker responded to questions from the Council regarding the new schedule. In addition, he reported on the City's efforts to update the list of residents eligible for the City's Physically Challenge Program for solid waste collection. Discussion was held with regard to procedures and guidelines. I (See copy of communication to physically challenged resident, along with a application/agreement for physically challenged service and physician certification on file in the City Clerk's Office.) In connection with solid waste collection in the Central Business District, information regarding policy for operations regulation NO.1 (revised) was discussed. (See copy of revis'ed policy on file in the City Clerk's Office.) 438 Real Estate Rehabilitation Tax Abatement Proaram Susan Lower, Director of Real Estate Valuation, gave the following overview of the program: . . . . Q........ U.. T.'LI N... EO..........FP.......RE.SENTATION . . . - . . .... - . . - . . . Whafis the rehab prbSJram? .~~c~gr()u~~ 1 Qvervi~w . C39afsofthe. reh~bprogfam . 111 Terms for rehab abatement 111 Grap~sshovvihg re$lJlts()fcurren,t progrCirtl 111 Recominenged t~fine.rl'lEmtst() th~' reh~bp'rogfartl . Nextsteps . Questions' 2 I I I I WHAT IS THE REHAB PROGRAM? WI Ac:ity-\II/ide prqgramthaf was de,vel6ped tc) ,ehCo,uragerehabilitation; repair; <,lfld/o( replace rnent()ft,:lui Idingsi n the'CiW of RoanQl<e by prC)\,iiqi ng an irJcE)ntiv~ thr()LJgh~naQatementorJJeaLptoPerty t~xes.' ".... ". . . ..' . . iIil TheamOunt6f the taxabaterrieriti!) based;C)ntheincreaseiri,assessed,valueof each.building that has been repaired;reriovate'd.6(replaced. !$ Exarriple: Before Rehab Value $100,000 ~ After Rehab;VallJe $250;000 ~ Difference HfjO,gOQ 'Aba~~m~nt$1~Q,()00 (dif~~rerlc:e)X',Q119 ~tll~ rate) =$1,78$ RETllxeson $~50,000 =$2,975($250,OOO)(,01'1!}) . RE Taxesoii $~50,00oUsingthe Rehab program: $2,975- $1;785=$1,190. . Savings: $2,975....:$1,190= $1 ,78S'per yeah I B'efore and After Rehab I 439 3 4 440 Before and After R.ehab Before and After Rehab I 5 I 6 I I I I Before,andHAfter R.ehab, BACI(GROUND I' OVE.RVIEW i-.'---------~-'~Fn . E~tablished Rehab program in 1981 .. .. .. . . -Revrsed. Rehab Program in20dOand,2005 . EstC3,bli.$h~.d a Marketing Progr?trr . T~rget Neighborhoqds'- (Hi;;toriccH, Conservatiqn' and Rehab' Districts) . Establi$heid a TilTleline for Rehat> CompJetion . Progral1'llCsUnsets" onS yeafintervals 441 7 8 442 TAx,ABATEMENT PROGRAM GOALS . - ,., . . . ErlCPL.Jrag~R$hovC3tiQn of RJp'al Property ReVitalizJ~, Agin~la.hd 'Deteriorating Sttuctu res -Improve: QUaUty,Cbhd ition1ahdAppeatance bfNeighbOrhobd~ . EhcQurageHomeQwnership TERMS FOR REH.'AB ABATEMENT . .. '. '., .. - . ,. .'.". . 3years: If beforevalue on the residential building i$gr~at~r fhan$30QjOOO 1'1 5 years: -ditywideunlessthe building value is greater than $3QO,O()Q 10. years: H1. H2 Historical Districts Conservation Districts Rehab.O istricts 1'1 Additi6naI5Years:!50% redUction in the#()f residential units I ,~ g I 10 I I Rehabilitation Program PrOperties RehabiHtatlons ",....., TlI>o . ~~ . """",....., I CITY OF ROANOKE i ! ~~t;.~",:t,:,~~. -~: I I $:<'~mGll1" '~'!'~ ';:iAl'><t<~ A..! I 500 450 400 350 ; 300 .t:I S 250 :::J z 200 150 100 50 o I #of Propertie~ in City's Rehab T4ixAbatement Pr09rams FYOS FYOB FYfO Fyot FY08 FY09 Fiscal Year 443 11" 12' 444 Tax Levies on Properties .in. the City's Rehab Ja.x Abatement Programs $2,500,000 $2,000,000. .... c ~ ~ $1,500,000 ct ... ! $1,000,000 '0 c $500,000 Ell True Tax Amoullt III ACtual Tax Amount o TaxR~venue Foregone Age ofPh>perties in RetlabProgral'l1 SO 70 ($0 '" 1 50 c::.. -0 41> .. .! E 30 ::I Z $0 FYOS FVoS FY07 FYOa FY09 F'(10 Fiscal Year .20 10 o ~ . . .i:t'.~'" ~'" '.~...:')"" .~ . 1'>'" i.."'" ~"" -""'" ~..~ ~ ~.~ .~.~ ~ ~ ~ fS>,o--..~..." ~<::, ~-^'?> >$> @ ~~ -9>~-9> ;$'0$> rf>"'''~.s>. ~ ,'lS ,"'- ,<>> ,"'f" ,"l.,OO ,<:Ii ~ ,"> ,,~. -Velli' Built Range 11IIII 18()O to 1899 . 19001,01909. 11IIII 1!)1O to 1919. 11IIII 19UHO)929. 11II 1 in010 .1939 MWI; 1940 tC> 1949 11IIII .I9S(Ho 1959 1I!IlIl196Q (0 1%9 11IIII 1970 to 1979. 11II2000 002009 I 13 I 14 I I I I .. Ql ~ 150 :I z FY11 YTD Breakdown of Properties by'EligibleYrs in Program 300 250 200 100 50 o 3 Yrs 5 Yrs 10 Yrs Eligible Years 15 Yrs RECOMMENDED REFINEl\1ENTS TO THE PROGRAM . . .' .. .,.. . - . 445 .15 16 446 p:to:gram..R~qlli:te1l1ent$' Current Proposed AGE OF STRUCTURE . 25years residentialmi ni mum age, -25 years .colTlmerci aJ mi ni mum. age 40yearsresidenti almi nimumage no'change TERM 3yeaqerrn f()r resigeniial>$300,QOO 5yeartermCitYwide . . '1 O:yr~e~rnH1, ,1-;12" Reha,b, Conser" D.istricts +~xtra :5 yrt~ rrnt9reduce den~ity DENSITY NCl\ncrease i~,tl1en~rTlberDfdweUing units n(),c hE,! qQ~ no'change ,8Vrt~rriH1 ,H2,:Rehab, conser.D!~t: elimin~te~~ra 5yrfl:irredUCi:lgensity' AHowdensityto conibrmtb zoning ordinance'" , ".' ',." Other Recom:rritHidations ill To apply for rehab, owner must be current on all real estate taxes. l\I Toremain in the rehabprogram, taxes must be kept eLJ rrent l\I To remain in the rehab program, the.,buildings must complyv\lithth~ City's bUilding,zoningahd nUisance codes. .R~h~pi~ Vqiq .ifirnprov~mentvalu~ d~J~teases.t() a minimum value dueto afire or ActofGod. l\I Se,rvice [)i~triCt tax i~ t(jbe ba$~d()n rehabv<:iIU~, nqt assessed value. I 17 I 18 I I I I 447 Next Steps? ~'I PLiblic M'eefinQ schedUled fofJUne8that6pm in the EOG foorTl, II Request Council adoption of ordinance on June 21st RE3Vi$ed ProgrGlll1effectiveGl$ ofJLJly 1 sf 19 (For full text, see copy of presentation on file in the City Clerk's Office.) Discussion was held regarding the rehabilitation tax abatement, rehabilitation of commercial properties that were to be LEED certified using the tax abatement funds or building to LEED standard. There being no further discussion, it was announced that the matter would be voted on at the 7:00 p.m. session of Council on Monday, June 21, 2010. At 11 :42 a.m., the Council meeting was declared in recess for Closed Meeting until 2:00 p.m., in the Council Chamber, Room 450, fourth floor, 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, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, M. Rupert Cutler, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen and Mayor David A. Bowers-6. ABSENT: Vice-Mayor Sherman P. Lea-1. 448 The Mayor declared the existence of a quorum. OFFICERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development; William M. Hackworth, City Attorney; John Bingham, Assistant Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bow~rs. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: SISTER CITIES: The Mayor recognized a delegation from the City of Opole, Poland, one of Roanoke's Sister Cities. CITIZEN OF THE YEAR-DECEASED PERSONS: Council Member Cutler offered the following resolution memorializing William Hamilton "Ham" Flannagan, longtime Administrator of Roanoke Memorial Hospital and 1986 Citizen of the Year: I (#38817-060710) A RESOLUTION memorializing the late William Hamilton "Ham" Flannagan, longtime leader of Roanoke Memorial Hospital and 1986 "Citizen of I the Year." (For full text of resolution, see Resolution Book No. 74, page 183.) Council Member Cutler moved the adoption of Resolution No. 38817-060710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) The Mayor presented a ceremonial copy of Resolution No. 38817-060710 to the Flannagan Family. 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. I I I I 449 RACIAL PROFILING: Robert Gravely appeared before Council and spoke about racial profiling. PLOWSHARE PEACE CENTER: Michel Bentley, Brent Riley, Frank Munley, and Tom Nasta, representatives of the Plowshare Peace Center Advocacy Committee appeared before the Council to seek approval of a resolution drawing attention of its representatives in Congress to the need for a lasting Arab/Israeli peace. (See copy of proposed resolution on file in the City Clerk's Office.) Mayor Bowers advised that it was not appropriate for the Council to take action pertaining to international issues, and thereafter, it could not support the request. STREET VENDING: Ken Ison appeared before the Council and spoke about street vendors and urged the Council to table the matter until the economy improved or improvements had been made to the Market Building. SCHOOLS: David Carson, Chairman, Roanoke City School Board, appeared before the Council to express his appreciation to Council Members Cutler and Mason for attending the graduation ceremony and School Board meetings during their tenure on City Council. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of City Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Tuesday, February 16, 2010, was before the body. (For full text, see copy of 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 Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) 450 LEASES: A communication from the City Manager requesting that Council I schedule a public hearing for Monday, June 21, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the lease renewal of space to Hertz Corporation to operate an automobile rental establishment at 1302 Municipal Road, N. W., was before the body. (See communication on file in the City Clerk's Office.) Council Member Mason moved that the Council concur in the request of the City Manager regarding the abovedescribed matter. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Patricia A. Smith as a member of the Roanoke Neighborhood Advocates, effective May 14, 2010, was before the Council. Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: I AYES:. Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) ARCHITECTURAL REVIEW BOARD-CITY COUNCIL: A communication from the City Clerk advising of the resignation of Council Member-Elect Bill Bestpitch as a member of the Architectural Review Board, effective June 11, 2010, was before the Council. (See communication on file in the City Clerk's Office.) I I I I 451 Council Member Mason moved that the resignation be accepted and the communication be received and filed. The motionrwas seconded by Council Member Cutler and adopted by the following vote: AYES: ~ouncil Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) ROANOKE ARTS COMMISSION: A communication from the City Clerk advising of vacancies on the Roanoke Arts Commission created by change in residency by David Brown and lack of attendance of Lawrence Johns, was before the body. Council Member Mason moved that the communication be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) ROANOKE VALLEY ALLEGHENY-VIRGINIA'S FIRST REGIONAL-WESTERN VIRGINIA WATER AUTHORITY-BOARD OF FIRE APPEALS-GREENWAY COMMISSION-ROANOKE VALLEY JUVENILE DETENTION CENTER: Reports of qualification of the following individuals, were before the Council: Christopher P. Morrill to fill the unexpired term of Darlene L. Burcham as a City representative of the Roanoke Valley Allegheny Regional Comprehensive Economic Development Strategy Committee ending March 31,2011; R. Brian Townsend as a City representative to Virginia's First Regional Industrial Facility Authority for a four-year term of office ending June 30, 2014; John P. Bradshaw, Jr., as a City representative to the Western Virginia Water Authority Board of Directors for a four-year term of office ending June 30, 2014; John C. Moody, Jr., as a member of the Board of Fire Appeals for a four-year term of office ending June 30, 2014; 452 Kirk Bates as a member of the Local Board of Building Code Appeals for a term of office ending September 30, 2015; I James D. Ritchie as a City representative to the Roanoke Valley Greenway Commission to fill the unexpired term of Elizabeth D. Rhine ending June 30, 2010; and for a three-year term of office ending June 30, 2013; Donald Dillard as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30, 2013; and Jane R. Conlin and James O'Hare (Alternate Member) as City representatives to the Roanoke Valley Juvenile Detention Center Commission for four-year terms of office, each, ending June 30, 2014. Council Member Mason moved that the reports of qualification be received and filed. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor I Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) REGULAR AGENDA PUBLIC HEARINGS: BONDS-SCHOOLS: Pursuant to instructions by the Council, the City Clerk having scheduled a public hearing on Monday, June 7, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, in connection with the intention of the Council to consider approving the issuance by the City of its general obligation bond or bonds, in an amount estimated not to exceed $1,230,000.00, for the purpose of financing certain capital improvements and capital equipment for Preston Park Elementary School, Morningside Elementary School, Westside Elementary School and Monterey Elementary School in the City of Roanoke, the matter was before the Council. I I I I 453 Legal advertisements of public hearing was published in the Roanoke Times on Saturday, May 22, 2010 and Saturday, May 29, 2010; and the Roanoke Tribune on June 3, 2010. (See publishers' affidavit on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38818-060710r A RESOLUTION authorizing the issuance of a not to exceed $1,230,000.00 General Obligation School Bond, Series 2010A, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of resolution, see Resolution Book No. 74, page 185.) Council Member Mason moved the adoption of Resolution No. 38818-060710. The motion was seconded by Council Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Resolution No. 38818-060710 was adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) PETITIONS AND COMMUNICATIONS: MILL MOUNTAIN ZOO: Michael Janis, Director of Mill Mountain Zoo, appeared before the Council to share ideas for the future of the Zoo. He provided the Council with a summary of capital fund and various projects that the Zoo will be moving forward on. (See copy of information on file in the City Clerk's Office.) Following remarks, the Mayor expressed appreciation to Mr. Janis on his presentation to the Council. 454 REPORTS OF OFFICERS: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: HUMAN SERVICES-LEASES: The City Manager submitted a written communication recommending acceptance of the Virginia Institute for Social Service Training Activities (VISSTA) Award from the Virginia Department of Social Services; and execution of a lease agreement with First Campbell Square, LLC, for office space, for a period of five years, commencing July 1, 2010 and ending June 30, 2015. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38819-060710) A RESOLUTION authorizing the acceptance of a grant in the amount of $237,856.00 from the Virginia Department of Social Services (UVDSS") and authorizing the City Manager to execute a renewal letter with the VDSS for the continuation of the City's operation of the Virginia Institute for Social Service Training Activities (UVISST A") Piedmont Area Training Center, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 198.) Council Member Mason moved the adoption of Resolution No. 38819-060710. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) Council Member Mason offered the following ordinance: (#38820-060710) AN ORDINANCE authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of office space at 210 First Street, for use by the City of Roanoke to manage the Virginia Institute for Social Service Training Activities (UVISST A") Piedmont Area Training Center, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 199.) I I I I I I 455 Council Member Mason moved the adoption of Ordinance No. 38820-060710. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) HUMAN SERVICES-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Western Virginia Workforce Development Board Workforce Investment Act Programs-Program Year 2007 Exemplary Performance Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38821-060710) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 200.) Council Member Trinkle moved the adoption of Resolution No. 38821-060710. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-B. NAYS: None-O. (Vice-Mayor Lea was absent.) Council Member Trinkle offered the following budget ordinance: (#38822-060710) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY10 Exemplary Performance Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 200.) 456 Council Member Trinkle moved the adoption of Ordinance No. 38822-060710. I The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) EMERGENCY MEDICAL SERVICES-BUDGET: The City Manager submitted a written communication recommending appropriation of funds from the Federal Emergency Management Association in connection with expenses incurred during the snowstorm on December 18, 2009. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following budget ordinance: (#38823-060710) AN ORDINANCE to appropriate funding from the Federal Emergency Management Association to the Department of Public Works, amending and I reordaining certain sections of the 2009-2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 201.) Council Member Cutler moved the adoption of Budget Ordinance No. 38823- 060710. The motion was seconded by Council Member Mason. Council Member Mason expressed appreciation to City staff on efforts to seek reimbursement from the Virginia Department of Emergency Management and the Federal Emergency Management Association for expenses of overtime, chemicals and equipment usage resulting in snow removal on December 19, 2009. There being no additional questions and/or comments by the Council Members, Budget Ordinance No. 38823-060710 was adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. I (Vice-Mayor Lea was absent.) I I I 457 STATE HIGHWAYS-BUDGET: The City Manager submitted a written communication recommending adoption of a resolution to support participation in the Virginia Department of Transportation's Revenue Sharing Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38824-060710) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (V DOT) for funds from VDOT's Revenue Sharing Program in the amount of $1 million for the Route 605 (Old Mountain Road) Over Tinker Creek-Superstructure Replacement and Substructure Modifications Project within the City of Roanoke; and authorizing the execution of the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 202.) Council Member Mason moved the adoption of Resolution No. 38824-060710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) BUDGET-GRANTS-POLlCE: The City Manager submitted a written communication recommending appropriation of funds for State Asset Sharing and Federal Forfeited Property Sharing programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following budget ordinance: (#38825-060710) AN ORDINANCE to appropriate funding from the State Asset Sharing Program and Department of Justice Federal Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 203.) 458 Council Member Cutler moved the adoption of Budget Ordinance No. 38825- I 060710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) BUDGET-POLICE: The City Manager submitted a written communication recommending appropriation of revenue for law-enforcement off-duty billings. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38826-060710) AN ORDINANCE to appropriate funding to be received from outside parties to the Chief of Police and Sheriff's Public Safety Off-Duty Earnings accounts, amending and reordaining certain sections of the 2009-2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 204.) I Council Member Mason moved the adoption of Budget Ordinance No. 38826- 060710. The motion was seconded by Council Members Trinkle and Price and adopted by the following vote: AYES: Council Member Trinkle,. Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) BUDGET-BRIDGES: The City Manager submitted a written communication recommending appropriation of funds in connection with the rehabilitation of the Dr. Martin Luther King, Jr., Memorial Bridge Project. (For full text, see communication on file in the City Clerk's Office.) I I I I 459 Council Member Cutler offered the following budget ordinance: (#38827-060710) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and Western Virginia Water Authority to the Martin Luther King Bridge Construction Administrative Services account, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 205.) Council Member Cutler moved the adoption of Budget Ordinance No. 38827- 060710. The motion was seconded by Council Member Price. Council Member Cutler remarked that the rehabilitation of the Dr. Martin Luther King, Jr., Memorial Bridge Project required relocation and adjustment of water and sanity sewer facilities owned by the Western Virginia Water Authority, which were in the City of Roanoke rights of way, and the work was done with the knowledge and cooperation of the Water Authority staff, adding that since the Water Authority was responsible for the abovementioned work, it has subsequently reimbursed the City in the amount of $31,275.00. He questioned why the Water Authority was responsible for the cost of the City initiative; whereupon, the City Attorney replied that the Water Authority is not charged for use of all utility, water and sewage lines in the City rights of way. Council Member Cutler also asked if those rights of way were transferred to the Water Authority upon creation of the Western Virginia Water Authority. Mr. Hackworth explained that although the City licenses the rights of way, it still owns the streets, and as a condition to the Water Authority using the rights of way, City Council adopted a policy several years ago requiring the Water Authority to pay for its facilities in the City rights of way. There being no additional questions and/or comments by the Council Members, Budget Ordinance No. 38827-060710 was adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) 460 BUDGET-SCHOOLS: The City Manager submitted a written communication I recommending appropriation and transfer of additional funds in connection with the Comprehensive Services Act program. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#38828-060710) AN ORDINANCE to appropriate funding from the Commonwealth, billings to Roanoke City Public Schools, and salary lapse to Comprehensive Services Act, amending and reordaining certain sections of the 2009- 2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 206.) Council Member Trinkle moved the adoption of Budget Ordinance No. 38828- 060710. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. I (Vice-Mayor Lea was absent.) TOURISM-CONVENTION AND VISITORS BUREAU: The City Manager submitted a written communication recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a regional destination for convention and tourism. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38829-060710) A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau. for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. (For full text of resolution, see Resolution Book No. 74, page 207.) I I I I 461 Council Member Trinkle moved the adoption of Resolution No. 38829-060710. The motion was seconded by Council Member Cutler. Council Member Trinkle expressed excitement about working with the Convention and Visitors Bureau. He asked how the City knows if the Bureau is effectively branding, and what the measure of success would be for future reference. R. Brian Townsend, Assistant City Manager for Community Development, stated that the proposed contract before the Council requires the Convention and Visitors Bureau to provide a work program to the City Manager on or before the end of July, outlining specifically what the money will be used for, and any programmatic outcomes based on whatever is in their work plan for the forthcoming fiscal year. Council Member Trinkle asked if funding was contingent upon the work plan, and if the work plan would be transmitted to the Council at a future date; whereupon, Mr. Townsend responded that the Convention and Visitors Bureau will provide a work plan, including programmatic outcomes, to the City Manager by July 30, and thereafter, the information will be shared with City Council. Council Member Cutler asked how the contract differed from previous agreements with the Convention and Visitors Bureau; whereupon, Mr. Townsend replied that although the contracts were renewed yearly to confirm the amount of funding provided to the Bureau, the amounts have changed based on the last couple of years. Following additional comments regarding the proposed contract, Resolution No. 38829-060710 was adopted by the following vote: AYES: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) TAXES-VIRGINIA TECH: The City Manager submitted a written communication recommending execution of an agreement between the City of Roanoke and Carilion Clinic in connection with the payment of real estate taxes for the Virginia Tech-Carilion School of Medicine and Research Institute. (For full text, see communication on file in the City Clerk's Office.) 462 Council Member Mason offered the following resolution: I (#38830-060710) A RESOLUTION authorizing the City Manager to execute an agreement for payment of real estate taxes between the City of Roanoke and Carilion Clinic; authorizing the City Manager to take such actions and execute such documents as may be necessary to implement, administer and enforce such agreement. (For full text of resolution, see Resolution Book No. 74 page 208.) Council Member Mason moved the adoption of Resolution No. 38830-060710. The motion was seconded Council Member Cutler and adopted by the following vote: AYES: Council Member Cutler, Mason, Price, Rosen and Mayor Bowers-5. NAYS: . None-O. (Vice-Mayor Lea was absent.) (Council Member Trinkle abstained from voting since he is employed by Carilion Clinic.) PARKS AND RECREATION-ARMORY: The City Manager submitted a written communication recommending execution of Change Order No. 2 to the contract between the City of Roanoke and CST Environmental, LP, for demolition of the National I Guard Armory and Parks and Recreation buildings. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38831-060710) AN ORDINANCE authorizing the City Manager's issuance and execution of additional Change Orders to the City's Contract with CST Environmental Acquisition, LP (name used in Virginia by CST Environmental, LP) (hereafter CST) for additional work on the demolition of the National Guard Armory and Parks & Recreation Building Project; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Change Orders to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 209.) Council Member Mason moved the adoption of Ordinance No. 38831-060710. The motion was seconded by Council Member Cutler. I I I I 463 Council Member Cutler inquired if plans had changed regarding the demolition of the major buildings along Reserve Ave: the National Guard Armory, former Parks and Recreation Administrative Offices, and the Roanoke City Public Schools Maintenance Office; whereupon, the Assistant City Manager for Community Development replied that the long-term plan had not changed, adding that available funding was only sufficient to complete the demolition of the Armory and the Parks and Recreation buildings. Mr. Townsend stated that the Schools are planning to relocate the Building Maintenance functions to the former Ruffner Middle School facility at some point in the future, and once the relocation is completed, City staff will seek funding to complete the demolition of the building. Council Member Trinkle inquired if the site had been identified for parks and recreation uses; whereupon, Mr. Townsend advised that only in the interim would the site be used for recreation fields, soccer fields, etc, and City staff will discuss a five-year long range plan. with the Council at a Financial Planning Workshop on Monday, August 30, 2010. Council Member Trinkle inquired about the turf and seeding for the athletic fields. Mr. Townsend said that the athletic fields would be turfed to the extent as the former Victory Stadium fields since capital funding had been appropriated for those fields. Council Member Trinkle requested that parking and seating also be taken into consideration. There being no further discussion, Ordinance No. 38831-060710 was adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) CONSULTANTS-BRIDGES: The City Manager submitted a written communication recommending execution of separate amendments for consulting services in connection with the Transportation Structure Inspection Program. (For full text, see communication on file in the City Clerk's Office.) 464 Council Member Mason offered the following resolution: (#38832-060710) A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with AECOM USA, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (2008-2010); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself. (For full text of resolution, see Resolution Book No. 74, page 211.) Council Member Mason moved the adoption of Resolution No. 38832-060710. