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Home My WebLink AboutMins 08/01/11 - 12/19/11 I I I 1 ROANOKE CITY COUNCIL-REGULAR SESSION August 1, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, August 1, 2011, at 9:00 a.m., in the 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, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5, 2011, with Mayor David A. Bowers and Chairman David B. Carson presiding. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Anita J. Price, David B. Trinkle, and Mayor David A. Bowers-5. ABSENT: Council Members Sherman P. Lea and Court G. Rosen-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk; and Timothy P. Spencer, Assistant City Attorney. SCHOOL TRUSTEES PRESENT: Mae G. Huff, Suzanne P. Moore, Richard Willis, Jr., and Chairman David B. Carson-4. SCHOOL TRUSTEES ABSENT: Annette Lewis, 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 Sherman Stovall, 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 School Trustee Willis, the successful candidate appointed by the Council at its July 5 meeting to fill the unexpired term of Jason Bingham ending June 30, 2012. 2 Items for Discussion: I A schedule of all fall sports. includinq middle schools In connection with high schedule football, Dr. Bishop explained that the schedule was very active and pointed out that the students would have to travel approximately 90 minutes or more outside of the City limits to compete in the sport. She further explained that a number of solutions had been presented to the Virginia High School League (VHSL) and all of them have fallen upon deaf ears. In addition, she was particularly proud of the middle school sports schedules, adding that there were many improved venues. (See copy of the Fall Sports Schedule handout on file in the City Clerk's Office.) The Mayor questioned if the same restrictions placed on high schools applied to middle schools; whereupon, Dr. Bishop responded that they did not. In connection with the football schedule, he expressed concern about the amount of time and distance required by the football players and asked if litigation was a possibility. Chairman Carson explained that every option, short of litigation, had been attempted and he, the Deputy Superintendent and School Trustee Putney had traveled to Charlottesville on two occasions to meet with the VHSL to discuss the Division's concerns about the severe disadvantages playing far away from home places on the athletes. The I Chairman emphasized that both high schools were at a competitive and educational disadvantage compared to other AM schools due to the amount of travel time required for sporting events, and that approximately $60,000.00 is spent, per high school, each year for sports related travel. He remarked that in the prior year at the School Board's request area legislators introduced a State appellate process for VHSL concerns. Unfortunately, the legislation went nowhere, but the School Division is hoping that a legislative solution might be pursued in the upcoming year. Mayor Bowers questioned if the issue was mainly with Danville, Halifax and Roanoke City Schools; whereupon, Chairman Carson responded that he was referring to the schools at the end of the terminus and since Franklin County was in the middle the athletes only had to travel an hour each way. Mayor Bowers asked if other regions in the state were affected; whereupon, Dr. Bishop responded in the affirmative. Council Member Bestpitch inquired if the government officials in Halifax and Danville were as concerned about the issue. Dr. Bishop responded yes, adding that there appears to be an atmosphere to abide by the decision of the VHSL. Council Member Bestpitch commented that if state legislators started hearing from all affected localities, perhaps the message would have a greater impact than only one locality making a complaint. I I I I 3 In response to the qualifications of the VHSL membership, Dr. Bishop explained that VHSL members were appointed and the guidelines differ from state to state. Council Member Price recommended creating a coalition consisting of elected officials, school board members, PT A representatives and parents for the purpose of raising awareness about the issue. Chairman Carson stated that while Council Member Price had made a good point, the issue was only of concern to Roanoke City Public Schools because surrounding jurisdictions did not have the length of travel concerns and the local schools did not want to play the City schools. Update with reqard to security in schools and number of resource officers. etc. With regard to security in the schools and the number of resource officers, Dr. Bishop distributed copies of the School Resource/Dare and School Security Officer Assignments for School Year 2011-12. She mentioned that there were two openings at William Fleming High School and the vacancies were due to retirement and a promotion. (See School Resource/Dare and School Security Officer Assignments for School Year 2011-12 handout on file in the City Clerk's Office.) Chairman Carson called attention to the handout regarding new regulations put in place regarding concussions, (See copy of the Roanoke City Public Schools Concussions Overview dated July 29, 2011 on file in the City Clerk's Office.) Update with reqard to personnel assiqnments. i.e. administrators, principals. assistant principals, athletic directors and coaches With regard to personnel assignments, i.e. administrators, principals, assistant principals, athletic directors and coaches, Dr. Bishop advised that the field had been narrowed to two candidates for the position of Supervisor of Human Resources, adding that the position of Director of Mathematics had just been filled and Linda Butts had accepted the position as Principal of Virginia Heights Elementary School; John Bangley had been hired as the new Assistant Principal of William Fleming High School, an experienced dean from Langley, Florida with experience as an assistant principal; and John Otey would be the new Athletic Director of William Fleming High School. (See copy of the new Staff Fall 2011 handout on file in the City Clerk's Office.) 4 Lastly, Dr. Bishop referenced the Roanoke City Public Schools Varsity Head Coaches as of August 1, 2011 handout and explained that blanks on the list indicated vacancies. 1 (See copy of handout on file in the City Clerk's Office.) Update with reqard to public buildinQs, such as use and maintenance needs, etc. With regard to public buildings, such as use and maintenance needs, etc., Dr. Bishop announced that the buildings and grounds were in good condition and deep cleaning was underway in all buildings and the schools would be ready for opening day on August 29, 2011. (See handout regarding buildings background information on file in the City Clerk's Office.) Update reqardinq the enhanced summer proqramminq (readinq camp and 5-5-5 Dr. Bishop gave an update regarding the enhanced summer programming (reading camp and 5-5-5), explaining that a number of students have benefited during the summer from the various programs offered by the School system, and that the reading camp for grades K-2 was still in session at Highland Park Elementary School 1 and encouraged the Council and City officials to visit the school and observe the students' excitement about reading. In connection with the 5-5-5 program, she mentioned it was five careers in five days for fifth graders and expressed appreciation to City Council for providing the opportunity for students to spend a week at the Taubman Museum of Art. AP Grant for William Fleminq Dr. Bishop explained that William Fleming was currently fully engaged with AP classes and with five times more students involved in the honors program than in previous years, adding that the cost of the PSA T would be paid by the Division for each student and there would be more coaching for the SAT. Vice-Mayor Trinkle stated that grants were great, but was concerned about the elimination of the grants and the continuation of the program thereafter. Dr. Bishop explained that once teachers are trained, the expense will be less and the Division hopes that the teachers will be retained which will eliminate the need for any startup costs. 'I I 1 1 5 Discussion of the Joint Committees (facilities and ioint services/fundinq) Chairman Carson recommended that the Joint Facilities Committee be abolished and the Joint Services Committee remain. Mayor Bowers asked that the Schools work with the City Attorney to prepare the necessary measure dissolving the Joint Facilities Committee. The Assistant City Attorney advised that he would work with Chairman Carson with regard to the matter. Comments bv Council Members/School Trustees Council Member Price commented that she had attended the Cox Communications sponsored round table business discussion on the previous Wednesday, noting that the conversations were very intense; however, the dialogue was entirely too short, but it was stimulating to see businesses aligned with education. Chairman Carson reported that the School Board would be releasing a formal date with regard to the naming of certain locations within William Fleming High School. Council Member Bestpitch stated that the sports schedules for both high schools appeared to be fairly similar, with the exception of cheer competitions at William Fleming. Dr. Bishop explained that the schools have different cultures, but she would research the matter as to why Patrick Henry would not be competing in the cheer competitions and share the results with City Council. In response to an inquiry from Mayor Bowers regarding the School's annual convocation, Dr. Bishop announced that the convocation is scheduled to be held on August 23 at the Roanoke Civic Center, with area legislators in attendance. Chairman Carson also announced that fall sports have begun, Back to School Blast would be held on August 13 at the Roanoke Civic Center and the Blessing of the Schools would be held at Patrick Henry High School on August 14 at 2:00 p.m. School Trustee Moore announced that she was working as a liaison with middle school groups on starting Food for Thought gardens, which is a joint venture with the Virginia Western Community College Foundation Board to help with nutritional and teenage obesity education. She added a horticulture class will be offered in the fall at James Madison Middle School. Principal Gene Jones welcomed everyone and expressed appreciation to all for their efforts in making last year at Fleming a success. He pointed out that William Fleming had received a Virginia Advanced Study Strategies (V ASS) grant which will be used for advanced English, math and science classes. He concluded that he was excited about the upcoming school year. 6 There being no further business, the Chairman declared the School Board meeting adjourned at 9:55 a.m. 1 There being no further business, the Mayor declared the Council Meeting in recess at 9:55 a.m. The recessed Council meeting 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 Council in attendance, with the exception of Council Members Lea and Rosen. 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 Bestpitch moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5, 1 NAYS: None-O. (Council Members Lea and Rosen were absent.) CITY COUNCIL : A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, consisting of two parcels bearing Official Tax Map Nos. 6421001 and 6421113, located at 0 Ben Street and 0 Lewiston Street, N. W., respectively, 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.) 1 1 I 1 7 Council'Member Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) CITY COUNCIL: A communication from the City Manager requesting that City Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, specifically discussion of two proposals received by the City to develop recreational uses on portions of Official Tax Map No. 6472302,2100 Countryside Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) CITY COUNCIL A communication from the City Manager requesting that City Council convene a Closed Meeting to discuss the disposition of publicly-owned property, consisting of an approximately 1.36 acre portion of Official Tax Map No. 1380101, 3057 Colonial Avenue, S. W., 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.) 8 Council Member Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: 1 AYES: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRI EFI NGS: Diversity Report Sherman Stovall, Assistant City Manager for Operations, introduced Carolyn 1 Glover, Director of Human Resources, to provide a briefing on the diversity of the City of Roanoke workforce. Ms. Glover highlighted the following: 1 9 1 BACKGROUND · Major Employer - 1,621 Total Employees · Relationships/Partnerships - EEOjCivil Rights Organizations - Colleges & Universities - Staff I 'I Promote Diverse Workforce 1 The City of Roanoke as one of the largest employers in the Roanoke Valley with 1621 employees continues to capitalize on opportunities to engage the talents and contributions of our diverse community. During 2010 emphasis remained on increasing the diversity of the workforce and our capacity to be successful in a diverse, multi-cultural work environment. The City continues its established relationships and partnerships among City staff, EEO/civil rights organizations, colleges, universities, sororities, fraternities and other groups interested in diversity. 1 10 CURRENT GENDER DISTRIBUTION 1 Male Female -Staff 64.16% 35.84% -New Hires 57.02% 42.98% -Promotions 62.62% 37.38% ,""-. -.':--: - ";-.- ,-' -- -. ~O'[WlliJ~O@ITiJ @~ ~~@)W 1 ------= ----=-~ A review of 2010 employment data shows that males continue to comprise over half of the City's staff, with women currently comprising 35.84% (a slight increase from 2009, but still lower than 2008). 1 I 1 Statistically, the City experienced a decline in the percentage of females hired during 2010 (42.98%) when compared to the percentage of females hired during 2009 (52.38%). However, there were actually 41 more females hired in 2010 then 2009. (11 in 2009 and 52 in 2010) Total Staff 2010= 1621 2009 = 1560 2008 = 1733 I 11 12 1 There are similar circumstances when reviewing the distribution of promotions; the actual number of females promoted in 2010 (40) exceeds the number of females promoted in 2009 (27), but"statistically has a lower percentage of the total number of promotions when compared to the year prior. 1 Total promotions 2010=107 2009 = 55 2008 = 63 I 13 1 CURRENT RACIAL DISTRIBUTION Minorities % · City of Roanoke Staff 20.97% i · Local Roanoke City Workforce 19% 'I. Roanoke City Population 31.22% '0'... "',...'..... . , 1 Minorities or people of color comprise 20.97% of City staff. We continue the lead when compared to the Roanoke City workforce, which is comprised of 19% minorities. The City's overall population of 94,911 is 31.22% minority, as reported in the Virginia Employment Commission's April 2011 demographic profile. 1 ,.~~~s~:>?~. \~~l~~*-:-.::,'::;: [R{cID~D<ID~ [Q)D~~[fD[b)M~D@[fi) @~ ~~@)W 14 This chart distinguishes racial categories of White, Black, and Other (Black and Other combined when "minorities" is referenced). It is notable that the "Other" category has expanded in new hires and promotions and additional categories of race may be considered in future briefings. 1 Minority staff increased slightly from the 2009 figure of 20.19% to 20.97% 1 Employment data for 2010 shows that 21.49% of new hires were minorities or people of color. This is a statistical decline from the previous year; however 20 more minorities were hired in 2010 than in 2009. 1 15 1 ~CID~OCID~ [Q)O~~[Jo[b)(ill~O@[fU @~ [P)[J@[ITfi)@~O@[fU~ ~ -----==-~- - --~~-- [Q) @ 7@ @ ~ 4:ID ~ ~ 'i@ @ S' ~ Ba)( o Ota" ~O:O~l ~O:O!) M 1 Among 26 promotions of minorities in 2010, the City expanded diversity among its leadership team by promoting women of color to the positions of Risk Manager, Director of Human Resources and Director of Management and Budget. This is reflected in the 24.3% promotional rate; the highest in three years. (C[}={]~[UU~[M~~~ o ~lW[w~IT~ ~~@ltW = [fO[f'@ @! ~~ o !F>lW[w~IT~ \YAYl@~ =~~~ ~~ o @lW~UlIDJ][ji)ITM@@ =~ = ~@iYA17 [}{m~ 1 16 Public Safety . Fire/EMS historically is a white-male dominated environment. . Ranks lowest in gender distribution. . While gender diversity has expanded some within this area, it is not significant enough to be considered a great improvement Public Works . Skilled craft jobs gender diversity is also minimal 1 Opportunities . to improve diversity through promotions and new hires . Fire/EMS academy - 24% minority (male& female) -17hires . Police academy - most diverse academy hired in last several years (19 hires) - 37% minority (male& female) 1 Diversitv Advisorv Council The Diversity Advisory Council is comprised of 26 employees representing departments throughout the organization. Meeting monthly their focus is on helping to create an inclusive workplace which provides all employees the opportunity to contribute their diverse gifts and talents. The council sponsors monthly learning events and an annual celebration in support of this effort. 1 17 I Diversitv Month In recognition of October as Diversity Awareness month the Diversity Advisory Council sponsors activities and programs to focus on diversity and inclusion. The Council sponsored a learning event entitled "Harmony in Diversity". The event featured Jerome Frederick, diversity practitioner and steel pan musician. Mr. Frederick presented diversity and inclusion in the workplace using music as the framework. Additional workshops were conducted throughout the month offering employees opportunities to enhance their cultural competency skills. Lunch & Learns Lunch and Learn events continue to be used to provide informal opportunities for staff to enhance awareness and understanding of the broad dimensions of diversity and inclusion. Topics have included understanding mental illness; examining personal bias; land ownership and the American Dream from a global perspective; generational diversity; and homelessness in the Roanoke Valley. 1 Leadership and Emp/ovee Development Recent budget cuts have required a reduction in the professional development and leadership programs available to employees. Initiatives such as The Employee Development Program (EDP), Foundations for Leadership Excellence (FLE) and Leadership Development Initiative (LDI) programs were suspended in 2010. 1 18 Recruitment - HR participates in numerous career fairs; due to budgetary restrictions recruitment efforts have been very selective. Events identified are either at no cost, visible/high profile fairs, or have a direct impact on efforts to recruit minority applicants. In some cases, we have been successful in negotiating a lower rate to attend. I Partnerships - We continue to maintain and build new relationships with career placement offices, and agencies in the Roanoke Valley. We worked closely with TAP This Valley Works Career & Lifestyles workshop for individuals returning to the workforce. We've conducted mock interviews and resume writing workshops. We have continued our internship program with unpaid opportunities. A total of 11 students participated in internships during 2010. The Police Department provides staffing support at various community events and job fairs. Additionally they assist with placing recruitment materials in various locations throughout the City to help us reach citizens whose primary language is other than English. To help reduce travel cost, Fire-EMS provides transportation for recruitment events outside of the immediate area. Future initiatives with public safety includes: Public Safety Recruitment Video targeted toward minorities and a Recruitment Summit for Law Enforcement. Municipal Volunteer Proqram has partnered with several organizations over the past year. The participants of MVP range in demographics, age, and socioeconomic status. Current partnerships include Roanoke College, Upward Bound, Hollins University, Family Service of Roanoke Valley, the Roanoke Redevelopment and Housing Authority, the VIEW program (Virginia Initiative for Employment not Welfare program through Social Services, and Goodwill SCSEP (Senior Community Service Employment Program). These partnerships have provided diverse opportunities for the participants to gain employment skills that will assist in their employment search. The Municipal Volunteer Program recruits volunteers at events ranging from local Colleges and Universities, DePaul Services Foster Program events such as "On Our Own", High Schools and Trade Show events. From 7/1/09 -6/30/10 [Vols. 2,589; HRS = 43,557.25; $ = 911,653.24] 1 (See copy of presentation on file in the City Clerk's Office.) Mayor Bowers called attention to a report by the City Clerk that had been distributed to the Council outlining the diversity of volunteers serving on various Council-appointed authorities, boards, commissions and committees. (See copy on file in the City Clerk's Office.) 1 I 1 1 19 Council Member Bestpitch referred to the slide showing Gender Distribution of Staff and pointed out that between 2008 - 2009 more women had left employment with the City of Roanoke than men. He then raised a questioned whether the City of Roanoke population was for the entire City or just the population of workforce-age citizens. Ms. Glover replied that the number indicated the entire population. Council Member Ferris referred to the New Hire Distribution slide, and asked if a comparison had been done with regard to the overall number of applications from each statistical group. Ms. Glover indicated that such statistical analysis had not been done. Council Member Ferris then inquired if the numbers indicated that not enough applications were being received from minority groups in the areas of public safety. Ms. Glover replied that the application process for public safety positions was very demanding. Mr. Stovall interjected hat in previous years, the City of Roanoke had been more aggressive in recruiting minorities and due to budget reductions some of the activities had been curtailed. Council Member Ferris questioned if a recruitment effort had been made schools predominately black colleges; whereupon, Ms. Glover responded in the affirmative, adding that in previous years City representatives had attended the CIAA conference in Charlotte, North Carolina, where several colleges have participated in a career fair segment and City representatives have visited colleges and uni'versities across the state. In response to another inquiry from Council Member Ferris as to what the Council as a Whole could do to assist the City with its efforts, the City Manager indicated that the Council could stress the importance for youth not to get in any legal trouble that would adversely affect career opportunities and to encourage them to pursue a career in public safety. Council Member Ferris added that education was the key. Council Member Price commented on the Promotion Comparison from 2009- 2010 slide, noting that the promotion of minorities had more than doubled, and asked about the challenges in the area of skilled crafts; whereupon, Ms. Glover commented that fewer women were interested in being mechanics and heavy equipment operators. Council Member Price thought opportunities existed for the City to partner with the Roanoke City Schools for the purpose of combined recruitment efforts and suggested that they be pursued because of untapped resources that were available. Vice-Mayor Trinkle commented that both the Carilion medical school and the Jefferson College of Health Sciences also went to the career fairs of historically black colleges, adding that it might be worth both working with the City to sell Roanoke as a place for employment and higher education. 20 Mayor Bowers asked that the report be. summarized and published in the Roanoke Tribune. He commented that he was happy to know that future reports would include other minority groups, and that he would like to see a comparison of persons hired by job class. / In response to the statistics relating to the make up of individuals serving on the Council-appointed authorities, boards, commissions and committees, Council Member Price reported that in reviewing the statistics, the numbers were sad; and this was also something the Council should keep in mind when seeking applicants. Council Member Bestpitch agreed with Council Member Price comment and recommended that assistance be sought from the SCLC and the NAACP when filling vacancies. There being no further discussion, the Mayor advised that the report would be received and filed. ADA Compliance: Sherman Stovall, Assistant City Manager of Operations, introduced Jackie Clewis, Risk Management Administrator, to present a briefing on the City of Roanoke's compliance with the Americans with Disabilities Act (ADA). ~a ROANOKE AMERICANS WITH DISABiliTIES ACT TITLE II COMPLIANCE 1 1 1 I WHAT IS THE AMERICAN8WITH DISABILITIES ACT OF 1990 (ADA)? · The Americans With Disabilities Act (ADA) is a cO,mpr~hensive disability rights Ia,w. .Prohibits discrimination' on the basis of disability. in employment, public services,publicaoc6rnmod~tiohS, telecom m u nications and transportatioh. 1 TITLES OF ADA The ADA is cover~d by five titles, including: Title I - Employment Title 11- Public Entities and Transportation Title 111- Public Accommodations and Commercial Facilities Title IV- Telecommunications Title V- MisCellan'eous 1 21 22 I -"'~THE CITY'S IMPLEMENTATION PLAN ROANOKE · In '1992, self evaluation of all city facilities to determine barriers to persons with physical disabilities. · Worked closely with the Mayor's Committee for People with Disabilities and Slue Ridge Independent Living Center to address concerns with compliance. · Risk Management Officer serves as the ADA Com pi ianceOfficer. ~~ THE CITY'S IMPLEMENTATION PLAN ROANOKE 1 · As of 2000, curbs were brought into compliance. · Additional curbing is addressed on an on-going basis when requested and during all new construction and repair projects. 1 1 ~ . . :J1I/IIIIiiJI ~ CURB CUT CITY MARKET CORNER ROANOKE 1 ~ OURB OUT AND RAMP CAMPBELL ~GARAGE ROANOKE . 1 23 24 ~. ROANOKE THE CITY'S IMPLEMENTATION PLAN 1 · As of June 2001, all city buildings were modified. a~ required and as identified in the Implementation Plan. · As of May 2005, accessibility modifications to city parks and recreation facilities were completed. 1 RAMP- MILL MOUNTAIN. RESTROOMS 1 1 WALKWAY - LAKEWOOD PARK 1 ..: ~"'~ ,;t.-',. -.-.,. ROANOKE RECENT CHAN.GES. TO TITLE II OF THE ADA By March 12, 2012, Roanoke will need to comply with the following changes: · Adoptionofthe 2010 ADA Standards for Accessible Design for new construction and alterations. · Element by Element Safe Harbor. Covered facilities that were built or altered In compliance with the 1991 Standards would not be required to be brought into compliance with the 2010 "Standards until the elements were subject to a planne<;J alteration. ~.. ~ t'JJ1J- - I Ji\'t Lr -~~ 1 25 26 "~ ROANOKE RECENT CHANGES TO TITLE II OF THE ADA 1 · TicketinQ. Provides guidance on the sale of tickets for accessible seating. · Service Animals. Defines "service animal" as a dog that has been trained to do work or perform tasks for the benefit of an individual With a disability. =' ,:'.;01 ~. . . ~ ~~ ROANOKE RECENT CHANGES TO TITLE II OF THE ADA 1 ~ ~ . -- ~ M · Wheelchairs and Other Power-Driven Mobilitv Devices. Draws distinctions between wheelchairs and "other power-driven mobility devices" which include a range of devices not designed for individuals with mobility impairments, such as the Segway@ PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs must be permitted as a means of transportation. "Others" must be permitted unless the entity can demonstrate that this significantly alters programs or creates a safety problem. 1 1 ~~ ROANOKE RECE;NT CHANGES TO TITLE llQF THE ADA . Effective Communication. Includes vide:o remot~ intetp'u~ting;(YRIJ services' as a kind of auxiliary-aid that may beusedto provide effective communication. VRI is an ihterpretingservice that uses video confer.ence techno!cigy 9v~rcje.dicate:d lines or wir.eless technology off~ring a high-spe'ed, Wide-Q;andwiqth video connection that delivers high.,.qualit . vide.o images f..1 Video Interpreter 1 RECENT CHANGES TO TITLE IIOF THE ADA . Residential HousinQ Offered for Sale to Individual Owners. Establishes design requirements for residential dwellinQ units built by or on behalf of public entities with the interjt that the finished units will be sold to individual owners. . Detehtionand Correctional.Facilities. Requires three percent ()f newly constructed or altered cells to be accessible. 1 27 28 1Iir~ ROANOKE WHAT SHOULD CITIZENS DO IF THEY HAVE AN ADA ISSUE 1 Start with the Office of Risk Management . Investigate to determine what the issue is~ . I.f it. .does not i.nvolve. City pro.p. erty/progr.am, refer to app.ropriate agencies that may i:>e able to. assist them; usually Blue Ridge Independent Living Center (BRILC). . If it does involve a city property/program, determine if a modification can be made and worK closely with the city department that is responsible to make the modification; if not, seek other ways to resolve the issue, . Communicate the results, soilcit feedback and suggestions. ~ ROANOKE KEYS TO ENSURING COMPLIANCE 1 · Continue to Self-Evaluate · Maintain open communication with public through active involvement with Mayots Committee for People with Disabilities · Maintain working relationship with agencies such as Blue Ridge Independent Living Center (BRLC) (See copy of presentation on file in the City Clerk's Office.) 1 I 1 I 29 Mayor Bowers inquired if the report had been shared with the Mayor's Committee for People with Disabilities; whereupon, Ms. Clewis responded that it had not, but she would present the information to the group. Mayor Bowers asked whether or not the City's Risk Management Compliance Officer served for the school system and if a similar report would be presented by the schools; whereupon, Ms. Clewis replied that she was not the compliance officer for the school system and was not aware if a report on ADA compliance would be presented. Council Member Bestpitch inquired about any challenges facing the City and if so, was a list being compiled. The City Manager replied that every effort was being made to ensure that all needs were being addressed and citizens were encouraged to notify City staff of any concerns. There being no further discussion, the Mayor advised that the report would be received and filed. Coca Cola Recyclinq Proqram: Sherman Stovall, Assistant City Manager of Operations, announced that he was very excited about a partnership opportunity among the City of Roanoke and Coca-Cola Bottling Company Consolidated (CCBCC) to enhance recycling efforts, and introduced Skip Decker, City's Solid Waste Manager; Alison Patient, Director of Corporate Affairs, Coca-Cola Bottling Company Consolidate; and James Bailey, President/CEO, Red Moon Marketing, for a briefing on the Recycle and Win program that would be offered in the City of Roanoke. 30 ~. ROANOKE 1 ~" UYI e POIITIY.i.,. Present__ . o "RECYClE .. WINI" ~. ROANOKE 1 Current Recycling Program Dual Stream Co-mingle Collection Program e. ~....~....~'.~~'1~ 1st Week - Bottles, Plastics & Cans .--'.}\\~ .~ ~t9\': '-' 2nd Week - Paper Products I 1 .....~",.... ~~ ROANOKE "RECYCLE & WIN!" 0 ~" ktrl'e.OJ.l'ri'JfIJ" Coca-Cola Bottling Company Consolidated "CCBCC program Successfully promoted reCycling and erwironmental awareness in other cities NON an oppon:unity for City of Roanoke residents to participate 1 ~" 'WI e "O.,ffIU(r Mails information to all City residents which includes: _ Specifics of the City's curbside service Instructions for participation in "Recycle & Wi n!" ~~. -..~..., , ~_' .r.\\ ~'. ~. ~ . 1 31 32 How It Works... o 1 ~ Resident~ place program sticker on curbside recycling - bin (participation strictly voluntary) ~ Coca-Cola "prize patrol" visits neighborhoods on - - recycling days each week ~ Identify curbside recy~ling bins that display the program - - sticker and has appropriate contents ~ Ten eligible residents selected as winners each week for - six mdnth period ~_ Winners evenly distriputed across the City ~_ Winners each receive a $50 Kroger retail gift card If Successful... I o Participation in recycling will grow Trash disposal fees will be reduced p {S)contamination in recycling bins will be reduced 1 I 1 1 More' Good News! ~ Recycling of plastics now expanding to #1 through #7 B~ 8~ 8~ a~ 8~ B~ 8~ PETE HOPE P\lC LOPE' . PP PS' OTHER Next Steps: Agreement with "CCBCC" on afternoon agenda for approval by City Council ~~ ROANOKE @f:tU 11''' e.".!tllfH". (See copy of presentation on file in the City Clerk's Office.) 33 34 Mayor Bowers asked when the grand kickoff for the program would take place; whereupon, Mr. Bailey explained that the plan was to begin the program the first week of October, holding a press conference the week before; adding that a mailer would sent to City residents the last week of September. 1 Council Member Bestpitch inquired if residents who place their recycling in the alleys would also be eligible; whereupon, Mr. Bailey responded in the affirmative, adding that the prize patrol would be aware that some recycling will be located in the City's alleys. Council Member Price questioned if a sticker would be required for each bin or if one sticker per household would be sufficient. Ms. Patient answered that only one sticker would be necessary. Following further dialogue, the Mayor asked that a brief review of the presentation be shared with the public during the Council's 2:00 p.m. session. At 12:25 p.m., the meeting was declared 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. At 2:00 p.m., the Council meeting reconvened with Mayor David A. Bowers 1 presiding and Members of the Council in attendance with the exception of Council Members Lea and Rosen. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Anita J. Price, David B. Trinkle and Mayor David A. Bowers-5. ABSENT: Council Members Sherman P. Lea and Court G. Rosen-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. 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 Mayor Bowers. 1 1 I 1 35 PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to council, as he may deem appropriate. Evelyn Bethel appeared before the Council and offered suggestions to the City's process for seeking applications for volunteers to serve on various City Council- appointed authorities, boards, commissions and committees. George Gunter appeared before the Council and requested the City provide additional assistance to citizens who are less fortunate. The Mayor asked that Mr. Gunter schedule a meeting with the City Manager or his designee to discuss the matter further. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the consent agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, June 20, 2011; Tuesday, July 5, 2011 and Monday, July 18, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES AND ROANOKE PUBLIC LIBRARY BOARD: Reports of qualification of Felicia Journiette as a member of the Roanoke Neighborhood Advocates for a three-year term of office ending June 30, 2014; and King Tower as a member of the Roanoke Public Library Board for a three-year term of office ending June 30, 2014, was before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 36 Council Member Ferris moved that the reports of qualification be received and filed. The motion was seconded by Council Member Bestpitch and adopted by the following vote: 1 AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 1, 2011, 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 grant an above ground utility easement, with an approximate width of 15 feet, across City-owned property located on Blue Hills Drive, N. E., and part of the Roanoke Centre for Industry and Technology, to Appalachian Power Company, in order for Appalachian Power Company to install support structures and related cable/wires to transmit electric power to serve an adjoining privately owned parcel of real estate, the matter was before 1 the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 22,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to convey a fifteen-foot wide above ground utility easement across City- owned property located in the Roanoke Centre Industry and Technology to Appalachian Power Company to install support structures, and related cables/wires, in order to transmit electric power to serve an adjoining privately owned parcel of real estate, subject to form approved by the City Attorney. (For full text, see copy of communication in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: 1 I 1 1 37 (#39173-080111) AN ORDINANCE authorizing the conveyance of a fifteen-foot wide above ground utility easement across City-owned property located in the Roanoke Centre for Industry and Technology (RCIT), designated as Tax Map No. 7230108, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 64J Vice-Mayor Trinkle moved the adoption of Ordinance No. 39173-080111. The motion was seconded by Council Member Price. The Mayor inquired if 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. 39173-080111 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: CRIMINAL JUSTICE-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and transfer/appropriation of funds in connection with a Criminal Justice System Improvement Grant from the Virginia Department of Criminal Justice Services (DCJS) to purchase mobile computer terminal mounts to be deployed in police vehicles. (For full text, see communication on file in the City Clerk's Office.) 38 Council Member Ferris offered the following resolution: 1 (#39174-080111) 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. 75, page 65.) Council Member Ferris moved the adoption of Resolution No. 39174-080111. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) Council Member Ferris offered the following budget ordinance: (#39175-080111) AN ORDINANCE to appropriate funding from the Federal 1 government through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 65.) Council Member Ferris moved the adoption of Ordinance No. 39175-080111.The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) RECYCLING-SOLID WASTE: The City Manager submitted a written communication recommending approval and execution of a Program Agreement between the City of Roanoke and Coca Cola Bottling Company Consolidated Operations, LLC, endorsing the City's participation in a "Recycle and Win!" Program. (For full text, see communication on file in the City Clerk's Office.) 1 I 1 1 39 Council Member Bestpitch offered the following ordinance: (#39176-080111) AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Coca-Cola Bottling Company Consolidated Operations LLC, for participation in the "Recycle and Win!" program, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 66.) Council Member Bestpitch moved the adoption of Ordinance No. 39176-080111. The motion was seconded by Council Member Price. The Mayor called on Skip Decker to share information that was presented during the Council's informal session earlier. (See Page 29). Council Member Bestpitch asked about the rollout date; whereupon, Mr. Decker replied that the date would be October 3, 2011. Council Member Bestpitch inquired about the cost of printing for the mailers to the public. Mr. Decker advised that the cost would not be borne by taxpayers. Evelyn Bethel appeared before the Council and spoke in favor of the recycling program. She asked about the scheduled dates for patrolling the neighborhoods. Mr. Decker provided the public with the following: . Monday - Northwest · Tuesday - Northeast . Wednesday - Southeast . Thursday - Southwest Following additional comments by the Council Members, Ordinance No. 39176- 080111 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) 40 COMMENTS BY CITY MANAGER: 1 The City Manager shared comments regarding the following: Mosaics Completed The four mosaics at the Market Building have been completed, and citizens are encouraged to stop by and see them. Pedestrian Bridqe With all the renovations for the Market Building and other improvements to the Market area, the city is also making some improvements to the pedestrian bridge including paint and new flooring. Smart Way Connector Bus Report Forty-three passengers rode the Smart Way Connector Bus on its first day of operation, and the bus is averaging 18 morning riders and 15 evening riders each week. Community Walks A community walk was conducted last week from the 1500 through 1800 blocks of Eastern Avenue. Representatives from Police, Fire-EMS, Solid Waste, Lead-Safe Roanoke, Neighborhood Services, and Wildwood Civic League participated. These walks focus on criminal activity and code enforcement, and occur in all four geographic zones of Roanoke throughout the year. 1 National Niqht Out Tomorrow night city neighborhoods will celebrate National Night Out, "America's Night Out Against Crime." More than 10 neighborhood organizations and watch groups around the city are hQsting events. Locations and times are available on the city's website at: www.roanokeva.gov/neighborhoods. The Police Department supports this event each year, and it's a great way to strengthen neighborhood spirit and police-community partnerships. United Way The United Way Campaign for the Roanoke area will kick off with a special event on Thursday, Aug. 18, from 5:30 to 8 p.m. at the Roanoke Civic Center's Special Events Center. This year's emphasis will be Education, Income, and Health. Citizens are encouraged to attend. I 1 1 1 41 Public Safety Thanks to the public safety workers who responded this past weekend to several fires and the flash flooding from Saturday afternoon's rainstorm. Fire personnel handled a fire at the Patrick Henry Hotel, at an apartment building on Westover Avenue, and ata residence on Avenham Avenue. Heavy rains flooded the intersection at Brandon and Franklin Road, and public safety staff were on site to direct traffic and block traffic from this area. Mayor Bowers inquired if the Smartway Connector had started running from Blacksburg; whereupon, the City Manager stated that the Smartway Connector originates from Blacksburg on Friday, Saturday and Sundays. The Mayor further inquired as to what would happen if there were more riders than capacity on the bus. The City Manager explained that there was an agreement with the Lynchburg Bus Company to provide buses in overflow situations. The Mayor inquired about the reopening of the Market Building; whereupon, the City Manager stated that the first event to be held in the newly renovated Market Building would be the State of the City Address on August 25; and the reopening of the Market Building would be Labor Day weekend, with a ribbon cutting ceremony on that Saturday. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: BUDGET-SCHOOLS: Ordinance No. 39167, on second reading, appropriating funds for various educational programs, having previously been before the Council for its first reading on Monday, July 18, 2011, read and laid over, was again before the body, Vice-Mayor Trinkle offered the following for its second reading and final adoption: (#39167-080111) AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 75, page 57.) 42 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39167-080111. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) BUDGET-SCHOOLS: Ordinance No. 39168, on second reading, appropriating funds for various school capital projects, having previously been before the Council for its first reading on Monday, July 18, 2011, read and laid over, was again before the body, Council Member Ferris offered the following for its second reading and final adoption: (#39168-080111) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve and to transfer funding from various School Capital Project accounts to the Preston Park Gymnasium and Patrick Henry Baseball Facility projects, amending and reordaining certain sections of the 2011-2012 School Capital Projects Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 75, page 58.) Council Member Ferris moved the adoption of Budget Ordinance No. 39168- 080111. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) HEAL THCARE-TAXES-SPECIAL PERMITS: Ordinance No. 39170, on second reading, designating Kuumba Community Health and Wellness Center, Inc., d/b/a New Horizons Healthcare, as a charitable organization and exempting from personal property taxation certain personal property, having previously been before the Council for its first reading on Monday, July 25, 2011, read and laid over, was again before the body, Council Member Ferris offered the following for its second reading and final adoption: 1 1 1 1 1 1 43 (#39170-080111) AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Kuumba Community Health & Wellness Center, Inc., d/b/a New Horizons Healthcare an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date. (For full text of ordinance, see Ordinance Book No. 75, page 59.) Council Member Ferris moved the adoption of Ordinance No. 39170-080111. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) STREET AND ALLEYS: Ordinance No. 39171, on second reading, permanently vacating, discontinuing and closing an approximately 33' wide, 127' long portion of unimproved right-of-way on Wilson Street, adjoining 120 Penrod Avenue, S. E., having previously been before the Council for its first reading on Monday, July 25, 2011, read and laid over, was again before the body, Council Member Ferris offered the following for its second reading and final adoption: (#39171-080111) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 75, page 60.) Council Member Ferris moved the adoption of Ordinance No. 39171-080111. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) ZONING: Ordinance No. 39172, on second reading, rezoning property located at 445 and 435 Elm Avenue, S. W., from RM-1 Residential Mixed Density District to CN, Commercial-Neighborhood District, having previously been before the Council for its first reading on Monday, July 18, 2011, read and laid over, was again before the body, Vice-Mayor Trinkle offered the following for its second reading and final adoption: 44 (#39172-080111) AN ORDINANCE to amend ~ 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, to rezone certain property within the City. 1 (For full text of ordinance, see Ordinance Book No. 75, page 62.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39172-080111. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. At 2:54 p.m., the Mayor declared the Council meeting in recess for continuation of Closed Meeting in the Council's Conference Room, Room 451, fourth floor of the 1 Noel C. Taylor Municipal Building. At 3:28 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Members Lea and Rosen. 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 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 Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) 1 1 1 1 45 OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to a vacancy on the Roanoke Civic Center Commission created by the resignation of Laura Rawlings ending September 30, 2012; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Stephen Willis. There being no further nominations, Mr. Willis was appointed as a member of the Roanoke Civic Center Commission to fill the unexpired term of Laura Rawlings ending September 30,2012, by the following vote: FOR MR. WILLIS: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor called attention to the expiration of the three year term of office of Judge Joseph Bounds as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board on June 30, 2011; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Judge Joseph Clarke. There being no further nominations, Judge Clarke was appointed to replace Judge Joseph Bounds as the City's representative to the Court Community Corrections Program Regional Community Criminal Justice Board for a term ending June 30, 2014, by the following vote: FOR JUDGE CLARKE: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) Council Member Bestpitch moved that the City residency requirement be waived in this instance. The motion was seconded by Council Member Ferris and adopted. 46 OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to a vacancy created by the resignation of Andrew Williams as a member of the Roanoke Public Library Board that ended June 30, 2011; whereupon, he opened the floor for nominations. I Council Member Bestpitch placed in nomination the name of Taren McCoy. There being no further nominations, Ms. McCoy was appointed to replace Andrew Williams as a member of the Roanoke Public Library Board for a term of office ending June 30, 2014, by the following vote: FOR MS. MCCOY: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE: The Mayor called attention to the expiration of the three-year term of office of Vice-Mayor Trinkle a City representative (elected-official) of the Roanoke Valley-Alleghany Regional 1 Comprehensive Economic Development Strategy Committee that ended March 31, 2011; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Council Member Ferris. There being no further nominations, Council Member Ferris was appointed to replace Vice-Mayor Trinkle as a City representative (elected-official) of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term ending March 31,2014, by the following vote: FOR COUNCIL MEMBER FERRIS: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor called attention to the expiration of the three-year term of office of Dr. Frank Eastburn as a member of the Roanoke Arts Commission that ended June 30, 2011. Inasmuch as Dr. Eastburn had served three consecutive three-year terms of office, he was ineligible to serve another term; whereupon, he opened the floor for nominations. 1 I 1 1 47 Council Member Bestpitch placed in nomination the name of Kianna Wade. There being no further nominations, Ms. Wade was appointed to replace Dr. Eastburn as a member of the Roanoke Arts Commission for a term ending June 30, 2014, by the following vote: FOR MS. WADE: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) . OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor called attention to the expiration of the three-year terms of office of Derek Cundiff and John Fulton as members of the Architectural Review Board ending October 1, 2011; whereupon he called for nominations. Council Member Bestpitch placed in nomination the names of Derek Cundiff and John Fulton. There being no further nominations, Messrs. Cundiff and Fulton were reappointed as members of the Architectural Review Board for four-year terms of office ending October 1, 2015, by the following vote: FOR MESSRS. CUNDIFF AND FULTON: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) Council Member Bestpitch moved that the City residency requirement for Mr. Fulton be waived in this instance. The motion was seconded by Council Member Ferris and adopted. OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: The Mayor called attention to the expiration of the three-year terms of office of Linda D. Frith and F. Gordon Hancock as Directors of the Economic Development Authority ending October 20, 2011; whereupon, he called for nominations. Council Member Bestpitch placed in nomination the names of Linda D. Frith and F. Gordon Hancock. 48 There being no further nominations, Ms. Frith and Mr. Hancock were reappointed as Directors of the Economic Development Authority for four year terms of office ending October 20, 2015, by the following vote: 1 FOR MS. FRITH AND MR. HANCOCK: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-PARTNERSHIP FOR A LIVABLE ROANOKE VALLEY STEERING COMMITTEE: The Mayor called attention to request for an appointment of a City representative and an alternate to serve on the Partnership for a Livable Roanoke Valley Steering Committee; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the names of Vice-Mayor Trinkle and Council Member Ferris (alternate). There being no further nominations, Vice-Mayor Trinkle (elected-official) and Council Member Ferris (alternate member) were appointed as City representatives of the Partnership for a Livable Roanoke Valley Steering Committee for a two year term of 1 office, ending June 30,2013, by the following vote: FOR VICE-MAYOR TRINKLE AND COUNCIL MEMBER FERRIS: Council Members Bestpitch, Ferris, Price, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) There being no further business, the Mayor declared the Council meeting adjourned at 3:32 p.m. APPROVED ATTEST: ~M,~ ' Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor 1 I I I 49 ROANOKE CITY COUNCIL-REGULAR SESSION August 15, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, August 15, 2011, at2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor David B. Trinkle presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch and Vice-Mayor David B. Trinkle-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. ' The Invocation was delivered by The Reverend Carl T. Tinsley, Pastor, First Baptist Church, Buena Vista. