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HomeMy WebLinkAboutMins 09/07/10 - 07/18/11 I I I 1 REGULAR SESSION--ROANOKE CITY COUNCIL September 7, 2010 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, September 7, 2010, at 9:00 a.m., in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular MeetinQs, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010, with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price (arrived late), 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. 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.) Vice-Mayor Trinkle 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, Lea and Mayor Bowers-6. (Council Member Price was not present when the vote was recorded.) 2 CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2010 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. I (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-6. NAYS: None-O. (Council Member Price was not present when the vote was recorded.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: I NONE. At 9:07 a.m., the Mayor declared the meeting in recess for a Legislative Committee meeting, and thereafter, to be reconvened for a joint meeting of the Council and Roanoke Civic Center Commission. At 10:15 a.m., the Council meeting reconvened in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, for a joint meeting of City Council and the Roanoke Civic Center Commission with Mayor David A. Bowers and Chairman Paul Anderson presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Ray 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. OFFICERS PRESENT: Christopher P. Morrill, City Manager, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. I I I I 3 CIVIC CENTER COMMISSION MEMBERS PRESENT: Brownie Polly, Judy Jackson, and Chairman Paul Anderson-3. ABSENT: Commission Members Woody Deans, Thomas Pettigrew, and Laura Rawlings-3. Representing Roanoke Civic Center Commission: Chris Connolly, General Manager, Global Spectrum; Robyn Schon, Assistant General Manager, Global Sp~ctrum; and June Woodward, Secretary to the Commission. Mayor Bowers welcomed everyone to the meeting. Chairman Anderson gave opening remarks, expressing appreciation to the Council for the opportunity to provide an update regarding matters of mutual interest and concern. He shared information regarding privatization of the catering and concession facilities at the Civic Center and in summary, commented on the first year of management under Global Spectrum and the shows/performances in connection with the economy. (See written comments on file in the City Clerk's Office.) Additional comments were shared by Commission Members Polly and Jackson. (See written cqmments on file in the City Clerk's Office.) The General Manager reported that the Civic Center is trying to go Green to save costs and be classified as a LEED Certified building. Mr. Connelly pointed out that advertising sales have increased by 50 percent including the addition of three companies to come on board to advertise in the Civic Center. Ms. Schon commented that the Civic Center was now a Coke facility and able to sell alcoholic beverages during events. Comments bv Roanoke City Council: Council Member Bestpitch inquired about the possibility of utilizing the Special Events Center as a conference center; whereupon, Mr. Connelly explained that the building was not equipped for that usage because of no breakout rooms and more suited for consumer shows. He further inquired about parking and the consideration of signage on the side of the building. Mr. Connelly explained that parking was a major concern and added that ESI was contracted to maintain the parking lots. 4 Council Member Price expressed appreciation for bringing Michael Baisden to Roanoke and raising awareness for non-profits and the need for mentors in the area. I Mayor Bowers thanked the Commissioners for their continuing efforts and support of Global Spectrum and the City of Roanoke. There being no further business, Chairman Anderson adjourned the Commission meeting at 11 :24 a.m. There being no further business, Mayor Bowers declared the Council meeting in recess at 11 :24 a.m. At 11 :33 a.m., the informal session of the Council reconvened for briefings, with Mayor Bowers presiding and all Members of the Council in attendance. BRIEFINGS: Review of Council Policy on HUD Funds Steve Rossi, Chair, HUD Review Taskforce introduced the taskforce members who were in attendance, Sherman Pennix, Frederick Gusler and Frank Baratta. Mr. Baratta briefed the Council regarding the HUD Policy Task Force summary of process I and recommendations: Background "vuntfimW_~dw'.. " Q Current policy adopted in 2001 Q Neighborhood Selection Task Force - 2002 Cd Key features o Allocation o Targeting o 3 and out o Future commitments I 5 I Background . b'rc,a,.,,:j>;."&"J' ,.m"'"n,,'Y""";;-4''''+''.'''''_?4 !Ii Reasons for process: o Periodically review all processes o Varying degrees of success in three target neighborhood revitalization efforts per the policy o Significant planning done by staff since the policy was adopted, with numerous additional needs identified o Changing market conditions, particularly in housing o Administrative issues, e.g. compliance with policy I Review by Staff Team h'''6'S'''''':., '-.".AXMiUob"",."",.}".:.,j, o Findings and recommendations o The focus on housing needs to be revisited o There is strong demand for human services, infrastructure and park improvements o Targeting is preferable to the previous method, which dispersed funds citywide o Success in targeting requires an engaged neighborhood organization I 6 Membership Criteria 1:4iI::"'~ ~ ".~~ ".)1 II Professional expertise relevant to the use of HUD grant funds. EJ3 Experience and/or knowledge of HUD grant funds. !I Diversity in expertise and background. Iii] Neutrality with regards to specific neighborhoods. Task Force Objectives r....':...',.y..;%0AWHth. .." ,. "0/'0."_ [j Evaluation of the policy's implementation ~ Recommendations for changes to the policy I D Recommendations for the next target area( s) J I I I 7 I Task Force Process 1;'/", .,~ --%v.t::...M"!,0J,~,;:"";",'Vl'.'1 ~ 11 meetings and a field trip over 2 months o Analyzed census & city data to o Evaluate policy & its implementation o Select future target areas o Target selection based on: [J Needs AND Opportunities [J Data was the basis, but not sole factor [J Neighborhoods were unit of analysis, but recommendations aren't by neighborhood boundary I Task.Force: General Conclusions [l Overall the policy has been implemented as intended, but some aspects of the policy should be considered for modification o Homeownership is difficult to achieve; quality rental housing is needed as well [l More Economic Development is needed D Maintaining the current flexibility of the policy is necessary I 8 Task Force Recommendations: I Target Area Selection IY"i\" '..",''';,'."'' ';" "-"""":FIi ,_ I]) The Task Force recommends that specific concentrated revitalization projects for target areas should be created from its list (next slide) after further research and evaluation by Staff. Target areas are listed in no particular order I ) I 9 I Task Force Recommendations: Policy j;,;;;:: ;:0::-'=;:;;;::;:; III Adjust the allocation percentages: o Housing, from 57% to 50% o Economic Development, from 22.5% to 25% o Human Development, from 10% to 13% o Neighborhood Development, from 10 to 11.5% I Task Force Recommendations: Policy k0~="""~~.,'eI'\"""" ""_mil E!J Lower the % devoted to neighborhood targeting from 70% to 51 % due to commitments of CDBG funds Q Revise "3 years-and-out" rule to include conditional performance requirements Ui.l Maintain "buffer" to aim for 90% of the caps but allow flexibility to 95% o Establish indicators to better measure success I 10 Next Steps t;;~.", .,,';,;;;;,;,,;,,;;:,. :",~ I!'a Public Meeting: September 9,2010, EOC IE] Final report to Council in October o If approved: Positive changes for human services programs o Most of policy remains the same o Staff will begin a 'charrette' process to determine the best target area, return to Council with recommendation o Questions? (See copy of presentation on file in the City Clerk's Office.) Following questions and comments by the Council regarding CDBG funds for housing; human services included after-school programs; and ideas on funds for private landlords, the Mayor expressed appreciation to the Taskforce members for the informative presentation. 2010 Leaf Collection ProQram Skip Decker, Solid Waste Manager, briefed the Council on the City's existing leaf collection program and proposed changes for the new season. He advised that a ten minute video highlighting composting and mulch mowing will be shown on RVTV and Myroanoke. Mr. Decker shared the following information on the upcoming fall leaf collection program: I I I I I 2;Q1 Ii) Program PrOPQsams ~ I 11 12 I Corom u,rrl'i'cationJs I . BrQad Range of Contact Methods ~ W!eb/Facebook/Twitter ~ Nei.ghbQrhood Newsletters ~ Civic Center Marquee ~ RVTV ~ PSA (Loca_l TV/Radio) ~ Direct Mailing via Postcard to Each Resident ~ . . . . . . I I I I le,af Bags Enforceme'flt N;()n~IBagged (See copy of presentation on file in the City Clerk's Office.) 13 14 Comments: Based upon inquiries from Council Member Rosen about the cost difference between a direct mailer to all households and a sticker applied to the trash container at each household, Mr. Decker stated that a direct mailer to all households would cost approximately $14,000.00, and the direct cost for stickers, including temporary labor would cost approximately $8,500.00, which may not be efficient for drivers of automated trash collection trucks to apply stickers. However, City staff would investigate the matter and report its findings to the Council. Concerns having been expressed by Council Member Lea regarding limitations of the elderly and physically challenged being unable to rake or mow their leaves, Mr. Decker agreed to work with neighborhood organizations, community groups and volunteer organizations to raise an awareness of opportunities to help those in need of assistance with managing their leaves. In-depth discussion was held with regard to exclusive use of biodegradable paper bags instead of a limited number of plastic bags for leaf collection. Council also identified a desire for citizen input on the leaf collection program, and suggested that City staff approach the Citizens for Clean and Green Committee to identify whether they could support the use of biodegradable paper bags in lieu of plastic bags for leaf collection. Following discussion of the matter, it was the consensus of the Council that implementing a paper-bag only collection this year was preferable to a phased reduction of plastic bags. In addition, Council urged staff to find an alternative to mailing an informational flier to households, in order to save said expense, and recommended lowering the administrative fee to $50.00 for this year instead of $100.00, which action would be taken, in the form of a code amendment, at a future Council meeting. (See copy of memorandum from the City Manager under date of September 24, 2010, in response to Council's questions and comments.) At 12:48 p.m., the informal briefing session was declared in recess for a Closed Meeting, and 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 meeting reconvened with Mayor David A. Bowers presiding and all Members of the Council in attendance. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price and Mayor David A. Bowers- 7. ABSENT: None-O. I I I I I I 15 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: SISTER CITIES COMMITTEE-ACTS OF ACKNOWLEDGEMENT: The Mayor recognized students from Roanoke Sister City-Opole, Poland; and presented them with Honorary Citizenship Certificates. ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Vice-Mayor Trinkle offered the following resolution as a means of recording its deepest regret and sorrow at the passing of John P. Fishwick and extends to his family its sincerest condolences: (#38936-090710) A RESOLUTION memorializing the late John P. Fishwick. (For full text of resolution, see Resolution Book No. 74, page 411.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38936-090710. 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. The Mayor presented a ceremonial copy of Resolution No. 38936-090710 to Mr. Fishwick's widow, Doreen H. Fishwick. ECONOMIC DEVELOPMENT: Jay E. Foster appeared before the Council and shared a video to promote living in Roanoke that was produced through the City's Creative Connectors. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. 16 HUMAN SERVICES-CODE ENFORCEMENT: Kevin Kopitzke, 2241 Byrd Avenue, S. W., appeared before the Council and expressed concern regarding unsafe conditions for human occupancy due to infestation of insects in a residence adjacent to his property. I (See copy of his comments on file in the City Clerk's Office.) Without objection by the Council, Mr. Kopitzke's remarks were referred to the City Manager and City Attmney for report back to the Council. (See copy of response from the City Attorney dated of September 14, 2010, on file in the City Clerk's Office.) GREENW A YS: Barbara Duerk appeared before the Council and express concern that recent street paving projects did not adequately accommodate bicycles. Without objection by the Council, Ms. Duerk's comments were referred to the City Manager for appropriate response. (See copy of e-mail from the City Manager regarding complete streets and street paving on file in the City Clerk's Office.) TAXES-SCHOOLS: Colonel Robert Craig appeared before the Council and I expressed his concern regarding the delinquent payment of meal taxes by Vice-Mayor Trinkle. He also reminded the City of its fiduciary responsibility to be good stewards of City funds. CITY GOVERNMENT: Robert Gravely appeared before the Council and spoke about the negative impact on the City of Roanoke. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, June 7, 2010, Monday, June 21,2010, and Tuesday, July 6,2010, were before the body. (See copy of Minutes on file in the City Clerk's Office.) I I I I 17 Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea and Price and Mayor Bowers-7. NAYS: None-O. CENSUS-ACTS OF ACKNOWLEDGEMENT: A communication from William M. Hatcher, Regional Director, United States Census Bureau, transmitting a Certificate of Appreciation for the City's support in raising awareness and inspiring participation in the 2010 census, was before the Council. (See Certificate of Appreciation on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the communication and Certificate of Appreciation 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. OATHS OF OFFICE-INDUSTRIAL FACILITY AUTHORITY-ROANOKE ARTS COMMISSION-PENSIONS-HOUSING: Reports of qualification of the following individuals were before the Council: Council Member William D. Bestpitch as a City representative to the Virginia's First Regional Industrial Facility Authority and the New River Valley Commerce Park Participation Committee, respectively, to fill the unexpired terms of Council Member Court G. Rosen ending June 30, 2012; Taliaferro Logan as a member of the Roanoke Arts Commission to fill the unexpired term of David Brown ending June 30, 2011; William M. Babb as a City representative of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2012; and 18 R. Gail Burruss as a Commissioner to the Roanoke Redevelopment and Housing Authority ending August 31, 2014; and as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board, for a term of three years ending June 30,2012. 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. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-GRANTS-POLlCE: The City Manager submitted a written communication recommending acceptance and appropriation of funds for 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.) Council Member Rosen offered the following resolution: (#38937-090710) 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. 74, page 412.) I I I I I I 19 Council Member Rosen moved the adoption of Resolution No. 38937-090710. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Council Member Rosen offered the following budget ordinance: (#38938-090710) AN ORDINANCE to appropriate funding from the U. S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a multi-purpose highway safety grant (Driving Under the Influence and Motor Vehicle Occupant Protection), amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of budget ordinance, see Ordinance Book No. 74, page 413.) Council Member Rosen moved the adoption of Budget Ordinance No. 38938- 090710. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. GRANTS-LIBRARIES: The City Manager submitted a communication recommending acceptance and appropriation of funds for the AmeriCorps Grant awarded to the Roanoke public libraries. (For full text, see copy of communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#38939-090710) A RESOLUTION authorizing acceptance of the AmeriCorps Grant from the Commonwealth of Virginia, Department of Social Services, Division of Community and Volunteer Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 414.) 20 Council Member Price moved the adoption of Resolution No. 38939-090710. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Council Member Price offered the following budget ordinance: (#38940-090710)' 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 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of budget ordinance, see Ordinance Book No. 74, page 415.) Council Member Price moved the adoption of Budget Ordinance No. 38940- 090710. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. GREENWAYS-BUDGET: The City Manager submitted a written communication recommending acceptance of a donation of funds for the Roanoke River Greenway Trail extension through Vic Thomas Park from Pathfinders for Greenways, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38941-090710) A RESOLUTION accepting a donation of funds from Pathfinders for Greenways, Inc., to the City to fund construction of the remainder of a trail connection; authorizing the City Manager to take any necessary actions pertaining to such donation; and expressing the City's appreciation for such donation. (For full text of resolution, see Resolution Book No. 74, page 416.) I I I I I I 21 Council Member Bestpitch moved the adoption of Resolution No. 38941-090710. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Council Member Bestpitch offered the following budget ordinance: (#38942-090710) AN ORDINANCE to appropriate funding from the Pathfinders for Greenways, Inc. for the development of a section of the Roanoke River Greenway in Vic Thomas Park, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of budget ordinance, see Ordinance Book No. 74, page 417.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38942- 090710. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. DONA TIONS-NEIGHBORHOOD-ORGANIZA TIONS-LANDMARKS: The City Manager submitted a written communication recommending acceptance and appropriation of a donation of funds from Cityscape, LLC, for Wasena National Register Historic District Survey and Inventory. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38943-090710) A RESOLUTION accepting a donation of funds from Cityscape LLC to the City to assist in the nomination of the Wasena neighborhood for inclusion on the Virginia Landmark Register and the National Register of Historic Places; authorizing the City Manager to take any necessary actions pertaining to such donation; and expressing the City's appreciation for such donation. (For full text of resolution, see Resolution Book No. 74, page 418.) 22 Council Member Bestpitch moved the adoption of Resolution No. 38943-090710. The motion was seconded by Council Members Lea and Price and adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Council Member Bestpitch offered the following budget ordinance: (#38944-090710) AN ORDINANCE to appropriate funding from Cityscape LLC for the survey and inventory of the Wasena neighborhood, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of budget ordinance, see Ordinance Book No. 74, page 419.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38944- 090710. The motion was seconded by Council Members Lea and Price and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor I Bowers-7. NAYS: None-O. CITY CODE-SOLID WASTE: The City Manager submitted a written communication recommending an amendment of the City Code to clarify the intent of trash collection services for developed properties in the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#38945-090710) AN ORDINANCE amending and reordaining Section 14.1-15, General container reauirements, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 419.) Council Member Lea moved the adoption of Ordinance No. 38945-090710. The motion was seconded by Vice-Mayor Trinkle. I I I I 23 Council Member Rosen commented on private haulers for apartment complexes, and asked about the criteria related to providing services at multi-family complexes; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, explained that services are related to the number of Big Blue containers provided by the City, not the number of units in a development complex. The City Manager added that a landlord must provide facilities for trash pickup befitting the development in question. Following additional comments regarding the criteria, Ordinance No. 38945- 090710 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. CITY MANAGER COMMENTS: CITY MARKET-FESTIVALS: Mr. Morrill noted that the Market Building closed on September 4 and said that the City needs to go out of its way to provide information to citizens about this critical project; and he pointed out that the fence with its graphic wraps were both installed and updates are on the City's website. He also reminded everyone that the Henry Street Heritage Festival will take place Saturday, September 11 in Elmwood Park and the Virginia Statewide Neighborhood Conference will be held from September 23 - 25, at the Hotel Roanoke and Conference Center. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: CELEBRATIONS-BLUE RIDGE PARKWAY: Vice-Mayor Trinkle offered the following resolution recognizing the 75th Anniversary of the Blue Ridge Parkway and commending the Blue Ridge Parkway 75 organization for bringing together the many Parkway communities for a gala celebration of this milestone in our shared history: / (#38946-090710) A RESOLUTION paying tribute to the Blue Ridge Parkway upon its 75th Anniversary. (For full text of resolution, see Resolution Book No. 74, page 421.) 24 Vice-Mayor Trinkle moved the adoption of Resolution No. 38946-090710. The motion was seconded by Council Member Rosen and adopted by the following vote: I AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Mayor Bowers announced that there will be a send-off event on Mill Mountain on Wednesday, September 8, 2010, at 10:00 a.m. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: HUMAN/SOCIAL SERVICES-YOUTH-FINANCIAL PLANNING: Regarding an item from an earlier Council agenda, Council Member Bestpitch expressed concern that youth group-home placements are taking place outside the City of Roanoke, such as Lynchburg, Virginia, and suggested that the City encourage the foster home concept. In connection with remarks made by Council Member Bestpitch, Mayor Bowers I suggested a six-month examination period (January/February 2011), preceding discussion of the proposed 2011-2012 fiscal year budget. The City Manager stated that he would like the Lynchburg group home facility to be just a back-up option. Council Member Bestpitch pointed out that the City Manager remarked at the June 7, 2010 Informal Session that the five-year plan for Reserve Avenue would be discussed during City Council Retreat on August 30; however, it did not happen. Mr. Morrill commented the plan would be added to an upcoming CIP briefing. Regarding foster care, Council Member Price asked for an update with regard to where the City is in terms of recruiting, as well as youth curfew violations vis-a-vis Youth Haven. SCHOOLS: Vice-Mayor Trinkle requested an update regarding Eat for Education Campaign. . The Director of Finance reported that the July revenues from the two percent meals tax increase outperformed projections: $374,000.00 versus the $359,000.00 forecast, adding that one month was not enough to establish a trend. (See copy of email from the City Manager dated October 6, 2010 on file in the City Clerk's Office.) I I I I 25 SISTER CITIES: Mayor Bowers called attention to the two local performance dates for the students from Opole scheduled to be held on September 11 at Hollins University and September 17 in the Grandin Road Village. He also mentioned the Vic Thomas Park Dedication and requested a 30-day advance notice regarding the ceremonial date. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to vacancies created by the resignation of Alyssa Peters and the expiration of the term of office of Brian Gibson as members of the Roanoke Neighborhood Advocates for terms ending June 30, 2010; whereupon, he opened the floor for nominations: Vice-Mayor Trinkle placed in nomination the names of Rena E. Cromer and Anthony Tate. There being no further nominations, Ms. Cromer was appointed to replace Alyssa Peters and Mr. Tate was appointed to replace Brian Gibson as members of the Roanoke Neighborhood Advocates for terms ending June 30, 2013, by the following vote: FOR MS. PETERS AND MR. TATE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD: The Mayor called attention to the expiration of four-year terms of office of Barbara A. Botkin and Warner N. Dalhouse as members of the Architectural Review Board ending October 1, 2010; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Barbara A. Botkin and Warner N. Dalhouse. There being no further nominations, Ms. Botkin and Mr. Dalhouse were reappointed as members of the Architectural Review Board for terms of four years, each, ending October 1, 2014, by the following vote: 26 FOR MS. BOTKIN AND MR. DALHOUSE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to the expiration of the three-year term of office of Daniel E. Woolridge ending September 30, 2010. Inasmuch as Mr. Woolridge has served three consecutive terms of office, he is not eligibility for an additional term; whereupon, he opened the floor for nominations: Vice-Mayor Trinkle placed in nomination the name of Richard F. Walters. There being no further nominations, Mr. Walters was appointed to replace Daniel E. Woolridge as a member of the Roanoke Civic Center Commission for a three- year term of office ending September 20,2013, by the following vote: FOR MR. WALTERS: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. CITY OF ROANOKE FINANCE BOARD-OATH OF OFFICE: The Mayor called attention to the expiration of the two-year term of office of Sherman M. Stovall as a City representative of the City of Roanoke Finance Board on June 30, 2010; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Brian K. Redd. There being no further nominations, Mr. Redd was appointed to replace Sherman M. Stovall as a City representative of the City of Roanoke Finance Board for a term of office ending June 30,2012, by the following vote: FOR MR. REDD: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. VIRGINIA MUNICIPAL LEAGUE- ENVIRONMENTAL QUALlTY- TRANSPORTATION: The Mayor called attention to vacancies on the Virginia Municipal League Environmental Quality Policy Committee and Transportation Policy Committee; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Christopher Blakeman and Mark Jamison. . There being no further nominations, Mr. Blakeman was appointed to serve as the City's representative to the VML Environmental Quality Policy Committee, and Mr. Jamison was appointed to serve as the City's representative to the VML Transportation Policy Committee, by the following vote: I I I I I I 27 FOR MESSRS. BLAKEMAN AND JAMISON: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. AIRPORT COMMISSION-OATH OF OFFICE: The Mayor called attention to a vacancy created by the resignation of James M. Turner, Jr., as a City representative of the Roanoke Airport Commission for a term ending March 9, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Cynthia D. Lawrence. There being no further nominations, Ms. Lawrence was of appointed as a City representative of the Roanoke Regional Airport Commission to fill the unexpired term of James M. Turner, Jr., ending March 9, 2011, by the following vote: FOR MS. LAWRENCE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. COUNCIL: With respect to the Closed Meeting just concluded, Council Member Ferris moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters were identified in any motion by which any Closed meeting was convened were heard discussed or considered by City Council. The motion was seconded by Council Members Lea and Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. There being no further business, the Mayor declared the Council meeting adjourned at 3:44 p.m. APPROVED ATTEST: ~m./1l1l~ Stephanie M. Moon, CMC City Clerk ~~-..~ ~~~'--"--~ David A. Bowers Mayor 28 September 20,2010 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 20, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members 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 Stephanie M. I Moon, City Clerk. The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, and Trinity Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: PROCLAMATIONS: The Mayor declared September 27, 2010, as Family Day-A Day to Eat Dinner With Your Children. (See ceremonial copy of proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGMENT: The Mayor recognized and presented to Ann H. Shawver, Director of Finance, a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral I. to the City Manager will be referred immediately for response, recommendation or report to Council. I I I 29 COMPLAINTS: Robert Gravely appeared before Council and spoke about the delinquent meal tax payment received from Vice-Mayor David B. Trinkle, as well as the lack of affordable housing and jobs in the City of Roanoke. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, July 19, 2010; and Monday, August 2, 2010, were before the body. (See copy of Minutes on file in the City Clerk's Office.) Council Member Rosen moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. -~' NAYS: None-O. MINUTES: Minutes of the Audit Committee meeting held on Wednesday, September 1, 2010, were before the Council. (See copy of Minutes on file in the City Clerk's Office.) Council Member Rosen moved that the minutes of the Audit Committee meeting be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 30 OATHS OF OFFICE- YOUTH SERVICES CITIZEN BOARD-CIVIC CENTER COMMISSION~ROANOKE NEIGHBORHOOD ADVOCATES: Reports of qualification of the following individuals: Jeff S. Philips as a member of the Youth Services Citizen Board for a term of office ending May 31 , 2012; Richard F. Walters as a member of the Roanoke Civic Center Commission for a term of three years ending September 30, 2013; Marion Vaughn-Howard as a member of the Youth Services Citizen Board for a term ending May 31,2012; and Rena E. Cromer and Anthony S. Tate as members of the Roanoke Neighborhood Advocates for terms ending June 30, 2013. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: TOTAL ACTION AGAINST POVERTY: Rick Sheets, Director of Energy Conservation and Rehabilitation, Total Action Against Poverty, appeared before Council and gave a brief presentation regarding the expansion of weatherization services to income-eligible residents. He reported that TAP was awarded a $1 million Federal grant, half of which the City would receive, and the funds are designated for upgrading geothermal systems in residences. He added that he and city staff will work together to identify which residences will receive the systems. I I I I I 31 In closing, Mr. Sheets expressed appreciation to the City administration for their support, the Citizens for Clean and Green Committee, Sean McGinnis, Director of the Virginia Tech Green Engineering Program, and Billy Weitzenfeld, Executive Director of the Association of Energy Conservation Professionals. (For full text, see copy of report on file in the City Clerk's Office.) \ Without objection by the Council, the Mayor advised that the presentation would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: BRIEFINGS: Countryside Property Reuse: The City Manager, Director of Planning Building and Development, and Planning Administrator gave an overview of the Countryside property and highlighted the following information: . Background o Vision 2001-2020 recommended housing cluster development o Purchased in 2005 for purposes of mixed-use development o Two attempts to identify a developer o Pursued continuation of golf course · $1.5 million in capital improvements needed · extension of the operating agreement for five years · interim management agreement ($75,000.00 per year) . Public Golf Course Performance o Nationally, 1990s and 2000s were a period of overbuilding of courses o Growing imbalance between supply of courses and demand by golfers beginning in mid-1990s · Number of courses up 24% · Decrease of 8,000 rounds per course o Many courses trapped in a downward spiral · 60 percent report lowered maintenance standards · almost 90 per cent deferring capital expenditures o 1 00-200'courses will close every year for the next 10 years o 2008 Construction Cost Estimates . Municipal Golf Course Performance o 16 Virginia local governments surveyed o none posted net income for more than two years o 9-hole courses do not fare better than 18-hole courses o average subsidy is $302K o Net operating income - average of aI/localities surveyed 32 o 1990s - new courses built in Roanoke MSA increased the supply of public courses by 50 percent (four courses to six) o population increase for Roanoke MSA was 5.1 percent . Municipal Golf Course Considerations o Fundamentally different from other parks and recreation facilities · Access provided to citizens · Limited target market (average golfer income is in the $60 - 65K range) o Expect an operating subsidy each year o Expect to fund capital improvements and ongoing repairs/maintenance/ periodic replacements . Current Situation o Financial situation resulted in the need to defer capital improvements o No finalization of management contract given delay in improvements o Golf course closed o City staff directed to work with community on a process to develop alternative development strategies for the property . The Opportunity o Scarce land resource for new development o Create new residential development o Create jobs through economic development o Enhance recreational amenities needed in the area o Add value to the area . City Plans to be Considered o Vision 2001 - 2020 o Peters Creek North o Parks and Recreation Master Plan o Greenway plans o Housing plan . Community Involvement o Five community meetings o Six focus groups o Open-house follow up o Excellent attendance o E-mail correspondence o Slideshare a useful involvement tool o Neighborhood o Recreation o Economic development o Realtors o Homebuilders o Planning Commission . Common Ground o All want something that adds value to the properties surrounding the former golf course o The City and the citizens are all concerned about property values I I I I I I 33 o Urgency to find a path forward; uncertainty is harmful o Area near 1-581 an important gateway o Land between Ranch Road, Mattaponi Drive, and Countryside Road most critical area in terms of adjacency o Cove Road needs attention . Planning Approach o The property should be considered as a community-wide opportunity o Responsive to recommendations and needs identified in existing plans o Ensure development enhances community o Development that is financially sustainable o Creates a sense of place and is uniquely Roanoke o Respects a visible gateway to Roanoke . Challenges o RPZ restrictions o Topography o Street access o Airport noise o Fragmentation of property o Variety of surrounding uses to be considered . Planning Opportunities o Largest land area currently available in Roanoke o No environmental cleanup o Visibility o Strong neighborhood association o Address identified needs of the area o Proximity to William Fleming High School o Greenway route o Can be approached in different pieces with unique character o Proximity to retail, airport, 1-81 o Good to excellent adjacent development o Potential for expansion of Trane . Planning Areas · Recommended Path Forward o Create a master plan with a focus on each unique area o Continue process that keeps the community engaged in planning o The Planning Commission should have a prominent role o Involve other professionals (planners, lawyers, engineers, real estate, marketing, etc.) o Approximately six months to develop a master plan o Different parts of the property may develop at different times, depending on market, opportunities, and participation by developers . Conclusion o The land is an opportunity to meet long standing community needs and goals (For full text, see copy of presentation on file in the City Clerk's Office.) 34 Discussion: I Vice-Mayor Trinkle asked staff to publicize the link for "Slideshow" to allow citizens to see the proposed reuse of the property; he commented about the 21-acre tract on Laurel Ridge, such as proposed greenways, plus wetlands and other community usages as well as athletic fields in the central area. He requested that City staff identify how the City could have wetlands as part of the area, and determine the best route for the greenway and recreational opportunities. Council Member Rosen comments included his desire to have a feasibility study done for areas being designated for residential deveiopment; and he hoped the plan for the area would add recreational opportunities for residents. Council Member Price asked how development of the property would impact the Cove Road area, adding that the City needed to provide a walking track or greenway to allow exercise opportunities for residents. She also said that if private entities express interest in developing the property, City staff should bring forward those proposals. Council Member Ferris asked the City Manager to explain the problems connected with the Runway Protection Zone regarding development, stating that his understanding was that all serious offers to develop the property would be brought to City Council and that, to his knowledge, no offers have been made at this time. He also I pointed out that there have been issues with maintenance of the Mattaponi and Countryside sections of the property and asked staff to assure him that they will do their best to maintain new development in the abovementioned areas. Council Member Bestpitch comments included a request for community involvement in the creation of the Master Plan. He also asked what input realtors and builders offered City staff regarding whether there is a market for the projects that will . result from the Master Plan. He identified Laurel Ridge as some of the most upscale housing in the northwest quadrant of the City and asked why the area was not considered critical with regard to adjacency. He further asked that staff be careful about developing the former Countryside property in a way that would negatively impact Laurel Ridge; and he was of the opinion that the City never really communicated to the public effectively the fact that Countryside was initially up for sale with no controls over the usage of the property, adding that the current situation allows an opportunity to use the property to the best advantages for the City. Mayor Bowers' comments included his assertion that as the Plan is rolled out, the City needs to stick with it -- work the plan and know your timeline. In addition, he said that the City needs to identify costs for the annual operational investment and capital investments as it moves forward with the Plan and consider whether it is practical to make the financial investments. I I I I 35 Finally, the Mayor stated that the Countryside neighborhood wanted assurance that there will be green space as well as a commitment from City Council that no other use will be considered. Several Members of Council requested that City staff explore the possibility of using the existing buildings on the property for recreational opportunities. There being no further comments by the Council, the Mayor declared the .Council meeting in recess at 4:00 p.m., to be reconvened for a public interview to consider Tim Witten and Russ Barksdale to fill a vacancy on the Roanoke Redevelopment and Housing Authority due to the expiration of the four-year term of office of Cheryl Miller on August 31,2010. At 4:15 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. At 4:30 p.m., the Council conducted a public interview with Russ Barksdale for the purpose of filling the vacancy on the Roanoke Redevelopment and Housing Authority for a term of office ending August 31, 2014. Mayor Bowers announced that the CounCil had agreed to conduct a public interview with Tim Witten during the 7:00 p.m. session of the Council since he was unable to attend the 2:00 p.m., session due to the illness of his daughter. ITEMS RECOMMENDED FOR ACTIONS: GRANTS-HABITAT FOR HUMANITY: The City Manager submitted a written communication recommending execution of Amendment No. 2 to the FY 2009 CDBG/HOME-funded Agreement with Habitat for Humanity in the Roanoke Valley, Inc., for housing activities in the City's Hurt Park Neighborhood (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38947-092010) A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 2 to the FY 2009 Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Agreement with Habitat for Humanity in the Roanoke Valley, Inc. ("Habitat"), for housing activities in the City's Hurt Park neighborhood. (For full text of resolution, see Resolution Book No. 74, page 423.) 36 Council Member Lea moved the adoption of Resolution No. 38947-092010. The I motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER. GREENWAYS: The City Manager shared that on Saturday, September 18, Roanoke Parks and Recreation held a greenway courtesy checkpoint event in Smith Park from 7:30 a.m. to 12:00 Noon. In addition, he announced a Prescription Drug "Take-Back" collection event would be held on September 25 from 10:00 a.m. to 2:00 p.m., at the Civic Center. And in response to citizen inquiries received by the City, Mr. Morrill shared that Halloween would be observed on Sunday, October 31 and that any programs and special events for the occasion sponsored by Downtown Roanoke, Inc., would occur on Saturday, October 23,2010. CITY CLERK: CITY ATTORNEY- CITY CLERK- DIRECTOR OF FINANCE-MUNICIPAL I AUDITOR CITY ATTORNEY: The City Clerk submitted a written communication advising of the expiration of the two-year terms of office of the City Attorney, City Clerk, Director of Finance and Municipal Auditor on September 30,2010. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle concurred in the reappointment of Stephanie M. Moon as City Clerk; William M. Hackworth as City Attorney, Ann H. Shawver as Director of Finance, and Troy A. Harmon as Municipal Auditor for a term of two-years, each, commencing October 1, 2010 and ending September 30, 2012. The motion was seconded by Council Member Price and unanimously adopted. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report recommending appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that the Council concur in the request of the Roanoke City School Board. (For full text, see reports on file in the City Clerk's Office.) I I I I 37 Council Member Rosen offered the following budget ordinance: (#38948-092010) 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 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of resolution, see Ordinance Book No. 74, p~ge 424.) Council Member Rosen moved the adoption of Ordinance No. 38948-092010. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: ECONOMIC DEVELOPMENT AUTHORITY: Vice-Mayor Trinkle offered the following resolution appointing A. Damon Williams as a Director of the Economic Development Authority for the City of Roanoke for a term of four years commencing . October 21, 2014: (#38949-092010) A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 426.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38949-092010. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 38 NATIONAL LEAGUE OF CITIES: Vice-Mayor Trinkle offered the following I resolution designating Council Member Sherman P. Lea as a Voting Delegate and Council Member Anita J. Price as an Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities on Saturday, December 4, 2010, in Denver, Colorado: "A RESOLUTION designating a Voting Delegate and Alternate for the Annual Business Meeting of the National League of Cities." Vice-Mayor Trinkle moved the adoption of the Ordinance. The motion was seconded by Council Member Ferris. Council Members Lea and Price advised that they had conflicts in schedules and would be unable to attend the Conference. Following discussion of the matter, Vice-Mayor Trinkle moved that the motion to adopt the abovementioned ordinance be withdrawn. The motion was seconded by Council Member Ferris and unanimously adopted. Mayor Bowers asked the other Members of Council to check their schedules and advise the City Clerk of their availability to attend the Conference in Denver, Colorado. MOTION AND MISCELLANEOUS BUSINESS: I INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL: Mayor Bowers referenced receipt of a communication from Ralph L. Fuller, Marketing Director, the Roanoke Valley Community Band, requesting funding in the amount of $1,200.00 for its 2011 spring concert at the Jefferson Center. The Mayor asked the City Manager to review and consider the request made to the City. (See copy of communication dated September 12, 2010 from Ralph Fuller Roanoke Valley Community Band and a written response from the City Manager dated October 20,2010 on file in the City Clerk's Office.) At 4:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. The recessed meeting of the Roanoke City Council reconvened at 7:00 p.m., in the City Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. I I I I 39 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. 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 Boy Scout Troop No. 17, St. John's Episcopal Church. The Mayor and Members of Council sent get well wishes to Andrea R. Johnson, Administrative Assistant in the City Clerk's Office. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor recognized the U. S. Kids Care participants, and advised that the U. S. Kids Care is an organization that strives to build young leaders through community service. He presented the participants with a certificate of appreciation. ARCHITECTURAL REVIEW BOARD-ACTS OF ACKNOWLEDGMENT: Derek Cundiff, member of the Architectural Review Board; and Erica Taylor, City Planner II, recognized and presented winners with Outstanding Preservation/Renovation Projects Awards which was 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, September 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Home Depot U.S.A., Inc., to amend Proffered Condition No. 14 and repeal Proffered Condition No. 17, as set forth in the Third Amended Petition to Amend Proffered Conditions and Proffers of Conditions filed on July 29, 2005, and accepted by City Council by the adoption of Ordinance No. 37159-081505, as they pertain to the parcel of land at 4176 Franklin Road, S. W., bearing Official Tax No. 5470104, such amendment of proffers to allow for the outdoor storage and display of goods and merchandise, as set forth in the Application for an Amendment of Proffered Conditions dated July 12, 2010, the matter was before the body. 40 Legal advertisement of the public hearing was published in The Roanoke Times I on Friday, September 3, and Friday, September 10,2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the request to amend and repeal proffers. . (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38950-092010) 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, by amending and repealing certain conditions presently binding upon certain property conditionally zoned CG, Commercial-General District; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 427.) Council Member Rosen moved the adoption of Ordinance No. 38950-092010. The motion was seconded by Council Member Lea. Mary Trott, Agent, appeared before the Council in support of the petitioner. I The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. Council Member Lea commended Home Depot on its role in the community. There being no further comments by the Council Members, Ordinance No. 38950-092010 was adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris; Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-D. I I I I 41 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 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Iglesia De Dios Pentecostal M.1. to rezone property located at 3454 Cove Road, N. W., Official Tax Nos. 6440211 and 6440210, from R-7, Residential Single Family District, to IN, Institutional District, for a place of worship, subject to the conditions that the property will be developed in substantial conformity to a development plan prepared by DEG Design & Services dated 8/17/10, subject to any changes made during comprehensive development plan review; that the Church will be developed in substantial conformity with the exterior elevations on a plan prepared by DEG Design & Services dated February 2, 2010; and that light levels shall not exceed 0.5 foot candle measured at the property lines, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 3, and Friday, September 10, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval, finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Peters Creek North Neighborhood Plan; and the request further provides for the continued mix of churches, schools, and commercial centers within the City's neighborhoods that allow residents to obtain a variety of services in closed proximity to their homes. Council Member Bestpitch offered the following ordinance: (#38951-092010) AN ORDINANCE to amend Section 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 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. 74, page 428.) Council Member Bestpitch moved the adoption of Ordinance No. 38951-092010. The motion was seconded by Council Member Lea. David Greer, Agent, appeared before the Council in support of the petitioner. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. 42 Council Member Price expressed concern with regard to an increase in traffic on I Cove Road in relation to the request of Iglesia De Dios Pentecostal M.I.; whereupon, Mr. Greer advised that services would mostly take place on Wednesday evenings and Sundays and based on the traffic study conducted, there would be no increase in traffic on those days. He also indicated that he had met with the Traffic Engineer and it was determined that no additional traffic lanes were needed. Council Member Lea commented that he was pleased to have the Church in the neighborhood. Council Member Rosen suggested that new sidewalks be installed. There being no further questions and/or comments by the Council Members Ordinance No. 38951-092010 was adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, 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, I September 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Scott and Ascension Horchler to rezone property located at 1321 Morningside Street, S. E., bearing Official Tax No. 4130501, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, for the purposes of establishing a mixed-use building containing a dwelling unit and a meeting hall, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 3, and Friday, September 10, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Morningside/Kenwood/Riverdale Neighborhood Plan; and allowing for a mixed-use building containing a residential unit and meeting hall is appropriate considering the property's size, will ensure its renovation and upkeep, and will not alter the current character of the site. (For full text, see report on file in the City Clerk's Office.) I I I I 43 Council Member Rosen offered the following ordinance: (#38952-092010) AN ORDINANCE to amend Section 36.2-100, Code of the 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. 74, page 430.) Council Member Rosen moved the adoption of Ordinance No. 38952-092010. The motion was seconded by Vice-Mayor Trinkle. Scott Horchler appeared before the Council in support of his request. 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 comments by the Council Members, Ordinance No. 38952- 092010 was adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. CITY CODE-ZONING-BUILDINGS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Planning Commission to amend subsection (b) of Section 36.2-416, Mixed use buildings and live-work units, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit residential uses to be located on the first floor of a mixed-use building in the MXPUD District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 3, and Friday, September 10, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission recommended approval of the amendment. (For full text, see report on file in the City Clerk's Office.) 44 Council Member Bestpitch offered the following ordinance: (#38953-092010) AN ORDINANCE amending and reordaining Section 36.2-416, Mixed use buildinas and live-work units, of Chapter 36.2, ZoninQ, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 431.) Council Member Bestpitch moved the adoption of Ordinance No. 38953-092010. The motion was seconded by Council Member Ferris. 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 comments by the Council Members, Ordinance No. 38953- 092010 was adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. OTHER BUSINESS: HOUSING-HURT PARK REDEVELOPMENT PLAN: The City Manager submitted a written report recommending termination of the Redevelopment Plan for the Hurt Park Community Development Project. (For full text, see copy of the report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38954-092010) A RESOLUTION approving the City of Roanoke Redevelopment and Housing Authority (RRHA) Resolution No. 3597, which will terminate and vacate the Redevelopment Plan for the Hurt Park Community Development Project; and providing for the City Clerk to take certain actions. (For full text of resolution, see Resolution Book No. 74, page 433.) I I I I I I 45 Vice-Mayor Trinkle moved the adoption of Resolution No. 38954-092010. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. (According to Paragraph three of Resolution No. 38954-092010, the City Clerk is hereby directed to file a copy of the RRHA Resolution No. 3597 with the minutes of this meeting in the City Clerk's Office. See below.) CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY RESOLUTION NO: 3597 Meeting Date: June 28, 2010 Agenda Item Number: 4 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY TERMINATING THE REDEVELOPMENT PLAN FOR THE HURT PARK COMMUNITY DEVELOPMENT PROJECT. WHEREAS, by Resolution of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority (RRHA) dated October 20, 1975, RRHA approved the Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 (the "Redevelopment Plan"); and WHEREAS, the Roanoke City Council did approve and adopt the Redevelopment Plan; and WHEREAS, since May 2007, RRHA and the City of Roanoke have been engaged in carrying out activities in the Hurt Park area under the terms of the "HURT PARK NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) PLAN" (the "NRSA Plan"); and WHEREAS, the project area designated in the Redevelopment Plan is included within the 157 acres, more or less, that is covered by the NRSA Plan; and WHEREAS, RRHA has determined that the Objectives of the Redevelopment Plan largely duplicate the goals and objectives of the current NRSA Plan, and thus the Redevelopment Plan is duplicative and no longer serves any useful purpose; and 46 WHEREAS, there appears to be no further need for further acquisition or disposition of real property under the terms of the Redevelopment Plan (as distinct from the NRSA Plan) by RRHA; and WHEREAS, RRHA has determined that continued existence of the Redevelopment Plan is no longer necessary and that the property owners within the boundaries of the Redevelopment Plan will not be adversely effected by the termination of the Redevelopment Plan; and WHEREAS, RRHA has given an appropriate public notice of its intent to consider this resolution terminating the Redevelopment Plan, in order to advise all past and present owners, lessees or successors in interest of property located within the project area, or on the boundaries of the project area, as well as all persons who might be considering the purchase or lease of such properties, of RRHA's intent to terminate the Redevelopment Plan. NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 be and the same is hereby terminated and vacated and said termination and vacation is hereby recommended to Roanoke City Council for its consideration and approval; and FURTHER BE IT RESOLVED that this Resolution shall become effective immediately upon its adoption and the Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 shall be terminated effective immediately upon action by the City Council of the City of Roanoke. HOUSING-DEANWOOD REDEVELOPMENT PLAN: The City Manager submitted a written report recommending termination of the Redevelopment Plan for the Deanwood Community Development Project. (For full text, see copy of the report on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38955-092010) A RESOLUTION approving the City of Roanoke Redevelopment and Housing Authority (RRHA) Resolution No. 3598, which will terminate and vacate the Redevelopment Plan for the Deanwood Community Development Project; and providing for the City Clerk to take certain actions. (For full text of resolution, see Resolution Book No. 74, page 436.) I I I I I I 47 Council Member Lea moved the adoption of Resolution No. 38955-092010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. (According to Paragraph three of Resolution No. 38955-092010, the City Clerk is hereby directed to file a copy of the RRHA Resolution No. 3598 with the minutes of this meeting in the City Clerk's Office. See below.) CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY RESOLUTION NO: 3598 Meeting Date: June 28, 2010 Agenda Item Number: 5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY TERMINATING THE REDEVELOPMENT PLAN FOR THE DEANWOOD COMMUNITY DEVELOPMENT PROJECT. WHEREAS, the Board of Commissioners of the Roanoke Redevelopment and Housing Authority (IIRRHAII) duly approved the Redevelopment Plan for the Deanwood Community Development Project dated January 1975, as amended by Amendment No. 1 dated October 9, 1984, Amendment No. 2 dated July 1985, and Amendment No.3 dated September 1994 (the IIRedevelopment Planll); and WHEREAS, the Roanoke City Council did approve and adopt the Redevelopment Plan and all of the amendments to the Redevelopment Plan; and WHEREAS, RRHA has determined that the Objectives of the Redevelopment Plan have been substantially accomplished, and that there is no need for further acquisition or disposition of real property within the project area by RRHA; and WHEREAS, RRHA has determined that continued existence of the Redevelopment Plan is no longer necessary and that the property owners within the boundaries of the Redevelopment Plan will not be adversely effected by the termination of the Redevelopment Plan; and 48 WHEREAS, RRHA has given an appropriate public notice of its intent to consider this resolution terminating the Redevelopment Plan, in order to advise all past and present owners, lessees or successors in interest of property located within the project area, or on the boundaries of the project area, as well as all persons who might be considering the purchase or lease of such properties, of RRHA's intent to terminate the Redevelopment Plan; and NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the Deanwood Community Development Project dated January 1975, as amended by Amendment No. 1 dated October 9, 1984, Amendment No. 2 dated July 1985, and Amendment No. 3 dated September 1994, be and the same is hereby terminated and vacated and said termination and vacation is hereby recommended to Roanoke City Council for its consideration and approval; and FURTHER BE IT RESOLVED that this Resolution shall become effective immediately upon its adoption and the Redevelopment Plan for the Deanwood Community Development Project dated January 1975, as amended by Amendment No.1 dated October 9, 1984, Amendment NO.2 dated July 1985, and Amendment No.3 dated September 1994 shall be terminated effective immediately upon action by the City Council of the City of Roanoke. HOUSING-GAINSBORO REDEVELOPMENT PLAN: The City Manager submitted a written report recommending approval of Amendment No. 5 to the Redevelopment Plan for the Gainsboro Community Development Program Area. (For full text, see copy of the report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38956-092010) A RESOLUTION approving Amendment No. 5 dated June 2010 to the Redevelopment Plan for Gainsboro Community Development Program Area; providing for an effective date of such Amendment No.5; and providing for the City Clerk to take certain actions. (For full text of resolution, see Resolution Book No. 74, page 439.) I I I I I I 49 Council Member Rosen moved the adoption of Resolution No. 38956-092010. The motion was seconded by Vice-Mayor Trinkle and Council Member Lea and adopted by the following vote: AYES: Council Member Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. (According to Paragraph three of Resolution No. 38956-092010, the City Clerk is hereby directed to file a copy of Amendment No.5 to the Redevelopment Plan for Gainsboro Community Development Program Area with the minutes of this meeting in the City Clerk's Office. See below.) REDEVELOPMENT PLAN FOR GAINSBORO COMMUNITY DEVELOPMENT PROGRAM AREA AMENDMENT NO.5 ROANOKE, VIRGINIA June 2010 City of Roanoke Redevelopment and Housing Authority The Redevelopment Plan for the Gainsboro Community Development Program Area (commonly referred to as the "Gainsboro Redevelopment Plan") was approved by Roanoke City Council on January 10,1972, which plan generally provided for the renewal of the Gainsboro area as a residential neighborhood. Amendment No. 1 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on January 19, 1976. The general purpose of said amendment was to lower site preparation costs by the adjustment of new street rights-of-way and by making adjustments in residential land use and residential densities to more adequately reflect economic conditions that existed at the time of the amendment. Amendment No. 2 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on September 12, 1983. The general purpose of said amendment was to allow the rehabilitation/conservation of residential structures. Amendment No. 3 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on December 8, 1983. The general purpose of said amendment was to eliminate certain provisions from the plan in order to allow for the development of motels in Light Industrial Land Use Areas. 