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) Council Member Mason offered the following resolution: (#38833-060710) A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with Mattern & Craig, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (2008-2010); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself. (For full text of resolution, see Resolution Book No. 74, page 212.) Council Member Mason moved the adoption of Resolution No. 38833-060710. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) I I I I I I 465 BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommending transfer of funds in connection with recommendations of the Human Services Advisory Board for funding to qualified agencies for Fiscal Year 2010-2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following resolution: (#38834-060710) A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various qualified agencies to assist such agencies in the performance of their programs for Fiscal Year 2010-2011, and authorizing the City Manager or his designee to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all the programs by such agencies. . (For full text of resolution, see Resolution Book No. 74, page 213.) Council Member Cutler moved the adoption of Resolution No. 38834-060710. The motion was seconded by Council Member Mason. Council Member Cutler noted that the Council was approving funds to support 47 programs offered by approximately 35 different nonprofit agencies, totaling about $430,000.00 of the City's General Fund. There being no additional comments by the Council Members, Resolution No. 38834-060710 was adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) Council Member Cutler offered the following budget ordinance: (#38835-060710) AN ORDINANCE to transfer funding to specific Human . Services Committee agencies, amending and reordaining certain sections of the 2010- 2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 214.) 466 Council Member Cutler moved the adoption of Budget Ordinance No. 38835- I 060710. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) COMMENTS BY CITY MANAGER. NONE. DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the month of April 2010. (For full text, see copy of the Financial Report on file in the City Clerk's Office.) Council Member Rosen remarked that the revenue shortfall looked a little larger than expected and asked how the City planned to handle issue. The Assistant Director of Finance replied that the revenue shortfall is projected to be 3.3% at the end of the year, and the City was currently at 3.1 %; and he is of the opinion that there will be some improvement at year end over the projected number of 3.3%. I Council Member Rosen said that they had started out at 1 .3% on the adopted budget and throughout the year, it has become 2% lower, and asked if this was correct; whereupon, Mr. Bingham responded in the affirmative regarding the budget for 2010, adding that he believes the City will look pretty good on the revenue side during the fiscal year. There being no further questions and/or comments by the Council, the Mayor advised that the Financial Report would be received and filed. PENSION-SHERIFF: The Director of Finance submitted a written report recommending authorization to pick-up ~mployee contributions on behalf of Virginia Retirement System Plan 2 for City of Roanoke Sheriff's Department officers and employees. (For full text, see report on file in the City Clerk's Office.) I I I I 467 Council Member Mason offered the following resolution: (#38836-060710) A RESOLUTION authorizing the City to pick-up the Employee's Contribution to the Virginia Retirement System (VRS) under 9 414(h) of the Internal Revenue Code for Plan 2 Employees of the City's Sheriff's Department. (For full text of resolution, see Resolution Book No. 74, page 216.) Council Member Mason moved the adoption of Resolution No. 38836-060710. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) CITY ATTORNEY: CITY CODE: The City Attorney submitted a written report recommending readoption and reenactment of the Code of the City of Roanoke (1979), as amended. (See copy of report on file in the City Clerk's Office.)' Council Member Rosen offered the following ordinance: (#38837-060710) 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. 74, page 217.) Council Member Rosen moved the adoption of Ordinance No. 38837-060710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) 468 REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; 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: (#38838-060710) AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 219.) I Council Member Mason moved the adoption of Budget Ordinance No. 38838- 060710. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Member Trinkle Culler, Mason, Price, Rosen and Mayor I Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting transfer of funds to resolve an outstanding audit finding from the Virginia Department of Education; 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 Cutler offered the following budget ordinance: (#38839-060710) AN ORDINANCE to transfer funding from the General Fund to Food Service Fund to resolve an outstanding obligation prior to the forthcoming Federal audit, amending and reordaining certain sections of the 2009-2010 School General and Food Service Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 221.) I I I I 469 Council Member Cutler moved the adoption of Budget Ordinance No. 38839- 060710. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. At 3:10 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 3:40 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Lea. COUNCIL: With the respect to the Closed Meeting 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 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 Council Member Cutler and adopted by the following vote: AYES: Council Member Trinkle Cutler, Mason, Price, Rosen and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Lea was absent.) 470 OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The I Mayor called attention to the: expiration of the three-year terms of office of Nathan L. Harper, Patice L. Holland, and Thomas L. McKeon; and vacancies created by the resignations of Adrienne Capallupo and John Carlin as members of the Roanoke Arts Commission on June 30, 2010; whereupon, he called for nominations to fill the vacancies. The names of Nathan L. Harper, Patice L. Holland, Thomas L. McKeon, David Mickenberg and M. Rupert Cutler were placed in nomination. There being no further nominations, Messrs. Harper, McKeon, and Ms. Holland were reappointed and Messrs. Mickeriberg and Cutler appointed to replace Ms. Capallupo and Mr. Carlin, respectively, for terms of three years, each, ending June 30, 2013, by the following vote: FOR MESSRS. HARPER, MCKEON, MICKENBERG, CUTLER AND MS. HOLLAND: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) (Since Mr. Harper and Mr. McKeon do not reside in the City, the City residency requirement was waived in this instance.) I OATHS OF OFFICE-CITY OF ROANOKE PENSION PLAN: The Mayor called attention to the expiration of the four-year term of office of David C. Key as a City representative, and expiration of the two-year term of office of Michael W. Hanks as a City retiree representative on June 30, 2010; and an unexpired term of George Taylor as a City representative ending June 30, 2013, of the City of Roanoke Pension Plan, Board of Trustees. Inasmuch as Mr. Hanks has served three consecutive complete terms of office, he is no longer eligible for reappointment to the same office for the next succeeding term; whereupon, the Mayor opened the floor for nominations to fill the vacancies. The names of David C. Key, James D. Grisso and Jeffrey Rakes were placed in nomination. I I I I 471 There being no further nominations, Mr. Key was reappointed as a City representative for a term of four years ending June 30, 2014, and Mr. Grisso was appointed to replace Mr. Hanks as a City retiree representative for a term of two years ending June 30, 2012, and Mr. Rakes was appointed to fill the unexpired term of George Taylor ending June 30, 2013, of the City of Roanoke Pension Plan, Board of Directors, by the following vote: . FOR MESSRS. KEY, GRISSO, AND RAKES: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) (Since Mr. Grisso does not reside in the City, the City residency was waived in this instance.) OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to the expiration of the three-year terms of office of Lauren D. Saunders and Herbert D. McBride on June 30, 2010, and the unexpired term of Michael L. Ramsey ending June 30, 2012 as members of the Roanoke Public Library Board. Inasmuch as Mr. McBride has served three consecutive complete terms of office, he is no longer eligible for reappointment to the same office for the next succeeding term; whereupon, the Mayor called for nominations to fill the vacancies. The name of Lauren D. Saunders, Jeanne M. Bollendorf and Linda "Leigh" R. Strelka. There being no further nominations, Ms. Saunders was reappointed and Ms. Bollendorf was appointed to replace Mr. McBride for terms of three years, each, ending June 30, 2013, and Ms. Strelka was appointed to fill the unexpired term of Michael L. Ramsey ending June 30, 2012, as members of the Roanoke Public Library Board, by the following vote: FOR MS. SAUNDERS, MS. BOLLENDORF AND MS. STRELKA: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) OATHS OF OFFICE-BOARD OF FIRE APPEALS: The Mayor called attention to the expiration of the four-year term of office of Johnny H. Johnson, Jr., as a member of the Board of Fire Appeals on June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. The name of Johnny H. Johnson, Jr., was placed in nomination. 472 There being no further nominations, Mr. Johnson was reappointed as a member I of the Board of Fire Appeals for a term of four years ending June 30, 2014, by the following vote: FOR MR. JOHNSON: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor called attention to a vacancy on the Architectural Review Board created by the resignation of William D. Bestpitch ending October 1, 2010; whereupon, the Mayor opened the floor. for nominations to fill the vacancy. The name of Warner N. Dalhouse was placed in nomination. There being no further nominations, Mr. Dalhouse was appointed as a member of the Architectural Review Board to fill the unexpired term of William D. Bestpitch ending October 1, 2010, by the following vote: FOR MR. DALHOUSE: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) I OATHS OF OFFICE-LOCAL OFFICE ON AGING: The Mayor called attention to a vacancy created by the expiration of the term of office of Robin Murphy-Kelso on February 28, 2010; whereupon, the Mayor opened the floor for nominations to fill the vacancy. The name of Beth Ann Christopoulos was placed in nomination. There being no further nominations, Ms. Christopoulos was appointed to replace Ms. Kelso as the City's representative to the Local Office on Aging Advisory Council for a term ending February 28, 2011, by the following vote: FOR MS. CHRISTOPOULOS: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) I I I I 473 OATHS OF OFFICE-MILL MOUNTAIN ADVISORY COMMITTEE: The Mayor called attention the expiration of the two-year terms of office Betty Field, Steven Higgs and E. C. Pace, III, as members of the Mill Mountain Advisory Committee on June 30, 2010. Pursuant to By-laws adopted on May 22, 2009, terms of office will be staggered beginning July 1, 2009; and each member may serve no more than two consecutive three year terms. The names Betty Field, Richard F. Walters and Dr. Nancy V. Dye. There being no further nominations, Ms. Field was reappointed, and Mr. Walters and Dr. Dye were appointed to replace Mr. Higgs and Mr. Pace, respectively, as members of the Mill Mountain Advisory Committee for terms of three-years, each, ending June 30, 2013, by the following vote: FOR MS. FIELDS, MR. WALTERS AND DR. DYE: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) OATHS OF OFFICE-PARKS AND RECREATION ADVISORY BOARD: The Mayor called attention to the expiration of the three-year terms of office of Kay J. Kelly, Robert H. McAden, Tanisha J. Nash and Michael Smith as a members of the Parks and Recreation Advisory Board on March 31,2010; whereupon, the Mayor opened the floor for nominations to fill the vacancies. The names of Pete Eshelman, William J. Modica, William West, E. Duane Howard. There being no further nominations, Mr. Eshelman replaced Ms. Kelly, Mr. Modica replaced Mr. McAden, Mr. West replaced Ms. Nash, and Mr. Howard replaced Mr. Smith as members of the Parks and Recreation Advisory Board for terms ending March 31, 2013, by the following vote: FOR MESSRS. ESHELMAN, MODICA AND WEST: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) (Since Messrs. Eshelman and Modica do not reside in the City, the City residency requirement was waived in this instance.) FOR MR. HOWARD: Council Member Trinkle, Cutler, Price, Rosen and Mayor Bowers-5. (Vice-Mayor Lea was absent.) (Council Member Mason voting no.) 474 OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE: The I Mayor called attention to the expiration of the four-year term of office of Barry W. Baird as a City representative of the Virginia Western Community College Board of Directors on June 30, 2010. Inasmuch as Mr. Baird has served two successive four-year terms of office, he is not eligible for reappointment to the Board for two years thereafter; whereupon, the Mayor opened the floor for nominations to fill the vacancy. The name of Douglas C. Waters was placed in nomination. There being no further nominations, Mr. Waters was appointed to replace Mr. Baird as a City representative of the Virginia Western Community College Board of Directors for a term of four years ending June 30, 2014, by the following vote: FOR MR. WATERS: Council Members Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) OATHS OF OFFICE-YOUTH SERVICES CITIZEN BOARD: The Mayor called attention to a vacancy created by ineligibility of Francine Craven as a member of the Youth Services Citizen Board for a term ending May 31, 2012; whereupon, the Mayor opened the floor for nominations to fill the vacancy. The name of Marcus E. Huffman was placed in nomination. I There being no further nominations, Mr. Huffman was appointed as a member of the Youth Services Citizen Board to fill the unexpired term of Francine Craven ending May 31,2012, by the following vote: FOR MR. HUFFMAN: Council Member Trinkle, Cutler, Mason, Price, Rosen and Mayor Bowers-6. (Vice-Mayor Lea was absent.) There being no further business, the Mayor declared the Council meeting adjourned at 3:44 p.m. APPROVED ATTEST: ~Yn. YY)o~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor I I I I 475 ROANOKE CITY COUNCIL-REGULAR SESSION June 21, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, June 21, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers 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. 38502-070609 adopted by the Council on Monday, July 6, 2009. PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by Dr. Maurita Wiggins, Valley Community Divine Science Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor asked that a Moment of Silence be observed in memory of the late Yvonne Kazaka Ferris, mother of newly-elected Council Member Rafael E. Ferris. PRESENTATIONS AND ACKNOWLEDGMENTS: DECEASED PERSONS: Council Member Mason offered the following resolution memorializing Judith Gaynell Miller St.Clair, a former Deputy City Clerk for the City of Roanoke: (#38840-062110) A RESOLUTION memorializing and paying tribute to Judith Gaynell Miller St.Clair for approximately forty-five years of dedicated service to the City of Roanoke. ,. (For full text of resolution, see Resolution Book No. 74, page 221.) 476 Council Member Mason moved the adoption of Resolution No. 38840-062110. I The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. The Mayor presented a ceremonial copy of Resolution No. 38840-062110 to the family of Mrs. St.Clair. ACTS OF ACKNOWLEDGEMENT: Council Member Rosen offered the following resolution paying tribute to.the Honorable M. Rupert Cutler, Council Member: (#38841-062110) A RESOLUTION paying tribute to the Honorable M. Rupert Cutler 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. 74, page 223.) Council Member Rosen moved the adoption of Resolution No. 38841-062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. The Mayor presented a ceremonial copy of Resolution No. 38841-062110 and gift basket to Council Member Cutler. ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following resolution paying tribute to the Honorable Gwendolyn W. Mason, Council Member. (#38842-062110) A RESOLUTION paying tribute to the Honorable Gwendolyn W. Mason, and expressing to her the appreciation of the City and its people for her exemplary public service. (For full text of resolution, see Resolution Book No. 74, page 224.) I I I I I 477 Council Member Cutler moved the adoption of Resolution No. 38842-062110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Mason abstained from the vote). The Mayor presented a ceremonial copy of Resolution No. 38842-062110 and Key to the City/gift basket to Council Member Mason. ACTS OF ACKNOWLEDGEMENT: Council Member Cutler offered the following resolution paying tribute to A. L. "Joe" Gaskins, retired Police Chief of the City of Roanoke: (#38843-062110) A RESOLUTION paying tribute to Chief A. L. "Joe" Gaskins on the occasion of his retirement upon twelve years of service with the City of Roanoke Police Department. (For full text of resolution, see Resolution Book No. 74, page 226.) Council Member Cutler moved the adoption of Resolution No. 38843-062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. The Mayor presented a ceremonial copy of Resolution No. 38843-062110 and Key to the City to retired Police Chief Gaskins. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. TAXES: Robert Gravely appeared before the Council and spoke about funds being returned to the community. POLICE DEPARTMENT: Shaheed Omar appeared before the Council regarding the Police Department and asked several questions surrounding an investigation of a shooting involving a police officer. 478 EASEMENT-MILL MOUNTAIN: Elliott Wheeler appeared before the Council in I favor of an easement to encompass as much of Mill Mountain as possible, as well as coin operated binoculars, an overview of the visible geographical features and a plaque honoring Frump-Frump the elephant at the top of Mill Mountain. MARKET BUILDING: Georgia Crump appeared before the Council to express thanks for inviting the current restaurant owners back to the Market Building following the renovations and for offering assistance with the cost. 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. PERSONNEL COMMITTEE: A communication from Council Member Gwendolyn W. Mason requesting that Council convene in a Closed Meeting to discuss annual performance evaluations of certain 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 Council Member Rosen moved that Council concur in the request of Council Member Mason as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL: A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, July 6,2010 at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed deed of reservation for a public storm drain easement in connection with the development of the Riverside Corporate Centre, was before the body. (See communication on file in the City Clerk's Office.) I I I I 479 Council Member Rosen moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS-FAIR HOUSING BOARD-ARCHITECTURAL REVIEW BOARD-MILL MOUNTAIN ADVISORY COMMITTEE-CITY OF ROANOKE PENSION PLAN-VIRGINIA WESTERN COMMUNITY COLLEGE BOARD-HUMAN SERVICES ADVISORY COMMITTEE- YOUTH SERVICES CITIZEN BOARD: Reports of qualification of the following individuals: Tim Jones as a City representative to the Court Community Corrections Program, Community Criminal Justice Policy Board, for a three-year term ending June 30, 2013; Marc K. Davis as a member of the Fair Housing Board for a three- year term of office ending March 31, 2013; Warner N. Dalhouse as a member of the Architectural Review Board to fill the unexpired term of William D. Bestpitch ending October 1, 2010; Richard F. Walters and Betty Field as members of the Mill Mountain Advisory Committee for three-year terms of office, each, ending June 30, 2013; Jeffrey E. Rakes as a City representative of the City of Roanoke Pension Plan, Board of Trustees, to fill the unexpired term of George F. Taylor ending June 30,2013; Douglas C. Waters as a member of the Virginia Western Community College Board of Directors for a four-year term of office ending June 30, 2014; Susan L. Reese as a member of the Human Services Advisory Board to fill the unexpired. term of Dale Edmonston ending November 30, 2010; and 480 Marcus E. Huffman as a member of the Youth Services Citizen Board to fill the unexpired term of Francine Craven ending May 31 , 2012. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason,' Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: City Market Buildinq Historic Rehabilitation Proiect The City Manager gave the following update on the City Market Building renovations: I I I I c City Market Building: Roanoke Icon I Current building condition does not honor its past . Plumbing system not updated since 1922 · Inadequate restroom facilities, solid waste facility, and grease collection . Poor kitchen exhaust systems · Over 25 years since last comprehensive update to building's interior/public spaces ~-~------~"''''.".= ~t.~"'$?i}.~,~~t"~'Z';.,r4,", ;;i;,;..:'~-:' __", -:q:'n:"._-~ f' I?:; ". j '"J mJ , ~ ) l ~:. k ,. ~ i L,,~ .,-.- - .,,' '...~. ' I 481 482 . Market Building Urban design context I ~~.~1'oU=, -.-~ .....!!ih~tJa,. ~ - \..jj Extensive analysis, research, and public engagement I . 2006 Study - Duany Plater-Zyberk & Company · 2009 - Cunningham Quill Architects I I Restoring and rejuvenating the City Market Building · Design that honors the past Better connects space to the Farmer's Market · Provides modern infrastructure · Makes building fully accessible I Restoring and rejuvenating the City Market Building I 483 484 I Innovative financial strategy · General obligation bonds · Cash · Historic tax credits - Financial structure . City of Roanoke . Economic Development Authority . Various general partnership and limited partnership entities . Market Building Foundation - Legal expertise critical to project . Gentry Locke Rakes & Moore, LLP - Bruce Stockburger >> Jefferson Center. Grandin Theatre, Roanoke Higher Education Center, Blacksburg Municipal Annex I Market Foundation provides community expertise to building management · Role of the Foundation - Seven-member board . Phil Davis, Hotel Roanoke Conference Center Commission . Beth Deel, Roanoke Regional Chamber of Commerce . Gordon Hancock, Economic Development Authority . Stephen Lemon, DRI representative . Sherman Stovall, City's Director of Management & Budget . Larry Davidson, At large . Doug Waters. At large · Recent activities of the Foundation - Organization, Selection of Officers - Adoption of bylaws, preparation for establishment of financial/governance structure · Future activities of the Foundation - Selection of facility manager/leasing agent - Establishment of rent structure/lease terms I 485 I Proposed assistance for current tenants · "Right of First Offer" to existing tenants as of July 1 ~ 2010, who remain "In Good Standing" until closure of the Building · Improvement allowance for returning tenants - Food Preparation Tenants . $20,000 - Retail/Non-Food Tenants. . $10,000 I Progress since we last met · January - Architect presented options for schedule - Council discussed condensed construction schedule, time up-front for contractor to order materials while building remains open · April - Architectural Review Board approval (Department of Historic Resources final approval still pending) · May 16 - Project advertised for competitive bids · June 2 - "Meet & Greet" and pre-bid meeting held · June 15 - Bids opened I 486 I Bid results · Six bids received · Three alternates requested 1. Replace large windows in the auditorium 2. Provide equipment in the catering kitchen 3. Condense schedule to open building seven weeks earlier · Status of bids Low bidder 10% below design consultant's final estimate I Schedule - Opened bids - Award construction contract - Pre-construction meeting - Issue notice to proceed. - Building closes to public - Tenants vacate the building - Building preparation, asbestos abatement, and mobilization · Sept. 27,2010 - Construction begins · Early April 2011 - Construction substantially complete; Tenants begin construction in leased spaces · End of May 2011- Building opens to public . June 15, 2010 · July 1,2010 · July 6,2010 . July 7,2010 . Sept. 6, 2010 · Sept. 12,2010 · Sept. 13,2010 I I Pro-active project management . Onsite construction management - >> Charlie Anderson, Engineering Division Daily inspections of work Weekly coordination meetings w/contractor, City Monthly progress meetings w/contractor, City and design team . Ongoing Communication by City "Team" Monthly construction reports issued, Cristina Finch (Engineering) Daily visits to nearby business owners >> Lisa So/tis (Economic Development) ,>Eddie Persinger (Engineering) Website - weekly updates ,) Melinda Mayo, Leah Goodman (Office of Communications) Facebook page, Lisa Soltis (Economic Development) Coordinate w/DRI. Farmer's Market, Center in the Square - festivals, events, proposed construction, etc., Lisa Soltis (Economic Development) I I City Team committed to successful outcome Melinda Mavo Publi<:lur.'rm;lti~n om~ l_h Goodmln Markc:lIJuildin.f WehMl1<\:!O Ud.Sollb C"mJmmiryUilifoUl ChArlif'.Andet"lMJn (.'OIlS\l'tlelion l'nti...,;:M:lNllF CrlstlnttFlnth Aui.U"'''lC....U;tructj(Jfl P,..+:etMllmlgt'l" I<;drlitl'e...-,;ingff COMl'UclionhlllflttlOl" .'raukHall'\' HlIll.'h\illlUJ~"r Will5looCurbft1 !>ir.:lMp<dor KarellSaul l:)wi~,\nnl,'''lIIIHt:Illlh Sllp.;o'j~ lllSnldlbl'-t:l fire MlImft.\U TrllUJ;pllrtlltluR Solid W.s:tc Emiro:amcntlll Management 487 488 I During construction . Two months for submittals (shop drawings), pre-ordering, RFls, etc. before starting major work in the building . Building and the staging area at Wachovia Plaza w/temporary fence - Looking into wrapping fence w/photo displays . Market Street and Wall Street - maintain one travel lane and parallel parking on street opposite Market Building (except temporarily while major utility work is performed) . Limit hours for material deliveries to building . Minimize impacts on adjacent properties I Critical path · Project award and contract execution · Issue notice to proceed · Actively engage nearby businesses and property owners . Construction begins after shop submittals, RFI's, etc. · Contractor mobilization I I I I 489 Our Goal Restore the City Market Building to its former prominence while upgrading infrastructure and amenities to create a centerpiece for the vibrant future of our downtown and region. (See copy of PowerPoint Presentation on file in the City Clerk's Office.) Council Member Price asked if any of the current vendors have indicated their intentions; whereupon, Mr. Morrill advised that not all vendors have responded. Council Member Mason asked if the roof had been replaced within the last few years; whereupon, Phil Schirmer, City Engineer, replied in the affirmative. She also asked about the cost of the roof and Mr. Schirmer said that the cost was approximately $125,000.00. Council Member Mason remarked that one of the things that had been found was the plumbing and pipes were so old that they were in danger of springing a leak. Mr. Schirmer confirmed that the pipes were in bad shape and they had not been touched since 1922 when the building was constructed. He indicated that the entire plumbing system would be replaced, adding that the HV AC system had been replaced in 2004 or 2005 along with the electrical switches. Council Member Mason wanted to make sure the public understood the creation of the Market Building Foundation was to attain historical tax credits; whereupon, the City Attorney explained that since the City of Roanoke does not pay taxes, it is not eligible to receive credits; and therefore a foundation had to be created. 