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Trinkle. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Vice-Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Mary Cuddy appeared before the Council and expressed concern again with regard to code violations in connection with property at 506 5th Street, S. W. During discussion of the matter, it was noted that the issuance of citations to property owners and the number of days allowed prior to intervention by City officials were based on State statute. 50 Following additional dialogue, the matter of amending the Code was referred to I the Legislative Committee. Robert Gravely appeared before the Council and continued his ongoing complaint regarding the violation of his civil rights several years ago when he was terminated as a City employee. Estelle McCadden, President, Melrose/Rugby Neighborhood Organization, appeared before the Council and suggested that the City consider beautification efforts along the Orange Avenue/Melrose corridor (Route 460). (See copy of comments on file in the City Clerk's Office.) Council Member Price asked whether or not Ms. McCadden's concerns regarding the location of a double-wide trailer had been addressed by the City Manager; whereupon, the City Manager responded in the affirmative. Council Member Ferris questioned if Ms. McCadden had received a copy of the response; whereupon, Ms. McCadden noted that she had not; however, she did meet with the City Manager. Ms. McCadden asked that the City notify neighborhood organizations regarding I pertinent matters affecting the neighborhoods in order for residents to provide feedback in a timely manner. ' In an effort to address issues as stated by Ms. McCadden, the City Manager remarked that certain amendments to the Zoning Ordinance would be brought to the Council for action within the next 90 days. Jamie McDaniel appeared before the Council and expressed concerns about the need for street repaving in her neighborhood (Fairfax Avenue and 12th Street, N. W.), bulk/trash removal in the 12th Street area, and notification by the School Administration offering an option for a child to attend another school if their home school has not met the A YP requirements. With regard to said notification from the School system, Council Member Price commented that all City schools are required to send letters when the A YP requirements have not been met. Furthermore, Council Member Bestpitch commented that it was a Federal requirement for the School Board to notify parents, not City Council. I I I I 51 CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the special meeting of the City Council Personnel Committee held on Monday, July 18, 2011; and regular meeting of Council held on Monday, August 1, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that Council dispense with the reading of the minutes and be approved as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) BOARDS-OATHS OF OFFICE-ROANOKE ARTS COMMISSION: A communication from the City Clerk advising of the resignation of Taliaferro Logan as a member of the Roanoke Arts Commission, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) 52 BOARDS-OATHS OF OFFICE-MILL MOUNTAIN ADVISORY COMMITTEE: A communication from the City Clerk advising of the resignation of Richard Walters as a member of the Mill Mountain Advisory Committee, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-G. NAYS: None-O. (Mayor Bowers was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-COMMONWEAL TH'S ATTORNEY-VICTIM WITNESS PROGRAM- GRANTS: The Commonwealth's Attorney submitted a written communication recommending acceptance and transfer/appropriation of funds for the Victim/Witness Program Grant; and the City Manager submitted a written communication concurring in the recommendation. (For: full text, see communications on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39177-081511) 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. 75, page 68.) I I I I I I 53 Council Member Ferris moved the adoption of Resolution No. 39177-081511. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Ferris offered the following budget ordinance: (#39178-081511) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 69.) Council Member Ferris moved the adoption of Budget Ordinance No. 39178- 081511. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 54 ITEMS RECOMMENDED FOR ACTION: I BUDGET-GRANTS-YOUTH-HUMAN SERVICES: The Vice-Mayor advised that the City Manager had requested that the matter recommending acceptance and appropriation of funds from the Department of Criminal Justice Services for a Juvenile Justice and Delinquency Prevention Title II Grant for the Project Back on Track Program, an evidence-based treatment program designed to reduce youth substance use and youth crime be withdrawn. (For full text, 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. The motion was seconded by Council Member Price and adopted. BUDGET-GRANTS-YOUTH-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Department of Criminal Justice Services for a Juvenile Justice and Delinquency Prevention Title II Grant Program, a research-based prevention program to enhance academic achievement, family relationships, violence prevention and substance use avoidance. (For full text, see communication on file in the City Clerk's Office.) I Council Member Lea offered the following resolution: (#39179-081511) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation 011 behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 70.) Council Member Lea moved the adoption of Resolution No. 39179-081511. The motion was seconded by Council Member Price. In response to an explanation regarding the grant and its impact on the community, the City Manager advised that one of the growing issues in the Country was domestic violence and juvenile delinquency, and since the issues were related, an application had been made during the previous year. He added the grant would provide $65,000.00 in Federal funds, with a local match of $32,000.00 being provided by Family Services of Roanoke Valley primarily through in-kind services, for a total award of $97,500.00. I I I I 55 He further advised that the City of Roanoke Title II prevention proposal was a replicate of the Positive Action youth crime and substance use avoidance model program, which would allow 150 City of Roanoke children to be enrolled in four after school programs, i.e.: Boys and Girls Club of Southwest Virginia (Roanoke City's Ninth Street site), the West End Center, Hurt Park's Community Learning Center, and Lincoln Terrace's Community Learning Center. Council Member Price raised the question as whether Family Services would be the provider or if the services would be outsourced; whereupon, the City Manager responded that Family Services would be the provider in order to build capacity. There being no additional comments by the Council Members, Ordinance No. 39179-081511 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Lea offered the following budget ordinance: (#39180-081511) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Positive Action Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 71.) Council Member Lea moved the adoption of Budget Ordinance No. 39180- 081511 . The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) 56 HOUSING-HAZARD CONTROL: The City Manager submitted a written communication recommending execution of Amendment NO.2 to the contract between the City of Roanoke and D. E. Eakin & Sons, Inc., to continue lead hazard control activities on eligible residential housing units through April 20, 2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39181-081511) AN ORDINANCE authorizing the City Manager to execute Amendment No.2 to the City's contract with D. E. Eakin & Sons, Inc., for an increase in the not-to-exceed contract amount to perform lead hazard control activities within the City of Roanoke, and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 72.) Council Member Lea moved the adoption of Ordinance No. 39181-081511. The motion was seconded by Council Memb~r Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) BUDGET-GRANTS-POLlCE: The City Manager submitted a written communication recommending transfer of funds to supplement the Sexual Violence Coordinator and Domestic Violence Coordinator grant funded positions. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39182-081511) AN ORDINANCE to appropriate supplemental funding from the Local Match Funding for Grants account (within the Grant Fund) to the CY11 VSTOP and CY11 Domestic Violence Victim grants, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 73.) I I I I I I 57 Council Member Rosen moved the adoption of Budget Ordinance No. 39182- 081511. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) BUDGET-CAPITAL PROJECTS: The City Manager submitted a written communication recommending transfer of funds in connection with completed capital projects. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39183-081511) AN ORDINANCE to transfer funding from various capital projects to the Bridge Maintenance project, Neighborhood Storm Drain project, and the Capital Improvement Reserve, amending and reordaining certain sections of the 2011- 2012 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 74.) Council Member Rosen moved the adoption of Budget Ordinance No. 39183- 081511. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) 58 COMMENTS BY CITY MANAGER: I The City Manager offered the following comments: . Reqional 9/11 Memorial Ceremony On Sunday, September 11, a regional Remembrance Ceremony will be held in downtown Roanoke to mark the 10th anniversary of the 9/11 terrorist attacks. The event is being coordinated by the Fire/EMS, Police, Sheriff, and Public Information staff from the Cities of Roanoke and Salem, the Town of Vinton, and Roanoke County. · Grandin VillaQe bike rack recoqnized The new Grandin Village bicycle rack, "In a Tangle," was included in a 17- panel slide show of public art around the country in an August 5 Edition of the Salon.com online magazine. The article headline was "The glory of public art," and the City of Roanoke was named in the read-in: "Inspiring pieces from local 'Percent for Art' programs - from Florida's 'flying saucers' to Roanoke's giant comb." The short article that introduced the slide show described how percent-for-art programs work and their impact. . Softball tournament a success The 2011 ASA Girls Class A Eastern Fast-Pitch National Championship I Softball Tournament took place on August 3 - 7 throughout the Roanoke Valley, and several city fields were used for this event. 74 teams representing 13 states competed. The event brought close to 2,000 players, coaches, and staff to the Valley, and nearly 2,000 fans turned out for the games. A total of 2,898 room nights at area lodgings were generated by this tournament and the Roanoke Valley Convention & Visitors Bureau reported that direct spending was approximately $1,637,640. In connection with the Softball Tournament, Council Member Lea inquired as to which City fields were used; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, replied that two fields at Huff Lane School were used as well as complexes in the City of Salem and Botetourt County. The City Manager interjected that fields at River's Edge were also used for the tournament. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: 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. I (For full text, see reports on file in the City Clerk's Office.) I I I 59 Council Member Rosen offered the following budget ordinance: (#39184-081511) AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 75.) Council Member Rosen moved the adoption of Budget Ordinance No. 39184- 081511. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Rosen offered the following budget ordinance: (#39185-081511) AN ORDINANCE to appropriate funding from the Federal government for 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. 75, page 76.) Council Member Rosen moved the adoption of Budget Ordinance No. 39185- 081511. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) SCHOOLS: The Roanoke City School Board submitted a written report requesting approval of the Schools' renewal of the $10 million line of credit facility with Wells Fargo, National Association; 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.) 60 Council Member Ferris offered the following resolution: I "A RESOLUTION authorizing the School Board to renew a loan agreement with Wells Fargo Bank, National Association, formerly known as Wachovia Bank, National Association, for the purpose of renewing the $10,000,000 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, 2012." (For full text of resolution, see Resolution on file in the City Clerk's Office.) Council Member Ferris moved the adoption of the Resolution. The motion was seconded by Council Member Price. Council Member Ferris asked if the equity line was considered to be protection in case of cash flow problems; whereupon, Curt Baker, Deputy Superintendent, Roanoke City Public Schools, explained that the equity line serves as an overdraft facility and a liquidity line in the event that there is an interruption in the revenue stream from the State. Council Member Ferris questioned if the "rainy day" set up was being accessed on a regular basis; whereupon, Mr. Baker advised that it was not the school's practice to use the fund for cash management purposes. Council Member Ferris called attention to the written report whereby it indicated I that since FY10 and FY11 the charge was limited to $1,000.00 and $2,000.00, respe9tively, and asked for an explanation regarding the increased amount; whereupon, Mr. Baker noted that discussions were held about the year over year cost increase and because of the increase in the cost to furnish said line of credit, the School system insisted on an early termination clause in case a lower cost could be found. In addition, he explained that Wells Fargo indicated that the bank's cost to provide this type of facility had changed over the past two years as the banking industry adapts to financial regulations imposed by the Dodd-Frank Act and prepares for other impending financial regulations which are anticipated to impost higher capitalization requirements for loans and debt facilities, which capitalization requirements would apply whether the debt facility was used or not; and based upon said requirement, the cost to maintain the line of credit for any and all undrawn balances for FY12 would be 35 basis points (0.35 percent) per annum. Council Member Ferris asked why a line of credit was necessary when the Schools had a budget; whereupon, Mr. Baker remarked that any number of events could cause an interruption in cash flow either on the expense or revenue sides, which could cause a cash shortage, and there was a higher than normal probability of some level of disruption due to the state of the economy; and it was prudent that the School Division have approximately three weeks worth of coverage in order to continue its I operations. I I I 61 Council Member Ferris indicated that it was not his intention to substitute judgment for the School Board; however, as a member of Roanoke City Council, he wanted to be satisfied that all alternatives had been explored. Council Member Ferris questioned how time sensitive was the matter; whereupon, Mr. Baker responded that the Division was presently uncovered and it was a concern from their perspective. Council Member Bestpitch pointed out that the School Board had been managing its own financial system separate and apart from the City of Roanoke since July 1 , 2008, and prior to July 1, 2008, neither the School Board nor the City of Roanoke had a line of credit, adding that the City still did not have a line of credit. Council Member Bestpitch commented on the history between the City Treasurer's Office and the Department of Finance prior to 2008, which included the School Board as part of that financial system; and thought the Council had demonstrated its strong support for public education over and over again. He realized that 0.35 percent was a pretty small percentage of the School Board's overall budget, but as someone who felt a strong obligation to represent the interest of the City's taxpayers, he could not support spending $35,000.00 to maintain a line of credit when there might be other options available to meet the needs of the School Board. Council Member Rosen did not have a problem with the policy of the credit line; however, he wished it was a smaller percentage, but thought it was the School Board's prerogative to make said determina,tion. Following extensive dialogue, Council Member Ferris offered an amendment to his original motion, asking that the resolution be tabled until the next regular meeting of Council scheduled to be held on Tuesday, September 6 at 2:00 p.m., in order to allow the City and School officials an opportunity to explore other alternatives. The motion was seconded by Council Member Price and adopted, with Vice-Mayor Trinkle and Council Member Rosen voting no. 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: Council Member Lea announced that a press conference would be held on Thursday, August 25 at 12:00 Noon at William Fleming High School Football Stadium with regard to the annual Western Virginia Football Classic kickoff. 62 At 3:36 p.m., the Vice-Mayor declared the COl.:lncil meeting in recess until I 7:00 p.m., in the City Council Chamber, Room 450, 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 Vice-Mayor David B. Trinkle presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch and Vice-Mayor David B. Trinkle-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. The Invocation was delivered by Elder Sherman P. Lea. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Trinkle. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. I PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 15, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 611 Jefferson, LLC, to permanently vacate, discontinue and close an alleyway located on the south side of 601 Jefferson Street, S. W., bearing Official Tax No. 1013307 and the north side of 611 Jefferson Street, S. W., bearing Official Tax No. 1013313, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 29, 2011 and Friday August 5,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation request, with the conveyance of the property being valued at $13,787.62, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) I 63 I Council Member Sestpitch offered the following ordinance: (#39186-081511) 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. 75, page 76.) Council Member Bestpitch moved the adoption of Ordinance No. 39186-081511. The motion was seconded by Council Member Rosen. The Vice-Mayor inquired if there were persons present wishing to speak on the alley closure. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39186-081511 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. I (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 15, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Dou Mar, LLC, to rezone the rear portion of property located at 4341 Delray Street, N. W., bearing Official Tax Map No. 2280308, from RM-1, Residential Mixed Density District to MX, Mixed-Use District, for a parking area as permitted in the MX, Mixed-Use District, adding that the Comprehensive Plan designates the property for single and two- family mix, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 29,2011 and Friday August 5,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report advising that the recommended approval of the request failed; however, City staff recommended approval in its report to the Commission. I (For full text, see report on file in the City Clerk's Office.) 64 Council Member Rosen offered the following ordinance: I (#39187-081511) AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 80.) Council Member Rosen moved the adoption of Ordinance No. 39187-081511. The motion was seconded by Council Member Lea. The Vice-Mayor inquired if there were persons present wishing to speak on the rezoning matter. There being none, he declared the public hearing closed. Vice-Mayor Trinkle called attention to a communication from The Reverend Elisha E. "Dick" Jones, Pastor, Grace United Methodist Church, 4404 Williamson Road, N. W., urging the Council's support and approval of the rezoning. (See copy of communication on file in the City Clerk's Office.) Council Member Rosen noted that the report of the Planning Commission I referenced a redesign that was not a proffer, and questioned why it was not necessary. Chris Chittum, Planning Administrator and Agent to the City Planning Commission, explained that the original application requested the rezoning of a much larger portion of the property, but the proposed parking area encroached toward the rear of the house to the extent that it might reduce the viability of the house to continue as a residence, and due to the Planning Commission's concern, the applicant reconfigured the proposed parking area with an improved orientation that reduced its size while increasing the net number of spaces provided. He added that by revising its proposal, the applicant obtained a favorable staff recommendation. There being no additional questions and/or comments by the Council Members, Ordinance No. 39186-081511was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) I I I I 65 PUBLIC IMPROVEMENT BONDS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 15, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, to adopt a resolution authorizing the issuance of general obligation bonds, in advance of issuance, in the amount of $7 million, for the following projects, the matter was before the body. · Parks and Recreation Master Plan - Countryside ($1,500,000.00) . Bridge Repair/Renovation ($1,030,000.00) . Stormwater System Improvements ($1,120,000.00) . Civic Center Improvements ($750,000.00) . School Facility Maintenance and Improvements ($1,900,000.00) Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 1,2011, and Monday, August 8,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager and Director of Finance submitted a joint written communication recommending authorization of the issuance of bonds up to $7 million for the projects as abovereferenced, and in order to ensure receipt of the $6,300,000.00 in bond proceeds and provide flexibility to sell the bonds at a discount if market conditions indicate, the City's financial advisor, Public Financial Management, Inc. (PFM), recommended issuance for up to $7 million. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39188-081511) A RESOLUTION authorizing the issuance of not to exceed seven million dollars ($7,000,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such city, for the purpose of providing funds to pay the costs of 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 66 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. I (For full text of resolution, see Resolution Book No. 75, page 81.) Council Member Ferris moved the adoption of Resolution No. 39188-081511. The motion was seconded by Council Member Bestpitch. The Vice-Mayor inquired if there were persons present who would like to speak on the issuance of bonds for various capital projects. There being none, the Vice-Mayor declared the public hearing closed. Council Member Rosen asked how the issuance of $7 million in bonds would affect the debt ratio and if the issuance would put the City over the debt ceiling; whereupon, the Director of Finance responded that the issuance of the bonds would not put the City over the debt ratio and the reason for the requested $7 million was to provide a cushion so staff would not have to request additional approvals in case there were premiums or discounts. There being no additional comments by the Council Members, Resolution No. I 39188-081511 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) Council Member Ferris offered the following budget ordinance: (#39189-081511) AN ORDINANCE to appropriate funding to be provided by the Series 2012 Bonds to the Civic Center HV AC Improvements, Old Mountain Road Bridge Renovation, 9th Street Bridge, Neighborhood Storm Drain, Countryside Master Plan, Highland Park HV AC and Grandin Court Plumbing projects, amending and reordaining certain sections of the 2011-2012 Civic Facilities, Capital Projects and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance ,Book No. 75, page 97.) I I I I 67 Council Member Ferris moved the adoption of Budget Ordinance No. 39189- 081511. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) ARTS AND CULTURE PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 15, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an amendment of Vision 2001-2020, the City's Comprehensive Plan, to incorporate as an element of the Plan, an Arts and Cultural Plan dated July 21, 2011, as amended at the City Planning Commission public hearing held on July 21, 2011, such plan describing the history of the arts and culture in the City of Roanoke, setting goals for the arts and cultural community, and recommending actions to achieve these goals, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 29, 2011, and Friday August 5, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the proposed amendment of the Comprehensive Plan to include the Arts and Cultural Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance. (#39190-081511) AN ORDINANCE approving the Arts and Cultural Plan dated July 21, 2011, as amended at the Planning Commission public hearing held on July 21, 2011, and amending Vision 2001-2020, the City's Comprehensive Plan, to incorporate such Plan as an element of the Comprehensive Plan; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 98.) 68 Council Member Rosen moved the adoption of Ordinance No. 39190-081511. I The motion was seconded by Council Member Price. The Vice-Mayor inquired if there were persons present who would like to speak on the amendment to the City's Comprehensive Plan; whereupon, the following individuals appeared before the Council. Nathan Harper, Chairman, Roanoke Arts Commission, appeared before the Council in support of the amendment and shared information regarding the Plan. (For full text, see copy of presentation on file in the City Clerk's Office.) Jim Sears appeared before the Council and spoke in support of the Arts and Culture Plan. Beth Cline appeared before the Council and spoke in support of the Arts and Culture Plan. Wayne Strickland appeared before the Council and spoke in support of the Arts and Culture Plan. There being no additional speakers, the Vice-Mayor declared the public hearing I closed. Council Member Bestpitch was impressed with the fact that five different organizations, along with various partner organizations, had collaborated in the creation of the Arts and Culture Plan. He added that he would like to see public art obtained locally. Vice-Mayor Trinkle commented that the Arts and Culture Plan was a great tool to steadily improve the quality of life in the City of Roanoke and the key item was to make certain there was sustainability. However, he questioned whether or not an arts district should be pursued; whereupon, Susan Jennings, Public Arts Coordinator, advised that discussions regarding an arts district were ongoing, and indicated that many of the incentives connected to art districts in other localities were already in place in Roanoke. Following comments from the Council Members, Ordinance No. 39190-081511 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch and Vice-Mayor Trinkle-6. NAYS: None-O. I (Mayor Bowers was absent.) 69 I HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, the Vice-Mayor declared the meeting adjourned at 7:40 p.m. APPROVED ATTEST: David B. Trinkle Vice-Mayor ~ Pl. ~lfl\J Stephanie M. Moon, MMC City Clerk I I 70 ROANOKE CITY COUNCIL-REGULAR SESSION September 6, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, September 6, 2011, at 9:00 a.m., in Room159, 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. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, 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. 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 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 Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. COUNCIL-CITY ATTORNEY: 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. I I I I I I 71 Vice-Mayor Trinkle moved that Council concur in the request of the City Attorney 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 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. NONE. At this point, the Council and the Roanoke Civic Center Commission met in a joint meeting with Mayor Bowers and Chairman Paul Anderson presiding. CIVIC CENTER COMMISSION MEMBERS PRESENT: Brownie Polly, Judy Jackson, Woody Deans and Chairman Paul Anderson-4. ABSENT: Commission Members Thomas Pettigrew and Ric Walters-2. Representing Roanoke Civic Center Commission: Robyn Schon, General Manager, Global Spectrum; Joe Dolan, Assistant General Manager, Global Spectrum and June Woodward, Secretary to the Commission. Mayor Bowers welcomed everyone to the meeting and recognized Robyn Schon as the General Manager of Global Spectrum. Chairman Anderson gave opening remarks, expressing appreciation to the Council for the opportunity to provide an update on the past year activities and calling special attention to the celebration of 40 years that the Civic Center has been in existence. He highlighted the following information: Maior Events · 16 sold out shows in past year · James Taylor sold out in 76 minutes · Broadway subscriptions surpassed 1,000 for the first time · Cirque du Soleil "Alegria" grosses $1.2 million o highest grossing show in Roanoke Civic Center history o over 19,000 tickets sold - highest number of tickets sold to any event in Roanoke Civic Center history 72 · Recipients of the Harlem Globetrotters Gold Money Ball Award - $108,800.00 gross ticket sales o awarded to venues that break their own records in back-to-back years o only five other venues accomplished that feat this year I Financials · Global Spectrum ended FY 2011 within $97,614.00 of budget (budget loss of $424,858.00 versus actual loss of $522,473.00) · Number of events - Budgeted 271 vs. Actual 270 Variance of (1) · Paid Attendance - Budgeted 273,019 vs. Actual 252,577 Variance of (20,442) · Comparison to FY 2010 - 2010: 285 events & grossed $1,588,000 in ticket sales - 2011: 270 events & grossed $1,978,000 in ticket sales · Increased gross by $390,000 with 15 less events · A reduction in the budgeted subsidy of $491,000.00 - 47% reduction Capital Improvements · Over $6 million is included in the Capital Improvements Program for capital maintenance at the Roanoke Civic Center I - In September, we will begin the process of having all mechanical systems (HVAC, chillers, compressors, etc.) upgraded to meet current industry standards - Conduct bi-weekly meetings with Facilities Maintenance to monitor projects and timeline Upcomina Events · Jason Aldean Cirque du Solei! "Quidam" · Lady Antebellum · Slue Man Group · 3 Doors Down · How to Train Your Dragon o from the Producers of Walking with Dinosaurs o launch of North American tour in Roanoke, Virginia o includes two weeks of tech rehearsals o working on deal since November 2010 o community Partners: Roanoke Valley Convention and Visitors Bureau & The Hotel Roanoke and Conference Center (See presentation on file in the City Clerk's Office.) I I I I 73 Mr. Polly reiterated appreciation to the Council for putting in a place a plan for the Commission to move forward, especially the hiring of Global Spectrum to operate the Civic Center. Ms. Jackson expressed appreciation for the Council's support and recognized Global Spectrum on its success with the operation of the Civic Center. Discussion held about the Global Spectrum partnering with the Roanoke Valley Convention and Visitors Bureau (RVCVB) in connection with marketing the Civic Center. Ms. Schon advised that she would study the matter and report back to the Council. With regard to Civic Center events and the economic impact, Council Member Ferris inquired about the net loss and tracking of overnight stays in hotels; whereupon, Chairman Anderson advised that the RVCVB tracks the hotel stays and restaurant visits. Ms. Schon advised that 80 percent of event attendees come from within a 50 mile radius with the remaining 20 percent from within a 20 mile radius. She noted that detailed information could be compiled and reported on at a later date. Council Member Lea commented on Global Spectrum opening doors for amateur sporting events to be held at the Civic Center and Virginia High School League Conferences; and he hoped Global Spectrum would continue said practice. Vice-Mayor Trinkle spoke about athletics and youth, and advocated for a culture amenity. He questioned if the Civic Center looked to not having a subsidy and if there was a timeline for capital projects. With regard to subsidy, Ms. Schon responded that it may not be possible, but Global Spectrum was very optimistic and was working toward said goal; and that Global Spectrum is excited about capital improvements - cosmetic and various upgrades. Dialogue ensued regarding the subsidy and commitment to capital improvements. Council Member Price inquired about improvements to the Special Events Center; whereupon, Ms. Schon advised that room dividers are included in the capital plan to be installed at the center for break out rooms so that the center could be booked for conferences. Mayor Bowers called attention to complaints received regarding the overcrowding in the ladies room, and asked Global Spectrum to give consideration to some type of expansion. 74 At this point, Vice-Mayor Trinkle left the meeting (9:45 a.m.) I Council Member Bestpitch commended the Civic Center for providing a venue for hockey and ice skating for children in the area. Mayor Bowers thanked the Commissioners for their continuing efforts and inquired about the pursuance of professional hockey at the Civic Center; whereupon, Ms. Schon advised that there were no active conversations about professional hockey, but its success would depend on a combination of good, local team owners and strategic ticket pricing. In conclusion, the Commission presented a video highlighting the 40th anniversary of the Civic Center. There being no further business, Chairman Anderson adjourned the Commission meeting at 9:56 a.m. There being no further business, Mayor Bowers declared the Council meeting in recess at 9:56 a.m. At 10:10 a.m., the informal session of the Council reconvened for briefings, Mayor Bowers presiding and all Members of the Council in attendance, with the I exception of Vice-Mayor Trinkle. BRIEFINGS: NeiQhborhood TarQetinQ HUD ProQram Frederick Gusler, Senior City Planner, briefed the Council on the recommended next targeted neighborhood for improvements with the use of HUD funds. He explained the process for selecting the next target area, as follows: Purpose of Presentation · Briefly explain the process of selecting the next target area · Present a recommendation for the next target area to City Council · Council consent to proceed HUD Grants · Overall Allocation = FY 2011-12, approx $2.45 million · Community Development Block Grant (CDBG) - most flexible range of uses, e.g. housing rehab, infrastructure, administration, programs · HOME Investment Partnerships (HOME) - housing · Emergency Shelter Grants (ESG) - homeless assistance I I I I 75 What is HUD funds used for? · Housing, new & rehabilitation · Economic Development, e.g. jobs for low to moderate-income citizens · Infrastructure, e.g. curb, gutter & sidewalk · Various programs that benefit low to moderate-income citizens Background · Previous HUD policy adopted in 2001, included targeting funds to one neighborhood at a time · Neighborhood Selection Task Force: In 2002 six neighborhoods were selected for targeting: o Gainsboro o Hurt Park o Old Southwest Gilmer Loudon-Melrose Washington Park Updated HUD Policy · City Council adopted an updated version of the po/icy in 2010 upon recommendation from a citizen Task Force. · Includes three target areas · Policy states further research and evaluation to be done by Staff prior to recommendation Target Areas of HUD Policy · Target areas in updated Policy were selected based on: o Assessment of Needs AND Opportunities o Analysis of Data was the basis of assessment, but not sole factor o Neighborhoods were the unit of analysis for assessment, but recommendations aren't by neighborhood boundary <J 76 I Fiscal Year 2011-12, Transition Year Housing Funding · Housing investments in Hurt Park target area are winding down · Housing Partnership (Habitat, RRHA, TAP, RTR) are using 2011-12 funds in: o Morningside o Mountain View I City Staff Team Process, 2011 · Interdepartmental team: o Planning Building and Development o Police o Public Works o Economic Development o Parks and Recreation · Each participant asked to identify best use of funds in each target area I I I I 77 City Staff Team Process, 2011: Orange/Melrose c~~.p~..rgllt_, $poci6c goog:rapNc boundllnos 'MIl be d8tefmined ener . more de4a~ fMnmng proceaa City Staff Team Process, 2011: Orange/Melrose Issues: · Concentrations of criminal activity · High frequency of code violations · Low homeownership, difficult housing market · Underperforming students City Staff Team Process, 2011: Orange/Melrose Opportunities & Advantages: · Highly traveled corridor · Neighborhood organizations · Housing development opportunities - Hanover & Essex Avenues · New Fire Station · Connections to Lick Run Greenway · Extra police resources could have immediate impact 78 City Staff Team Process, 2011: Morningside I '<-, ..j; .. ~-' _~A ROANOKE Circles ~ apopt(>>lln'la~ tar~ aTH.. Speclfic g&Og:l'&PfllC 1XIunCS;;l~ wll be do!lll!lrmin-.c:l~r.morwt"-UIiled planning pt~ City Staff Team Process, 2011: Morningside Issues: · Scattered criminal activity · High frequency and variety of code violations · Underperforming students · Topography and lack of a focal point for a target area I City Staff Team Process, 2011: Morningside Opportunities & Advantages: · Most stable of the 3 target areas · Homeownership is relatively high · Higher income than other target areas · Commercial and industrial development on its edges · Several potential infrastructure projects · Several parks, schools, public facilities I I I I 79 City Staff Team Process, 2011: West End Cbt:Ie> __lmelll 1lIr;et ...... SjledtIcgeogf8llh~_.wlllbe dalem1ined.Ilef'mctO_ planning _ City Staff Team Process, 2011: West End Issues: · Concentrations of criminal activity · High frequency of code violations · Low homeownership rate, though Old Southwest has a stable core of homeowners · Underperforming students City Staff Team Process, 2011: West End Opportunities & Advantages: · Has the most market activity · Adjacent to recent Hurt Park revitalization · Rebuilding Together recently moved to 8th St, SW · Habitat 3 year commitment to do rehab work in Mountain View · Development Opportunities - Health Department site · Mountain View Recreation Center & Vie Thomas Park · West End United Methodist Church as a partner · Most attendance at public meeting, most active group 80 I Council Consent to Proceed: West End · Has the greatest synergy & partnerships · Best Market activity and conditions · Adjacency; between recent revitalization in Old Southwest/western edges of Downtown, Hurt Park, and Vie Thomas Park & Roanoke River Greenway Next Steps · Begin planning for selected target area · Potential Neighborhood Revitalization Strategy Area (NRSA) plan · Implementation begins in FY 2013 I (See presentation on file in the City Clerk's Office.) Discussion: In response to an inquiry about targeting other neighborhoods, Mr. Gusler explained that even though one neighborhood is targeted, improvements in another neighborhood does not cease. Mayor Bowers asked for clarification regarding the term "market value"; whereupon, Mr. Gusler explained that the market value references the total number of building permits associated with the neighborhood. Council Member Bestpitch commented on the momentum of the West End neighborhood and expressed his support of the recommendation. I I I I 81 Council Member Lea asked for the definition of "underperforming students"; whereupon; Mr. Gusler explained that the school system correlates test scores and addresses of students in order to determine whether there is a difference in the performance of students living in targeted neighborhoods. Mr. Townsend pointed out that there was not a significant difference within the targeted neighborhoods. Council Member Price inquired about after school activities for students in the targeted neighborhoods and the status of the Evans Spring project. Mr. Gusler indicated that it was too soon to know about the Evans Spring property and he was unsure of the after school activities available in those areas. The Mayor advised that there were no objections from the Council on the matter and further inquired if a public hearing was necessary; whereupon, Frank Baratta, Budget Team Leader, advised that the targeted areas were included in the previously adopted CDBG Plan in May 2011, and therefore, no public hearing was needed. At 10:56 a.m., the Council Meeting was declared in recess for a Legislative Committee Meeting to be held in Room 159. At 12:08 p.m., the Council meeting reconvened in the EOC Conference Room, Room 159, for continuation of briefings. Due to time constraints, Mayor Bowers advised that the Economic Development Initiatives/Update briefing would be held at the 2:00 p.m. meeting immediately following the City Manager's Comment Section and the Real Estate Review 2011 briefing would be rescheduled for a later date. Voting Precinct Realignment Laverne Grigsby, Registrar, and Melvin Williams, member, Roanoke City Electoral Board gave a presentation on voting precinct realignment. With regard to a proposal regarding precinct realignment for the City based on recent census results, Mr. Williams stated that the Electoral Board and Ms. Grigsby had looked at ways to make the precinct system more efficient. He inquired if the proposal had been distributed to Council; whereupon, the City Attorney advised that Council had not yet discussed the process by which they would undertake the review and that was the purpose of the meeting. Mr. Williams explained that a proposal expressing the needs and desires of the Registrar and Electoral Board, in terms of precinct realignment had been put forth; and inquired as to how to proceed. He referred to the City Attorney's August 19 communication to the Council stating that realignments would need to be in place prior to the May 2012 City Councilmanic Election, which should be done within 60 days because the Presidential Primary is scheduled for March 6, 2012. He mentioned that a pre-clearance would have to be given by the Department of Justice before an ordinance could be approved. 82 Council Member Lea inquired about the urgency to take action regarding the matter, whereupon, the City Attorney explained that size of the precincts were completely within the parameters that had been set by the State, but if the Council wanted to achieve efficiencies in the size of precincts, they would have to consider a number of factors. Mr. Williams interjected that the new census data had caused the Electoral Board to consider changes in voting precincts based on changes in population; and agreed that there were no legal requirements; however, the Electoral Board had considered ways to make the process more efficient and cost effective. He continued that the Electoral Board had waited for the General Assembly to make changes at the State level so they would know whether or not Roanoke was in the 6th or 9th Congressional District. I Council Member Lea pointed out that things had changed so rapidly, people were confused and he warned against making a hurried decision without proper regard for public input. Mr. Hackworth commented that it would be wise to shoot for November 2011 rather than May 2012 in case there were unforeseen issues; and the process should be easy inasmuch as the Electoral Board had already studied the issue. The Vice-Mayor didn't think precinct realignments should be rushed, adding that I there was confusion not just locally, but within the State. He also commented that there was overlap in some precincts and numbers had diminished in others; and Council should take their time, receive public input and make a decision based on real numbers and recommendations. Mr. Hackworth referred to a map depicting the current precincts that showed the 32 polling places, noting that the precincts had not been comprehensively realigned since 1967. (See map on file in the City Clerk's Office.) Council Member Bestpitch agreed that there was no real pressing reason to rush realignments through for the March Primary or the May Municipal Election; and pointed out that the advantage for targeting the November 2012 election was it would be a presidential election and more people would be involved. He indicated that not only would the realignments save money by reducing the number of precincts, but it would also help lighten the burden of finding polling places that met all requirements. I I I I 83 Council Member Bestpitch spoke about more citizen involvement and public input, and the creation of a task force to review a proposal from the Electoral Board, and suggested that the task force be composed of representatives from the Electoral Board, SCLC, NAACP, Roanoke School Board, Roanoke Neighborhood Advocates, the Mayor's Committee for People with Disabilities and a Member of City Council. He stated the seven member work group should be allowed to take the necessary amount of time so that when the proposal was presented to the Justice Department for pre- clearance approval, active citizen involvement could be demonstrated. He further stated that if it took longer and put the realignment beyond the municipal elections in May 2012, it would not be a problem. Mayor Bowers concurred that a seven member committee should be formed, and recommended that without objection, the matter should be put on the Council agenda for 30 - 45 days in the future and that each Member of the Council be prepared to submit the name of a recommended participant for the Committee; and suggested that the matter be continued to the 1 st meeting of October when further input could be given. Ms. Grigsby agreed with the Council that a work group from a diverse cross- section should be created to allow for citizen input. She pointed out that there was a lot happening with redistricting, that nine of the 33 precincts had been moved into the 11th Legislative district, and everyone was trying to embrace legislative redistricting and the same care should be given to precinct realignment. Council Member Rosen suggested that a staff member from Planning or another department with specialized skills also be included on the task force because of their expertise in geography, demographics, etc., as well as identify potential problems. The Mayor agreed with the creation of a seven or nine member committee, adding that staff could always be called upon for assistance. He again suggested that the matter be placed on Council's October 6 agenda for further discussion. Vice-Mayor Trinkle supported having a process and task force in place by the October 6 meeting so that a discussion could be regarding the membership. Following ongoing dialogue regarding the matter, Council Member Rosen suggested that it may be more efficient to have the Electoral Board put together a plan that would save a certain amount of money or accomplish other goals and then have a task force review it. Council Member Bestpitch recommended that precincts be aligned so that everyone in one precinct voted in the same House of Delegates district. Ms. Grigsby pointed out that with the redistricting set by the General Assembly; Roanoke City had three split precincts which were Jefferson 2, South Roanoke 1 and South Roanoke 2, and it would be her recommendation that the precincts not be split. 84 Council Member Rosen asked what would be a reasonable time for the Electoral Board to return a recommendation. Mr. Williams explained that a proposal had been created, but based on discussions of Council he was of the opinion that it would be best for the Electoral Board to meet again and make changes. I Following further discussion of the matter, Council Member Rosen moved that the Electoral Board submit a proposal to the Council for review within 60 days; thereafter, the Council will work with the Administration to begin a process. The motion was seconded by the Vice-Mayor. In response to a question about the role of the Justice Department relating to precinct realignment, Mr. Hackworth advised that the Justice Department had to pre- approve everything that Council wanted to implement through a process called Section Five Pre-clearance under the 1964 Voting Rights Act. Mayor Bowers said he thought the process was being rushed and he was not going to support the motion. He added that he believed citizen input should come first and there should be more public involvement. Mr. Hackworth agreed that it was a tough issue and he sympathized with the difficulty of the decision, and that was why he had not included the Electoral Board's proposal with his communication because it would have given the appearance that a I decision had been made without input from the public or that Council had been left out of the decision making process. Council Member Ferris indicated he would support the motion; and would prefer a recommendation that states why changes were being made and the justification for them. However, he was of the opinion that there should be expert input first and thereafter, the public input should be allowed. Council Member Lea advised that he would like to see a foundation for changes and the process would stand on its own. He further advised that there were many things to be considered and if the public was not involved there would be problems with the Justice Department when they started interviewing citizens. Council Member expressed concern regarding a 60 day turnaround; whereby, Council Member Rosen clarified that he had not intended for the process to be complete within 60 days, but that a proposal be made to the Council within 60 days which would be the beginning of the long process. Mayor Bowers pointed out that 60 days would be Election Day, which might be an imposition on the Registrar who would be preparing for said election. I I I I 85 Council Member Bestpitch said because of the requirements for oversight by the Justice Department, he believed that the Electoral Board should prepare a working draft for review by the task force, and thereafter submit the proposal to Council action. He stated that the beginning point should be a resolution that gives a charge to the task force to deal with the issues that have been discussed and as outlined in the City Attorney's letter dated August 19, 2011. He thought the charge should be to realign the precincts with an eye towards ensuring accessibility, given the current demographics of the City were not close in proximity. Having had indepth dialogue regarding the matter, Council Member Price asked for clarification of the motion; whereby, Council Member Rosen clarified his motion stating that he was simply suggesting that whenever the committee was formed, they would need guidance from experts who handle elections on a routine basis. He emphasized that he was not suggesting that the process be rushed, but he was using the time period as stated by Mr. Williams, adding he thought the process would be more efficient if the committee had a starting point. As part of clarifying the motion which he had seconded, Vice Mayor Trinkle stated that Council would require the group to vet the proposal, make the necessary revisions based upon citizen input and public comments, with a recommendation to the Council; and that is what he would like to see passed. Council Member Bestpitch indicated that he might have misunderstood the motion, because he thought that he had heard there were different ideas about the process. He questioned if the original draft recommendation was ready, and if it was, then the number of days for a draft would actually be zero. Mr. Williams confirmed that the proposal, as of August 9, which the Electoral Board passed and approved, was ready. Unfortunately, based on the comments by the Council, he thought the Electoral Board should go back and take a look at the proposal, and present the revised proposal to the Council within 60 days. There being no further discussion regarding the matter, the motion offered by Council Member Rosen, seconded by Vice-Mayor Trinkle was adopted, with Mayor Bowers voting no. At 1 :01 p.m., the Council Meeting was declared in recess for a Closed Meeting 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 with Mayor David A. Bowers presiding and all Members of the Council in attendance. 