50 Amendment No. 4 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on April 26, 1993. The purpose of said amendment was to bring the Plan Exhibits into conformity with what existed at the time; to provide for the revitalization of the Hotel Roanoke/Henry Street commercial area in general and the deve,lopment of a modern hotel-conference center complex in conjunction with the renovation of the Hotel Roanoke; to make changes in land uses so as to bring them into conformity with the City of Roanoke's Zoning Districts; and to address the preservation and revitalization of historic, residential neighborhoods. I This Amendment No. 5 to the Gainsboro Redevelopment Plan is for the purpose of conforming the provisions of the plan dealing with the acquisition of real property to reflect changes in applicable State law, so as to remove the use of eminent domain as a tool for acquisition of property except in certain, narrowly-defined circumstances and to condition any future use of eminent domain on further findings and actions by the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority. This Amendment also seeks to amend certain provisions of the Gainsboro Redevelopment Plan in order to reflect developments that have occurred since the plan was last amended. This Amendment No. 5 amends and supplements the provisions of the Gainsboro Redevelopment Plan as in effect after approval of Amendment No.4. Except to the extent repealed, revised, or amended in this Amendment No.5, all provisions of the Gainsboro Redevelopment Plan as in effect after approval of Amendment No.4 shall remain in full force and effect. I A. DESCRIPTION OF COMMUNITY DEVELOPMENT PROGRAM AREA. The Boundary Description of the Gainsboro Community Development Area (the "Gainsboro Redevelopment Area") shall continue to be as set forth in Amendment No. 4 to the Gainsboro Redevelopment Plan. B. DEVELOPMENT GOALS AND OBJECTIVES. The Development Goals and Objective of the Gainsboro Redevelopment Plan are as set forth in Amendment NO.4 to the Gainsboro Redevelopment Plan, except that all provisions addressing acquisition of property in the Gainsboro Redevelopment Area by the City of Roanoke Redevelopment and Housing Authority ("RRHA"), including I I I I but not limited-to Sections B.1.a, B.1.d, B.2.b.1, B.2.d.1 and B.3.f.11, shall be subject to the provisions of Section D of this Amendment No. 5 to the Gainsboro Redevelopment Plan. c. GENERAL LAND USE PLAN. The Land Use Plan as set forth in Amendment No. 4 to the Gainsboro Redevelopment Plan shall remain in effect, except that any acquisition of property in the Gainsboro Redevelopment Area by RRHA shall be subject to the provisions of Section D of this Amendment No. 5 to the Gainsboro Redevelopment Plan. Section C.3 of Amendment No. 4 to the Gainsboro Redevelopment Plan provides that the regulations and land use provisions set out in that Amendment No. 4 "shall be in full force and effect until September 1, 2001." Nothing in this Amendment No. 5 to the Gainsboro Redevelopment Plan shall be construed to alter, amend or modify in any way any contractual obligations set forth in any agreement for the purchase or lease of property in the Gainsboro Redevelopment Area acquired from RRHA prior to the effective date of this Amendment No.5, nor shall it be construed to alter, amend or modify any obligations set forth in any deed or other disposition document(s) for property sold or leased by RRHA under the provisions of the Gainsboro Redevelopment Plan or any amendments thereto. D. PROJECT PROPOSAL. The provisions of Section D of Amendment No. 4 to the Gainsboro Redevelopment Plan are deleted in their entirety, and replaced with the following provisions: To the extent property in the Gainsboro Redevelopment Area has not previously been redeveloped and/or rehabilitated in a manner consistent with the terms of the Gainsboro Redevelopment Plan, RRHA may use any of the following techniques to achieve and/or assist in such redevelopment and/or rehabilitation. RRHA's ability to use any of the techniques described in this Section D is dependent on the availability of funding from the City of Roanoke to permit RRHA to pursue activities under the Gainsboro Redevelopment Plan, as RRHA has no funds of its own which can be used to pursue such activities. 51 52 1. Land Acquisition. I a. From and after the date of the approval of this Amendment No. 5 to the Gainsboro Redevelopment Plan, RRHA will focus on redevelopment through private, voluntary transactions with owners of properties in the Gainsboro Redevelopment Area, either through voluntary acquisition of properties if requested or agreed to by the property owner(s) or through partnerships to support owner redevelopment of the properties. RRHA has no . present plans to acquire any additional properties in the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s). RRHA does not intend at this time to use the power of eminent domain to acquire additional properties in the Gainsboro Redevelopment Area. However, eminent domain will be considered in very narrow circumstances as permitted under Virginia Code 91-219.1, but only based on additional future action by the Board of Commissioners of RRHA. b. From and after the date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, RRHA will no longer actively seek to acquire properties in the Gainsboro Redevelopment Area. However, RRHA reserves the right to initiate a request for voluntary acquisition if RRHA's Board of Commissioners approves and authorizes such a request. I c. RRHA will consider acquisition of real property located within the Gainsboro Redevelopment Area, whether or not such property was previously designated as property "To be Acquired," if requested by the property owner(s) or with the agreement of the property owner(s). RRHA will consider acquisition of properties in the Gainsboro Redevelopment Area only on the bases set forth below. (i) Acquisition of Real Property by Use of Eminent Domain (1) From and after the date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, RRHA will not acquire property in the Gainsboro Redevelopment Area through the use of eminent domain except in the following limited circumstances: I I (a) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the property is .~ abandoned. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (a) determining that the property is abandoned; (b) identifying the source of the funds to be used for acquisition of the property; and (c) authorizing the use of eminent. domain. (b) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the acquisition is needed to clear title where one of the owners agrees to such acquisition. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (a) identifying the source of the funds to be used for acquisition of the property; and (b) authorizing the use of eminent domain. I (c) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the acquisition is by agreement of all the owners. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (a) identifying the source of the funds to be used for acquisition of the property; and (b) authorizing the use of eminent domain. (d) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the property is itself a blighted property. However, any such acquisition shall be conducted under, and in accordance with, the provisions of Virginia Code 936-49.1 :1. (2) Voluntary Acquisition of Real Property. I (a) RRHA currently does not intend to acquire additional properties in the Gainsboro Redevelopment Area, but if approached by the owner or owners of properties in the Redevelopment Area RRHA will consider purchases of property within the Gainsboro Redevelopment Area through a voluntary transaction with the owner(s) RRHA shall not, however, be obligated to purchase a property solely because the owner or owners may have requested that RRHA acquire the property. 53 54 (b) RRHA also reserves the right to initiate a request for such voluntary acquisition if its Board of Commissioner's approves and authorizes such a request. I 2. Rehabilitation and Conservation. RRHA may seek to provide assistance in residential property rehabilitation. The residential property rehabilitation standards made a part of Amendment No. 4 to the Gainsboro Redevelopment Plan shall remain in effect, except that in the event of any conflict between any provisions of the residential property rehabilitation standards and any provisions of the Building Regulations of the City of Roanoke ("Building Regulations"), or the Zoning Regulations of the City of Roanoke ("Zoning Regulations"), the Building Regulations and/or Zoning Regulations shall control. Gainsboro or other technical needing To facilitate rehabilitation activities within the Redevelopment Area, RRHA, its agents, subcontractors may provide financial and assistance to qualified owners of properties rehabilitation, but shall not be obligated to do so. I 3. Owner Rehabilitation/Redevelopment. RRHA will seek to encourage owner rehabilitation/ redevelopment of properties within the Gainsboro Redevelopment Area. RRHA will consider a plan of development by an existing property owner for said owner's property/properties if the proposed development plan complies with the provisions and intent of the Gainsboro Redevelopment Plan, as amended, and may enter into a contractual agreement with the owner for rehabilitation/ redevelopment of the property. RRHA may consider providing assistance to owners, in the form of loans or grants of funds, to facilitate the construction, reconstruction or rehabilitation of properties, but RRHA shall not be obligated to provide any such assistance. I I 4. Disposition of Property. From and after the date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, any property within the Gainsboro Redevelopment Area acquired by RRHA will be disposed of by sale or lease for redevelopment or rehabilitation by private enterprise or by public enterprise, or else will be used for public rights-of-way or development or enlargement of public areas, except that RRHA may, at is discretion, utilize acquired property for rehabilitation purposes and delay disposition of such property until such time as rehabilitation has been completed. 5. Proposals for Low and Moderate Cost Housing I In administering assistance in rehabilitation and/or redevelopment of property in the Gainsboro Redevelopment Area, in considering proposed development plans for properties located in the GainsboroRedevelopment Area, and in making decisions about the disposition and use of any property acquired under the Gainsboro Redevelopment Plan, as amended, RRHA shall endeavor to provide for the development of housing within the Gainsboro Redevelopment Area at a sales price or rental rate not exceeding that which can be afforded by low and moderate income individuals and families. 6. Developer Obligations. Any developer acquiring property in the Gainsboro Redevelopment Area from RRHA shall be subject to the following conditions which shall be implemented by appropriate covenants running with the land or other provisions in disposition documents. a. The developer shall begin and complete the development of the land within the time specified in the disposition documents. I 55 56 b. The developer shall retain the interest acquired until the completion of construction and development of the land so acquired, pursuant to this Plan and shall not sell, lease or transfer the interest acquired or any part thereof prior to such completion of construction and development, eXQ.ept that RRHA may give written consent to such a sale, lease or transfer with appropriate conditions to ensure that the purchaser, lessee or transferee will comply with the terms of this Plan. I c. The developer shall comply with such other conditions as are necessary in the judgment of RRHA to ensure that the purposes of Title 36 of the 1950 Code of Virginia, as amended, are carried out. d. Nothing in this Amendment No. 5 to the Gainsboro Redevelopment Plan shall be construed to alter, amend or modify in any way any contractual obligations set forth in any agreement for purchase of property in the Gainsboro Redevelopment Area acquired from RRHA prior to the effective date of this Amendment No.5, nor shall it be construed to alter, amend or modify any obligations set forth in any deed or other disposition document(s) for property sold by RRHA under the provisions of the Gainsboro Redevelopment Plan or any amendments thereto. I 7. Underground Utilities. Within the Gainsboro Redevelopment Area, overhead utility lines will be placed underground as required by the City of Roanoke, insofar as practicable. E. OTHER PROVISIONS NECESSARY TO MEET REQUIREMENTS OF APPLICABLE STATE OR LOCAL LAW. In connection with this Amendment No. 5 to the Gainsboro Redevelopment Plan, RRHA has not conducted or commissioned any formal study of the conditions in the Gainsboro Redevelopment Area to determine whether it continues to meet the definition of a "blighted area" under the definition contained in Virginia Code S36-3, or to determine which individual properties might qualify as "blighted property" under the definition contained in Virginia Code S 36-3. Rather, the purpose of this Amendment No.5 to the Gainsboro Redevelopment Plan is to provide RRHA I I with the means to continue to address the conditions set out in Amendment No. 4 to the Gainsboro Redevelopment Plan in a manner consistent with current State law. 1. This Amendment No. 5 to the Gainsboro Redevelopment Plan provides an outline for the continued development! redevelopment of the Gainsboro Redevelopment Area. 2. Based on available information and observations, many of the conditions identified in Amendment No. 4 to the Gainsboro Redevelopment Plan (including the conditions identified in Sections E.1 of Amendment No. 4 to the Gainsboro Redevelopment Plan) still exist in parts of the Gainsboro Redevelopment Area and have not been addressed, or have not been addressed fully, by activities under the Gainsboro Redevelopment Plan or by private action in the Gainsboro Redevelopment Area. Parts of the Gainsboro Redevelopment Area continue to be appropriate for rehabilitation and redevelopment treatment through the removal, prevention and reduction of blight, blighting influences and other causes of blight. I 3. Despite the re-opening of The Hotel Roanoke and the addition of its Conference Center, other conditions identified in Amendment No. 4 to the Gainsboro Redevelopment Plan have not been addressed, or have not been addressed fully, through redevelopment and/or rehabilitation. 4. As set forth in Section D above, RRHA has no present plans to acquire any additional properties in the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s). From and after the, date of approval of this Amendment NO.5 to the Gainsboro Redevelopment Plan, RRHA will not acquire property in the Gainsboro Redevelopment Area through the use of eminent domain except in the narrowly-defined, limited circumstances set forth in Section D.1.d(1), above, of this Amendment No. 5 to the Gainsboro Redevelopment Plan and only after further action of RRHA's Board of Commissioners. I 57 58 5. The plan for the proposed rehabilitation/redevelopment of properties in the Gainsboro Redevelopment Area continues to be in general conformity with the City of Roanoke's Comprehensive Plan, and has a definite relationship with local objectives as to appropriate land uses and transportation, public utilities, recreation, and community facilities and other improvements. Based on available information and observations, the provisions of Section E. 9 of Amendment No. 4 to the GainsQoro Redevelopment Plan continue to be applicable to the Gainsboro Redevelopment Area. 6. From and after the date of approval of this Amendment No. 5 to the Gainsboro Redevelopment Plan, if RRHA acquires any additional property/properties within the Gainsboro Redevelopment Area such property/properties shall be made available to private enterprise or non- government persons or entities for the purposes of redevelopment in accordance with the terms of this Amendment No.5 to the Gainsboro Redevelopment Plan, or to public enterprise for use as public rights-of-way or for development and/for enlargement of public areas pursuant to the provisions of this Amendment No. 5 to the Gainsboro Redevelopment Plan. iJ, 7. Because RRHA has no present plans to acquire any additional properties in the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s), it is not possible for this Amendment NO.5 to the Gainsboro Redevelopment Plan to indicate the real property to be made available to private enterprise/non-government persons or entities for the purposes of redevelopment, or the land which will be made available to public enterprise for redevelopment. If any real property in the Gainsboro Redevelopment Area is to acquired by RRHA, additional action will be required by the Board of Commissioners of RRHA, at which time the Board of Commissioners will identify the intended use and/or disposition of the real property. I I I I 8. From and after the date of approval of this Amendment No. 5 to the Gainsboro Redevelopment Plan, if RRHA acquires any additional property/properties within the Gainsboro Redevelopment Area, then in evaluating proposals for redevelopment of such property RRHA shall given preference to redevelopment proposals which provide for development and/or rehabilitation of a number of decent, safe and sanitary dwellings at least equal, or substantially equal in number to th~ number of substandard dwellings to be cleared as a part of the redevelopment of the property, at rents within the financial reach of the income groups displaced from such substandard dwellings. To assist in achieving this goal, RRHA will encourage redevelopers to utilize townhouse style designs and to consider construction of buildings designed to include multiple rental units, where appropriate. RRHA will also encourage redevelopers to replace substandard dwelling units with new units that would be affordable by individuals with income levels not exceeding 80% of the Area Median Income. I 9. In determining whether a dwelling unit is considered to be decent, safe and sanitary, RRHA will utilize the criteria set out in Section E.11.c of Amendment No.4 to the Gainsboro Redevelopment Plan. 10. RRHA will offer relocation assistance and services as required under Virginia's Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, as amended (hereafter referred to as lithe Act"), and the related sections of the Virginia Administrative Code, (hereafter referred to as lithe Code") to individuals, businesses and nonprofit organizations that are to be displaced as a result of approved redevelopment activities. The Act and the Code are the basis for this relocation plan and where any provision of this Amendment No. 5 to the Gainsboro Redevelopment Plan is in conflict with the Act or the Code, the Act or the Code shall govern. I 11. From and after the date of approval of this Amendment No. 5 to the Gainsboro Redevelopment Plan, if RRHA acquires any additional property/properties within the Gainsboro Redevelopment Area, then at the time property is made available for rehabilitation, development or redevelopment by public or private enterprise RRHA shall. stipulate in disposition documents that the purchaser(s) or 59 60 lessee(s) shall: (i) use the land for the purpose designated in the Gainsboro Redevelopment Plan; (ii) begin the building of their improvements within a period of time which RRHA fixes as reasonable; and (iii) comply with such other conditions as are necessary to carry out the purposes of the Gainsboro Redevelopment Plan and the purposes of Title 36 of the Code of Virginia (1950), as amended. 12. RRHA believes that this Amendment No. 5 to the Gainsboro Redevelopment Plan does not materially adversely affect the owner, lessee or successor in Interest of any property in the Gainsboro Redevelopment Area affected by the amendment. However, RRHA has provided notice of this proposed Amendment No. 5 to the Gainsboro Redevelopment Plan to all record owners of property in the Gainsboro Redevelopment Area. F. PROCEDURES FOR CHANGES IN APPROVED PLAN. The Gainsboro Redevelopment Plan may be modified from time to time upon compliance with the requirements of law and outstanding covenant rights, provided that prior to the passage of any resolution amending the Gainsboro Redevelopment Plan the owner of any land in the Gainsboro Redevelopment Area previously disposed of by RRHA for use in accordance with the Gainsboro Redevelopment Plan and/or any Amendments thereto shall be sent at least thirty (30) days prior to the consideration of any such resolution by the Roanoke City Council, written notice of the time and place of such Council meeting, and where a copy of the proposed amendment and a precise description of the proposed changes may be inspected. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. PARKING GARAGES: Chris Craft appeared before the Council and expressed concern regarding needed repairs at the Elmwood Parking Garage. I I I I I I 61 HOUSING AUTHORITY: The Council conducted a public interview with Timothy Witten for the purpose of filling the vacancy on the Roanoke Redevelopment and Housing Authority for a term of office ending August 31,2014. There being no further business, the Mayor declared the meeting adjourned at 8:08 p.m. APPROVED ATTEST: ~,hnow Stephanie M. Moon . - I City Clerk David A. Bowers Mayor 62 REGULAR SESSION--ROANOKE CITY COUNCIL October 7, 2010 9:00 a.m. The Council of the City of Roanoke met in regular session on Thursday, October 7, 2010, at 9:00 a.m., in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetinas, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6,2010, with Vice-Mayor David B. Trinkle presiding. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers (arrived late) -6. ABSENT: Council Member Lea-1 . 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. I Moon, City Clerk. 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 Council Member Ferris and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Rosen, and Vice-Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers was not present when the vote was recorded.)(Council Member Lea was absent.) I I I I 63 CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2010 Citizen of the Year Award, pursuant to 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 Ferris and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Rosen, and Vice-Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers was not present when the vote was recorded.)(Council Member Lea was ab~ent.) COUNCIL: A written communication from Council Member Anita J. Price, Chairman, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the performance of an appointee serving on a body appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. (See communication on file in the City Clerk's Office.) Council Member Bestpitch moved that Council concur in the request of the Chair of the City Council Personnel Committee to convene in Closed Meeting as above described. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Rosen, and Vice-Mayor Trinkle-5. NAYS: None-O. (Mayor Bowers was not present when the vote was recorded.)(Council Member Lea was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. 64 TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: HUD Policies Update: Frank Baratta, Budget Team Leader, recapped the briefing as presented during the September 7,2010 informal session of Council, and called attention to the minimum amount of funds available for selected programs, in connection with the proposed changes to the HUD Funds Policy: From September 7.2010 Briefinq . Proposed policy changes: o New target areas and further project planning o Adjusted %s of CDBG to priorities, with funding shifts still allowed to reflect selected requests o Adjusted minimum % of funds targeted o Performance replacement for 3 yrs and out rule o Flexibility in buffer limits for "capped" uses of funds o Study/establish indicators to better measure success Since September 7.2010 Briefinq . Publicized through RVTV, City Website and MyRoanoke . Advertised in Roanoke Times and Tribune . Notice sent to Roanoke Neighborhood Advocates . Public meeting held September 9th Public Response . Ten people attended Sept. 9th public meeting; written comments from one other individual . Input consistent with proposed changes to policy o Promote targeted projects (such as Miller's Hill) o Homeownership drives neighborhood vitality more than rental o Address conversions of large single-family homes into multi-unit rentals o Replacement of 3 year rule benefits community Policy for Council Action . Includes all policy changes discussed at September 7th briefing . Additional changes: o Brief descriptions of priorities added - had concurrence of Task Force o Waiving $25,000 minimum application amount for ESG - has been practice I I I I I I 65 . Regarding rental: o Main CDBG/HOME focus is rehab of existing units o Tools: Zoning (reduced density in 2005), tax abatement (See copy of presentation on file in the City Clerk's Office.) Mr. Baratta noted that the additional changes were in response to public comment on the changes initially proposed. In regard to the policy changes that had been put in place to ensure certain houses were not subdivided, Council Member Price asked if the policies applied to existing housing or only for new applications; whereupon, Mr. Baratta advised that zoning deals with properties that could be developed, however, rehabilitation tax credits deal with existing housing. Council Member Rosen asked what happens when a neighborhood gets down- zoned and setbacks changed in order that a structure is then non-conforming; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, indicated that the structure would be considered legally non-conforming and repairs would be allowed, but no additions could be made that would make the structure any more non-conforming. Council Member Rosen recognized Hurt Park for winning an award at the NUSA Conference. Downtown West District: Christopher L. Chittum, Planning Administrator, gave a brief overview of the proposed Downtown West District, including descriptions of current downtown districts and the proposed Downtown West District, showing its boundaries and explaining the process of implementing the designation of the area to establish public recognition. . '97 downtown plan recommended six districts Market Rail Financial Courthouse Warehouse Uptown · Marketed and recognized as specific places Graphic identity Signs Kiosks Street fixtures 66 West District Participation . Businesses, non-profits, and churches . Four meetings o Name o Identity with downtown Roanoke and DRI o Boundaries o Collaborative efforts I Current Districts & Proposed Downtown West District: f I ~ DAY Proposed Downtown West District MAR HALL '-: Downtown SSD ~_ I :r t;: v~ AY I I I I 67 I mplementation ideas . Entities in district . Create logo/brand . Letterhead & promotional materials · Include on business signs . Events Action . Establishment of the Downtown West District (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Trinkle mentioned his participation in the process, noting that he had ' attended most of the meetings; and acknowledged that he had been a fan of the organic approach to establishing the downtown districts. He also commented that there were a group of businesses that desired an identity and/or an expansion of their identity. In response to Vice-Mayor Trinkle request to address the difference between the downtown districts and the Arts District; Mr. Chittum reported that the downtown districts attach a name to a place, and the Arts and Cultural District is a regulatory district that the Commonwealth of Virginia has enabled so that localities may offer tax breaks. In addition, he remarked that an Arts and Cultural District Plan is currently being developed. Council Member Bestpitch noted the difference between the six districts that had been proposed in 1997 and the current districts, adding that the Rail and Market Districts were part of the original six, and questioned whether the Downtown Arts District and the West Station District have developed organically over time; whereupon, Mr. Chittum answered in the affirmative. Council Member Bestpitch also inquired if the West Station District replaced what had been envisioned as the Warehouse District; whereupon, Mr. Chittum pointed out that Warehouse District was the general area but initially there were no clear boundaries. Council Member Bestpitch then asked about the original Courthouse District. Mr. Chittum pointed out that it was the area near the Courthouse on Church Avenue, but all of the districts were fluid. Council Member Bestpitch asked if the Courthouse would now be considered in the Downtown West District; whereupon Mr. Chittum responded in the affirmative. Council Member Bestpitch raised a questioned regarding the location of the Uptown District; whereupon Mr. Chittum said that it was the northern portion of Old Southwest, which never came to fruition. Council Member Bestpitch asked if the Financial District was the area along Jefferson Street where most of the banks and brokerage firms were located; whereupon, Mr. Chittum said it was. 68 Vice-Mayor Trinkle asked if guidelines would be set for signage in each particular district; whereupon Mr. Chittum stated that organizations and entities in the district would have to come to an agreement on any logos or signs that they would like to display. Vice-Mayor Trinkle questioned if the City of Roanoke and Downtown Roanoke, Inc. (D.R.I.) would have to approve the signage once the district had agreed upon a logo; whereupon, Mr. Chittum answered yes. In conclusion, Vice-Mayor Trinkle stated for the record that D.R.I., YMCA, The Jefferson Center, several churches in the area and certain businesses favored of the concept. Without objection by the Council, the City Manager was authorized to move forward with the proposal. Financial Policies Update: Ann H. Shawver, Director of Finance, reviewed information, as set forth below, about the City's current Reserve Policies: The Importance of Financial Policies . Standard and Poor's ranks establishment of formalized financial policies as one of the most important financial management best practices . Moody's Investors Services cites fund balance policies and debt planning that includes targets and maximum debt levels as two of six critical components of strong municipal management . Fitch Ratings includes policies on debt affordability and fund balances as among the best financial management practices for government issuers At this point, Mayor Bowers entered the meeting (10:05 a.m.) Reserves Current: Budget Stabilization Reserve (BSR) Minimum 5%, Maximum 8% I I I I Budget Stabilization Reserve as a % of General Fund Expenditure Budget 9."" 8."" 7."" 6."" 5."" 4."" 3."" 2.0% 1.0% 0."" 2005 2006 2007 -Target 2008 -Minimum 2009 2010 Sources: City of Roanoke Comprehensive Annual Finandal Reports, FY05-09. FY 2010 data is unaudited. Finding: Roanoke's reserve level insufficient and below peer credits Unreserved (designated & undesignated) General Fund Balance as a % of Revenues 35.0% I 32.6% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% ~ "!"~ 4'" 4'" ':+".0' ~....... 7t(:-O ~o~ <?9 o ~~~~ ~' #,0 ~ '" "', ...i' ~ 4"'~ 4"'~ 4"'~ 4"'~ .#" ".!" o<?",<$>' i!i<}' fI>~ o~ ...:;..",(j s.