490 Vice-Mayor Lea asked about the amount of historical tax credits that would be I returned; whereupon, the City Manager answered that the original estimate had been about $1.9 million, but as the cost of the construction decreases, the tax credits would decrease as well. Council Member Trinkle asked about the central vending area. and how many vendors the middle section could accommodate. R. Brian Townsend, Assistant City Manager for Community Development, advised that the section would accommodate one to four vendors. Council Member Cutler inquired as to the use of the third floor of the Market Building; whereupon, Mr. Townsend explained that a kitchen would be installed that would be more amenable to catering for receptions and restrooms. Following additional comments regarding the Market Building, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: SOUTH JEFFERSON REDEVELOPMENT PLAN: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the Redevelopment Plan for the South Jefferson Redevelopment Area. (For full text, see communication on file in the City Clerk's Office.) I Council Member Mason offered the following resolution: (#38844-062110) A RESOLUTION approving Amendment No. 1 to the Redevelopment Plan for the South Jefferson Redevelopment Area; providing for an effective date for such Amendment No.1; and providing for the City Clerk to take certain actions. (For full text of resolution, see Resolution Book No. 74, page 228.) Council Member Mason moved the adoption of Resolution No. 38844-062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I I I I 491 COMMUNITY DEVELOPMENT BLOCK GRANT-HOME INVESTMENT PARTNERSHIP PROGRAM-EMERGENCY SHELTER GRANT PROGRAM FUNDS: The City Manager submitted a written communication recommending acceptance and appropriation of 2010-2011 Community Development and Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program funds. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resolution: (#38845-062110) A RESOLUTION accepting the Fiscal Year 2010-2011 funds for the Community Development Block Grant Program, HOME Investment Partnerships Program, and the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). (For full text of resolution, see Resolution Book No. 74, page 232.) Council Member Trinkle moved the adoption of Resolution No. 38845-062110. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Trinkle offered the following budget ordinance: (#38846-062110) AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No; 74, page 233.) Council Member Trinkle moved the adoption of Budget Ordinance No. 38846- 062110. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. 492 BUDGET-LIBRARIES-TECHNOLOGY UPDATES: The City Manager submitted I a written communication recommending acceptance and appropriation of additional funds for library technology updates. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following resolution: (#38847-062110) A RESOLUTION authorizing acceptance of Phase II of the Bill & Melinda Gates Foundation Opportunity Hardware Grant to the City of Roanoke Library System by the Bill & Melinda Gates Foundation, and authorizing execution by the City Manager of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 237.) Council Member Mason moved the adoption of Resolution No. 38847-062110. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I Council Member Mason offered the following budget ordinance: (#38848-062110) AN ORDINANCE to appropriate additional funding from the Bill and Melinda Gates Foundation Opportunity Hardware Grant for library technology updates, amending and reordaining certain. sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 238.) Council Member Mason moved the adoption of Budget Ordinance No. 38848- 062110. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I I I I 493 BUDGET-WORKFORCE DEVELOPMENT-YOUTH: The City Manager submitted a written communication recommending acceptance and appropriation of additional funds for the Western Virginia Workforce Development Board Workforce Investment Act Youth Programs for Program Year 2009. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#38849-062110) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $39,809.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 239.) Council Member Price moved the adoption of Resolution No. 38849-062110. The motion was seconded by Couflcil Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers -7. NAYS: None-O. Council Member Price offered the following budget ordinance: (#38850-062110) AN ORDINANCE to appropriate additional funding from the Federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 240.) Council Member Price moved the adoption of Budget Ordinance No. 38850- 062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. 494 BUDGET-GIS-ONLlNE ELECTRONIC TRANSACTIONS: The City Manager I submitted a written communication recommending appropriation of funds for ongoing support of the City's Geographical Information Systems (GIS) and online electronic transactions (e-Gov). (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#38851-062110) AN ORDI NANCE to appropriate funding from the Department of Technology Retained Earnings to various Department of Technology projects, amending and re-ordaining certain sections of the 2009-2010 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 241.) Council Member Trinkle moved the adoption of Budget Ordinance No. 38851- 062110. The motion was seconded by Council Member Mason and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. I NAYS: None-O. RIGHT-OF-WAY-9TH STREET: The City Manager submitted a written communication recommending approval of an encroachment into the public right-of-way located at 1127 9th Street, S. E. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38852-062110) AN ORDINANCE authorizing the continuance of an existing encroachment caused by the property located at 1127-9th Street, S. E., extending into a portion of the City's right-of-way of Buena Vista Blvd., S. E., 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. 74, page 242.) Council Member Rosen moved the adoption of Ordinance No. 38852-062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: I I I I 495 AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. VALLEY METRO-BUS FARE-STUDENTS: The City Manager submitted a written communication recommending approval of a revised daily fare for Roanoke City Public School students. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Lea offered the following resolution: (#38853-062110) A RESOLUTION approving and establishing a revised daily one way fare of $0.75 for Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro issued Student ID, which will replace the current free daily one way student fare, for the Greater Roanoke Transit Company, dba Valley Metro (GRTC); establishing an effective date; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such fare increase. (For full text of resolution, see Resolution Book No. 74, page 243.) Vice-Mayor Lea moved the adoption of Resolution No. 38853-062110. The motion was seconded by Council Member Mason. For clarification purposes regarding the fare, the City Manager advised that because of budget challenges, City staff has tried to keep subsidy to the GRTC level which has actually increased, and because this service has been free for several years, the decision was made to add the fee of one half of the normal bus fare. There being no further questions and/or comments by the Council Members, Resolution No. 38853-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. CDBG-GRANTS: The City Manager submitted a written communication recommending authorization to modify the loan agreement with Roanoke At Home, LP, in connection with remaining debt of five Single Room Occupancy properties acquired with a 1991 CDBG loan. (For full text, see communication on file in the City Clerk's Office.) 496 Council Member Mason offered the following resolution: I (#38854-062110) A RESOLUTION authorizing the City Manager to execute a Second Modification Agreement dated June 22, 2010, and to secure associated Second Amended Notes with a Second Purchase Money Deed of Trust and Second Corrected Purchase Money Deeds of Trust in order to reschedule the balance of a 1991 loan of Community Development Block Grant (CDBG) funds originally provided to Total Action Against Poverty in Roanoke Valley, for the acquisition and rehabilitation of certain properties in the City of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 244.) Council Member Mason moved the adoption of Resolution No. 38854-062110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. SALE OF PROPERTY-220 CHURCH, LLC: The City Manager submitted a written communication recommending execution of Amendment No. 1 to the contract for I purchase and sale of real property with 220 Church, LLC. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following ordinance: (#38855-062110) AN ORDINANCE approving certain changes and modifications to the purchase and sales contract dated March 4, 2010, by and between the City of Roanoke, Virginia, and 220 Church, LLC, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, by 220 Church, LLC, an additional sixty (60) days; authorizing the City Manager to execute Amendment No. 1 to such contract to provide for such changes and modifications; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 245.) , Council Member Mason moved the adoption of Ordinance No. 38855-062110. The motion was seconded by Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Trinkle-6. NAYS: Mayor Bowers-1. I I I I 497 CONTRACT-EVENT ZONE-FESTIVALS: The City Manager submitted a written communication recommending execution of an agreement with EventZone for continuation of quality festivals in downtown Roanoke for a period of one year, with the option to renew for two additional one-year periods. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#38856-062110) AN ORDINANCE authorizing the City Manager to enter into an Agreement, and to execute any other documents necessary to implement the terms of the Agreement, between the City of Roanoke and eventzone.org (EventZone), pertaining to the conducting of special events and festivals by EventZone in the City of Roanoke, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 247.) Council Member Trinkle moved the adoption of Ordinance No. 38856-062110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. GRANTS-CAPITAL PROJECTS-ROANOKE POLICE ACADEMY: The City Manager submitted a written communication recommending transfer of funds in connection with additional upgrades to the Roanoke Police Academy. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38857-062110) AN ORDINANCE to transfer funds from the Police Asset Forfeiture Grant to the Police Academy Building project, amending and reordaining certain sections of the 2009-2010 Capital Projects and Grant Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 248.) 498 Council Member Mason moved the adoption of Budget Ordinance No. 38857- I 062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. BUDGET-E911: The City Manager submitted a written communication recommending transfer of funds in connection with the City's E-911 Division. (For full text, see communication on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38858-062110) AN ORDINANCE to transfer funds from E-911 Wireless to the E-911 Upgrades project account, amending and reordaining certain sections of the 2009-2010 General Fund and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 249.) Council Member Mason moved the adoption of Budget Ordinance No. 38858- I 062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: PARKS-CELEBRATIONS: The City Manager announced that on Wednesday, June 23 at 9:00 a.m., a ceremony will be held for the dedication of public art at the Market Square Walkway; and the Clean and Green Business Coalition will hold a Press Conference at 11 :00 a.m., in the SunTrust Plaza to announce progress toward 2009 carbon footprint reductions. He also announced that there will be a Ribbon cutting Ceremony for the low water bridge at Wiley Drive on Friday, June 25 at 12:00 Noon and the Miss Virginia Pageant will be held on Thursday, Friday and Saturday. I I I I 499 In addition, the City Manager stated that on July 4, the Music for Americans Annual Fireworks Event will commence at 5:00 p.m., on Sunday, July 4 at River's Edge; and beginning in July, bulk and brush collections will alternate with bulk items being collected the same week as bottles and cans and brush items being collected the same week as paper. DIRECTOR OF FINANCE: BUDGET-REVENUE-SCHOOLS-ATHLETIC FUNDS: The Director of Finance submitted a written report recommending appropriation of funds in connection with the School's General Fund Balance; and creation of contra revenue/expenditure accounts. (For full text, see report on file in the City Clerk's Office.) Council Member Mason offered the following budget ordinance: (#38859-062110) AN ORDINANCE to appropriate fund balance and transfer from School General Fund to the School Athletics Fund, amending and reordaining certain sections of the 2009-2010 School General and Athletics Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 250.) Council Member Mason moved the adoption of Budget Ordinance No. 38859- 062110. The motion was seconded by Council Member Trinkle. For clarification purposes, the Director of Finance advised that a contra revenue account is a negative revenue account and is the preference of the Roanoke City Schools to transfer from their General Fund to their Athletics Fund not through a transfer but through that type of account. There being no further questions and/or comments by the Council Members, Budget Ordinance No. 38859-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. REPORTS OF COMMITTEES: 500 SCHOOLS-BUDGET: The Roanoke City School Board submitted a written I report requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#38860-062110) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2009-2010 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 250.) Council Member Rosen moved the adoption of Budget Ordinance No. 38860- 062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Mason was not present when the vote was recorded.) UNFINISHED BUSINESS: CITY OWNED PROPERTY: Having tabled a proposal of the City of Roanoke to convey City-owned property to Rebuilding Together, Roanoke, Inc., located at 216 1ih Street, N. W., known as "the former Fire Station #5", at its regular session held on Monday, May 17, 2010, Council Member Cutler moved that the matter be removed from the table. The motion was seconded by Council Member Mason and unanimously adopted, with Mayor Bowers abstaining due to his affiliation with Rebuilding Together, Inc.) At this point, the Mayor relinquished the Chair to the Vice-Mayor. Khalid Jones, Haywood "Skip" Dunlap, William Gilbert and Evelyn Bethel appeared before the Council in support of the Gamma Alpha Chapter of the Omega Psi Phi Fraternity purchasing Fire Station #5. I Jamey Brads appeared before the Council and advised that he would like to I purchase Fire Station #5 for the location of a business that cleans and repairs fire gear. He currently sells products and would like to also service them. I I I 501 Following comments by the Council, Council Member Cutler moved that the matter be continued until the next regular session of the Council on Tuesday, July 6 at 2:00 p.m. The motion was seconded by Council Member Trinkle and adopted. At this point, the Vice-Mayor relinquished the Chair to the Mayor. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NORFOLK AND WESTERN-LOCOMOTIVE-SPIRIT OF ROANOKE: Council Member Trinkle offered the following resolution naming the Norfolk and Western Class J 611 "The Spirit of Roanoke": (#38861-062110) A RESOLUTION naming the City owned Norfolk and Western Class J 611 locomotive the "Spirit of Roanoke." (For full text of resolution, see Resolution Book No. 74, page 252.) Council Member Trinkle moved the adoption of Resolution No. 38861-062110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: At this point, Mayor Bowers left the meeting (5:11 p.m.) MOWING: Vice-Mayor Lea inquired about the mowing schedule at Countryside; whereupon, Mr. Townsend indicated that the City is currently working with an individual who would potentially cut the grass for hay. Council Member Cutler commented that from an environmental point of view, not mowing the grass is better for the environment and water quality. At 5:13 p.m., Vice-Mayor Lea declared the Council meeting in recess for a Closed Session in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 502 \ I At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding. PRESENT: Council Members M. Rupert Cutler, Sherman P. Lea, Gwendolyn W. Mason, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: NEIGHBORHOOD ORGANIZATIONS-ACTS OF ACKNOWLEDGMENT: The I Mayor recognized the 2010 Neighborhoods USA Conference Award recipients, Old Southwest Neighborhood and Estelle McCadden, President, Melrose-Rugby Neighborhood Organization. PUBLIC HEARINGS: CONSERVATION EASEMENT-VIRGINIA OUTDOORS FOUNDATION- WESTERN VIRGINIA LAND TRUST-MILL MOUNTAIN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 539 acres situated on Mill Mountain in the City of Roanoke, consisting of Tax Parcel Nos. 4050306, 4060505, 4070507, 4070521, 4081201, 4160106, 4160107, 4170203, 4180102, 4180103, 4470101, 4480101, and 4360101, but not including an area consisting of 1,257,497 square feet (28.8682 acres) on the top of Mill Mountain, as shown on plats dated May 10, 2010, prepared by Lumsden Associates, P.C.; and also to consider an easement of an alternative size, consisting of approximately 537 acres, not including an area consisting of 1,338,425 square feet (30.7260 acres) on the top of Mill Mountain, as shown on plats dated May 10, 2010, prepared by Lumsden Associates, P.C., matter was before the body. I I I I 503 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 11, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a Deed of Gift of Easement (either the initially proposed or alternative) from the City of Roanoke to the Virginia Outdoors .Foundation and the Western Virginia Land Trust, 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 Cutler offered the following ordinance as referenced "Alternative Proposal": (#38862-062110) 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 537.2798 acres on Mill Mountain: and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 253.) Council Member Cutler moved the adoption of Ordinance No. 38862-062110. The motion was seconded by Council Member Trinkle. The Mayor inquired whether there were persons present who wished to speak on the matter. Janet Scheid, President, Western Virginia Land Trust, appeared before the Council in support of the conservation easement. Whitney Feldman, Conservation Co-Chair, Mill Mountain Garden Club (MMGC), appeared before the Council in support of the conservation easement. (See written comments on file in the City Clerk's Office.) Sherman Bamford appeared before the Council in support of the conservation easement. Betty Field appeared before the Council in support of the easement. Chris Craft appeared before the Council and requested that the maximum area on Mill Mountain be preserved. 504 Gail Burruss appeared before the Council in favor of the blue line easement. (See written comments on file in the City Clerk's Office.) Kate Berding appeared before the Council in support of the blue line boundary. Steven Higgs, Chairman, Mill Mountain Advisory Committee, appeared before the Council and reported that the Committee voted 5-3 in favor of the original or blue line easement; and urged Council not to adopt the easement in its current form. (See written comments on file in the City Clerk's Office.) Shannon Field appeared before the Council and urged the Council to leave Mill Mountain as is. Roger Holnback, Director, Western Virginia Land Trust, appeared before the Council and expressed appreciation to the City for their efforts in crafting the easement. Granger MacFarlane appeared before the Council and suggested that the best method for preserving Mill Mountain was to place it in the hands of an authority. Mary Bishop appeared before the Council in support of the blue line easement. (See written comments on file in the City Clerk's Office.) Robert Richert appeared before the Council and spoke in support of conservation easement number one or the blue line easement. Benjamin Haley, a recent graduate of Patrick Henry High School, appeared before the Council and suggested that Mill Mountain should remain as is. Tori Williams, representative of the Roanoke Regional Chamber of Commerce, appeared before the Council and expressed support of the Chamber of Commerce of the easement put forth by Dr. Cutler. There being no additional speakers, the Mayor declared the public hearing closed. Council Member Cutler expressed his appreciation to the speakers who were in support of the conservation easement. He mentioned his work as a way to put his position on the proposed Mill Mountain conservation easement into context. I I I I I I 505 Council Member Cutler stressed his support the Mill Mountain conservation easement identified as the "Alternative Proposal" which provides for a deed of gift of easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust to protect the undeveloped 537 -acre majority portion of the 568-acre Mill Mountain Park from adverse development in the future. (See copy of comments on file in the City Clerk's Office.) Council Member Trinkle spoke in support of the "Alternative Proposal" for the conservation easement, and asked the City Attorney about the flexibility to accommodate future decisions. The City Attorney replied that since the City of Roanoke owns hundreds and hundreds of acres that parallel the spur road and most of Roanoke Mountain, it would have some good bargaining chips should amendments to the easement be needed in the future. There being no further questions and/or comments by the Council Members, Ordinance No. 38862-062110 referenced as "Alternative Proposal", was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Trinkle-6. NAYS: Mayor Bowers-1 . CITY-OWNED PROPERTY-BUENA VISTA RECREATION CENTER: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey a 3.0 acre portion of City-owned property bearing Tax Map No. 4130501 along with a 20 foot wide ingress and egress across the remaining portion of Roanoke City Tax Map No. 4130501, being a portion of the former Buena Vista Center, to Scott and Ascension Horchler, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 11, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a sales contract to transfer three acres and the former Buena Vista Center to Scott and Ascension Horchler for $75,000.00, and conveyance of an easement to the Horchlers across City-owned property for ingress and egress between the three-acre parcel to be conveyed and Pen mar Avenue, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) 506 Council Member Mason offered the following ordinance: (#38863-0621.10) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, 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. 74, page 254.) Council Member Mason moved the adoption of Ordinance No. 38863-062110. The motion was seconded by Council Member Rosen. The Mayor inquired whether there were persons present who wished to speak on the matter. Jennifer Stoneman appeared before Council and asked what the three acres entailed; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, explained that there is approximately 25 acres of land. Thomas Klatka, representative of the Virginia Department of Historic Resources, appeared in support of the conveyance of the property to the Horchler family. John McGonigal, representing the Nazarene Neighborhood Watch Group and as a resident of Southeast, appeared before the Council in support of the Horchlers purchasing the property and read a poem titled "The Place Beneath the Star". (See copy of poem on file in the City Clerk's Office.) Laura Padgett, representative of Southeast Action Forum, appeared before the Council and presented a letter in support of conveyance of the Buena Vista property to the Horchlers; and asked that a parking area be defined for the people using the park. (See copy of written comments on file in the City Clerk's Office.) There being no additional speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38863-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I I I I I I 507 LEASES-HERTZ CORPORATION: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21,2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to extend an existing lease of approximately 87,120 square feet of City-owned property identified as Tax Map No. 6640123, commonly known as 1302 Municipal Road, N. W., Roanoke, Virginia, to The Hertz Corporation, to be used as an automobile rental establishment, beginning July 1, 2010, such term not to exceed one year, for an annual rental amount of $30,548.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 11, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute an amendment to the lease extending the term of the lease with The Hertz Corporation for approximately 87,120 square feet of City-owned property located at 1 302 Municipal Road, N. W., Roanoke, Virginia, for a period of twelve months, commencing July 1, 2010, subject to approval as 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: (#38864-062110) AN ORDINANCE authorizing the City Manager to execute an amendment extending the lease agreement between the City and The Hertz Corporation for use of an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N. W., for the operation of an automobile rental establishment, for an additional twelve (12) months, 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. 74, page 255.) Council Member Mason moved the adoption of Ordinance No. 38864-062110. The motion was seconded by Council Member Rosen. The Mayor inquired whether there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38864-062110 was adopted by the following vote: 508 AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and I Mayor Bowers-7. NAYS: None-O. BONDS-DIGITAL RADIO-MARKET BUILDING-PUBLIC BRIDGE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 21, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to adopt 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 $14,800,000.00 for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various capital improvement projects and the acquisition and installation of various capital equipment projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount I Digital Radio Project Market Building Renovation Project Public Bridge Renovation Project $ 6,108,000 5,561,925 1.250,000 $ 12,919,925 In the case of the Market Building renovation project, the public hearing is being held in connection with the approval of the issuance of the bonds therefore by the Council as applicable elected representative of the City pursuant to Section 147(f) of the Internal Revenue Code of 1986. The Market Building is a historic three-story, 38,297 square-foot structure, built in 1922 and located at 32 Market Square in the City's downtown area. The City, as owner of the Market Building, leases space in the Market Building to vendors of food and other merchandise. I I I I 509 The Market Building renovation project includes the reconfiguration of the building's interior to allow greater efficiency, the expansion and improvement of vendor's stalls, the addition of restrooms on the first floor and on the third floor adjacent to the assembly hall, the installation of a second elevator to facilitate catering and service access to the building, the replacement of aging utility infrastructure, including replacement of the current plumbing system and the installation of a new grease removal system, and the improvement of the streetscape surrounding the building, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, June 7, 2010 and Monday, June 14, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending adoption of a resolution authorizing issuance of bonds, and appropriation of funds, in advance of issuance, in the amount of $12,919,925.00. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following resol.ution: (#38865-062110) A RESOLUTION authorizing the issuance of fourteen million eight hundred thousand dollars ($14,800,000.00) principal amount of General Obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other General Obligation Public Improvement Bonds of the City; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; 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. 74, page 256.) Council Member Trinkle moved the adoption of Resolution No. 38865-062110. The motion was seconded by Council Member Rosen. 