86 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. 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 Edward T. Burton, Pastor Emeritus, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATION AND ACKNOWLEDGEMENTS: PROCLAMATIONS-HUNGER: The Mayor declared the month of September 2011 as Hunger Action Month, and presented a ceremonial copy of the proclamation to Pamela Irvine, President and CEO, Feeding America Southwest Virginia. He also recognized John Branson, a volunteer for Feeding America Southwest Virginia. (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 all matters will be referred to the City Manager for response, recommendation or report to Council, as he may . deem appropriate. Robert Gravely appeared before the Council and again reiterated and expressed concern with regard to the unfair treatment by the City in connection with his dismissal from the City's employment. He referred to a meeting with the City Manager, City Attorney and City Clerk and shared his thoughts that City's Personnel Operating Practices were misused in this instance. CONSENT AGENDA The Mayor advised that all matters listed 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 was desired, the item will be removed from the Consent Agenda and considered separately. The Mayor called attention to two public hearing requests from the City Manager. I I I I I I 87 DEED OF RESERVATION-CITY-QWNED PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the vacation of a previous storm drain easement and the placement of a new deed of reservation on City-owned property in connection with the development of the Riverside Corporate Centre, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the City Manager 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. NAYS: None-O. COUNTRYSIDE-EASEMENTS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider granting the request of Newbern Properties, LLC, a public drainage easement across a portion of the former Countryside Golf Course, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the City Manager 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. NAYS: None-O. COMMITTEES-VIRGINIA CARES BOARD: A communication from the City Clerk advising of the resignation of The Honorable Sherman P. Lea as "a City representative of the Virginia CARES Board of Directors, effective immediately was before the Council. (See communication on file in the City Clerk's Office.) 88 Vice-Mayor Trinkle moved that Council accept the resignation and receive and file the communication. ~ 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. COMMITTEES-LOCAL BOARD OF BUILDING CODE APPEALS: A communication from the City Clerk advising of the resignation of Peter Clapsaddle as a member of the Local Board of Building Code Appeals, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council accept the resignation and receive and file the communication. 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. COMMITTEES-HUMAN SERVICES ADVISORY BOARD: A communication from the City Clerk advising of the resignation of James D. Ritchie as a member of the Human Services Advisory Board, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council accept the resignation and receive and file the communication. 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 REPORT-ECONOMIC DEVELOPMENT AUTHORITY: Annual report of the Economic Development Authority for Fiscal Year 2010-2011 was before the Council. (See Annual Report on file in the City Clerk's Office.) I I I I I I 89 Vice-Mayor Trinkle moved that the Annual Report 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-ECONOMIC DEVELOPMENT AUTHORITY-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION-ROANOKE CIVIC CENTER COMMISSION-STEERING COMMITTEE OF THE REGIONAL SUSTAINABILlTY PARTNERSHIP-VIRGINIA WESTERN COMMUNITY COLLEGE: Reports of qualification of the following individuals were before the Council: The Honorable David B. Trinkle ~ as a City representative of the Steering Committee of the Regional Sustainability Partnership for a term of office ending June 30, 2013; Letitia Smith as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30,2014; Stephen S. Willis as a member of the Roanoke Civic Center Commission to fill the unexpired term of Laura Rawlings ending September 30,2012; F. Gordon Hancock as a Director of the Economic Development Authority ending October 20,2015; Mark S. Lawrence as a City representative of the Virginia Western Community College Board for a four-year term of office ending June 30,2015; and Brownie E. Polly as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30,2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers- 7. NAYS: None-O. 90 REGULAR AGENDA I PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-DRUGS: The Commonwealth's Attorney submitted a written communication recommending acceptance of funding from the State Compensation Board for the Regional Drug Prosecutor Grant; the City Manager submitted a written communication recommending concurrence in the request. (For full text, see communications on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39191-090611) 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. 75, page 100.) Council Member Ferris moved the adoption of Resolution No. 39191-090611. I 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 Ferris offered the following budget ordinance: (#39192-090611) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 101.) I I I I 91 Council Member Ferris moved the adoption of Ordinance No. 39192-090611.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. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: TERRORISM-DECEASED PERSONS: The City Manager submitted a written communication recommending adoption of a resolution to establish a national moment of remembrance of those persons who lost their lives in the terrorist attacks 10 years ago on September 11,2001. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39193-090611) A RESOLUTION supporting the National Moment of Remembrance of the 10th Anniversary of September 11 tho (For full text of resolution, see Resolution Book No. 75, page 102.) Council Member Bestpitch moved the adoption of Resolution No. 39193-090611. The motion was seconded by Council Member Rosen. Council Member Bestpitch suggested that every American fly the American flag on September 11 as a symbol of patriotism to honor those who lost their lives 10 years ago. Mayor Bowers reminded everyone of the Remembrance Program scheduled on Sunday, September 11 at 4:00 p.m., at the City Market Building, and requested that the American Flags be flown at the War Memorial in Lee Plaza, and outside of the Noel C. Taylor Municipal Building and Roanoke City Courthouse Building. 92 Following the comments, the Council Members, Resolution No. 39193-090611 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. I NAYS: None-O. BUDGET-LEGISLATION: The City Manager submitted a written communication recommending adoption of a resolution requesting support of the Governor and Members of the General Assembly to reverse the $60 million annual reduction for FY2012 and to eliminate the same in the FY2013 and FY2014 State budgets. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39194-090611) A RESOLUTION in support of restoration of State Funding for Aid to Localities. (For full text of resolution, see Resolution Book No. 75, page 105.) Council Member Rosen moved the adoption of Resolution No. 39194-090611. I The motion was seconded by Council Member Price. Council Member Bestpitch expressed appreciation to the Council for adopting the resolution to the Governor and Members of the General Assembly with regard to the decisions on the State budget. He referred to a commentary written by Council Member Rosen, citing points included in the proposed resolution to take a stand against the reductions. There being no other comments by the Council, Resolution No. 39194-090611 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. At this point, Council Member Lea left the meeting (2:42 p.m.). I I I I 93' BLUE RIDGE PARKWAY-ENVIRONMENTAL POLICY: The City Manager submitted a written communication recommending adoption of a resolution requesting modification of the Roanoke Valley/Blue Ridge Parkway Trail Plan Environmental Assessment to include the eastern extension of the Roanoke River Greenway to Explore Park as part of a one-year pilot project (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39195-090611) A RESOLUTION requesting that the National Park Service amend its proposed Roanoke Valley/Blue Ridge Parkway Trail Plan Environmental Assessment to address concerns of the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 107.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39195-090611. The motion was seconded by Council Member Rosen. Tom Carr, Director, Planning Building and Development, explained that the recommendation asks the Blue Ridge Parkway National Park Service to change the plan for an integrated trail system between the Roanoke Valley and Blue Ridge Parkway, highlighting the following information: 2007 Roanoke Valley Regional Greenway Plan Roanoke River Greenway · Priority #1 - The region's most important project. · Section 5.2, Map #31 o "30-mile path connecting Roanoke County, Salem, Roanoke, Vinton, Blue Ridge Parkway and Explore Park. *Plan adopted by City Council, March 2008 Vision 2001-2020 Roanoke's Comprehensive Plan · Pedestrian and bicycle linkages between the region's parks, rivers, natural and recreation areas · Increased access to trails and natural areas. · Promote Roanoke as an outdoors destination · . Greater use of recreational and exercise programs 94 I I (See presentation on file in the City Clerk's Office.) I I I I 95 Mr. Carr advised that the plan changes the long term goal of the region to develop a Greenway from Montgomery County to Franklin County, Explore Park to West Salem; and that the plan abandons previous goals to integrate the Mill Mountain trails with the Chestnut Ridge Trail in a way that people can use all the trails. He continued that there were places along the Parkway where over the years people have made foot paths to travel from adjacent neighborhoods or roads onto the Parkway either as pedestrians, bikers, hikers or runners; and the proposal recommends closing those 40 social trails or access points before providing alternatives, which will limit the access to the Parkway. Mr. Carr further advised that the proposal allows some hiking and biking trails to be built by PathFinders of Greenways to replace the greenway; and it will also limit the way the Greenway Commission seeks funds for completing that greenway. He pointed out that by adopting the resolution it expresses how the City feels about the plan and its willingness to work with them on improvements to fully integrate the trails and greenways of the Roanoke Valley. In response to an inquiry as to how the trails would be disabled, Mr. Carr explained that trails were virtually invisible and the Parkway officials were unaware of there existence until they went searching for them; adding that the trails serve a useful purpose and were not environmentally damaging in any way. Council Member Ferris asked for clarification with regard to justification for the change, which effectively prohibits the Greenway Commission from pursuing grant funding to complete the greenway; whereupon, Mr. Carr indicated that there was no justification in the report, but it explained the elimination of the extension of the Greenway across the Parkway; and it was stated in a meeting on Thursday, September 1 that the Parkway did not have any additional resources to provide and indicated safety concerns with the proposed route of the Greenway. Being an avid biker, Council Member Bestpitch stated that it was frustrating to drive in order to hike and commented that instead of eliminating the connection from the Parkway to the Explore Park to build additional trails somewhere else, the existing trails should be connected. He mentioned that it would be great someday to have a connection from Lick Run to the Carvins Cove Trails or a connection to those trails to the Appalachian Trail. He hoped that the City could work to find an alternative that would be safe, but to abandon the connection from the greenway to Explore Park made no sense. 96 There being no further discussion regarding the matter, Resolution No. 39195- 090611 was adopted by the following vote: I AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) GRANTS-FORESTRY: The City Manager submitted a written communication recommending acceptance and appropriation of funds for 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 Rosen offered the following resolution: (#39196-090611) 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 I the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 75, page 108.) Council Member Rosen moved the adoption of Resolution No. 39196-090611. The motion was seconded by Vice-Mayor Trinkle. Council Member Bestpitch asked how many additional trees could be planted because of the grant funds; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, indicated that the grant would be used to fund a part-time staff position; and with regard to the number trees that could be planted; he would respond back to the Council. Following response to Council Member Bestpitch's inquiry, Resolution No. 39196-090611 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) I I I I 97 Council Member Rosen offered the following budget ordinance: (#39197-090611) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 109.) Council Member Rosen moved the adoption of Ordinance No. 39197- 090611.The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Elder Lea was absent.) DONATIONS/GREENWAY: The City Manager submitted a written communication recommending acceptance of donations from Pathfinders for Greenways and the Roanoke Valley Greenway Commission, respectively, in support of the development of the Roanoke River Greenway -- Bridge Street to Salem connection; and appropriation of funds in connection therewith. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39198-090611) A RESOLUTION accepting and expressing appreciation for the donation of $100,000.00 from Pathfinders for Greenways, Inc., and $25,000.00 from the Roanoke Valley Greenway Commission to support the development of the Roanoke River Greenway-Bridge Street to Salem connection. (For full text of resolution, see Resolution Book No. 75, page 110.) Council Member Bestpitch moved the adoption of Resolution No. 39198-090611. The motion was seconded by Council Member Ferris. Mayor Bowers inquired about the opening of the greenway; whereupon, Mr. Townsend advised that the Vie Thomas Park to the Bridge Street section of the Greenway was currently under construction, but was approximately 90 percent complete, with an anticipated opening date by October 2010. 98 There being no further questions and/or comments by the Council Members, Resolution No. 39198-090611 was adopted by the following vote: I AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) Council Member Bestpitch offered the following budget ordinance: (#39199-090611) AN ORDINANCE to appropriate funding from the Pathfinders for Greenways, Inc. and from the Roanoke Valley Greenway Commission for the development of the Bridge Street to Salem section of the Roanoke River Greenway, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 111.) Council Member Bestpitch moved the adoption of Ordinance No. 39199- 090611.The motion was seconded by Council Member Ferris and adopted by the I following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Elder Lea was absent.) COMMENTS BY THE CITY MANAGER: The City Manager announced: . the City of Roanoke had received approximately three inches of precipitation and was expecting an additional two inches as a result of Hurricane Lee; . the Market Building Grand Re-Opening Celebration was a success with approximately 2,000 people in attendance throughout the day; . the Henry Street Heritage Festival to be held on Saturday, September 17 in Elmwood Park; . the Light it Up for a Cure Fire Prevention event to be held at the Roanoke Civic Center on Saturday, September 24; · the Mill Mountain Star would return to white and would only be red, white and I blue on highly patriotic days. 99 I Economic Development Initiatives/Update Rob Ledger, Manager, Economic Development, briefed the Council on the progress and issues of economic development in the City of Roanoke. He highlighted the following: Core Economic Development Functions .:. Attraction .:. Retention and Expansion .:. Workforce Development Marketina - New Face. New Tools .:. New Brochure o A new face of Economic Development o Assets are key - Internal and External Marketing .:. Assets/Amenities o The mix of these influences your ability to keep and attract the talent we need to succeed. I .:. Coming Soon o New brochure inserts o Pop-ups (tradeshows and events) o Web updates and resources Data - New Collection & Manaaement Tools .:. Site and Building Search o Virginia scan - now accessed on our website o Links to RRP and VEDP .:. Projects o EcoDev Tracker o New or existing projects o Web-based .:. All existing businesses o Executive pulse: VEDP-licensed, RRP provided to regional localities o Provide useful data to regional and State o See survey of questions = full profile I 100 Staff Development .:. Shrinking silos o Teamwork Approach = Broader Knowledge o Broader Knowledge = Better Customer Service o Cross-training benefits the team I .:. SizViz o Visit, Listen, Learn - and record in EPulse o Businesses are our eyes and ears to key sectors and are our ambassadors to the global market o BizViz's leads to BizBreaks to SizNews and vice versa .:. Networking o Take the pulse of the business community o Targeted workshops, job fairs, and attending key events The Outcome .:. New Face + New Tools + Teamwork = Stronger and more effective Economic Development Department with a more informed approach to the key issues and opportunities which affect our core functions and outcomes. 1. More accurate quantitative accomplishments 2. More relative qualitative accomplishments I CY 2010* '---~.' ,.--- - Jobs 230 ----- ----,-- Investment 19,865,000 CY 2011* 100 4,250,000 ~D~m@~ CY 2010* 68 14,370,000 CY 2011* 526 15,115,260 ,298 626 Investment 34,235,000 19,365,260 "'. -. * Data reflects partial year (8 months only) I I I I 101 Qualitative Accomplishments .:. The department successfully provided 3 workshops: o Taxes in Business o The Business in Restaurants o Commercial Grant and Tax Credits .:. Conducted 2 Job Fairs .:. First ever Field to Fork Event Qualitative Accomplishments .:. Through BizViz and BizBreak programs and daily business meetings the department met with over 300 businesses. .:. The disposition of several city-owned properties with total revenue from sales totaling over $3.8 million. Qualitative Accomplishments .:. Small Business Focus o The services the Economic Development staff provides and the activities we engage in are predominantly related to small business. o Participant in the first-ever Advisory Board for the Small Business Development Center. o Promotes the Entrepreneur Center at SBDC, the Entrepreneur Hub within Regional Partnership and the Business One-Stop within Virginia Department of Business Assistance (recent survey). Qualitative Accomplishments .:. Greater Community Issues o Regional Fiber/Broadband Analysis. Economic Development staff chaired a RRP subcommittee to investigate the opportunities available from the VT/ARRA Rural Broadband Project. o Workforce Liaison. Staff to interact with key workforce organizations and training providers. (See presentation and brochure on file in the City Clerk's Office.) Mr. Ledger explained that in attraction and retention expansion functions overlap. The department provides enterprise zone funds for the two enterprise zones in the City. Department staff serves as Economic Department Administrators as well as to the Economic Development Authority; who has been a great partner for re-extension, expansion and attraction. 102 He further mentioned new products used by the department, adding that EcoDev Tracker was a web-based project specific tool that records every project and all the specific parameters within that project, such as investment, number of jobs, and comments. He stated that the Tax and Business and Business of Restaurants Workshops were very popular and drew in over 260 attendees collectively; and the job fairs connected approximately 2,500 people with 160 businesses and local and regional organizations that assist displaced workers with jobs; for example, Virginia Employment Commission and Virginia Western Community College. I Council Member Rosen inquired about the outcome of the job fairs and if that information was tracked; whereupon, Mr. Ledger advised that about six people received job offers while attending the fair and the employer position information was not tracked. Council Rosen suggested tracking the information by inquiring with the employers prior to the fairs as to the number of open positions available; and thereafter submit a three or six month report stating the applicants received at the job fair and the number of people hired. Mr. Ledger confirmed that the information would be tracked and reported on next year and commented that the Fork to Field event introduced regional food producers with local buyers of food products, which event was well attended and he hopes to host another event in the fall of 2011 or 2012. In closing, the Mayor suggested that Mr. Ledger research a private sector I initiative known as Innovation Blueprint; and without objection by the Council, he advised that the presentation would be received and filed. REPORTS OF COMMITTEES: AUDIT COMMITTEE TRAVEL/EXPENSE POLICY: A communication from Council Member Sherman P. Lea, Chairman, Audit Committee, recommending approval of certain revisions to the Council's Travel and Expense Policy, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered a motion to approve the revisions to Council's Travel and Expense Policy. The motion was seconded by Council Member Ferris and unanimously adopted. UNFINISHED BUSINESS: SCHOOL BOARD: Continuation of the matter with regard to a request of the Roanoke City School Board for approval of the Schools' renewal of the $10 million line of credit facility with Wells Fargo, National Association, having previously been before the Council for its first reading, read and laid over, was again before the body. (Matter was tabled at the August 15 meeting). I I I I 103 Mayor Bowers advised that staff recommends the item remain on the table until further notice. He commended Dr. Rita Bishop, School Superintendent, on every City public school achieving accreditation, a first in Roanoke's history. Without objection from the Council, the matter was continued until a later date while staff continues to seek a satisfactory solution. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: VIRGINIA MUNICIPAL LEAGUE: Council Member Bestpitch offered the following resolution designating Council Member Sherman Lea as Voting Delegate and Council Member Anita Price as Alternate Voting Delegate for theSusiness Session and Chris Morrill, City Manager, as Staff Assistant, in connection with the Annual Virginia Municipal League Conference to be held on October 2 - 4, 2011, in Henrico County, Virginia: (For full text, see resolution on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39200-090611) 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. 75, page 112.) Council Member Bestpitch moved the adoption of Resolution No. 39200-090611. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: 104 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. I HENRY STREET HERITAGE FESTIVAL: Council Member Price reiterated that the Henry Street Heritage Festival would be held on September 17, commencing at 11 :30 a.m., with many activities throughout the day and evening. The Mayor reminded everyone that the Annual Greek Festival was also scheduled for Saturday, September 17. At 4:00 p.m., the Mayor declared the Council meeting in recess for continuation of Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:43 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Lea. 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 I 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 Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to the expiration of the three-year term of office of Paul Anderson as a member of the Roanoke Civic Center Commission ending September 30, 2011. Inasmuch as Mr. Anderson had served three consecutive terms of office, he was ineligible to serve another term; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Landon Howard. I I I I 105 There being no further nominations, Mr. Howard was appointed to replace Paul Anderson as a member of the Roanoke Civic Center Commission for a three year term of office ending September 30,2014, by the following vote: FOR MR. HOWARD: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. (Council Member Lea was absent.) . Council Member Rosen moved that the City residency requirement for Mr. Howard be waived in this instance. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) OATHS OF OFFICE-VIRGINIA CARES BOARD: The Mayor called attention to a vacancy on the Virginia CARES Board of Directors created by the resignation of Council Member Sherman P. Lea as a City representative; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Paige Hodges. There being no further nominations, Ms. Hodges was appointed to replace Council Member Lea as a City representative of the Virginia CARES Board of Directors, by the following vote: FOR MS. HODGES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-5. (Council Member Lea was absent.) OATHS OF OFFICE-COMMITTEES-TOWING ADVISORY BOARD: The Mayor called attention to the expiration of the three-year terms of office of Kenny Garrett, Thomas Ruff and Greg Spangler as members of the Towing Advisory Board ending October 31,2011; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Kenny Garrett. 106 There being no further nominations, Mr. Garrett was reappointed as a member of the Towing Advisory Board for a three year term of office ending October 31,2014, by the following vote: FOR MR. GARRETT: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-5. (Council Member Lea was absent.) There being no further business, the Mayor declared the Council meeting adjourned at 4:43 p.m. APPROVED ATTEST: ,-.....~l??~....~"" _ ~(J4 -___ _ _ David A. Bowers Mayor I I I I I I 107 ROANOKE CITY COUNCIL-REGULAR SESSION September 19, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 19, 2011, 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. 39150-070511 adopted by the Council on Tuesday, July 5,2011. 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. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Quentin J. White, Chaplain, Veterans Affairs Medical Center. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: The Mayor declared the week of September 17 - 23, 2011 as Constitution Week, and presented the proclamation to Mary Elizabeth Kepley and Kay Young, members of the Nancy Christian Fleming Chapter, Daughters of the American Revolution. (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. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. 108 Jamie McDaniel appeared before the Council and spoke about fair housing I practices, particularly derelict properties in her neighborhood and expressed concern regarding the decrease in property values due to the purchases of abandoned homes as rental properties by slum landlords. She also spoke in opposition about the time limitation placed on citizens appearing before the Council. The City Manager was asked to have City staff meet with Ms. Daniels to discuss her concerns about fair housing practices. 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, August 15, 2011, were before the body. (~ee Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council dispense with the reading of the minutes I and approve as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORTS: Annual Report of the Audit Committee for the fiscal year ending June 30, 2011, was before the Council. (See Annual Report on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the Annual Report be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. I I I I 109 AUDIT COMMITTEE-MINUTES: Minutes of the Audit Committee held on Wednesday, September 7,2011, were before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the minutes be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: Report of qualification of Derek Bayne Cundiff as a member of the Architectural Review Board for a term of four-years ending October 1, 2015, was before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the report of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 110 ITEMS RECOMMENDED FOR ACTION: I WESTERN VIRGINIA WORKFORCE ACT-BUDGET-GRANTS-HUMAN DEVELOPMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Western Virginia Workforce Development Board Workforce Investment Act for Program Year 2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39201-091911) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $75,000.00 and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 75, page 113.) Council Member Lea moved the adoption of Resolution No. 39201-091911. The motion was seconded by Council Members Bestpitch and Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and I Mayor Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#39202-091911) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Regional Collaboration G rant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 114.) Council Member Lea moved the adoption of Budget Ordinance No. 39202- 091911. The motion was seconded by Council Members Bestpitch and Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-G. I I I I 111 BUDGET-GRANTS-DRUGS-YOUTH: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Department of Criminal Justice Services Juvenile Justice and Delinquency Prevention Title II Grant an evidence-based treatment program designed to reduce youth substance use and youth crime; and execution of a contract with Carilion Medical Center d/b/a Carilion Clinic (Psychiatry and Behavioral Medicine). (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39203-091911) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family SeNice of 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. 75, page 115.) Council Member Lea moved the adoption of Resolution No. 39203-091911. The motion was seconded by Council Member Price. Ms. Price inquired about the number of students that have benefited from the program; whereupon, the City Manager indicated that the City's intent is to serve 50 students, which would be twice the number from last year's total. She further inquired about the percent of the makeup of males and minorities participating in the program. The City Manager agreed to research the matter and forward the information to the Council. In response to Ms. Price's inquiry for information regarding the makeup by gender of current participants in the Project Back on Track program, the Assistant City Manager for Community Development stated that males comprised approximately twice as many participants as females; and therefore, out of the approximately 50 participants anticipated in the upcoming program year, it was likely that this 2:1 ratio of males to females would be expected as well -- approximately 33+ males to 17+- females. He added that it is further anticipated that approximately 2/3 of all participants during the upcoming year would be African American. (See copy of email dated September 20,2011 on file in the City Clerk's Office.) 112 There being no additional questions and/or comments by the Council Members, Resolution No. 39203-091911 was adopted by the following vote: I AYES: Council Members Price, Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Inasmuch as he is employed with Carilion Hospital, Vice-Mayor Trinkle abstained from voting) . Council Member Lea offered the following budget ordinance: (#39204-091911) 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 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 116.) Council Member Lea moved the adoption of Budget Ordinance No. 39204- I 091911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Bestpitch, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Inasmuch as he is employed with Carilion Hospital, Vice-Mayor Trinkle abstained from voting). BUDGET-GRANTS-POLlCE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the FY 2011 Edward Byrne Memorial Justice Assistance Grant from the United States Department of Justice. (For full text, see communication on file in the City Clerk's Office.) I 113 I Vice-Mayor Trinkle offered the following resolution: (#39205-091911) A RESOLUTION authorizing acceptance of a FY 2011 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 117.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39205-091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-D. Vice-Mayor Trinkle offered the following budget ordinance: (#39206-091911) AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 75, page 118.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39206-091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-POLlCE-TRAFFIC: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Department of Motor Vehicles Traffic Safety Grant awarded to the Police Department. (For full text, see communication on file in the City Clerk's Office.) I 114 Council Member Lea offered the following resolution: I (#39207-091911) A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 119.) Council Member Lea moved the adoption of Resolution No. 39207-091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. Council Member Lea offered the following budget ordinance: (#39208-091911) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a traffic safety grant, amending and reordaining certain sections of I the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 120.) Council Member Lea moved the adoption of Budget Ordinance No. 39208- 091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. BUDGET-GRANTS-L1BRARIES: The City Manager submitted a written communication recommending acceptance and appropriation of additional funds in connection with the 2011-2012 AmeriCorps Grant awarded to the Public Libraries. (For full text, see communication on file in the City Clerk's Office.) I I I I 115 Vice-Mayor Trinkle offered the following resolution: (#39209-091911) A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2011-12 from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 121.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39209-091911. The motion was seconded by Council Member Price. Ms. Price commented that the project was worthwhile and inquired if the 19 staff positions noted in the communication were part-time; whereupon, the City Manager explained that the project would focus on childhood literacy and hopefully many of the positions would be full-time. Following response to an inquiry from Council Member Price, Resolution No. 39209-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#39210-091911) AN ORDINANCE to appropriate funding from the Federal AmeriCorps program through the Virginia Department of Social Services to provide part- time personnel for various library services, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 122.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39210-091911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. 116 ZONING-STREETS: The City Manager submitted a written communication recommending authorization to repeal Ordinance No. 1054 adopted January 26, 1923, in its entirety as its provisions are no longer necessary for future street widening projects, conflict with the existing development pattern, and are inconsistent with the current Zoning Ordinance regulations for the Downtown Zoning District. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#39211-091911) AN ORDINANCE repealing Ordinance No. 1054 adopted January 26, 1923, which established set back building lines on certain streets within the Business and Residential Districts as defined by Ordinance No. 1050 adopted by Council on January 19, 1923; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 123.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39211-091911. The motion was seconded by Council Member Lea. I In response to the Mayor's inquiry as to whether there was a conflict of interest I since he owned property in the downtown area; the City Attorney replied no. Council Member Rosen asked why the issue had not been mentioned before in an attempt to clear title defects; whereupon, the City Attorney commented that the ordinance pre-dates the zoning and had not been considered as an issue to most. Following response to an inquiry by Council Member Rosen, Ordinance No. 39211-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. CITY CODE-SOLID WASTE: The City Manager submitted a written communication recommending amendment of the City Code with regard to revisions in connection with certain sections of Chapter 14.1, Solid Waste Management, and amendment to the Fee Compendium. (For full text, see communication on file in the City Clerk's Office.) I I I I 117 Council Member Lea offered the following ordinance: (#39212-091911) AN ORDINANCE amending and reordaining Section 14.1-3, Litterina, and Section 14.1-16, Placement for collection aenerallv, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended, to change a deadline and to clarify information needed for physically challenged service; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 123.) Council Member Lea moved the adoption of Ordinance No. 39212-091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-D. Council Member Lea offered the following resolution: (#39213-091911) A RESOLUTION amending the City's Fee Compendium to establish a fee for the purchase of a 48-gallon automated trash container for residents and small business owners to use in the disposal of the trash; and providing for an effective date. (For full text of resolution, see Resolution Book No. 75, page 125.) Council Member Lea moved the adoption of Resolution No. 39213-091911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. GRANTS-TOTAL ACTION AGAINST POVERTY-EQUIPMENT: The City Manager submitted a written communication recommending execution of the CDBG Subgrant Agreement with Total Action Against Poverty to replace HVAC units in the Liberty Pines apartment complex. (For full text, see communication on file in the City Clerk's Office.) 118 Council Member Lea offered the following resolution: I (#39214-091911) A RESOLUTION authorizing the City Manager to enter into a 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. 75, page 126.) Council Member Lea moved the adoption of Resolution No. 39214-091911. The motion was seconded by Council Member Bestpitch. Council Member Rosen stated that even though he serves as the City's representative on Total Action Against Poverty Board of Directors, he was going to vote on the matter since it was not directly related to TAP. There being no additional comments or questions by the Council Members; Resolution No. 39214-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. I COMMENTS BY CITY MANAGER: The City Manager offered the following comments: . Countryside Development Project On Thursday, September 22, at 6:30 p.m., a public meeting will be held in the William Fleming High School cafeteria to discuss the Countryside Development Project. . City Doq Park One half of the large dog park is closed for approximately eight weeks to be reseeded and aerated. The other half will remain open for citizen use. . City Events On Saturday, September 24, the Fire-EMS will host at the Roanoke Civic Center "Fired Up for a Cure" to promote both Fire Prevention and Breast Cancer Awareness Month. The Annual Henry Street Heritage and Pride Festivals were successful with thousands of patrons in attendance. On Saturday, October 1, the Big Lick Blues Festival will be held in I Elmwood Park. I I I 119 DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Fiscal Year 2011 Unaudited Financial Report for the City of Roanoke and Roanoke City Public Schools. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance summarized the Fiscal Year 2011 Unaudited Financial Report for the City of Roanoke and Roanoke City Public Schools stating that funding to the schools grew significantly due to the 2 percent increase in the Prepared Food Tax known as the Eat for Education Program which contributed 1.8 percent to fiscal year 2011 revenues. She pointed out that the Prepared Food Tax rate increased from five to seven percent effective July 1, 2010 and would sunset back to five percent on June 30, 2012, adding that the variance between fiscal year 2010 and 2011 was 2.6 percent. She also mentioned that operating performance increased 13 percent overall within the Civic Facilities Fund, and the Parking Fund, the Elmwood Park and Market Garages exceeded revenue estimates and contributed two-thirds of overall revenue improvement. Ms. Shawver advised that the City's Pension Plan year-to-date had increased 25.2 percent and noted that the City met the goal of funding the Undesignated General Fund Reserve to reflect at least 10 percent of the General Fund budget total. She concluded by briefly touching on the Risk Management Reserve Fund, pointing out that the City funded a contribution of $1.4 million to increase the Reserve in FY2011. (See copy of presentation on file in the City Clerk's Office.) With regard to the presentation, Council Member Rosen commented that it was impressive and illustrated organizational progress. Council Member Lea commended the Council on the tough decisions that had to be made to balance the Fiscal Year 2011 budget. The City Manager noted his appreciation to the Departments of Finance and Management and Budget, Council and City employees for their hard work; and advised that due to the positive budget performance, a recommendation for another stipend for City employees be placed on the October 6 Council agenda for action. Vice-Mayor Trinkle voiced his support of the stipend for City employees. 120 Mayor Bowers commented on the decrease in the Civic Center subsidy, and I pointed out the increase in subsidy for Valley Metro. In connection with the comment by the Mayor regarding the Valley Metro subsidy, the Director of Finance reported that there would be pressure on the City to continue the current level of Valley Metro service to the public, adding that staff would be looking at the FY2013 budget options to provide the least impact on service. Mayor Bowers asked how much should be set aside for the "catastrophe fund" or the Undesignated Reserve; whereupon, Ms. Shawver advised that 10 or 15 percent was acceptable to ensure restoration within a few years if a portion of the fund was to be used. The City Manager added that a low Reserve Fund Balance could affect the credit rating of the City. Council Member Rosen asked if there had been a decrease in Valley Metro student riders following the implementation of the $.75 fare; whereupon, the City Manager replied that overall ridership did decrease and revenue had increased. Council Member Rosen requested details of student revenue versus ridership. Following dialogue with the Council, the presentation was received and filed without of objection by the Council. REPORTS OF COMMITTEES: I SCHOOLS-BUDGET: 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 Bestpitch offered the following budget ordinance: (#39215-091911) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, private grants, and local match for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 128.) I I I I 121 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39215- 091911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, 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 COUNCIL: FIFTH PLANNING DISTRICT-CITY COUNCIL: Council Member Lea commented on a recent Regional Leadership Trip to Greenville, South Carolina, that was sponsored by the Roanoke Valley Alleghany Regional Commission whereby he, Vice-Mayor Trinkle and City Manager Chris Morrill participated. NATIONAL LEAGUE OF CITIES-CITY COUNCIL: Council Member Price commented on her attendance at a National League of Cities (NLC) Human Development Policy Meeting in Durham, North Carolina, and she also expressed appreciation to everyone who supported the Henry Street Heritage Festival. UNITED STATES POSTAL SERVICE: Mayor Bowers expressed concern regarding the possible closing of the Post Office Operations Center located in the City, and requested that the City Attorney prepare the proper resolution for adoption by the Council at its October 6 Council Meeting requesting that the facility remain in Roanoke. At 3:24 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber, Room 450, 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, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. 122 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. I 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 David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: Council Member Rosen offered the following resolution in recognition of the 25th Anniversary of the Roanoke City Schools Chess Program: (#39216-091911) A RESOLUTION paying tribute to the Roanoke City Schools I Chess Program upon the occasion of its 25th Anniversary. (For full text of resolution, see Resolution Book No. 75, page 133.) Council Member Rosen moved the adoption of Resolution No. 39216-091911. The motion was seconded by Vice-Mayor Trinkle and Council Members Price and Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. Mayor Bowers presented ceremonial copies of Resolution No. 39216-091911 to Vella Wright, Assistant Superintendent for Teaching and Learning; and Mickey Owens, Program Coordinator. He also recognized Russell Potter, President, Roanoke City Schools Chess Club. I I I I 123 ACTS OF ACKNOWLEDGMENT~YOUTH: The Mayor recognized participants of the U. S. Kids Care's "A Summer of Service" project and presented each with Certificates of Appreciation. (See list of participants on file in the City Clerk's Office.) 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, September 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 501 Salem, L.L.C., to rezone a portion of property located at 501 Salem Avenue, S. W., bearing Official Tax Map No. 1111315, from D(c), Downtown District, conditional, to 1-1 (c), Light Industrial, with a condition, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 2 and Friday, September 9, 2011. (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 request, finding the application to rezone the subject property to be consistent with Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan. It was further advised that the application provided for the reuse of two historic buildings and the first phase of a comprehensive rehabilitation of the entire parcel. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39217-091911) AN ORDINANCE to amend ~36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, P?lge 134.) Council Member Rosen moved the adoption of Ordinance No. 39217-091911. The motion was seconded by Vice-Mayor Trinkle. 124 The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. I Faisal Khan, Operating Manager, representing the petitioner, appeared before the Council in support of request. There being no discussion by the Council, Ordinance No. 39217-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor 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, September 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Trustees of New Assembly Covenant of God to rezone a portion of the property located at 3030 King Street, N. E., bearing Official Tax Map No. 7080420, from R-5, Residential Single-Family District, to IN(c), Institutional District, conditional, and property located at 2922 King Street, N. E., bearing Official Tax Map No. 7080425, from IN, Institutional District, to IN(c), Institutional District, conditional, for additional parking, I as permitted in the IN, Institutional District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 2 and Friday, September 9,2011. (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 request, as amended by Amended Application NO.2. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39218-091911) 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 certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 75, page 136.) I I I I 125 Council Member Lea moved the adoption of Ordinance No. 39218-091911. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Sheldon Bower, Agent, representing the petitioner, appeared before the Council in support of the request. There being no questions and/or comments by the Council Members, Ordinance No. 39218-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 19, 2011. 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 public drainage easement, with an approximate width of 25 feet, across a portion of City owned property designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, in connection with the development of a new facility for Trane, Inc., which is currently under construction on an adjacent property owned by Newbern Properties, LLC, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 9,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of appropriate documents granting a Variable Width Public Drainage Easement across a portion of the former Countryside Golf Course to Newbern Properties, LLC, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) 126 Council Member Rosen offered the following ordinance: I (#39219-091911) AN ORDINANCE authorizing the conveyance of a variable width, public drainage easement across a portion of City-owned property, designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, 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. 75, page 137.) Council Member Rosen moved the adoption of Ordinance No. 39219-091911. The motion was seconded by Vice-Mayor Trinkle and Council Member Lea. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, Valerie Garner appeared before the Council and commented on the flooding of the Lick Run tributary. She suggested that the matter be postponed in order to allow City engineers time to review an option of having the runoff go into the retention pond that was currently situated on the Newbern property. She distributed a handout illustrating the current path of runoff on the property. (See handout on file in the City Clerk's Office.) There being no additional speakers, the Mayor declared the public hearing I closed. Council Member Rosen asked if an additional enlarged facility was currently under construction that would help with the issue; whereupon, R. Brian Townsend, Assistant to the City Manager for Community Development replied in the affirmative, adding that drainage from that particular portion of the former golf course had to have an adequate channel to Lick Run, which was the only means for the drainage to flow to the Roanoke River. He noted that the applicant was required to retain the site and maintain the same level of runoff pre and post development; and approval from the Council was required to allow Newbern Properties, LLC, to recreate the appropriate drainage ditch to convey the runoff from the site to Lick Run, ultimately emptying it into the Roanoke River. He also pointed out that were no other viable options for runoff to adequately reach the river system. In response to an inquiry from Council Member Rosen with regard to pre and post development runoff, Mr. Townsend advised that approving the expanded easement would not increase water going into Lick Run and the development of the property would not add volume to the water coming into the easement. He added that the easement needed to be reconditioned to ensure it could carry the water from that system into Lick Run appropriately. I I I I 127 Vice-Mayor Trinkle inquired if, in this instance, a retention pond would be an option to solve the problem; whereupon, Mr. Townsend replied that the purpose of the retention pond was to hold water back so it runs off at the same rate as it did previously. He stated that was a State requirement to have an adequate channel leading from the site to the outfall and that was the reason the easement must be widened. He further inquired if it was an above ground channel or underground culvert and if it would limit development; whereupon, Mr. Townsend advised that it was an open channel that travels through a part of the site that the City owns located in the floodplain of Lick Run which limited potential development. Ray Craighead, Architect, Newbern Properties, LLC, appeared before the Council and advised that the developer has maintained water quality control on the site, and he pointed out there were two retention ponds and two underground storage ponds on the property. He explained that Newbern Properties spent a substantial amount of money to complete those functions in an aesthetically pleasing way, as well as looked at underground piping, but the velocity of the water and the impact it would have on the stream was something to be avoided. Following in-depth dialogue with regard to the channel and development of the property, Council Member Bestpitch inquired about the clean up of debris within the channel. Mr. Townsend replied that debris would have to be removed from the channel over time and would have to be an ongoing maintenance measure. Sherman Stovall, Assistant City Manager for Operations, also mentioned that resources would be assessed and a plan developed to adequately ensure cleanliness of the ditch. Council Member Price inquired what could be done if future problems with runoff arose. Mr. Townsend replied that the closest private property to that area of the golf course was Trane, and if flooding occurred in said area, only the former golf course property would be in danger of damage. There being no further questions and/or comments by the Council Members, Ordinance No. 39219-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-G. 128 ARMORY-CITY-PROPERTY-RECREATION-EASEMENTS-STORM DRAINS- I ECONOMIC DEVELOPMENT: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 19,2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to vacate a storm drain easement on City owned property de~ignated as Tax Map Number 1040202, formerly known as the National Guard Armory, and to reserve a revised permanent 40 foot wide and 898 foot long storm drain easement on the same parcel, which easement shall extend from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and constructing and installing and thereafter maintaining, operating, relaying, and if necessary, replacing a public storm drain system across the aforementioned parcel, in connection with the development of the Riverside Corporate Centre, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 9, 2011. (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 against City-owned property, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) I Council Member Rosen offered the following ordinance: (#39220-091911) AN ORDINANCE authorizing the execution of a Deed of Reservation against City-owned property designated as Tax Map Number 1040202, to allow the placement of a revised permanent 40 foot wide by 898 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; authorizing the vacation of an existing storm drain easement created by plat, 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. 75, page 138.) Council Member Rosen moved the adoption of Ordinance No. 39220-091911. The motion was seconded by Council Member Lea. The Mayor inquired whether there were persons present who wish to speak on the matter. There being none, he declared the public hearing closed. I I I I 129 Vice-Mayor Trinkle inquired if the easement would impede development or use of the soccer fields at the athletic complex for events, and whether the easement was underground; whereupon, the Assistant City Manager for Community Development responded that the easement was underground and the pipe line would be placed in a position that would have the least impact as possible on the Gevelopment west of the majority of the site. Following response to the Vice-Mayor's inquiry, Ordinance No. 39220-091911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor 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, September 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Austin Rogers, on behalf of GBT Realty Corporation, to amend Proffered Condition Nos. 1,2,5 and 7, and repeal Proffered Condition No.6, as such proffers are set forth in the Second Amended Petition to Rezone filed on November 13, 2002, and accepted by City Council by the adoption of Ordinance No. 36175-121602, as they pertain to 1261 Riverland Road, S. E., and 0 Garden City Boulevard, S. E., bearing Official Tax Nos. 4360103 and 4360104, respectively, such amendment of proffers to limit the use of the property to an enumerated list of uses permitted in the CG, Commercial General District, including certain general commercial and retail establishments, offices, service establishments, eating and entertainment establishments, governmental, community and educational facilities, and broadcast/utility/wireless facilities; to restrict the use of freestanding signs and prohibit electronic readerboards; to require certain fencing and lighting; and to remove proffers relating to the layout and design of the subject properties as a highway convenience store and fast food restaurant, all of which is set forth in the Amendment of Proffered Conditions Amended Application NO.2 dated August 2, 2011; and the comprehensive plan designates the properties for commercial use, and the proposed general usage of the property is a 10,650 square foot discount retail sales establishment, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 2 and Friday, September 9, 2011. (See publisher's affidavit on file in the City Clerk's Office.) 130 The City Planning Commission submitted a written report recommending denial of approval of the Amended Application No.2, finding that the application was inconsistent with the design principles of Vision 2001-2020 and the Garden City Neighborhood Plan. It stated that adherence to the City's design principles was essential to maintaining.the viability of the adjacent residential use and facilitating future economic development in the area. I (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following measure granting petition considered by Planning Commission on August 18, 2011 : "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 deleting and amending certain proffers adopted by City Council in Ordinance No. 36175-121602, on December 16, 2002, pertaining to certain properties located at the intersection of Riverland Road, S. E., and Garden City Boulevard, S. E.; and dispensing with the second reading by title of this ordinance." (For full text, see ordinance on file in the City Clerk's Office.) In response to Council Member Lea's inquiry as to the difference in the two I ordinances before the Council, Michael Pace, the Attorney representing the petitioner, advised that the offered ordinance was with regard to an Amended Application No. 2 that had been reviewed by the City Planning Commission at its meeting held on August 18, 2011; and the revised ordinance that was placed on the Council's dais was in connection with an Amended Application No.3 which was filed with the City Clerk on Friday, September 16 that simplified the use and change in proffers; and therefore, the petitioner respectfully requests approval of the revised ordinance. There being no objection by the Council, Council Member Lea withdrew his motion to offer the measure referencing Amended Application No.2. Vice-Mayor Trinkle offered the following measure granting petition filed on September 16, 2011 : (#39221-091911) 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 deleting and amending certain proffers adopted by City Council in Ordinance No. 36175-121602, on December 16, 2002, pertaining to certain properties located at the intersection of Riverland Road, S. E., and Garden City Boulevard, S. E.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 140.) I I I I 131 Vice-Mayor Trinkle moved the adoption of Ordinance No. 39221-091911. The motion was seconded by Council Member Lea. Michael Pace, Attorney representing the petitioner, appeared before the Council in support of the request. 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. Mr. Pace shared background information regarding the property in question, noting that in 2002, the property was rezoned to allow for a 24-hour convenience store with gas pumps and the possibility of a fast food establishment, upon certain proffered conditions; and the current development plan as submitted by GBT Realty requested that the property be rezoned to allow for construction of a Dollar General Store on the site. Mr. Pace stated that the lease on the store located on Bennington Street will soon expire and the nationwide plan was to move from Food Lion developments to out parcels on the same space. He referred to photos and pointed out that the previous options for development in that area fell into the floodplain which made development virtually impossible. He further stated that the City revised the Zoning Ordinance on May 16, 2011, designating a new purpose for the CG, Commercial General Zoning district, to permit motor vehicle dependent uses as single lot developments, adding that everything in the area was motor vehicle dependent and nothing was pedestrian dependent. (See photos on file in the City Clerk's Office.) Following a review of the requirements as stated in Vision 2001-2020, the City's Comprehensive Plan, Mr. Pace indicated that the concerns shared by the City Planning Commission and staff have been addressed; however, identifying the property as a village center or develop the property according to a pedestrian friendly orientation would be inappropriate. He added that the Virginia Department of Transportation intended to construct a roundabout at same location, proving that the area was not pedestrian friendly. In conclusion, he asked that the Amended Application NO.3 to amend the existing proffer be approved. Following the discussion of the matter, Ordinance No. 39221-091911 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-5. NAYS: Council Member Price-1. (Inasmuch as his wife is employed with the law firm representing the petitioner, Council Member Rosen abstained from the vote.) 132 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Gloria Manns, President, Roanoke Alumnae Chapter of Delta Sigma Theta Sorority, Inc., appeared before the Council and extended an invitation to an EMBODI symposium sponsored by the Roanoke Alumnae Chapter at William Fleming High School on October 22,2011 from 8:30 a.m. - 12:30 p.m. (See copy of flyer on file in the City Clerk's Office.) Aaron Stevenson appeared before the Council to voice a complaint against the EventZone in connection with the unfair treatment received during the Memorial Day weekend in May at Festival in the Park. The matter was referred to the City Attorney and City Manager for review and report to Council. In a letter to Mr. Stevenson dated September 21, 2011, the City Attorney responded that upon review of the remarks and the Police Department's Incident Report, the police officers who responded to the incident acted entirely appropriately, adding that the City does not have any ordinances relating to the carrying of firearms. He also mentioned that in July 2011, he along with a representative of City I management met with the Executive Director of EventZone and its legal counsel to review various complex legal issues relating to the First and Second Amendments pertaining to public areas and public assemblies. (See copy of letter from the City Attorney on file in the City Clerk's Office. For additional information regarding the incident which occurred on May 29, 2011, see copy of memorandum dated September 27, 2011 to R. Brian Townsend, Assistant City Manager for Community Development, from Chris Perkins, Chief of Police.) There being no further business, the Mayor declared the meeting in recess at 8:57 p.m., to be reconvened on Monday, September 26, 2011, at 8:30 a.m., in the Community Room, Gainsboro Branch Library, 15 Patton Avenue, N. W., for a Council Retreat. I I I I 133 The September 19, 2011 Recessed Council meeting reconvened on Monday, September 26,2011, at 8:30 a.m., at the Gainsboro Library, 15 Patton Avenue, N. W., Roanoke, Virginia, for an Annual Council Retreat, with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, 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; Sherman M. Stovall, Assistant City Manager for Operations; Amelia Merchant, Director, Office of Management and Budget; Michael Shockley, Budget Administrator, Office of Management and Budget; Jonathan E. Craft, Deputy City Clerk; and Jim Crissinger, Senior Partner, the Public Strategies Group. Mayor Bowers welcomed everyone and stated the purpose for the retreat and thereafter, introduced the facilitator. The City Manager acknowledged everyone in attendance and briefly highlighted the following agenda items for discussion: . Budgeting for Outcomes accomplishments . Council perception and input . Priority affirmation . FY 2013 strategic issues . Citizen engagement . Wrap-up He noted that the following items worked well in the Budgeting for Outcomes process: · Process engaged people better and actively engaged various departments in budget development; · Gave departments different perspectives that shows links of the whole organization; · Showed more transparency and better understanding of the budget process both internal and external; · General public had a better understanding of trade-offs of service delivery; 134 . Collaboration, increased morale, feeling of having a stake in the process; . Would we have ended up differently from the old budgeting method? . People are more engaged in knowing the priorities are broader than the specific departmental budgets; . Breaking down silos in departments; . Process of ranking programs and services beneficial - may depoliticize budget process; . Is the organization structured properly? Effectively and efficiently allocating resources; . How do we evaluate the value of programs and services? i.e. Public Libraries - reducing hours, staffing, etc.; . Culture of the organization has changed partly due to the budget process; . Expertise and knowledge of staff, have more confidence in information; . Where have the efficiencies been gained? Where have they been stonewalled? . Where did we see cooperation? - Want to see more clearly; . Process was less painful than in prior years; . How are we running the government differently? Bring listing of changes in programs and services; . Breaks ranking in various priorities instead of comprehensive listing of all programs and services; I I In addition, he mentioned the following opportunities for improvement in the Budgeting for Outcomes process: . Continue to work on listing of potential improvements from last year; . Address State and Federal Mandates - Help legislators work with general public to better understand needs in community; . What are the requirements of mandates? . How does No Child Left Behind going to affect the budget? . Ranking that shows of programs and services that are core functions of the government and add-ons - criteria of ranking by priority teams; . Continue to question mandates, collect data on mandates to show State government; . Listing of staffing levels during budget development - historical levels; . What did Priority Teams say about BFO process? Areas of improvement; . Working listing of programs and services; status updates regularly; I I I I 135 Based upon Council's discussion concerning setting priorities, the following were considered: . Title changes of Good Government and Education? . Life long learning vs. Education . Livability and Good Government may be combined in other priorities . Review names of priorities . Community vs. Livability . Keep names for at least a few years During the discussion, it was determined that no changes were being recommended in connection with the seven priorities; however, there was extensive dialogue with respect to the following items: Priority Allocations . Evaluate all the special purpose grants and discuss with Council . Review allocation to Economy. . Emphasize Infrastructure . Attach priorities to grants for approval for Council Strateqic Issues: . Include benefits package in local market study; . Historical CPI trends; . Review operating capital listing with Council; . Have GRTC Board meeting with City Council; engage citizens in funding; pressures from the Federal and State level; . Stormwater - raise awareness, scheduling of storm water project. Start planning for FY14 budget development. Need to keep education process moving forward. How do we bring regional partners along? Flooding on the perimeter and quality issues should be a regional focus. Receive help from the Regional Chamber of Commerce. How to deal with annexation issues as it relates to storm water . Need to show tangible aspects as it relates to infrastructure. Curb, gutter, sidewalks show a tangible changes; . Possibility of a two percent raise for City employees; . Initiate regional efforts with surrounding localities. Build relationships with these entities; · Work on community self-image; marketing and branding will help with business development; work on getting the word out on the positives of the City of Roanoke; · Smart Beginnings - Virginia Beach Early Childhood Education and Pre-K Education; 136 . Evaluate support of non-profits organizations, especially during emergency situations; capital vs. operating support; reduction of funding may provide for collaboration between non-profits; develop standards for non-profits before they request funding from the City; evaluate the livability standards delivered from non-profits; . Possible reduction to internal marketing and let the Roanoke Valley Convention and Visitors Bureau or other organizations handle marketing efforts; review alternative options for marketing and branding; . Evaluate staffing levels within City departments; . Consolidate events with non-profits in order to save money; I Citizen Enaaaement . Is service delivery up to Council's standards? Committee could help identify; . Invite all graduates of City's Leadership College to attend general Budget for Outcome sessions; . Limit scope of budget process to reduce time commitment . Citizen committee for each priority; . Set timeline and agenda for events so participants may choose to attend or not; . Start with a 15-member committee, with an expectation that the final count will be about 10; . Reduce time needed for citizen survey respondents; I There being no additional questions and/or comments by the Council, the Mayor declared the recessed meeting adjourned at 1 :31 p.m. APPROVED ATTEST: ~fn, h'jOO>-\J Stephanie M. Moon, MMC L City Clerk I I I I 137 ROANOKE CITY COUNCIL-REGULAR SESSION October 6, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Thursday, October 6, 2011, 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, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, 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. ,," 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 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 Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, BestRitch, Ferris, Price, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 138 COUNCIL: A communication from Mayor Bowers requesting that Council convene in a Closed Meeting to discuss the 2011 Citizen of the Year Award, pursuant to I Section 2.2-3711 (A)(10), 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 above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being Huff Lane School at 4412 Huff Lane, N. W., 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.) I Council Member Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the award of a public contract relating to an economic development project involving the expenditure of public funds and the terms and scope of such contract, 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)(29), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I 139 Council Member Bestpitch moved that Council concur in the request of the City Manager to convene in Closed Meeting as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 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 matters 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 of the City Attorney to convene in Closed Meeting as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea 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: Council Member Bestpitch stated that he appreciated being able to attend the Virginia Municipal League (VML) Conference, which was held on October 2 - 4 in Henrico County, adding that he was encouraged to find that Roanoke was already doing many of the things that make communities successful. He commented on his attendance at a session whereby the rescheduling of Municipal elections from May to November was discussed, and based upon the discussion, every locality that had switched their election date had regrets. He explained that localities expressed concern over the media coverage for local offices because the majority of the coverage concentrated on candidates running for state or federal offices. 140 Mayor Bowers congratulated Susan Lower on her appointment as the President I of the Virginia Assessors Association as well as her efforts in connection with the conference that was being held at the Hotel Roanoke and Conference Center. BRIEFINGS: Real Estate Review 2011: Susan Lower, Director of Real Estate Valuation, briefed the Council on the real estate assessments for prior years and trends that would influence future assessments. She presented the following information in her presentation: Roanoke City Council Real Estate Review October 6, 2011 I I I Agenda · Residential Activity - Volume of Sales - Median Prices - Sales Ratios · Foreclosures · Appeals · New Construction Trends · Addendum - Timeline for Assessment Process - Reassessment History 2 I Virginia Home Sales Volume in the Second Quarter Regional changes in unit sales: 2010.02 vs. 2011-02 1--- From July' 2011 issue of Commonwealth;a joum:a11orre:altolS 3 I 141 142 Residential Sales Volume in Roanoke 2005 to 2011 I Sales Volume j ~ ! tl! - - - - - I I -~ aJOS aJO? aJ09 2011 Tr.msferYear 4 From ProlJal residential database: Jan 1 to J.Jne1 for each year Median Residential Sale Price 2005 to 2011 I l\'Iedhm Consider11tion 140>: E ~ SOK ~ 60>: .n Z; ::::: 40>: 20>: !005 2009 2007 2011 T.'an ~(f'..y foa,' 5 From Prov:al residEntial d:atab:ase: Jan 1 -JU"le 1 fa e:ach year I I Sale Price to Assessed Value Ratio 2005 to 2011 Rntio to Sale By Yen.' u .z ;; 0.6 ~ 004 2005 1006 1007 looS Tnlnr;.(f1I'\"f131- 1009 2010 "011 6 From Prn....:al resi dEnti aI database: J:an 1 - JLne 1 fa ead1 ye3'" I Foreclosu.res .~~ I 143 7 144 .. j " :0>- ~ Volume of Residential Foreclosure Sales I Sales Volume 180 . .008 EI .009 . .010 .ml 160 140 1.0 100 80 60 40 .0 .008 .009 .010 .011 TransferYear From Proval residential database:Jan1-J.Jne1 foreach~ar N A I 12011 Sales and Foreclosuresl 2011 Sales and Foreclosures . Forodos.urK_2011 Ci) SoIo$_2011 9 From flrw;al residentialdatabase:J;an 1.:2011-June 1. 2011 I I Results of Real Estate Valuation Appeals (Residential & CommerciCiI) 450 ,<"1 , kl ;C' j;' F l-- " , v . - ';", - . ~ , . ~ ~ F'il ~' J-' i- . 400 350 300 250 200 150 100 50 o 2005- 2006 2006- 2007 2007- 2008 2008- 2009 2009- 2010 2010- 2011 2011- 2012' I EI Decrease .Increase 0 Affirm I I R esu Its of Board of Equalization Appeals Residential & Commercial 100 90 80 70 60 50 40 30 20 ..,.: dl .; .... i'=; " , ......i C::. ..: ) I I ~" ; :c .1 , V1 1 < 10 o 2005- 2006 2006- 2007 2007- 2008 2008- 2009 2009- 2010 2010- 2011 2011- 2012 10 Decrease .Increase 0 Affirm I Note: Does not include appeals ltlat are withdrawn or that are building permit appeals, I 145 10 11 146 Roanoke City New Construction (Commercial & Residential) I New Construction Trends 1.50% 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 12 In closing: · Trends that still shape the market - Distressed properties tend to keep prices down - Sales volume continues to drop and analytical data is limited - Financing is difficult - especially for condos, upper-end homes, and commercial properties - Lack of jobs hurts demand - Consumer confidence continues to be low · Central Business District (CBD) - revitalization in the CBD continues to be strong (especially the apartment sector) and the occupancy rate is stable at 94% · Valley View Mall - our regional mall continues to be stable · Overall, the Roanoke market is very stable and much less volatile than Northern Virginia and Tidewater areas I 13 I I Timeline of Assessment Process · January: Notices mailed and hearings begin for citizens to appeal · February: Hearings end, mail decisions · March: Board of Equalization (BDE) begins · March: Begin re-assessment process and appraisers field reviewmg property data, sales and building permits · April 5th: Second payment of tax bill due (previous assessment) · June 30th: BOE complete · July 1st: Begin new fiscal year · October 5th: First payment of tax bill due (new January assessed value) · October to December: Appraiser team finalizing re-assessment · December: Post and certify the new assessment values · December to January 1st: Proofing final values I Real Estate Assessments FY2011-2012 · Reassessments decreased existing properties -0.230/0 -FY 2010 - 2011 0.11% · New construction will increase 0.400/0 -FY2010-20111.18% · Total change overall is 0.170/0 -FY 2010 - 2011 1.29% I 147 16 17 148 History of Assessment Increases for Roanoke I 8.70\1, 1999 2000 2011 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 18 (See copy of powerpoint on file in the City Clerk's Office.) Ms. Lower informed that there had been a decrease in assessment appeals and I of the appeals received, about one half had been decreased and the other half had been affirmed. Council Member Bestpitch referred to the slide showing assessment appeals and inquired about the average amount of decrease for successful appeals; whereupon, Steven Staker, Deputy Director of Real Estate Valuation, responded that the average decrease was between four to six percent. Council Member Ferris asked how much a one percent decrease in assessments would mean to the City's revenue; whereupon, Ms. Shawver answered that real estate taxes were roughly $80 million in revenue and one percent would be approximately $800,000.00, adding that residential assessments would definitely be coming down, but not commercial assessments. She continued to say that the City should be prepared for a three to four million dollar decrease in revenue from real estate taxes. Based on Ms. Shawver's response, Council Member Ferris was of the opinion that the City should prepare for a five million dollar decrease in real estate taxes; and inasmuch as the wealth effect was no longer in existence, he thought the City should be prepared to take a five or six percent hit because appeals could go up. I I I I 149 The City Manager explained that staff would know the amount of the decrease in real estate taxes prior to the budget cycle. Ms. Shawver interjected that in connection with the City's assessment cycle, the numbers would be available in January prior to the effective date of July 1. In addition, Ms. Lower believed that the assessment issue had hit Roanoke about two to three years later than other localities and would swing back. Vice-Mayor Trinkle advised that he thought it would be good to know what a two to three percent drop would look like heading into the budget cycle and how the City would compensate for it. Ms. Shawver said the she had been estimating on the three to four million dollar decrease, but when there was enough data, staff would align assessments in order to be fair and accurate to the citizens. As dialogue continued, the City Manager stated that there should be an awareness of how the City and citizens could benefit from what was going on in the market, because there is an opportunity to build a stronger community even though it would have to be done with fewer dollars. Council Member Rosen questioned the collection rate; whereupon, Evelyn Powers, City Treasurer, answered that it was approximately 97 percent. Ms. Shawver interjected that there was a strong collection process in place with a write off close to zero percent. And the City Manager pointed out that assessments would not have to be moved to the target in one year, but could be lowered in baby steps. There being no further discussion, the Mayor stated that the briefing would be received and filed. Planninq/Zoninq Amendments: The City Manager stated the City was limited by State Law in regards to what could be done regarding modular buildings and it was hard to create a perfect zoning ordinance. He said that some concern had grown when a modular building had gone up on Melrose Avenue. He pointed out that the building had met the City's Code but staff had decided to take a look and see what could be done because it was important to the City's neighborhoods. He added that value had declined more in suburban areas and people were coming back to urban areas. He said that the goal was to attract people to the City and keep them there. He then introduced Chris Chittum who gave the following presentatio n: 150 I I I I Comprehensive Plan · Building location and design should be considered important elements of the streetscape and should be used to define the street corridor as a public place. · Buildings and trees should shape the City's image rather than asphalt and signs. ~ ~~)~ ';.:il~~ -~, !:"ltI. ". ~ vision 0 · Good design is not optional. The quality of the physical environment - attractive streets, buildings, parks, and open space - has a direct impact on Roanoke's economy, the sustainability of its neighborhoods... I I 151 152 I Analysis I Root issues: . Building location · Building Entrance location · Transparency location (windows & doors) · Orientation to frontage . Unique condition with three frontages · "Edge" condition - residential to commercial I I I I 153 154 r------- , I ! I I I I I I 155 156 I I I I I I 157 158 I More Predictable Results I · Building located on or near Melrose Avenue frontage, away from Orange Avenue and residential development · Entrance located at sidewalk grade on Melrose Avenue; no need for large ramp . Building form likely not workable (elongated and elevated) · Transparency provided on Melrose and 25tl'l building fronts, t==:-"=-~~:'1: ' t;~~:j-'-; !,:~-~ 1 . J"~'~':d;.J" . Cr": ~,' [ ~/"J .~!frJ/" . .'..' .p' ", '~' ", It I~ c-~ ~ ~~ - " . f. a.~ r r J' J' , ..' , +> -''-'''^V;l 'r:-- . ,.-,. ^ -, : .'" :~.: j jrj'ifi ~ I!_ .I~?' .'~..\f"'{., I 1-1,.~:~-.L_,~ 1 ..-d,J7'~ - -~ ~ ~,;r:~ j"'--'. ..-.. .~. "--'" 'j f~i:/o:~",;; .' .;.~;..~~-... '-. ,.ii::!.-.'- .:>;:. 1\lle1105e Avenue ,.' .-l-;". L..... ) ~ ,. ::::':S- --r~: .... I . _ I 1 1'<1,-,,-1-: c-ol'ot l ....,L ..{....::5 A '{" . -,..~'1-:(.t1~. ....... .....- '" -"~ .:'0r- ~_ .' :-.' J " . , I I I I 159 160 I I I I .. I~ I~'''I ,,,01' li"' "I ".U"'*-"'"'V'~') I I 161 162 I I (See copy of powerpoint on file in the City Clerk's Office.) I I I I 163 Council Member Bestpitch asked if there was anything to prevent the owner from paving the area that was currently grass on the Melrose Avenue property as depicted in the abovementioned slides; whereupon, Mr. Chittum answered no. Council Member Bestpitch further inquired if the owner of the property chose to put in parking would it have to be asphalt; whereupon, Mr. Chittum responded in the affirmative. Thereafter, Council Member Bestpitch commented regarding an earlier statement that buildings and trees should shape the City's image rather than asphalt and signs, noting that it would appear that the City was going in the opposite direction. The City Manager advised that even with storm water challenges, the property owner would still have to meet certain requirements. Council Member Bestpitch pointed out that neighborhood commercial properties that have taken a former residential structure and turned it into a commercial property that has parking in the rear and is accessible only from an alley with no driveway out to the street cannot use gravel; and he understood some of the concerns with gravel, but was of the opinion that it probably drained better than asphalt. Mr. Chittum explained that although gravel migrates, it has to be replaced and there were many other downsides to gravel, and over time gravel becomes much like asphalt in terms of its porosity. Council Member Bestpitch asked if the only option was to asphalt, was it really a better option. Council Member Price was under the impression that there could not be parking in the front of the building. Mr. Chittum explained that there was currently nothing in place to prevent the creation of parking in the front of the building. Whereupon, Council Member Price inquired about the grading that had been done and if its purpose was just to flatten the property. Ian Shaw, Zoning Administrator, commented that parking had not been included in the plan submitted by the property owner. Council Member Bestpitch asked if during discussions it was discovered as to why the building was not erected on Melrose Avenue. The City Manager replied that due to an alley the building would not have fit. Council Member Price asked if it was possible to discuss the final appearance of a project with the developer when the plan is submitted for review. Mr. Chittum advised that recommendations could be made, but are not required to be adhered to by the developer. Discussion was held with regard to a process to prevent certain projects from being approved, such as the modular building located at the corner of Melrose and Orange Avenue. The City Manager advised that the model presented was where successful urban cities were headed. Vice-Mayor Trinkle commented that that village centers should be identified and encouraged, but the whole City could not be a village center overnight. 164 Following extensive discussion of the matter, the Mayor stated that the I presentation would be received and filed. At this point, Council Member Lea arrived at the meeting (11 :14 a.m.) United Way Strateqic Plan: The City Manager introduced Frank Rogan, President and CEO; Abby Verdillo, Vice President; and Wayne Strickland, Community Impact Chair, United Way of the Roanoke Valley, to brief the Council and share information regarding the strategic direction of the United Way of the Roanoke Valley: United Way of Roanoke Valley United Way of Roanoke Valley Strategic Direction I PREPARED FOR: ROANOKE CITY COUNCIL OCTOBER 6, 2011 LIVE UNITED ------~---- ----- -~- -- - -- - - -- - - - - -- - --------------- --- - - - - -- -- -- - ----- I 165 I 87 years of service to the people of the Roanoke Valley... United Way of Roanoke Valley Raising money + investing in quality programs + advocating for issues affecting people + mobilizing volunteers Advancing the Common Good right here at home I liVE UNITeD ~--------------~~--- I The Evolving Role of United Way United Way of RoanDke VaUey The Road to Greater Community ImQact > I Agency Funding Program Funding Issue-focused Funding Support for agencies Program accountability and collaboration Leadership on key issues liVE UNITED I 166 -~ . - United Way of Roanoke Valley I Catalyst: Stimulus to change LIVE UNITED United Way of Roanoke Valley I Strategy: Adaption important to evolutionary success LIVE UNITED I I Drivers causing us to strategically change our model? United Way of Roanoke Valley · Economic challenges causing more people to struggle. · Annual campaign is holding steady however it is inadequate to make up other cuts in funding. · New ideas and innovation is required to improve lives and strengthen our community. · Changes are based on feedback from our stakeholder surveys from 2010. LIVE UNITED I Our Mission United Way of Roanoke Valley United Way's Mission To improve lives by mobilizing the caring power of people in our community. What does that mean? Many organizations improve lives. But United Way is different. Improving lives alone is not enough. We are focused on improving lives and acting as a catalyst for changing the system of care. This requires a community- wide team effort to advance the common good. LIVE UNITED I 167 168 BH . - Unlt@d Way of Roanoke Valley What do we envision for UWRV? Key Insight: · 95% of current UWRV funding goes to support direct service programs. Although programs have been effective at delivering individual-level results, local community indicators have not been . . Improving. I gr:Ar;.m ~~, " " gj];~r;.m~ "', ' !\,.' . "e~, &c:~, I}'~~ ~ p~ram 'Vfci& 't,'t; clients <it!~:;m ~;':;m ~ ~::m ~ ~::m UVE UNITED I What do we envision for UWRV? Impl ication: · Issues don't exist in a vacuum but in a system! Our understanding of systems dictates that a more effective approach involves: - addressing root causes to local conditions - utilizing a variety of change strategies Unlt@dWay of Roanoke Valley Effective network of programs Partnerships Messaging Public policy Community involvement, etc. .llpf Community Issue Our levers for change '''';''"'<\;.'~'"'".//,;.:...,'''::4''' ,;;,,;,:'.~.i;.<>/ LIVE UNITED I 169 I What do we envision for UWRV? Unlt@d Way of Roanoke Valley Initiatives facilitating this evolution: · Increasing organizational capacity by aligning internal structure and processes to pursue impact work , !/ ImiTiti1t!$\~ ...., i .<lIII(..a'L:.j(~J,mmHll .. .5 /t\ LIVE UNITED I Advancing the Common Good through Education, I ncome and Health UnIted Way of Roanoke Valley For United Way of Roanoke Valley's this now means: · Convening and engaging people and institutions; · Promoting and supporting research and data use; · Engaging in public awareness, engagement; · Advocacy for needed changes in policies; and · Conducting strategic grant making We need to invest in carrying out these roles Not only money - time, relationships, expertise, etc. I LIVE UNITED 170 Unite<! Way of Roanoke Valley I '",.,' 'i!""":"'\{~%,i:i:'".u\itn'R"li'~~k#)(~;.,""m;,~.'tf,>'f;>i'<'",*"*,,>)i'iH#'pc:\4iiiXh/:4<<t4'1fk.tc'-',,,:&>>>:;';"/i!:N/:.>,:;;;. (,<:.i4~; '+'''''',iK:'ii-",''/,;{,;.,.jt/ij.,< UYE UNITED Advancing the Common Good by Investing in... United Way of Roanoke Valley I Collaborations and Initiatives Focus 011 communlry change Prevention services Basic human needs and crisis services ,.,- ""'?.;;;f",;,.",,~.:;,.;.t.A,;,,';.'.M'4'/,~>ft.;jj;?;;fi+;W}l<"",.;.0 '/'\:i;;l.J,'<.t~,"h";:",,"i<,,)"1'i:,>;"'1''','.,,",",,i''0:AH;'.&t'.'ii:i"\W;:L:;<:.+,,,n%M:,,<<;+."""~ ,,{\:,:.f;iiV';;:;i\',/;;>'i'.'--'" 'c.",.. .~A."';'; -/c ,',.:/1"" UYE UNITED I I How Do We Focus? Generate Pursue Focus Here As Doable (High Priority) Rethink! Prioritize Stop Resource Intensity Use Low Extent of Community Imp-act High United Way of Roanoke Valley LIVE UNITED -------- -- -- ---- ---------~---~------ I Leading and Supporting Initiatives · 2007 - Smart Beginnings Greater Roanoke · working with other early childhood partners · improving quality and working with parents . . · Increasing awareness · 2008 - FamilyWize prescription discount card .Savings of over $800,000 this year to date .Savings of over $4,000,000 since 2008 · 2010 - Safety Net Partnership · working with basic needs providers · data sharing among partners · supporting one-stop shop for families needing help UnIted Way of Roanoke Valley LIVE UNITED I 171 -I 172 Education Pilot Project at Hurt Park United Way of Roanoke Vallev I The Opportunity: · Increase parents' access to quality childcare · Equip parents to help their children be prepared for and succeed in school · Engage volunteer mentors and tutors for children · Connect families with support services that will help children stay in school · Increase public awareness on the value of education ^.."......."......,....."".."..:.:"':......".:,:,,....:.:.:....c..,...~+..~,.... .".-.. -., .. y,....x..c LIVE UNITED What will it look like for our United Way? .m . ~ United Way 01 Roanoke Valley I The Road to Greater Community Impact Present The Future Program Funding Issue-focused Funding · Support variety of programs · Support variety of programs . Limited success on . Pilot projects to demonstrate community issues impact on community issues . Support collaborations · Lead or support collaborations . United Way aligns effortswith other funders 1.",-.- i k"i-L1'<;>"" '-'\.V;.>"S>i:.j,-",th-:,0:1,c0;;'iJrf>,-hY--.,,>JF"-b>",';n'lk;~;/''''v. LIVE UNITED I I I I Over the last 5 years L The Road to Greater COl11munitylmpact. 173 United WaV of Roanoke Valley 201> 2007 2009 2008 .SBGR Partnership Grant . Streamlined full application . ARRA Grant writer . Project Discovery . Refreshed set of priorities . HMIS usage . Email among shelters submission of applications oFamilyWize 2010 . SUW investment process . Safety Net Partnership formed .Online application . Transition funding .Focus on alignment and threshold score . Promise . HMIS usage . MOM Project N' hb h d elg or 00 s among safety net . Increased funding for basic needs .SBGR Sustaining Grant o UW partners join VSQI .EIH priorities developed and approved UVEUNrTED (See copy of presentation on file in the City Clerk's Office.) Council Member Price was enthused that emphasis had been placed on early childhood education at the Virginia Municipal League Conference, which was held in Henrico County on October 2 - 4, 2011, and commented that there had been story after story about .the importance of reaching down to younger children. She mentioned that an entire session had been dedicated to Smart Beginnings, and because she is a huge proponent of collaboration, a continued effort should be made to promote relationships between agencies that have not been connected in the past. Mr. Rogan agreed and added that the ability of agencies to work together was enormous, and money spent on childhood education pays off seven or seventeen times in life. Council Member Price stated that early childhood education was a form of economic development, adding that there was a far greater return on the dollar with childhood investment. Mr. Rogan said that while the United Way did not own the Smart Beginnings Program, they would be open for suggestions on improvement. 174 Council Member Bestpitch said that if he understood correctly, that 95 percent of I the money contributed to United Way was going into direct services of the program. Mr. Rogan said that 95 percent of the money went into direct services, with the remaining five percent going into collaborative services like Smart Beginnings. Council Member Bestpitch asked if the model would change as the agency moved towards more collaborative efforts; whereupon, Mr. Rogan explained that he could see the model changing over time because there was an effort to have agencies collaborate and make a one stop shop; and the result was better for the clients and more efficient for the community, which would produce better results. Council Member Ferris asked about the government partners that were involved; whereupon, Mr. Rogan indicated that the partnership with the City of Roanoke was currently the strongest partnership, and that while other localities were not as active, there had been an effort to bring them into the on-line application process. He remarked that Roanoke County and Roanoke County Schools had worked with the United Way, but not at the same level as the City of Roanoke. He also mentioned that the State government had created a foundation called the Virginia Early Childhood Foundation that brought money back to the area. In conclusion, Mr. Rogan said that the United Way of the Roanoke Valley was focused on things that really worked based on research and data as opposed to feelings about agencies and those efforts took political will as well as hard work. There being no further discussion, the Mayor advised that the presentation would be received and filed. I At 11:40 a.m., the Mayor declared the meeting in recess for a meeting of the Legislative Committee and a Closed Meeting to be held in the Emergency Operations Conference Room, Room 159; and thereafter reconvene the meeting at 2:00 p.m., in the Council Chamber. 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 Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. I I I I 175 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 Bowers. Mayor Bowers announced that he has a conflict in his schedule due to change in the regular meeting of Council from October 3 to October 6, he will need to relinquish the Chair around 3:00 p.m. PRESENTATION AND ACKNOWLEDGEMENTS: COVENTRY COMMONWEALTH GAMES-SPORTS: Peter Lampman, President, Virginia Amateur Sports, Inc., appeared before the Council to express his appreciation for the City's ongoing support and commitment to the Virginia Amateur Sports and the Virginia Commonwealth Games which will soon be known as the Subway Commonwealth Games of Virginia. In addition, he acknowledged the efforts of the City and the other Valley governments on the success of the organization's 22nd Anniversary. Mr. Lampman briefed the Council on the economic impact that the games had on the Roanoke Valley, and he provided information on the demographics of where the athletes traveled from to participate, and pointed out that over the past 22 years, approximately 190,000 athletes competed in the event, known throughout Virginia as Virginia's Olympics. In closing, Mr. Lampman presented the Council with a plaque in recognition of the City's ongoing support of Virginia Amateur Sports and the Coventry Commonwealth Games of Virginia. (See copy of report on file in the City Clerk's Office.) The Mayor accepted the plaque on behalf of the Council and citizens of the City of Roanoke and stated that the report and remarks would be received and filed. REBUILDING TOGETHER: Ed Murray, Executive, Director, Rebuilding Together Roanoke, appeared before the Council and stated that the organization had completed approximately 300 homes through funding and volunteers. In closing, he presented a plaque to the City in recognition of its support of Rebuilding Together. 176 The Mayor accepted the plaque on behalf of the Council and the citizens of the I City of Roanoke. PROCLAMATION-DIVERSITY AWARENESS: The Mayor declared the month of October 2011 as Diversity Awareness Month, and presented a ceremonial copy of the proclamation to Gwin Ellis, Organization Development and Learning Coordinator. (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 all matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Jamie McDaniel appeared before the Council and spoke about the response time by law enforcement to calls for service, as well as prior comments shared regarding solid waste issues and street paving in Roanoke. She called attention to a particular incident that had occurred in her neighborhood and expressed concern regarding the City's lack of customer service to citizens. Without objection by the Council, the Mayor referred the matter to the City Manager and asked for a response by October 14, 2011. I (See copies of correspondence from the Chief of Police, addressed to the City Manager dated October 12, 2011 and from Faye Gilchrist, Assistant to the City Manager, to Ms. McDaniel dated October 14,2011) Robert Gravely appeared before the Council and alleged that he had been unlawfully terminated from employment with 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 City 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 will be removed from the Consent Agenda and considered separately. The Mayor called attention to two public hearing requests from the City Manager. I I I I 177 OATHS OF OFFICE-WESTERN VIRGINIA WATER AUTHORITY-COURT COMMUNITY CORRECTION PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD-ROANOKE ARTS COMMISSION-ROANOKE CIVIC CENTER Reports of qualification of the following individuals were before the Council: Harvey D. Brookins as a City representative of the Western Virginia Water Authority to fill the unexpired term of Robert Lawson, Jr., ending June 30, 2012; The Honorable Joseph Clarke as a City representative of the Court Community Corrections Program Regional Community Crim~inal Justice Board to replace Judge Joseph Bounds for a term of office ending June 30, 2014; Charlene Graves as a member of the Roanoke Arts Commission for a three-year term of office ending June 30, 2014; and Landon C. Howard as a member of the Roanoke Civic Center Commission for a three-year term of office commencing October 1, 2011 and ending September 30,2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. 178 ITEMS RECOMMENDED FOR ACTION: I HOSPIT AL-LEASES-SPORTS COMPLEX: The City Manager submitted a written communication recommending authorization for waiver of the City's sovereign immunity and execution of an agreement with Carilion Property Management, in connection with the Roanoke Outdoor Circus, a new annual event sponsored by the City to be held October 21 - 23, 2011, at Rivers Edge Sports Complex North (Reserve Avenue). (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39222-100611) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the parking garage located at 6 Riverside Parking Garage owned by Carilion Property Management ("Carilion"), and authorizing execution of an agreement with Carilion in connection with such use of their parking garage. (For full text of resolution, see Resolution Book No. 75, page 141.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39222-100611. The I motion was seconded by Council Member Price. Council Member Bestpitch asked for clarification of the Roanoke Outdoor Circus Event so that citizens could differentiate between it and the Ringling Brothers Circus that was being held at the Civic Center during the same weekend. The City Manager commented that the Outdoor Circus was an event for outdoor enthusiasts such as camping, music, gear, races and demos --- a celebration of everything outdoors and the event will be open to the public. Council Member Price suggested that information be linked from the City's homepage in order to make it accessible to the public. There being no further questions and/or comments by the Council Members, Resolution No. 39222-100611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. NAYS: None-O. I I I I 179 BRIDGES-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of the Virginia Department of Transportation Revenue Sharing Program funds to be provided in equal amounts over the FY12 and FY13 time period; execution of a Standard Project Administration Agreement in connection with the 9th Street Bridge Repair/Replacement Project; and an amendment to the December 22, 2010 agreement with regard to the Old Mountain Road Bridge Replacement Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39223-100611) A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds to the City in the total amount of $2,259,096.00, to be allocated among two projects; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for the 9th Street Bridge Repair/Replacement Project in connection with the $1,000,000.00 of VDOT funds allocated to that Project; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the 9th Street Bridge Repair/Replacement Project; approving and confirming a VDOT Agreement dated December 22, 2010, in connection with the second Project, the Old Mountain Road Bridge Replacement Project, including the appropriation of funds previously received from VDOT and additional funds to be received from VDOT, as referred to in the City Manager's Report dated October 6, 2011, to this Council; and authorizing the City Manager to take such further actions and execute such further documents with regard to such Project as may be necessary to obtain, implement, administer, and use such funds for that Project. (For full text of resolution, see Resolution Book No. 75, page 142.) Council Member Ferris moved the adoption of Resolution No. 39223-100611. The motion was seconded by Council Member Lea. Council Member Bestpitch questioned whether the 9th Street Bridge would include access to the Roanoke River Greenway; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, responded in the affirmative. The Mayor questioned if the Old Mountain Bridge would be closed during construction; whereupon, the City Manager responded in the affirmative, adding that City staff plans to work with the stakeholders to ensure public awareness of the closure. 