~o v". ,,#' -?'/j -Moody's Median for all Aa2 Entities -Peer Group Median Source: Moody's Municipal Financial Ratio Analysis Database as of FY 09. City of Roanoke data from FY 09 Comprehensive Annual Financial Report. Note: General Fund Balance includes unreserved, designated and unreserved, undesignated. o ~'?-V!"~ jS" ",0 ;;.~ ~o li> ~ 4"''' (', ",0 0'tz,~ o ~'?-~'lt ~ ,,0 0" o ~ ~,r/;- if" ~~ '" ~~~~ (', ~o ",<< ~ I 69 2~/o 20% 70 Current: Undesignated Fund Balance I $6,000,CXXl Undesignated General Fund Balance $S,OOO,CXXl $4,000,CXXl $3,000,CXXl $2,000,CXXl $l,OOO,CXXl $0 200S 2006 2007 2008 2009 2010 Sources: Citv of Roanoke Comorehen5ive Annual Financial Reports. FY OS-09. FY 2010 data is unaudited. Recommendation: Combine Budget Stabilization Reserve and Undesignated Fund Balance. Policy: Unreserved, Undesignated General Fund Balance of 10% of General Fund Expenditures Unreserved, Un designated General Fund Balance as a % of General Fund Expenditure Budget I 12.0% 10.0% 8.0% 6.0'/0 4.0'/0 2.0% 0.0'/0 2006 2007 2008 2009 . BudgetStabilization Reserve as a % of General Fund Expenditure Budget . Undesignated General Fund as a% of General Fund Expenditure Budget Sources: City of Roanoke Comprehensive AnnualFinancial Reports, FYOS-09. FY 2010 data is unaudited. 2010 2005 I I Economic and Community Development Reserve Economic& Community Development Reserve $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 2005 2006 2007 2008 Sources:CityofRoanoke Comprehensive Annual Financial Reports, FYOS-09. FY 2010 data is unaudited. 2009 2010 Current: Self-Insurance Reserve I Self-Insurance Reserve $6,000,000 $5,000,000 $3,000,000 $1,000,000 $0 -$1,000,000 -$2,000,000 Sources: City of Roanoke Comprehensive Annual Financial Reports, FYOS-09. FY 2010 data is unaudited. I 71 72 Recommendation: I Establish Self-Insurance Reserve as a % of Average Claims . Current City Code stipulation antiquated - $250,000 allocated annually; reserve target 3% General Fund budget . Currently in deficit position due to unfunded accrued liabilities . Code provision ignores actual claims exposure . Recommended reserves o 25% of average self-insured claims and o 10% of average fully-insured premiums and o $1 million additional umbrella Other Recommendations - Reserve Policies . Retain Economic and Community Development Reserve . Revisit Budget Stabilization Reserve once other reserves are established . Fund reserves in this order: o Undesignated reserve of 10% o Self-insured reserve o Budget stabilization reserve of 2% . All of these reserves and related policies subject to biannual review and recommended revision Multi Year Plan for Funding of Reserves . Funding of $250,000 in FY11 budget or .1 % of General Fund budget . Multi year approach, adding $250,000 to $500,000 per year will fully fund all reserves within ten years . Additional allocations possible from year end surplus I Debt Policy Current Policy: Net debt will not exceed 5% assessed value real estate I I Net Debt as a % ofTaxable Assessed Value 5.0% 4.5% 4.0% 3.5% 3.0"10 2.8% 2.5% 2.0% 2.1% 1.5% 1.0% 0.5% 0.0"10 ~ .::t" -l.'I- ,,"' ,,0 .,<' ".... ~ ~ 4'1-" l'" ,,'" ~ o;}.<' ~ ~ 4'" /), 0" ",,'" ~(j .::t~ .::t~ ~-v. -l.'I- 4'" 4'" ~a-"+-' oJS" '/;~\ ,,0' ",'" .:p"- ~d' (J"~ ~ '1-" ," !}. "". ~,(o.r..;, -v. '1-" 4'1-" $>' ,," ," ",,1' ,,~ -Moody's Medianfor all Aa2 Entities -Peer Group Median Sources: Moody's Municipal Financial Ratio Analysis Database as of FY 09. City of Roanoke data from FY 09 Comprehensive Annual Financial Report. Note: Taxable Assessed Value includes Real Estate, PEf"Sonal Property and Public Service Corporation assessed value. Net Debt excludes self. supporting debt, such as payments fortheWestem Virginia Water Authority and Parking fortheCity of Roanoke. ~ '1-" 4'1-" ,,"' ,,0 ","- ~.. ~ "," 4'1-" :;$-' ,,0 0" <l' ~ j\ \!'.. ~ -l.'" 4'1- ,~' :s00' ,,~ .~o~ Y;:-'b....<..' Recommendation: I Net debt will not exceed 4% assessed value real estate, personal property and public service corporation property Overall Net Debt to Total Assessed Value 6.0% 5.0% 44% 4.5% 4.0% 4.2% 4.0% 4.0% 3.9% ~ ~ - .6% ~ .5% 3.6% I- .4% .4% .4% 3.5% 3.3% - l- f- 3.2% .1% .0% - - - I-- - - .9%_ 2.9% c-- ~8%-.-~ f- .5% - - - - - - - - - - - - - - - I-- c-- - - - - f-- - L- L..- -L..- - L, 3.0% 2.0% 1.0% 0.0% 2005 2006 2007 2008 . Debtto Real Estate AV (Current Policy) 2009 2010" 2011"' 2012'" 2013'" 2014'" 2015* a Debt to Real Estate, Personal and Public Service Corporation AV (Recommended Policy) *Projected. Sources: City of Roanoke and the Comprehensive Annual Financial Reports, FY 05-09. Note: Net Debt excllLlesself-supporting dEbt, suchas payments fortheWestem Virgina Water Authority and Parking forthe City of Roaroke. (1) Assumes real estate AV growth of 1.8% in FY 2010, 1.3% growth in FY 2011, 0% growth in FY 2012 & FY 2013, and 1% tha-estter. Assumes personal and public service corporation remain flat. (2) Assumes bond issuanceof $12M in FY 12, $14.945M in FY 13 & $15.75M in FY 14. I 73 74 Debt service not to exceed 10% General and School Fund expenditures net of transfer Net Debt Service as a % of Expenditures 12.0% - 10.0% 8.0% 6.0% 4.0% 2.0% 0,0% 2006 2010. 2014* 2013* .projected. 2005 Sources: City of Roanoke and the Comprehensive Annual Financial Reports, FY 05-09. Note: Debt Service excludes self-supporting debt, such as payments for the Western Virginia Water Authority and Parking for the City of Roanoke. (l)Assumes 1% expenditure growth in FY 2011 & 2012, 3% growth in FY 2013 and 2% thereafter. {l}Assumes bond issuance of$12M in F'f 12, $14.945Min FY 13 & $15.75M in FY 14. 201S. 2007 2008 2009 2011* 2012* Debt Service as % of Expenditures is at Peer Median Debt Service as a % of Expenditures 14.0% 12.0% 8.3% 10.0% 9.4% 8.0% 6.0% 4.0% 2.0% 0.0% '" ~ tV ~ cjP "'!"'" ~ cjP" 4'" 4'" 4'" 4'" :;P' P' :f-O-"" ",,,,<$>' ",<7' ~:~ <:; . ~o<' <gC? ~o .>..t:' v" ~'" "v -Moody'sMedianlor all Aa2 Entities -Peer Group Median Sources: Moody's Municipal Financial RatioAnalysis Database as of FY 09. City of Roanoke data from FY 09 Comprehensive Annual Financial Report. Note: Debt Service excludes self-supporting debt, such as payments forthe Western Virginia Water Authority and Parking for the City of Roanoke. '" cjP 4'" '", ,s> "'~ ~ Ii' 0 ~ cjP" 4'" 4'" .1'" ",'0 ./" v ~ ~ 4"''1' 4"''' .s-~. t;.(;-'+' ~<,O ,,0 qO ",!"Ii' '" 4'" 4'" 0<;-0' ~...,' ~~~ 1(-.o1f Ii' ~ .. ~ ",. ~~<:j '", ~O ,,'" ",'J' I I I I I I 75 Current policy: Not less than 50% outstanding debt will be retired within ten years Recommendation: Increase requirement to 60% Net Debt Retirement in 10 years 90..0',<; 80.0''<; 70.0''<; 60."" 50.0''<; 40.0''<; 20.0''<; 10..0',<; 0.0''<; 200S 2006 2007 2008 2009 2010* 2011* 2012* 2013* 2014* 2015. Sources: City of Roanoke Comprehensive Annual Financial Reports, FY 05-09. Note: Net Debt excludes self~supporting debt, such as payments fortheWestem Virginia Waler Authority and Parking forthe City of Roanoke. (1) Assumes bond issuance of $12M in FY 12, $14.945M in FY 13, $15.75M in FY 14. Other Policy Recommendations · Adopt Comprehensive Reserve and Debt Management Policies · Adopt consistent use of three year replenishment requirement if reserve falls below minimal balances . Strive to fund 10% CIP using cash · Remove investment components from debt policy and place in separate investment policy · Add underwriter selection to debt policy · Add sections to address short-term borrowing and lease financing · Modify guidance for refunding of debt to establish greater flexibility yet assure prudent fiscal management (See copy of presentation and Draft Reserve and Debt Management Policies on file in the City Clerk's Office.) 76 Ms. Shawver recommended that the City combine the Budget Stabilization I Reserve and Undesignated Fund Balance and establish an unreserved, undesignated General Fund Balance of ten percent of General Fund Expenditures. She also recommended that the Council change the City's Debt Policy to state that net debt shall not exceed four percent of the assessed value of real estate, personal property and public service corporation property, as well as policy changes regarding Debt Service in addition to other changes. Council Member Bestpitch asked whether the year end surplus in the Operating Budget would be moved into the Capital Budget; whereupon, the Director of Finance stated that the funds would remain in the General Fund. Council Member Rosen pointed out that even with a reserve of ten percent, the City of Roanoke was still the third lowest in the state and asked if ten percent should be used as the bottom line; whereupon, Ms. Shawver remarked that the ten percent would become the bottom line with the recommended policy and if any of the reserve was used, there would be a three year period to replenish the reserve. The Director of Finance continued that the ten percent reserve should never be used unless there was a natural disaster or some other extenuating circumstances since the City was in a real bind. Council Member Rosen advised that he would be comfortable if the policy was at I fifteen percent or twenty percent because even at twenty percent the City would still just be at the average for the state, adding that he would be more in favor of a percentage basis rather than a dollar amount. Council Member Ferris inquired about self-insurance and if the negative one million dollars was an accrued liability; whereupon Ms. Shawver responded that the amount is Workers' Compensation claims over the past several years. He also questioned if the claims were compensation or tort cases; whereupon, the Director of Finance reported that the claims were compensation cases. Council Member Bestpitch commented that $250,000.00 is an antiquated approach for determining the amount needed, adding that a percentage amount would be a more reasonable approach. Ms. Shawver explained that they were taking a three- pronged approach to assessing the amount needed because there might be additional unanticipated exposure. In regard to the Debt Policy, Mayor Bowers questioned the more conservative approach by adding five percent of the value of personal property and public service than just dealing with real estate and lowering it to four percent; whereupon, Ms. Shawver responded that the personal property values could vary and the advisory firm had recommended they be included as part of the overall picture. I I I I 77 In response to a question as to why personal property and utility values should be added to the Debt Policy; Ms. Shawver explained that it would make Roanoke more comparable to other localities because they too include such numbers. Council Member Rosen interjected that he would rather have higher percentages in place in the Debt Policy and be more conservative when setting goals. Vice-Mayor Trinkle expressed concern that the policies were already conservative and Council was being asked to make them more conservative, adding that amending the policies appears to hurt the City rather than help it. In conclusion, the Director of Finance agreed to continue working with PFM on the next step to be taken, follow-up on items in question, and brief the Council at its November 1 informal session regarding her findings. At 10:55 a.m., the Council meeting was declared in recess. At 11 :00 a.m., the Council meeting reconvened with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Lea. Although he was not present when the briefing regarding Downtown West District was discussed, Mayor Bowers noted for the record that he owns a piece of property in the area, however no conflict of interest exists. Occupational Health Relocation: Carolyn Glover, Director of Human Resources Services shared the following visuals of the present location for the Occupational Health Clinic and pointed out the challenges and conditions that necessitate the relocation of the facility. She also recommended a new site for the clinic at 107 Church Avenue, and shared the benefits of the relocation. Ms. Glover explained the anticipated costs that would be required for the relocation along with a recommended funding source. (See copy of the presentation on file in the City Clerk's Office.) Following comments of the Council, Vice-Mayor Trinkle mentioned an opportunity to share services with the schools and urged the Administration to discuss the matter with the School Division. 78 Leaf Collection Proqram Wrap-up: As a follow up to his briefing about the 2010 Leaf Collection Program presented at the September 7 City Council, Skip Decker; Solid Waste Manager, distributed with a flyer outlining the 2010 Leaf Collection Program. He commented that the flyer would be mailed to City residents the first of November, adding that RVTV was currently running segments about mulch mowing and composting to educate citizens about the benefits of the alternatives to bagging leaves. He also mentioned that an item was on the 2:00 p.m. City Council agenda for approval of changes to the 2010 Leaf Collection Program, including the requirement to use paper bags for leaf collection and the reduction of the current $100.00 fine to $50.00 for citations issued for raking leaves to curb and setting out plastic bags for leaf collection. He indicated that Lowe's had agreed to carry the paper leaf bags and staff would contact other local home stores to request that they carry the paper leaf bags too. Council Member Bestpitch said that there have been questions regarding the administrative fee for removal of leaves from the public right-of-way, particularly areas where the public right-of-way is not clearly defined. Mr. Decker explained that when leaves are in the public right-of-way, a notice is posted on the front door of the residence and a letter is sent, adding that if the homeowner in turn notifies Solid Waste that a contractor will be removing the leaves in a reasonable ti meframe , the owner will not be charged the administrative fee. Council Member Ferris asked that informational flyers be posted at the retail outlets as another method of notification to the public; whereupon, Mr. Decker indicated that the flyers would be posted at retail outlets that would allow them. Council Members Ferris and Price asked for additional text to be included on the flyer, including a reminder of when Bulk and Brush Collection would resume and a speCific telephone number for elderly or physically challenged residents to call in order to receive assistance with leaf collection. Vice-Mayor Trinkle questioned if brush would be collected at the same time leaves were being collected; whereupon, Mr. Decker answered that they would not. Vice-Mayor Trinkle further questioned why wood could not be collected at the same time leaves were being collected; whereupon, Mr. Decker advised that wood does not break down as rapidly as leaves. Mayor Bowers suggested that the Manager of Solid Waste attend the Council meeting on November 1 to restate the information in order to keep the public informed. I I I I I I 79 Market Buildinq Process: R. Brian Townsend, Assistant City Manager for Community Development, gave the following update, which included the financing structure, the long-term lease process, activities of the Market Building Foundation, and construction status. Proiect Update · Financing Structure · Long Term Lease/Bid Process · Foundation Activities · Status of Construction · Comml,lnications Process In closing, Mr. Townsend reiterated that the City's goal is to restore the City Market Building to its former prominence while upgrading infrastructure and amenities to create a sustainable centerpiece for the vibrant future of the downtown and region. (See copy of presentation on file in the City Clerk's Office.) Comments Vice-Mayor Trinkle inquired about the intent of the Market Building Master Lease; whereupon, Mr. Townsend reported that the intent is to give clear guidance to the Market Building Foundation to allow them to find tenants that will be a good fit for the Market Building. Vice-Mayor Trinkle wanted the upstairs of the Market Building to be available for public use; whereupon, Mr. Townsend commented that the draft lease addresses the intended use of the top floor, but it does not give details dictating the best practice for the use of the area. Discussion was held regarding provisions to extend hours of operation during evenings and on week-ends. Council Member Ferris questioned if there was anything that could be done to help the businesses adjacent to the Market Building for losses associated with not being able to provide outside dining; whereupon, the Mr. Townsend agreed to discuss the matter with staff. Council Member Rosen suggested that facade grants be considered to help the businesses adjacent to the Market Building. Mr. Townsend explained that facade grants require matching funds from property owners, however, in this instance, the City could offer assistance with the cleanup. 80 Mr. Townsend announced that a construction tour will be available in December I 2010, and a webpage on the City's website has been created for updates pertaining to the Market Building renovations. The City staff was encouraged to continue its use electronic media to update the public. At 1 :02 p.m., the informal briefing session was declared in recess for a Closed Meeting 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 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 William D. Bestpitch, Rafael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Lea-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. The Invocation was delivered by the Reverend Thomas A. Dill, Sr., Pastor, Grandview Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-VIRGINIA MUNICIPAL LEAGUE: Council Member Price recognized the City of Roanoke for being the recipient of a Virginia Municipal League Platinum Award. PROCLAMATIONS: The Mayor declared the month of October 2010 as Diversity Awareness Month. He presented a ceremonial copy of the proclamation to Carolyn Glover, Director of Human Resources, and Dorothy Hoskins, Senior Accountant. (See ceremonial copy of proclamation on file in the City Clerk's Office.) I I I I 81 PROCLAMATIONS: The Mayor declared the week of October 25 - 31, 2010 as National Lead Poisoning Prevention Week. He presented a ceremonial copy of the proclamation to Marla Robertson and Ann Weaver, Lead Safe Roanoke. (See ceremonial copy of proclamation on file in the City Clerk's Office.) PLEDGES: Mayor Bowers announced that WVTF public radio lost 23 percent of its funding, and is currently soliciting donations. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. LEASES: A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 18, 2010, at 7:00 p.m., or as soon as the matter may be heard, to consider the lease of space in the Municipal Building to Anthony Vaughn Owens, Juice Do It, LLC, d/b/a The Break Room Cafe, for an initial term of one year, with the option to renew up to four additional one year terms, 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. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Rosen, Trinkle and Mayor Bowers-5. NAYS: None-O. (Council Member Lea was absent.) 82 OATHS OF OFFICE-ARCHITECTURAL REVIEW BOARD-CITY ATTORNEY- I CITY CLERK-FINANCE-MUNICIPAL AUDITOR: Reports of qualification of the following individuals were before the Council: William M. Hackworth as City Attorney; Stephanie M. Moon as City Clerk; Troy A. Harmon as Municipal Auditor; and Ann H. Shawver as Director of Finance for terms of two years, each, commencing October 1, 2010, and ending September 30,2012; Brian K. Redd as a citizen representative of the City of Roanoke Finance Board for a term ending June 30, 2012; and Warner N. Dalhouse as a member of the Architectural Review Board for a term of four years ending October 1, 2014. 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 Bestpitch, Ferris, Price, Rosen, Trinkle, and Mayor Bowers-5. NAYS: None-O. I (Council Member Lea was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: GRTC Bus Stop Selection Criteria I I 83 Carl Palmer, General Manager, Valley Metro gave an overview of the criteria used by Valley Metro to select bus stops in the City, including visual examples of locations that constitute inappropriate conditions for a stop, as well as those which qualify as safe,_suitable locations. (See copy of visuals on file in the City Clerk's Office.) Council Member Bestpitch requested data regarding the number of passengers riding the buses on a regular basis, particularly in the Franklin Road/Reserve Avenue area. Council Member Ferris interjected that no statistical analysis was needed. During the discussion, Council Member Rosen left the meeting (2:41 p.m.) Following responses to various questions from the Council regarding the criteria, the report was received and filed. ITEMS RECOMMENDED FOR ACTION: FIRE DEPARTMENT-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for a grant from the State Department of Fire Programs. I (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: I (#38958-100710) A RESOLUTION authorizing acceptance of the FY2011 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. 74, page 454.) Council Member Ferris moved the adoption of Resolution No. 38958-100710. 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.) 84 Council Member Ferris offered the following budget ordinance: I (#38959-100710) AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 455.) Council Member Ferris moved the adoption of Budget Ordinance No. 38959- 100710. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) CITY CODE-SOLID WASTE: The City Manager submitted a written communication recommending amendment of the City of Roanoke Code to reduce the administrative processing fee from $100.00 to $50.00 for removal of loose leaves from I the City's right-of-way following proper notification before December 31, 2010; and to eliminate the use of plastic leaf bags require the use of paper leaf bags during leaf collection season. (For full text, see communication on fil~ in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#38960-100710) AN ORDINANCE amending and reordaining Section 14.1-3, Litterinq, Section 14.1-17, Placement of brush. bulk brush. lawn rakinqs and baaqed leaves for collection by the city, and Section 14.1-23, Placement and collection of bulk items. brush and baqqed leaves, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 456.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 38960-100710. The motion was seconded by Council Member Ferris. Skip Decker, Solid Waste Manager, gave a brief recap of the briefing regarding I changes to the 2010 Leaf Collection Program, which was presented during the 9:00 a.m. informal session of the Council. (See pages 78) I I I 85 Council Member Bestpitch emphasized that citizens could no longer rake their leaves into the City's public right-of-way which includes sidewalks, curbs and gutters, however, a citizen could rake their leaves into the right-of-way if the Division of Solid Waste Management has been notified that a contractor has been hired to remove the leaves within a specified period of time, in order to avoid a citation. Council Member Ferris pointed out that the use of plastic bags is very costly to the City to dispose of; however, paper bags are biodegradable and can be disposed of at no charge. Mr. Decker added that Solid Waste Management advocates mulch mowing and composting. Council Member Ferris inquired if retail outlets in the Roanoke area have been notified of the paper bag requirements for leaf collection; whereupon, Mr. Decker indicated they had and most retailers have the bags available. In closing, Mr. Decker noted that he would be in attendance at the Council meetings in October and November for notification purposes in connection with the Leaf Collection Program. There being no additional questions and/or comments by the Council Members, Ordinance No. 38960-100710 was adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) MILITARY: The City Manager submitted a written communication recommending approval to continue special military pay for reservists and members of the National Guard who are called to active duty between October1, 2010 and September 30,2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38961-100710) A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. (Forfull text of resolution, see Resolution Book No. 74, page 458.) 86 Council Member Bestpitch moved the adoption of Resolution No. 38961-100710. The motion was seconded by Council Member Price. I The Mayor announced that there would be a Veterans' Parade on November 6, 2010. There being no further comments, Resolution No. 38961-100710 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.) PUBLIC ART: The City Manager submitted a written communication recommending approval of the Public Art Action Plan for Fiscal Year 2011. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#38962-100710) A RESOLUTION approvin9 a Public Art Action Plan for 2011. I (For full text of resolution, see Resolution Book No. 74, page 459.) Council Member Trinkle moved the adoption of Resolution No. 38962-100710. The motion was seconded by Council Member Ferris. Susan Jennings, Arts and Culture Coordinator, shared background information on the City's Public Art Program. She stated that the Roanoke Arts Commission has asked for funding to commission sculptures for display at the four entrances of the Market Building upon completion of the renovations. Following remarks from Ms. Jennings, Resolution No. 38962-100710 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.) I I I I 87 Council Member Trinkle offered the following budget ordinance: (#38963-100710) AN ORDINANCE to transfer funds from the Percent for the Arts project to the Market Building Entrance Artwork project, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 459.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38963-100710. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Member Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. NAYS: None-O. (Council Members Lea and Rosen were absent.) HOUSING: The City Manager submitted a written communication recommending adoption of the proposed HUD Funds Policy. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38964-100710) A RESOLUTION adopting a policy on the budgeting and distribution of funds from the United States Department of Housing and Urban Development, such policy to supercede all prior policies pertaining to such funds. (For full text of resolution, see Resolution Book No. 74, page 460.) Council Member Bestpitch moved the adoption of Resolution No. 38964-100710. 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.) GRANTS-DISABILITY: The City Manager submitted a written communication recommending execution of the 2010-2011 CDBG Subgrant Agreement with Blue Ridge Independent Living Center for its Empowering Individuals with Disabilities program. (For full text, see communication on file in the City Clerk's Office.) 88 Vice-Mayor Trinkle offered the following resolution: I (#38965-100710) A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community Development Block Grant ("CDBG") subgrant Agreement with Blue Ridge Independent Living Center ("BRILC"), upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 461.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38965-100710. 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.) COMMENTS BY THE CITY MANAGER: The City Manager reminded citizens that downtown was open for business, that in spite of the construction work at the Market Building, stores and restaurants were open and ready to serve customers. He announced that on Saturday, October 2, 2010, I the Clean Valley Council conducted its Annual Fall Waterways Cleanup, followed by a celebration in Wasena Park which was hosted by the City. Mr. Morrill also mentioned that the City's Purchasing Division recently hosted a new Small Business, Minority Business, Woman-Owned Business Enterprise Vendor Outreach Series at the Higher Education Center, with City staff on hand to kick off the event. He added that local governments, Roanoke City Schools, Valley Metro, Global Spectrum, Virginia Minority Supplier Development Council, and a host of small, women- owned, minority business owners were in attendance to support the initiative, noting that the City intended to host the business series quarterly. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: I I I I 89 CITY EMPLOYEES: Vice-Mayor Trinkle offered the following resolution appointing Sherman M. Stovall as Assistant City Manager for Operations, effective November 1, 2010. (#38966-100710) A RESOLUTION confirming the City Manager's appointment of Sherman Stovall as Assistant City Manager for Operations. (For full text of resolution, see Resolution Book No. 74, page 462.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38966-100710. 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.) The Honorable Brenda Hamilton, Clerk of the Circuit Court, administered the Oath of Office to Mr. Stovall. (See Oath of Office on file in the City Clerk's Office.) CELEBRATIONS: Council Member Bestpitch offered the following resolution recognizing the 30th anniversary of Voice of the Blue Ridge: (#38957-100710) A RESOLUTION recognizing Voice of the Blue Ridge for thirty years of service to our community. . (For full text of resolution, see Resolution Book No. 74, page 453.) Council Member Bestpitch moved the adoption of Resolution No. 38957-100710. The motion was seconded by Council Member Ferris. Council Member Bestpitch shared information pertaining to the services provided by the Voice of the Blue Ridge. There being no additional comments by the Council Members, Resolution No. 38957-100710 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.) 