510 The Mayor inquired if there were persons present wishing to speak on the matter. I There being none, he declared the public hearing closed. There being no further questions and/or comments by the Council Members, Ordinance No. 38865-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. Council Member Trinkle offered the following budget ordinance: (#38866-062110) AN ORDINANCE to appropriate funding to be provided by Series 2010 Bonds to the Old Mountain Road Bridge Renovation, Market Building Renovation and Digital Radio Upgrade projects , amending and reordaining certain sections of the 2009-2010 Capital Projects, Market Building, and Department of Technology Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 274.) Council Member Trinkle moved the adoption of Ordinance No. 38866-062110. I The motion was seconded by Council Member Mason. , The Mayor inquired whether there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38866-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. OTHER BUSINESS: I I 511 CITY CODE-FEE COMPENDIUM-STREET VENDORS: The City Manager submitted a written communication recommending adoption of one of the alternative ordinances (Option No. 1 or Option No.2) to amend the City Code and Fee Compendium to establish an application fee to permit street vending on City rights-of- way and City-owned properties. It was reported that Option 1 would permit vending in rights-of-way and on City-owned property within the Commercial-General, Commercial- Neighborhood, Recreation and Open Space, and Institutional Planned Unit Development zoning districts; such vending would not be allowed in the Downtown zoning district; and Option 2 would permit street vending in the zoning districts as listed in the communication, as well as the Downtown zoning district. (For full text, see communication on file in the City Clerk's Office.) Council Member Cutler offered the following ordinance referenced as "Option 1": (#38867-062110) AN ORDINANCE amending Section 30-4, Placina aoods, boxes, etc., on sidewalks in front of stores and buildinas, adding a new Section 30-9.2, Street vendina, and amending Section 30-13.1, Use of wheelbarrows. handcarts. bicycles, skates. etc., on sidewalks, of Chapter 30, Streets and Sidewalks, 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. I (For full text of ordinance, see Ordinance Book No. 74, page 275.) Council Member Cutler moved the adoption of Option 1 Ordinance No. 38867- 062110. The motion was seconded by Council Member Trinkle. I Keith Hummer, representative of the Downtown Roanoke Association, appeared before the Council and spoke in favor of "Option 1", which does not allow street vending in downtown. Matt Bullington appeared before the Council in support of "Option 1. (See copy of written comments on file in the City Clerk's Office.) Sandy Wilkinson, co-owner, The Little Dipper Restaurant on Market Square, appeared before Council in opposition of street vending in downtown. Ken Ison appeared before the Council in favor of "Option 1". Following extensive dialogue, the Mayor suggested that the matter be postponed for approximately a year and noted his opposition. 512 There being no further questions and/or comments by the Council Members, I Ordinance No. 38867-062110 referenced as "Option 1" was adopted by the following vote: AYES: Council Members Cutler, Mason, Price, Rosen, and Trinkle-5. NAYS: Vice Mayor Lea and Mayor Bowers-2. Council Member Cutler offered the following resolution: (#38868-062110) A RESOLUTION amending the Fee Compendium to establish new fees for street vending applications and permits, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 282.) Council Member Cutler moved the adoption of Resolution No. 38868-062110. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, and Trinkle-6. NAYS: Mayor Bowers-1. I TAXES: The City Manager submitted a written communication recommending authorization to revise requirements for the Tax Exemption Program for the rehabilitation of real property. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following ordinance: (#38869-062110) AN ORDINANCE amending and reordaining Chapter 32, Taxation. Article II, Real Estate Taxes Generallv, Division 5, Exemption of Certain Rehabilitated Real Property, and Division 5C. Partial Tax Exemption in Redevelopment and Conservation Areas. and Rehabilitation Districts, and Division 6, Downtown Service District, Section 32-102.1, Additional Tax Imposed, and Division 7, Williamson Road Area Service District, Section 32-103.1, Additional Tax Imposed, Code of the City of Roanoke, which provide for certain real estate tax exemptions for rehabilitating property in the City; 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. 74, page 283.) I I I I 513 Council Member Trinkle moved the adoption of Ordinance No. 38869-062110. The motion was seconded by Council Member Mason. Robert Richert appeared before the Council and said the only part of the proposal he could not support was the density reduction; however, he would ask that the density reduction be changed from five to four years and not be diminished. Council Member Mason asked if those people currently in the process would be grandfathered; whereupon, Susan Lower, Director of Real Estate Valuation, answered in the affirmative. There being no further questions and/or comments by the Council Members, Ordinance No. 38869-062110 was adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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: Chris Craft appeared before the Council regarding parking at Lucy Addison Middle School. BICYCLES: Skip Huffman appeared before the Council on behalf of the Star City Mountain Bike Society, and expressed appreciation to the Council and Council Member Cutler for their work on the Mill Mountain and Carvin's Cove easements. He also encouraged Council to approve the trail plan that will be submitted by the City Manager at a future Council meeting. Council Member Trinkle advised that Pete Eshelman was compiling an outdoor recreation guide and inquired if the society would be listed; whereupon, Mr. Huffman replied that the group had a forum page on the site. CITY PROPERTY: Valerie Garner, President of Countryside Neighborhood Association, appeared before the Council regarding the growth of grass at Countryside and reported that a farmer had begun mowing the hay on the golf course and would be bailing it soon; and she looked forward to speaking with City administration on the future plans of the property. 514 COUNCIL: With respect to the Closed Meeting just concluded Council Member .1 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 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 Council Member Cutler and adopted by the following vote: AYES: Council Members Cutler, Lea, Mason, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. There being no further business, the Mayor declared the meeting adjourned at 10:02 p.m. APPROVED ATTEST: . Jonathan E. c( ~ Deputy City Clerk SJ)~~ I David A. Bowers Mayor I 1 I I 515 ORGANIZATIONAL MEETING ----------------ROANOKE CITY COUNCIL July 6, 2010 2:00 p.m. The Council of the City of Roanoke held its Organizational Meeting on Monday, July 6, 2010, 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 David A. Bowers presiding, pursuant to Section 10, Meetings of Council, Charter of the City of Roanoke, at which time the newly elected Members of the Council officially took their seats. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. COUNCIL: The Mayor advised that the purpose of the Organizational Meeting is for the newly elected Members of City Council to officially take their seats; whereupon, he called attention to a communication from the City Clerk advising of the following qualifications: David B. Trinkle as Vice-Mayor for a term commencing July 1, 2010 and ending June 30, 2012; and as a Member of Council for a term commencing July 1, 2010 and ending June 30, 2014; William D. Bestpitch as a Member of Council for a term commencing July 1,2010 and ending June 30,2014; and · Raphael E. Ferris as a Member of Council for a term commencing July 1,2010 and ending June 30,2014. (See communication on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the communication would be received and filed. 516 ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Council Member Lea offered I the following resolution recognizing the Honorable David B. Trinkle as a member of the City Council for a term commencing on the 1 st day of July 2010, and continuing for a period of four years, and as Vice-Mayor of the City for a term commencing July 1, 2010, and continuing for a period of two years: (#38870-070610) A RESOLUTION recognizing the Honorable David Trinkle to be a member of the City Council and Vice-Mayor of the City of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 322.) Council Member Lea moved the adoption of Resolution No. 38870-070610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Vice-Mayor Trinkle offered the following resolution recognizing the services of the Honorable Sherman P. Lea as the Vice-Mayor of the City of Roanoke from July 1, 2008 until June 30,2010: (#38871-070610) A RESOLUTION paying tribute to the Honorable Sherman Lea and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. I (For full text of resolution, see Resolution Book No. 74, page 322.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38871-070610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL: Vice-Mayor Trinkle offered the following resolution establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2010, and terminating June 30, 2011 : (#38872-070610) A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2010, and terminating June 30, 2011. (For full text of resolution, see Resolution Book No. 74, page 323.) I I I I 517 Vice-Mayor Trinkle moved the adoption of Resolution No. 38872-070610. The motion was seconded by Council Member Rosen. Council Member Bestpitch called attention to paragraph 6 of the resolution, which states "except for the 9:00 a.m. session of the regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City", and pointed out that the Council Chamber was better equipped to conduct the business of the Council rather than the Emergency Operations Center Conference Room, Room 159. He offered an amended motion to revise paragraph 6 of Resolution No. 38872-070610 to read that all regular meetings of City Council shall be held in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. The motion was seconded by Council Member Ferris. Vice-Mayor Trinkle asked if the motion was to encompass all Council meetings prior to the 2:00 p.m. regular sessions of Council, such as joint meetings with various authorities, boards, commissions and committees, area legislators, etc.; whereupon, Council Member Bestpitch pointed out that the abovementioned resolution states "unless otherwise provided by resolution of the Council", adding that if an occasion should arise to meet in a joint setting, a resolution could be passed to change the meeting to another location, such as Room 159. The City Manager remarked that the Council Chamber is considered to be a formal setting which creates a different atmosphere than a workshop setting for open discussions, and he reminded the Council that the option of wiring Room 159 to allow taping by RVTV was expensive and it was a future goal of the administration to renovate the Emergency Operations Conference Room. The amended motion offered by Council Member Bestpitch to revise paragraph 6 of Resolution No. 38872-070610 and seconded by Council Member Ferris was defeated by the following vote: AYES: Council Member Bestpitch-1. NAYS: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. The amended motion having failed, the original motion offered by Vice-Mayor Trinkle to adopt Resolution No. 38872-070610 and seconded by Council Member Rosen was adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. ' NAYS: None-O. 518 COUNCIL: A communication from Mayor David A. Bowers recommending 1 certain committee assignments for the Members of City Council, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen suggested that Council Member Bestpitch be appointed as a City representative on the Virginia's First Regional Industrial Facilities Authority since the meeting dates coincide with the New River Valley Participation Committee. Mayor Bowers advised that Council Member Bestpitch will replace Council Member Rosen as a City representative to the Virginia's First Regional Industrial Facilities Authority. Council Member Rosen asked to be appointed. as the City representative to Virginia Municipal League Community and Economic Development Policy Committee; whereupon, Mayor Bowers advised that Council Member Rosen's name would be forwarded to the Virginia Municipal League. Mayor Bowers advised that Council Member Lea would prefer to remain as Chair of the Audit Committee. There being no further discussion, Vice-Mayor Trinkle moved that the I communication be received and filed, with the abovementioned revisions. The motion was seconded by Council Member Rosen and unanimously adopted. There being no further business, the Mayor declared the Organizationa.l meeting adjourned at 2:22 p.m. APPROVED ATTEST: ~h,'~O<>>0 Stephanie M. Moon City Clerk I I I I 519 ROANOKE CITY COUNCIL - REGULAR SESSION July 6, 2010 2:23 p.m. The Council of the City of Roanoke met in regular session immediately following its Organization Meeting on Tuesday, July 6, 2010, at 2:23 p.m., in Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, Courtney G. Rosen, David B. Trinkle, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum and welcomed the newly-elected members to the Council meeting. OFFICERS PRESENT: Christopher P Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by the Reverend Shawn F. Dobbins, Pastor, Preston Oaks Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: The Mayor recognized the City Treasurer, Evelyn Powers and staff on their Award. of Aecreditation for the year commencing July 1, 2010 and ending June 30, 2011. The Mayor called for a Moment of Silence in memory of the late Gordon E. Peters, a former Treasurer of the City of Roanoke. Mayor Bowers instructed the City Attorney to prepare the appropriate measure memorializing Mr. Peters at a future Council meeting. ~ 520 HEARING OF CITIZENS UPON PUBLIC MATTER: The Mayor advised that I 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 of report to Council. MISCELLANEOUS: Robert Gravely appeared before Council and expressed concern regarding various issues relating to City government. 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. Council Member Lea asked that Item C-5 be removed from the Consent Agenda and considered to be a part of the Closed Meeting request at Item C-1; and Council Member Bestpitch requested that Item C-3 be removed and considered separately. Council Member Rosen advised that he would be voting no inasmuch as he felt that the City Manager should be awarded time for the Closed Meeting as requested. There being no additional comments by the Council, the motion offered by Council Member Bestpitch and seconded by Council Member Ferris to approve the I Consent Agenda, with the removal of Items C-3 and C-5 for separate discussion was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, and Price-4. NAYS: Council Members Rosen, Trinkle and Mayor Bowers-3. MINUTES: . Minutes of the regular meetings of Council held on Monday, February 16, 2010, recessed until Friday, February 19, 2010, and Monday, March 1, 2010; were before the Council. (See Minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that the reading of the minutes be dispensed with and approveq as recorded. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I I I I 521 CITY COUNCIL-COMMITTEES: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the Mayor to convene in Closed Meeting as abovedescribed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL-AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, March 3, 2010, were before the body. (See Audit Committee minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that minutes of the Audit Committee be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. At this point, Mayor Bowers relinquished the Chair to Vice-Mayor Trinkle and left the meeting (2:48 p.m.) inasmuch he had a conflict with court cases to be heard before the Court and the first meeting of the Council for the fiscal year, both matters being scheduled for Tuesday, July 6 at 2:00 p.m. CITY COUNCIL-CITY PROPERTY: Having removed the request of the City Manager that Council convene in a Closed Meeting to discuss the 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, for separate discussion, the matter was before the body. (See communication on file in the City Clerk's Office.) 522 Council Member Bestpitch asked the City Manager if identification of the subject I property mentioned in the Closed Meeting request would adversely affect the bargaining position or negotiating strategy of the City; whereupon, the City Manager replied that in this instance it would not have an effect. Council Member Bestpitch further asked the City Attorney if City-owned property could be identified with Official Tax Map Nos. and street addresses. The City Attorney advised that although permissible, the identification could undo the purpose of having a Closed Meeting, however, the decision would have to be determined by the Council. Following discussion, Council Member Bestpitch moved that the Council concur in Consent Agenda Item C-3, a request of the City Manager to convene in Closed Meeting to discuss the disposition of publicly-owned property as abovementioned. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) COMMITTEES-ROANOKE ARTS COMMISSION, PARKS AND RECREATION I ADVISORY BOARD, PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION- ROANOKE PUBLIC LIBRARY BOARD-CITY OF ROANOKE PENSION PLAN, BOARD OF TRUSTEE-VIRGINIA WESTERN COMMUNITY BOARD-YOUTH SERVICES CITIZEN BOARD: Reports of qualification would be discussed in Closed Meeting (See page 530) The Honorable Anita J. Price as a member (elected official) of the Youth Services Citizen Board for a three-year term of office ending May31,2013; . James D. Grisso as the City retiree representative for a two-year term of office ending June 30, 2012; and David C. Key as a City . representative for a four-year term of office ending June 30,2014 of the City of Roanoke Pension Plan, Board of Trustees; Lauren D. Saunders and Linda "Leigh" R. Strelka as members of the Roanoke Public Library Board for three-year terms of office ending June 30, 2013; Thomas L. McKeon, M. Rupert Cutler, and Patice L. Holland as members of the Roanoke Arts Commission for three-year terms of office ending June 30, 2013; I I I I 523 Pete Eshelman, E. Duane Howard, William A. West and William J. Modica as members of the Parks and Recreation Advisory Board for terms of office ending March 31, 2013; Stephen S. Willis as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30, 2013; and Dennis R. Cronk as a City representative of the Virginia Western Community College Board of Directors for a four-year term of office ending June 30, 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, July 6, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to a request of the City of Roanoke to place a deed of reservation on City-owned property designated as Official Tax Map No. 1040202, to allow the placement of a storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and for the purpose of constructing and installing and thereafter maintaining, operating, relaying, and if necessary, replacing, a public storm drain system across the aforementioned parcel, formerly known as the National Guard Armory, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 25, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a deed of ReserVation, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) 524 Council Member Rosen offered the following ordinance: (#38873-070610) AN ORDINANCE authorizing execution of a deed of reservation for City-owned property designated as Tax Map Number 1040202, to allow the placement of a permanent 40 foot wide by 919 foot long storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, in connection with the development of the Riverside Corporate Centre, 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. 74, page 325.) Council Member Rosen moved the adoption of Ordinance No. 38873-070610. The motion was seconded by Council Member Price. The Vice-Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38873-070610 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE ITEMS RECOMMENDED FOR ACTION: CITY CODE-DISABLE PERSONS-SOLID WASTE: The City Manager submitted a written communication recommending amendment of the City Code to reflect proposed changes to the Physically Challenged Solid Waste Collection Program. (For full text, see communication on file in the City Clerk's Office.) I I I 525 I Council Member Rosen offered the following ordinance: (#38874-070610) AN ORDINANCE amending and reordaining Section 14.116, Placement for collection qenerally, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, by amending subsection (d) (4); and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74 page 326.) Council Member Rosen moved the adoption of Ordinance No. 38874-070610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) BUDGET-PARKING: The City Manager submitted a written communication recommending appropriation of funds for parking fund projects. I (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance. (#38875-070610) AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings for maintenance projects at various Park Roanoke facilities, amending and reordaining certain sections of the 2010-2011 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 328.) Council Member Lea moved the adoption of Budget Ordinance No. 38875- 070610. The motion was seconded by Council Member Ferris and adopted by the following vote . AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. I (Mayor Bowers was absent.) 526 COMMENTS BY CITY MANAGER: TOURISM-SCHOOLS: The City Manager shared that last week the City, in partnership with the Roanoke Regional Chamber of Commerce, the Roanoke Valley Convention and Visitors Bureau, the Roanoke Valley Hospitality Association, and Downtown Roanoke, Inc., launched "Eat for Education," a new campaign designed to encourage people to support city restaurants as a way to benefit the City's public schools. He also said that, in support of the campaign, Members of City Council, the School Superintendent, and City staff participated in a Progressive Dinner on July 1 - with appetizers in one restaurant, dinner at another, and dessert at a third. In addition, Mr. Morrill reminded the Council that the Coventry Commonwealth Games of Virginia Opening Ceremony would be held on Friday, July 16 at the Roanoke Civic Center at 7:30 p.m. In closing, he also shared that the City collected its third highest recycling tonnage in June 2010. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted Financial Reports for the City of Roanoke for the month of May 2010 and the Roanoke City Public Schools for March 2010. (For full text, see Financial Reports on file in the City Clerk's Office.) The Director of Finance gave a commentary on the City's financial results for the first eleven months of said fiscal year, along with the financial performance on Roanoke City Public Schools on a quarterly basis. Following additional comments by the Council, Vice-Mayor Trinkle advised that the Financial Reports would be received and filed. RECOVERY ZONE-BONDS: The Director of Finance submitted a written report recommending re-allocation of Recovery Zone Facility Bonds (RZFB) and Recovery Zone Economic Development Bonds (RZEDB) by October 1, 2010. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38876-070610) A RESOLUTION repealing Resolution No. 38684-010410 and designating certain projects to be the recipient of funding for purposes of the issuance of Recovery Zone Economic Development Bonds pursuant to the American Recovery and Reinvestment Act of 2009. (For full text of resolution, see Resolution Book No. 74, page 329.) I I I I I I 527 Council Member Rosen moved the adoption of Resolution No. 38876-070610. The motion was seconded by Council Member Lea. Council Member Rosen inquired about the savings in using the bonds; whereupon, Ms. Shawver advised that based on estimated interest rates, the savings would be gross approximately $1.2 million over the twenty year life of the bonds, which equals to about $60,000.00 annually in savings to the City. There being no additional comments and/or questions by the Council Members, Resolution No. 38876-070610 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Rosen offered the following resolution: (#38877 -070610) A RESOLUTION repealing Resolution No. 38686-010410 and approving certain projects for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009. (For full text of resolution, see Resolution Book No. 74, page 330.) Council Member Rosen moved the adoption of Resolution No. 38877-070610. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) REPORTS OF COMMITTEES: NONE. At 3:18 p.m., the Vice-Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference R.oom, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 3:59 p.m., the Council meeting reconvened in the Council Chamber, Vice- Mayor Trinkle presiding, with Mayor Bowers and all Members of Council in attendance. 528 UNFINISHED BUSINESS: I FIRE-REBUILDING TOGETHER ROANOKE: Council at its regular meeting held , on Monday, June 21,2010, having continued the matter with regard to a proposal of the City of Roanoke to convey City-owned property to Rebuilding Together, Roanoke, Inc., located at 216 12th Street, N. W., known as "the former Fire Station #5", Council Member Lea moved that the matter be tabled indefinitely. The motion was seconded by Council Member Ferris and adopted, with Mayor Bowers abstaining. Council Member Lea moved that a public hearing be scheduled for Monday, August 2, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard to consider a conveyance of City-owned property located at 216 12th Street, N. W., known as the former Fire Station No. 5 to Que House, Inc. The motion was seconded by Council Member Ferris. Robert Gravely appeared before Council and asked why another public hearing had to be scheduled; whereupon, Vice-Mayor Trinkle explained that since the Council is considering conveying the property to another entity, a public hearing must be held. George Miller, representing Que House, Inc., appeared before the Council and spoke in support of the conveyance of property to Que House, Inc. Thomas Swindeman appeared before the Council and spoke in support of the I conveyance of property to Que House, Inc. There being no comments by the Council Members, the motion offered by Council Member Lea and seconded by Council Member Ferris was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Ros~n and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers abstained from the voting due to his affiliation with Rebuilding Together, Inc.) Council Member Lea offered a motion that a public hearing be scheduled for Monday, August 2, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, to convey City-owned property, located at.530 8th Street, S. W., to Rebuilding Together, Inc. The motion was seconded by Council Member Price. I I I I 529 Council Member Bestpitch pointed out three entities had expressed an interest in the property located at 26 12th Street, N. W., known as former Fire Station No. 5 and suggested that the Department of Economic Development work to identify a suitable location for the third entity, a private business owned by a City of Roanoke Firefighter. Vice-Mayor Trinkle requested that the City Manager provide a progress report to the Council. There being no additional comments by the Council Members, the motion offered by Council Member Lea and seconded by Council Member Price was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers abstained from the vote due to his affiliation with Rebuilding Together, Inc.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: BUSES: Council Member Lea shared his concerns regarding Valley Metro bus stops, saying some of the hardships created by having bus stops every two blocks are causing problems for citizens with disabilities and for those with small children. He asked that the City Manager and the General Manager of Valley Metro revisit the issue and report back to the Council. Council Member Bestpitch spoke about due dates for personal property taxes being May 31, real estate taxes being first week of February and October and business licenses being the month of March. He asked if the due date for personal property taxes could be changed to June 5 in order accommodate senior citizens who receive social security checks around the first of the month. The matter was referred to the City Manager and City Treasurer for study, report and recommendation to Council. 530 Council Member Bestpitch also stated that he noticed the poor condition of the I planters in Smith Park during a Kiwanis Club cleanup event on Saturday, June 26, .. 