180 There being no further questions and/or comments by the Council Members, I Resolution No. 39223-100611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. NAYS: None-O. Council Member Ferris offered the following budget ordinance: (#39224-100611) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Revenue Sharing Program to the 9th Street SE Over Roanoke - River Bridge Renovation project and the Old Mountain Road Bridge Renovation project, amending and reordaining certain sections of the 2011-2012 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 144.) Council Member Ferris moved the adoption of Ordinance No. 39224-100611.The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and I Mayor Bowers-6. NAYS: None-O. CITY EMPLOYEES-PAY PLAN: The City Manager submitted a written communication recommending authorization and transfer of funds for a one-time stipend (bonus) to all full-time, permanent part-time and eligible temporary employees during FY2011-2012; and approval of an award of leave time for employees who meet the donation criteria in connection with a United Way contribution. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39225-100611) A ORDINANCE authorizing and approving a one-time bonus to certain City employees in the amount of $1,000.00 each, and an award of annual leave to employees who make donations to the FY 2011-2012 United Way Campaign, and dispensing with the second reading of this ordinance by title. (For full text of resolution, see Ordinance Book No. 75, page 145.) I I I I 181 Vice-Mayor Trinkle moved the adoption of Ordinance No. 39225-100611. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#39226-100611) AN ORDINANCE to appropriate funding to the General Fund for the FY 2011-2012 Employee Stipend and United Way leave award amending and reordaining certain sections of the 2011-2012 General Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 146.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39226- 1 00611.The motion was seconded by Council Member Price. Even though the Council was briefed at its September 19, 2011 meeting regarding the FY2011 unaudited year-end financial results, Council Member Ferris asked the City Manager to restate his comments in a formal setting for the public; whereupon, Mr. Morrill explained that the savings generated in FY2010-2011 made it possible to acknowledge the hard work of the City employees by providing a one-time stipend (bonus), adding that given the City was unable to provide a general wage increase since July 2008 while employees stepped up to the challenge of carrying out their job responsibilities with fewer resources, improved customer service, and continued to find ways to reduce costs, he was recommending funding of a $1,000.00 stipend for those employees who were full time or permanent part-time during FY2010- 2011 or temporary having worked a minimum of 1040 hours during 2010-2011. There being no additional questions or comments from the Council Members, Budget Ordinance No. 39226-100611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. NAYS: None-O. 182 COMMENTS BY CITY MANAGER: I The City Manager reported on the following items: . Quality of Life Dimensions of Stormwater Runoff On October 12 from 8:30 a.m. to 2:00 p.m. a presentation will be held at the Cabell Brand Center, Virginia Western Community College Greenfield Education and Training Center, Oaleville on the Quality of Life Dimensions of Stormwater Runoff. For more information, go to www.cabellbrandcenter.orq. . Fall Water Cleanup The City Manager thanked the employees from Parks and Recreation and Solid Waste Management who assisted hundreds of volunteers on Saturday, October 1 with the Fall Water cleanup. He commented that over 20 tons of debris and approximately 200 tires were removed from the river in a four hour period. . Lead Safe Roanoke The City Manager announced that applications were being accepted for lead paint abatement. For more information, contact Ann Weaver at 853-5841. . Delay in Greenway Construction I A section of the Greenway being constructed by the Army Corps of Engineers has been delayed due to financial problems with a subcontractor. There are two steel bridges required for the connection. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the financial report for the months of July and August 2011. (For full text, see Financial Reports on file in the City Clerk's Office.) The Director of Finance provided a commentary on the City's financial results for the first two months of this fiscal year, noting that the financial statements include both the month of July and the two months ended August 31. She reported that the current year revenue budget for FY12 represented a 2.1 percent increase from the adopted budget of FY11; General Fund revenues through August FY12 declined 25.7 percent or $2.6 million below last year as presented in the financial statement attached to the financial report; and the current expenditure budget for FY12 represented a 2.4 percent increase from the budget as of August FY11. I I I I 183 Ms. Shawver pointed out that the increase to school funding was a result of the new funding policy which now includes funding of debt service and local tax growth; the Public Works budget increased as a result of an agreement with the Civic Center for maintenance services in FY12 and increased activities in streets, traffic engineering and street lighting. The Director of Finance indicated that the local sales tax revenues for July increased by 1.1 percent over July FY11, and the transient occupancy and Food and Beverage taxes performed meals and lodging was up approximately seven percent. She further reported that the Civic Center was basically level in operating performance compared to the prior year. She explained that the current year was the first time parking tickets were included in the Parking Enterprise fund and those tickets were contributing to approximately half of the increase in the fund; and there was a much improved performance from the revitalized Market Garage and Elmwood. Ms. Shawver stated that the Pension Plan had started off with a loss of approximately five and one half percent, adding that there would be a much larger transfer to the School Fund in the current year and a smaller transfer to the Debt Fund because the Schools would be making all of their debt service payments. Ms. Shawver said that she had been seeing growth in State revenue funding and the Gross Domestic Product (GDP) was up, and unemployment was flat at about 6.5 percent, with Virginia being ninth in the nation and Roanoke lagging slightly behind; and long term forecasts were that the Federal Government would continue to keep interest rates very low. Council Member Rosen mentioned that he had recently read that the Governor had directed State departments to cut six percent from their departmental budgets, and asked the Director of Finance to comment. Ms. Shawver stated that the State was most likely concerned about Federal funding and the City was obviously at the bottom of the food chain. Mr. Stovall added that as the Governor releases his budget to the money committees in December, the City should have a better idea of the impact. The City Manager commented that the City should be concerned and the public should be informed about the impact of budget cuts around the State. At 3:01 p.m., Mayor Bowers relinquished the Chair to the Vice-Mayor and left the meeting. Robert Gravely appeared before the Council and inquired about how the City was fairing in real estate tax assessments, stating that there was no growth in assessments due to many vacant houses and no growth in revenue sales. There being no further dialogue by the Council, Vice-Mayor Trinkle advised that the Financial reports would be received and filed. 184 REPORTS OF COMMITTEES: NONE. I UNFINISHED BUSINESS: NONE INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: POSTAL SERVICE: Council Member Lea offered the following resolution requesting that the U.S. Postal Service allow the mail processing center and the Melrose and Church Avenues branch post offices to remain operational in the City of Roanoke: (#39227-100611) A RESOLUTION requesting the U. S. Postal Service not to close the mail processing center and Melrose Avenue and downtown Church Avenue branch post offices in the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 147.) Council Member Lea moved the adoption of Resolution No. 39227-100611. The motion was seconded by Council Member Rosen. Carlton Cooper, President of the American Postal Workers Union Local 482, I appeared before Council and spoke in favor of the Resolution. Following comments by members of the Council, Resolution No. 39227-100611 was adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, Price, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) NATIONAL LEAGUE OF CITIES: Council Member Bestpitch offered the following resolution designating The Honorable Anita J. Price as the Voting Delegate for the Annual Business Meeting of the National League of Cities on Saturday, November 12, 2011, in Phoenix, Arizona: (#39228-100611) A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of resolution, see Resolution Book No. 75, page 148.) I I I I 185 Council Member Bestpitch moved the adoption of Resolution No. 39288-100611. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Lea, Price, and Vice-Mayor Trinkle-6. NAYS: None-O. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Bestpitch commented on the Roanoke River Cleanup, particularly the clean up efforts in Old Southwest. He also expressed appreciation to the neighbors and City crews on their efforts. At 3:21 p.m., the Vice-Mayor declared the Council meeting in recess for continuation of the Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 4:15 p.m., the Council meeting reconvened in the Council Chamber, with Vice- Mayor Trinkle presiding, all Members of Council in attendance, with the exception of Mayor Bowers and Council Member Lea. Council Member Lea left prior to the convening of the Closed meeting. COUNCIL: With respect to the Closed Meeting just concluded Council Member Rosefl 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 Ferris and adopted by the following vote: AYES: Council Members Rosen, Bestpitch, Ferris, Price, and Vice-Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers and Council Member Lea were absent.) 186 OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL I COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE: Vice- Mayor Trinkle called attention to the expiration of the term of office of Jay Foster as the non-elected City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee on June 30, 2011; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Dr. M. Rupert Cutler. There being no further nominations, Dr. Cutler was appointed to replace Jay Foster as a non-elected City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of office ending March 31,2014, by the following vote: FOR DR. CUTLER: Council Members Rosen, Bestpitch, Ferris, Price, and Vice- Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers and Council Member Lea were absent.) OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: Vice-Mayor I Trinkle called attention to a vacancy on the Human Services Advisory Board created by the resignation of James D. Ritchie ending November 30,2012; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Cheryl W. Hartman. There being no further nominations, Ms. Hartman was appointed as a member of the Human Services Advisory Board to fill the unexpired term of James D. Ritchie ending June 30, 2012, by the following vote: FOR MS. HARTMAN: Council Members Rosen, Bestpitch, Ferris, Price, and Vice-Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers and Council Member Lea were absent.) OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: Vice-Mayor Trinkle called attention to the expiration of the four-year term of office of Lutheria Smith as a member of the Human Services Advisory Board ending November 30, 2011; whereupon, he opened the floor for nominations. Council Member Rosen placed in nomination the name of Wilton C. Kennedy. I I I I 187 There being no further nominations, Mr. Kennedy was appointed to replace Lutheria Smith as a member of the Human Services Advisory Board for a term of four years ending November 30, 2015, by the following vote: FOR MR. KENNEDY: Council Members Rosen, Bestpitch, Ferris, Price, and Vice-Mayor Trinkle-5. NAYS: None-D. (Mayor Bowers and Council Member Lea were absent.) OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS: Vice-Mayor Trinkle called attention to the expiration of the three-year term of office of Paula Prince as a member of the Blue Ridge Behavioral Healthcare, Board of Directors ending December 31, 2011; whereupon, he opened the floor for nomination. Council Member Rosen placed in nomination the name of Paula Prince. There being no further nominations, Ms. Prince was reappointed as a member of the Blue Ridge Behavioral Healthcare Board of Directors for a term of office of three years ending December 31, 2014, by the following vote: FOR MS. PRINCE: Council Members Rosen, Bestpitch, Ferris, Price, and Vice- Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers and Council Member Lea were absent.) There being no further business, Vice-Mayor Trinkle declared the Council meeting adjourned at 4: 17 p.m. APPROVED ATTEST: ~dh. "r~ Stephanie M. Moon, MMC City Clerk ~r-AP\7~~u _ _ ~~~ --- David A. Bowers Mayor 188 October 17, 2011 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, October 17, 2011, 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 Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5,2011. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late); Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. 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 Cecelia 1. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Bishop Shadrach Brown, Jr., Pastor, Garden of Prayer No.7 Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-RED RIBBON WEEK: The Mayor declared the week of October 23 - 29, 2011 as Red Ribbon Week; and he, along with Council Member Price, presented a ceremonial copy of the proclamation to Ray Bemis, Operations Manager, and Kathy Graham-Sullivan, Coordinator, Roanoke Area Youth Substance Abuse Coalition (RA YSAC). In addition, Ms. Graham-Sullivan announced that the Prescription Drug Take Back Event would be held on October 29 from 10:00 a.m. - 2:00 p.m., at the Roanoke Civic Center. (See ceremonial copy of proclamation on file in the City Clerk's Office.) I I I I 189 ACTS OF ACKNOWLEDGMENT-DISABILITY EMPLOYMENT AWARENESS MONTH: The Mayor declared the month of October 2011 as Disability Employment Awareness Month, and presented a ceremonial copy of the proclamation to Robert Eggers, Chair, and Don Thorne, Vice-Chair, Mayor's Committee for People with Disabilities. (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. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. COMPLAINTS: Timothy Glover, Jacqueline Haley, Donald Dickerson, Shadrach Brown, Jr., IHelen Davis and Evelyn Bethel appeared before the Council and spoke in opposition of the proposed placement of an urban farm on the former Countryside Golf Course property. (See copy of remarks from Timothy Glover and Jacqueline Haley 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. MINUTES: Minutes of the regular meeting of Council held on Tuesday, September 5, 2011; and Monday, September 19, 2011, were before the body. (See Minutes onjfile in the City Clerk's Office.) Vice-fv1ayor Trinkle moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 190 CITY COUNCIL-PERSONNEL COMMITTEE: A communication from Council I Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the of appointment of a City Attorney, 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 Trinkle moved that Council concur in the request of Council Member Price as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of approximately 9,446 square feet of Official Tax Parcel No. I 6472302, fronting on Mattaponi Drive, N. W., 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the.tollowing vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) I I I I 191 CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property consisting of approximately 5,976 square feet of Official Tax Parcel No. 6472302, fronting on Laurel Ridge Road Drive, N. W., 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to disc~ss the disposition of publicly-owned property consisting of two parcels bearing Official Tax Parcel Nos. 6421001 and 6421113, located at 0 Ben Street and 0 Lewiston Street, N. W., respectively, 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 192 CITY COUNCIL: A communication from the City Manager requesting that I Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, Official Tax Parcel No. 4130501, the former Buena Vista Recreation Center located at 1321 Morningside Street, S. E., 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned I property being the old YMCA, located 425 Church Avenue, S. W., where discussion in an op,en 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers.6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) I I I I 193 CITY ATTORNEY-VIRGINIA WESTERN COMMUNITY COLLEGE BOARD: A communication from William M. Hackworth tendering his resignation as the City Attorney for the City of Roanoke; and as a City representative to the Virginia Western Community College Board, effective December 31,2011, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) OATHS OF OFFICE-TOWING ADVISORY BOARD-PARKS AND RECREATION ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Kenny Garrett as a member of the Towing Advisory Board for a term of office ending October 31,2014; Christopher Pohlad- Thomas as a member of the Parks and Recreation Advisory Board for a term of office ending March 31,2014; and Thomas Pettigrew as a member of the Parks and Recreation Advisory Board for a term of office ending March 31,2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 194 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-WESTERN VIRGINIA WORKFORCE DEVELOPMENT BOARD: The City Manager submitted a written communication recommending acceptance and appropriation of the Western Virginia Workforce Development Board Workforce Investment Act funding for Program Year 2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39229-101711) 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. 75, page 148.) Council Member Price moved the adoption of Resolution No. 39229-101711. The motion was seconded by Vice-Mayor Trinkle. Mayor Bowers asked for clarification with regard to a statement made by the Company, AeroTech, at a recent meeting; whereupon, the City Manager advised that AeroTech is a national recruitment company for businesses in the Region; and unfortunately, it is difficult to attract and retain young professionals with technology knowledge to fill open positions, and added that the City hosts two job fairs per year, with the next job fair scheduled during the upcoming holiday season. I I I I I I 195 There being no additional questions and/or comments by the Council Members, Resolution No. 39229-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) Council Member Price offered the following budget ordinance: (#39230-101711) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Exemplary Performance Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 149.) Council Member Price moved the adoption of Budget Ordinance No. 39230- 101711. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) BUDGET-GRANTS-POLlCE: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Bulletproof Vest Partnership Grant from the U. S. Department of Justice. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39231-101711) A RESOLUTION authorizing acceptance of the FY 2012 Bulletproof Vest Partnership Grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 150.) 196 Vice-Mayor Trinkle moved the adoption of Resolution No. 39231-101711. The I motion was seconded by Council Member Rosen. Council Member Ferris inquired as to the differences in bullet resistant and tactical vests and the inclusion of grant match funding in the budget; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, advised that in most cases grant matches were not included in the budget, however in this instance, general funds appropriated in Police and Sheriff Department budgets qualified for said match. In response to Council Member Ferris' inquiry regarding bullet resistant and tactical vests; Mr. Townsend reported that concealable bullet vests were utilized by the Police Department for patrolmen to be worn under the uniform and were designed to resist bullets from handguns; and tactical vests were generally used by Tactical Response Teams, were heavier, worn outside of the uniform and resistant to greater impact. (See copy of email from Mr. Townsend dated October 18, 2011 on file in the City Clerk's Office.) There being no additional questions and/or comments by the Council Members, Resolution No. 39231-101711 was adopted by the following vote: I AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) Vice-Mayor Trinkle offered the following budget ordinance: (#39232-101711) AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 151.) I I I I 197 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39232-101711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 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.) Vice-Mayor Trinkle offered the following resolution: (#39233-101711) A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award on behalf of the Slue Ridge Continuum of Care, from the U.S. Department of Housing and Urban Development, in the amount of $174,900.00; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. (For full text of resolution, see Resolution Book No. 75, page 152.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39233-101711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) 198 Vice-Mayor Trinkle offered the following budget ordinance: I (#39234-101711) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Rural Highlands Shelter Plus Care Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 153.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39234-101711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) CONSULTANTS-BRIDGES: The City Manager submitted a written communication recommending amendment to the City's contract with Mattern & Craig, Inc., for additional professional services, in connection with the Old Mountain Road over I Tinker Creek Bridge Replacement Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39235-101711) A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Mattern & Craig, Inc., in an amount up to $389,000.00 for additional architectural and engineering (NE) services for the replacement of the Old Mountain Road Bridge over Tinker Creek Project; and authorizing the City Manager to take certain actions in connection with such Project. (For full text of resolution, see Resolution Book No. 75, page 154.) Council Member Ferris moved the adoption of Resolution No. 39235-101711. The motion was seconded by Council Member Rosen. Council Member Bestpitch commended staff for their efforts and further stated that the impact on residents was minimized by the building of the bridge parallel to the previous structure. I I I I 199 There being no additional questions and/or comments by the Council Members, Resolution No. 39235-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) VIRGINIA RAILWAY PASSENGER STATION-ROANOKE RIVER GREENWAY- GAINSBORO HISTORY WALK-VIRGINIA MUSEUM OF TRANSPORTATION: The City Manager submitted a written communication recommending adoption of a resolution in support of Virginia Railway Passenger Station and Roanoke River Greenway renovations; support of new applications for the Gainsboro History Walk and Virginia Museum c;>f Transportation Claytor Pavilion improvements; and authorization to enter into necessary agreements in connection therewith. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39236-101711) A RESOLUTION authorizing the City Manager to execute applications for Virginia Department of Transportation Enhancement Grant Funds for the Roanoke River Greenway, the Virginian Railway Passenger Station, the Gainsboro History Walk, and the Virginia Museum of Transportation Claytor Pavilion, and expressing support for each project. (For full text of resolution, see Resolution Book No. 75, page 155.) Council Member Ferris moved the adoption of Resolution No. 39236-101711. The motion was seconded by Council Member Bestpitch. Jim Cosby, Treasurer, Roanoke Chapter, National Railway Historical Society, appeared before the Council and advised that due to an oversight, legal fees associated with the project were omitted from the request, and therefore would like to request that the resolution be amended to reflect an additional amount of $30,000.00. In response to an inquiry from Vice-Mayor Trinkle with regard to the affect of the oversight on the timeline; Alison Blanton, Committee Member, Roanoke Valley Preservation Foundation, advised that an additional week was built into the timeline to allow the project to remain on schedule. 200 Vice-Mayor Trinkle also inquired about the steps needed to modify the resolution I to include the additional fees; whereupon, the City Attorney replied that the resolution could be amended to reflect the additional fees and thereafter, the Council may vote on the amended resolution. Without objection by the Council, Council Member Ferris moved to amend his motion to revise Resolution No. 39236-101711 in order to reflect the amounts in Paragraph NO.2 to read as $93,466.00, $859,466.00, and $171,893.00, respectively. The amended motion was seconded by Council Member Bestpitch. In response to an inquiry from Council Member Ferris with regard to the grant funding; Sherman Stovall, Assistant City Manager for Operations, indicated that the City was asked to endorse the application, but is not required to submit funding. Liz Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, thanked the Council for their support and requested that the words ~'renovation of the" be removed from the title paragraph of the resolution since the greenway was not under renovation. Mayor Bowers commented that in terms of greenway maintenance there were three levels, with the third being less mowing for a more rural appearance, adding that some portions of the greenway were intended to be natural; whereupon, Ms. Belcher I responded that higher levels of grass protect the quality of the river by decreasing what can enter the water. The City Manager added that a Resource Management Zone Plan was in preparation with regard to greenway maintenance. Without objection by the Council, Council Member Ferris offered a friendly amendment to his amended motion to remove the words "renovation of the" in the title paragraph of Resolution No. 39236-101711. The friendly amended motion was seconded by Council Member Bestpitch. There being no additional questions/comments by the Council Members, Resolution No. 39236-101711, as amended, was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) I I I I 201 STATE HIGHWAYS-BUDGET: The City Manager submitted a written communication recommending authorization to submit application for the Virginia Department of Transportation's Revenue Sharing Program Funds, to be used -in connection with infrastructure improvement projects. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39237-101711) A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Revenue Sharing Program in the amount of $2,830,000.00 for FY 2013 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. (For full text of resolution, see Resolution Book No. 75, page 157.) Council Member Bestpitch moved the adoption of Resolution No. 39237-101711. The motion was seconded by Council Member Rosen. In response to an inquiry from Council Member Rosen regarding matching funds for the Ninth Street Bridge Project and the history of the Pheasant Ridge Road construction; the Assistant City Manager for Operations advised that funds would be supplied from the bond issuance or funds budgeted for bridge maintenance. He added that Pheasant Ridge Road was old and experiencing problems due to a sewer utility cut a few years ago. There being no additional questions/comments by the Council Members, Resolution No. 39237-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) EASEMENTS-NEW HORIZONS HEAL THCARE: The City Manager submitted a written communication recommending execution of a public sidewalk easement between the City and New Horizons Healthcare for property located at the corner of Melrose Avenue and Fentress Street, N. W. (For full text, see communication on file in the City Clerk's Office.) 202 Council Member Price offered the following ordinance: I (#39238-101711) AN ORDINANCE authorizing and providing for the City's acceptance of a certain perpetual easement and a dedication of right-of-way for public street purposes from Kuumba Community Health & Wellness Center, Inc., upon certain terms and provisions, and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 158.) Council Member Price moved the adoption of Ordinance No. 39238-101711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) COMMENTS BY CITY MANAGER: The City Manager offered the following comments: I Elmwood Park Proiect On Wednesday, October 19 and Thursday, October 20, 2011, 5:00 p.m. - 6:00 p.m., an open house will be held in the Main Library Auditorium to view the concepts for the Elmwood Park Project. Citizens are invited to see developing ideas for the park's improvements and provide feedback to the architects, landscape architects, and engineers who are working on the project. The public also is invited to participate in an online survey to give their input on Elmwood Park improvements. To take the survey, visit the City's website at www.roanokeva.qov, and select the "Elmwood Park Open House Workshops" link under "Read About." Green Livinq and EnerQY Expo The City will be a sponsor of the Association of Energy Conservation Professionals (AECP) 12th Annual Green Living. and Energy Expo on Friday, November 4, 10:00 a.m. to 6:00 p.m.; and Saturday, November 5, 10:00 a.m. to 4:00 p.m., at the Roanoke Civic Center's Special Events Center. Admission is free and attendees can learn about energy conservation, energy efficiency, renewable energy, green building, and sustainable living. Activities include exhibits, demonstrations, and seminars. I I I I 203 Outdoor Circus Event First Outdoor Circus to be held on Saturday, October 22 and Sunday, October 23, 2011 in River's Edge Park. REPORTS OF COMMITTEES: LEGISLATIVE PROGRAM: Vice-Mayor David B. Trinkle submitted the Proposed 2012 Legislative Program to the Council for its approval, reporting that the recommended Program would advance the legislative interests of the City and its people at the 2012 Session. (For full text, see copy of the 2012 Legislative Program on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39239-101711) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2012 Session of the General Assembly. (For full text of resolution, see Resolution Book No. 75, page 159.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39239-101711. The motion was seconded by Council Member Ferris. The City Attorney announced that a joint meeting of the Council, area legislators and Roanoke City School Board would take place on Monday, December 5, 2011 to discuss various items listed in the 2012 Legislative Program. There being no further discussion regarding the Legislative Program, Resolution No. 39239-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) SCHOOLS-BUDGET: The Roanoke City School Board submitted a written 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.) 204 Council Member Rosen offered the following budget ordinance: I (#39240-101711) AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 160.) Council Member Rosen moved the adoption of Budget Ordinance No. 39240- 101711. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or Comments by the Mayor and Members of City Council: Council Member Bestpitch praised the appearance and function of the newly constructed intersection at Thirlane and Airport Roads. At 3:47 p.m., the Mayor declared the meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 6:13 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Lea. I I I I 205 COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestptich 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 Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was not present when the vote was recorded.) At 6:14 p.m., the Mayor declared the Council 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, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, 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 Cecelia 1. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Council Member Lea. The Pledge of Allegiance to the Flag of the United States of America was led by St. John's Episcopal Church Boy Scout Troop No. 17, Raleigh Court Methodist Church Cub Scout/Webelos Troop No.8 and Boy Scout Troop No. 210. PRESENTATIONS AND ACKNOWLEDGEMENTS: The Mayor recognized former Council Member Gwen Mason who was in attendance. 206 ARCHITECTURAL REVIEW BOARD-ACTS OF ACKNOWLEDGMENT: Erica I Taylor, City Planner II, recognized and presented winners with Outstanding Preservation/Renovation Projects Awards which were facilitated by the Architectural Review Board. 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, October 17, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of F. W. Webb Properties, LLC, to permanently vacate a portion of a right-of-way along Hillview Avenue, S. E., between the intersection of Moran and Hillview Avenues east to the City limits, adjoining Official Tax Nos. 4391304, 4391306 and 4400615, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 6 and Wednesday, October 12, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation request, with no charge to the applicant for conveyance of the I land, subject to certain conditions. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39241,~101711) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter. (For full text of ordinance, see Ordinance Book No. 75, page 162.) Council Member Lea moved the adoption of Ordinance No. 39241-101711. The motion was seconded by Council Member Bestpitch. The Mayor inquired whether there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. I I I I 207 There being no questions and/or comments by the Council Members, Ordinance No. 39241-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. REGIONAL WATER SUPPLY PLAN: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, October 17, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the question of adoption of a Regional Water Supply Plan, which includes information of existing water sources, resources, uses, and demands, water conservation practices, projected water needs, and drought response and contingency plans, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, October 10, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization for execution and approval to the submission of such plan, 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 Rosen offered the following resolution: (#39242-101711) A RESOLUTION approving the Roanoke Valley Alleghany Regional Commission (RV ARC) Regional Water Supply Plan. (For full text of resolution, see Resolution Book No. 75, page 164.) Council Member Rosen moved the adoption of Resolution No. 39242-101711. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired whether there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Gary Robertson, Executive Director for Water Operations, Western Virginia Water Authority, shared background information about the water plan, adding that in the long term the plan suggested the construction of a treatment plant at Smith Mountain Lake in orderto bring potable water to the City or bring untreated water back to Carvins Cove. 208 There being no questions and/or comments by the Council Members, Resolution I No. 39242-101711 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, 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. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Mark Woods appeared before the Council and spoke with regard to the lack of public restrooms in the downtown Market area while Center in the Square and the City Market Building are under renovation. Elizabeth Raines appeared before the Council and spoke with regard to her unpaid debt and religious beliefs. There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:51 p.m. APPROVED I ATTEST: la . Webb Assistant Deputy City Clerk "~.MA.~ ~ ~ ~-.. David A. Bowers Mayor I I I I 209 ROANOKE CITY COUNCIL-REGULAR SESSION November 7,2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, November 7, 2011, 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. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Council Members William D. Bestpitch (arrived late), Raphael E. Ferris, Sherman P. Lea, Anita J. Price (arrived late/present at 2:00 p.m. session), Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Vice-Mayor David B. Trinkle-1. 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 Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities; boards, commissions and committees appointed by Council, pursuantto- 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 a Closed Meeting as above described. The motion was seconded by Council Members Ferris and Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Price were, not present when the vote was recorded.)(Vice-Mayor Trinkle was absent.) 210 CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned I property consisting of two parcels bearing Official Tax Parcel Nos. 6421001 and 6421113, located at 0 Ben Street and 0 Lewiston Street, N. W., respectively, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen 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 Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Price were not present when the vote was recorded.)(Vice-Mayor Trinkle was absent) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL, AREA LEGISLATORS AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON I MONDAY, DECEMBER 5, 2011, at 9:00 AM., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The Mayor suggested that items for discussion be submitted to the City Clerk by November 30,2011. 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 9:05 a.m., the Mayor declared the meeting in recess for a Closed Meeting. At this point, Council Member Bestpitch arrived at the meeting (9:09 a.m.). At 9:27 a.m., the Informal Session reconvened in the EOC Conference Room, Room 159, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle and Council Member Price. I I I I BRIEFINGS: Brownfield Corridor/Rail Corridor Consultant: 211 R. Brian Townsend, Assistant City Manager for Community Development, commented on the City's relationship with the Environmental Protection Agency and indicated that because of said relationship, the City was able to incorporate their funding with the railroad track project; which would not have occurred otherwise. Beverly T. Fitzpatrick, III, City Planner, spoke about the Brownfield Area-Wide Planning Piloting grant, which the City of Roanoke was one of 23 recipients Nationwide to receive a $175,000.00 stipend, and emphasized that onlv 16 of the recipients were local government entities. He acknowledged that the grant promotes an "area-wide planning approach", which recognizes brownfield area sites as being critical to the successful re-use of the property; and he explained that the program would further help the community-based partnership efforts within under-served or economically disadvantaged communities by addressing local, environmental, and public health challenges related to brownfields, while creating a planning framework to advance economic developments and job creation. Mr. Fitzpatrick also implied that CWS Consulting, a consulting group hired to assist the City, was chosen' because of its reverse, site selection expertise and its business attraction towards economic development and area revitalization abilities. Following his introductory comments, he called upon CWS Consulting President, Christopher Steele for brief remarks. Mr. Steele shared information regarding the overall goals in connection with the proposed project. He remarked that the rail project extends from Loudon Avenue to Patterson Avenue, S. W., and from east of 5th Street to 24th Street west. He pointed out that the intermingling of industrial and residential properties needed to be restructured and due to the expertise of several neighborhood councils and groups in the area, community input was essential; and once all suggestions were presented, the next step would be to determine the best strategy to implement the plan. 212 Roanoke's Brownfield Rail Corridor Revitalization Plan Roanoke's Brownfield Rail Corridor Revitalization Plan Current land Use ....... :-::Ilovo'-r 0-. D-- -- 0-""--0-... CJ'n.:....O'-< c:J.........~""""l;noo_ _ --.. ~..~ao- 1:.'!(JLl.(:..rSo",..Ji"I~FW:: I I I j,' , 'j ;~ l '-.f,r '. - ~. ',; -' f:~ . I Roanoke's Brownfield Rail Corridor Revitalization Plan Neighborhood Areas L...... r:=:Jc-:lJ1Wu. ----- ........... ...~~~~~o..a D~~OtidIOQ ...-- '--'DCrMn'~t:lCila.NTtI~;rtft G:J~fPlaRll~"'!.~ D\I;r;.CIQNUlVlQ06~ClltJOll'l><XlQ~~"TlQI>i o tI(Jl:IMI.$;"'lOtClOlbO:JOlJWJIllDMIf""T.tJ..(:IlI~....tOl -- ..t,_ 1lI2"hL C,:3.;j;;".-JinIQoo;.,,, l.L':::: I Roanoke's Brownfield Rail Corridor Revitalization Plan 62'(JL~'::",'3Q.,..i;nl~'pW:: I 213 214 PROJECT GOALS I · Provide a detailed analysis of economic conditions and market demand for the corridor in order to determine best future uses; · Examine feasibility of and recommend improvements that may be necessary to reuse the brownfield site; · Engage the neighborhoods and other stakeholders in ongoing efforts to reinvigorate the area; · Develop strategies for transitioning land to new uses; and · Develop a specific set of implementation steps and resources for revitalization of the corridor and enhancement of economic development. Workplan III '" III .: 0- C III ... 5 u lIllIiVII.,~'.:c....oJ;nl~FU.O::: TIMELlNE AND TASKS Project ~.ickoff a nd Data Collecti on Baseline Property & Community Characterization Initial Property Assessment & Reverse Site Selection publ ic Involvement Re-Use Alternatives Evaluation Revitalization StratE1?Y Buildings and Facilities . Transportation Utilities, Water/Sewer Review and Adjust Existing Policies Develop NeI'.' Policy Tools to Foster Revitalization Build Comm unity and REgional Netv..orks I dentify Resources an d Respon sible Par1ies Develop Rail Corridor ReuseTask Force I I I I I : Roanoke's Brownfield Rail Corridor Revitalization Plan Schedule/Tasks Project will be completed in 12 months SONDJFMAMJJA ,2011 2m2 123456789101112 Task 1- Com pi Ie a,nd Refine ament Plans ITask 2- Define Future UsesforBrownfields ITaSk3,- plan for Reuse of Infrastructure ITask 4- Policy and Strate gy for Re use ITask 5-lmpl ~11)~ntat!on Ste ps and Re sOurces Task 6- Compile Area-Wide Plan - I' TOlAy IIlI ;;!(IH C,ea:......;n;lu.:,."pu.C 215 SPECIFIC OUTCOMES Plan for Using Roanoke's Assets in 21 st Century Economy · Regional Economic Development and Business Attraction Strategies. · Start Rail Corridor Reuse Task Force to coordinate all efforts and maintain connections among groups. · New Policy Tools to Foster Revitalization. · Infrastructure Upgrade Plans. · Public/Private Partnerships and Other Economic Networks. · Community Involvement Plan. · Specific Plans and Metrics for Assessing Progress and Adapting to Change. CONSIDERATIONS FOR A SUCCESSFUL PLAN Identification of uses/businesses that would bring revitalization to the corridor. · Consideration of appropriate City participation and establishment of public-private partnerships. · Identification of additional issues from community stakeholders. · Participation by stakeholders, community groups, and interested citizens in th.e planning process. (See copy of presentation on file in the City Clerk's Office.) 216 Council Member Lea asked Mr. Steele to expound on some of the benefits of the Plan; whereupon, Mr. Steele explained that the community had indicated its desire to I have new investments in the area, adding that the real benefit for the community would be to have a voice in determining the types of investments for the community, and thenceforth be given the policy and financial tools to make it happen. Council Member Bestpitch called attention to instances whereby a single-family home may be located in the middle of commercial properties as depicted on the abovestated map, and asked how those properties would be utilized. In response, Mr. Steele stated that the goal was to engage the community and allow them to determine land use conflicts. The Mayor questioned what would happen if the targeted area was expanded as a prelude to an investment in the inner-city and why certain areas were not included; whereupon, Mr. Steele implied that in most projects the boundaries were arbitrary and that a lot of the recommendations would deal with transitions. He added that the recommendations would apply to the adjacent properties as well as the whole City. Mr. Fitzpatrick further explained that the Mountain View/Norwich area was already part of a plan that had been developed using EPA grant funds; and the outlined area had been part of the Rail Corridor area delineated in the City-wide Brownfield Plan that was adopted in 2008; and that since the area had already been defined and was along the railroad tracks, it provided the perfect opportunity to combine the two. Mayor Bowers also inquired if other communities were ahead of the City of Roanoke with a similar process, and if such information could be provided to the Council; whereupon, Mr. Steele explained that the process was a market-based approach and City staff had been provided with a sample of work that was similar to the Roanoke project. I Following further discussion of the matter, the Mayor expressed appreciation to everyone for their participation and advised that the briefing would be received and filed. Downtown Housino Study: R. Brian Townsend, Assistant City Manager for Community Development, gave some introductory remarks regarding a study that had been prepared by the Economic Development Authority, in conjunction with Downtown Roanoke, Inc., regarding the downtown housing market. Following his brief remarks, Mr. Townsend introduced Sean Luther, Executive Director, Downtown Roanoke, Inc., who presented the following information regarding the Downtown Roanoke Housing study: I 217 I Survey Results: Demographics · 19.5% response rate · 96% white · Average age: 41 years · 60% male · 34% married 35% 30% 25% , 20% L 15% 10% 5% 0% -.1 Age Distribution I ----121.6%1- __h . h _. ___.________ - -116.2%1---------114.9%1-.--. _n___I__~--1 - -- .__1- r-- ~ J~I-, 20-29 30-39 40-49 50-59 60-69 70-79 Survey Results: Demographics 35% I 31,57. Location Prior to Downtown Roanoke S~. 30"' 25% 20~. 15% 10% 0% ~~ :s <" 4?- .,.~ v" ",0 e,'O ~<' ,!so,!',> ~ ,,'" ."I>e, <t-o aI' ~o 4' >j <<I' ~ ,>' ~ ~ J-"<' o:S ~<' 0'6 ~ aI' 6~~ 4' QO -i' e, ~ ?-<' ,..0 ~ (j-'C' ~<' is' <t-o i,,?$ QO 6~~ '" o:S I 218 Survey Results: Housing I · Average rental rate: $840/month · Average residence for sale in July, 2011 - $213 per sq uare foot " Type of Housing Desired , , I Percent of Respondents (%) I 19.7 28.2 11.3 26.8 ~ ~ Survey Results: Relocation I · 91% moved to downtown after 2005 · Importance of downtown qualities in relocation: Likert Scale Urban lifestyle I 1 1-- - un---j_ Oining Distinctive character of downtown.., ! -------~-- Safety Entertainment , , --- ._>. -- ._- ----~-- -- . , , -i ~ -- Housing Affordability Proximity to work or school Shopping More housing options t 2.5 .. '12;891 3 , .t 4 4.5 Average Importance (1 * Not Important; 5 . Very Important) I I Survey Results: Amenities ~::~~==--=-==--=~---:-~- Taubman Museum of Art ,-- ,_. -... _._~..._-." ... Blue Ridge Parkway Art Galleries & Studios Center in the Square Jefferson Center Kirk Ave, Music Hall (Shadowbox) River's Edge Sports Complex YMCA Wasena Park Winston link . Roanoke River ~.:.~_-:...,._:~'.._ 1,62 ....V! 1.1. ,__ !'_: l.-:.,.;. Highland Park Dog Park , ~. _ ..__... 1.61' ..I_._-L.!.~ .L.l..J..l,_ Smaller Fitness Studios I-! !.J I Virginia Western Community ,..' -.. ..- - .:: !_J ':~I VA Museum of Transportation .,__. _, _ 1.43 1..:.,-1.: i' II :._ L-~! +., I Smith Park . . 1.42 I .:-"""1 : ' I !. I I ' ~ Roanoke College ...-. ...+ .. 1.42 Ll~L-LU.LL I "--~"';l' I....:.. Hollins university, ., 1.41. J._._. ,.__.': J I. .:.:" ' '_ Roanoke Higher Education Center .. 1.38 _~L, U : i-UJJ '..__: ,T!l : Virginia Tech I Carilion School of...1!III!!I! 1.18 ..J .....L:.. ..LJl.l_~_.J~_I~...J tOO LIS 1.50 1.15 l,QO l.lS 2.S() 2.75 l.OO I Survey Results: Amenities - Elmwood Park · Strong demand for a grocery & drug store · Common issue with frequent loitering Issues at the bus station · City charging owners for parking was problematic · More on-street parking needed · Positive feedback with Star Line Trolley Would like more routes Downtown Demand Analysis · Population growth and projections - Projected to be 1,170 by year-end 2011 I 2,000 , ~ c 1,800 " - .g 1,600 ,. <; , , ".... '-... "3 1,400 tP~ go 1,200 ~ 1,000 T :: 800 " 0 "'":7 i: 600 t...,.." ;: 400 0 --" Q 200 0 " 2000 2005 2010 2015 2020 Year Current growth Pre-recession growth 219 220 Downtown Demand Analysis I · Condominium growth and projections - Only 2 developed in 2011 200 lBo .J 11 ,~ 160 ~ " C " ~ 140 " _ J r1 E 120 .,.. :::l ~--- - 'S 100 /' 'E 80 0 60 ./ " ./ c 8 40 ./ 20 , 0 2000 2005 2010 2015 2020 Year Pre-recession growth Current growth Downtown Demand Analysis · Apartment growth and projections - 696 units by year-end 2011 - 2009 - 2011: 353 units developed I 1,400 .I +---.. 1,200 :/l , .. '= 1,000 , _ J :;J , r1 .. Boo = , ... ~ , ... ... 5: 600 ... .. 1/ 10 :\I 400 Q. <( ~ 200 0 2000 2005 2010 2015 2020 Year Pre-recessi on growth Current growth I I Downtown Supply Analysis · Locations: 8 Jefferson Place Fulton Motor Lofts lofts at West Station Candy Factory Lofts Campbell Garage Lofts The Cotton Mill State & City Building I Downtown Supply Analysis · Apartments were all nearly 100% leased · Social ~edia - the new marketing - Targeting a young demographic · All adaptive uses of historic structures · Historic tax credits were essential for most deals Limited historic buildings suitable for rehabilitation Strategy · Target VA Tech's 31,000 students - Greenville, SC and Clemson Univ. case study · Elmwood Park should be enhanced - Highest use frequency & central location · identify strategic parcels for infill development (likely new construction) I 221 222 Strategy I · Product type comparison to Zimmerman Volk study (2000) 0.8% Actual Roanoke Housing l\lix - 2011 . . Apartment . Condominium o Townhouse 2000 Zimmerman Volk Study Strategy I · Possible Location of townhouse development "^., .. · Walkability · Visual separation · Under-utilized parcels · Trolley Line . r ...........;:-\1\.. . /;--- _~: .. r ~1"-~' I. .:.._.~.~....,;.~ ~c..(~ 4- P '~-.~' ..'-'~'" . ~ I-@) ~~<:~~ ~~, IlhfID~kf;; - ,:~:"",~,,~~~ @J -,' ,',- . " . ';, C-::' ......~l _ _ .::u....y_ R03~~!!. ," C~m _ _ ~....." _' si ,'-;Vf..~'C1J~"".'~ :~~s.'~ "',~'" t., '~oi-=... ~:.- ~-- <ffi)O "... t.2- ..-J.n ~@"...,' (\o.,'~lIW. . -c..I1'....'Ui ",;',_ -.\!i,i n..;... l OflMcl ,~f~ iE~)~ @_ , .~~ / :"'1>\.,. 03 '~ _t. :...~ i (!tllf,~ (9',\;1>,..:." . to .L , -,', "~_ mot ~ "5 ..", ~N .; l~~e:-\' f~~:~ i 'f}::" !f7 :t ~ 'C , ~_, ~, ..t'!.....""'~/ _;~"rtl o",....~ l ",,'~'~"... ~_ .-I I : --....'W ~, . I' ,-'.~ --,,"'.... l~~irN >>i. ~ ~~. ,'___ ~r~ ~.~~.h.l ::4~. o~l/n~.