90 DI RECTOR OF FI NANCE: I The Mayor presented a ceremonial copy of Resolution No. 38957-100710 to Jan Smyth, Executive Director, Voice of the Blue Ridge. FINANCIAL REPORT: The Director of Finance shared the Unaudited results of the City's financial performance for the Fiscal Year ended June 30, noting that the results were accurate, but were subject to change since they had not been audited. She reported that the General Fund revenues were below budget by 2.4% or approximately $6.2 million due primarily to the decline in Other Local Taxes and Intergovernmental revenues, adding that total expenditures were under budget by approximately 3.9 percent or $10.1 million; and the 2010 General Fund revenue budget was $261.5 million, while actual collections totaled $255.3 million or 97.6 percent. (For full text, see copy of report and Year End Financial Presentation on file in the City Clerk's Office.) Council Member Ferris questioned why there was no figure for "School Undesignated" depicted as part of the Year End Financial Presentation - History of Fund Balances 2010 (Unaudited); whereupon, Ms. Shawver answered that she had not attempted to report any of the school performance information, however, she pointed out that the schools had incurred a decrease of $3.0 million, and hopes to follow-up with I the Council. In response to question regarding the Schools' Fund Balance, the Director of Finance indicated that the School Division had its own Fund Balance. In connection with the big shortfalls in revenue from Sales Tax, Prepared Food Tax and Transient Room Tax, Ms. Shawver advised that the revenue estimates had been off a fair amount, but hopes that the City will not have some of the challenges midway through Fiscal 2011 that were before the City in fiscal 2010. Council Member Bestpitch expressed concern about the unused space in the Campbell Avenue Parking Garage; whereupon, Mr. Townsend responded that during the construction of the Campbell Avenue Garage, all of the downtown garages were overbooked and spaces were needed badly. There being no additional comments, the presentation was received and filed without objection by the Council. I I I I 91 MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Mayor Bowers recognized Bob Clement for his efforts to plan and facilitate the Virginia Statewide Neighborhood Conference. Council Member Bestpitch referenced a letter from Billy Kingery, Board President of the Rescue Mission, dated September 23, 2010, requesting that the City ban the "single sale of alcohol" in the neighborhood of the Rescue Mission. He requested that. the City Attorney respond to Mr. Kingery on behalf of the Council. (See copy of letter from the Board President of the Rescue Mission and the City Attorney's response dated October 19, 2010, on file in the City Clerk's Office.) Council Member Bestpitch extended his personal appreciation to James Grigsby, Assistant City Manager for Operations, for his many years of service with the City of Roanoke. Vice-Mayor Trinkle referred to a . letter from the Roanoke Chapter of National Railway Historical Society dated September 24, 2010, expressing concern regarding unreimbursed bills for Virginian Railway Station restoration project due from an earmarked grant, and he asked the City Manager to provide the Council with an update on the project. He also expressed an interest in identifying how the City could be of assistance with the project. Mr. Grigsby spoke about the financing and delays, noting that he will provide the Council with an update regarding the project. (See copies of letter from the Roanoke Chapter of National Railway Historical Society and an email from Sherman M. Stovall, Assistant City Manager for Operations in response to letter on file in the City Clerk's Office.) Council Member Price reminded the Council that the month of October is Breast Cancer Awareness Month and Domestic Violence Awareness Month, respectively, and that an event has been scheduled for Friday, October 8 at 12:30 p.m., that will include a short program to acknowledge work done to prevent domestic violence and end with a walk to Sabrina's Place, known as "Walk in Their Shoes", Council Member Ferris reported that the Eat for Education Campaign was doing well and asked citizens to continue to patronize restaurants and businesses in the City in order to help strengthen revenues for the City of Roanoke and the Campaign. 92 Mayor Bowers expressed concerns regarding signage along the greenway in I Smith Park, stating that the signs were posted on the wrong side of the road and needed to be moved. He also wanted a connection between the Star Trail on Mill Mountain and the 9th Street, S. E. trail. ' He also reported that no member of Council would be able to attend the National League of Cities Conference in Denver, Colorado. Finally, he asked City staff to schedule a meeting with the School Board before the end of the calendar year to give Council a better understanding of the Schools' financial standing prior to the development of the upcoming fiscal year budget. Vice-Mayor Trinkle reiterated that the City needed to put pressure on the State government and suggested that the City and School Administrations develop a Task Force to benchmark what other cities were doing regarding the level of adequate funding and school projects before the joint meeting of City Council and the School Board. The City Manager advised that he would discuss the matter with the School Superintendent and would create a task force to identify objectives by January 2011. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Valerie Garner as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2011; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Barbara Richardson. I There being no further nominations, Ms. Richardson was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Valerie Garner ending June 30, 2011, by the following vote: FOR MS. RICHARDSON: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: The Mayor called attention to an upcoming vacancy on the Economic Development Authority due to the ineligibility of Dennis R. Cronk for a term ending October 20, 2010. Inasmuch as Mr. Cronk has served three consecutive terms of office, he is not eligible for reappointment; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Boreham B. Johnson. I I I I 93 There being no further nominations, Mr. Johnson was appointed as a Director of the Economic Development Authority for a four-year term of office commencing October 21,2010, and ending October 20,2014, by the following vote: FOR MR. JOHNSON: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. (Council Members Lea and Rosen were absent.) The City Attorney was instructed to prepare the proper measure appointing Mr. Johnson as a Director of the Economic Development Authority. OATHS OF OFFICE-ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: The Mayor called attention to a vacancy created by the expiration of the four-year term of office of Cheryl Miller as a Commissioner of the Roanoke Redevelopment and Housing Authority; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Timothy A. Witten. There being no further nominations, Mr. Witten was appointed as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31,2014, by the following vote: FOR MR. WITTEN: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. (Council Members Lea and Rosen were absent.) OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: The Mayor called attention to the expiration of the four-year term of office of Susan L. Reese as a member of the Human Services Advisory Board ending November 30, 2010; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Susan L. Reese. There being no further nominations, Ms. Reese was reappointed as a member of the Human Services Advisory Board for a four-year term ending November 30, 2014, by the following vote: FOR MS. REESE: Council Members Bestpitch, Ferris, Price, Trinkle, and Mayor Bowers-5. . (Council Members Lea and Rosen were absent.) 94 COUNCIL: With respect to the Closed Meeting just concluded, Council Member I Ferris moved that each member of City Council certify to the best of his or her knowledge that (1) only public business matter lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters were identified in any motion by which any Closed meeting was convened were heard discussed or considered by City Council. The motion was seconded by Vice-Mayor 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.) There being no further business, the Mayor declared the meeting adjourned at 4:53 p.m. APPROVED ATTEST: ~hJ. '11>CMJ Stephanie M. Moon City Clerk I David A. Bowers Mayor I I I I 95 ROANOKE CITY COUNCIL-REGULAR SESSION October 18, 2010 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, October 18, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Raphael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-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 The Reverend Art F. Good, Pastor, of the Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ) PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATION: The Mayor declared the week of October 24 - 30, 2010 as Red Ribbon Week and presented a ceremonial copy of the proclamation to Cathy Graham-Sullivan, RA YSAC Coordinator. (See ceremonial copy of proclamation on file in the City Clerk's Office.) PROCLAMATION: The Mayor declared the month of October 2010 as Disability Employment Awareness Month and presented a cer~monial copy of the proclamation to Pat Eby, Chair, Mayor's Committee for People with Disabilities. (See ceremonial copy of proclamation on file in the City Clerk's Office.) 96 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. SCHOOLS: Chris Craft appeared before Council and spoke about his appearance before the Montgomery County School Board. YOUTH ATHLETICS: - Robert Gravely appeared before Council and shared his thoughts about the Inner City Athletic Association playing football at William Fleming High School and the rebuilding of the community. 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 16, 2010, recessed until August 30,2010; and Tuesday, September 7,2010. (See Minutes on file in the City Clerk's Office.) Council Member Rosen moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) OATHS OF OFFICE-CITY EMPLOYEES-ECONOMIC DEVELOPMENT- ARCHITECTURAL REVIEW BOARD: Reports of qualifications of the following individuals were before the Council: Sherman M. Stovall as the Assistant City Manager for Operations for the City of Roanoke, effective November 1, 2010; Allen D. Williams as a Director of the Economic Development Authority for a term of office commencing October 20, 2010 and ending October 20; 2014; and I I I I I I 97 Barbara A. Botkin as a member of the Architectural Review Board for a four-year term of office ending October 1, 2014. (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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) REGULAR AGENDA: BID OPENINGS: CITY MARKET BUILDING: Pursuant to notice of advertisement to seek bids from qualified bidders to enter into a Lease Agreement with the City to renovate and operate the City's historic City Market Building located at 32 Market Square, S. E., as a public place, which may include appropriate retail sales, restaurant and food court vendors, and an area for public and private assemblies and gatherings; for 40 years, but may provide a buyout procedure after an initial period. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were any other bids to be offered. There being none, he stated that the bidding was closed. Mayor Bowers instructed the City Clerk to proceed with the opening of the bids; whereupon, Ms. Moon opened and read aloud the sole bid received from Market Building Partners, LP, with rent of $1.00 per year, paid in 40 annual payments, and proposes to expend to satisfy renovation requirements under the lease up to $10,000,000.00. (See copy of bid on file in the City Clerk's Office.) Council Member Ferris moved that the bid be referred to the City Manager for study, report and recommendation to the Council. The motion was seconded by Council Member Bestpitch and adopted. PUBLIC HEARINGS: NONE. 98 PETITIONS AND COMMUNICATIONS: CORRIDOR PLAN-ROANOKE VALLEY ALLEGHANY REGIONAL COMMISSION: Jake Gilmer, Senior Planner, Roanoke Valley Allegany Regional Commission, appeared before Council and shared the process for development of the plans, which included public meetings and focus groups, adding that this input was used to develop a vision and goals for the corridor. He also spoke about the recommendations including an interchange in the Tanglewood Mall vicinity and at Lewis Gale Hospital, as well as utilizing multi-modal routes to address congestion and improve driving safety. I I I 99 I I I 100 Vision & Goals for the ctridor Route 419 will provide safe and efficient!mobilitY for drivers, pedestrians, bicyclists, and transit riders, while providing adequate access to busihesses and I residential areas, I[ 1. Alleviate traffic congestion 2, Cooperate regionally I 3. Reduce traffic accidents 4. Provide bicycle & pedestrian accommodation1s 5. Improve connectivity between goals I 6. Provide enhanced transit service 7. Protect & enhance streetscape 8. Improve traffic operations 9. Identify improvements 10. Consider effects of transportation decisions I Corridor Demographics (2000 census within Yz mi of 419) . Population within Y, mile of corridor,~ ~ 56,944 (27.7% of urban area) ;i'~..",.-.:..~........--.~ ....1..k tMt . Elderly (65+) = 9,787 (17.2% of ; ,~-:~ . I corridor) ", " :) ..,_ ., n j "i ~ . Disabled = 8,881 (15.6%)'::~~ '.- '....:--:0 . ~'~:,_~"I'I i' ~ . Low Income Households = 3,846 ~..:::::::,~~. .._~"=::'. . _~,~J.) (68o/c) ';~~c~t-- - .~t . H~us:holds with no auto access = ';~ : ~j~;~:. '\ 1,207 (2.1%) 'L___'_-r-L~_':\...J Collectively, these populations represent over 23,~21 potentially transit dependent people, and make up 42% of the population within the 419 corridor. i I I 101 I Existing Traffic Conditions . Heavy commuter route . Predominantly commercial with desirable locations for future businesses . Continued growth and redevelopment . Heavy vehicle traffic is relatively low . Challenged access Almost all intersections currently operate at an overall acceptable level of service (A, 8, C, or D); however there was several that do not, ,~,,\~.~~""'a., ~~~ ';.,.':>,- ',.".,'" "1 ~;.....", ,J' -=8'" ' !'~'Y~~ " .' ~ ~~~1~~~ " , . 0 .~~~1 !~. ~~~C? -',~;:'"'. (~~~ I . - <,' ""-.;"{'. "''''''''- ,,' l:~'~\~s:$~' .::':' ::~~_~:,,: ~~'~i ~_ ~_,i.-~'; .,-.,,~ ,;-" -. /' ~. r-.-~\ j /~; /.;/ ~./ ~ .<>_____. '1/ :2i~/; /' ,/ .~._.":,~~~~;~ /'/~r '., 1',? 0 ~, W/ <'-"i, ~ q'<.\("~,) 'I 6:- t..,~ /' ;... ',~.:{?~id,;:~:;~ hey: , , '/t L~.~ I I 102 I I I 103 I Route 419 and US 220 Recommendations I .::::-n ""'" """ Ji ROUTE 419 """,,,,,,,:,:,,,:::',:,,,,,,,,,,, J..,,~.~,~OM~,EN,~E~,IM,~~~EM~~,TS I , LEGEND : - ExIsting: ..-.... Propo.<w.d I x xx I{cmc~e I I Route 419 and Tanglewood Mall Vicinity I LEGEND -..... E.>U:sling L.aneaye (:t -:..~=-~ Pf'O!lO$OO ~M~QeiWldCnil'lQ <<> xxx ~RmOVrl a Proposed Sidewalk D. f,epair Guan:!rail bllllallln\6nsecUonLiyhliny ~o.. DrilililgC.lOiLthlnlpr~!"nl:l Podostrbn Improvt'monts .}\ Err\(lrgcncy R3Ilrooo Preemption Upgnme 10 MlI!d /\1m E3 Re!;IriPf'llnter:se~1itJn J r;'L~ lYo ! 1 t-.(;I. _'.oo1TTT I - . -- ]! ROUTE 419 ii Segment 9: Corridor I~ .,"'~,:::" =,::,,,,,,,,J",,::,~~~~=~~.=~.~~~~~~~~,~,~~~"Jt ::~.m~:,n~:.~:.:_",...,... ,.~:_~,.~...,.. I 104 Lewis Gale Hospital ViciJity I I ---+ Existing !..lneage .f) -:-;. Prcpcsed l3~eage.W cening <i> Podcs\rian mpreveme'lt! X X X Remcve = lJP!;Irade tl MaS1Arm 1- ~=~ =....... I ROUTE 419 ' RECCMMENDED IMPROVEMENTS D Keagy/Oak Grove Plaza vidinity I <'g""~ .~. ,; ~r""'m_j"" ''''Frn'"'''',p~'' . _~"!I",pnr ~ I LEGEND i) ~ c Propo~ed SidlPoY;llk II Repilif GU:lll:lrail lnslallntarsectloo UghUng 0 Drall'lfi\l;J Dttch ImpfUIlOC19nts ~s\r;;:In ImJRM"lT,erlF >< Em9r98"l'~y R:ai:l'Odd PfHNITlr.I!on Upgrade IC Mast Arm 8 RestTp! !nl~r'5o!ctlo' I" --~==n -;~.~I", . ROUTE 419 RECOMMENDED IMPROVEMENTS --<.~ LJ' ,~ I "C~. _ '.'lJOI"TT _ ~tlng :"~"laago ~:.-.:-...- :::>rOroFBd l.m8;tgs/l!\lidllning x x X ~emo\'e I I I I 105 Multimodal Recom mendations SmartwllY Route Proposed Aflgnments ,.. .~." A"; '~_.""~, />..,r \. c ,/''-/'1, !' i-;A\' J) , .'. 'i t c.,....s......' I" ,. f ,~I.: .', 11. ,J;j!" 'f'" ,'I J_ ," ''--;;:;;;;-1 II .;......_-.. ..,....--....~... , '''''' - o ....1_~'" o "'-.... ~ : ::~~:-~,..- !., ~ ~~~l -...... .J' o <1<..... ~--:--=." @....,."'..,..-..,- = In closing, Mr. Gilmer asked the Council to consider adopting and endorsing the Route 419 Corridor Plan, and to refer the matter to the City Manager for study, report and recommendation to the Council. (For full text, see copy of presentation on file in the City Clerk's Office.) There were comments by the Council regarding the study of the 419 corridor, especially expansion of Valley Metro. Council Member Ferris asked about the significance of a LOS E or F rating for a road; whereupon, Mr. Gilmer advised that it is an engineering term that attempts to describe the amount of congestion in an area; and that the scale goes from "A" to "F" with "A" being a free flowing highway and "F" being almost gridlock. Council Member Ferris also inquired if future growth of the population had been taken into consideration; whereupon, Mr. Gilmer stated in the affirmative, adding that the recommendations were also based on historic traffic growth and future employment. Council Member Ferris questioned what the anticipated rating would be in 2035 with all of the proposed improvements; whereupon, Mr. Gilmer explained that all of the recommendations were an attempt to keep the level of service at a "C" or better. In response to repeated emphasis on the benefits of expanded transit service throughout the corridor, Council Member Bestpitch stated that he did not think that there would ever be enough traffic lanes to accommodate all of the traffic that travels through the 419 corridor. Council Member Bestpitch questioned, in terms of dollars required, if it would not be better to add bus service through Valley Metro versus adding additional highway lanes; whereupon, Mr. Gilmer indicated that it would certainly be a lot cheaper. Council Member Bestpitch added that he hoped that all of the local governments could work together to advocate for adding additional routes to the Valley Metro lines to provide the most economical solution to the problem. 106 There being no objection by the Council, the matter was referred to the City Manager for review and report back to the Council. The City Attorney was instructed to prepare the proper measure for adoption by the Council at its November 1 meeting. GRANTS: The City Sheriff submitted a written communication recommending acceptance and appropriation of funds for the State Criminal Alien Assistant Program Grant from the Bureau of Justice Assistance Office of Justice Program; and the City Manager submitted a written communication concurring in the request. (For full text, see communications on file in the City Clerk's Office.) Vice Mayor Trinkle offered the following resolution. (#38967-101810) 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. 74, page 463.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38967-101810. The motion was seconded by Council Member Price. Council Member Ferris realized that there is a $14,439.00 Federal grant, noting that the communication states an older van is going to be replaced with the proceeds from the grant, however, he inquired whether or not the remaining portion of the funds had already been budgeted; whereupon, the Sheriff responded that the Department had already planned to purchase the new van and the grant money would be used to offset the expenses. In response to Council Member Ferris' inquiry about the disposal of the old van, the Sheriff reported that it would be returned to Fleet Management. There being no further questions and/or comments by the Council Members, Resolution No. 38967-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) I I I I I I 107 Vice-Mayor Trinkle offered the following budget ordinance: (#38968-101810) AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 463.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38968-101810. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Member Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: WESTERN VIRGINIA WORKFORCE ACT-BUDGET-GRANTS: 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 2010. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#38969-101810) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $640,114.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book NO.7 4, page 464.) 108 Council Member Ferris moved the adoption of Resolution No. 38969-101810. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) Council Member Ferris offered the following budget ordinance: (#38970-101810) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY11 Workforce Investment Act Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 465.) Council Member Ferris moved the adoption of Budget Ordinance No. 38970- 101810. The motion was seconded by Council Member Bestpitch and adopted by the following vote: " AYES: Council Member Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) WESTERN VIRGINIA WORKFORCE- INVESTMENT ACT-BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of the Western Virginia Workforce Development Board Workforce Investment Act (WIA) Dislocated Worker Rapid Response Program funding (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#38971-101810) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $57,988.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 468.) I I I I I I 109 Council Member Ferris moved the adoption of Resolution No. 38971-101810. The motion was seconded by Council Member Bestpitch and adopted by the follqwing vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) Council Member Ferris offered the following budget ordinance: (#38972-101810) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Dislocated Worker Rapid Response Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 469.) Council Member Ferris moved the adoption of Budget Ordinance No. 38972- 101810. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Member Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) r BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Edward Byrne Memorial Justice Assistance Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38973-101810) A RESOLUTION authorizing acceptance of an Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. (Forful/ text of resolution, see Resolution Book No. 74, page 470.) 110 Council Member Bestpitch moved the adoption of Resolution No. 38973-101810. The motion was seconded by, Council Member Ferris and adopted by the following vote: AYES: Council Members, Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) Council Member Bestpitch offered the following budget ordinance: (#38974-101810) 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 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 471.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38974- 101810. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Member Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) ROANOKE INTERAGENCY COUNCIL: The City Manager submitted a written communication recommending establishment of the membership of the Roanoke Interagency Council and appointment of the Director of Management and Budget to serve as program expenditure monitor for the Community Policy and Management Team. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#38975-101810) A RESOLUTION re-establishing membership of the Roanoke Interagency Council. (For full text of resolution, see Resolution Book No. 74, page 472.) I I I 111 I Council Member Bestpitch moved the adoption of Resolution No. 38975-101810. The motion was seconded by Council Member Price. In response to an inquiry of Council Member Price as to the City of Roanoke representative of the Roanoke Interagency Council, it was noted that the Assistant City Manager for Community Development serves as the City's representative. There being no additional questions and/or comments by the Council Members, Resolution No. 38975-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) VIRGINIA OUTDOORS FOUNDATION-BUDGET-EASEMENTS: The City Manager submitted a written communication recommending appropriation of funds from the Virginia Outdoors Foundation in connection with the Mill Mountain Conservation Easement. I (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#38976-101810) AN ORDINANCE to appropriate funds from the Virginia Outdoors Foundation to Mill Mountain Conservation Easement project, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (Forfull text of ordinance, see Ordinance Book No. 74, page 473.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38976- 101810. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. I (Council Member Lea was absent.) 112 BUDGET-STREET LIGHTS-CAMBRIA SUITES: The City Manager submitted a written communication recommending authorization to draw a draft on the Home Town Bank Letter of Credit for the installation of street lights in connection with the Cambria Suites Hotel Project; and appropriation of funds. I (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#38977-101810) AN ORDINANCE to appropriate funding to be provided by a Hometown Bank Letter of Credit to the Street Lighting account, amending and re- ordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 474.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 38977-101810. The motion was seconded by Council Member Bestpitch. In response to question asked by Vice Mayor Trinkle regarding the amount of funds being paid directly to AEP, the City Manager answered that the developer failed to make payment to Appalachian Power Company for the street lights, but instead, I notified the City to draw on the Letter of Credit from HomeTown Bank that was posted for the Cambria Suites project, in accordance with the South Jefferson Redevelopment Plan. There being no further questions and/or comments by the Council Members, Budget Ordinance No. 38977-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) BUDGET-EQUIPMENT-FLEET MANAGEMENT: The City Manager submitted a written communication recommending appropriation of funds in connection with the purchase of tools and equipment for Fleet Management. (For full text, see communication on file in the City Clerk's Office.) I I I I 113 Council Member Bestpitch offered the following budget ordinance: (#38978-101810) AN ORDINANCE to appropriate funding from the Fleet Retained Earnings to the Fleet Equipment Maintenance account, amending and re- ordaining certain sections of the 2010-2011 Fleet Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 475.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 38978- 101810. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) BUENA VISTA RECREATION CENTER-LEASES: The City Manager submitted a written communication recommending consideration of an amendment of the sales contract with Scott and Ascension Horchler to extend the timeframe of the real estate transaction on the former Buena Vista Recreation Center. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#38979-101810) AN ORDINANCE authorizing the City Manager to execute an amended sales agreement providing for a closing date for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 475.) Council Member Bestpitch moved the adoption of Ordinance No. 38979-101810. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) 114 LEASES-SHELTER: The City Manager submitted a written communication recommending authorization to enter into a cooperative agreement with the City of Lynchburg for the purpose of providing shelter care bed space to eligible juveniles. I (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#38980-101810) AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke, in residential group homes owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 476.) Council Member Ferris moved the adoption of Ordinance No. 38980-101810. The motion was seconded by Council Member Rosen. As requested by Council Member Price, Mr. Morrill elaborated on his request to I enter into a Cooperative Agreement with the City of Lynchburg, advising that in response to a continued decline in state funding, the decision was made to close the Crisis Intervention Center, and study alternatives to serve youth who would previously have been housed in Sanctuary, including the development of a "Host Home" model which is used to provide services in homes of licensed volunteers under the auspices of Volunteer Emergency Families for Children organization, as well as the purchase of services for temporary placements in a group home setting. He also agreed to provide the Council with an update at a future Council meeting. Mayor Bowers asked the City Manager to notify Coach Dick Kepley regarding the details of the program since he had been a real advocate for the continued operation of the Crisis Intervention Center by the City. There being no further questions and/or comments the Council Members, Ordinance No. 38980-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) I I I I 115 BUILDING/BUILDING DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written communication recommending transfer of funds for capital building improvements for the relocation of Employee Health Services. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#38981-101810) AN ORDINANCE to transfer funding from the Health Department/Civic Mall Tenant Upfit project to the Employee Health Services Renovation project account, amending and re-ordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 477.) Council Member Ferris moved the adoption of Ordinance No. 38981-101810. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) COMMENTS BY THE CITY MANAGER: The City Manager reminded the public that Halloween would be observed on Sunday, October 31. He remarked that HUD had awarded funding to 45 regions in the United States, with a $625,000.00 grant to the Roanoke Valley-Alleghany Regional Commission to fund the development of a Regional Plan for Sustainable Development for the Roanoke MSA over a three year period, commencing in January 2011; and that the City plans to contribute 200 staff hours in support of the effort. Mr. Morrill expressed his appreciation to James Grigsby for his dedicated service to the City of 15 years as well as best wishes upon his retirement, effective October 31,2010. 116 REPORTS OF COMMITTEES: I LEGISLATIVE PROGRAM: Vice-Mayor David A. Trinkle submitted the Proposed 2011 Legislative Program to the Council for its approval, reporting that the recommended Program will advance the legislative interests of the City and its people at the 2011 Session. He also highlighted several items to be presented to the General Assembly, such as TransDominion Express Commission, Passenger Rail Service, School Start Date, and Evictions. (For full text, see copy of the 2011 Legislative Program on file in the City Clerk's Office:) Vice-Mayor Trinkle offered the following resolution: (#38982-101810) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2011 Session of the General Assembly. (For full text of resolution, see Resolution Book No. 74, page 478.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38982-101810. The motion was seconded by Council Member Rosen. The City Attorney reminded the Council about the joint meeting with the School I Board and area legislators on November 1, 2010 at 9:00 a.m., in the Emergency Operations Conference Room, Room 159, first floor, Municipal Building. He commented that a copy of the Program would be forwarded to the legislators in advance of the meeting on November 1. Mayor Bowers mentioned an article that was recently in the newspaper regarding certain over counter drugs being marketed as "incense" and the need to regulate them. The City Attorney responded that the K2 drug is being marketed as aromatic incense, but it is being used for other purposes. He continued that there seemed to be a division in the State Commonwealth Attorney's Office as to whether State law currently regulates and prohibits the use of this synthetic drug; and he too thought legislation regarding the matter would be very helpful. Mayor Bowers was of the opinion that an amendment could be included in the Legislative Program; whereupon, Mr. Hackworth agreed to research the matter and share his findings with the Council. I I I I 117 There being no further discussion regarding the Legislative Program, Resolution No. 38982-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) BUDGET-SCHOOLS: The Roanoke City School Board submitted a written report requesting appropriation of funds for various educational programs; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#38983-101810) AN ORDINANCE to appropriate funding from the Federal ~government and private grants for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 479.) Council Member Ferris moved the adoption of Budget Ordinance No. 38983- 101810. The motion was seconded by Council Members Price and Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) UNFINISHED BUSINESS: NONE. 118 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Council Member Rosen offered the resolution paying tribute to James "Jim" Grigsby, Assistant City Manager for Operations: (#38984-101810) A RESOLUTION paying tribute to James Grigsby on the occasion of his retirement upon fifteen years of service with the City of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 482.) Council Member Rosen moved the adoption of Resolution No. 38984-101810. The motion was seconded by Vice-Mayor Trinkle and Council Members Price, Bestpitch and Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY: Vice-Mayor Trinkle offered a resolution appointing Boreham B. Johnson as a Director of the Economic Development Authority for the City of Roanoke for a term of four years commencing October 21,2010: (For full text, see communication on file in the City Clerk's Office.) (#38985-101810) A RESOLUTION appointing a Director of the Economic Development Authority <;>f the City of Roanoke. (For full text of resolution, see Resolution Book No. 74, page 484.) Vice-Mayor Trinkle moved the adoption of Resolution No. 38985-101810. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) I I I I I I 119 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Price announced that the Roanoke City Public Schools will be sponsoring a series of special assemblies in support of "Rachel's Challenge" a program that addresses school Yiolence and bullying, which is a great opportunity for parents and the community to get involved. She extended an invitation to the Council, City Administration and the public to attend the events. Mayor Bowers asked that City staff arrange a joint meeting of the Council and the School Board to discuss budgetary items and to advise the Council at its next regular meeti ng. At 3:48 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-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 Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENTS-SCHOOLS: The Mayor recognized Niemann Pest, Ninth Grade student at Patrick Henry High School, for winning a national award in the Formula 1 Racing Car Competition, and he presented Mr. Niemann with a City gift and Certificate of Appreciation. 120 ACTS OF ACKNOWLEDGEMENT: Mayor Bowers recognized and welcomed I Boy Scout Troop No. 601, God's House, represented by Scout Master Curtis Lynch, Boy Scout Bryan Thompson, and Cub Scout Elijah Lynch. PUBLIC HEARINGS: LEASES-MARKET BUILDING: Pursuant to the requirements of Virginia Code Sections 15.2-2100 et seq., the City Clerk having advertised a public hearing for Monday, October 18, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the lease and renovation of the City's historic City Market Building located at 32 Market Square, S. E., as a public place, which may include appropriate retail sales, restaurant and food court vendors, and an area for public and private assemblies and gatherings, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, October 3, 2010 and Sunday, October 10,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending acceptance of the bid of Market Building Partners, LP, and award the Lease Agreement to lease, renovate, repair, and operate the Historic City Market Building property to such entity, I for a period of 40 years. (For full text, see copy of communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38986-101810) AN ORDINANCE accepting the bid of Market Building Partners, LP, to execute a Lease Agreement to renovate, repair, and operate the City- owned historic City Market Building located at 32 Market Square, S. E., Roanoke, Virginia, for a term of up to forty (40) years (Lease Agreement); authorizing the execution of such Lease Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement; noting that only one bid was received; approving and ratifying the acts of the City Manager and/or other City staff in connection with obtaining and/or furtherance of the execution, delivery, and performance of the Lease Agreement; providing for an effective date; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 484.) Council Member Rosen moved the adoption of Ordinance No. 38986-101810. The motion was seconded by Vice-Mayor Trinkle. I I I I 121 The Mayor inquired if there were persons present who wished to speak in connection with the matter. In response to a question asked by Chris Craft regarding the removal of the mezzanine, the Assistant City Manager for Community Development clarified that the entire mezzanine of 1984 had been removed, and would be replaced with two balconies on either end of the building. There being no additional speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38986-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Monday, October 18,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Breakelllnc., to permanently vacate, discontinue and close an approximately 100 square foot portion of Patterson Avenue, S. W., adjoining the northeastern corner of a parcel bearing Official Tax No. 1313101, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 1,2010, and Friday, October 8,2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending that the vacation be approved subject to the following proffered conditions: 1. The applicant, at its expense, shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 122 The plat shall also dedicate sufficient right-of-way to the City such that no portion of City sidewalk will encroach onto the applicant's property, with an additional one foot of right-of-way provided between the applicant's property and the existing sidewalk. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, the applicant shall file with the Engineer for the City of Roanoke, the Clerk's receipt demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#38987-101810) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 487.) Council Member Rosen moved the adoption of Ordinance No. 38987-101810. The motion was seconded by Vice-Mayor Trinkle and was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) I I I I I I 123 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday April 6, 1981, the City Clerk having advertised a public hearing from Monday, October 18,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Ward Mills to permanently vacate, discontinue and close an approximately 900 square foot portion of 24th Street, S. W., between an alley and Avenham Avenue, S. W., and adjacent to the northern boundary of the parcel bearing Official Tax No. 1051910, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 1,2010, and Friday, October 8,2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the proposed closure, and that the land be conveyed at a value of $5,040.00, with such consideration reduced by the cost of the curb and gutter along the frontage. It was further reported that the applicant submitted an estimate of $5,400.00 for the curb and gutter installation, adding that the value of the curb and gutter exceeds the value of the right-of-way, and therefore, no payment to the City is recommended. It was further recommended that the vacation be approved subject to the following proffered conditions: 1. The applicant shall construct curb and gutter along the entire frontage of 24th Street adjacent to the northern boundary of the applicant's property, exclusive of any driveway entrance. 2. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 3. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 124 4. Upon recording a certified copy of this ordinance with the Clerk of, the Circuit Court of the City of Roanoke, the applicant shall file with the Engineer for the City of Roanoke, the Clerk's receipt demonstrating that such recordation has occurred. 5. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#38988-101810) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 490.) Council Member Bestpitch moved the adoption of Ordinance No. 38988-101810. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 38988-101810 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) LEASES-ZONING: Due to unresolved issues by the owner of Juice Do It, d/b/a The Break Room Cafe, the City Manager requested that the public hearing request be withd rawn. Without objection by the Council, the Mayor advised that the public hearing request would be withdrawn. I I I I I I 125 HEARING OF CITIZENS UPON PUBLIC MA TIERS: City Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Chris Craft appeared before the Council and encouraged attendance at the "Rachel's Challenge" events scheduled to be held at the middle schools. He also expressed his disappointment at not being including in the coordination of activities in connection with the dedication of the Vic Thomas Park. The Mayor stated that a personal invitation would be extended to Mr. Craft to participate in the dedication ceremony on October 26, 2010. There being no further business, the Mayor declared the meeting adjourned at 7:25 p.m. APPROVED ATTEST: ~m'~DtMJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 126 November 1, 2010 I REGULAR SESSION--ROANOKE CITY COUNCIL 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, November 1, 2010, at 9:00 a.m., in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinqs, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010, with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. Council Member Ferris announced that the month of November was being recognized as Men's Health Month, and the growing of a moustache was to call attention to the need for men to schedule an appointment with a physician for a prostrate/colon checkup. 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.) I I I I 127 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 Member Lea, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bqwers-6. NAYS: None-O. (Council Member Price was absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE REGIONAL AIRPORT COMMISSION TO BE HELD ON DECEMBER 6, 2010, AT 9:00 AM., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The following items were submitted for discussion: <... (1) Clarification on the use of Runway Protection Zone in conjunction with the Countryside Property (2) Explanation regarding parking issues at the Airport (3) Complaints regarding access to runway through narrow stairway in order to deplane and board airplanes (4) Service and fares compared to Lynchburg Regional Airport (5) Insight regarding the effect of Lynchburg's separation with sensation of service by Delta The Mayor suggested that any additional items be forwarded to the City Clerk by Monday, November 29,2010. 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: The Mayor announced the scheduling of a joint meeting of Council and School Board to discuss budgetary items on Monday, January 3, 2011. At 9:09 a.m., the Council meeting was declared in recess to be reconvened in a joint meeting with the Roanoke City School Board and area Legislators to discuss the 2011 Legislative program. 128 CITY COUNCIL-SCHOOLS-LEGISLATION: The Council convened in a joint session with the Roanoke City School Board at 9:09 a.m., in the Emergency Operations Center Conference Room, Room 159, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers and School Board Chair David B. Carson presiding. I The Mayor declared the existence of a quorum, and called upon Chairman Carson to call the School Board meeting to order. SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Annette Lewis, Suzanne P. Moore, Lori E. Vaught and Chairman David B. Carson-6. ABSENT: Trustee Todd A. Putney-1. 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, Assistqnt City Attorney and Legal Counsel; and Senator John S. Edwards, Member, Senate of Virginia. The Chairman declared the existence of a quorum. Vice-Mayor Trinkle welcomed everyone to the meeting and advised that the City I Attorney had an opportunity to review the 2011 Legislative Program with Delegates Ware and Cleaveland. He also highlighted the major categories of the 2011 Legislative Program, i.e.: Transdominion Express Commission, Passenger Rail Service, School Start Date, Evictions, as well as Revenue-related requests, Requests-related to quality of life, Law enforcement, and General government. The Vice-Mayor called on the City Attorney for an overview of the 2011 Legislative Program. The City Attorney highlighted the following: 2010 General Assembly Legislation Adopted ~ Delinquent Parking Tickets ~ Fee for "Stop Payment Checks" ~Virginia's First Regional Industrial Authority I 129 I DELINQUENT PARKING TICKETS Section 46.2-752.J, Code of Virginia, authorizes localities to enter into an agreement with the Commissioner of the Department of Motor Vehicles whereby the Commissioner agrees to refuse to issue or renew any vehicle registration for anyone who owes that locality local vehicle license fees or delinquent tangible personal property tax or parking citations. However, the provision relating to parking citations only applies to citations issued to residents of such locality. As a result, the City has difficulty collecting unpaid parking citations issued to non-residents, mostly from nearby localities. The City has approximately 1,500 unpaid accounts of this type. The limitation in Section 46.2-752.5 to parking citations issued to residents of the locality should be removed. [H.B. 365 introduced by Delegate Ware in 2008] I Fee for Stop Payment Checks Section 8.01-27.1, Code of Virginia, authorizes localities to charge a "bad check return fee" to citizens who write checks to the localities with insufficient funds in their accounts to cover them. Some citizens write checks to localities, then have their bank "stop payment" on the checks. Section 8.01-27.1 was amended in 2009 to authorize localities to impose a similar fee on citizens who write checks, then stop payment on them. A similar statute, Section 15.2-106, Code of Virginia, also needs to be amended, in the same fashion. [Del. Ware introduced H.B. 367] I 130 Virginia's First Regional Industrial Authority The City, along with fourteen other jurisdictions, is a member of Virginia's First Regional Industrial Authority. The Authority's Board has proposed amending Section 15.2-6415, Code of Virginia, pertaining to the withdrawal of jurisdictions from such an authority, to permit localities to withdraw with the approval of a majority of all the other members of the authority (as opposed to the current requirement that such approval be unanimous), provided that a withdrawing member must pay, or arrange to pay, its share of any debt incurred by the authority, and that it pledge to pay its annual dues to the authority for two years after withdrawing. [Del. Ware introduced H.B. 358; incorporated into H.B. 1206] I 2011 General Assembly ~ TransDominion Express Commission ~ Passenger Rail Service ~School Start Date ~ Evictions ~Synthetic cannabinoids (K2) I I I I I 131 TransDominion Express Commission Sen. 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) 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.) Senator Edwards advised that the Town meeting held on Wednesday, October 27 was well attended with over 100 persons present. He further advised that there was abuzz of excitement surrounding the Lynchburg Amtrak service and felt that a connector bus service was needed by the summer of 2011 in order to reassure Amtrak that there is a market in the Roanoke area. 132 Vice-Mayor Trinkle agreed with Senator Edwards' comments regarding the need for a connector bus service. He expressed his concern with regard to the possible low ridership due to an early departure time from Roanoke in order to arrive at the Amtrak station in Lynchburg. Senator Edwards was of the opinion that the bus would have sufficient time to arrive into the Amtrak Station and felt that riders would use the bus to avoid leaving their vehicles elsewhere or at the train station where parking is limited. I Vice-Mayor Trinkle called attention to the infrastructure upgrade to the tracks in order for Amtrak to travel through Roanoke, adding that the Roanoke rail station was ready. He also inquired about the funding amount for the service and if federal funds were available; whereupon, Senator Edwards explained that the City would need to provide $100,000.00 for operating costs for the connector bus service, but the infrastructure cost would total approximately $1 billion to allow passenger rail service in Roanoke since there would have to be a coordination between freight and passenger trains. ,,, Council Member Bestpitch inquired where the bus station would be located, noting his concern was regarding adequate parking for bus passengers. Senator Edwards indicated that the 0 Winston Link Museum had been identified as a possible location; however, Norfolk Southern Corporation might have issues due to the track situation. Council Member Ferris inquired about the volume of passengers needed to I justify its significance to Amtrak for consideration of a passenger rail service; whereupon, Senator Edwards remarked that the more assurance you can give Amtrak concerning rider ship, the better. Council Member Ferris added that surveys are being conducted to identify how many passengers use Amtrak that are not from Lynchburg to evaluate if Roanoke needed an Amtrak station, adding that Bedford may be interested in participating in the bus service and encouraged discussion between the local bodies. Council Member Bestpitch suggested that the City try to identify non-residents riding the train in Lynchburg. At this point, the City Attorney continued with the presentation as follows: I I I I 133 School Start Date The City's School Board should be authorized to set its school calendar so that the first day students are required to attend school shall be no earlier than two weeks prior to Labor Day. (Del. Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.) Evictions Sections 8.01-156, 55-237.1, and 55-248.38:2, Code of Virginia, either authorize or require (the statutes do not seem consistent in their provisions) sheriffs to remove the personal property of anyone ordered to be evicted from the premises of another and to set such property in the "public way," This is an archaic practice that City neighborhoods have complained of for many years, as it usually creates an unsightly pile of belongings that are left for scavengers and the weather to scatter, until such time as they are either removed by the landlord, or removed by the City, which is a nuisance and an expense to the City's taxpayers, These sections of the Code of Virginia should be amended to eliminate the provisions permitting the personal property of persons being evicted from being placed in the "public way". (Requested by City's Division of Solid Waste Management) Mr. Hackworth added that the City oppose efforts by the State to limit local government taxing authority, such as eliminating the business license tax or the machinery and tools tax. He also pointed out that the Council will take action at the 2:00 p.m. session to request that the General Assembly adopt legislation making the sale or use of products containing synthetic cannabinoids illegal in the Commonwealth of Virginia. He pointed out that the City is encouraging the use of recyclable bags, and prohibiting retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii) at least 2.25 mils thick, and (Hi) specifically designed and manufactured for multiple use. 134 The City Attorney called attention to the predatory lending practices, emphasizing that local governments must retain the authority to regulate the location and number of payday lending institutions, and the State should limit the effective interest rates and fees charged on loans to 36 percent; and legal advertising whereby the City and its citizens expend tens of thousands of dollars annually to publish legal ads in newspapers, as required by various Sate laws for various types of notices, indicating that State law should be changed to permit some of these notices to be given by the Internet or by radio or television, in order to reduce costs or the required number of publication of such ads should be reduced. (For full text, see copy of presentation on file in the City Clerk's Office.) Following discussion regarding the issues cited by the City Attorney, School Board Trustee Vaught shared three items for legislation as requested by the Roanoke City Public Schools, as set forth below: School Start Date - The City's School Board should be authorized to set its school calendar so that the first day students are required to attend school shall be no earlier than two weeks prior to Labor Day. Education Funding - The State has a constitutional duty to meet its education funding ,obligations. The City supports full funding of state education programs including the Standards of Quality, incentive, categorical, and school facilities programs. The City opposes changes in methodology and changes in the division of financial responsibility that result in a shift of funding responsibility from the state to localities. As an example, the City opposes the elimination or decrease of state funding for state mandated benefits for school employees. The state should consider alternatives to generate additional funds to fulfill the constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the amount of funding for the personal property tax exemption program. The City opposes policies that lower state contributions to education under the Standards of Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards of Accreditation and Standards of Learning. The state should not continue to maintain and increase educational requirements while at the same time decreasing state funding. I I I I I I 135 Virginia High School League - The Virginia High School League (VHSL) is an important and influential part of the Virginia educational system. As such, City Council and Roanoke City Public Schools (RCPS) believe it is important that the oversight and organizational structure of the VHSL be examined to ensure its mission, activities and decision-making processes are consistent with those of the State Department of Education and supportive of all Virginia school districts and the unique characteristics therein. (See copy of 2011 Roanoke City Public Schools Legislative Program on file in the City Clerk's Office.) In connection with the Virginia High School League, Chairman Carson stated that consideration of legislation was needed to govern oversight in order to ensure that its mission is carried out. Indepth discussion also centered on the school start date. There being no further discussion, the Chairman of the School Board declared the joint meeting adjourned at 10:17 a.m. There being no further discussion, the Mayor declared the meeting in recess at 10:17 a.m. At 10:28 a.m., the Mayor reconvened the informal session for the following briefings: BRIEFINGS: Budqet for Outcomes: The City Manager shared information regarding the following: Budqetinq for Outcomes Process ./ Set priorities and draft priority statements ./ Establish priority teams ./ Refine priority statements and create strategy maps · Create request for results document · Offer development · Offer review and first ranking · Announce the price of government . Second ranking · Budget committee review and feedback · Recommendations to Council 136 Terminoloqy . Causal factor - an important contributor to an outcome . Outcome - the desired result . Indicator - high level measure of performance . Measure - expression documenting how an indicator will be quantified I I 'Outcomes Priority Priority Statement ~ .. ~ -Outcomes ~ Causal Causal J Factor Factor o I-Outcomes ~ Causal Causal Factor Factor \ , .. '-I-Outcomes i~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~~i~~~?~~~ ~ ~~ ~ ~ ~ ~~ ~ ~J I PRIORITY TEAMS Team Leaders Economy - Bob Bengtson Education - Sheila Umberger Good Government - Jane Conlin Human Services - Ken Cronin Infrastructure - Tom Carr Livability - David Hoback Safety - Steve Buschor I 137 I Priorities and Statements - Auqust 30. 2010 · Economy:- Make Roanoke a thriving, business-friendly community that encourages prosperity and job opportunities. · Education - Improve student performance and graduation rates through proper results - driven school funding that encourages greater value through shared services and community involvement. . Good Government - Provide efficient, responsible and open government to well serve our citizens. . Human Services - Roanoke is a carinq community that provides a social safety net while encouraqinq self-sufficiency... . Infrastructure - Work to maintain and create good city services for a clean, safe and sound infrastructure. · Quality of Life - Create a positive quality of life for all city residents by making Roanoke an attractive, vibrant city in which to live, work and play. · Safety - Ensure that citizens' emergency safety needs are promptly met and promote ongoing safe/livable neighborhoods. I Assure oommunity safety needs are met and promote a safe and desirable region. City of Roanoke Priorities ~'f'~ ~E',"~ Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our oommunity. , Education Foster an environment for lifelong learning 'Nhich encompasses cradle to career and be~nd through shared services and community involvement Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play. Livability GoD Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible publicfacilities and amenities. Infrastructure Government ~ Human ~ ...... Services l--/ Provide effective government which maximizes resources to ensure an open, responsive, and innovative service to the community Foster a caring community that utilizes a regional and collaborative approach which encourages self-sufficiency 'NIlile providing a social safety net to citizens 'NIlen they are most vulnerable I 138 I Economy Cultivate a thriving business environment and innovative workforce opportunities to ensure the prosperity of our community, -Job Growth -Job Opportunity Awareness -Retain & Attract People -Higher Wage Jobs -Responsive Government Processes -Regional Partnering .Premiere Business Environment -Increased Attractions & Tourism Human .. Capital Asset Investment Development o .Strategic Programming -Vibrant Places -University Collaboration -Information Accessibility .Brand Awareness & Effective Marketing oTr.'usted Leadership .Confident & Consistent Direction Education Foster an environment for lifelong learnIng which encompasses cradle to career and beyond through shared services and community involvement. 'Children ready for schooling/formallearning -Families & community value & support learning Business Asset Developme~promotion :- - u u u -- - - ~~~~t~r-g- - - - - - - - -- - ui : .TaxBase : "'Iet..lOOGIOw\tJ I .AverageWage I .commercial 8< Indulirial Real Estate Markel :_ ~~~~et_~ ~r~~_ ~~_~~s_ _ _ _ _ _ _ __ u _ _ J EM, -- L 'I Support of earning . S h I R d' K-12 AcademiC C 00 ea mess Programs Adult . _. u u. _ _ _ _ _ _ _ _ _ ~.e:~!.~i.~!ln.......... ~ .Phonological Awareness Literacy Screenings (PALS) scores 'Accredited schools 'Graduationrates 'Adulllearning opportunities I -Successful students -Families & community value & support learning .Productive & educated citizenry 'A skilled workforce -Lifelong learning opportunities -Families & community value & support learning I I Good Government Provide effective government which maximizes resources to ensure open, responsive, and innovative service to the community. High "Efficient & Performing Effective Employees Operations -Excellent Customer Service .Engaged & Innovative 'High Morale 'Highly Competent, Well- Trained Staff -Broad Vision 'Approachable & Accessible -Inspiring -Results Oriented o .Effectively Managed Resources -Compliance -Streamlined Processes -Accessible 'Best Practices -Accurate Accounting . Transparency -Efficient Fiscal Operations -Effective Fiscal Planning & Budgeting Human Services Foster a caring community that utilizes a regional and collaborative approach which encourages self-sufficiency while providing a social safety net to citizens when they are most vulnerable, I .Promote Healthy and Safe Neighborhoods .Promote Positive Youth Development .prevent Poverty . Promote Self- Sufficiency .PubliC Awareness and Education 'Service Delivery I Effective Responsible Leadership Financial ~anagement ,----------------------------------, : ~ : : 'Customer Satisfaction SlIVey Results : : 'Professional Recognitions/Awards : : 'Employee Retention/Recruitment : 'Financial Performance 'Use of Online Services : oLocallRegional Collaboration : ~ ~~~~~I~~l~~~ ~~~_~~~_ _ _ _ _ _ _ _ _ _ _ _ J .. Accessibility Caring to services..community ~ -Citizen survey results oSocio-economic and quality of life trends -Meeling regulatory and legal obligations .Sufficient capacity to reduce demand . Early Identification -Family Involvement! Holistic Approach -Integrate Citizens into So~iety oOeinstitutionalization -Empowerment . Involvement . Foster positive adult relationships 139 140 Infrastructure Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful commercial areas, and accessible public facilities and amenities. I -Functional- Planning/Design 'Safe and Well Maintained 'Multimodal -Regionalism 'Safe and Well Mai ntained -Attractive Streetscape .Plan Implementation 'Adequate Storm Water Systems 'Collaboration & Communication .. / Transportation Environment o -Clean Air, Land and Water -Sustainability -Stewardship -Conservation -Regionalism Technology, Neighborhood Buildings and Improvement......... EqUiPmen~ r----------~------------, : ~ : , , Valued, .. Engaged & Attractive Informed Community Community Quality A 'b'!'t Am 't' ccessl II y enlles .. I rid icators: 'Community and Neighborhood Desirability oCommunty Engag€fT\ent 'Community Satisfaction 'Participation in Community Activities, Events and Exhibits D 'Accessibility (Proximity / Maintenance) 'Functional (Useable / R..iable / Accessible) 'Enduring (High Quality) 'Sustainability Livability Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active city in which to live, work and play. -Community involvement .Active neighborhoods 'Public-private partnerships 'Personal enrichment -Effective communication thru diverse media -Diverse offering of cultural events and exhibits -Recreational opportunities 'Vibrant neighborhoods and healthy business districts -Maintain natural environment and unique assets " aMeeting Regulations/Legal Mandates : .Citizen Survey Results : .Environmental Trends : .Proactively evaluate and maintain infrastructure , ----------------------------------------- I 'Safe, clean and attractively maintained community .Home ownership 'Zoning, land use and codes compliance 'Compatible design and well-maintained structures -Safe, accessible, bicycle and pedestrian friendly -Public transportation 'Regional connectivity .Convenience of public services I I I I 141 Safety Assure community safety needs are met and promote a safe and desirable region. 'Strategic planning 'Social safety programs in neighborhoods & commercial areas 'Hazard mitigation through design, technology, and infrastructure .. -Reasonable response times -Offender accountability .Proactive risk assessment & resolution Prevention Responsiveness D 'Compliance with national regulations & standards 'Implementation of environmentally sustainable practices -Community involvement in strategic planning Quality Standards ,---,-- Communication 'Effective emergency warning system .Knowledgeable staff -Community awareness, education, interaction Indicators: oAccreditabon I .jnsurallC6 Services OffICe (JSO) rating .Performance standards .Customer surveys , .Crime rates , l-=~u~__~.f__~ope~~ los~ ~.~_:~~_~~~_~.~. ~.~.~.~.