2010, and asked if the City could engage neighborhood groups and garden clubs to adopt the planters or consider possibly removing some of the planters. The matter was referred to the City Manager for appropriate response. RECREATION: Vice-Mayor Trinkle mentioned that he had received calls regarding the closing of the City pools and inquired about the flexibility in pool hours. At 4:18 p.m., the Vice-Mayor declared the Council meeting in recess for continuation of Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 5:24 p.m., the Council meeting was reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Vice-Mayor Trinkle moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter 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 I seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-COMMITTEES: Having removed Item C-5 (Reports of qualification) from the Consent Agenda for discussion during the Closed Meeting, Council Member Lea moved that Item C-5 be received and filed. The motion was seconded by Council Member Rosen and unanimously adopted. (See page 522) OATHS OF OFFICE-COMMITTEES-HOANOKE ARTS COMMISSION: The Mayor called attention to a vacancy created by the resignation of David Brown as a member of the Roanoke Art Commission ending June 30, 2011; whereupon, the Mayor called for nominations to fill the vacancy. Council Member Rosen placed in nomination the name of Taliaferro Logan. There being no further nominations, Ms. Logan was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of David Brown ending June 30, I 2011, by the following vote: I I I .531 FOR MS. LOGAN: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor called attention to a vacancy created by the expiration of the term of office of Ashley L. Sailor as a member of the Youth Services Citizen Board ending May 31, 2009; whereupon, the Mayor called for nominations to fill the vacancy. Council Member Rosen placed in nomination the name of Jeffrey Phillips There being no further nominations, Mr. Phillips was appointed as a member of the Youth Services Citizen Board for a term ending May 31,2012; by the following vote: FOR MR. PHILLIPS: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-TOWING ADVISORY BOARD: The Mayor called attention to a vacancy created by the resignation of James Fazio as a member of the Towing Advisory Board ending October 31, 2012; whereupon, the Mayor called for nominations to fill the vacancy. Council Member Rosen placed in nomination the name of Samuel Roman. There being no further nominations, Mr. Roman was appointed as a member of the Towing Advisory Board to fill the unexpired term of James Fazio ending October 31, 2012, by the following vote: FOR MR. ROMAN: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS: The Mayor called attention to vacancies created by the expiration of a one-year terms of office of Barton J. Wilner and A. Morris Turner as City representatives of the Roanoke Valley Convention and Visitors Bureau Board of Directors on July 1, 2010; whereupon; he called for nominations to fill the vacancies. Council Member Rosen placed in nomination the names of Barton J. Warner and Ssunny Shah. There being no further nominations, Mr. Wilner was reappointed and Mr. Shah was appointed to replace Mr. Turner as City representatives of the Roanoke Valley Convention and Visitors Bureau Board of Directors for terms of one year, each ending June 30, 2011, by the following vote: 532 FOR MESSRS WILNER AND SHAH: Council Members Bestpitch, Ferris, Lea, I Price, Rosen, Trinkle and Mayor Bowers-7. OATHS OF OFFICE-HOUSING AUTHORITY-COMMITTEES: Council Member Rosen offered the following resolution waiving the City residency requirement for Adam Boitnott as a Commissioner of the City of Roanoke Redevelopment and Housing Authority: (#38878-070610) A Resolution waiving the requirement of City residency for Adam Boitnott, a Commissioner of the City of Roanoke Redevelopment and Housing Authority. (For fulltext of resolution, see Resolution Book No. 74, page 331.) Council Member Rosen moved the adoption of Resolution No. 38878-070610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. COMMITTEES-PARKS AND RECREATION ADVISORY BOARD: Council I Member Rosen moved that the City residency requirement for Adam Boitnott to serve as a member of the Parks and Recreation Advisory Board be waived in this instance. The motion was seconded by Vice-Mayor Trinkle and unanimously adopted. There being no further business, the Mayor declared the Council meeting adjourned at 5:28 p.m. APPROVED . ATTEST: ~ ru~;D<l>U Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor I I I I 533 ROANOKE CITY COUNCIL-REGULAR SESSION July 19, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, July 19, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Raphael E. Ferris, Anita J. Price (arrived late), Court G. Rosen, William D. Bestpitch, and Mayor David A. Bowers-5. ABSENT: Council Member Sherman P. Lea and Vice-Mayor David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy Spencer, Assistant City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Monsignor Joseph P. Lehman, Pastor, Our Lady of Nazareth Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ANNOUNCEMENTS: The Mayor announced that the Mid-Summer Night's Fiesta was this evening at 6:00 p.m., on the patio at the Main Library. He pointed out that the Latin-themed event offers entertainment, healthy food cooking demonstrations, dancing and more; and urged the public to attend, noting no reservations were required. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor recognized John Marks, Math Teacher, James Madison Middle School, as the 2010 Teacher of the Year; and presented him with a fruit basket. At this point, Council Member Price entered the meeting (2:08 p.m.) 534 ACTS OF ACKNOWLEDGMENT-FINANCE: The Mayor recognized and presented the Excellence Achievement Award for Financial Reporting to Ann H. Shawver, Director of Finance. I HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. POFF BUILDING: Robert Gravely appeared before Council and spoke about the Federal Government's decision to spend approximately $51 million to renovate the Poff Building. Mayor Bowers recalled a City policy to work with federal/state agencies to keep government offices in the downtown area and that this practice is reinforced by a presidential order. He called on the City Manager to explain the City's position regarding the matter. Mr. Morrill indicated that the City has become aware that during the project's timeline of two and half to three years, it will be necessary to relocate some offices to a different location; that the City has learned that the Veterans Administration, which is I located in the upper hall of the Poff Building will move out temporarily while that portion of the building is being renovated and other tenants within the Building, such as U.S. Marshal's Office, the Courts will remain, but will be in a "swing-space" mode, moving as needed to accommodate construction. He also shared that the City has been informed that the Veterans Administration anticipates relocating to space within the City's Central Business District during said time period, adding the City is committed to working with the Federal government to keep Veterans Administration offices in the downtown area during the renovation period. In closing, the City Manager assured the citizens and the Council that every effort would be made to facilitate the Veterans Administration's temporary relocation within the downtown area. He pointed out that there have been a series of presidential executive orders over the years that instruct Federal offices to be sited in downtown areas as an energy-saving and efficiency measure, with the latest executive order given by President Barack Obama on October 5, 2009, calling on government agencies to achieve the goals and targets established by the Federal Strategic Sustainability Performance Plan by implementing changes to make the buildings pedestrian friendly, locations near existing employment centers, accessible to public transit, etc. Following indepth dialogue regarding the issue, the City Manager was instructed to provide the Council with a list of Federal and State offices located in the downtown I area, and to have City staff visit such offices to inquire as to how the City may be of assistance to help them remain in the City. I I I 535 BUSES: Josephine Hutcheson appeared before Council and expressed concern regarding the changes in certain Valley Metro bus stops, as well as the challenges for the physically challenged residents, parents with small children and the elderly accessing bus services. She indicated that some of the Roanoke City Public Schools students were oftentimes rude and disrespectful to other riders and although assistance has been sought, Valley Metro staff has not been sympathetic to the problems. Following comments by the Council, the matter was referred to the City Manager and General Manager of Valley Metro for response. 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 Monday, March 15, 2010, recessed until Monday, March 29, 2010, Monday, April 5, 2010, and Monday, April 19, 2010, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) ANNUAL REPORT-COMMITTEES-CITY OF ROANOKE FINANCE BOARD: Annual report of the City of Roanoke Finance Board, was before the Council. (See annual report on file in the City Clerk's Office.) Council Member Bestpitcb moved that the annual report be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) 536 ANNUAL REPORT-COMMITTEES-BOARD OF ZONING APPEALS: Annual I report of the Board of Zoning Appeals, was before the Council. (See annual report on file in the City Clerk's Office.) Council Member Bestpitch moved that the annual report be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel, on a specific legal matter relating to pending litigation requiring the provision of legal advice, pursuant to Section 2.2.;3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request as above I described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) SCHOOLS-LIBRARIES-ARTS COMMISSION-MILL MOUNTAIN ADVISORY COMMITTEE-PENSION PLAN: Reports of qualification of the following individuals: Annette Lewis and Suzanne P. Moore as Trustees of the Roanoke City School Board, for terms of office of three-years commencing July 1, 2010 and ending June 30, 2013; Jeanne M. Bollendorf as a member of the Roanoke Public Library Board for a term of office ending June 30, 2013; Nathan L. Harper as a member of the Roanoke Arts Commission for a three-year term of office ending June 30,2013; I I I I 537 Nancy V. Dye as a member of the Mill Mountain Advisory Committee for a three-year term of office ending June 30, 2010; and Alan Hullette as a member of the Board of Trustees, City of Roanoke Pension Plan for a four-year term of office ending June 30, 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: JEFFERSON CENTER FOUNDATION: David I. Tenzer, Chairman, Jefferson Center Foundation Board of Directors, appeared before Council and gave a report on the accomplishments of the past fiscal year and season at the Jefferson Center. There was also a brief presentation given by the Music Lab. (See copy of information on the 2009-2010 season on file in the City Clerk's Office.) Following comments by the Council, the Mayor expressed appreciation to Mr. Tenzer and Music Lab for the presentation. COMMONWEALTH'S ATTORNEY-BUDGET: The Commonwealth's Attorney submitted a written communication recommending acceptance of funding for a Drug Prosecutor from the State Compensation Board; and The City Manager submitted a written communication concurring in t~e recommendation. (For full text, see documents on file in the City Clerk's Office.) 538 Council Member Ferris offered the following resolution: I (#38879-071910) 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. 74, page 332.) Council Member Ferris moved the adoption of Resolution No. 38879-071910. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. Council Member Ferris offered the following budget ordinance: (#38880-071910) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 333.) Council Member Ferris moved the adoption of Budget Ordinance No. 38880- 071910. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. I I I I 539 ITEMS RECOMMENDED FOR ACTION: GRANTS-POLlCE-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Edward Byrne Memorial Grant from the Department of Criminal Justice Services for the Intensive Supervision Juvenile Probation Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38881-071910) A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant 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. 74, page 334.) Council Member Rosen moved the adoption of Resolution No. 38881-071910. The motion was seconded by Council Member Price. Council Member Price was very happy to see the position come available and hoped it would be used to help reduce the number of youth that are involved in drug trafficking offenses or other offenses which would be beneficial to the City. There being no additional questions and/or comments by the Council Members, Resolution No. 38881-071910 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) Council Member Rosen offered the following budget ordinance: (#38882-071910) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, and Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 335.) 540 Council Member Rosen moved the adoption of Budget Ordinance No. 38882- I 071910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) POLlCE-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the United States Marshals Service in support of local efforts to apprehend fugitives from justice. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38883-071910) A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. (For full text of resolution, see Resolution Book No. 74, page 336.) I Council Member Rosen moved the adoption of Resolution No. 38883-071910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) Council Member Rosen offered the following budget ordinance: (#38884-071910) AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 337.) I I I I 541 Council Member Rosen moved the adoption of Budget Ordinance No. 38884- 071910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) HUMAN SERVICES-YOUTH-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Department of Criminal of Justice Services and Delinquency Prevention Title-II Grant; and execution of a contract with Family Service of Roanoke to reduce youth substance use and youth crime. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#38885-071910) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title /I grant made to the City in collaboration with Family Service of the Roanoke Valley, 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. 74, page 338.) Council Member Price moved the adoption of Resolution No. 38885-071910. The motion was seconded by Council Member Rosen. Council Member Price requested information on the progress of the program, as well as its success rate. There being no additional questions and/or comments by the Council Members, Resolution No. 38885-071910 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) 542 Council Member Price offered the following budget ordinance: I (#38886-071910) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 339.) Council Member Price moved the adoption of Budget Ordinance No. 38886- 071910. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) FORESTRY-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection I with the Fiscal Year 2011 Urban and Community Forestry Grants from the Virginia Department of Forestry. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38887-071910) A RESOLUTION authorizing the acceptance of two FY 2011 Urban and Community Forestry Grants to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, and authorizing the execution of the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 340.) Council Member Bestpitch moved the adoption of Resolution No. 38887-071910. The motion was seconded by Council Member Ferris. Council Member Bestpitch commented on the number trees being removed and planted in the City, and encouraged the citizens to get involved with the Tree Stewards program. I I I I 543 The Mayor recalled that Roanoke was recognized as a Tree City USA earlier during the year, which designation the City has received for nearly 16 years. There being no additional questions and/or comments by the Council Members, Resolution No. 38887-071910 was adopted by the following vote: . AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) Council Member Bestpitch offered the following budget ordinance: (#38888-071910) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 341.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38888- 071910. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) GRANTS-YOUTH: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Summer Food Program Grant from the United States Department of Agriculture, Food and Nutrition Services. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#38889-071910) A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the United States Department of Agriculture, Food and Nutrition Service, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 341.) 544 Council Member Ferris moved the adoption of Resolution No. 38889-071910. I The motion was seconded by Council Member Price. Following questions and/or comments by the Council regarding the impact of the program and meals are having on children and families in the City, Resolution No. 38889-071910 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) Council Member Ferris offered the following budget ordinance: (#38890-071910) AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2010.2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 342.) Council Member Ferris moved the adoption of Budget Ordinance No. 38890- I 071910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers.5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) BUDGET-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with a 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.) Council Member Ferris offered the following resolution: (#38891-071910) 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. 74, page 343.) I I I I 545 Council Member Ferris moved the adoption of Resolution No. 38891-07191 O. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) Council Member Ferris offered the following budget ordinance: (#38892-071910) 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 2010-2011 Grant and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 344.) Council Member Ferris moved the adoption of Budget Ordinance No. 38892- 071910. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) GRANTS-PLANNING: The City Manager submitted a written communication approval of the City's participation in an application for a Sustainable Communities Regional Planning Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#38893-071910) A RESOLUTION supporting and authorizing the City's participation in a regional consortium to apply for and implement a Sustainable Communities Regional Planning Grant, including the provision of in-kind services, and authorizing the City Manager and City Clerk to execute and attest, respectively, all necessary and appropriate documents in connection with such application. (For full text of resolution, see Resolution Book No. 74, page 345.) 546 Council Member Ferris moved the adoption of Resolution No. 38893-071910. I The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-D. (Council Member Lea and Vice-Mayor Trinkle were absent.) COMMENTS BY CITY MANAGER: SCHOOLS-COUNTRYSIDE-NEIGHBORHOOD ORGANIZATIONS: The City Manager announced that the City is hosting a series of public meetings to gather ideas . and identify potential issues regarding future development of the former Countryside Golf Course property. He pointed out that two meetings were held last week, and three additional meetings are scheduled to be held on Tuesday, July 20 at 6:30 p.m., at William Fleming High School, Monday, July 26 at 7:00 p.m., at the Melrose Christian Church, and Tuesday, July 27 at 6:30 p.m., at William Fleming High School. In addition, Mr. Morrill called attention to the National Night Out - Roanoke's National Night Out Against Crime, a unique crime and prevention annual event I sponsored by the National Association of Town Watch, which will take place on Tuesday, August 3, 2010; and all neighborhood organizations and neighborhood watch groups are encouraged to participate in the annual event. He also mentioned the Eat for Education Campaign, a great new way to support public schools in the City of Roanoke, along with a website address and encouraged citizens to visit the site at www.eatforeducationroanoke.com to receive information regarding the campaign and view a list of participating restaurants. He called attention to a modification in the Star Line Trolley route in order to serve the new Virginia Tech- Carilion School of Medicine as well as the front entrance of Riverside Center on Riverside Circle. The change would add five minutes onto route thus headway would be every 15 minutes instead of the present ten minutes when there are two trolleys operating. The time would increase from seven minutes to 12 minutes during mid-day or the hours of 10:00 a.m. - 2:00 p.m., when three trolleys are operating. DIRECTOR OF FINANCE: BONDS-ECONOMIC DEVELOPMENT: The Director of Finance submitted a written report recommending authorization to refund and restructure bonds. (For full text, see report on file in the City Clerk's Office.) I I I I 547 Council Member Rosen offered the following resolution: (#38894-071910) A RESOLUTION authorizing the issuance and sale of not to exceed forty million dollars ($40,000,000.00) principal amount of City of Roanoke, Virginia, general obligation public improvement refunding bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the City to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the city and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. (For full text of resolution, see Resolution Book No. 74, page 345.) Council Member Rosen moved the adoption of Resolution No. 38894-071910. The motion was seconded by Council Member Price. The Director of Finance spoke about the City's goal to obtain net present value savings, net of issuance costs of at least three percent of the principal amount of the refunded bonds, noting lesser savings and restructuring were permitted by the City's debt policies. She indicated that the City could improve its compliance with debt ratios in upcoming years by restructuring a modest approximately $2.3 million of the Series 2002A Bonds, which would delay principal payment on the bonds for five years, resulting in a lower ratio of debt service expenditure to total expenditure; and restructuring would provide a greater margin of error associated with potential future budgetary reductions. Following further comments by the Director of Finance, Resolution No. 38894- 071910 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-G. (Council Member Lea and Vice-Mayor Trinkle were absent.) 548 REPORTS OF COMMITTEES: I SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting approval of the Schools' renewal of the $10 million line of credit facility with Wachovia Bank/Wells Fargo, National Association; and the City Treasurer and the Director of Finance submitted a joint report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38895-071910) A RESOLUTION authorizing the School Board to renew a loan agreement with Wells Fargo Bank, National Association, for the purpose of renewing the $10,000,000.00 line of credit with Wells Fargo Bank, National Association, entered into by the School Board, as authorized by City Council's Resolution No. 38153-070708, and to extend the renewal through July 8, 2011 . (For full text of resolution, see Resolution Book No. 74, page 361.) Council Member Rosen moved the adoption of Resolution No. 38895-071910. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. I (Council Member Lea and Vice-Mayor Trinkle were absent.) , UNFINISHED BUSINESS: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: POLICE-HISTORIC PRESERVATION: With regard to approval of Closed Session requests listed on the Consent Agenda, Council Member Bestpitch reiterated that he would vote "no" on any future requests to discuss the disposition of publicly- owned property, unless the requests outline the details of the properties. He also called attention to an awareness for Adam Childress, a Roanoke County Police Officer, who has been diagnosis with a re-emergence of cancer requiring immediate treatment, adding he purchased wrist bands in support and assistance to Officer Childress and his family as he battles cancer. He distributed the bands to the Members of Council, and concluded that additional information is available on Facebook under "SignaI2forAdam.com. I I I I 549 Council Member Price called attention to the two penny pins sent to the Members of Council via communication from Rebecah Smith, Principal of Garden City Elementary School, to encourage supporters of the meal tax to. wear when dining at a Roanoke City restau rant. (See copy of communication on file in the City Clerk's Office.) Council Member Ferris shared that he had attended the first two Countryside meetings hosted by the City and that while attendance was low, participation was good; adding that City Council had not made a decision about the future of the Countryside Golf Course property. He announced the dates, times and places for future public meetings regarding the former Countryside Golf Course and that attendance was not limited to neighborhood residents, that anyone could attend and share ideas. Mayor Bowers. called attention to correspondence from Michael F. Kennedy, President, Roanoke Valley Preservation Foundation, addressed to the Council strongly encouraging the Council to allow the Roanoke Regional Preservation Office to lease office space at Mountain View. The Mayor referred the matter to the City Manager for response. (See copy of correspondence on file in the City Clerk's Office.) At 3:56 p.m., the Mayor declared the Gouncil meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:34 p.m., the Council meeting was reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle and Council Member Lea. COUNCIL: With respect to the Closed Meeting just concluded Council Member Ferris 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 Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferri~, Price, Rosen, Bestpitch, and Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) 550 There being no further business to come before the Council, the Mayor declared I the meeting adjourned at 4:35 p.m. APPROVED ATTEST: ~M~~'~~~ City Clerk ~~ David A. Bowers Mayor I I I I I 551 REGULAR SESSION--ROANOKE CITY COUNCIL August 2, 2010 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, August 2, 2010, at 9:00 a.m., at William Fleming High School Media Center, 3649 Ferncliff Avenue, N. W., City of Roanoke, 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, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010, with Mayor David A. Bowers and Chairman David B. Carson presiding. PRESENT: Council Members Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Vice-Mayor Trinkle-1 . The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. SCHOOL TRUSTEES PRESENT: Mae G. Huff, Suzanne P. Moore, Annette Lewis, and Chairman David B. Carson-4. SCHOOL TRUSTEES ABSENT: Jason E. Bingham, Todd A. Putney, and Lori E. Vaught-3. OTHERS PRESENT: Representing the City of Roanoke: R. Brian Townsend, Assistant City Manager for Community Development; and James Grigsby, Assistant City Manager for Operations. Representing Roanoke City Public Schools: Dr. Rita D. Bishop, Superintendent; Timothy R. Spencer, Legal Counsel; Cindy Poulton, Clerk of the Board; and Gene T. Jones, Principal, William Fleming High School. SCHOOLS: Mayor Bowers recognized and welcomed Council Members Bestpitch and Ferris and School Trustee Lewis to the first joint meeting of the fiscal year with the School Board. Chairman Carson also recognized and welcomed School Trustee Lewis to the meeting as well as the reappointment of Suzanne Moore for a three-year term of office as School Trustee. 