\ ,/ ~~-~~ , ' ~ ,-p ~+ /' ' ~~~~,~ v_....1"""'l:I',. I I I I 2)23 General Conclusions · Unmet townhouse demand - Growth depends on return of for-sale market · Unmet apartment demand - Growth depends on new construction viability (limited historic structures) · Elmwood Park should be a major focus · Infill/new-construction opportunities · Parking has not influenced demand Priority Conclusions · Timing: Development Pipeline ends after 2012 · Product: Pent-up demand for townhomes · Financing: HTC's will no longer be the driver of Downtown Development in the next decade (For full text, see copy of presentation on file in the City Clerk's Office.) Council Member Rosen asked about parking for the Patrick Henry Hotel residents, and the number of parking spaces versus occupied units; whereupon, the City Manager explained that the City has an agreement that provides available parking to the residents at any City parking garage. Mr. Townsend added that Carilion also provides parking spaces for nursing students in the garage behind Roanoke Community Hospital; and concluded that the City does not have an accurate way of determining the ratio regarding the number of parking spaces versus occupied units due to the different parking options offered by the City. In response to the question regarding the rate differential between the cost of privately-owned parking spaces and City-owned spaces, Mr. Townsend noted that downtown residents are allowed to park in City.,owned garages for twenty-five percent of the normal posted rate. With regard to the importance of Virginia Tech/Carilion and the downtown areas, Mr. Luther commented that the challenge in connecting the areas revolved around the hard edge barriers that currently exist, such as Route 220 and the Norfolk Southern rail lines, adding that having an anchor like Jefferson College was significant in bridging the two zones. Council Member Bestpitch referred to survey responses requesting more routes for the trolley line and inquired about specifics; whereupon, Mr. Luther explained that the trolley was almost becoming problematic from a planning perspective because it had almost become a crutch for public transportation; and the comments received from the patrons suggested running the trolley at night and on weekends as well as extending the routes onto Campbell Avenue and through Grandin Village. Additionally, it was pointed out that the trolley was an asset in strengthening the connection down South Jefferson Street; however, a long-term funding strategy needed to be identified. Mr. Luther also inferred that there should be a way to travel from the Cotton Mill (Campbell Avenue area) to the downtown by a cheaper and reliable means. 224 Council Member Bestpitch questioned if it would be more beneficial to utilize I existing routes or more of a figure eight route in order to allow for the trolley to be available to more passengers. Mr. Luther pointed out that the trolley was a great downtown circulator, but it appeared that it was time to look at maximizing the routes without increasing the headway. Mr. Townsend commented that it may be necessary to add a route that intersects rather than increasing the length of the route. Sherman M. Stovall, Assistant City Manager for Operations, remarked that recent changes had been made to reduce headway. Council Member Lea asked about the location of the $600,000.00 town homes; whereupon, Mr. Townsend stated that the town homes were located at Warehouse Row on Norfolk Avenue near the Martin Luther King Jr., Pedestrian Bridge. Council Member Ferris asked how much the use of the trolley was dependent on the fact that it was free as opposed to a $.50 fare. Mr. Luther said that he would be remiss if he did not point out that the Carilion Foundation was paying the greatest portion of the operating cost while DRI, Inc. and the City of Roanoke were paying approximately 10 percent each. Mr. Stovall clarified that the portion of the expenses for the operation of the trolley not covered by grant funding was divided equally between Carilion, the City of Roanoke and DRI, Inc. Mr. Luther stated that the initial idea for operating the trolley was to alleviate the need to provide parking spaces for Carilion employees in the downtown area; adding that if the intent is to connect certain areas to I the trolley system, perhaps a fee could be charged for boarding outside of the service district to offset the additional cost, such as a $1.00 fare to connect to the Old Southwest neig hborhood. Council Member Rosen mentioned a discussion relative to the importance of making a connection between the Town of Blacksburg and downtown Roanoke and people outside of the area. Whereas, Mr. Luther pointed out that 1,200 people had been added (a tremendous growth rate), and unfortunately, there was not a lot of housing outside of downtown, which might encourage people to look elsewhere. In response to a statement made by Council Member Rosen as to a need to structure a tax incentive for new construction, since the historic tax credit would not be an option, Mr. Townsend mentioned that under federal guidelines, property could not be used for non-income reduction, and in Virginia, one could not layer the benefits. He added that a condo could only use the state tax credit, that the layering of benefits had been implemented; whether it was state, federal, or local. Council Member Rosen inquired if there was a five year timeframe for selling units that had been developed using historical tax credits; whereupon, Mr. Townsend answered in the affirmative for Federal tax credits. Council Member Rosen also inquired if certain developments would then transition after the five year time period. I Mr. Townsend said that would depend upon the function of the financing market, housing market and how cash flow was for the developer. I I I 225 Following discussion of the presentation, the Mayor advised that the briefing would be received and filed. Consolidated Plan (Amendment 1) R. Brian Townsend, Assistant City Manager for Community Development, introduced Keith Holland to replace Frank Baratta as the Budget Leader. He announced that Mr. Baratta would be retiring in December 2012. The following information was shared with the Council regarding Amendment No.1 to the Consolidated Plan: Purpose of Briefing · To inform City Council about actions being recommended for Council's approval at today's 2:00 p.m. meeting concerning the City's HUD Consolidated Plan (the "CP"): - Acceptance and appropriation of funds allocated by HUD to the City above the amounts accepted and appropriated in June 2011. - Amendments to the CP incorporating the larger allocations and adjusting to other changes since the plan was approved in May 2011. FY 2012 Funding from HUD · Uncertainties led the City to plan for greater cut-backs in new Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and Emergency Shelter Grant (ESG) funds than occurred. · HUD's Final FY 2012 Allocations (+ $536,344 compared to.plan adopted in May 2011): - CDBG: $1,671,286.00 or + $360,983.00 (FY 2011 grant = $2,015,851.00) - HOME: $665,550.00 or + $173,690.00 (FY 2011 grant = $756,708.00) - ESG: $81,671.00 or + $1,671.00 (FY 2011 grant = $81,526.00) Amendments Being Made · Eight amendments proposed are considered "substantial" according to the guidelines adopted by City in its HUD-required "Citizen Participation Plan." · Three amendments involve relatively small funding adjustments that are not considered "substantial" and do not require public review or Council approval. 226 "Substantial Amendments" · Those that add, delete or fundamentally alter activities in the CP, or which change the funding by at least 25% and at least $25,000. - "Fundamentally Alter" - changes the nature; e.g. changing an activity from acquisition for housing development to commercial development. . Require a 30-calendar-day public review and comment period and City Council approval. I The Substantial Amendments . Delete YWCA "Focus Forward" and redistribute $14,000 ESG plus the $1,671 extra ESG allocated. . Add.$27,000 CDBG for Children's Trust "Family Advocates Program". and $25,000 CDBG for TAP "African American Male Studies Program". . Add $50,000 CDBG for Lead-Safe Roanoke match. · Add $207,323 for improvements to Jackson Park. · . Add $45,000 for Big Belly solar-powered trash compactor receptacles, including 10% for public art. . Increase Unprogrammed CHDO Reserve by $26,054. · Add $207,912 Unprogrammed HOME Reserve. I The Other Amendments · Add $2,221 CDBG to City's "Community Based Prevention Services" funding for equipment replacement. . Add $18,376 CDBG to City's "Neighborhood Development. Grants" funding for community center improvements in Melrose- Rugby ($11,376) and Old Southwest ($7,000). · Revise ESG projects for the $14,000 from YWCA and extra $1,671 allocated to the City: - $2,557.00 to Roanoke Valley Interfaith Hosp Network (Total Funds: $26,557.00). - $2,557.00 to TRUST House (Total Funds: $22,557.00). - $10,557.00 to TAP Transitional Living Center (Total Funds: $32,557.00). I I I I 227 Council Actions Recommended · Accept and appropriate the additional $536,344 in CDBG, HOME and ESG funds. - Note: $taff will produce several transfers of existing funds to complete the funding needed for all substantial and other. amendments. · Conditionally approve the substantial amendments. - The public comment period ends at 5:00 p.m. today, after which the amendments take effect, provided there are no compelling objections from the community. · Authorize City Manager to execute any contractual agreements needed, including any exceeding limits in 92-124 of City Code. (See copy of presentation on file in the City Clerk's Office.) Council Member Bestpitch asked how many additional trash compactors could be purchased at $45,000.00 a piece; whereupon, Mr. Baratta responded that the amount would pay for 10. He cited that they would be in the new target area that was approved for inclusion in the HUD policy amendment. In response to Council Member Bestpitch's question about the possibility of the restrooms in Jackson Park remaining opened year round; Mr. Townsend stated that the timeframe for rehabilitating the restrooms had yet to be determined since the main priority was to ensure that the restrooms were handicapped accessible and winterized. 228 Following further discussion of the matter, the Council expressed its appreciation I to Mr. Baratta for his 17 years of service to the City of Roanoke. The Mayor advised that the presentation would be received and filed. Diqital Radio Roy Mentkow, Director, Department of Technology, and Earl Linkous, Administrator, Radio Technology, gave the following presentation on the City of Roanoke's Digital Radio service and upgrades: Our Radio System serves... Current 800 MHz Radio City I i County , , . Older Analog , Technoiogy' I . 13 Frequencies : . New. Digital Technology . 15 Frequencies I 229 I A Historical Perspective [1956-2007) --- ~- 1997 Intergovernmental Agreement . Enter into 1S-year agreement creating a trunked system . 23 frequencies (10 City. 13,Countyl . City of Roanoke remains on analog A Historical Perspective (2008 -2009 ) I . Roanoke County converts to digital radio platform . County adds two additional frequencies (total = 15) -- 2009 Clly prepares for digital conversion . Cjty adds three additional frequencies (total = 13) . Fire and Police departments are awarded over$1M in grants for dual mode radios, A H istorica I Perspective (2009 -2011) . $1.3M grant for Roanoke MSA Region 6 completed in partnership with Lynchburg MSA Region 3 covering 32 localities . City begins transition of seven (7) analog frequencies to digital platform for Public Safety. . Target go-live: May 1, 2012 I 230 I RPANQJW VA~~~Y MPIP ~Y~Tf;M I City Municipal B1da Vinton Ii :@.~ 1W! Both Digital an d Analog Radio Traverse th eM icrowave Infrast", cture The 2012 Intergovernmental Agreement · Developed by: - City's Department of Technology - County's Department of Communications & Information Technology - City Attorney - County Attorney · City & County share oversight I · Equally owned and operated (50/50) · 15-year term with 5-year renewable term · References supporting documents: - Governance - Operations Manual - Security Policy - Inventory The Cost of Roanoke's Digital Radio Conversion · Creating the Roanoke Valley Radio System The City's share of the hardware, software, and services for infrastructure deployed in 2009 by Roanoke County. Project hours were validated by City DoT. Cost $1,617,760.00 · Digital Radio Subscriber Units Police, Fire, EMS, Sheriff's Office, E-911, Emergency Management Coordinator. Total 904 radios replaced or software upgraded. Cost $3,131,129.00. I I I I 231 · City Digital Radio Infrastructure Cost for analog-to-digital conversion including all hardware, software, and services Cost: $2,400,111.00 Total Conversion Costs: $7,149,000.00 CITY OF ROANOKE RADIO ASSETS ',-"." ~ ",' """"'.:'"-,'r',-,~-.''''' ,~,~"_.~"~.,,,,,"". -'~""'"",,,.t"- r-.., Anq~Qg; !i)i~tq~ '. 6 Frequencies . Non-Public,Safety ~. Outside Agencies, . Deep inventory . . Backup for Dillital : . Self-ma in~a ined , . Citycowned I I . .22 Shared Ffequencies i . c:i~ ~~Iic Safety &: I c:ounty(alls~rvi~sl , I.: Seamless Mutual'Aid ; I ... I'. Shared ownership i . PZS Compliant I I j ; I. __._... ,__'''.__..____"._...: (See copy of presentation on file in the City Clerk's Office.) Council Member Rosen questioned whether there would be a substantial loss of analog service by users during a fire. Mr. Mentkow explained that there could be trouble with both analog and digital signals, but digital signals were stronger and more reliable with less interference. Mr. Linkous added that a digital signal would stay clearer across a longer span, but an analog signal would fade out. Council Member Ferris asked if digital technology would ever be less expensive and because it was developing so rapidly, wotJld it be obsolete by 2017 when it would be time to migrate the remaining analog channels to digital. Mr. Mentkow responded that there would not be a need to do a complete migration, adding that a two year cycle was being utilized to make certain all hardware and software remained current. Council Member Rosen inquired if there were interoperability issues among brands; whereupon, Mr. Mentkow explained that the P25 Compliance guidelines insures that all brands are able to communicate. There being no further questions or comments by the Members of Council, the Mayor expressed appreciation to Messrs. Mentkow and Linkous for their presentation, and advised that the presentation would be received and filed. At 11:40 a.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 232 At 2:00 p.m., the Council Meeting convened in the Council Chamber, Room 450, I Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Vice-Mayor David B. 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. The Invocation was delivered by Father Peter A. Day, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS-DIVERSITY AWARENESS: The Mayor declared Friday, I November 11, 2011 as Veterans Day 2011 and recognized those veterans present. He presented a ceremonial copy of the proclamation to Jeff Shawver, City Building Commissioner. (See ceremonial copy of proclamation on file in the City Clerk's Office.) FAMILY SERVICE OF ROANOKE VALLEY: Katherine Elliott, Board Chair, Family Service of Roanoke Valley, appeared before the Council and presented a plaque to the City of Roanoke for its long-term commitment to families in recognition of the 110th Anniversary of Family Service. On behalf of the Council, City staff and citizens of the City of Roanoke, the Mayor expressed appreciation for the recognition. The plaque was presented to the Administration for display in the Municipal Building. (See copy of inscription on file in the City Clerk's Office.) CITY ATTORNEY: The Mayor recognized William M. Hackworth, City Attorney, for being chosen as the recipient of the 2011 Edward J. Finnegan Award, which award is presented to an individual who has made significant contributions to local government I or the Local Government Attorneys of Virginia, Inc., (LGA). I I I 233 The Council expressed sentiments to the City Attorney for being chosen as the recipient of the 2011 Edward J. Finnegan Award. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and all matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. COUNTRYSIDE-ECONOMIC DEVELOPMENT: Bruce Phlegar, General Manager, Roanoke Natural Foods Co-op, appeared before Council and advised that due to the overwhelming opposition to the operation of an urban farm on 12-acres of land at Countryside Estates, he has decided to withdraw his proposal to the City. He hoped that Roanoke Natural Foods could continue to work with City staff and others to make the concept a reality. The Mayor and Members of Council expressed appreciation to Mr. Phlegar and Roanoke Natural Foods on their efforts. Evelyn Bethel appeared in support of the withdrawal request for the operation of an urban farm at Countryside. Jacqueline Haley appeared before the Council and presented petitions with approximately 1404 signatures calling upon the Council to disapprove the proposal by the Roanoke Co-op to purchase land located between Lewiston Street, Ranch Road and Portland Avenue, N. W., in order to place a chicken and bee farm on said property. (See petitions on file in the City Clerk's Office.) Helen E. Davis appeared before Council and reminded those in attendance that the last sentence of the Pledge of Allegiance contains the words".. .and justice for all." Robert Gravely appeared before Council and spoke on the loss of his employment with the City of Roanoke. Brenda Hale, President, Roanoke Branch NAACP, appeared before Council and requested that Council extend the meals tax for 24 months and reduce the rate to 1.5 percent. (See copy of letter on file in the City Clerk's Office.) Daniel Hale, Jr., President, Miller Court Neighborhood Alliance, appeared before Council and spoke in favor extending the meals tax; and he commented on the outcome of the process involved regarding the proposal for the urban farm at Countryside. Ray Williams appeared before Council and expressed appreciation to the Council on the recent action taken with regard to volunteers photographing animals at the Roanoke SPCA Animal Shelter. 234 In connection with the comments shared by Mr. Williams, the Mayor asked the City Manager to comment on the recent changes. I Mr. Morrill advised that a volunteer program was implemented at the Roanoke Animal Shelter and he encouraged those individuals interested in volunteering to contact the shelter. He also advised that the SPCA had identified a location for a spade/neuter clinic and the Shelter plans to start a fund-raising campaign in the near future. Lisa O'Neill, representative of the Roanoke No Kill Coalition, appeared before Council and expressed appreciation to the Council for responding to their request for a volunteer program at the Roanoke Animal Shelter. She shared samples of photos of animals that had been taken by volunteers, along with comments of citizens and statistics showing a decline in the number of animals that had been euthanatized. (See copy of the handout from the Roanoke No' Kill Coalition on file in the City Clerk's Office.) Chaz Bouseman appeared before Council and spoke in support of the volunteer program. (See copies of written comments and proposed RCACP Volunteer t-shirt design.) CONSENT AGENDA I 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 was desired, the item will be removed from the Consent Agenda and considered separately. The Mayor called attention to four public hearing requests from the City Manager. MINUTES: Minutes of the recessed meeting of the Council held on Monday, September 26, 2011; and the regular meetings of the Council held on Thursday, October 6 and Monday, October 17, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Rosen moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. I (Vice-Mayor Trinkle was absent.) I I I 235 CITY PROPERTY-EASEMENTS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of a 3.0 acre portion of City-owned property, otherwise known as the Buena Vista Recreation Center, along with an easement across the property to Scott and Ascension Horchler, 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 City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from the Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, a non-stock, not for profit corporation, for tax exemption of certain real property located at 404 Elm Avenue, S. W., 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 City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) TAXES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from the Grandin Theatre Foundation, Inc., a non-stock, not for profit corporation, for tax exemption of certain real and personal property located at 1310 Grandin Road, S. W., was before the body. (See communication on file in the City Clerk's Office.) 236 Council Member Rosen moved that Council concur in the request of the City I Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of the former YMCA facility located at 425 Church Avenue, S. W., to 425 Church Avenue, LLC, 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 City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor I Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) HUMAN SERVICES-COMMITTEES-OA THS OF OFFICE: A communication from the City Clerk advising that Angela Holland-Hodnett has tendered her resignation as a member of the Human Services Advisory Committee, effective 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 Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. I (Vice-Mayor Trinkle was absent.) I I I 237 ANNUAL REPORTS-FINANCE: The Annual Report of the City of Roanoke Finance Board for the fiscal year ending June 30,2011, was before the Council. (See Report on file in the City Clerk's Office.) Council Member Rosen moved that the Annual Report be received and filed. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) COMMITTEES-BLUE RIDGE BEHAVIORAL HEAL THCARE: A communication from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Larry Cadd as an at-large member of the Board of Directors for a three-year term of office, commencing January 1, 2012 and ending December 31, 2015, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE-PARKS AND RECREATION ADVISORY BOARD-HUMAN SERVICES ADVISORY BOARD- BLUE RIDGE BEHAVIORAL HEAL THCARE AND ARCHITECTURAL REVIEW BOARD: Reports of qualification of the following individuals were before the Council: The Honorable Raphael E. Ferris as a City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of office ending March 31, 2014; and as a City representative of the Steering Committee of the Regional Sustainability Partnership for a term of office ending June 30, 2013; 238 M. Rupert Cutler as a City representative of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of office ending March 31,2014; I Gordie Zeigler as a member of the Parks and Recreation Advisory Board for a term of office ending March 31,2014; Wilton C. Kennedy as a member of the Human Services Advisory Board for a term of office ending November 30, 2015; Paula Prince as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors for a term of office ending December 31, 2014; and John Fulton as a member of the Architectural Review Board for a term of office ending October 1,2015. (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 Price and adopted by the following vote: AYES: Council Members Beslpilch, Ferris, Lea, Price, Rosen, and Mayor I Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: SCHOOLS-HUMAN SERVICES: Kris Meyers, Program Manager, Smart Beginnings, shared information regarding the importance of school readiness/Smart Beginnings Initiative. (See communication/comments on file in the City Clerk's Office.) I 239 I ;e;SMART '-.J BEGINNINGS C.n'olII...Ru.lIIl"'rt ;e;SMART '-.J BEGINNINGS G,....,N~(IolOOJ.(' School Readiness I In Roanoke, 1 out of 6 children are not ready when they enter kindergarten. Children who start out behind, tend to stay behind. I 240 ~SMART \.....J BEGINNINGS Gr('ol/(y/ol.>:tI'Jo!t- I . Our Vision: Every child in Greater Roanoke will enter kindergarten with the skills they need to succeed in school and in life. . Our Mission: To improve the quality of early care & education in the Greater Roanoke region. · Our Goal: 90% of Roanoke's Children will be ready for Kindergarten by the year 2014 Building Systems for Ready Children ~SMART '-.J BEGINNINGS'" Greater Ro.;1noke I RESOURCE DEVELOPMENT I 241 I ;ii;;SMART "-.J BEGINNINGS C.i'l.'Jkf~i' P,AIJ'~NiJi SlJ;p..~(tfBjf~: :~f1~:~A~IO'N~:-~ .~ ... _ __ _.. ..... :'... ...:'_.. '. .'" ..,', ,;. ...,...... ..,' .... ..,.....:'.- .. ",_..." ,L ~.. _ __...l ~SMART "-.J BEGINNINGS f.Jt...r",RI'>Jnol...' I Children with access to high quality early learning experjen~es .Qt:e more lil(eiy toq~ql!;[.e the skiilsthey neeP, to enter kinclergat'ten reacJy tosuc~eed; '".> ..-;l=-........;: t1!)~.,:- .. ;;"AI \!:'..t. ::N~~ ..., ~ _._ _ ";; -:j! - 4. 'gH&1'i!};' ~~) , ~;.;~, ~ {-1' 1';or: ~'@3 ...;:. '~'(J't',.. -, ......- ""-" I ?"" ;1~~Arl\;t.~J3g"~1 I If':! &, ~:: \t,'~Nm . ;~k {I l ,"~, S- ''',' ;', ,,' '</""1" ,_.@'" 2 "--:J;.J":~,.~" noke~' t --~~ ~. . ..~ <~, ',.' '. l '.. ,,'~~:'.~. ~'r:~ ;@~t. ;.:~..' r~' '~~J~ ," (',_",17, ../c~'~r.c,:(./ .. , "'-'<,1 /~<iW r;).:;n .~"" ',; ~_,~.'I(,~'i'->_."._ ., In 2009, 225 children were served in local VSQlprogr~ms. lil201J;;almost 1000chi,l~ren'~reserved;f'1"~cal V$,QI, Pr~grams . I 242 ;a::;SMART \...1 BEGINNINGS (:.....It...k'NII{IJ{, --------;------~ ~~~ I * * ~\lR(~\."'A ; li~~~~~(l\, . VSQI Da.til (Nne 2011) Quality of the'L'earriingEnvironment 67% of Good level fndita1crswrrc 76% 38"" of Good Lellel' improvement :. __~I/~~ * 1ll!,fC(O:!~llGll.~ppon Mt(!IS~II.\'\lppll'.' * ;a::; SMART \...1 BEGINNINGS c"',,I''f'''o..IJl(,h' -' .~~.- . ~ ~-;:.;:-' fj)'::,"'" ~~' ......,~ --. -.:..--- ';~~--- ~-::-~. ':: _u._"-,,,-~- ~,~i: .~~~ '" ~ ~.:---- i ~.- I I I ,e;SMART '-..I BEGINNINGS C((',lIrrRll,llKlI..- [. R:~~OllliRC~: ~~~~ti,OPM.~NfI' J 3t~p . ~.~ SuN'fRusr ... ~~~:::~ GCW:..f!..~~E .,.m:Jrlll\I>>\J;'ll\ll:.... ~ mrR~,!,.~~ ~ ~ .~~ III ~ t' II to U ~_: Cu\1l.losCl.INIC {;t 0"' , ~::;;::..~ <:~.~...~..ot I '.."....,uc ,i~'~c~~{~ ~ 6ARKESliNDBll I ~ I ,e;SMART '-..I BEGINNINGS Grr"fl"'~"'nQl." 243 1~J51 IROANOkE, VIRGINIA WESTERN Ilw(~a,'.CI61r ~Q%l. !!, Blue 0 Ridge", WIJillEil..m ~m ~[ii! ""...~ .~.,. (.~~~:~~~ !fi~~l 1&.. -16.. link .,. ._7.!___ Investing in the Future t''''..,'''''''''''''~'.,,,,r,;;~,, \ I ().j. ~.5 &J<rl Po<.lt..-n;ct For details visit ltVWW.heckmanequation.com I Investing now in early childhood development yields tremendous results, and is a key component when planning for a future of sustainable economic growth. 244 ~SMART \....1 BEGINNINGS C;fl'.W....N(>;Ulolf' A final thought... I /~?:.Dj1t1t~f~?\' 'II - ....,.." -.,.- - -,' .,., .<-~ ~.:Y. )~ ";;;,~."'--;; .~ ,', ~"., '... \~.,~~~ ~'->'"""=-~"'""';:\.;..t"-"~"U"''"''''.(:",,",r,,,,'",,,';c~_.,;",.-.:,,; ~ . .. ._....., 85% of a child's core brain structure forms before the age of 5; yet we invest only 4% in early education. (See copy of 2011 Progress Report and additional information on file in the City Clerk's Office.) At the conclusion of the presentation; Council Member Price expressed appreciation to Ms.' Meyers for sharing information regarding school readiness and the Smart Beginning Initiative.' The Mayor advised that the remarks would be received and filed. I YOUTH-LIBRARIES: Sheila Umberger, Director of Libraries, Charlsie Parker, Librarian II, and Amber Yopp, Youth Service Coordinator, shared information regarding Early Childhood Education: I 245 I :-_;~ :,." ":<.~-~:,-~<' " . -. .... - , -' - :.... .... ~.. 'j i~:,Qt~IJi!n~tl!~~l~j~,~ .k~~,I'~r~-~ ,()(f,'(ij~r!~~ '\'d'evelcf"'ment'in'feilf,!" ,~GI1i1al1'oO'dH'l.; '.s:: . ,-,. :P:-~.'- "::o;-."-~ v,,,,'-~~:' . " _:.'. ....._ ,(~~~~@~fhi!.e:!jj{l1si~nl,@r~9j1~'n~~l'sglo/;i~li~m~~i;": ~ v'Ji~_. ,...IHL:...'0:i:r~'~-"tl:;.{j'4' '~'t'~t" .P,.- "'!l....". , I 'po,em~~:~f!!I~:I!.qQ~S.iW,I. ''If,r~p'.~J.,..v_e';.w.9J:~Sh;'' , '.,. , ..~ijC1Lllfira.~~e'~j.ttiey,:'():eginjitQ.'plakwit~r';."" :I~llg~u~g~~'~~. . <-. 'C. . ' "',;. J l. .... ,/ C ,.'-" ',', .- .. '._~ ,.' :', .. ',.' .. ' '"~hJI~f~(~i'!~~~.~y,t~jl.~lf~~t~"ri~i~"i9~'t't~'.:.. I ':s~9Jln:~ts.:JI1}.;~p,:Ql5.el1)t~ngJ~~9.~:'lfjr.qllg_fir .... 'lih' me's'(jI1-anfs"'~nonsen-se; ,wor.ds~:arfdi' ;R9ltlfY~J;- \>.....-' ~.~..,-,. - -,. ._~:-:.-: J.',; ; ,. T -, ,,_, ., .~_ .' ..' ,1;. ~'~ ':" .~. . '~. ,;..-,~;;;{...'.,., !St~a~\er. ~js, 'usln~~P.lgllrei~~ _to'~I>P~rt ~cl!!mi; ". .'; ,.':\:~.?\..) . ,g~lIdt~Il:~,mtera~F~1j1l~~~.D',.??1~~~O~?:.; ~l8,3f .) 'N.", ._. ._,...'....,. ,.. ...."'_H ~ .~..t ,.~. 1:}"i "";'.' '-~." '"-"t .., ~ 7 I ;: ,iB~i1e'fl!~; 6i'~~p_~t,tiY!2'pl1.f:a_s.~t,~ndl ~haoJ~; . " ; ':~.:~~ili~.'al~J):Cm,e'!-t!'lr:artdr.itri1~emii;~ri~g~gi'fthiYf ' I I'(~~r;'an~~~e:" , .... . ,,'''€arm!t~~~.ID'~hil(j~~,Nmagina'fi6riJ . ~:..r- '; -.'---..:' -~__.....-:--"'--- ~' .: . ~Q~~~J9~j,~l..diJJCjlsj~_~y,m!l'1g! ,', . '. -,. 1,"~~~~~~)~l'cl1il~j~r~e!,~~"C>f::~t~~,~("':'.~~t~J8i, ~!tgue..nC!~, ' "",~~!~~.~~Jm~)~~.i1if:~'I?r:~1t~..(;lIt:tj~,'~~llts;,. ' " ,!6!ire~.~e~;(~I.CI1JI~:~i ~ucm~r.y, 'ii1.~m~r,y/~.nJ!1 ~~~ie~s,J~~'I~ng~,~gJ.! '.. . /~ j . ~liiifi.!s. ~,ne~ t:~'Evic,lence'~ed'~~;~lill~:frl!!ndlY: -s.har~~k, :fe~~dltl9,wit.h'PiMis:s.ijsi~.i.t"y.O.!lhg@I!!Ir~ri~s~larlg!'!lgela.ni1!IIi~~., '. . ...d~y.iloPmenr:~dl~~i7Dr~m,e:m~?:_:~~!'.e"?O!;~I::'V~!'~~\ ') - . '" :.r~'- '_""~ :. 'EL:b'StuaeritSj. : ) -~--"""""~"'~~~~~':'.. ,~,',,',~'-..,. ,~. '. .: .c!BJiQI(~!~lth;~if(f!i:ns-~.~I1.:'~ as~I.I:?YI.~t:(i~~rt~ ..'!v.l1o,fj_av!!;te'C!eijjIYl6.~g~i1jiQI~~k.j.!i~t~ "., (language'JV -'",. ' - . . 0 .:.-;' . -,~:~..._..,... ~reJ)l~;~har;(~$) . " . ...._ J. _. '_ _ . .,'" ".-, ~'~~~ll~ly.~r~~~n'St9ri,p.hf~$~s..~n\'litifcl~i IY,t. . d~ltl~e~lf.Qr;~Q9kj,t.hjlr,ijQ.,i(o.t'~!?f'I~l!'1i~~tlj!~ .p"~~~" , '. I ,;: :~~ii~tjtj~e~~~i9n~ ; '~~~_~&~(.~t~~~~~~!:t ~_",,~ . 246 I ~ '::T~:e' 'B'a'byo:Q~~8:~'~-'BrrJ~i . .' ' "."" - '.'. '.' ..."..,. .,...,...... I :". . ; . L' 01 , ~ ~ /,......,. ; .: 1;::-'.... ~'/.~ .. " r"-J. . . ,~/;; . ': . 1 -c;.~t#;;' . '.- ,.~ ...~~. .-'~ ,( ,;.0-': " ,P:: I 247 I I I 248 I Charlsi" Park"r. Early Literacy Librarian c:l1arl ~.ic,pa r.k.e~r.oi!lno"ev,a.go~ Amb"r Yopp, Youth Servicos Coordinator ~nUP~~~oPP.~toanokey~goY (See copy of presentation on file in the City Clerk's Office.) The Mayor called attention to a pamphlet that had been distributed to each Member of Council entitled '''Repeat After Me' - top 50 Children's Picture Books with Repetitive Phrases". He inquired whether or not the information was accessible at the Roanoke Public Library; whereupon, Ms. Yopp answered in the affirmative, adding that there was also a link available on the library's website. Council Member Ferris advised that the Roanoke Bar Association had a reading program in which he participates; and concluded that he had often wondered why there were repeating phrases in the children's books. He indicated that one could clearly identify the children that had been given a head start prior to coming into the classroom and reading to children was a very gratifying experience. I Following comments by the Council, Mayor Bowers expressed appreciation to Ms. Umberger, Ms. Parker and Ms. Yopp on the presentation, and noted that the remarks would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: I I I I 249 LEAF COLLECTION: Skip Decker, Solid Waste Manager, gave the following update on Leaf Collection: .. Current Bagged Leaf Program Solid Waste Management Bulk Collection Crews Utilize Existing Staff- Alternating Leaf & Bulk Collection Number of Bags Per Collection Biodegradable Paper Bags - No Limit --..:;~ ;~st-'Y1 . 4, '" I, ;:1' .\ --=;"'-~ f ,., l I . .il J"; ,.' ~~~~r :~:;;~~~~:~~~ .. Leaf Collection Schedule .. Bagged Leaves and Regular Bulk Items Collected On Alternating Weeks . Beginning Monday, November 14th Ending Friday, December 16th Week Of: Collect: November 14tt] Bagged Leaves I No Brush "November 21 rd Bulk I No Bagged Leaves November 28th Bagged Leaves I No Brush December 5th Bulk I No Bagged Leaves December 12th Bagged Leaves I No Bulk Bagged leaves shall be place~ to the street in lieu of brush items for collection on regular trash day "Thanllsgiving Co/1Qction Week 250 . COMMUNICATION MEDIA RESOURCES I I "Lamar" Digital Billboards I I Special "853-2000" Recording I I Social Media I I Radio Segments I Local Television Segments .. I City-wide Mailing I I Newspapers I N~ilghborhood Organizations I , I RVTV I New Revenue Source Rockydale Quarries Corporation to purchase bagged leaves $12 Per Ton . I I I I I 251 ALTERNATIVE LEAF DISPOSAL METHODS , ~, . .... .;:,; " , --~. ~ I Composting I Mulch Mowing Homeowner Disposal - "RVRA" . Private Sector (See copy of presentation on file in the City Clerk's Office.) Mr. Decker stated that leaf collection would begin the week of November 14 and would run through December 16. In addition, during the bagged leaf program no brush would be picked up, but up to six plastic bags of leaves could be placed with bulk items. Following comments from several Members of Council, the Mayor stated that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-ROANOKE ARTS COMMISSION-ROANOKE SYMPHONY ORCHESTRA: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Commonwealth of Virginia Commission for the Arts Local Government Challenge Grant to be allocated to the Roanoke Symphony Orchestra and Opera Roanoke based on recommendations developed by the Roanoke Arts Commission. (For full text, see communication on file in the City Clerk's Office.) 252 Council Member Lea offered the following resolution: I (#39243-110711) A RESOLUTION accepting a Local Government Challenge Grant to the City from the 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. 75, page 166.) Council Member Lea moved the adoption of Resolution No. 39243-110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#39244-110711) AN ORDI NANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 166.) Council Member Lea moved the adoption of Budget Ordinance No. 39244- 110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) BUDGET-GRANTS-SCHOOLS: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the United States Department of Justice, Office of Community Policing Services for the 2011 Secure Our Schools Grant to support the purchase and installation of security related equipment upgrades at schools. (For full text, see communication on file in the City Clerk's Office.) I I I I 253 Council Member Lea offered the following resolution: (#39245-110711) A RESOLUTION authorizing acceptance of the 2011 Secure Our Schools Grant made to the City of Roanoke by the United States Department of Justice, Office of Community Policing Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 167.) Council Member Lea moved the adoption of Resolution No. 39245-110711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#39246-110711) AN ORDINANCE to appropriate funding from the United States Department of Justice, Office of Community Oriented Policing Services, for the Secure Our Schools Grant, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordin~nce, see Ordinance Book No. 75, page 168.) Council Member Lea moved the adoption of Budget Ordinance No. 39246- 110711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) GRANTS-BUDGET-HOUSING: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the U. S. Department of Housing and Urban Development for the Fiscal Year 2011 Lead-based Paint Hazard Control Grant to provide for the removal and abatement of lead paint in the older housing stock of the City. (For full text, see communication on file in the City Clerk's Office.) 254 Council Member Lea offered the following resolution: I (#39247-110711) A RESOLUTION accepting a grant from the Department of Housing and Urban Development (HUD) and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 169.) Council Member Lea moved the adoption of Resolution No. 39247-110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#39248-110711) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2011-2012 Capital Projects and Grant I Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 170.) Council Member Lea moved the adoption of Budget Ordinance No. 39248- 110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) STREET NAMES: The City Manager submitted a written communication recommending approval of a request by Trane to rename the existing street segment of Tuckawana Circle, N. W., to Trane Drive. (For full text, see communication on file in the City Clerk's Office.) I I I I 255 Council Member Lea offered the following resolution: (#39249-110711) A RESOLUTION renaming a segment of Tuckawana Circle located to the south of Highland Farm Road, N. W., to Trane Drive. (For full text of resolution, see Resolution Book No. 75, page 171.) Council Member Lea moved the adoption of Resolution No. 39249-110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) CITY EMPLOYEES-PAY PLAN: The City Manager submitted a written communication recommending approval of a special policy to pay any City employee who is a military reservist/National Guard who is called to and serves in active duty between October 1,2011 and September 30,2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39250-110711) A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. (For full text of resolution, see Resolution Book No. 75, page 172.) Council Member Ferris moved the adoption of Resolution No. 39250-110711. The motion was seconded by Council Members Lea, Price, Bestpitch, and Rosen. Council Member Bestpitch questioned if approval of the resolution was for payment based on the difference between what the employee's earnings as a City employee and the payment as a military reservist/National Guard and whether or not the employee would earn less due to military deployment and not their entire salary; whereupon, the City Manager commented that it was the City's intent to keep the employee whole. Council Member Ferris inquired if the supplement would affect the employee's retirement; whereupon, Ms. Shawver was not certain, but would forward the information to the Council. 256 There being no additional questions and/or comments by the Council Members, I Resolution No. 39250-110711 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) GRANTS-BUDGET-HOUSING: The City Manager submitted a written communication recommending Conditional approval and execution of Amendment No.1 to the City's 2010-2015 Consolidated Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39251-110711) A RESOLUTION authorizing the City Manager to amend the 2010-2015 Consolidated Plan regarding Community Development Block Grant (CDBG) funding, HOME Investment Partnership (HOME) funding, and Emergency Shelter Grant (ESG) funding, and to submit and execute necessary documents to the U.S. Department of Housing and Urban Development (HUD). (For full text of resolution, see Resolution Book No. 75, page 173.) I Council Member Lea moved the adoption of Resolution No. 39251-110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#39252-110711) AN ORDINANCE to appropriate additional funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program and Emergency Shelter Grant Program (ESG), amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 174.) I I I I 257 Council Member Lea moved the adoption of Budget Ordinance No. 39252- 110711. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) BUDGET-BUSES-TRANSPORTATION: The City Manager submitted a written communication recommending acceptance of a Virginia Department of Rail and Public Transportation Grant in connection with the Smart Way Connector Bus service. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39253-110711) A RESOLUTION accepting a Commonwealth of Virginia Department of Rail and Public Transportation (VDRPT) Grant for operation of the Smart Way Connector Bus; authorizing the City Manager to execute a grant agreement between the City and VDRPT for such grant funds; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds in order to assist and/or allow the Greater Roanoke Transit Company (GRTC) to operate the Smart Way Connector Bus service. (For full text of resolution, see Resolution Book No. 75, page 175.) Council Member Rosen moved the adoption of Resolution No. 39253-110711. The motion was seconded by Council Members Bestpitch, Lea, and Ferris. Council Member Bestpitch mentioned that he and his wife had an opportunity to go on the excursion train from Roanoke to Bluefield and back the day prior, adding that there had been another trip the day before and both trains were filled. He implied that there were people from Pittsburgh, Denver, Colorado, and California, which was evident that citizens wanted passenger rail service as an option, and he especially would like to see a continued effort to provide rail service on a regular basis and not just one weekend per year. 258 There being no additional questions and/or comments by the Council Members, I Resolution No. 39253-110711 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#39254-110711) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Rail and Public Transportation for the Smart Way Connector Bus, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 176.) Council Member Rosen moved the adoption of Budget Ordinance No. 39254- 110711. The motion was seconded by Council Members Bestpitch, Lea and Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor I Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) COMMENTS BY THE CITY MANAGER: The City Manager commented on the following items: . The Roanoke City Star would be changed to red, white and blue on Friday, November 11 in honor of Veteran's Day. . The Department of Technology had received 8th place by the Center for Digital Government for cities with a population of 75,000.00 - 124,999.00. . Michael Clark, Parks and Recreation, had received the YP Network Young Professional's Award from the National Recreation and Park Association. I I I I 259 DIRECTOR OF FINANCE: BUDGET-SCHOOLS-CAPITAL PROJECTS-BONDS: The Director of Finance submitted a written report recommending the transfer of Qualified School Construction Bond (QSCB) funds in connection with various school capital projects. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39255-110711) AN ORDINANCE to transfer funding between Preston Park, Morningside, t Westside and Monterey Building Improvement School Capital projects, amending and reordaining certain sections of the 2011-2012 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. 75, page 177.) Council Member Rosen moved the adoption of Budget Ordinance No. 39255- 110711. The motion was seconded by Council Member Price and adopted by the following vote: , AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Price advised that she would be representing the City at the National League of Cities (NLC) Conference in Phoenix, Arizona, on November 8 -11, 2011. 2'60 :, The MaY9r advised that the annual planning sessions held during the month of I March. would n~otbe necessary because the budgetary items for discussion would be incorporated with the 9:00 a.m. informal briefing sessions of Council during the months of January, February, March and April 2012. At 4:39 p.m., the Mayor declared the Council meeting in recess :for continuation of a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor , Municipal Building. At 5:13 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor 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 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 Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-O. I (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor called attention to the expiration of the four-year term of office of Laurence Levy as a City representative on the Roanoke Valley Resource Authority ending December 31,2011; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of James Harkness. There being no further nominations, Mr. Harkness was appointed to replace Laurence Levy as a City representative of the Roanoke Valley Resource Authority Board for a four-year term of office commencing January 1, 2012 and ending December 31,2015, by the following vote: FOR MR. HARKNESS: Council M!3,mbers Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. ~;=.: < ~~ ;-""',',. (Vice-Mayor Trinkle was absent.) ;' .1,;;'.' ': " I I I I L. 261 OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: The Mayor called attention to a vacancy on the Human Services Advisory Board created by the resignation of Angela Holland-Hodnett for a term of office ending November 30, 2013; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Hollie Craighead Young. There being no further nominations, Ms. Young was appointed as a member of the Human Services Advisory Board to fill the unexpired term of office of Angela Holland-Hodnett endinQ November 30,2013, by the following vote: FOR MS. YOUNG: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE: The Mayor called attention to an upcoming vacancy created by the resignation of William M. Hackworth as a City representative of the Virginia Western Community College Board for a term of office ending June 30, 2015; whereupon, he opened the floor for nominations. Q Council Member Price placed in nomination the name of J. Granger Macfarlane. There being no further nominations, Mr. Macfarlane was appointed to fill the unexpired term of William M. Hackworth as a City representative of the Virginia Western Community College Board, commencing January 1, 2012 and ending June 30, 2015, by the following vote: FOR MR. MACFARLANE: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) There being no further business, the Mayor declared the Council meeting adjourned at 5:17 p.m. APPROVED ATTEST: ~h1, 1Y)OU7J Stephanie M. Moon, MMt City Clerk David A. Bowers Mayor 262 November 21,2011 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, November 21, 2011, 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. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch 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 Reverend Kenneth P. Lane, Pastor, Trinity Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS: Inasmuch as one of the daughters of the late Seth Williamson was not present, Mayor Bowers stated that the presentation memorializing Mr. Williamson would be deferred pending her arrival. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely appeared before the Council and spoke about the need for growth in the City of Roanoke. I I I I 263 CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by -the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to three requests for a Closed Meeting; one being by Council Member Price and two by the City Manager. CITY COUNCIL-PERSONNEL COMMITTEE: A communication from Council Member Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of a City Attorney, 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 Trinkle moved that Council concur in the request of Council Member Price as above described. The motion was seconded by Council Members Rosen and Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL-CITY MANAGER: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being Huff Lane School located at 4412 Huff Lane, N. W., 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Members Rosen and Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. 264 CITY COUNCIL-CITY MANAGER: A communication from the City Manager I requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being portions of the Market Garage located at 25 Church Avenue, S. E., where discussion in an open meeting would adversely affect the bargaining positio~ 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 Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Members Rosen and Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. ELECTORAL BOARD-ELECTIONS: A communication from F. Gordon Hancock, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, November 8, 2011, was before the body. (See communication on file in the City Clerk's Office.) I Vice-Mayor Trinkle moved that the request be received and filed. The motion was seconded by Council Members Rosen and Lea adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: Report of qualification of Linda D. Frith as a Director of the Economic Development Authority for a term of office ending October 20, 2015 was before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) I I I I 265 Vice-Mayor Trinkle moved that the reports of qualification be received and filed. The motion was seconded by Council Members Rosen and Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA: PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Having previously deferred the matter of memorializing the late Seth Williamson, and without objection by the Council, Mayor Bowers stated that the matter would be taken from the table. Vice-Mayor Trinkle offered the following resolution expressing City Council's deepest regret and sorrow at the passing of Seth Williamson, a longtime announcer at WVTF Public Radio: (#39256-112111) A RESOLUTION memorializing the late Joseph Seth Williamson II, longtime announcer at WVTF Public Radio in Roanoke. (For full text of resolution, see Resolution Book No. 75, page 178.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39256-112111. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. Mayor Bowers presented ceremonial copies of Resolution No. 39256-112111 to Mr. Williamson's daughters Deidre W. Jain and Emily Ruth Williamson, and Susan Sanders, Mr. Williamson's girlfriend, and Glenn Gleixner, General Manager, WVTF, and Lisa Gleixner, Mr. Gleixner's wife. PUBLIC HEARINGS: NONE. 266 PETITIONS AND COMMUNICATIONS: I URANIUM MINING: Council Member Court G. Rosen submitted a communication requesting that the Council adopt a resolution in opposition of lifting the moratorium on uranium mining in Virginia. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39257-112111) A RESOLUTION supporting the ban on uranium mining in Virginia. (For full text of resolution, see Resolution Book No. 75, page 180.) Council Member Rosen moved the adoption of Resolution No. 39257-112111. The motion was seconded by Vice-Mayor Trinkle. Council Member Rosen expressed appreciation to Dr. M. Rupert Cutler for bringing the issue to his attention, adding that matter has also been an issue with the Virginia Municipal League of which the City of Roanoke and other jurisdictions in the Roanoke Valley are members. He continued that until uranium mining could be proven 100 percent fail safe, he would encourage the Virginia Municipal League and area legislators to support the moratorium. I Dr. M. Rupert Cutler appeared before the Council and read a prepared statement and distributed supporting documentation by the Southern Environmental Law Center in Charlottesville and the Piedmont Environmental Council of Virginia. He also distributed information on the impacts of the proposed uranium mining, milling, and waste tailings dumping that had been prepared by the City of Virginia Beach. (For full text, see statements and copy of map on file in the City Clerk's Office.) During a portion of the discussion, Council Member Ferris inquired whether or not the study being prepared for the General Assembly referenced the American Academy of Science, National Academy of Science and the National Research Council were one in the same; whereupon, Dr.. Cutler replied that the organizations were located in the same building in Washington D.C. Council Member Ferris thought that Virginia Uranium, Inc., was funding the study, which was asked for by the General Assembly; and inquired whether the study was one sided and asked who was paying for it? In addition, he questioned if the Council should wait until the General Assembly received the study before taking any type of formal action. I I I I 267 In response to Council Member Ferris' inquiry, Council Member Rosen confirmed that the $1.4 million study was being privately funded by the Virginia Uranium, Inc., at the request of the General Assembly. Based upon ensuing dialogue, it was determined that action by Council should take place prior to the convening of General Assembly Session in January 2012, noting that the benefit of the City acting earlier was for the purpose of taking a leadership role in context to communities affected by the project. Council Member Ferris pointed out that his biggest issue with the resolution, as drafted, was it contained limited language, and he wondered if further discussion was warranted. In response to Council Member Price's question concerning the urgency of taking action on the matter, Dr. Cutler explained that City Council could take a passive or an active posture, clarifying that a passive posture would be to say the Virginia Municipal League (VML) already has something in place and because the City of Roanoke is a member, the matter has been taken care of. He continued that Virginia Uranium was taking people to France and Canada, making campaign contributions and working hard behind the scenes to get momentum in support of eliminating the ban on uranium mining. Inasmuch as there would be a lot of activity on behalf of the private, for-profit company that wanted to mine the uranium, he stressed the importance of starting early to protect the public health of citizens. Council Member Bestpitch remarked that Virginia Uranium was using the name "Virginia" when the ownership was not only outside of Virginia, but outside of the United States of America; and wondered why the Company was persistent in getting the moratorium lifted and there being such an urgency to begin this uranium mining operation as soon as possible; whereupon, Freeda Cathcart, Founder of Mothers United Against Uranium Mining (MUAUM), a network to connect various groups working to prevent uranium mining in areas where the public's health and economic prosperity would be adversely affected, stated that the price of uranium was currently high, and that Germany, which is a world economic leader, had decided to go nuclear free. Brenda Hale, President, Roanoke Branch NAACP, appeared before the Council and transmitted a copy of a Resolution adopted at the NAACP Virginia State Conference opposing lifting the ban on uranium mining in the Commonwealth of Virginia because it poses an environmental threat to the Roanoke River Basin and to citizens of Virginia and North Carolina. (See copy of resolution on file in the City Clerk's Office.) 268 Following extensive dialogue, Council Member Bestpitch advised that the point I had been very well made that even if the study is released in December, the Council would need a considerable period of time to review and really vet the conclusions of the study before the moratorium is lifted; therefore, he suggested that language from the VML resolution be added at the end of Paragraph Number 1 on the second page of the proposed resolution, and read as follows: "Council opposes lifting the moratorium on uranium mining in Virginia, until studies demonstrate that it's safe for the environment and health of citizens". Council Member Ferris offered a friendly amendment that the resolution be amended stating "Council opposes lifting the moratorium on uranium mining in Virginia in the 2012 Session of the General Assembly until after the National Academy of Science (NAS) study has been fully vetted by the public", which was essentially the same as Council Member Bestpitch's suggestion, except it limited it to the next Session of the General Assembly; and also because he was of the opinion that the current makeup of the General Assembly would rush to the aid of Virginia Uranium and lift the moratorium in the 2012 Session. There being no objection, Council Member Rosen, the maker of the motion, and Vice-Mayor Trinkle, the maker of the second agreed with the friendly amendment offered by Council Member Ferris. Further discussion ensued, Council Member Lea voiced his opposition to the I friendly amendment, emphasizing that there were enough facts and there was no 100 percent surety period. In addition, he supported adopting the resolution as drafted, adding that it was important to reassure the residents of Pittsylvania County and Chatham, Virginia, that they did not have to worry about uranium mining in their jurisdictions. He also felt that the Council not only needed to be clear with the General Assembly, but needed to be a leader and say "no" to lifting the ban on uranium mining, not wait for the study. Following additional comments, Dr. Cutler stressed that the ban not be lifted in the 2012 Session of the General Assembly, but asked that the remaining language requested to be included in the resolution "when the public is finished vetting it" not be used. I I I I 269 There being ongoing discussion of the matter, Council Member Rosen called for the question; whereupon, amended Resolution No. 39257-112111 as follows stating that the Council opposes lifting the moratorium on uranium mining in Virginia in the 2012 Session of the General Assembly was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: Council Member Lea-1 . GRANTS-BUDGET-SHERIFF: Octavia L. Johnson, City Sheriff, submitted a written communication recommending acceptance and appropriation of funds in connection with the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant; and the City Manager submitted a communication recommending that Council concur in the request of the Sheriff. (For full text, see communications on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39258-112111) A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance-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. 75, page 181.) Council Member Bestpitch moved the adoption of Resolution No. 39258-112111. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. Council Member Bestpitch offered the following budget ordinance: (#39259:-112111) AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 182.) 270 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39259- I 112111. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-G. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GRANTS-BUDGET-FIRE/EMS DEPARTMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds for a grant from the Virginia Department of Fire Programs for use by the Roanoke Fire-EMS Department. (For full text, see communication on file in the City Clerk's Office.) I Council Member Bestpitch offered the following resolution: (#39260-112111) A RESOLUTION authorizing acceptance of the FY2012 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 183.) Council Member Bestpitch moved the adoption of Resolution No. 39260-112111. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. I I I I 271 Council Member Bestpitch offered the following budget ordinance: (#39261-112111) AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 184.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39261 ~ 112111. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: The City Manager commented on the following items: . City of Roanoke received an award from the Public Relations Society of America-Blue Ridge Chapter for its "Eat for Education" Campaign. The campaign exceeded expectations and continues to grow at a fast rate. . Dickens of a Christmas Annual Downtown Event Kick Off will be Friday, December 2,2011, with the Christmas Tree Lighting and. Christmas Parade on Friday, December 9, 2011. . Leaf collection will be the weeks of November 28 and December 12, 2011 and residents should put their leaves out at the same time as their paper recycling. . Residents along Interstate 581 between Hershberger and Liberty Roads were encouraged to respond to the letters received from the Virginia Department of Transportation (VDOT) concerning sound barriers in the area. They were reminded that non-responses would be considered a yes for sound barriers. Being a Federal law, it is important for households to respond. The deadline for response is November 23,2011. In response to an inquiry from Council Member Price as to how many responses had been received; the City Manager replied that he did not know the answer, but the initial mailing was not very clear. He continued that since a no response would be considered a "yes" vote, VDOT was contacted and a second mailing was sent to the residents. 272 Council Member Ferris asked if the residents voted against a sound barrier wall, adding that he was told that a different type of pavement would be used to reduce noise; whereupon, the City Manager responded that he did not recall different types of pavement, but there were several different types of walls. I REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#39262-112111) AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and local grants for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 184.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39262-112111. I The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, 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: In honor of Movember, Council Member Ferris stated that he had been growing a mustache during the month of November which is intended to remind men to schedule an appointment with their doctor for an annual physical. I I I I 273 Council Member Bestpitch attended a potluck dinner on November 10 at the WDBJ Channel 7. studios where approximately 100 people from neighborhood organizations throughout the City gathered to discuss ways to make their neighborhoods better; and Police Chief Christopher Perkins shared information about the new drug market initiative that the Police Department had initiated and there were others in attendance who gave reports from state and national conventions of Neighborhood U.S.A. At 3:50 p.m., the Mayor declared the meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 5:13 p.m., the Council meeting reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle who left during the Closed meeting. 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 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 Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) At 5:14 p.m., the Mayor declared the Council 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, fourth floor, Noel C. Taylor Municipal Building, with Vice-Mayor David B. Trinkle presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch, and Vice-Mayor David B. Trinkle -6. ABSENT: Mayor David A. Bowers-1. 274 The Vice-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. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Trinkle. Inasmuch as Council Member Price needed to leave the Council Meeting prior to 7:30 p.m., the Vice-Mayor announced that the Council would conduct the two public hearing requests of the City Manager first. PUBLIC HEARINGS: EASEMENTS-CITY PROPERTY-SALE/PURCHASE OF PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 21, 2011 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 I 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, November 11, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a Deed, subject to approval as to form by the City Attorney, to transfer three acres and the former Buena Vista Center to Scott and Ascension Horchler for $30,000.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to the Council dated November 21 , 2011 (For full text, see report on file in the City Clerk's Office.) I I I I 275 Council Member Ferris offered the following ordinance: (#39263-112111) 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 known 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. 75, page 186.) Council Member Ferris moved the adoption of Ordinance No. 39263-112111. The motion was seconded by Council Member Bestpitch. The Vice-Mayor inquired if there were persons present who wished to speak on the matter. Alison Blanton, representative of the Roanoke Valley Preservation Foundation, appeared before the Council in support of the proposed sale of Buena Vista. She stated that the Foundation was of the opinion that the sale of the property to Mr. and Mrs. Horchler was the best option for the valuable historic resource. There being no other speakers, the Vice-Mayor declared the public hearing closed. In response to an inquiry about the sale and any restrictions on the property, R. Brian Townsend, Assistant City Manager for Community Development, indicated that the purchasers had agreed to develop and use the property in conformance with the following deed restrictions, which would survive closing: The property shall be used primarily as a single-family residence, but may be used for other uses as permitted by the zoning of the property. Any renovations to the property shall be undertaken in conformance with standards appropriate to its status as a national and Virginia historic landmark. The building on the property known as Buena Vista shall not be demolished or removed, in whole or in part, without the prior approval of Seller. The property shall not be subdivided or sold in fee other than as a single parcel, without the prior approval of Seller. 276 In the event that the Purchaser has not commenced renovations to the property, in an amount of at least $100,000.00, within 12 months of closing, Seller shall have the right to demand that the Purchaser convey the property back to Seller. In such event, the Purchaser shall deed the property back to the Seller free and clear of all liens and Seller shall return the purchase price to Purchaser. In such event, Seller shall be entitled to a deduction for reasonable rent for the time that Purchaser owned the property, and a deduction for any damages that may have been caused to the property. Utilities and taxes shall be prorated as of the date of the re-conveyance of the property to Seller. I There being no other questions and/or comments by the Council Members, Ordinance No. 39263-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch, and Vice-Mayor Trinkle -6. NAYS: None-O. (Mayor Bowers was absent). CITY PROPERTY-SALE/PURCHASE OF PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, I November 21, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to enter into a contract conveying three City-owned parcels located at 425 Church Avenue, S. W., designated as Tax Map Nos. 1011206, 1011209, 1011210, which is the site of the former YMCA facility, to 425 Church Avenue, LLC, in order for 425 Church Avenue, LLC, to renovate the existing building resulting in approximately 8,500 square feet of commercial space and approximately 38 rental apartments, subject to certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 11, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending authorization to execute a Contract for the Purchase and Sale of Real Property, subject to approval as to form by the City Attorney. . (For full text, see report on file in the City Clerk's Office.) I I I I 277 Council Member Rosen offered the following ordinance: (#39264-112111) AN ORDINANCE authorizing the proper City officials to execute a contract to sell to 425 Church Avenue, LLC, certain City owned property located at 425 Church Avenue, S. W, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 187.) Council Member Rosen moved the adoption of Ordinance No. 39264-112111. The motion was seconded by Council Member Lea. The Vice-Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. For clarification purposes regarding the current proposal as oppose to the previous offer that had been made on the abovementioned property, the Assistant City Manager for Community Development explained that there had been a similar contract on the property about two years prior with similar requirements that the property be developed in a mixed use configuration with approximately 8,500 square feet of commercial space on the ground floor and approximately 38 rental apartments; and in the previous contract, the City agreed to convey the property for $10.00, with the developer posting a $650,000.00 performance security with the City. He continued that the current contract requires the buyer to pay $225,000.00 for the property and post a $425,000.00 as a performance security, with the developer being obligated to finance the renovations to the property. There being no additional questions and/or comments by the Council Members, Ordinance No. 39264-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Bestpitch, and Vice-Mayor Trinkle -6. NAYS: None-O. (Mayor Bowers was absent). At this point, Council Member Price left the meeting (7:18 p.m.) 278 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, I April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816, 820, 824 and 828 Wasena Avenue, S. W., bearing Official Tax Map Nos. 1130306, 1130305, 1130304, 1130303, from RM-1, Residential Mixed Density, to UF, Urban Flex District, with conditions, for use of the properties as off-site parking, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 4 and Friday, November 11,2011. (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 request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Wasena Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: I (#39265-112111) 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 certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 188.) Council Member Ferris moved the adoption of Ordinance No. 39265-112111. The motion was seconded by Council Member Bestpitch. The Vice-Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. C. Cooper Youell, IV, Attorney, representing the petitioner, appeared before the Council in support of the rezoning. . I I I I 279 There being no questions and/or comments by the Council Members, Ordinance No. 39265-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, Bestpitch, and Vice-Mayor Trinkle -5. NAYS: None-O. (Mayor Bowers and Council Member Price were absent). ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of D & S Development to rezone properties located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and a vacant lot to the West, bearing Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, from RMF, Residential Multifamily District, to CG, Commercial-General District, with conditions, for use of the property as is allowed in both the CG, Commercial-General District, and the CN, Commercial-Neighborhood District, including a retail sales establishment, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 4 and Friday, November 11, 2011. (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 request, finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Williamson Road Area Plan, adding that the proposed use and zoning designation was appropriate considering the site's size and surrounding context; and the applicant had proffered a development plan, elevations and limitations on site lighting and signage that fulfills the City's design principles. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39266-112111) 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 certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 189.) 280 Council Member Bestpitch moved the adoption of Ordinance No. 39266-112111. I The motion was seconded by Council Member Rosen. The Vice-Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Paul Brown, P. E., Parker Design Group, representing the petitioner, appeared before the Council in support of the rezoning. Council Member Rosen questioned if this matter was the same one that had been discussed over the past year and a half with the Council; and Council Member Ferris inquired if Steve Mullins was a partner and if the property in question was where the old City nursing home had been located; whereupon, Mr. Brown answered that it had been the Southern Manor Nursing Home and a Dollar Tree store was being proposed for the property. Council Member Rosen commended the Planning Department and City staff for working with the developer to help meet time constraints on the project. There being no additional questions and/or comments by the Council Members, Ordinance No. 39266-112111 was adopted by the following vote: I AYES: Council Members Ferris, Lea, Rosen, Bestpitch, and Vice-Mayor Trinkle -5. NAYS: None-O. (Mayor Bowers and Council Member Price were absent). ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Iglesia de Dios Pentecostal M. I. to amend Proffered Conditions 1 and 2, as such proffers are set forth in the Zoning Amended Application No.2, filed on August 19, 2010, and accepted by City Council by the adoption of Ordinance No. 38951- 092010, as they pertain to the parcels of land at 3454 Cove Road, N. W., bearing Official Tax Nos. 6440211 and 6440210, such amendment of proffers to allow for an alternative site layout and building design as set forth in the Amendment of Proffered Conditions Amended Application No. 1 dated September 23, 2011. The proposed general usage of the property is a place of worship. The City's Comprehensive Plan designates the property for multifamily residential use, the matter was before the body. I I I I 281 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 4 and Friday, November 11, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the application to amend proffered conditions on the subject property, finding them to be consistent with the City's Zoning Ordinance, Vision 2007-2020, and the Peters Creek North Neighborhood Plan; adding that the request maintains the positive design principles of the site layout and building design supported in the initial zoning amendment request. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39267-112111) 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 certain proffers adopted by City Council in Ordinance No. 38951-092010, on September 20, 2010, pertaining to certain property located at 3454 Cove Road, N. W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 191.) Council Member Ferris moved the adoption of Ordinance No. 39267-112111. The motion was seconded by Council Member Bestpitch. The Vice-Mayor inquired if 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. 39267-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, Bestpitch, and Vice-Mayor Trinkle -5. NAYS: None-O. (Mayor Bowers and Council Member Price were absent). 282 TAXES-TRUST HOUSE: Pursuant to instructions by the Council, the City Clerk I having advertised a public hearing for Monday, November 21, 2011 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 Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House 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, November 11, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending that Roanoke Valley Student Trouble Center, Inc.'s be exempted from real estate taxation, if the organization agrees to pay the subject service charges on the real estate by January 1, 2012. (For full text, see report on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39268-112111) AN ORDINANCE exempting from real estate property taxation I certain property of Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, 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. 75, page 192.) Council Member Lea moved the adoption of Ordinance No. 39268-112111. The motion was seconded by Council Member Rosen. The Vice-Mayor inquired if 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. 39268-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, Bestpitch, and Vice-Mayor Trinkle -5. NAYS: None-O. (Mayor Bowers and Council Member Price were absent). I I I I 283 TAXES-GRANDIN THEATRE FOUNDATION, INC., AND SILVER SCREEN LLC: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 21, 2011 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 Grandin Theatre Foundation, Inc., and Silver Screen LLC, for designation of its real property, identified as Official Tax No. 1330502 and located at 1310 Grandin Road, S. W. as exempt from taxation, and approving the request of Grandin Theatre Foundation, Inc., for designation of its personal 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, November 11, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending that Grandin Theatre Foundation, Inc., and Silver Screen, LLC, be exempted from real estate and personal property taxation, if the organization agrees to pay the subject service charges on the real estate by January 1, 2012. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39269-112111) AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property located in the City of Roanoke owned by Grandin Theatre Foundation, Inc., and Silver Screen, LLC, the former being 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. 75, page 194.) Council Member Rosen moved the adoption of Ordinance No. 39269-112111. The motion was seconded by Council Member Lea. The Vice-Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 284 There being no questions and/or comments by the Council Members, Ordinance I No. 39269-112111 was adopted by the following vote: AYES: Council Members Ferris, Lea, Rosen, Bestpitch, and Vice-Mayor Trinkle -5. NAYS: None-O. (Mayor Bowers and Council Member Price were absent). HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business, Vice-Mayor Trinkle declared the Council meeting adjourned at 7:28 p.m. APPROVED ATTEST: ~ PJ..h1~ Stephanie M. Moon .. G City Clerk David A. Bowers Mayor I I 285 I ROANOKE CITY COUNCIL-REGULAR SESSION December 5,2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, December 5, 2011, 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, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. PRESENT: Mayor David A. Bowers-1. ABSENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, and Raphael E. Ferris-6. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. I COUNCIL: Due to the lack of a quorum, Mayor Bowers declared the Council meeting in recess until such time that a quorum may be present. At 9:07 a.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris and Mayor David A. Bowers-7. ABSENT: None-D. 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 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. I (See communication on file in the City Clerk's Office.) 286 Vice-Mayor Trinkle moved that Council concur in the request of the Mayor to I convene in Closed Meeting 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. NAYS: None-O. COUNCIL: A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of a City Attorney, 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 Price moved that Council concur in the request to convene in Closed Meeting as above described. 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. . I 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. At 9:11 a.m., the Mayor announced that a joint meeting with the Council, Roanoke City School Board and area Legislators to discuss the annual Legislative Program, would come to order. The Mayor declared the existence of a quorum, and called upon Chairman Carson to call the School Board meeting to order. SCHOOL TRUSTEES PRESENT: Mae G. Huff, Annette Lewis, Suzanne P. Moore, Lori E. Vaught, Richard Willis and Chairman David B. Carson-6. ABSENT: Trustee Todd A. Putney-1. I I I I 287 OTHERS PRESENT: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools; Curt Baker, Deputy Superintendent, Roanoke City Public Schools; Cindy H. Poulton, Clerk to the Board; Timothy R. Spencer, Assistant City Attorney and Legal Counsel; Delegate Onzlee Ware, Delegate-Elect Chris Head; and Alison Baird Aide to Senator John S. Edwards. Chairman Carson declared the existence of a quorum for the School Board and called upon School Board Trustees Lewis' and Vaught for a discussion regarding the School Board's portion of the Legislative Program. School Board Trustee Lewis expressed appreciation for the need to have funding for education. Ms. Lewis reiterated that the VHSL currently determines student eligibility and what classification group a particular high school must compete, and bases its classification group designation solely on the size of the high school without regard for the natural regional rivals or the travel cost suffered by the school division. She continued that the School Board legislative priorities only consisted of a request that the General Assembly consider taking one of the following actions regarding the Virginia High School League (VHSL) and its affect on high school athletics and ultimately budgets of the school divisions who participate in high school athletics: That the General Assembly establish a permanent oversight committee to review the operations of the Virginia High School League and to resolve any student athlete or school division appeals of Virginia High School League decisions that might be filed. That the General Assembly establish a study committee to review the effects of the Virginia High School League on the Commonwealth's student athletes, its public high school athletic programs and the budgets of the Commonwealth's school divisions. Ms. Lewis expressed appreciation to Delegate Ware for his support and sponsorship of the bill. Chairman Carson summarized the issue at hand by stating that the William Fleming and Patrick Henry High Schools were part of a five team AAA district, along with Halifax, Danville and Franklin County, obligating the teams to travel up to 2.5 hours to the abovementioned locations. He added that the travel expenses for school athletics were in excess of approximately $200,000.00 per year, and approximately 30 hours of student instructional time was being lost due to the amount of time spent traveling to and from said locations. He further explained that the Schools have recommended a more regional competition and VHSL has composed a combination league, which would consist of AA and AAA competitors for local and regional competitions. 288 Delegate Ware commented that the combination idea was a good one, but one I must look at the entire picture when requesting an advisory committee; including the participation of home school and Christian school students in varsity sports, which could present another issue, adding that he has pre-filed the bill, but wanted to highlight possible issues that may arise. Following additional comments by the Council, Vice-Mayor Trinkle introduced the 2012 Legislative package and advised that the school's portion was on page 11 of the report, and called upon the City Attorney to present the priorities of the 2012 Legislative Program. (See 2012 Legislative Program on file in the City ~Ierk's Office.) The City Attorney advised that the 2012 Legislative package was the 34th that he had presented and the 24th Legislative Program that he had written. He introduced the City's new Legislative Liaison Robert Catron, the Managing Partner at Alcalde & Fay - Virginia, LLC. He mentioned that Mr. Catron has been active in government and public affairs in Virginia for 20 years, and his civilian government service includes serving as Chief of Staff for a Member of Congress representing Virginia's Second Congressional District, as Legislative Assistant for two members of the Virginia General Assembly, and as Special Assistant to the Secretary of Transportation in the Office of Governor. Mr. Hackworth highlighted the following: I 2011 General Assembly City Accomplishments: . School calendar. Adds to the "good cause" circumstances for which school divisions may be granted a waiver from the post-Labor Day school opening schedule a school division that is entirely surrounded by a school division that has an opening date prior to Labor Day in the school year for which the waiver is sought. . $150,000.00 appropriated for grant to the City for funding a portion of the Smartway Connector bus service to Lynchburg. . Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic cannabinoids; bath salts. I 289 I 2012 City of Roanoke Legislative Program: Leqislation Requested: ~ TransDominion Express Commission Senator John Edwards has proposed legislation which would establish the TransDominion Express Commission to be responsible, within the TransDominion Corridor, for identifying needed construction, reconstruction, improvements of or repairs to railroads and their facilities and equipment necessary to provide enhanced passenger rail service, coordinated with freight rail opportunities, within the Corridor. The Commission may finance or assist in financing any rail transportation project. (Sen. Edwards patroned S.B. 435 in 2010; it was continued to 2011 in Senate Rules Committee. It would have repealed Chapter 1041 of the 2003 Acts of Assembly, which provided for the creation of a Rail Transportation Development Authority, but never became effective because its "reenactment clause" was never satisfied.) I ~ Passenger Rail Service The City of Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C., and Richmond, Virginia - The "TransDominion Express." Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. Priority should be give to instituting passenger rail service between Roanoke and Lynchburg, to enable residents of this region access to passenger rail service. Until this can be accomplished, funding should be made available to institute bus service between Roanoke and Lynchburg, coordinated with train schedules. (Senator Edwards patroned S.B. 864 in 2009, which would have created the Rail Transportation Development Authority; it failed to report from the Finance Committee.) I 290 ~ Restore State Budget Cuts The State should restore the funding reductions in local aid made during the last legislative session, and not make any further reductions in local funding. I The State should stop its practice of utilizing cuts in aid to local governments as a budget balancing tool. The budgeted amount for such cuts that the City must remit to the State as "Aid to the Commonwealth" for FY 2012 is $1,459,000.00. ~ Unfunded Mandates The Commonwealth must provide sufficient resources to pay its share of mandated services, and should not pass the costs on to local taxpayers of State-mandated services. The State should not enact any further legislation that imposes new mandates on local governments without providing for a source of revenue to pay for them. The recent shift in funding responsibilities to localities for the Line of Duty Act is a good example of how the State has acted to shift costs to localities. The State should either repeal current mandates upon local governments that are unfunded, or should authorize specific revenue sources to pay for them. The 2009 Catalog of State and Federal Mandates on Local Governments, compiled by the Commission on Local Government, Department of Housing and Community Development, Commonwealth of Virginia, identifies hundreds of mandates. I ~ Pneumatic Weapons Since at least 1909, the City prohibited the discharge, anywhere within the City, of air-guns and similar implements (Code of the City of Roanoke (1909), Section 399). The enactment of SB 757 during the last session of the General Assembly, invalidated all existing local ordinances "that prohibit the use of pneumatic guns in or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property." I 291 I The prohibition of the discharge of air-guns and similar pneumatic weapons in the City is a prudent measure that helps ensure the public safety, health, and welfare, especially given the City's high population density of over 2,200 persons per square mile, and the narrowness and small size of many lots within the City. Pneumatic guns include rifles and pistols that fire .22 caliber pellets - the same caliber as the smallest rifle caliber, and they reportedly have killing power at close range and the ability to kill small animals at fifty yards. In addition, law enforcement officers are concerned that the resemblance of some pneumatic weapons to even more lethal weapons will cause problems for officers responding to calls, and having to make split-second decisions about how to respond appropriately. The City requests that localities with a population density of at least 1,000 persons per square mile be authorized once again to regulate the discharge of pneumatic weapons, as they were able to do before the enactment of S. B. 757. I Other Legislative Requests of Particular Interest: .:. Nuisance Abatement: Section 15.2-901, Code of Virginia (1950), as amended, authorizes localities to go onto private property and abate certain nuisances thereon, after giving notice to property owners and the failure of the owners to act to correct the nuisances, such as accumulations of trash, garbage, refuse, litter and other substances which endanger the public health or safety, and excessive "grass, weeds or other foreign growth." In addition to such nuisances, citizens and neighbors often complain of shrubbery and trees which have been neglected and have become overgrown, creating various problems and nuisances. It is requested that Section 15.2-901 be amended to add nuisances caused by "shrubbery and trees" to the type nuisances which localities may abate. I 292 .:. Taxation of Motor Vehicles, Travel Trailers, Boats and Airplanes Weighing Over 10,000 Pounds Section 58.1-3511, Code of Virginia (1950) as amended, provides, in relevant part, that the situs for personal property taxation of motor vehicles, travel trailers, boats and airplanes weighing over 10,000 pounds is the locality where they are "normally garaged, parked, or docked." I The Attorney General and State Department of Taxation have opined in recent opinions that in order for the phrase "normally garaged, parked, or docked" to apply, the property must be located in the locality for six months or more, even though this is not a statutory requirement. This interpretation is beginning to cost the City and other localities significant revenues. The Commissioner of Revenue estimates that approximately 7,138 vehicles and trailers in the City could escape any local taxation if the six-month rule is consistently applied, potentially costing the City over $1,750,000.00, annually. The Commissioner of the Revenue has requested that Section 58.1-3511 be amended to add the following provision: "For purposes of this section, the phrase 'normally garaged, docked or parked' as applied to motor vehicles, travel trailers, boats, and airplanes weighing over 10,000 pounds, shall mean that the motor vehicle, travel trailer, boat, or airplane must be located physically in the taxing jurisdiction a greater amount of time in each tax year than it is in any other jurisdiction or state." I .:. Vacant Building Registration Section .15.2-1127, Code of Virginia (1950), as amended, authorizes cities, by ordinance, to require the owners of buildings that have been vacant for a continuous period of twelve months or more to register such buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This registration fee is inadequate, and should be increased to an amount "not to exceed $250.00." I I I I 293 .:. School Board Legislative Priority - Virginia High School League The Virginia High School League ("VHSL") currently determines student eligibility and what classification group a particular high school must compete, and bases its classification group designation solely on the size of the high school without regard for the natural regional rivals or the travel. cost suffered by the school division. School divisions are forced to make tough budgetary choices regarding their academic and athletic programs; the cost for maintaining these public high school athletic programs continues to increase each year. Should a high school disagree with a determination made by the VHSL, that high school does not have the ability to appeal the VHSL's decision to an independent third party. For the foregoing reasons, the School Board for the City of Roanoke, hereby requests that the General Assembly consider taking one of the following actions regarding the VHSL and its affect on high school athletics and ultimately budgets of the school divisions who participate in high school athletics: 1. That the General Assembly establish a permanent oversight committee to review the operations of the Virginia High School League and to resolve any student athlete or school division appeals of Virginia High School League decisions that might be filed. 2. That the General Assembly establish a study committee to review the effects of the Virginia High School League on the Commonwealth's student athletes, its public high school athletic programs and the budgets of the Commonwealth's school divisions. (See copy of 2012 Roanoke City Legislative Program on file in the City Clerk's Office.) Discussion: Council Member Bestpitch talked about how disheartening it was that the General Assembly could fathom providing fewer funds to support public education. 294 Council Member Price called attention to page six of the legislative program and I advised that the onslaught of predatory lending practices should be further examined, adding that a cap of 36 percent on charges for payday loans should be enforced; and further inquired about the use of school gymnasiums and the involvement of the City's Parks and Recreation Department regarding athletic programs. Chairman Carson added that the schools received fewer State funds during the current budget year than in 2005-2006 and the school system would be dire if not for the $13 million increase in funds provided by the City. He further advised that the full effect of the composite index adjustment was felt--students were overwhelmed having to compete in sports with a northern Virginia school that outnumbered them by 500 students; and he expressed appreciation to the Council for the increase in funds allotted for the school system. Delegate Ware commented that the concept of realism was needed when considering where the nation was with regard to tax increases. He pointed out that 65 percent of Virginians oppose tax increases, but those increases provide funding for schools, transportation, etc. Delegate-Elect Head expressed appreciation the Council for the opportunity to be a part of the meeting and advised that he supported the transportation and railroad issues. I Following comments by the Council, the Chairman of the School Board declared the joint meeting adjourned at 10:41 a.m. There being no further discussion, the Mayor declared the Council meeting in recess at 10:41 a.m. At 11 :00 a.m., the Mayor reconvened the informal session for the following briefing: BRIEFINGS: Ensurinq a Financiallv Sustainable Retirement Plan: The Director of Finance introduced Jim Link, Public Financial Management who served as Financial Advisor for the project. She advised that the City of Roanoke does not participate in the Virginia Retirement System and currently there are more retired employees than active. She added that it was important to explore retirement program options for future hires and sustainability for current employees. She briefed the Council on the following: I 295 I Aqenda · Introduction · Background - The Roanoke Pension Plan · The Retirement Benefits Financial Planning Process · The Public Pension Environment · Important Project Planning Concepts · Project Timeline · Decisions to Make for Future Hires · Recommendations · Employee and Stakeholder Feedback Process · Resulting Contribution Rates · Summary and Next Steps History of Roanoke's Pension Plan: I 1926 Police & Fire system established (predates VRS) 1946 ERS ("old plan") established 1970 Roanoke employees joined Social Security 1977 Vesting reduced from 20 to 10 years 1984 ESRS ("new plan") established 1996 ESRS vesting reduced from 10 to 5 years 1998 ESRS rule of 70/80 implemented, recognizing age 45/50 as "Normal Retirement", supplement added for retirees with 20 years service until age 65 1999 Multiplier increased from 2.0% to 2.1 %, 2000 ESRS added portability, purchase of service Current Retirement Benefits (1998): · Defined Benefit Pension Plan - 2.1 % multiplier - 5 year vesting - 36 month AFC (ave final compensation) Includes additional monthly supplement of $315 until age 65 for retirees with 20 years service · Optional Membership in IRS Sect 457 Defined Contribution Plan · Accessibility to Group Medical Plan for those retiring with 15 years service · Participation in Social Security Benefits I 296 Roanoke Pension Plan is in Sound Financial Condition: I · Relatively strong asset/liability funded ratio - 86% - given recent market volatility · City always fully funds actuarially determined contributions · No "gimmicks" - No inclusion of overtime wages or bonuses to inflate wages for calculation of benefit - No use of unrealistic investment returns or smoothing periods · No DROP (Delayed Retirement Option Program) Contribution Rates Have Risen in Recent Years Every 1 % now costs $600,000 annually 20.0% 18.0% 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 1';" 0,0,"> o,o,'? o,~ rI>~ rI>':>". rI>~ rI>':>'o rI>~ ~",:> n':>"". "'" " " " 'j; 'j; 'j; 'j; 'j; 'j; . I--Contribution Rille as Percent of Payroll I FY12 Cost $10.5M Senefitenhancements granted I Source: Roanoke Pension Plan Comprehensive Annual Financial Reports Contribution Rates Expected to Continue to Increase Assumes a Cost of Living Adjustment 25.0% 15.0% 20.0% 10.0% 5.0% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 I_Estimated FY Contribution Rate 3S Percent of Payroll I Source: Roanoke Pension Plan FYll Actuary Report prepared by Milliman I I I I 297 The Mayor inquired if the rate was fixed at 18 percent and based upon what needed to be contributed; whereupon, the Director of Finance indicated that the drop in contribution rate in 1996 - 2002 was from robust stock performance in the 90's. He further inquired if stocks perform poorly in the future, could the percentage increase at no fault to the City; whereupon, Ms. Shawver replied in the affirmative and explained that the realistic investment earnings assumption was 7.75 percent, which was very reasonable in terms of long-term investment. Council Member Bestpitch inquired about the support of an estimate that high; whereupon, Ms. Shawver explained that for long-term pension asset, an asset allocation was used that was heavily vested in an equity market both domestic and international. She added that a recently conducted 5-year experience study and review from Mr. Link affirmed the use of 7.75. Mr. Link added that it was a long-term assumption of perpetual assets with perpetual liabilities, but if the short periods of over and under performance were removed, 7.75 seemed reasonable. Council member Bestpitch commented that the assumption would be that the national and international markets would show improvement in some years and decline in others; whereupon, Mr. Link replied that it would be volatile. Ms. Shawver continued with the presentation as follows: Retirement Benefits Financial Planninq Process: · Core Team · Goal Setting · Consultant · Benchmarking · Development of Potential Options · Actuarial Analysis · Employee Input Process · Additional Analysis · Legal review · City Council Approval 298 Goals of the Retirement Benefits Financial PlanninQ Process: Adopted by Planning Team Fall 2010 I · Providing benefits that will be competitive to attract, motivate and retain employees · Ensuring that such benefits are sustainable and acceptable to the community, employees and elected officials · Maximizing return on assets to provide the best benefit possible for a given investment Roots of the Problem: · 30 years of benefits increases · Often retroactive: Created significant unfunded liabilities · Plan designs were set in cement during Internet Bubble · Investment assumptions were aggressive · Based on recent trends versus long-term trends · Then came a decade of low returns · No increases in employee contributions · In fact, some employers went the wrong way! (EPMC in California) · Unfunded liabilities doubled in 2008 bear market Pension Challenqes Nationwide After 2008: I · 25 percent investment losses were typical of public plans · Riskier portfolio strategies as some reached for yields · Doubling of unfunded liabilities nationally · Typical plans were -70% funded using rosiest assumptions · Retirement plan cost increases will require elimination of 2 million public employee positions this decade · Declining or stagnant government revenues · Prior claims on resources · Call-backs from furloughs, thawing of pay freezes, deferred maintenance and equipment replacement, etc. · Pension contributions will likely rise 25-40% for many employers even before potential GASB changes which further pressure rates I 299 The New Normal and Impact on Pensions: I · Stock markets unlikely to return to previous peak as quickly as they have since World War II · Interest rates nearing generational lows worldwide · Global quest for yield · Aging baby boomers nearing retirement · Suggests that long-term bond returns will be lower for decades · Difficult to earn the coupon · GDP growth and hence equity returns may be subnormal for several years as consumer debt hangovers and sovereign balance sheets are restructured · Expected returns on long-term assets are lower · Expect 8% NASRA average to decline to 7% to 7.5% Trends in Pension Reform: I · Increasing use of defined contribution and hybrid plans · Anti-spiking reforms · Higher retirement ages · Outlook: New ages for Social Security and Medicare as defined by National Commission on Fiscal Responsibility and Reform may push normal retirement age out · Decreased multiplier · Consideration of automatic benefits changes if plan funding falls below 80-85% · Reduction in COLAs Sustainable Reform Strateqies: · Establish new, lower benefits tiers for new hires and unvested incumbents · Align retirement age for new hires with Social Security · Age 66 for those born before 1960 · Age 67 thereafter · Leave door open to future age increases (formally in plan doc's) · Implement employee contributions · Goal - 50/50 cost sharing of prospective cost · Employer retains cost of unfunded liability More Sustainable Strateqies: I · Require actuarial reductions for early retirement · Disallow inflation increases for early retirees · Dedicating portion of budget surpluses and future revenue increases to retirement funding · Install supplemental savings plans (e.g, retiree medical savings) to enable employees to fund their share at retirement · Hybrid Defined Contribution-Defined Benefit Plan 300 What Moves the Dial the Most and the Fastest?: · Employee contributions · For new hires (and unvested workers) install a lower multiplier, if too high now · Raise retirement ages for new hires · Require actuarial reductions for early retirement I Important Plannino Concepts: Replacement Ratio - Balance of Working Years vs Retirement Years What Does the City Consider a Taroet Replacement Income in Retirement?: Ratio of retirement income to active employment income · What is needed for retirees to live comfortably? · What is appropriate for someone contributing a full career to the City? · How much should be paid by the City? · By the employee? · How is it impacted by Social Security? Example Replacement Ratio: · Individual retires at $40,000 with 30 years of service at social security normal I age · City Pension Plan replacement ratio is 63% (30 years x 2.1 % per year) · Social security ratio is 44% (unreduced) · Total replacement ratio is 107% What is the Meanino of a Full-Service Life to the City?: · What constitutes a full career? · _ years of service · Attainment of _ years service + age · At what age should a person be able to retire and draw a benefit? · What is the right balance between number of working years and years a benefit is received? I 301 I Decisions to Make for Future Employees: · Plan Type · Whether to Offer a Choice of Plan · Multiplier · Average Final Compensation (AFC) · Maximum Replacement Ratio · Vesting · Retirement Eligibility · Cost of Living Adjustments (COLAs) · Will employees contribute? · Pension Plan Supplement · Retirement Health Savings Account (RHSA) Defined Benefit (DB) Plan: I · Benefit is determined by a formula - Multiplier x Average Compensation x Yrs Service · Benefit is paid monthly for life · Contributions made by employer and/or employee. · Contribution rate determined by actuary as percent of pay · Funds held in trust · Investments are determined by Board of Trustees · Benefit ends upon death of retiree (or spouse if spousal option is elected) · Examples: current Roanoke Pension Plan, VRS Defined Contribution Plan: · Contributions provided by the employer and/or employee are placed in an account owned by employee · Contributions and investment earnings accumulate · Employee makes investment decisions as well as decisions about rate and timing of withdrawal of funds · No guarantee of amount of earnings or amount to be paid monthly · Account is established in name of employee with a designated beneficiary · Examples: · 401(k) - common in private sector · 403(b) - common in education sector · 457 - optional plan currently available to City employees I 302 Hybrid Plan: I · Retirement plan with both a defined benefit and defined contribution component · Each component holds unique characteristics of DB or DC · Examples: Rhode Island, Atlanta Plan Type Considerations Defined Benefit (Plan A) Hybrid (Plan B) Pros Cons Pros Cons . Employee not . Must work long . DC component . Employee responsible for enough to vest portable responsible for managing . Benefdless . DC component investment investments portable can be left to perfonnance of DC . Provides employee . Compensation beneficiary component promised benefit for base frozen for . Recruitment tool . Like employees will life employee who . More appealing have differing benefits . Most appealing leaves benefit for as result of personal benef,t for long tenn transient or investment City worker shorter teml perfom1ance employee . Provides a "best of both worlds' aspect 33 I Pros and Cons of Choice: · People appreciate choice · Choice allows benefit that best fits individual · But does the brand new employee really know what's best? · Choice results in different benefits for otherwise equal employees · Choice may lead employees to second thoughts In response to an inquiry with regard to milestone investments from Council Member Rosen, Ms. Shawver explained that if the City of Roanoke decided to implement a hybrid plan, there would be help in deciding the investments; streamlining the choices to make them as manageable as possible. Council Member Bestpitch questioned if that was relatively common; whereupon, Mr. Link advised that it was common in the private sector and a Protection Act of 2006 provided those types of funds as alternatives to 401 K plans. Ms. Shawver indicated that staff education through a benefit orientation process and presentations throughout the year would be priority if the City were to consider a I hybrid plan. I I I 303 She continued with the presentation highlighting the following information: Employee Feedback: · Many supported choice; especially if contributory plan · "Choice is important due to mixed demographics and experiences of employees" · Many concerned about employees making uneducated investment choices · Some felt Plan A more stable, conservative, better government option · "80-90% workforce needs Plan A" · Some feel it is City's role to make investment decisions · Plan B an important recruitment tool · Plan B a better "what can you do for me now" option · Plan B would look more familiar to those coming from private sector · Plan B appealing to younger generation, those desiring ability to take more risk, mid-career employees, transient employees · "What happens to employees who don't invest wisely in Plan B?" · Average employee may have difficulty managing investment component of Plan B, leaving them dissatisfied Recommendations - Plan Type: · Provide future employees choice of plan · Plan A - defined benefit plan · Plan B - hybrid plan - Half defined benefit - City share - Half defined contribution - 401(a) · Irrevocable election within first 60-90 days of employment · Investment education · Current employees may change to one of these plans prospectively, if desired The Mayor inquired about the negative impact if 20 percent of the plan was removed; whereupon, Ms. Shawver advised that it would not negatively impact the City, but could negatively impact the employee if he or she did not make the best choice for their investments. He further inquired if the employee opted not to participate in the plan, why would it not have a negative effect on the 80 percent of employees that opted to continue with participation. Mr. Link advised that the employee that opted out would be in a separate plan like a 401 K plan and the contributions and return related to the existing plan would be calculated knowing that the employee has opted out. 304 In response to an inquiry from the Mayor regarding the effect on the long-term I investment of the plan, Mr. Link advised that over a long period of time the total amount of dollars invested in the plan would reduce; if there was 100 percent investment in Plan A that would be more money than a 20 percent investment in Plan B. Ms. Shawver added that because the portion that would be benefited from would be outside the benefit plan, the responsibility would fall on the employee. The Mayor inquired why an employee could not wait until five years of vested service to make a decision on a retirement plan; whereupon, Mr. Link advised that the City as an employer makes contributions for the employee from the time of hire and allowing that much time for decision making could cause an adverse selection . He added that the default decision would be to enroll in the pension plan because it was the most conservative in terms of contributing to a defined benefit. Council Member Bestpitch added that as an employer the City must inform the employee, but ultimately the employee must make the best decision. for their investment. Ms. Shawver continued highlighted the following information: Multiplier: % retirement benefit received for each year of service Example: 30 years service x 2.1 % multiplier = Pension payment of 63% of average final salary · Current multiplier - 2.1 % · Roanoke's multiplier one of highest in state · Multiplier until 1/1/99 - 2.0% · VRS -1.7% · Options - 1.7% to 2.1 % · Initial recommendation - 1.7% · Considerations - Cost - Sufficiency of benefit - Whether participating in Social Security - Competitiveness · Observations - 1.7% multiplier provides sufficient benefit today when plan members are covered by Social Security - 2.3% when not in Social Security · Employee feedback encouraged higher multiplier than VRS, generally discouraged reduction in multiplier, felt urban employer needed more attractive benefit I I I I I 305 Recommendation: - Retain multiplier of 2.1 % for current employees - Adopt 1.8% multiplier for.future employees - Adopt multiplier of .9% for defined benefit component of hybrid plan · The defined contribution component of the hybrid plan will provide a matching benefit intended to make the two plans equivalent Averaqe Final Compensation (AFC): Compensation for purposes of retirement benefit calculation Example: $30,000 AFC x 2.1 % multiplier x 25 years service = $15,750 City Pension Benefit At full eligibility, Social Security adds approximately $15,000 to bring the total benefit to $30,750 · Currently highest 36 months · VRS Plan 2 using 60 months · Many plans moving to 60 months · More accurate reflection of average · Reduces risk of unexpected spike in benefit · Better matches contribution with benefit Recommendation: Retain AFC of 36 highest months for current employees - Adopt highest 60 months for future employees Ms. Shawver explained that the multiplier could be changed and have more than one multiplier, but it would be preferable to set it up to be safe for years to come. Mr. Link added that the replacement ratio of 1.8 percent would ensure a 54 percent return on the pension and 44 percent would be covered by Social Security, the lower the yearly income, the more Social Security would replace. He further added that the private sector typically offered a 401 K plan covered by social security income. 