552 The Chairman expressed appreciaton to the Council for its support of the School I Board and the construction of the new William Fleming. High School and Football Stadium. He gave a brief overview of the past history regarding the new William Fleming High School Stadium. He called attention to the sacrifices made by the coaches and football players to travel and play games outside of the City several years due to not having an adequate football stadium. Chairman Carson also remarked that the School Board was delighted to have Gene T. Jones as the new principal of William Fleming High School and the Board expected that the academic conditions at the school to improve by leaps and bounds. Discussion: Chairman Carson stated that the Joint Services Committee had met and devised a meeting schedule for the year; and were pleased with the results of the Committee. He called upon the City Manager for additional comments. The City Manager indicated that the Joint Services Committee plans to look at past studies to research ways that the City and School Board can work together and share services; and review the funding formula. Mr. Morrill mentioned that the budget planning process was ongoing, the Committee would be discussing capital planning and will coordinate a legislative agenda to ensure that they are proactive. He noted that a I Committee meeting would be held on August 13 to define services to be concentrated on. With regard to the Joint Facilities Committee, Chairman Carson advised that under the leadership of former Council Member Gwendolyn Mason and former School Trustee Courtney Penn, the Committee accomplished several goals and objectives, adding that Memorandum of Understanding between the City and Schools was executed, and a subcommittee evolved with a goal to explore possible uses for school properties that were no longer being utilized. Council Member Bestpitch commented about the school funding formula, adding that the Superintendent and City Manager discuss revising the formula in order to provide adequate funding. The School Superintendent remarked that she would work with the City Manager on revising the school funding formula. The City Manager pointed out that the Joint Services Committee consisted of a budget staff of both the City and Schools personnel. Council Member Bestpitch advised that a 20-year plan for capital maintenance was needed, adding that he was troubled by families moving out of the City because schools were being closed. He indicated that a clear vision was needed for the School system. He also expressed concern that the Schools were not prepared for expensive I repairs and replacements. I I I 553 The Superintendent called attention to a prepared one page handout which was distributed regarding 2010-2015 CAP, and added there was continued ongoing dialogue regarding capital maintenance. (See copy of handout on file in the City Clerk's Office.) Council Member Lea expressed concern with regard to school safety and wanted assurance that disruption from unruly students would be prohibited, and inquired about the use of dog searches for drugs in the schools; whereupon, Dr. Bishop advised that school safety is a priority, and she provided everyone with a copy of data regarding drug dog searches at middle and high schools in the City during fiscal years 2007-08 and 2009-10. (See copy of information on file in the City Clerk's Office.) With regard to school transportation, Council Member Lea recalled complaints from parents and asked if the issues have been resolved; whereupon, Dr. Bishop reported that problems from the previous year have been reviewed, adding that it is anticipated that the upcoming year with the Transportation Company should run smoothly, and the Schools are pleased with the relationship. In connection with the use of the former Ruffner Middle School and Raleigh Court Elementary School facilities, the Superintendent referenced a handout indicating the uses for William Ruffner Middle School by the Schools' Maintenance Department, and expressed sincere appreciation to Total Action Against Poverty for relocating its Early Child Development Program to the former Raleigh Court Elementary School building. (See handout on file in the City Clerk's Office.) Comments By Council Members/School Board Trustees: School Trustees Huff and Lewis thanked the Council for its ongoing support of the school system. Council Member Rosen spoke about the school funding formula and emphasized the comments by Council Member Bestpitch that the matter needed to be addressed. Council Member Lea stated that he was committed to the schools and looked forward to working with School Trustee Lewis; and he concluded that the community is excited about the opening of the new football stadium. Council Member Ferris indicated that he is willing to work with the Schools to change the perception of William Fleming High School. 554 Council Member Price stated that there is an ongoing need for collaboration and I cooperation between the Schools and the Council, and she was pleased with the both maintaining open lines of communication. Chairman Carson also commended the Council on its support of the Schools. He mentioned that the School Board was invited to Charlottesville as one of three school districts from Virginia to attend an educational forum; and was pleased with the accolades received from the public for the meal tax increase to benefit the school system. He announced that the Schools annual Convocation would be held on Thursday, August 26 at 9:00 a.m. at the Roanoke Civic Center, and he reminded the Council of $250,000.00 savings in Schools annual operating costs by privatizing school transportation. Chairman Carson announced the removal of 23 learning modulars that were located on the Preston Elementary School property, the construction of an addition of an architectural membrane structure to serve as a gymnasium and indoor play area at Grandin Court Elementary School; a School Board retreat scheduled to be held on August 10, 2010; and the induction of the William Fleming High School Football players in the Hall Fame. There being no additional comments by the Council Members/School Trustees, Chairman Carson introduced Mr. Jones for brief remarks. Mr. Jones shared a letter that had been sent to the high school faculty and made brief comments regarding high school accreditation, A YP status, promotion rate of 9th graders, ten percent increase in graduation rate, reestablishment of smaller classrooms, creation of a data team, nine- week senor report which monitors the progress of every senior, availability of $3 million in scholarships for graduates, and the implementation of a four week check up intervention program in order to be proactive and prevent students from failing courses. He also encouraged the Council and School Board to join the William Fleming PTSA and Booster Club as well as attend the football and basketball games. He pointed out that a membership card could be purchased for $25.00 which allowed the holder and family members to attend the home football and/or basketball games for half price. Following remarks by Mr. Jones, the Chairman advised that the meeting would stand in recess/adjournment for a tour of the new William Fleming High School Football Stadium. There being no further business, the Chairman declared the School Board meeting adjourned at 9:55 a.m. There being no further business, the Mayor declared the Council Meeting in recess at 9:55 a.m. I I I I I 555 The recessed meeting of the Council reconvened at 10:45 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor, Municipal Building, with Mayor Bowers presiding, and all Members of the Council in attendance. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. 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: CITY COUNCIL: Mayor Bowers requested a status report regarding the Poff Building. BRIEFINGS: Roanoke Redevelopment and Housina Authoritv: R. Brian Townsend, Assistant City Manager for Community Development, gave a briefing on the Roanoke Redevelopment and Housing Authority Redevelopment Plan closeouts and amendment. He recognized Mark Loftis, an attorney for the Housing Authority. Mr. Loftis gave a status report on three redevelopment plans in the Deanwood, Hurt Park and Gainsboro areas, respectively. He advised that the Housing Authority has determined that the objectives of the Deanwood Redevelopment Plan have been substantially accomplished and that there is no need for further acquisition or disposition of real property within the area by the Authority; continued existence of the Redevelopment Plan is no longer necessary; and the property owners within the boundaries of the Redevelopment Plan will not be adversely affected by the termination of the Plan. 556 With regard to the Hurt Park Community Redevelopment Plan, Mr. Loftis stated I that the Housing Authority determined that the objectives of the Redevelopment Plan largely duplicate the goals and objectives of the current Neighborhood Revitalization Strategy Area Plan, and thus the Redevelopment Plan is duplicative and no longer serves any useful purpose; and there appears to be no further need for further acquisition or disposition of real property under the terms of the Redevelopment Plan. He added that continued existence of the Redevelopment Plan is no longer necessary, and the property owners within the boundaries. of the Redevelopment Plan will not be adversely affected by the termination of the Plan. In closing, Mr. Loftis indicated that the Housing Authority Board has pursued the goals and objectives of the Redevelopment Plan as funding for activities has been made available by the City of Roanoke; the Housing Authority wishes to continue the Redevelopment Plan in effect in order to pursue the goals and objectives of the Redevelopment Plan in the future as funding is made available to the Housing Authority by the City. He added that it is necessary to amend the Redevelopment Plan in order to reflect changes in State law, including but not limited to restrictions on the use of eminent domain which will become applicable to the Redevelopment Plan, effective July 1,2010. Mr. Loftis pointed out that it does not appear that approval of the proposed amendment to the Gainsboro Redevelopment Plan will have a material adverse impact on any property owner located in the Gainsboro Redevelopment area; however, the continued operation of the Redevelopment Plan will in fact benefit the property owners. He concluded that approval by the Council of the abovementioned actions regarding the redevelopment plans for the three areas will be necessary. I The Assistant City Manager for Community Development remarked that the matter is scheduled to be heard by the Council at its meeting on Monday, September 20 at 7:00 p.m. Following discussion of the Gainsboro Redevelopment Plan, Council Member Price asked for an update on the development of the Gainsboro area. Roanoke Vallev Convention and Visitors Bureau Work Plan-Fiscal Year 2011: Landon Howard, Executive Director, Roanoke Valley Convention and Visitors Bureau, gave a brief overview of the organization's work plan for fiscal year 2011, which includes new strategies for marketing the Roanoke area. He highlighted the following: I I I I 557 ~ FY2010-11 Communications Plan, FY 2010-11 ~ FY2010-11 Visitor Services Plan ~ FY201 0-11 Tourism Sales Plan ~ FY201 0-11 Marketing Plan ~ FY201 0-11 Partnership Services Plan ~ FY2010-11 Sales Plan ~ Performance Measures (For full text, see copy of document and powerpoint on file in the City Clerk's Office.) Questions and/or comments were shared by the Council in connection with the presentation. Mr. Landon distributed copies of the 2010-2011 Marketing Planning for the Roanoke Valley Convention and Visitors Bureau. (See copy of the 2010-2011 Marketing Planning Brochure on file in the City Clerk's Office.) Budaet/Financial Overview: Sherman M. Stovall, Director of Management and Budget, and the Director of Finance presented background and preparatory information for the August 30, 2010 Strategic Planning Work Session. (For full text, see copy of document on file in the City Clerk's Office.) The following information was highlighted: ~ Purpose of Briefing o Council Strategic Planning Work Session planned for August 30 · Focus on developing strategic priorities o Available resources determine the level of support that can be directed to address priorities o Important to understand key budget and financial trends ~ Briefing Focus o Review selected budget and financial trends · Plan to engage Council in a detailed review of ICMA Trend Indicators in the coming months o Review concept of priority based budgeting and budgeting for outcomes 558 ~ Adopted Budget I o Budget growth until FY2009 primarily from local economy o Facilitated growth in funding to Schools and investment in capital projects, public safety, code enforcement, employee compensation, library staffing and programs, greenway maintenance. o Budget contraction beginning FY2010 ~ Reductions Required to Balance Budget o Prior to FY2010, reductions were both across-the-board and targeted o In FY2010, focus shifted to program and service level reductions ~ FY2011 General Fund Revenue Budget by Major Category o Real Estate Tax $ 82.6 million o Intergovernmental $ 66.4 million o Personal property $ 19.4 million o Sales $ 18.0 million o Business license $ 12.1 million o Prepared Food $ 15.3 million o Charges for Services $ 10.0 million o Utility Consumer Tax $ 9.4 million o Telecommunications Tax $ 7.3 million o Other local taxes $ 9.5 million o Other local revenue $ 3.4 milllion o Total $ 253.4 million I ~ General Fund Revenue Remains Stable o Average annual growth in General Fund revenue from FY2005 to FY2011 (Budget) is 2.2 percent o FY2010 projection anticipates a 1.7 percent decline from original budget expectations o FY2011 budget represents a 0.3 percent growth from the FY2010 projection · FY2011 budget includes $383 million meals tax rate increase to provide additional support to schools. Without the meals tax, the decline in revenues would be 1.18 percent from FY2010 projection ~ Real and Personal Property Tax Revenue o Average annual growth in property tax revenue from FY2005 to FY2011 (budget) was 4.3 percent o FY2009 property tax revenue was approximately 39 percent of total General Fund revenue; since 2005 this percentage has been 37.5 percent on average o FY2010 budget assumed a 0.6 percent decrease from the FY2009 budget and 0.7 percent decrease from FY2009 actual results o Estimates for 2010 anticipate slightly higher performance vs. budget o FY2011 budget assumes a 0.4 percent increase from FY2010 projected results I I I I 559 ~ Other Local Tax Revenue o The City has a diverse group of local taxes o Average annual growth in Other Local Tax Revenue from FY2005 to FY2009 is 2.6 percent o FY2009 Other Local Tax Revenue was 27 percent of total General Fund revenue. Since 2005 this percentage has been 30 percent on average o FY2010 projections assume an 6.2 percent decline from FY2010 adopted budget o FY2011 budget assumes a 5.4 percent increase from FY2010 projection, including increase in prepared food and beverage tax ~ 2011 General Fund Expenditure Budget by Major Category o Schools $ 75.2 o Public safety $ 57.0 o Health and Welfare $ 38.9 o Public works $ 23.7 o Debt Service $ 13.7 o General Government $ 12.3 o Parks, Recreation and Cultural $ 9.1 o Judicial Administration $ 7.4 o Community Development $ 6.0 o Capital projects $ 2.4 o All other $ 7.7 o Total $253.4 ~ The City of Roanoke has continued to support education as the Commonwealth has made cuts ~ The City has increased funding per student ~ General Fund Expenditures o Average annual growth in General Fund expenditures from FY2005 to FY2011 (budget) is 3.0 percent o Implemented expenditure reduction strategies which include reductions to department budgets, hiring freeze, deferring planned expenditure for fleet replacement, technology capital, and conservatively managing the budget contingency ~ Budget/Financial Outlook o Slow recovery from recession · Recovery for many municipalities will lag behind state and nation o Slow growth in local revenue, with continued possibility of additional contraction o Continued uncertainty in funding from Commonwealth of Virginia (See copy of Budget/Financial Overview on file in the City Clerk's Office.) Questions and/or comments were shared by the Council, specifically concerning the real estate tax, lodging tax and meals tax. 560 Budoeting For Outcomes: I The City Manager gave an overview of the budgeting for outcomes method and offered examples of how other local governments have implemented it, by highlighting the following: ~ Organizations that thrive during tough times (according to ICMA) ~ Why do we need a different approach to budgeting? ~ Typical budget balancing techniques are not sustainable ~ Budgeting for Outcomes Process ~ What results matter most ~ Results teams for each priority ~ Culture and recreation ~ Neighborhood vitality ~ Culture and recreation request for result ~ Teams invite offers ~ The offers ~ Neighborhood vitality offers (For full text, see copy of document on file in the City Clerk's Office.) At 1 :47 p.m., the meeting was declared in recess to be reconvened at 2:00 p.m., I in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 . Church Avenue, S. W. At 2:00 p.m., the Council meeting reconvened with Mayor David A. Bowers presiding and all Members of the Council in attendance. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by the Reverend Christopher E. Yopp, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. . I I I I 561 PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATIONS-POLICE DEPARTMENT: The Mayor declared Tuesday, August 3, 2010 at National Night Out. He presented a ceremonial copy of the proclamation to Acting Police Chief Chris Perkins, and recognized members of the Police Department and neighborhood leaders and asked them to share information about the National Night Out events for the week. (See ceremonial copy of proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT: Leon Baker, Director, Office of Regulatory Affairs, appeared before the Council and recognized the Roanoke City Police Department on its recertification for the Certified Crime Prevention Community. 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. POLICE DEPARTMENT-COMPLAINTS: Robert Gravely appeared before Council and expressed concern about police brutality in the inner-city neighborhoods and the delinquent payment of the meals tax by Vice-Mayor Trinkle. COMPLAINTS: Jeff Vanke appeared before Council and spoke about the freedom of speech at public events. 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 were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, May 3, 2010, recessed until Thursday, May 6, 2010, and continued on Monday, May 10, 2010; and Monday May 17, 2010, were before the body. (See copy of Minutes on file in the City Clerk's Office.) 562 Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and I approved as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 16, 2010 at 7:00 p.m., or as soon thereafter as the mater may be heard, to consider a request from Family Service of Roanoke Valley, a non-stock, not for profit corporation, for tax exemption of certain real property in the City located at 360 and 366 Campbell Avenue, S. W.; was before the body. (See copy of communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved. that the Council concur in the request of the City Manager to schedule a public hearing as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. I NAYS: None-O. MINUTES: Minutes of the Audit Committee meeting held on Wednesday, June 16, 2010, were before the Council. (See copy of Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the minutes of the Audit Committee meeting be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers.7. NAYS: None-D. ANNUAL REPORTS-ROANOKE REGIONAL PARTNERSHIP: 2010 Mid Year Progress Report of the Roanoke Regional Partnership, was before the Council. I (See copy of Mid-Year Progress Report on file in the City of Roanoke Clerk's Office.) I I I 563 Vice-Mayor Trinkle moved that the 2010 Mid-Year Progress report of the Roanoke Regional Partnership be received and file. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORTS-BOARD OF EQUALIZATION: Annual Report of the Board of Equalization for the Taxable Year July 1,2010 through June 30,2011, was before the Council. (See copy of Annual Report on file in the City of Roanoke Clerk's Office.) Vice-Mayor Trinkle moved that the Annual report of the Board of Equalization be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORTS-ROANOKE PENSION PLAN BOARD: Annual Report of the City of Roanoke Pension Plan Board of Trustees, was before the Council. (See Report on file in the City of Roanoke Clerk's Office.) Vice-Mayor Trinkle moved that the Annual report of the City of Roanoke Pension Plan, Board of Trustees, be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Reports of qualification of Ronald L. McCorkle, Jr., as a member of the Roanoke Neighborhood Advocates for a three-year term of office ending June 30, 2013; and Christina M. Brannan as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Sandra B. Kelly ending June 30, 2012, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 564 Vice-Mayor Trinkle moved that the reports of qualification be received and filed. I The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 2, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to convey City-owned property designated as Roanoke City Tax Map No. 1113210, located at 530 8th Street, S. W., Roanoke, Virginia, to Rebuilding Together, Roanoke, Inc., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 23, 2010. (See publisher's affidavit on file in the City Clerk's Office.) I The City Manager submitted a written communication recommending authorization to the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer Tax Map Number 1113210 to Rebuilding Together-Roanoke, Inc. for consideration in the amount of $10.00 subject to the conditions outlined in this report. Council Member Rosen offered the following ordinance: (#38896-080210) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 530 8th Street, S. W., bearing Official Tax No. 1113210, to Rebuilding Together Roanoke, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 362.) Council Member Rosen moved the adoption of Ordinance No. 38896-080210. The motion was seconded by Council Member Lea. I I I I 565 The Mayor inquired if there were persons present who wished to speak in connection with the matter. Edward Murray appeared before the Council in support of the conveyance to Rebuilding Together Roanoke, Inc. Earl Saunders appeared before the Council in support of the conveyance of property to Rebuilding Together Roanoke, Inc. There being no further speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38896-080210 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers abstained from the vote due to his affiliation with Rebuilding Together, Inc.) CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 2, 2010, 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 the City of Roanoke proposes to convey City-owned property designated as Roanoke City Tax Map No. 2212317, being 216 - 12tn Street, N. W., otherwise known as "the former Fire Station #5," to Que House, Inc., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 23, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to the City Manager to execute a deed, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer Tax Map Number 2212317 to Que House, Inc. for consideration in the amount of $10.00 subject to the conditions outlined in this report. 566 Vice-Mayor Trinkle offered the following ordinance: I (#38897-080210) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 216-12th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #5, bearing Official Tax No. 2212317, to Que House, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 363.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38897-080210. The motion was seconded by Council Member Price. The Mayor inquired if there were persons present who wished to speak in connection with the matter. Robert Gravely appeared before the Council and spoke in support of the conveyance of property to Que House, Inc. Evelyn Bethel appeared before the Council and spoke in support of the conveyance of property to Que House, Inc. I George Miller appeared before the Council and spoke in support of the conveyance of property to Que House, Inc. There being no further speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38896-080210 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. I I I I 567 ITEMS RECOMMENDED FOR ACTION: GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Criminal Justice Systems Improvement Grant from the Department of Criminal Justice Services (For,full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38898-080210) A RESOLUTION authorizing acceptance of the Criminal Justice Systems Improvement Grant from the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 364.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38898-080210. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#38899-080210) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of resolution, see Ordinance Book No. 74, page 364.) Vice-Mayor Trinkle moved the adoption' of Ordinance No. 38899-080210. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. 568 GRANTS-ARTS-BUDGET: The City Manager submitted a written I communication recommending acceptance and appropriation of funds for the Virginia Commission for the Arts Local Government Challenge Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38900-080210) A RESOLUTION accepting the local government challenge grant offered to the City by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 365.) Council Member Lea moved the adoption of Resolution No. 38900-080210. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. I (Council Member Rosen was not present when the vote was recorded.) Council Member Lea offered the following budget ordinance: (#38901-080210) AN. ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of resolution, see Ordinance Book No. 74, page 366.) Council Member Lea moved the adoption of Ordinance No. 38901-080210.The motion was seconded by Vice;:Mayor Trinkle and adopted by the following vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. I I I I 569 NORFOLK SOUTHERN CORPORATION-BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Norfolk Southern Foundation Grant for greenway signage and milepost project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38902-080210) A RESOLUTION accepting funds from the Norfolk Southern Foundation to the City for signage and milepost improvements for the Roanoke River Greenway corridors and development of teacher guide materials; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to accept, use, and administer such funds. (For full text of resolution, see Resolution Book No. 74, page 367.) Council Member Bestpitch moved the adoption of Resolution No. 38902-080210. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. Council Member Bestpitch offered the following budget ordinance: (#38903-080210) AN ORDINANCE to appropriate funding from the Norfolk Southern Foundation for the development of amenities along City greenways, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of resolution, see Ordinance Book No. 74, page 368.) Council Member Bestpitch moved the adoption of Ordinance No. 38903-080210. The motion was seconded by Council Member Lea and adopted by the followi'ng vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. 570 HISTORIC PRESERVATION-BUDGET-GRANTS: The City Manager submitted I a written communication recommending acceptance and appropriation of funds for the Department of Historic Resources Local Government Grant to support the nomination of the Wasena National Historic Register District. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38904-080210) A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from the Virginia Department of Historic Resources; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, and administer such grant. (For full text of resolution, see Resolution Book No. 74, page 368.) Council Member Bestpitch moved the adoption of Resolution No. 38904-080210. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. I Council Member Bestpitch offered the following budget ordinance: (#38905-080210) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (Forfull text of resolution, see Ordinance Book No. 74, page 369.) Council Member Bestpitch moved the adoption of Ordinance No. 38905-080210. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-D. I I I I 571 EMERGENCY MEDICAL SERVICES-FIRE DEPARTMENT-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of State reimbursement funds for Fire-EMS training and response to hazardous materials incidents. (For full text,-see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38906-080210) A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 370.) Council Member Lea moved the adoption of Resolution No. 38906-080210. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#38907-080210) AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management for the reimbursement of expenses of the Regional Hazardous Materials Response Team, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of resolution, see Ordinance Book No. 74, page 371.) Council Member Lea moved the adoption of Ordinance No. 38907-080210. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. 572 EASEMENTS-CHURCHES: The City Manager submitted a written I communication recommending acceptance of a portion of the public drainage easement from Emmanuel Wesleyan Church. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38908-080210) AN ORDINANCE authorizing the acceptance of the dedication of a public storm drain easement, 20 feet in width and 224.71 feet in length, over that real estate located in the City of Roanoke, designated as Tax Map No. 2181501, and dispensing with the second reading of this ordinance by title. (For full text of resolution, see Ordinance Book No. 74, page 372.) Council Member Rosen moved the adoption of Ordinance No. 38908-080210. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Member Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. I LEASES-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending Execution of an Assignment Agreement between the City, IMD Investment Group, LLC, Valley Bank, and Ivy View, LLC, in connection with the Ivy Market Project. (For full text, see communication on file in the City Clerk's Office.) The Mayor advised that the City Clerk had received a communication from Dennis A. Barbour, Attorney, Moss and Rocovich, requesting that the matter be postponed indefinitely. (See copy of communication on file in the City Clerk's Office.) Council Member Bestpitch moved that the Council concur in the request to postpone the matter indefinitely. The motion was seconded by Council Member Ferris and unanimously adopted. There being no additional question and/or comments, action on the matter was tabled indefinitely. I I I I 573 COMMENTS BY THE CITY MANAGER: CITY PROPERTY-SPECIAL EVENTS-ART: The City Manager recognized R. Brian Townsend, Assistant City Manager for Community Development, for his efforts with facilitating the conveyance of City-owned properties located at 216 1 ih Street, N. W., and 530 8th Street, S. W. He also announced that the Virginia Mountain Peach Festival will be held in Elmwood Park on August 6 and 7. Mr. Morrill mentioned that as part of the City's second "AIR Art in Roanoke" temporary exhibit, "Connect" will be installed at the corner of Campbell Avenue and Third Street, "Big Dog" at Fire Station No. 7 on Memorial Avenue, "In Flux" in the Vie Thomas Park, and "Glory Pipes" in SunTrust Plaza, adding that "Jelly Bean" was installed in South Roanoke in June 2010; and "Starburst" was installed at the Williamson Road Library in July 2010. In response to the Mayor's request for an update on the Poff Building, Mr. Morrill reported that Senators Jim Webb and Mark Wamer sent a letter to the Veterans Affairs Secretary and the General Services Administrator asking that a new Veterans Affairs Office building be constructed instead of renovating offices in the Poff Building. He added that the City has asked the GSA to follow the Presidential Order that instructs Federal buildings to be built in locations that emphasize the existing central city. Additionally, he said that the Department of Economic Development is assembling a list of possible sites in the downtown area where land is available for construction. REPORTS OF COMMITTEES: ECONOMIC DEVELOPMENT-BONDS: Harwell M. Darby, Jr., Counsel to the Economic Development Authority, presented a report of the Economic Development Authority recommending refinancing of revenue bonds for the Carilion Medical Center and Carilion Franklin Memorial Hospital. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#38909-080210) A Resolution of the City Council of the City of Roanoke, Virginia approving, among other things, the issuance of not to exceed $110,000,000.00 aggregate principal amount of Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Refunding Bonds (Carilion Clinic Obligated Group) to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. (For full text of resolution, see Resolution Book No. 74, page 373.) 574 Council Member Ferris moved the adoption of Resolution No. 38909-080210. I The motion was seconded by Council Member Lea. Council Member Rosen asked for clarification with regard to the role of the City in the matter; whereupon, the Director of Finance advised that the City was not incurring additional debt, but Carilion was using the Economic Development Authority to issue bonds; and the City was not responsible to pay back any of the debt, the matter had to come before the Council because of City Code requirements. There being no additional questions and/or comments by the Council Members, Resolution No 38909-080210 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle abstained from voting inasmuch as he is employed by Carilion Health Systems.) ANNUAL REPORTS: Tom Carr, Director of Planning Building and Development, gave an overview regarding the Fair Housing Board Annual Report. Tom Carr, Director of Planning, Building and Development, advised that the Fair Housing Board added five members in the past year, but unfortunately two have since resigned; and the Board has a successful outreach and education program whereby it hosted two housing fairs during the year. In addition, Mr. Carr stated that the Board has adopted a mission statement and plans to host a housing seminar in October 2010. I In closing, Mr. Carr further stated that the Board worked with a consultant to conduct paired testing of rental properties in the City to determine disparities in the treatment of minorities and Caucasians applying for rental properties; and he shared information from a case study pertaining to rental testing. (For full text, see copy of Annual Report and powerpoint on rental testing on file in the City Clerk's Office.) Council Member Bestpitch inquired if housing discrimination complaints filed with the Fair Housing Board were something we should be concerned about; whereupon, Mr. Carr indicated that most complaints were landlord/tenant issues and would not involve the City or the Council. I I I I 575 Following dialogue regarding the case study, Council Member Price inquired if a hotline would be established for complaints; whereupon, Mr. Carr explained that it was recommended, but has not been established. There being no additional questions and/or comments by the Council Members, Council Member Lea moved that the annual report be received and filed. The motion was seconded by Council Member Rosen and unanimously adopted. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: ART-CELEBRATIONS: Council Member Price announced that the Taubman. Museum of Art held a Family Day and Fashion Show on Saturday, July 31,2010. She mentioned the importance of continuing to let people know about the happenings in downtown; and expressed sincere appreciation to the Taubman Museum for making sure the public was aware that the museum is for all citizens. At 3:23 p.m., the Mayor declared the meeting in recess for a Closed Meeting to be held in the Council's Conference Room. . At 4:23 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Bestpitch moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter 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 Ferris and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-HOUSING: The Mayor called attention to vacancies on the Roanoke Redevelopment Housing Authority, Board of Commissioners created by the expiration of the four-year terms of office of R. Gail Burruss and Cheryl Miller on August 31,2010; whereupon, the Mayor called for nominations to fill the vacancies. 576 Council Member Ferris placed in nomination the name of R. Gail Burruss. There being no further nominations, Ms. Burruss was reappointed as a Commissioner of the Roanoke Redevelopment Housing Authority for a term of four years ending August 31, 2014; by the following vote: FOR MS. BURRUSS: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. OATHS OF OFFICE-PENSION PLAN: The Mayor called attention to a vacancy created by the expiration of the two year term of office of Theodore Adkins as a City Representative of the City of Roanoke Pension Plan, Board of Trustees, ending June 30, 2010; whereupon, the Mayor called for nominations to fill the vacancy. - Council Member Ferris placed in nomination the name of William Babb. There being no further nominations, Mr. Babb was appointed as a City Representative of the City of Roanoke Pension Plan, Board of Trustees, for a two-year term of office ending June 30, 2012; by the following vote: FOR MR. BABB: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor called attention to a vacancy created by the resignation of Lawrence E. Johns as a member of the Roanoke Arts Commission ending June 30, 2012; whereupon, the Mayor called for nominations to fill the vacancy. Council Member Ferris place in nomination the name of Greg Webster. There being no further nominations, Mr. Webster was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Lawrence E. Johns ending June 30, 2012, by the following vote: FOR MR. WEBSTER: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. OATHS OF OFFICE-VML COMMUNITY AND ECONOMIC DEVELOPMENT POLICY COMMITTEE: The Mayor called attention to a vacancy on the VML Community and Economic Development Policy Committee for a term ending June 30, 2011. Council Member Ferris placed in nomination the name of Council Member Court G. Rosen. I I I I I I 577 There being no further nominations, Council Member Rosen was appointed as a member of the VML Community and Economic Development Policy Committee for a term ending June 30, 2011, by the following vote. FOR COUNCIL MEMBER ROSEN: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-7. There being no further business, the Mayor declared the Council meeting adjourned at 4:25 p.m. APPROVED ATTEST: ~h;'hJnw Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor 578 August 16, 2010 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, August 16, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Stephen R. Stanley, Pastor, and Christ Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor asked for a Moment of Silence in observance of the passing of the late John Fishwick. He instructed the City Attorney to prepare the appropriate measure for action by the Council at a future Council meeting. PRESENTATIONS AND ACKNOWLEDGMENTS: DECEASED PERSONS: Vice-Mayor Trinkle offered the following resolution memorializing the late Gordon E. Peters, former Treasurer for the City of Roanoke: (#38910-081610) A RESOLUTION memorializing the late Gordon E. Peters, longtime resident of Roanoke and former City Treasurer. (For full text of resolution, see Resolution Book No. 74, page 376.) I I I I 579 Vice-Mayor Trinkle moved the adoption of Resolution No. 38910-081610. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. The Mayor presented ceremonial copies of Resolution No. 38910-081610 to Mrs. Jackie Peters and two adult children HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised 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. HUMAN SERVICES: Robert Gravely appeared before Council and spoke about social injustice. INNER-CITY ATHLETIC ASSOCIATION-RECREATION: George Riles appeared before Council and reiterated his concerns with regard to the mandatory merger of the Inner City Athletic Association with the Youth Athletic Council. He pointed out potential conflicts of interest of Clay Dawson as the Athletic Director of the Parks and Recreation Youth Athletic Council and Head Coach of a recreation division in Region I; and requested that the matter be investigated. COMPLAINTS-INNER-CITY ATHLETIC ASSOCIATION-RECREATION: Helen Davis appeared before Council and expressed concern regarding the mandatory merger of the Inner City Athletic Association with Region I of the Parks and Recreation Youth Athletic Council. INNER-CITY ATHLETIC ASSOCIA TION-RECREA TION-COMPLAINTS: Evelyn Bethel appeared before Council with regard to the mandatory merger of Inner-City Athletic Association with the Region I of the Parks and Recreation Youth Athletic Council. Without objection by the Council, the Mayor advised that the citizens' comments would be referred to the City Manager and Director of Parks and Recreation for appropriate response. (See copies of Memorandum dated August 18, 2010 and August 27, 2010, respectively, from the Recreation and Youth Development Superintendent and the City Manager on file in the City Clerk's Office.) 580 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. ROANOKE REGIONAL AIRPORT COMMISSION: A communication from James M. Turner, Jr., tendering his resignation as a City representative of the Roanoke Regional Airport Commission, immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. OATHS OF OFFICE-ROANOKE ARTS COMMISSION-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: Reports of qualification of Gregory W. Staples as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30, 2013; and Greg Webster as a member of the Roanoke Arts Commission to fill the unexpired term of Lawrence E. Johns ending June 30, 2012, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Rosen 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 Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. I I I I I I 581 PETITIONS AND COMMUNICATIONS: GRANTS-BUDGET-COMMONWEAL TH ATTORNEY: The Commonwealth's Attorney submitted a written communication recommending acceptance of a Victim/Witness Program Grant from the Virginia Department of Criminal Justice Services; and the City Manager submitted a written communication concurring in the recommendation. (For full text, see copies of communications on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38911-081610) A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of 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. 74, page 377.) Council Member Lea moved the adoption of Resolution No. 38911-081610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#38912-081610) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 378.) Council Member Lea moved the adoption of Budget Ordinance No. 38912- 081610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members' Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. 582 ELECTORAL BOARD: The General Registrar submitted a memorandum on I behalf of the Roanoke City Electoral Board requesting approval of the relocation of three polling sites for certain precincts in connection with a General Election scheduled to be held on Tuesday, November 2, 2010. (For full text, see copy of memorandum on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#38913-081610) AN ORDINANCE amending and reordaining Sec. 10-26, Same--Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #008, Jefferson #2; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 379.) Council Member Ferris moved the adoption of Ordinance No. 38913-081610. The motion was seconded by Council Member Rosen. Council Member Lea asked if the action taken today relates to the Voting Rights Act and whether or not the action would avoid approval by the Justice Department; whereupon, F. Gordon Hancock, Secretary, Electoral Board, clarified that the current I request pertains only to the relocation of the three sites for precincts and does not seek to sidestep the Justice Department or provisions of the Voting Rights Act, adding that if all three changes are approved by Council, the City Attorney will be required to forward the information to the Justice Department for pre-clearance. Brenda Hale, President, NAACP, appeared before the Council and spoke in support of the relocation of the three polling places, but asked that the Council ensure the protection of voting rights for all citizens. Daniel Hale, Vice-President, NAACP, also appeared. before the Council in . support of Ms. Hale's comments and expressed his concern regarding the manner in which the request for a change in the various precinct locations was presented to the public, adding that his request is that the City does not circumvent the Justice Department when changing polling locations for precincts. Council Member Bestpitch concluded that if Council is to consider the avoidance of future pre-clearance by the Justice Department, perhaps a Task Force should be established to obtain input from civil rights organizations in the community; and thereafter, all parties should come to a mutual agreement regarding the matter. I I I I 583 Council Member Price attempted to explain that the Council was only voting to change the locations of the voting precincts and was authorizing the change in order for the Electoral Board to submitthe request for changes to the Justice Department prior to the next General Election scheduled for November 2, 2010. The City Attorney also voiced his concern regarding the City Registrar's deadline for submission to be expedited to the Justice Department for approval, stressing that the timeframe for submission by the City should be at a minimum 60 days. Council Member Bestpitch called attention to a revised measure with a correction in the spelling of the voting place street name in the Jefferson Precinct No.2 location. Following additional questions and comments from the Council Members, Ordinance No. 38913-081610, as amended, was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Bowers-6. NAYS: Council Member Lea -1 . Council Member Ferris offered the following ordinance: (#38914-081610) AN ORDINANCE amending and reordaining Sec. 10-34, Same--Votina place. Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #012, Williamson Road #3; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 381.) Council Member Ferris moved the adoption of Ordinance No. 38914-081610. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Bowers-6. NAYS: Council Member Lea -1 . Council Member Ferris offered the following ordinance: (#38915-081610) AN ORDINANCE amending and reordaining Sec. 10-48, Same--Votina place. Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #019, Melrose Fire Station #5; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 382.) 584 Council Member Ferris moved the adoption of Ordinance No. 38915-081610. I The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Bowers-6. NAYS: Council Member Lea -1. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Employment Advancement for Temporary Assistance to Needy Families Participants Grant from the Virginia Department of Social Services. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: I (#38916-081610) A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 74, page. 384.) Council Member Price moved the adoption of Resolution No. 38916-081610. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. I I 585 Council Member Price offered the following budget ordinance: (#38917-081610) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 385.) Council Member Price moved the adoption of Budget Ordinance No. 38917- 081610. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. BUDGET-ARTS-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the National Endowment for the Arts Access to Local Arts Grant. I (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: I (#38918-081610) A RESOLUTION authorizing the acceptance of an Access to Local Arts Grant from the National Endowment for the Arts; authorizing the City Manager to execute any forms required by the NEA in order to accept these funds, provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such grant. (For full text of resolution, see Resolution Book No. 74, page 385.) Council Member Bestpitch moved the adoption of Resolution No. 38918-081610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-G. 586 Council Member Bestpitch offered the following budget ordinance: (#38919-081610) AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts Grant, amending and reordaining certain sections of the 2010-2011 Capital Projects and Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 386.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38919- 081610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. DONATION: The City Manager submitted a written communication recommending acceptance of a donation of a parcel of land on the south side of Hartsook Boulevard, S. E., from Richard H. and Gail G. Kepley. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: ' (#38920-081610) AN ORDINANCE authorizing acceptance of a dedication to the City of Roanoke of a parcel of land, known as a lot on Hartsook Boulevard, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103; expressing appreciation to Richard H. Kepley and Gail G. Kepley for the donation of the land; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 387.) Council Member Rosen moved the adoption of Ordinance No. 38920-081610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. I I I I I I 587 CITY CODE-STORM DRAINS: The City Manager submitted a written communication recommending amendment of the City Code to add an additional exemption under the City's Stormwater Management Ordinance for linear development projects. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38921-081610) AN ORDINANCE amending and reordaining subsection (d)(6) of Section 11.4-3, Applicabilitv, of Chapter 11.4, Stormwater Manaaement, 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. 74, page 389.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38921-081610. The motion was seconded by Council Member Rosen. In response to the Mayor's inquiry regarding what the Code amendment would allow, the City Manager responded that the amendment would allow tree planting that would not have an impact on stormwater requirements, and that the item does not relate to the two man-made lakes - Medmont and Montague - located in the Deyerle section of the City, which are private lakes owned and operated by homeowner associations. Mayor Bowers also inquired about the issue of maintaining the lakes if the homeowners did not; whereupon, the City Manager remarked that the two lakes do not meet the definition of storm water detention facilities and are of sufficient size regarding impoundment volume and dam height that they fall under Virginia Dam Safety regulations, adding that the Department of Conservation and Recreation has administrative responsibility for dam safety regulations and the homeowners associations are accountable by the Department to periodically inspect and maintain the dams, and in many cases make improvements to spillways and outfalls in order to conform to the regulations. Council Member Rosen pointed out that storm water regulations are from the Environmental Protection Agency (EPA), adding that the arrangement with the homeowner associations is a federal agreement to ensure adequate controls are in place for the two lakes, which arrangement makes it cheaper to maintain without storm water impact and since the homeowners own the lakes, they must bear the burden of maintenance. 588 There being no further comments by the Council Members, Ordinance No. I 38921-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. GRANTS-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written communication recommending execution of the 2010-2011 CDBG Subgrant Agreement with Total Action Against Poverty in the Roanoke Valley to conduct housing activities for Fiscal Year 2010-2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38922-081610) A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty in Roanoke Valley ("TAP"), upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 390.) I Council Member Bestpitch moved the adoption of Resolution No. 38922-081610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Trinkle, Bestpitch, Ferris, Lea, and Bowers-6. NAYS: None-O. (Council Member Rosen abstained from voting.) (Council Member Rosen serves as the City's representative to the Board of Directors for Total Action Against Poverty.) I I I I 589 SALE/PURCHASE OF PROPERTY: The City Manager submitted a written communication recommending execution of Amendment No. 2 to the contract between the City of Roanoke and 220 Church, LLC, for purchase and sale of real property located at 220 Church Avenue, S. W. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38923-081610) AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the purchase and sales contract dated March 4, 2010, as amended by Amendment No.1, dated June 21, 2010, by and between the City of Roanoke, Virginia, and 220 Church, LLC, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, by 220 Church, LLC, until no later than December 31, 2010, and requiring 220 Church, LLC, to provide the City written progress reports each month; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 391.) Council Member Rosen moved the adoption of Ordinance No. 38923-081610. The motion was seconded by Council Member Lea. Mayor Bowers reiterated his position in opposition of the sale of the Commonwealth Building. There being no additional comments by the Council Members, Ordinance No. 38923-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Lea-6. NAYS: Mayor Bowers-1 . SALE/PURCHASE OF PROPERTY: The City Manager submitted a written communication recommending execution of Amendment No. 2 to the contract between the City of Roanoke and W. E. Muse Station, LP, for purchase and sale of real property located at 425 Church Avenue, S. W. (For full text, see communication on file in the City Clerk's Office.) 590 Council Member Lea offered the following ordinance: I (#38924-081610) AN ORDINANCE approving an Amendment No.2 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment No. 1 dated April 22, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.2; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.2; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 393.) Council Member Lea moved the adoption of Ordinance No. 38924-081610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. SOIL REMEDIATION: The City Manager submitted a written communication I recommending execution of additional changes orders to the contract between the City of Roanoke and Total Environmental Concepts, Inc., in connection with the former Virginia Scrap Iron and Metal Company property. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#38925-081610) AN ORDINANCE authorizing the City Manager's issuance and execution of additional Change Orders to the City's Contract with Total Environmental Concepts, Inc. (TEC) for additional work on the former Virginia Scrap Iron and Metal Company Property Soil Remediation Project; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Change Orders to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 395.) I I I I 591 Council Member Bestpitch moved the adoption of Ordinance No. 38925-081610. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. SCHOOLS-BUDGET: The City Manager submitted a written communication recommending transfer of funds in connection with the transition of responsibility for School Crossing Guard activity. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38926-081610) AN ORDINANCE to transfer funding from Transfer to Schools to Police Patrol Temporary Employee Wages, amending and reordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 396.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38926-081610. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. HOUSING-BUDGET: The City Manager submitted a written communication recommending approval and execution of Budget Amendment No. 3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 between the City and the Roanoke Redevelopment and Housing Authority, including the Fourth Amended Budget. (For full text, see communication on file in the City Clerk's Office.) 592 Council Member Rosen offered the following ordinance: (#38927-081610) AN ORDINANCE authorizing the proper City officials to execute a Budget Amendment No. 3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.3) 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.3; authorizing the City Manager to take such actions and execute further documents as may be needed to implement and administer such Budget Amendment No.3; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 397.) Council Member Rosen moved the adoption of Ordinance No. 38927-081610. The motion was seconded by Council Member Lea. Council Member Rosen asked about the balance of the Community and Economic Development Fund after the purchase of the additional property; whereupon, the Director of Finance reported that the balance will be approximately $800,000.00, which amount will increase as other City properties are sold during the fiscal year. He also stressed the importance of keeping the fund protected for future opportunities for purchases and not for recovering costs. There being no additional questions and/or comments by the Council Members, Ordinance No. 38927-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. Council Member Rosen offered the following budget ordinance: (#38928-081610) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve and funds received from sale of property for the South Jefferson Redevelopment Project, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 399.) I I I I I I 593 Council Member Rosen moved the adoption of Budget Ordinance No. 38928- 081610. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: VIRGINIA STATEWIDE NEIGHBORHOOD CONFERENCE-POLICE-ACTS OF ACKNOWLEDGEMENT-LOCAL GOVERNMENTS FOR SUSTAINABILlTY~HUMAN RESOURCES: The City Manager announced that the 11th Annual 2010 Virginia Statewide Neighborhood Conference would be held in Roanoke on September 23 -25 at The Hotel Roanoke and Conference Center. He also commended the Roanoke Police Department for receiving two awards at the 85th Annual Virginia Association of Chiefs of Police Conference in Reston, Virginia, as well as the recognition of Officer N. D. Comas for his intervention in a suicide attempt on April 24, 2010. Mr. Morrill stated that the City's Fleet Department was recognized as a finalist in the 100 Best Fleets competition for 2010, and that ICLEI - Local Governments for Sustainability USA selected the City of Roanoke as one of four localities for its Pilot Communities in the Virginia Go Green Community Challenge Project Phase II (Green Community Challenge), to implement selected measures in the Green Community Challenge and to contribute to the pilot project activities, adding that the other three localities chosen were the Town of Blacksburg, Loudoun County and the City of Norfolk. In conclusion, he introduced Carolyn Glover as the City's newly selected Director of Human Resources. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds to various grant programs; and a report of the Director of Finance recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) 594 Council Member Price offered the following budget ordinance: (#38929-081610) AN ORDINANCE to appropriate funding from the Commonwealth government various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 400.) Council Member Price moved the adoption of Budget Ordinance No. 38929- 081610. The motion was seconded by Council Member Ferris and adopted by the following. vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers'" 7. NAYS: None-O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: VIRGINIA MUNICIPAL LEAGUE: Council Member Bestpitch offered the following resolution designating Council Member Anita J. Price as Voting Delegate and Council Member Court G. Rosen as Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section, and R. Brian Townsend, Assistant City Manager for Community Development, as Staff Assistant for any meetings of the Urban Section of the Virginia Municipal League on Tuesday, October 5, 2010 in Hampton, Virginia: (#38930-081610) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of resolution, see Resolution Book No. 74, page 401.) Council Member Bestpitch moved the adoption of Resolution No. 38930-081610. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and BoWers-7. NAYS: None-O. I I I I I I 595 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT: Council Member Rosen recognized Council Member Lea on receiving the William H. Hastie Award for national leadership in the field of criminal justice at the 2010 Annual National Association of blacks in Criminal Justice Conference in Atlanta, and commended him for his work and accomplishments during his 34-year career in criminal justice services. RECREATION-SCHOOLS: Vice-Mayor Trinkle requested an update on the two City pools since the temperature during some of the hot days of summer had been exceptionally high; and he announced the Blessing of Schools would be held on Sunday, August 22, 2010 at 4:00 p.m., at William Fleming High School, and encouraged the public to attend. NEIGHBORHOODS-POLICE: Council Member Lea asked the City Manager to study the possible use of cameras to monitor neighborhood streets and report his findings to the Council. PLANNING-COUNTRYSIDE: Council Member Ferris commended City staff on its efforts relating to the public meetings held to receive citizen input regarding Countryside, stating that the neighborhood residents deserved a decision,and whatever plan the Council endorsed, the City must be able to afford it. STATE OF THE CITY: Mayor Bowers stated that he was pleased with the feedback from his State of the City Address given on Thursday, August 12, 2010, at the Sheraton Hotel and Conference Center. At 4:33 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. 596 OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 16, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to 958.1- 3651, Code of Virginia (1950), as amended, approving the request of Family Service of Roanoke Valley for designation of its real property as exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 6, 2010. (See publisher's affidavit on file in the City Clerk's Office.) I The City Manager submitted a written communication recommending that Family Service, non-stock, not-for-profit corporation, be exempt from taxation of real property located at 360 and 366 Campbell Avenue, S. W., effective January 1, 2011, if the organization agrees to pay the subject service charges on the real estate by January 1, 2011. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38931-081610) AN ORDINANCE exempting from real estate property taxation certain property of Family Service of Roanoke Valley, located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 402.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38931-081610. The motion was seconded by Council Member Rosen. I I I I 597 The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38931-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Peters Creek Square Development Group to rezone property located at 1717 Peters Creek Road, N. W., Official Tax No. 6380205, from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010, for the purpose of expanding the existing structure and providing an additional structure and parking for commercial uses, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times . on Friday, July 30,2010 and Friday, August 6,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning, finding that the application to rezone the subject property to be consistent with Vision 2001-2020, the Peters Creek North Neighborhood Plan, and the City's Zoning Ordinance, and the proposed expansion will enable the redevelopment and maximized use of an existing commercial property. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#38932-081610) 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, 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. 74, page 404.) 598 Council Member Lea moved the adoption of Ordinance No. 38932-081610. The I motion was seconded by Vice-Mayor Trinkle. The Mayor inquired whether there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38932-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request to amend Vision 2001-2020, the City's Comprehensive Plan, to: (1) repeal the Melrose- Rugby Neighborhood Plan, adopted by City Council on June 18, 2001, and replace it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010 ("Plan"), as amended at the public hearing on July 15, 2010, which includes the following updated priority initiatives: continue rental inspections and code enforcement, evaluate the I transportation system and pedestrian/bicycle improvements, ensure continued recreational service in Eureka Park, consider the neighborhood as a focus area for federal grant funds, and update the Plan's land use map; and (2) amend the current Loudon-Melrose/Shenandoah West Neighborhood Plan, adopted by City Council on December 16, 2002, to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010, which includes the following updated priority initiatives for the Loudon-Melrose neighborhood: continue rental inspections and code enforcement, acquire grants to facilitate brownfield redevelopment, create a master plan for Melrose Park, consider the neighborhood as a focus area for federal grant funds, increase bicycle/pedestrian amenities, and update the rand use map to identify potential changes in industrial districts, and policies and actions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 30, 2010 and Friday, August 6, 2010. (See publisher's affidavit on file in the City Clerk's Office.) I I I I 599 The City Planning Commission submitted written reports recommending amendment of Vision 2001 -2020 to include the Melrose Rugby Neighborhood Plan; and amendment of Vision 2001 -2020 to include the Loudon-Melrose/Shenandoah West Neighborhood Plan. (For full text, see reports on file in the City'Glerk's Office.) Council Member Price offered the following ordinance: (#38933-081610) AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by deleting the Melrose-Rugby Neighborhood Plan adopted June 18, 2001, and replacing it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 405.) Council Member Price moved the adoption of Ordinance No. 38933-081610. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired whether there were persons present wishing to speak on the matter. Barbara Duerk appeared before the Council and spoke in support of the Melrose- Rugby and Loudon-Melrose Plans. Estelle McCadden appeared before the Council and spoke in support of the Melrose-Rugby Plan. She called attention to page 2 of the Plan whereby it states that the Parks and Recreation Department should ensure that the existing services of Eureka Park be equaled or improved if a new recreation center is built and that children should be able to safely walk or bike to it, and requested that the word "equaled" removed from the statement since the Center was an embarrassment to the community. She suggested that the word "better" be used instead. Mayor Bowers suggested that the word "equaled" be removed. Based upon comments by Ms. McCadden regarding the condition of the Center, Council Member Bestpitch requested that the City.Manager investigate the matter, report findings and his recommendation(s) to the Council. . Mayor Bowers also pointed out that the City Manager had asked staff to prepare' a long-term study of all City properties so that a baseline could be established. 600 There being no additional questions and/or comments by the Council Members, I, Ordinance No. 38933-081610 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. Council Member Price offered the following ordinance: (#38934-081610) AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by amending the Loudon-Melrose/Shenandoah. West Neighborhood Plan to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 407.) Council Member Price moved the adoption of Ordinance No. 38934-081610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and I Bowers-7. NAYS: None-O. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Innovative Educational Partners, LLC, to permanently vacate, discontinue and close that portion of Third Street, S. E., which is located between Norfolk and Campbell Avenues, S. E., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 30,2010 and Friday, August 6,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report advising that approval of the closure of a portion of Tl1ird Street, S. E., as set forth in Amended Application No.1, dated July 14, 2010 failed. (For full text, see report on file in the City Clerk's Office.) I I I I 601 The Mayor called attention to two measures that were submitted for consideration by the Council - (1) relating to Amended Application No. 1 considered by Planning Commission; and (2) relating to Amended Application No.2 tiled by Applicant after Planning Commission meeting. Chris Chittum, Agent, City Planning Commission, submitted a written report, on behalf of staff, recommending that certain conditions be imposed, as well as conveying the right-of-way to the applicant with no payment to the City, adding that the applicant proposes public infrastructure improvements that exceed the value of the right-of-way. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance relating to Amended Application No.2 filed by Applicant after Planning Commission meeting: (#38932-081610) 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, subject to a certain cQndition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. (For full teXt of ordinance, see Ordinance Book No. 74, page 404.) Council Member Bestpitch moved the adoption of Ordinance No. 38932-081610. The motion was seconded by Council Member Lea. Mr. Chittum explained the difference between the two ordinances stating that the first ordinance is based on the filing of an amended application during the Plannit:lg Commission meeting that was held on Thursday, July 23, 2010; and the second ordinance relates to an application that was filed after the Planning Commission meeting on July 23, 2010, which includes a pedestrian sidewalk through the site. He pointed out that the previous application, of which the Planning Commission voted 3-3, did not include a walkway through the site. Council Member Ferris questioned why the second application was filed; whereupon, Mr. Chittum advised that the applicant was attempting to respond to the Planning Commission's concerns regarding a walkway through the site. Council Member Bestpitch asked if the additional sidewalk and relocation of plantings were part of the amendment filed by the applicant or were based upon a recommendation by City staff; whereupon, Mr. Chittum indicated that the amendment reflected a staff recommendation that was based on the final application filed by the applicant. 602 Mayor Bowers asked if the area in question was a portion of 3rd Street directly in I front of the former Mill Mountain Theater storage building, and if the street would be vacated and developed into a green space with a public walkway from Norfolk Avenue to Campbell Avenue, S. W.; whereupon, Mr. Chittum answered in the affirmative and noted that staff would also ask that the walkway be placed in public easement so that the public could traverse the site. The Mayor inquired whether there were persons present wishing to speak on the matter. Lucas Thornton appeared in support of the petitioner and shared an overview of the proposed use of the vacated portion of Third Street, adding that Norfolk and Southern had expressed no interest in maintaining or acquiring any of the portion of Third Street requested for vacation; and he shared the following proposal: ~ Remove the asphalt, existing deteriorated sidewalk, curb and gutter along Third Street; ~ Work with Norfolk and Southern to remove and burry the utility lines - not only a long this block between Norfolk and Campbell but all the way to Tazewell; ~ Install more than thirty-five trees, hundreds of landscape bushes and evergreens; ~ Install benches and a plaza along Campbell Avenue; ~ Build sidewalk, curb and gutter along Campbell Avenue along the north edge of Third Street; ~ Build new storm water entrances along Campbell Avenue; ~ Build new sidewalk, curb and gutter along Norfolk Avenue; ~ Install a new and attractive safety fence along the railroad tracks on the western edge of the park; and ~ Install more than 20,000 square feet of new sod I Mr. Thornton mentioned that the costs alone would total over $160,000.00, more than 150 percent of the assessed cost of the street property. He added that what is properly termed the park, the following would need to occur: ~ Install more than 200 feet of sidewalk along the full property line along Norfolk Avenue; ~ Install new trees, curbs, gutters and a landscape strip; ~ Install a new entrance along Campbell Avenue; ~ Install new curb, gutters and stormwater entrances on Campbell Avenue; and ~ Install new trees, in tree grates along Campbell Avenue. I I I I 603 He remarked. that the costs were estimated to be an additional $85,000.00, bringing the total investment in the City's infrastructure to more than $245,000.00, twice the assessed value of the property on Third Street. Due to the financial strain on the applicant, he stated that such improvements --- $160,000.00 along Third Street and more than $245,000.00 in total improvements to the City's sidewalks and streets - the cost of trees being located in grates, as recommended by City staff, including the wells, was estimated at more than $2,500.00 per tree, a total of 16 trees to be located along the sidewalk on Norfolk and Campbell Avenues, an additional $40,000.00 at a minimum, and moreover another $10,000.00 for sidewalk and concrete, all of which total nearly $50,000.00 of additional expenses, adding that the additional amount would have a financial impact on Innovative Educational Partners. (See copy of comments on file in the City Clerk's Office.) Gretchen Weinning appeared before the Council in support of the project. Barbara Duerk appeared before the Council and spoke about a possible connection between Lick Run and Mill Mountain Greenway, as well as extending the Railwalk to Campbell Avenue and past the bus barn to Tinker Creek Greenway on Wise and west along Shenandoah Avenue to 24th Street. She asked that a non-motorized passage be maintained when the City vacates, discontinues or closes public property. (See copy of comments on file in the City Clerk's Office.) There being no additional speakers, the Mayor declared the public hearing closed. Vice-Mayor Trinkle questioned why concrete tree wells were being required in Option two; whereupon, Mr. Chittum answered that there are street design guidelines for each area of the City and the element of running the sidewalk from the front to the back of the property would provide a visual signal that you were in the downtown area. Vice-Mayor Trinkle asked if street lighting was in the plan; whereupon, Mr. Chittum answered that none was proposed. The Vice-Mayor also inquired if the petitioner was amenable with Option 2 without the tree wells. After much discussion regarding details of the project related to the request, including requirements for tree wells, sidewalk use, and parking issues, Mayor Bowers asked that City staff be allowed to work with the developer to address the specifics of the project. 604 There was a suggestion that the language in Ordinance No. 38932-081610 I relating to the Amended Application No. 2 filed by the applicant after the City Planning Commission meeting, on Page 3, Paragraph 1 following dated July 23, 2010, be deleted. There being no objection by the Council, Council Member Ferris moved that the language stated in Ordinance No. 38932-081610 relating to the Amended Application No. 2 filed by the applicant after the City Planning Commission meeting, which states, "with the additional requirement that the planting strip between the sidewalk and curb be substituted with additional sidewalk width and that trees be located in wells, such design being consistent with the Street Design Guidelines for downtown.", be deleted. The motion was seconded by Council Member Rosen and unanimously adopted. There being no additional questions and/or comments by the Council Members, Ordinance No. 38932-081610, as amended, was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Bowers-7. NAYS: None-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I 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. RECREATION-YOUTH-INNER CITY ATHLETIC ASSOCIATION: The following persons appeared and voiced their concern about the unfairness of the Inner-City Athletic Association not being allowed to become a separate region as part of the Youth Athletic Council: Robert Gravely, George Riles, Jerome Saunders (see comments on file in the City Clerk's Office), Jonathan Mack, and Jamie Price. There being no further business, at 8:29 p.m., the Mayor declared the meeting in recess to be reconvened on Monday, August 30, 2010, at 8:00 a.m., in the Virginia Western Community College Natural Science Center, 3096 Colonial Avenue, S. W., Roanoke, Virginia, for a Council Strategic Planning Work Session. The Council meeting reconvened on Monday, August 30, 2010, at 8:00 a.m., in the Virginia Western Community College Natural Science Center, 3096 Colonial Avenue, S. W., Roanoke, Virginia, for a Council Strategic Planning Work Session, with Mayor David A. Bowers presiding. I I I I 605 PRESENT: Council Members Anita J. Price (arrived late), Court, G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea and Mayor David A. Bowers-7. ABSENT: None-O. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, 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 M. Stovall, Director, Management and Budget; Amelia Merchant, Budget Administrator; Jonathan E. Craft, Deputy City Clerk; Jim Chrisinger, Senior Partner, the Public Strategies Group; Dr. Abrina M. Schnurman-Crook, Executive Director, Batten Leadership Institute, Hollins University; and Jennifer T. Brothers, Clinical Education Specialist, Hollins University. Mayor Bowers welcomed everyone to the Planning Work Session. He stated the purpose for the session and introduced the facilitators. The team shared the following with the Council: · Team Assessment/Team Building · Focus on group processing · Priorities of City Council · Build budget around outcomes - "Begin with the end in mind" · Set direction in order to receive more value · Request for results (similar to Request for Proposals) Ex. Write a proposal to request spending · Council will have an opportunity to send message for reward · Ensure that organizations feel as true partners. Input is important and investment in community is valued · Whole dollars have to be spent · Consider citizens point of view when considering priorities · Hold departments accountable for producing outcomes · Although elected officials do not have control, public will hold accountable At this point, Council Member Price entered the meeting (8:25 a.m.) Mr. Chrisinger stated that everyone should look at the priorities of the people of Roanoke, adding that in government, actions and money are only a part of the puzzle that government needs to be steered. 606 . Economy Jobs/Development - make Roanoke a thriving business~friendly community that encourages prosperity and job opportunities o Tourism development o Downtown development o Prosperity and business growth o Government stays out of the way o Regional approaches o Clean and green o Events and festivals o Uniform Marketing/branding o World class economic development function . Quality of Life - create a positive quality of life for all city residents by making Roanoke an attractive, vibrant city in which to live, work and play o "Strengthen" instead of "create" o greenways, parks and recreation, pools, libraries, parks, festival grounds, arts and cultural activities o strong neighborhood associations partnering with the City o things that make Roanoke special/authentic o celebration of diversity . Education - Improve student performance and graduation rates through proper results - driven school funding that encourages greater value through shared services and community involvement o Provide resources/services to the school division, instead of school funding o Workforce development o Community colleges o Education for life . Safety - ensure that citizens' emergency safety needs are promptly net and promote ongoing safe/livable neighborhoods o Neighborhoods and commercial corridors o Promote ongoing initiatives that create safe and livable neighborhoods and commercial corridors o Code enforcement o Natural disasters, emergency preparedness, river flooding . Human Services- Roanoke is a caring community that provides a social safety net while encouraging self-sufficiency... o Not all citizens will become self-sufficient o Mental health services accessibility (services are not necessary in sink with accessibility) o Veterans and senior citizens o Adult protective services, child protective services o Support to the most vulnerable or at risk o Spending funds wisely; producing appropriate outcomes I Council was instructed to draft statements using the following seven categories: I I I I I 607 o Regional approach to provision of services (across all outcomes) . "Good Government" - Provide efficient, responsible and open government to well serve our citizens o accountable to taxpayers and serve our citizens well o fair share of collection of revenue; citizens pay their fair share of taxes o equality in taxation o open and accessible o fiscal responsible . Infrastructure - work to maintain and create good city services for a clean, safe and sound infrastructure o Such as stormwater, solid waste management, sidewalks, public/alternative transportation, greenways, streets, neighborhood beautification and regional cooperation o "maintain and create...." o sound and constantly improving o maintenance on building, historic property, Parks and Recreation facilities There was discussion to determine what type of statements should be used by Council to state their priorities. The Council brainstormed and reported the following: . "Good Government" o bond rating o comparable tax rates o national accreditations o citizen survey/customer service o collection rates o transparent government o responsiveness and turn around times o federal/state office - accessibility . Economic Development o Unemployment rate o Job creation o T ax rates o New business o Responsiveness and turn around times o Tax incentives invested o Regional partnership data (website) o Uniform marketing with CVB (branding) o Sales tax per capita o Median income o Population growth o Homeownership (%) o Business retention o Visitor survey o Volume of convention/special event business 608 o Creative connector . Safety o National accreditation o Crime rate o Recidivism/community re-entry o Response times o Loss of life/property damage o Perceptions of safety . Human Services o Homelessness/rental assistance o Domestic violence/education o Number of children in foster care, CPS, APS . 0 Success rate of those receiving services (permanency) o Local share funding o Maintenance in the community vs. hospitalization (mental health services) . Education o Graduation rates o Drop out rates o Truancy o AYP/SOL scores o Free and reduced lunch rates ) o Shared services (how many services shared and value added) o Post-secondary activity (technical training, college, community college, military o Accreditation o SAT o Teacher pay comparison o Teacher retention o Participation at higher education center, medical school o Participation in life-long learning activities/programs o Public television support . Quality of Life o Life long learning activity participation o Citizen survey question o City services (potholes, solid waste collection, responsiveness) o Residential property values o Distance to park facility./green space o . Festival frequency, attendance, economic impact, new festivals/events/marathons o Use of greenways, recreation facilities o Measurement of carbon footprint o Tree canopy . Infrastructure o Flood prevention/decrease number of flooded properties o Stormwater maintenance efforts o Street paving I I I I I I 609 o Percent of budget spent on capital maintenance activities o Sidewalks, curbs and gutters o Rate of water/sewer line replacements o Decrease in solid waste; increase in recycling o Customer perception - responsiveness o VDOT funding level - use of funding o Traffic signalization (go green) o Bridge maintenance o 'Walkable" streets o bike friendly community status o airport - flights and embarkations o rail service and commuter service o affordability of transportation (consistent methodology) o neighborhood plans - accomplishments completed o public transiWalley Metro/RADAR The City Manager will take the list and work into budget process. At 12:10 p.m., the meeting was declared in recess. At 12:46 p.m., the meeting reconvened with Mayor Bowers presiding and all Members of the Council in attendance. Round table dialogue was held regarding the five dysfunctions of a team and the politics of change. (See documents on file in the City Clerk's Office.) Mr. Morrill called attention to referenced information distributed to the Council under date of August 23, 2010, i.e.: an example of budgeting for outcomes priority statements from other localities; a summary of the results from the FY201 0-2011 budget survey; and a summary of the results from the 2007 citizen survey. (See copies of information on file in the City Clerk's Office.) The following additional items were listed as hopes and fears regarding the new budget process: Hopes . Argument for funding . Process Embraced . Opportunity in Adversity . Transform how Government is Seen . Budget Reflects Priorities (Citizen) . Public Understands Process . Get More Accomplished 610 . Buy-in . Maintain Position with Cities of Same Size . Allow Taking a Longer Term View . Promotes Collaboration I Fears . Less Transparency . Less Control . Results Come Back to Haunt Council . Lack of Understanding - Leads to Breakdown of Communication . Who Have we Left Out? . Priority Given to Things that are Easy to Measure . Not Knowing the Process and Understanding it . It will Actually Increase Costs The items listed below were things to be considered by the Council while going into the budget process: . More work at first . Once you fund things, you want to know how you are doing . Focus on the ones that matter . Make the case for spending (Research, Data, Etc.) I . Generate more collaboration . Leveraging of resources . As you have employees serve on teams, they get a broader vision for the whole organization . Be very realistic . Advantage of having a City Manager with experience . Allow proposals in the alternative Also, things to remember about the new process: . City-wide priority teams will be cross functional . Strategic maps . Educational kick-off for employees . New budget will look differently . Begin with the end in mind Following indepth discussion of the listed items, the City Manager indicated that the next step would be to establish priority teams that would be responsible for refining the priority statements, creating strategy maps for addressing the priorities, and developing requests for results to meet the priorities, adding that it is anticipated that the I initial work of the priority teams could be completed with the next 45 - 60 days, after which the abovementioned information would be presented to the Council. I I I 611 There being no further discussion, the Mayor declared the recessed meeting adjourned at 2:00 p.m. APPROVED ATTEST: ~h). ~ Stephanie M. MOO:! . City Clerk