306 Cost of LivinQ Adiustments (COLAs): · Current policy - Not addressed in City Code - Often granted by City Council on ad hoc basis resulting in unfunded obligation · Options - Give no COLAs - Continue with ad hoc COLAs - Include in City Code - Establish COLA policy · Considerations - Sufficiency of benefit - Availability to all retirees or only with given service level? - Accounting and actuarial treatment · Employee feedback indicates high value for COLA policy, belief COLAs should not exceed active employee pay raise, belief COLAs are most deserved by career employees Recommendation: I - Adoption of a COLA policy - COLA equal 2/3rds Urban CPI - Granted to normal retirees (excludes deferred vested and early retirees) I - COLA may not exceed 4% and may not exceed pay raise provided active employees in same fiscal year COLAs 4.0% 3.5% 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 0.0% ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1- Roanoke Pension Plan COLA - 213rds Urban CPII 60 I I I I 307 Ms. Shawver advised that there was not a policy in place for cost of living adjustments, but COLAS were issued based upon yearly budget studies and unfunded obligations. She further advised that because the City wished to establish a policy for COLAS to better fund and manage them; the recommendation would be to adopt a policy for normal retirees and if employees do not receive a pay raise, retirees would not be granted a cost of living increase adjustment. Employee Contributions: Future Employees · Roanoke Pension Plan included an employee contribution until 1973 · Nationally, vast majority of plans contributory · Public sees employees as helping pay for benefit · Employee feedback indicates preference for retention of benefit as priority with acceptance of required contribution if necessary to support benefit Recommendation: Implement 5% employee contribution for future employees Pension Plan Supplement: Monthly, taxable supplement of $315* paid to retirees with 20 years of service until age 65 *75% of City contribution toward active employee medical insurance Current Pension Supplement Does Not Reward Tenure with City Age at Years Supplement Total Supplement Retirement Received Received' 45 20 $ 75,600 55 10 37,800 60 5 18,900 65 0 0 The current supplement provides largest benefit to those who retire earliest. The benefit decreases as length of service extends beyond 20 years. A person working to aqe 65 receives no benefit from this supplement. . Gross benefit, not shown on present value basis nor net of taxes. 64 308 Pension Plan Supplement: I o Considerations - Cost - Incentive of benefit o Employee feedback indicates support of grandfathering of current employees, option to move to RHSA if desired Recommendation: - Discontinue Pension Plan supplement for future employees - Current employees offered irrevocable election to retain or discontinue eligibility for supplement - Those who opt out of supplement will enroll in retirement health savings account Retirement Health Savinqs Account (RHSA): Funds deposited pre-tax by employer and/or employee into an account. Employee controls investment of funds. Investment earnings tax-free. Funds withdrawn tax-free for qualified medical expenses. Retirement Health Savinqs Account: I · City and employee each contribute 1 % of pay into a RHSA · Employee makes investment decisions · Account grows with length of service · RHSA is portable · Employee controls timing and use of funds · Encourages prudent use of health care dollars · Considerations - Health care a major issue for retirees - Significant tax advantages - Rewarding continued service · Employees generally receptive and interested in program, supportive of option for current employees I I I I 309 Recommendation: - Establish RHSA for all future employees - 1 % employee contribution, 1 % City match - City match requires 5 year vesting period - Provide current employees a one-time opportunity to opt out of supplement and select RHSA - Provide current employees a 1 % pay raise to offset their required contribution (reduction in pension plan cost offsets cost to City) Comparison of Current Supplement with RHSA: · Salary $40,000 · Age 60 · Years of service 25 · Current supplement would pay $18,900 taxable income from age 60 to age 65. - Taxes are not estimated in this example · RHSA would accumulate $20,000 tax free over career of employee, half of which paid by the employee. - Interest earnings would also accrue based on investment allocation and performance - Interest is not estimated in this example Ms. Shawver explained that in terms of the Retirement Health Savings Account, the City and employee would contribute 1 percent into the account to be utilized after retirement or 20 years of service. She added that it was portable and accrued no taxes as long as it was used for medical benefits. Council Member Bestpitch inquired if it was essentially a 2 percent raise for employees because they would receive it upon retirement; whereupon, Ms. Shawver replied in the affirmative and offered that the stipulations would be for employees hired after July 1, 2013. She added that it would cost approximately $500,000.00 to put the service in place. Other Retirement Benefits: No changes are proposed to the other retirement benefits provided to Roanoke employees: - Optional Membership in ICMA Defined Contribution Plan - Section 457 Plan - Accessibility to Group Medical Plan for those retiring with 15 or more years service - Social Security Benefits 310 I Summary of Recommended Changes for Future Employees Component Today Future Plan Type Defined Benefrt Choice of Defmed Benefit (Plan A) or Hybrid of Defined Benefit'Defined Contributon (Plan B) Multiplier 2.1% 1.6% Plan A, .9% Plan B' Maximum Replacement % 63% (2.1 % x 30 vears) 63% (1.6% x 35 years) Average Final Compensation Highest 36 months Highest 60 months Vestng 5 years 5 years (City contribution to Pension, RHSA) Employee Contribution None 5% of salary (pretax) - toward DB for Plan A and toward DC for Plan B Retirement Eligibility - Normal Age 50/45 with age + Age 60/55 with age + service (GenlPub Safety) service 80/70 or age 65 85/75 or age 65 with 5 yrs service with 5 yrs service . Plan B an actuarially equivalent benefrt to Plan A via deferred compensation component 71 I Summary of Recommended Changes for Future Employees Component Today Future Retirement Eligibility - Age 55 with 5 years service Age 55/50 with 15 years service Early (Gen/Pub Safety) (reduced benefit) (reduced benefit) Retirement Eligibility - Age 65 or age 55 with reduced Age 65 or age 60 with reduced Deferred Vested benefit benefit (GenlPub Safety) Cost of Living Ad hoc (determined annually Policy established - COLA of 213 Adjustments based on funding availability. CPI - not to exceed 4 %, not to trends in other systems) exceed active employee pay raise. Payable to nom1al retirees. Pension Plan Monthly cash supplement of None Supplement 5315' for retirees with 20 years service until age 65 (taxable) Retirement Health None Eligible for City Pension Plan Savings Account members -I % of salary employee and 1 % of salary by City (pretax) 72 . - 75% City contribution toward active employee health care I 311 I Summary of Recommended Changes for Future Employees Component Today Future Plan Type Defined Benefrt Choice of Defined Benefit (Plan A) or Hybrid of Defined BenefitJDefined Contribution (Plan B) Multiplier 2.1% 1.8% Plan A, .9% Plan B' Maximum Replacement % 63% (2.1% x 30 vears) 63% (1.8% x 35 years) Average Final Compensation Highest 36 months Highest 60 months Vesting 5 years 5 years (City contribution to Pension, RHSA) Employee Contribution None 5% of salal'f (pretax) - toward DB for Plan A and toward DC for Plan B Retirement Eligibility - Normal Age 50/45 with age + Age 60/55 with age + service (GenlPub Safety) service 80170 or age 65 85/75 or age 65 with 5 yrs service with 5 yrs service . Plan B an actuarially equivalent benefit to Plan A via deferred compensation component 71 Effective Date: I · Contributory plans (pension and RHSA) trigger new record keeping requirements · Employee contributions eligible for refund to employees, with interest · Current software outdated; mainframe product designed in 1991 · New software required · Recommended effective date not earlier than July 1, 2013 EliQibility: · Pension plan and RHSA - future City employees excluding Sheriff's department employees who are members of VRS · Pension plan - also includes participating employers whose new employees join Roanoke Pension Plan - Roanoke Regional Airport Commission - Roanoke Valley Juvenile Detention Commission How Are Current Employees Affected?: I In Short... Any changes that may affect current employees (and additional employees hired until implementation date) are intended to be optional and/or beneficial to the employees. 312 Impact to Current Employees: o Irrevocable option of freezing service in current plan and joining new plan prospectively o Irrevocable option to retain eligibility for supplement or enroll in RHSA o COLA policy o Potential future salary increase in exchange for required employee contribution (recommend deferral for consideration as part of budget process) These aspects impact participating employers including several who have now closed membership to the Roanoke Pension Plan - Roanoke City Public Schools, Western Virginia Water Authority, Juvenile and Domestic Relations Court, and Roanoke Valley Resource Authority. Employee Contributions - Current Employees: · VRS and other plans introducing employee contributions for current employees · Addresses parity issue · Pay raise granted to offset employee contribution - net pay neutral · Or, enacted when economic conditions support a net pay increase - Example 6.5% pay increase, offset by 5% employee contribution Example of Pay Raise to Offset Employee Contribution Today Year 1 Year 2 Year 3 6.5% Pay Current Raise, 5% No Pay 2% Pay Situation Conmbution Raise Raise Salary S 40,000 S 42,600 $ 42,600 S 43,452 Taxes (8,159) (8,457) (8,457) (8,689) Pension Plan (2,130) (2,130) (2,173) Contribution Insurance Deductions (712) (719) (719) (722) Net pay $31.129 $ 31,294 $ 31,294 $ 31.868 79 I I I I I I 313 Do the Recommendations Achieve Goals? Cost Decreases, Stabilizes Instead of Climbing Above 20%, Cost Drops to 15% ~ 25% u iii 20% "-- :: t15% ., .. g "-10% -;:: '0 ~ 5% 'S c 0% o o 2012" 2017 2022 2027 2032 1_ B,l;;l~ye; P.;y Raise. Existing Employees I = City Paid RHSA :_ City Supplement Contribution I = City Pension Contribution l--Co~~uti~~Rate _B~fore Ch.n~e." Source: 2011 Actuarial Study - Milliman, Inc. . - in 2012, there is no funding for a COLA Future years indude a COLA. 39 Recommendations Achieve Goals: · Sustainability and Affordability - Reducing multiplier, extending retirement eligibility reduces cost - Eliminating supplement removes costly benefit that doesn't match reward with service - Changes keep contribution rate within manageable level - Adoption of COLA policy enables prudent financing of COLA, stabilizing contribution rate · Sufficiency of Benefit - Ensures reasonable income replacement ratio - Addition of RHSA aids planning for retiree healthcare - Adoption of COLA policy provides assurance of inflationary adjustment for full- career retirees · Competitiveness of Benefit as Recruitment and Retention Tool - Local government leader through introduction of choice - Contributory and DC elements portable, can be left to heirs - Hybrid plan appeals to younger, transient employees and mid-career work force 314 Next Steps: I · Feedback from City Council and other stakeholders · Additional analysis as needed · Finalize recommendations · January 3rd - City Council adoption of plan elements (For full text, see presentation on file in the City Clerk's Office.) Council Member Ferris questioned if the re-adjustments would affect the way rating agencies view the City. Mr. Link replied that the rating agencies look for proactive employers and would view the City as taking care of their employees. In response to an inquiry from the Mayor regarding the plans of the Western Virginia Water Authority, Juvenile Detention Commission and Roanoke Regional Airport Commission, the Director of Finance advised that those agencies could have their new hires come through the City's plan if they opted to. She further advised that July 1, 2013 was the implementation target date if the changes were adopted. There being no additional comments, Mayor Bowers declared the Council meeting in recess at 1:41 p.m., for a Closed Meeting; and thereafter to be reconvened I at 2:00 p.m., in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. At 2:00 p.m., the Council Meeting convened in the Council Chamber, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael 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 James Foringer, Pastor, Northside Church of Christ. I I I I 315 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-POLICE-COMMUNICATIONS: The Mayor recognized Police Chief Christopher C. Perkins, Lieutenant Rick Morrison, Police Academy Director; and Mike Crockett, Manager of E-911 , for respective accreditations. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. COMPLAINTS-TOWING: Timothy Meadows appeared before the Council and spoke about the City's Light Duty Towing Services Contract awarded in 2009. He advised that he submitted a bid for the contract in November 2009 and was present for the bid opening. He expressed his surprise upon speaking with Sharon Lewis, Purchasing Division Manager and Tim Spencer, Assistant City Attorney finding out that he was not on the list of towers awarded the bid. He felt that he was given false information and was one of the most qualified candidates that applied. He was dissatisfied with the explanation provided by Ms. Lewis with regard to the appeal process, which took multiple visits to her office to obtain. In conclusion, he invited the Mayor to the next scheduled Towing Advisory Board meeting to be held in the Council Chamber on Wednesday, January 11,2012, at 6:00 p.m. The Mayor advised that the Council received a report from the City Manager with regard to the matter and for clarification purposes, he reiterated that Mr. Meadow's issues were that two applicants were allowed to participate in the contract that did not meet the deadline for bid submittal and that no notice of decision or appeal was provided to Mr. Meadows in a timely manner. Council Member Rosen commented that the report from the City Manager indicated that two applications were submitted in time and inadvertently misfiled by City staff and therefore allowed to participate. He added that although Mr. Meadows was unhappy with the outcome of the contract the integrity of the Purchasing Manager and Assistant City Attorney should not be under attack. There being no further comments by the Council members, the Mayor advised that the matter would be referred to the City Manager for recommendation and report back to Council. (See copy of comments on file in the City Clerk's Office.) 316 CONSENT AGENDA The Mayor advised that all matters listed 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 was desired, the item will be removed from the Consent Agenda and considered separately. The Mayor called attention to two public hearing requests from the City Manager. APPALACHIAN POWER COMPANY-EASEMENTS-CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the request from Appalachian Power Company for easements on seven City-owned properties to build a 138 kV transmission line connecting the Huntington Court Substation to the Roanoke Substation, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the request of the City Manager as above described. 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. CITY PROPERTY-EASEMENTS-ROANOKE VALLEY SWIMMING-GATOR POOL: A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request of the Roanoke Valley Swimming, Inc., for a fee simple conveyance of an approximately 1.3 acre site of City-owned property located off of Overland Road, S. W., with an easement for ingress and egress, was before the body. (See communication on file in the City Clerk's Office.) I I I I I I 317 Council Member Ferris moved that Council concur in the request of the City Manager as above described. 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. BUDGET: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2012-2013. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that Council concur in the recommendation of the City Manager as above described. 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. OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE BOARD- ROANOKE VALLEY RESOURCE AUTHORITY: Reports of qualification of J. Granger Macfarlane as a City representative of the Virginia Western Community College Board to fill the unexpired term of William M. Hackworth, commencing January 1, 2012 and ending June 30, 2015; and James W. Harkness, Jr., as a City representative of the Roanoke Valley Resource Authority to replace Laurence Levy for a four-year term of office ending December 31,2015, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Ferris moved that the reports of qualification be received and filed. 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 318 REGULAR AGENDA PUBLIC HEARING: NONE. PETITIONS AND COMMUNICATIONS: CELL PHONE-SOLDIERS PROGRAM: Joan Washburn, Auxiliary Liaison, Military Officers Association of America, appeared before the Council and shared information regarding the Cell Phones for Soldiers Program. Ms. Washburn stated that the Military Officers Association of America in conjunction with its Auxiliary Member Advisory Committee have partnered with nonprofit Cell Phones for Soldiers to help bridge the communication gap between military personnel stationed overseas and loved ones back home through the collection of used cellular devices and administering free calling cards. She pointed out that the goal of the local chapter was to collect 1,000 used cell phones by January 31,2012 and noted that drop boxes would be positioned outside of the City Treasurer's Office, the Roanoker Restaurant and many other area businesses. Mayor Bowers inquired as to the conditions of the donated cell phones; whereupon, Ms. Washburn replied that the phones could be of any condition and age because all phones were disassembled and the parts recycled prior to distribution. (See copy of information regarding program on file in the City Clerk's Office.) Without objection, the Mayor advised that remarks would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: EQUIPMENT-COMMUNICATIONS: The City Manager submitted a written communication recommending execution of an Intergovernmental Agreement between the City of Roanoke and Roanoke County for establishment of a Joint Public Safety Radio System. (For full text, see communication on file in the City Clerk's Office.) I I I I I I 319 Vice-Mayor Trinkle offered the following ordinance: (#39270-120511) AN ORDINANCE authorizing the City Manager to execute an Intergovernmental Agreement ("Agreement"), with Roanoke County ("County") concerning the Regional 800 MHz Trunking Radio System ("System"), 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. 75, page 196.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39270-120511. 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. COMMENTS BY THE CITY MANAGER: The City Manager offered the following comments: Paper Leaf BaQ Collection: · Citizens are reminded that the last week of paper bag leaf collection is the week of December 12. · Residents should put their bagged leaves at the curb for pickup, along with their paper recycling and big blue containers. DRI"Shop Differently" ProQram: · Holiday shopping hours for downtown stores will be extended on Thursday evenings in December. · Stores will remain open until 9:00 p.m. · In addition, there will be free downtown garage parking on Thursday evenings in December for those who enter garages after 4:00 p.m. 320 Dickens of a Christmas: o Annual downtown event kicked off on Friday, December 2, with the Christmas Tree Lighting Ceremony. · Downtown streets are transformed with costumed characters, horse-drawn carriages, strolling carolers, marching bands, jugglers, and numerous community groups all highlighting various holiday traditions. · The Holiday Parade on Friday, December 9 from 6:00 p.m. to 10:00 p.m. · Great time to visit our downtown to shop, eat, and enjoy the holiday celebration. I Sixth Annual Holiday Career and Lifestyle Fair: · Wednesday, December 28 from 9:00 a.m. to 1 :00 p.m. · Roanoke Civic Center Special Events Center · Admission is free for attendees · The event benefits job seekers living in the region, as well as native Roanoker's returning home for the holidays with thoughts of moving back to their hometown. · Sponsors: National College, The Renick Group, WDBJ-7, and the City's Department of Economic Development. · More than 50 organizations will be represented at this year's event. I City Market Buildinq is featured in the November issue of Virqinia Town & City maqazine. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of September and October 2011; and the Financial Report for Roanoke City Public Schools for the month of Septe.mber 2011. (For full text, see Financial Reports on file in the City Clerk's Office.) Ms. Shawver provided a commentary on the City's financial results for the first three months of this fiscal year, noting that the financial statements were include for the three months ended September 30, 2011. She reported that the current year revenue budget for FY12 represented a 2.1 percent increase from the adopted budget of FY11 ; and primary areas with year-over-budget increases included General Property Taxes (Personal Property), Local Taxes (Sales and Meals Taxes) and Intergovernmental Services (Foster Care). She also mentioned that real estate would be flat for FY12 and to expect declines, adding that the sales tax was up 4.5 percent even with the loss of a I Wal-Mart store that was a major revenue producer. I I I 321 She explained that school revenues were up 8.5 percent largely due to the City's significant funding increase. She added that expenditures were up 19 percent which were impacted by the implementation of an earlier start date for schools. She also mentioned that as a result of the change in the funding formula, the City will pay more to the schools, but the schools will pay more debt which impacts both sides of their ledger. Council Member Bestpitch inquired about public safety overtime and Fire-EMS part-time figures; whereupon, Sherman Stovall, Assistant City Manager for Operations advised that the increase in public safety overtime figures was due to targeted enforcement activities by the Police Department and those expenditures have declined in the second quarter. He added that Fire-EMS part-time figures were impacted by a peak time service ambulance and that too would decline in the second quarter. Council Member Bestpitch inquired if employees were required to work overtime due to vacant positions within the department; whereupon, Mr. Stovall advised that it was an issue prior to the most recent Fire-EMS Academy graduation and was no longer an issue. He also inquired if the Comprehensive Services Act funding was meeting the needs of the community; whereupon, R. Brian Townsend, Assistant City Manager for Community Development advised that the program participants constantly change and trends were monitored over periods of time. In response to inquiry with regard to the civic facilities fund and events, Mr. Stovall explained that each year the Civic Center events will vary in terms of amount and type, but it is anticipated that the fund will be $7,000.00 within the fiscal year budget. Mayor Bowers inquired about the status of State funds; whereupon, Ms. Shawver advised that because of the State budget shortfall the City of Roanoke would not receive approximately $1.5 million in funds, but FY12 budget revenues from the State grew by 2 percent. She pointed out that there was concern with future budgets and the shortfall of the State. Without objection, the Mayor advised that the Financial Reports would be received and filed. 322 REPORTS OF COMMITTEES: NONE. I 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: - Council Member Bestpitch commented on the recently attended Ribbon Cutting at Towers Shopping Center for the new Drs. Express Care Center and commended the Economic Development and Planning, Building and Development Departments on their efforts in making the City a "Business Friendly Community." 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 as were identified in any motion by which any Closed Meeting was I convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. OATH OF OFFICE-ROANOKE ARTS COMMISSION: Mayor Bowers called attention to a vacancy on the Roanoke Arts Commission created by the resignation of Taliaferro Logan ending June 30, 2014; whereupon, he open the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Scott I. Burton. There being no further nominations, Mr. Burton was appointed to replace Taliaferro Logan as a member of the Roanoke Arts Commission Board for a term of four years ending June 30,2014 by the following vote: FOR MR. BURTON: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. I 324 There being no further business, Mayor Bowers declared the Council meeting I adjourned at 3:12 p.m. APPROVED ATTEST: ~rn.'1~Wu Stephanie M. Moon, MMC City Clerk 9Q~~ David A. Bowers Mayor ROANOKE CITY COUNCIL-REGULAR SESSION December 19, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, December 19, 2011, 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 I 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. 39150-070511 adopted by the Council on Tuesday, July 5, 2011. 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. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. 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. I I I I 323 Vice-Mayor Trinkle moved that the City residency requirement for Mr. Burton be waived in this instance. The motion was seconded by Council member Rosen and adopted by the following vote: FOR MR. BURTON: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. OATH OF OFFICE-HUMAN SERVICES ADVISORY BOARD: Mayor Bowers called attention to a vacancy on the Human Services Advisory Board created by the resignation of Victoria Cox for a three year term of office ending November 30, 2014; whereupon, he opened the floor for nominations. Council Member Priced placed in nomination the name of The Reverend Amy H. Ziglar. There being no further nominations, Reverend Ziglar was appointed to replace Victoria Cox as a member of the Human Services Advisory Board for a three year term of office ending November 30,2014, by the following vote: FOR REVEREND ZIGLAR: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. OATH OF OFFICE-BOARD OF ZONING APPEALS: Mayor Bowers called attention to the expiration of the three year term of office of Joseph F. Miller as a member of the Board of Zoning Appeals ending December 31, 2011. Inasmuch as Mr. Miller has served three consecutive terms of office, he is not eligible for reappointment; the Mayor opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Robert H. Logan, III. There being no further nominations, Mr. Logan was appointed to replace Joseph F. Miller as a member of the Board of Zoning Appeals for a three year term of office commencing January 1, 2012 and ending December 31, 2014, by the following vote: FOR MR. LOGAN: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. I I I 325 PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-VIRGINIA TECH: Vice-Mayor Trinkle offered the following resolution recognizing and commending Dr. Raymond D. Smoot, Jr., for his many years of dedicated service to Virginia Tech and the Roanoke Valley: (#39271-121911) A RESOLUTION paying tribute to Dr. Raymond D. Smoot, Jr., on the occasion of his upcoming retirement from Virginia Tech in July 2012 as Chief Executive Officer of the Virginia Tech Foundation. (For full text of resolution, see Resolution Book No. 75, page 198.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39271-121911. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. The Mayor presented a ceremonial copy of Resolution No. 39271-121911 to Dr. Smoot. ACTS OF ACKNOWLEDGMENT-CITY ATTORNEY: Council Member Price offered the following resolution expressing sincere appreciation to William M. Hackworth, City Attorney, for his dedicated service to the citizens of the City of Roanoke, Virginia: (#39272-121911) A RESOLUTION paying tribute to William M. Hackworth on the occasion of his retirement upon nearly 23 years of service with the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 200.) Council Member Price moved the adoption of Resolution No. 39272-121911. The motion was seconded by Vice-Mayor Trinkle and Council Member Ferris. The Mayor and Members of Council offered accolades and commendations to Mr. Hackworth for his years of dedicated service to the City and its citizens. Resolution No. 39272-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. 326 The Mayor presented a ceremonial copy of Resolution No. 39272-121911 to the I' City Attorney. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. COMPLAINTS-HOUSING-ECONOMIC DEVELOPMENT: Robert Gravely appeared before the Council and spoke about the economic and housing 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 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, 1 November 7,2011, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Rosen moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. CITY COUNCIL: A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of an Acting City Attorney, 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.) 1 I 1 1 327 Council Member Rosen moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. ROANOKE VALLEY. ALLEGHANY REGIONAL COMMISSION-OATHS OF OFFICE: A communication from the City Clerk advising of the resignation of Robert H. Logan, III, as a City representative of the Roanoke Valley Alleghany Regional Commission, effective December 31, 2011, was before the body. (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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. ANNUAL REPORTS-BOARD OF ZONING APPEALS: Annual report of the Board of Zoning Appeals for Fiscal Year 2010 - 2011, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Rosen moved that the Annual Report be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. 328 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BLUE RIDGE PARKWAY-ENVIRONMENTAL POLICY: The City Manager submitted a written communication recommending adoption of a resolution supporting an alternative to the proposed Blue Ridge Parkway Draft General Management Plan/Environmental Impact Statement dated September 2011, with modifications. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39273-121911) A RESOLUTION recommending adoption of Alternative C of the proposed Blue Ridge Parkway Final Draft General Management Plan/Environmental Impact Statement dated September 2011, with modifications to address concerns of the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 202.) Council Member Lea moved the adoption of Resolution No. 39273-121911. The motion was seconded by Council Member Rosen. Tom Carr, Director, Planning, Building and Development advised that the current Blue Ridge Parkway General Management Plan was a comprehensive plan to layout the management strategy for the Parkway over the next 20 years, and added that the plan presents three alternatives in connection with the management of the Parkway. He explained the alternatives, noting that Alternative C included reaching out to surrounding areas and linking the Parkway to promote tourism; and Alternative C would expand parkway programs in the Roanoke area and add staff at Explore Park and the Mill Mountain Discovery Center. I 1 1 1 1 1 329 He further advised that none of the presented alternatives encompasses what Roanoke has adopted as principles for healthy living; and noted that the resolution outlines what is a positive change for the Parkway and will be submitted for inclusion as comments to the management plan. Dr. M. Rupert Cutler and Eric Young appeared before the Council and expressed their support of the resolution endorsing Alternative C. (See written comments on file in the City Clerks Office.) Vice-Mayor Trinkle and Council Member Bestpitch commented on the proposed Blue Ridge Parkway Final Draft General Management Plan. Both expressed appreciation to the administration for their work. Council Member Bestpitch also commended Katherine Fox and Landon Howard, Roanoke Valley Convention and Visitors Bureau for Roanoke being a tourist designation, especially connecting Roanoke to the Parkway. The Mayor inquired about the next steps and if an advocacy committee should be formed to pursue the matter; whereupon, the City Manager advised that staff would meet with stakeholders and will take into consideration all comments, and was committed to establishing an action plan for implementation. There being no additional questions and/or comments by the Council Members, Resolution No. 39273-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. PUBLIC ART: The City Manager submitted a written communication recommending approval and transfer of funds in connection with the Public Art A~tion Plan for 2012. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39274-121911) A RESOLUTION approving a Public Art Action Plan for 2012. (For full text of resolution, see Resolution Book No. 75, page 205.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39274-121911. The motion was seconded by Council Members Bestpitch and Price. 330 Susan Jennings, Arts and Culture Coordinator, spoke in support of the Arts Plan 1 and shared information regarding four public art project proposals for 2012: . Big Belly Solar Compactors: o Partnership with Solid Waste Management o Regional artists will be asked to submit designs for the compactors o They will be wrapped using chosen designs o Percent for art funds of $1 ,000.00 o Target areas include portions of Hurt Park, Mountain View and Old Southwest . Purchase Trojan Dog from Art in Roanoke (AIR) Exhibition o Partnership Project with Raleigh Court Civic League o Trojan Dog recreated in fiberglass by artist Ann Glover o Sources - RCCL grant ($5,798.00) and Percent Funds ($4,900.00) o Expenses $10,500.00 - fabrication and installation $125.00 - permanent sign o To be located on Memorial Avenue at Fire Station . Williamson Road Library Temporary Art Project o Collaboration with Hollins University Art Professor, Libraries and Breckinridge Middle School o January 2012 o Students from Hollins will work with Breckinridge Middle School 1 students to create art on the front windows of new teen center o Opening to tie in with Marginal Arts Festival in February 2012 o Expenses of $500.00 . Hurt Park Bus Shelter - Salem Avenue at 13th Street, S. W. o Ride Solutions $3,000.00 o Valley Metro $12,000.00 to $15,000.00 o Percent for Art $3,000.00 o Neighborhood applying for funds through Neighborhood Grant Program . Total Percent for Art Budget for 2012 o Total in Percent for Art Account $61,900.00 o 2012 Expenses -Big Bellies 1,000.00 -Trojan Dog 4,900.00 -Williamson Road Library 500.00 -Hurt Park Bus Shelter 3,000.00 o Total Expenses $ 9,400.00 Remainder of funds in the Percent for Art account are for maintenance and the NEA conservation grant. (See copy of presentation on file in the City Clerk's Office.) 1 1 1 I 331 Following remarks from Ms. Jennings and positive comments by the Council, Resolution No. 39274-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#39275-121911) AN ORDINANCE to transfer funding from Percent for the Arts capital project to various new art projects, amending and reordaining certain sections of the 2012 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 206.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39275-121911. The motion was seconded by Council Members Bestpitch and Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. CITY EMPLOYEES: The City Manager submitted a written communication recommending approval of additional holiday leave on Friday, December 23, 2011, for all City employees. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39276-121911) A RESOLUTION closing certain City offices Friday, December 23, 2011, and providing for additional holiday leave for all City employees. (For full text of resolution, see Resolution Book No. 75, page 207.) 332 Vice-Mayor Trinkle moved the adoption of Resolution No. 39276-121911. The 1 motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. DEDICATIONS-SIDEWALKS-STREETS-EASEMENTS: The City Manager submitted a written communication recommending acceptance of dedications of public rights-of-way and public easements for streets, sidewalks and management of stormwater, upon certain terms and conditions. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39277-121911) A RESOLUTION authorizing acceptance by the City Manager, or the City Manager's designee, of dedications of certain public rights-of-way and public easements for streets, sidewalks and the management of stormwater. (For full text of resolution, see Resolution Book No. 75, page 208.) 1 Council Member Rosen moved the adoption of Resolution No. 39277-121911. The motion was seconded by Council Member Lea and Vice-Mayor Trinkle adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. EASEMENTS-VERIZON VIRGINIA, INC.-EQUIPMENT-SCHOOLS: The City Manager submitted a written communication recommending execution of a deed of easement to Verizon Virginia, Inc., for installation of a communication system to serve the Roanoke City Public Schools Operation Center. (For full text, see communication on file in the City Clerk's Office.) 1 I 1 1 333 Council Member Rosen offered the following ordinance: (#39278-121911) AN ORDINANCE authorizing the conveyance of a 10-foot wide by 1,080-foot long above ground and underground utility easement across City- owned property identified as Roanoke City Public Schools Operation Center (former William Ruffner Middle School), and designated as Tax Map No. 6460102, 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. 75, page 210.) Council Member Rosen moved the adoption of Budget Ordinance No. 39278- 121911. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: The City Manager offered the following comments: Eat for Education Campaiqn: · Featured in an article in "Governing Magazine" last week. · Campaign was presented as an example of a city working with outside organizations to create a positive from what could be seen as a negative. · Article highlighted positive achievements by Roanoke City Public Schools which were made possible by the additional funding. Sixth Annual Holiday Career and Lifestyle Fair: · Wednesday, December 28,2011, from 9:00 a.m. to 1 :00 p.m. · Roanoke Civic Center Special Events Center. . Admission is free for attendees. · The event benefits job seekers living in the region, as well as native Roanokers returning home for the holidays with thoughts of moving back to their hometown. 334 . Sponsors: o National College, o The Renick Group, o WDBJ-7, and o The City's Department of Economic Development. . More than 50 organizations will be represented at this year's event. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Comprehensive Annual Financial Report for Fiscal Year 2011. (For full text, see Comprehensive Annual Financial Report on file in the City Clerk's Office.) Ms. Shawver advised that the Comprehensive Annual Financial Report and the Comprehensive Annual Financial Report from the Pension Plan would be discussed at the January 3,2012 Informal Session of Council at 9:00 a.m. 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 requesting appropriation of funds in connection with the 2011-12 Title III-A Limited English Proficiency Grant; 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: (#39279-121911) AN ORDINANCE to appropriate funding from the Federal grants for various educational programs, amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 211.) 1 1 1 1 1 1 335 Council Member Rosen moved the adoption of Budget Ordinance No. 39279- 121911. The motion was seconded by Council Member Price and Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, 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: NONE. At 3:21 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 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. 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. 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 David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 336 PRESENTATIONS AND ACKNOWLEDGMENTS: 1 ACTS OF ACKNOWLEDGMENT-YOUTH-ART: The Mayor recognized and presented Certificates of Appreciation to the th Annual Fire Prevention Week Art Contest winners. 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, December 19, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on request from Eugene Whitesell, on behalf of Pheasant Ridge Investors, LLC, to amend Proffered Condition Nos. 1, 2, and 6, as set forth in the Second Amended Petition to Amend Proffered Conditions filed on September 15, 2004, and accepted by City Council by the adoption of Ordinance No. 36883-101804, as they pertain to the parcel of land at 4428 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460165, such amendment of proffers changing the reference to the development plan pertaining to the subject property, allowing all uses otherwise allowed in the MX, Mixed Use District, altering the layout of landscaping on the subject property, and allowing for the addition of a 26 space parking lot, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times 1 on Friday, December 2 and Friday, December 9, 2011. (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 request to expand off-street parking, finding that the suburban design and steep topography of the development's private streets unsafe and inconvenient pedestrian access from on-street parking; and that the proffered landscaping would help mitigate the visual and environmental impacts of the parking area. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39280-121911) 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 certain proffers accepted by the adoption of Ordinance No. 36883-101804, on October 18, 2004, pertaining to certain property located at 4428 Pheasant Ridge Road, S. W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 212.) 1 1 1 1 337 Council Member Rosen moved the adoption of Ordinance No. 39280-121911. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if 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. 39280-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. EASEMENTS-APPALACHIAN POWER COMPANY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 19,2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to grant above ground utility easements across City-owned property, identified as Official Tax Map Nos. 3041224, 3042005, 4250301 R, 4340102,4170101 R, 4250101 R, and 4250102R, to Appalachian Power Company, in order to install support structures and related cable/wires to build a 138 kV transmission line connecting the Huntington Court Substation to the Roanoke Substation in the City of Roanoke, upon certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 9,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a Deed of Easement with Appalachian Power Company, subject to certain conditions, 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 Ferris offered the following ordinance: (#39281-121911) AN ORDINANCE authorizing the conveyance of permanent above ground utility easements, in varying lengths and widths, across City-owned property designated as Tax Map Nos. 3041224, 3042005, 4250301 R, 4340102, 4170101 R, 4250101 R, and 4250102R, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 213.) 338 Council Member Ferris moved the adoption of Ordinance No. 39281-121911. I The motion was seconded by Council Member Bestpitch. The Mayor inquired if 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. 39281-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-EASEMENTS-ROANOKE VALLEY SWIMMING, INC.: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 19, 2011 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal to convey approximately 1.36 acres of City- owned property located at 1130 Overland Road, S. W., to Roanoke Valley Swimming, Inc., designated as Roanoke City Official Tax Map No. 1380101A, which property has previously been leased to Roanoke Valley Swimming, Inc., known as the Gator Pool Swimming Facility; and further convey an ingress/egress easement across City-owned 1 property, designated as a portion of Roanoke City Official Tax Map No. 1380101, to allow Roanoke Valley Swimming, Inc., to access the conveyed parcel, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 9, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of a deed, subject to approval as to form by the City Attorney, and execution of a license agreement permitting Roanoke Valley Swimming to use the adjacent parking lot jointly with Roanoke City Schools. (For full text, see communication on file in the City Clerk's Office.) 1 1 1 1 339 Council Member Rosen offered the following ordinance: (#39282-121911) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being approximately 1.36 acres, located at 1130 Overland Road, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1380101A, to Roanoke Valley Swimming, Inc. ("RVS"); authorizing the City Manager to convey an ingress/egress easement to RVS over a portion of City-owned property designated as Tax Map No. 1380101; authorizing the City Manager to enter into a license agreement with RVS for the use of a parking lot on certain adjacent City-owned property, 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. 75, page 215.) Council Member Rosen moved the adoption of Ordinance No. 39282-121911. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no further questions and/or comments by the Council Members, Ordinance No. 39282-121911 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 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 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 Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. 340 CITY ATTORNEY: Council Member Price offered the following resolution 1 appointing an Acting City Attorney for the City of Roanoke: (#39283-121911) A RESOLUTION electing and appointing Timothy R. Spencer as Acting City Attorney for the City of Roanoke effective January 1, 2012, and setting forth the terms and conditions of employment for Mr. Spencer as Acting City Attorney. (For full text of resolution, see Resolution Book No. 75, page 216.) Council Member Price moved the adoption of Resolution No. 39283-121911. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:27 p.m. APPROVED ATTEST: ~In. '1'<>.v Stephanie M. Moon, MMC City Clerk ~--- David A. Bowers Mayor 1 1