~.....l (For full text, see copy of presentation on file in the City Clerk's Office.) Mr. Morrill discussed the next steps to develop requests for results: o Questions and feedback from Council o Revisions to Strategy Maps o Team Development of Requests for Results o Training - Offer Development and System o Offer Development and Submission o Priority Team Reviews and Rankings (Two Rounds) o Setting the Price of Government o Budget Committee Review o Recommendations to City Council As set forth below are several comments/suggestions offered by the Mayor and Members of Council: o Include the A YP as an indicator as part of the Education priority and statement. o Include the School Board as part of the Education Team and extend an invitation to the Board to become a part of the process in order to insure buy in. o Include Virginia Tech Biomedical Center, Virginia Western Community College, Higher Education Center, and Total Action Against Poverty as part of the Education Team. o Include an indicator to gauge performances of the schools' finest students or struggling students. o Constitutional Officers should have representation 142 o Regionalism with human services and safety o Citizen survey indicator may be same as previous years, not accurate o Need more diversity in downtown o Serious consideration of cameras as a prevention in connection with safety. There being no additional comments by the Council, the briefing was received and filed. Financial Policies (Follow UP Final Recommendations - Reserve Policies/Debt Policy): The Director of Finance gave the following overview regarding recommendations to adopt comprehensive Reserve and Debt Management Policies and to modify guidance for refunding of debt to establish greater flexibility yet assure prudent fiscal management: Reserve Recommendations October 7th I' . Fold,Budget Stabilization Reserve into Undesignated . Undesig[1ated fund balance 10% of budget . Risk management reserve: . 25% self-insured c1aims_ . 10% fully insured pr~iums . $1M additional catastropn'ic . Budget stabilization reserve re-established at 2% of budget . Incremental additional fu~ding of .1 % to .2% until reserves fully )u!:].ded -. . . Retain Economic & Community Development Reserve . Use three year period for reserve replenishment . Review policy biannually .~.: RQAJ'lQ~E,: I I I 143 I Reserve Recommendations November 1st . Fold Budget"Stabilization Reserve into Undesignated . Undesignated Fund Balance 10% of budget Risk Management Reserve: . 25%""'self-insured claims . 10% fully insured premiums . $1 M additional catastrophic: Incremental additional f~nciing of ,1 % to .2% ($250,000 to $500,000) until those two reserves ~\Jlly;funded but not later than FY 2016 . Once revenues return to peak level as adjusted for CPI and tax rate increases, establish an .Ecbnomic Downtum/Budget Stabilization Reserve up to 5% of budget by dedicating funding of 10% anticipated 1~9B~evenue growth ", , ,,',"-Incremental funding dedicated to reserves in any given year will not exceed greater of ,1 % revenue growth or $500,000 Retain Economic & Community Development Reserve Use three year period for reserve replenishment . Review policy biannually Red font indicates revisions to recommendations tr=~~'1 '~9..61'i91<~1 Reserve Example I . It istime for fiscal 2015 budget prep . Unde~ignated Fund Balance is 10% · Risk Management Reserve still needs $.5M . Revenues are beyond'peak level with local revenue growth of $8M exl5ected . .;r;, . Reserve funding would be $800,000 (10% of $8M) arl~ "Yould be allocated as follows: , ~/-.:>$500,000 toward fundi~g of the Risk Management Reserve - $300,000 toward funding of the Economic Downturn Reserve ~.....,./- r~ ~- ~~! ~~: R9~.!'J.oJS~i I 144 Debt Recommendations October 7th . Reduce the allowable ratio of net debt to assessed value to 4% from 5% \ . Modify our assessed value ratio such as to include not only real estate but also per~onal property and public service corporation tax . Increase the required p.rincipal payment within ten years from 50% to 60% .;';..--" . Strive to fund 1 0% CIP. using cash . Remove investment components from debt policy and place in separate investment policy . Agd ynderwriter selection to debt policy '~7Ad(fsections to address short-term borrowing and lease financing - . Modify guidance for refundin~ of debt to establish greater r/;:o;;;;;;~~~;~~~:~~~;~~;;;:~:;' ~i . assessed value ratio of 4% or less using only real estate !~Q~NQKEi r/ Other Policy Recommendations OC,tober 7th and November 1 st . Adopt comprehensive Reserve and Debt Management Policies Strive to fund 10% CIP using cash . Remove investment;E:omponents from debt policy "...... and place in separ~t~investment policy . Add underwriter selection to debt policy . Add sections to add\ess short-term borrowing and ,:,.Iease financing . Modify guidance for refunding of debt to establish _ greater flexibility yet assure prudent fiscal management Irgd ,R9!\NQK.E Following comments by the Council, the briefing was received and filed. Capital Improvement Proqram (CIP) Overview: As set forth below, Sherman M. Stovall, Assistant City Manager for Operations, and the Director of Finance presented overviews of completed projects and projects in the current CIP, as well as a schedule for planned bond issuance and debt service funding; and the Director of Finance reviewed planned future debt and shared goals for reducing reliance on debt, as well as funding needs not in the CIP and funding requests for schools: I I I 145 I Briefing Focus o Begin planning for new five year cycle o Overview of completed projects o Overview of projects in current CIP o Questions/requests for information Not Requesting Council To Make Decisions Completed Projects o High School Facility Improvements - $119.2 million o Fire - EMS Facilities Improvements - $13.4 million o Civic Center - $19.9 million o Police Facilities - $19.5 million o Library Facilities - $4.3 million I Priority Areas o Good Government o Human Services o Infrastructure o Safety o Education o Economy/Job Development o Livability/Quality of Life Library Master Plan o Planned Proiect Activities o Construction of a full-service branch on Peters Creek Road o Renovation of an existinq branch or development of a storefront branch Riverside Centre for Research and Technology Phase I o Planned Project Activities o Land Assembly o Demolition of the Virginia Scrap Iron Metal site o Planned expenditures - $4.4 million o Prior Year Spending - $24.9 million I Roanoke River Flood Reduction o Planned Project Activities o Bench cut construction from Hannah Court to Bridge Street o Pedestrian Bridge linking Wasena Park to Hannah Court o Bench cut construction near Aerial Way and Peters Creek Road o Planned Expenditures - $280,499.00 o All required funding appropriated o Prior Year Spending - $23.2 million 146 Parks and Recreation Master Plan o Planned Project Activities o Master Plan totals $74.9 million and includes: · Community recreation center · Signature park - Rivers Edge/Reserve Avenue · Signature park - Mill Mountain · Neighborhood park improvements · New park in northwest community · Recreational development at Carvins Cove · Implement Washington Park Master Plan o Planned Expenditures - $6.4 milllion I Elmwood Park Amphitheater o Planned Project Activities o Construction of a 5,000 seat outdoor amphitheater o Planned Expenditures - $14.2 million Greenways and Trails o Planned Project Activities o Continued development of greenway and trail projects o Planned Expenditures - $4.4 million School Enerqy o Planned Project Activities o HVAC, lighting and plumbing improvements at Monterey, Morningside, Preston Park, and Westside elementary schools o Planned Expenditures - $1,110,000.00 I Neiqhborhood Storm Drain Proqram o Planned Project Activities o Planned Expenditures - $172,558.00 o Funding available will only support minor maintenance o Identified funding need - $58.9 million Bridqe Maintenance. Repair. and Renovation o Planned Project Activities o Small Maintenance Projects o Repair and Renovation Proiects o Planned Expenditures - $5.4 million Curb, Gutter, and Sidewalks o Planned Proiect Activities o Projects in Hurt Park 'neiqhborhood usinq ARRA funds and City- wide projects based on need o Planned Expenditures - $3.3 million I I Streetscape Projects o Planed Project Activities o Improvements to 6th Street between Marshall Avenue and Campbell Avenue o Downtown Project - To be identified o Planned Expenditures - $797,834.00 VDOT Hiqhway Proiects o Planned Project Activities o 10th Street I mprovements Phase I and II o Corridor Improvements on Hershberqer Road o 13th Street and Hollins Road o Intersection Improvements (various locations) o Oranqe Avenue to urban 6 Lanes o Planned Expenditures - $3.1 million Market Building Renovations o Planned Proiect Activities o Renovation of interior, replacement of aging utility infrastructure, and improved streetscape surrounding the building o Planned Expenditures - $7.4 million I 800 MHz Diqital Radio Conversion o Planned Project Activities o Conversion of analoq radio infrastructure to diqital o Planned Expenditures - $6.3 million Financial Application Integration o Install new release of Advantaqe Accountinq System o Tax and Treasury System o Planned Expenditures - $1.7 million Other - Capital Contributions o Center in the Square o Science Museum o Harrison Museum o YMCA Expansion SUMMARY - PLANNED BOND ISSUANCE I FY 2012 o Library Master Plan - $800.000.00 o Parks and Recreation Master Plan - $4.200.000.00 o Amphitheater Desiqn - $1.200.000.00 o Curb. Gutter. Sidewalks - $1.000.000.00 o Diqital Radio - $4.108.000.00 147 148 FY 2013 o Library Master Plan - $10.442,000.00 o Parks and Recreation Master Plan - $2,000,000.00 o Curb. Gutter, Sidewalks - $1.250.000.00 o Bridqe Renovation - $1,250,000.00 FY 2014 o Library Master Plan - $2,750,000.00 o Amphitheater Construction - $13,000.000.00 I Debt Service Funding · Accumulated debt service funding is sufficient for currently planned debt issuance Excess Debt Fiscal Debt Service Projected Debt Service Year Funding Service Funding 2012 $23,356,000 $22,151,000 $1,205,000 2013 23,356,000 22,816,000 540,000 2014 23,356,000 23,356,000 - 2015 23,356,000 20,529,317 2,826,683 27 I Ratio of Debt Service to General and School Fund Expenditures (10%) (Reflects Issuance of Planned Future Debt) Net Debt Service as a % of Expenditures ""I ':~J_ .,,~ ~ I ::t i I ,,,L Policy ;:::':"(~;":f:l'""h'";~: c"mp"~~:"'A"""'::::"~1 F>e~O: ,m.lJ;OW lOU" lOll' lOU' 2014" "'..' 0.'" "'",~..,",Iu;l.."'f.."~~or1inl dobt, ""h.. plV"'''' lor1l1. W..tern V'I"" W.ter A"'tJo,rv.h<l Plrkln,f"',," (;'" o.l ..,or"... llIA"um..ll'l"pIIndl"'OI"'''''' In PI lOll &. IOH,~"I",,,,,n ~ PfIOllonG2l'1t1l.r..tte, l2IAD"m" bond ....."'. 0' SlIM" Plll,$1~,9'SMI' FYll &. S1 S.7SM in Plt4 28 I I Ratio of Net Bonded Debt to Assessed Value of Taxable Property (Reflects Issuance of Planned Future Debt) Overall Net Debt to Total Assessed Value '0' I '~] ." t'" ,oJ ,J ,~I oj Current policy '.0"- '" '"' ,.. .- " .- " '" ).5% " ." ,,, .- ~ A_ 'A f- - - ,,- - e.- - I- - 1-1 -- - - - - l- e.- - - - - - Proposed policy mID 2005 2~ ~7 2~ 2~ lOW' 2011" 2012' IOU' 20~' 2015" .DobttoR..I&.....V(Cu"u'Polcyl .Dob'toR..IEi....,...r..,,,.I.I>dP"blcSe'"io:.COf""f....".y(~cQ"',,..nd.dPoIi:.1 'Prejecte<:l SCLJ"'es:CitycfRca""~ancllt'eCOmpleh&n!I'"eAnnuoIF'''''rcial Repcrts,FYce-og Note: Net DeblexclL.des u~-'oLJppo'llrg debt, s<.<:hu paylMnlS fo'theWestem Virgin.. Wale' AUmntyam Pa""Illle'lhe C~yof Roaroke (1)AssumesrealestateAVgrcWlhof1.8%lnFY2010, 1.3% grcl'llhm FY 2011. 0'1; gfOWlh In FY2012 & FY2013, arcl1% lhe_lie, A..crnesp.ersc...lanclpubllcservocecorpo",loon<ema,nflal 12)As,umesbonclis'La;ceofS12M'nFY12,S14~MlnFY13&$15.75MinFY14 29 Reduction of Aggregate Debt Within Ten Years (Reflects Issuance of Planned Future Debt) Net Debt Retirement in 10 years I ::l """1 """ I 50.0% r I .,,,,,L oo.""L "".I "",,[ ,,,,,L ~ ~ ~ ~ ~ ~. mI" ~ m~ ~ SCUfCK: Cilyof Roano... COmp..he....i.e Annw.1 Finarcial Reports, FYOs..oo Note: Net Debt e~cl""" seff~uppol'\iog debt n,<;h as payments fe'tho Western Virginia Water Aulr.orrty ard Parkir>;l forthe City of Rea...,... (l)Auurnes bord iUl.Ilrceof$12M in FY '2, S'4.045M jn FY 13. $16,75M in FY 14 - Current policy - - - - - - - - - - I-- - I-- - - I-- - I-- - - - - - - - - - - - - - - ,- - - - - - - - - - - - 1- - - - - - - - - - - 1- - - - -- -,- - - - - - - - - _ ProFX>sed policy 30 At this point, Mayor Bowers left the meeting (1 :25 p.m.) " Goal- Reduce Reliance on Debt o Develop plan to budget more recurring cash funding for capital projects I Fundinq Needs Not In CIP o Library Master Plan o Parks and Recreation Master Plan o Neiqhborhood Storm Drain Proqram o Bridqe Maintenance. Repair and Renovation o Curb. Gutter and Sidewalks o Streetscape Proiects o Courthouse Expansion o Market Garaqe 149 150 Funding Request - Schools o Request of $5 million per year for capital maintenance through FY2015 o Identified HV AC and Automated Control Projects o Identified Plumbing Projects o Estimated cost of $4 million to $7 million for each school Fundinq Needs Not In CIP - Civic Facilities o Priority 1 - $3.460.000.00 o Priority 2 - $2.210.000.00 o Priority 3 - $3.818.000.00 Project Priorities , o Library Master Plan o Civic Facilities o School Capital Maintenance o Market Garage o Courthouse Expansion o Parks and Recreation Master Plan o Neighborhood Storm Drains o Bridge Maintenance, Repair and Renovation o Curb, Gutter, Sidewalks o Streetscape Projects o VDOT Highway Projects (For full text, see copy of document on file in the City Clerk's Office.) Below are comments from the dialogue regarding the capital improvements program update: o An appropriate time for indepth discussion of amphitheater o Greenways - $6 million needed to complete project o Railroad land for possible rails and trails o Additional information on Transportation Museum o Timeline for immediate needs (Funding Request for Schools) o Reconsideration of Library Branch o Revisit stormwater fees in spring 2011 o Seek regional approach for stormwater management o Opportunity for possible private/public partnership for greenways ~ There being no further comments, the Vice-Mayor declared the meeting in recess at 1 :42 p.m., to be reconvened at 2:00 p.m., in the Council Chamber Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. I I I I I I 151 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 Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by the Reverend Jeff D. Wilson, Pastor, Huntington Court United Methodist Church. The Posting of the Colors and Pledge of Allegiance to the Flag of the United States of America was led by students of the Junior ROTC from Patrick Henry High and William Fleming High Schools. PRESENTATION AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-VETERANS: Council Member Bestpitch offered the following resolution in honor of the Roanoke Valley Veterans Council and its donation of flags to the City: (#38989-110110) A RESOLUTION paying tribute to the Roanoke Valley Veterans Council and its donation of one hundred flags in preparation for the Virginia's Veterans Parade on November 6, 2010. (For full text of resolution, see Resolution Book No. 74, page 492.) Council Member Bestpitch moved the adoption of Resolution No. 38989-110110. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. The Mayor presented a ceremonial copy of Resolution No. 38989-110110 to Dan Karnes, Lieutenant Colonel, United States Army (Retired), President, Roanoke Valley Veterans Association. 152 PROCLAMATIONS-VETERANS: The Mayor declared Thursday, November 11, 2010, as Veterans Day 2010. (See ceremonial copy of proclamation on file in the City Clerk's Office.) The Mayor presented a ceremonial copy of proclamation to Dan Karnes, Lieutenant Colonel, United States Army (Retired), President, Roanoke Valley Veterans Association. SISTER CITIES-ART: Mayor Bowers presented Honorary Citizenship Certificates to participants representing Roanoke's seven Sister Cities in the Arts Council of the Blue Ridge ArtView, Roanoke Valley Sister Cities International Art Show. ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES: Council Member William D. Bestpitch presented to a Certificate of Appreciation Plaque to the City Manager in recognition of City employees in honor of City Appreciation Day on October 21,2010, from Jeffrey Campbell, President, Old Southwest, Inc. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS-BUSES: Josephine Hutcheson appeared before the Council and expressed concern with regard to the changes in Valley Metro bus stops. She suggested that the bus drivers provide explanations to the passengers regarding the changes in the bus stops. The City Manager offered the following three reasons why scheduled stops were important: . Safety - people can be injured when the bus stops at a non-safe curb. . System Procedure - multiple routes depend on the timeliness of each other to keep the stops on schedule so that passengers will not miss their connections. . Traffic flow - traffic can be delayed if too many unscheduled stops are made. Council Member Bestpitch suggested that citizens submit information to GRTC Board advising of specific locations where bus stops should be established so that Valley Metro may be aware of said concerns. Mayor Bowers asked that Carl Palmer, General Manager, Valley Metro, submit an oral report to the Council regarding the number of complaints received regarding the issue of changes in certain bus stops. I I I I I I 153 CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. BLUE RIDGE BEHAVIORAL HEAL THCARE-COMMITTEES: A communication from Tim Steller, Executive Director, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Dana Barnes Lee as an at-large member of the Board of Directors, for a term ending December 31, 2013, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request 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. NAYS: None-O. EASEMENTS-STREETS-ROANOKE RIVER FLOOD REDUCTION PROJECT: A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, to grant a conveyance of an easement on City-owned property to Verizon for bench cuts along Aerial Way Drive, S. W., in connection with the Roanoke River Flood Reduction Project, 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. 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. 154 OATHS OF OFFICE-ECONOMIC DEVELOPMENT AUTHORITY-HOUSING AUTHORITY-AIRPORT-TOWING ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Boreham B. Johnson as a Director of the Economic Development Authority for a term commencing October 21,2010, and ending October 20,2014; Timothy A. Witten as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term of office ending August 31,2014; Cynthia D. Lawrence as a City representative of the Roanoke Regional Airport Commission to fill the unexpired term of James M. Turner, Jr., ending March 9, 2011; and Samuel Roman as a member of the Towing Advisory Board to fill the unexpired term of James Fazio ending October 31,2012. Council Member Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: EVENTZONE-SPECIAL EVENTS: Larry Landolt, Executive Director, EventZone, gave a brief report regarding the festivals and events for 2010. He highlighted the following information: Festival in the Park . 2010 41st Year . 42,000 individuals attended . Concerts featured national artists, with top 30 music hits Party in the Park . Record attendance in 2010 . Donated over $11,000 to 5 non-profit organizations . Partnered with downtown restaurants for post festival eating . Nominated for Best Concert Series by the North Carolina Beach Music Association Awards for 2010 I I I I I I 155 St. Patrick's Dav Celebration · 12,000 individuals attended · Declared the busiest day in downtown Roanoke EventZone · EventZone will pay over $30,000 in meals, admissions, and State sales taxes · Vendors who participate in festivals will contribute over $50,000 in City and State taxes · 30% of individuals attending Festival in the Park, St. Patrick's Day Celebration and the SunTrust Big Lick Blues Festival are from outside the Roanoke Valley Henry Street Festival · Suffered poor weather conditions . Overall a success He indicated that Celtic Crossroads will perform twice at the Mill Mountain Theater on March 12, 2011, which brings a new component to the St. Patrick's Day Celebration, and a free admission concert series also will be held on Wednesday nights in Market Square. (For full text, see copy of 2010 State of Festivals and Events Report and written comments on file in the City Clerk's Office.) Council Member Bestpitch advised that Fork in the City, being an EventZone partner, provides a discount for post Party in the Park eating, adding that he and his wife enjoyed attending the many downtown festivals. At this point, Vice-Mayor Trinkle left the meeting (3:00 p.m.) Council Member Rosen expressed appreciation to EventZone for their efforts and asked that all festivals be kept in downtown in order to benefit the many businesses in the area. Mayor Bowers advised that he would be meeting with Mr. Landolt to discuss development of an additional festival or celebration for Virginia Traditional Music. Without objection by the Council, the Mayor advised that the remarks would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. 156 ITEMS RECOMMENDED FOR ACTION: I DOMESTIC VIOLENCE-GRANTS-TOTAL ACTION AGAINST POVERTY- POLICE: The City Manager submitted a written communication recommending acceptance of an Office on Violence Against Women Safe Havens Supervised Visitation and Safe Exchange Continuation Grant from the Department of Justice; and authorization to continue the sub-grant agreement with Total Action Against Poverty in connection therewith. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#38990-110110) A RESOLUTION authorizing acceptance of the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant from the United States Department of Justice, Office on Violence Against Women, in the amount of $350,000.00, and authorizing execution of the sub-grant agreement between the City and Total Action Against Poverty in Roanoke Valley ("TAP") to continue the services the grant will enable, and any additional documents required to accept the grant. (For full text of resolution, see Resolution Book No. 74, page 493.) Council Member Price moved the adoption of Resolution No. 38990-110110. I The motion was seconded by Council Member Lea. Inasmuch as he currently serves as a member of the Total Action Against Poverty, Council Member Rosen advised that he would be abstaining. Council Member Ferris inquired if the grant funding involved Sabrina's Place on Day Avenue, noting that he has an interest in a limited partnership for the building which receives rental payments for Sabrina's Place; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, responded in the affirmative, adding that the grant includes funding for staff and rental payments for the facility. Based upon the above information, the Mayor asked if the City Manager wished to continue the matter until the next Council Meeting; whereupon, the City Attorney explained that four affirmative votes from Council were needed to pass the resolution, but not the budget ordinance. He pointed out that the budget ordinance could be amended and placed on its first reading by deleting the waiver to dispense with the second reading and brought back for its second and final reading at the next Council meeting on November 15. Although he serves as a member of the Board of Directors, Council Member I Rosen noted that he would vote in this instance even though he does not have a legal conflict of interest. I I I 157 Without objection by the Council, the matter was tabled until such time verification could be sought to confirm Council Member Ferris' inquiry. Having tabled the abovementioned matter until such time a response could be provided, the matter was removed from the table by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) R. Brian Townsend, Assistant City Manager for Community Development, advised that the grant will provide funding for staff and rental payments for Sabrina's Place. There being no further discussion, Resolution No. 38990-110110 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Trinkle was absent.) (Council Member Ferris abstained from voting due to a conflict of interest.) Council Member Price offered the following budget ordinance: (#38991-110110) AN ORDINANCE to appropriate funding from the federal government of the Safe Havens Supervised Visitation and Safe Exchange Continuation Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 494.) Council Member Price moved the adoption of Budget Ordinance No. 38991- 110110. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Trinkle was absent.) (Council Member Ferris abstained from voting due to a conflict of interest.) 158 GRANTS-WESTERN VIRGINIA WORKFORCE-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Western Virginia Workforce Development Board Workforce Investment Act Programs-Regional Cooperation Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolutio!1: (#38992-110110) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $30,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. ' (For full text of resolution, see Resolution Book No. 74, page 495.) Council Member Rosen moved the adoption of Resolution No. 38992-110110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#38993-110110) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Regional Cooperation Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 496.) Council Member Rosen moved the adoption of Budget Ordinance No. 38993- 110110. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 159 GRANTS-BUDGET-WESTERN VIRGINIA WORKFORCE: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Western Virginia Workforce Development Board Workforce Investment Act Programs - Exemplary Performance Grant. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38994~110110) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 497.) Council Member Lea moved the adoption of Resolution No. 38994-110110. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#38995-110110) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Exemplary Performance Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 498.) Council Member Lea moved the adoption of Budget Ordinance No. 38995- 110110. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) 160 GRANTS-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written communication recommending execution of Amendment NO.2 to the FY 2009 CDBG and HOME-funded Agreement with Total Action Against Poverty in order to allow time for additional housing development in the Hurt Park area. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#38996-110110) A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 2 to the FY 2009 Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Subgrant Agreement with Total Action Against Poverty in Roanoke Valley ("TAP") for housing activities in the City's Hurt Park neighborhood. (For full text of resolution, see Resolution Book No. 74, page 499.) Council Member Lea moved the adoption of Resolution No. 38996-110110. The motion was seconded by Council Members Bestpitch and Price and adopted by the following vote: AYES: Council Members Lea, Price, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Trinkle was absent.) (Council Member Rosen abstained from voting inasmuch as he serves as a member of the Total Action Against Poverty Board of Directors.) GRANTS-EQUIPMENT: The City Manager submitted a written communication recommending appropriation of funds in connection with certain technology projects. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: (#38997-110110) AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to various Department of Technology projects, amending and reordaining certain sections of the 2010-2011 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 500.) I I I I I I 161 Council Member Lea moved the adoption of Budget Ordinance No. 38997- 110110. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) COMMENTS BY CITY MANAGER: The City 'Manager reported that the Roanoke Valley Convention and Visitors Bureau would be hosting 25 journalists for a regional media tour of the Roanoke area-- the tour being conducted from October 30 to November 3, 2010, and the journalists staying at The Hotel Roanoke. He also pointed out that this was a great opportunity for the City to be showcased. In addition, he announced that the City was holding an IT Fair today and reminded the Council that Roanoke had been named a Leading Digital City for the last nine years, noting that the event was being held on the third floor of Municipal North from 11 :00 a.m. to 4:00 p.m., to allow certain City departments to display some of their technology. At the Mayor's request, Mr. Morrill offered an update on Police Officer A. P. Gregware, who was injured in an accident early on Sunday morning during a police chase. He reported that the officer lost control of his police vehicle which struck a vacant house on Fairfax Avenue in the northwest section of the City. He stated that the officer was trapped inside the vehicle, but was rescued by Police Lieutenant William Babb. Mr. Morrill explained that Officer Gregware was treated and released from the hospital with no life threatening injuries. In addition, the City Manager asked Solid Waste Manager Skip Decker to give Council an update on the City's 2010 Leaf Collection Program. Mr. Decker said information about 2010 Leaf Collection Program was mailed to residents on Friday, October 29, adding that copies would be delivered to city libraries, home centers and hardware stores throughout the City. Additionally, he reported that information also had been posted about the Leaf Collection Program on the City's homepage and Solid Waste Management Division's webpage, as well as posting messages about leaf collection on Twitter and Facebook. 162 Also, reemphasized that the City's 853-2000 number has a special message I about leaf collection, as well as contact information for the physically challenged citizens who need assistance with raking and bagging leaves. Furthermore, he said Neighborhood Services Coordinator Bob Clement distributed information to neighborhood leaders and is working with the leaders to enlist volunteers to assist. Mr. Decker pointed out that Solid Waste Management staff has been fielding calls from citizens complaining that stores were charging citizens $3.00 - $4.00 for a pack of five bags, adding that City staff's research found that the bags sold for $1.83 to $1.99. He pointed out that on the off weeks when the City would not be collecting leaves, residents may place up to six plastic bags filled with leaves and/or trash as bulk at the curb. However, he explained that raking loose leaves to the curb was not permitted, and homeowners would be fined for a violation of the City Code. He remarked that if the City had to remove the loose leaves, the homeowner would be charged an administrative fee as well as the cost of a private contractor. Mr. Decker noted that the official date for leaf collection was November 15, 2010, adding that the City would review the schedule if necessary due to the late falling of leaves in October. CITY ATTORNEY: PAYDAY LENDING-LAWS: The City Attorney submitted a written report I requesting that the Governor and General Assembly take action to prevent exploitative payday lending practices in the Commonwealth. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38998-110110) A RESOLUTION requesting that the Governor and General Assembly take action to prevent exploitative payday lending practices in the Commonwealth of Virginia. (For full text of resolution, see Resolution Book No. 74, page 501.) \ Council Member Rosen moved the adoption of Resolution No. 38998-110110. The motion was seconded by Council Members Price and Lea. Council Member Price noted that the Council adopted a similar resolution in 2007 and she was saddened that again in 2010 similar problems with payday lending still existed. She explained that the proposed resolution also will helps military personnel as they return to civilian life by providing a cap on the percent of interest to repay on the I loan. In closing, she emphasized need to increase the public's awareness of the danger of using payday lending institutions. I I I 163 Council Member Lea concurred in the comments of Council Member Price and expressed his frustration that the Governor and General Assembly have been slow to take action regarding the issue and that payday lending institutions continue to maneuver around the law. The City Attorney interjected that educating the public was the best proactive measure that could be done with regard to predatory lending practices, adding that the General Assembly will have to tighten the laws surrounding predatory lending in Virginia. There being no additional comments by the Council Members, Resolution No. 38998-110110 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) DRUGS-LEGISLATIVE: The City Attorney submitted a written report. recommending that the General Assembly make illegal the sale or use of products containing synthetic cannabinoids. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#38999-110110) A RESOLUTION requesting that the General Assembly adopt legislation making the sale or use of products containing synthetic cannabinoids illegal in the Commonwealth of Virginia. (For full text of resolution, see Resolution Book No. 74, page 502.) Council Member Rosen moved the adoption of Resolution No. 38999-110110. The motion was seconded by Council Member Price. Council Member Lea noted that Roanoke County also adopted a legislative request for the 2011 Session of the Virginia General Assembly to declare "spice" and synthetic cannabinoids illegal in the Commonwealth of Virginia. 164 There being no additional comments by the Council Members, Resolution No. 38999-11010 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) DIRECTOR OF FINANCE: FINANCIAL REPORT: The Director of Finance submitted a written report recommending revisions to certain financial policies. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39000-110110) A RESOLUTION adopting certain new Reserve and Debt Management Policies for the City, and repealing certain related current policies. (For full text of resolution, see Resolution Book No. 74, page 503.) Council Member Rosen moved the adoption of Resolution No. 39000-110110. The motion was seconded by Council Members Lea and Price. Mayor Bowers commented on the four key reserves including what he calls the "catastrophe fund", noting that the fund was not at the recommended capacity to assist the City in the case of a serious catastrophe. He added that the "rainy day fund" recommended by bond consultants was only to be used in the case of another economic downturn; the risk management fund is to ensure coverage of operations of the City of Roanoke as well as workman's compensation for employees; and the economic development fund is to provide initiatives and incentives to bring business to the City. There being no further comments by the Council Members, Resolution No. 39000-110110 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 165 Council Member Rosen offered the following budget ordinance: (#39001-110110) AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance Generally, of the Code of the City of Roanoke (1979), as amended, by repealing 92-188.1, Reserve for self-insured liabilities; and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 504.) Council Member Rosen moved the adoption of Ordinance No. 39001-110110. The motion was seconded by Council Members Lea and Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris 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: STATE HIGHWAYS-FIFTH PLANNING DISTRICT: Council Member Lea offered the following resolution supporting and endorsing the Route 419 Corridor Plan; and encouraging the City Manager to work with the Metropolitan Policy Organization (MPO), Virginia Department of Transportation (VDOT), and other localities to implement the recommendations outlined in the plan: (#39002-110110) A RESOLUTION supporting and endorsing the Route 419 Corridor Plan (March 2010) as a guide to the installation and improvement of public infrastructure within the Route 419 planning area. , (For full text of resolution, see Resolution Book No. 74, page 505.) 166 Council Member Lea moved the adoption of Resolution No. 39002-110110. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) MOTION AND MISCELLANEOUS BUSINESS: POLlCE-CELEBRA TIONS-CITY EMPLOYEES: Mayor Bowers reminded everyone about the reception in honor of Chris Perkins, the City's newest Police Chief, at 5:00 p.m., at the Roanoke Civic Center. REGIONALISM: Council Member Lea announced the State of the County Address on November 5, 2010 at 7:30 a.m., at the Green Ridge Park Recreation Center. At 3:47 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 4:03 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. OATHS OF OFFICE-COMMITTEES-HUMAN SERVICES: The Mayor called attention to the expiration of the four-year term of office of Pamela Kestner-Chappelear as a member of the Human Services Advisory Board ending November 30, 2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Pamela Kestner- Chappelear. There being no further nominations, Ms. Chappelear was reappointed as a member of the Human Services Advisory Board for a term of four years ending November 30,2014, by the following vote: FOR MS. CHAPPELEAR: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers~6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 167 OATHS OF OFFICE-PLANNING COMMISSION: The Mayor called attention to the expiration of the four-year term of office of Angela S. Penn as a member of the City Planning Commission ending December 31, 2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Angela S. Penn. There being no further nominations, Ms. Penn was reappointed as a member of the City Planning Commission Board for a term of four years ending December 31, 2014, by the following vote: FOR MS. PENN: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor called attention to the expiration of the three-year term of office of Robert K. Bengtson as a City representative of the Roanoke Valley Resource Authority ending December 31,2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Robert K. Bengtson. There being no further nominations, Mr. Bengtson was reappointed as a City representative of the Roanoke Valley Resources Authority for a term of three years ending December 31,2013, by the following vote: FOR MR. BENGTSON: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-BOARD OF ZONING APPEALS: The Mayor called attention to the expiration of the three-year terms of office of Drew H. Kepley and Kermit E. Hale as members of the Board of Zoning Appeals ending December 31,2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Drew H. Kepley. 168 There being no further nominations, Mr. Kepley was reappointed as a member of the Board of Zoning Appeals for a term of three years ending December 31, 2013, by the following vote: FOR MR. KEPLEY: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-LOCAL BOARD OF BUILDING CODE APPEALS: The Mayor called attention to a vacancy on the Local Board of Building Code Appeals created by the expiration of the five-year term of office of Reginald P. Church on September 30, 2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of William L. Holland. I There being no further nominations, Mr. Holland was appointed as a llJember of the Local Board of Building Code Appeals for a term ending September 30, 2015, by the following vote: FOR MR. HOLLAND: Council Members Lea, Price, Rosen, Bestpitch, Ferris and I Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEAL THCARE: The Mayor called attention to the three-year term of office of Vincent G. Dabney as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, on December 31, 2010; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Vincent G. Dabney. There being no further nominations, Mr. Dabney was reappointed as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term of three years ending December 31, 2013, by the following vote: \> FOR MR. DABNEY: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. (Vice-Mayor Trinkle was absent.) I I I I 169 . COUNCIL: With the 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 Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:05 p.m. APPROVED ATTEST: ~~..~~ City Clerk Sl:>Q~ David A. Bowers Mayor 170 November 15, 2010 I ROANOKE CITY COUNCIL-REGULAR SESSION 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, November 15, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration. Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members 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. I Moon, City Clerk. The Invocation was delivered by The Reverend James L. Armentrout, Pastor, St. Marks Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ANNOUNCEMENTS: Mayor Bowers announced that the Roanoke City Council will host its Annual Volunteer Reception at the Taubman Museum of Art on Tuesday, November 16 at 4:00 p.m., and that the 2010 Citizen of the Year will be announced at the event. Additionally, he reminded the public that the Grandin Road Parade will be held on Saturday, November 20 at 11 :00 a.m., and that anyone can participate. 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 and matters requiring referral to the City Manager will be referred immediately for response, recommendation I or report to Council. I I I 171 TRAFFIC-SCHOOLS: Susan Burnett expressed concerns about safety problems caused by traffic that exceeds the speed limit on Overland Road, S. W., near James Madison Middle School. She asked that the issue be reviewed; giving thought to installing speed bumps and possibly increasing police patrol to monitor the area when children are going to and from the schools. Council Member Ferris inquired if bike lane markings were drawn on the street; whereupon, Ms. Burnett replied no. There being no additional comments, Mayor Bowers expressed appreciation to Ms. Burnett for her concerns and referred the remarks to the City Manager for review, response and report to Council. YOUTH-POLICE: Stark Jones appeared before the Council regarding the Teen Party Ordinance that was adopted by the Council last year. He requested that the City Code be amended to require the presence of one off duty police officer at each teen party instead of two officers since his business could not afford two officers. Mayor Bowers referred Mr. Jones' remarks to the City Manager for review, response and report to Council. (See response from City Manager dated December 3, 2010, 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 meetings of Council held on Monday, September 20,2010; and Thursday, October 7,2010, 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers-7. NAYS: Nqne-O. 172 LEASE-ORVIS COMPANY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 6, 2010, at 2:00 p.m., to consider the lease renewal of Orvis Company, Inc., for retail space in the Center in the Square Parking Garage, was before the body. (See communication on file in the City Clerk's Office.) 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. ELECTORAL BOARD-ELECTIONS: A communication from F. Gordon Hancock, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on Tuesday, November 2, 2010, was before the body. (See communication and copy of Abstract of Votes on file in the City Clerk's Office.) Council Member Rosen moved that the Abstract of Votes 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. ROANOKE VALLEY RESOURCE AUTHORITY-BLUE RIDGE BEHAVIORAL HEAL THCARE-LOCAL BOARD OF BUILDING CODE APPEALS: Reports of qualification of the following individuals were before the Council: Robert K. Bengtson as a City representative of the Roanoke Valley Resource Authority for a term of three-years ending December 31, 2013; Vincent G. Dabney as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term of three-years ending December 31,2013; and William C. Holland as a member of the Local Board of Building Code Appeals for a term ending September 30, 2015. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) I I I I I I 173 Council Member Rosen moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members 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. ITEMS RECOMMENDED FOR ACTION: GRANTS-HAZARDOUS SUBSTANCE-BUDGET: The City Manager submitted a written communication recommending acceptance and execution of the United States Environmental Protection Agency (EPA) Brownfield Assessment Hazardous Substance Grant to fund environmental investigations of brownfield properties within the City. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39003-111510) A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection Agency (EPA) Brownfield Assessment Grant (hazardous substances) to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; approving and ratifying the execution of a Cooperative Agreement between the City and the EPA and authorizing the City Manager to implement, administer, and enforce such Agreement; and authorizing the City Manager to execute any necessary additional documents, to provide additional information, and to take any necessary actions to receive, implement, and administer such Assessment Grant, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 506.) 174 Vice-Mayor Trinkle moved the adoption of Resolution No. 39003-111510. 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. Vice-Mayor Trinkle offered the following budget ordinance: (#39004-111510) AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections of the 2010- 2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 507.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39004-111510. 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. POLlCE-GRANTS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the United States Marshals Service Grant to be used by the Police Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39005-111510) A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. (For full text of resolution, see Resolution Book No. 74, page 508.) I I I I I I 175 Council Member Ferris moved the adoption of Resolution No. 39005-111510. The motion was seconded by Council Member Bestpitch 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. Council Member Ferris offered the following budget ordinance: (#39006-111510) AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 509.) Council Member Ferris moved the adoption of Budget Ordinance No. 39006- 111510. The motion was seconded by Council Member Bestpitch 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. COMMENTS BY CITY MANAGER: The City Manager shared that the renovations were proceeding on the inside of the Market Building, and that a wrap was being installed around the fence, on the perimeter of the building. He encouraged citizens to go to the City's website for updates and photos of the construction work. In addition, Mr. Morrill announced that the City was moving away from print publications and, as a result, a new communications strategy had been launched using e-articles-selected news and feature stories about City happenings-which were now available on the City's website. He further stated that printed versions of said articles were posted on display kiosks at each of the City's six library locations, and that periodic reminders would be sent via MyRoanoke when e-articles and kiosk articles were updated. 176 He also announced that the last five months for the Roanoke Valley Convention I & Visitors Bureau (CVB) have been their most successful on record, with staff booking seven Valley-wide meetings for the Roanoke area, which will have a direct impact of more than $12 million. Furthermore, he shared that the CVB had been awarded $25,000.00 in grant funding from the Commonwealth of Virginia for marketing efforts, and $25,000.00 grant funding through the Virginia Tourism Corporation to promote the region. He added two weeks ago, the Convention and Visitors Bureau hosted 25 journalists from around the country, and the journalists were overwhelmed with Roanoke and could not believe the types of assets the City has. He mentioned that the citizens take for granted the place where they live, and need to take opportunities to be ambassadors for the City of Roanoke. At this point, the City Manager asked Skip Decker, Manager of Solid Waste Management to provide Council with ongoing communication about the City's 2010 Leaf Collection Program. Mr. Decker brought a sample of the brown paper bags that residents are required to use for leaf collection. He shared that the City kicked off its 2010 Leaf Collection Program this week, and that one of the questions frequently asked is "Do you have to seal the bag?" He answered by saying no, adding that most bags have a line at the top to indicate where to stop filling the bag. He remarked that flyers about the Leaf Collection Program were posted at public libraries and home centers throughout the I City. Furthermore, he reminded the public that the best alternative to raking was to mulch mow leaves. In addition, he said he had spoken with the City's Neighborhood Coordinator Bob Clement and the City is matching elderly residents with volunteers for assistance with raking/bagging leaves. Since the leaves were falling later than usual this time of year, Council Member Bestpitch questioned whether the leaf collection schedule should "be extended; whereupon, Mr. Decker replied that City staff will monitor the situation. Council Member Bestpitch also suggested that Mr. Decker speak about "America Recycles Day" and offer suggestions on how to increase recycling. Mr. Decker said that he recently attended a Virginia Recycling Association meeting in Charlottesville, where it was announced that this was the first year that every community in the Commonwealth made its recycling goal, adding that the Solid Waste Management Division continues to report a 45 percent recycle rate for the City of Roanoke. I I I I 177 He also reminded the public that wrapping paper (except foil), gift boxes, and ribbon could be recycled and encouraged citizens to use a clear bag to collect the paper and set it out for collection. Finally, he announced that next week, trash would be collected one day early due to the Thanksgiving Holiday. Council Member Ferris asked if an item had the recycle logo on the package could it be recycled; whereupon, Mr. Decker answered in the affirmative, adding that the City could only collect #1 and #2 plastics. Council Member Rosen shared that there was an Internet service called Green Dimes where you could opt to have 90 percent of your bulk mail reduced for a fee, and urged citizens to check it out. Mr. Morrill added to his comments that Roanoke was now the second City in Virginia and the first in Western Virginia to partner with Earth Aid, an organization which offers an online service to monitor your energy use. He explained that citizens could go to www.earthaid.net. insert their address, and receive a monthly report on how they compared to last year's energy use and the community's usage as a whole. In addition, he said there were incentives where you can earn points and that the City was working to get local vendors on board so citizens could redeem their points for coupons as they reduce their energy usage, 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. (For full text, see reports on file in the City Clerk's Office.) Council Member Price offered the following budget ordinance: (#39007-111510) AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 509.) 178 Council Member Price moved the adoption of Budget Ordinance No. 39007- 111510. The motion was seconded by Council Member Rosen and adopted by the following vote: I 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: CITY EMPLOYEES-HOLIDAY: Council Member Bestpitch suggested that Council consider passing an ordinance to allow an additional day of paid leave for City employees on Monday, December 27,2010, adding that no salary increases were given I this year and this is a way to show employee appreciation. Council Member Price added that she was in full support of the additional day off and hoped it would convey to the employees their importance to the City. At 2:48 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 7:04 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members 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. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; Stephanie M. Moon, City Clerk (arrived late); and Cecelia T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Mayor David A. Bowers. I I I I 179 The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scout Pack 1, First Presbyterian Church. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor recognized Kay Poindexter, Physical Education Teacher, Stonewall Jackson, Middle School, who was inducted into the Sports Hall of Fame on Saturday, September 18, 2010; and presented her with a City gift. 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, November 15,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Roanoke Valley SPCA to permanently vacate, discontinue and close a 10-foot alley between Baldwin Avenue and Light Street, N. E., adjoining properties bearing Official Tax Nos. 3210505 through 3210516, and 3210518 through 3210527, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 29, and Friday, November 5,2010. (See publisher's affidavit on filein the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the request, with the land being conveyed at a cost of $2,533.00, subject to the following proffered conditions: The applicant shall submit a subdivision plant to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of said ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 180 Upon recording a certified copy of such ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. I If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#39008-111510) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 511.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39008-111510. The motion was seconded by Council Members Lea and Rosen. The Mayor inquired if there were persons present wishing to speak on the I closure. There being none, he declared the public hearing closed. William M. Watson, Jr., Executive Director, appeared in support of the alley closure. There being no questions and/or comments by the Council Members, Ordinance No. 39008-111510 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, November 15,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke to permanently vacate, discontinue, and close 0.1070 acres of right-of-way on the western side of Aviation Drive, N. W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance, the matter was before the body. I I I I 181 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 29, and Friday, November 5,2010. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the closure subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of- way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39009-111510) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 514.) 182 The Mayor inquired if there were persons present wishing to speak on the closure. There being none, he declared the public hearing closed. I Council Member Ferris moved the adoption of Ordinance No. 39009-111510. The motion was seconded by Council Members Lea and Bestpitch. There being no questions and/or comments by the Council Members, Ordinance No. 39009-111510 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea and Mayor Bowers- 7. NAYS: None-O. ROANOKE RIVER FLOOD REDUCTION-VERIZON-EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, November 15,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to grant an easement, with an approximate width of 10 feet and an approximate length of 352.26 feet, across City-owned property identified by Official Tax Map No. 5210711, located at 3527 Aerial Way Drive, to Verizon Virginia Inc., in order for Verizon Virginia Inc., to relocate a communication system to perform the benchcuts needed in connection with the Roanoke River Flood I Reduction Project Benchcuts 36 and 44 along Aerial Way Drive, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 5,2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending execution of the deed of easement to Verizon Virginia, Inc., subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#39010-111510) AN ORDINANCE authorizing the conveyance of a 10-foot wide by 352.26-foot long above ground and underground utility easement across City- owned property located at 3527 Aerial Way Drive, S. W., designated as Tax Map No. 5210711 R, to Verizon Virginia Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 516.) I I I I 183 Council Member Lea moved the adoption of Ordinance No. 39010-111510. The motion was seconded by Council Member Ferris. The Mayor inquired if there were persons present wishing to speak on the matter. There being none, he declared the public hearing closed. Vice-Mayor Trinkle inquired if the easement was above or underground and if it would interfere with the greenway; whereupon, R. Brian Townsend, Assistant City Manager responded that the easement was primarily underground and plat only indicated the width; however, he would have records reviewed and report back to the Council prior to the end of the meeting. Without objection by the Council, the Mayor advised that the matter would be tabled until the question could be answered. Having tabled the abovementioned matter until such time a response could be provided, the matter was removed from the table by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. NAYS: None-O. Sherman M. Stovall, Assistant City Manager for Operations reported that according to the Engineering Department, the conveyance would not have an impact on the greenway. There being no further discussion, Resolution No. 39010-111510 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, November 15, 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Frederick W. Thomas, Jr., that property located at the intersection of Keagy Road and Crestmoor Drive, S. W., bearing Official Tax No. 5140201, be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions, for the purpose of developing the property for general and professional offices and/or medical offices, the matter was before the body. 184 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 29,2010, and Friday, November 5,2010. (See publisher's affidavit on file in the City Clerk's Office.) ) The Planning Commission submitted a written report recommending denial of the rezoning, noting that the 'application to rezone Official Tax No. 5140201 from R-12, Residential Single-Family, to MX, Mixed Use, was inconsistent with the Greater Deyerle Neighborhood Plan; and the proposed layout of the site furthered the development forms encouraged by the design principles of Vision 2001-2020 by locating buildings close to the frontage, de-emphasizing parking areas, and providing pedestrian accommodations. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39011-111510) 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 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. 74, page 517.) Council Member Ferris moved the adoption of Ordinance No. 39011-111510. The motion was seconded by Council Member Rosen. Frederick W. Thomas, Jr., appeared before the Council in support of his petition. Mr. Thomas shared information with the Council regarding the proposed rezoning for the corner of Keagy Road and Crestmoor Drive, S. W. (For full text, see copy of document on file in the City Clerk's Office.) The Mayor inquired if there were persons present wishing to speak on the rezoning; whereupon, the following individuals spoke in support or opposition of the rezoning: Lee Wilhelm appeared before the Council in support of a medical building on the site. Bob Caudle appeared before the Council in opposition of the request and urged the Council to support the recommendation of the City Planning Commission. I I I I I I 185 Clif Shick appeared before the Council in support of the rezoning request, citing revenue for the City. Ed Bowers appeared before the Council in support of the rezoning request, noting that the proposed facility would blend in with the community. Joel Shepherd appeared before the Council in support of the rezoning and suggested that the Council support the process that was already in place, which would generate a revenue stream. Chris Nelson appeared before the Council in support of the rezoning, commenting that the development would blend with residential neighborhood, and urged the Council to allow the project to proceed. Michael Howdyshell appeared before the Council in support of the rezoning request. Chris Banta appeared before the Council in support of the rezoning. Jamie and Matthew Borden appeared before the Council in support of the rezoning request. John Merkwan appeared before the Council in opposition of the rezoning request. Fred Thomas appeared before the Council in support of the rezoning request, stating that the rental property supports long range plan. Braxton Naff appeared before the Council in opposition of the rezoning request, indicating that the neighborhood organization was also not in favor of the rezoning request. Lynn Hall appeared before the Council in support of the petitioner's rezoning request. Roger Elkin appeared before the Council and spoke on the domino effect. Stuart Fuller appeared before the Council in support of the rezoning request. There being no further speakers, the Mayor declared the public hearing closed. 186 AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, Lea, and Mayor Bowers-7. I Following extensive dialogue regarding the rezoning petition, Ordinance No. 39011-111510 was adopted by the following vote: NAYS: None-a. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, the Mayor declared the meeting adjourned at 8:37 p.m. APPROVED ATTEST: ~m:rn~ Stephanie M. Moon, CMC [ City Clerk ~~WM"""'" - David A. Bowers Mayor I I I I I 187 ROANOKE CITY COUNCIL-REGULAR SESSION December 6,2010 9:00 a.m. The Council of the City of Roanoke met in joint session with the Roanoke Regional Airport Commission on Monday, December 6, 2010, at 9:00 a.m., in Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairman H. Odell "Fuzzy" Minnix presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6,2010. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, and Mayor David A. Bowers-7. ABSENT: None-a. ROANOKE REGIONAL AIRPORT COMMISSION PRESENT: John E. Dooley, Cynthia D. Lawrence, Bittle W. Porterfield, III, Vic Stewart, and Chairman H. Odell "Fuzzy" Minnix-5. ABSENT: None-a. OTHERS PRESENT: Representing the City of Roanoke: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. Representing the Roanoke Regional Airport Commission: Jacqueline Shuck, Executive Director, Roanoke Regional Airport; and Cathy Pendleton, Secretary to the Commission. The Mayor and Chairman Minnix declared the existence of a quorum. The Mayor welcomed everyone to the meeting and the following items were discussed: ' 188 Storm Water Utility Fees I . Chairman Minnix expressed concern about the financial impact on the airport of paying storm water fees, and asked if the Airport staff could be involved with the development of the proposed fees since it would likely be assessed one of the highest fees in the City of Roanoke. He questioned the difference between storm water runoff from streets and storm water runoff from runways, tarmacs, parking lots, etc., adding that he could not understand how one infrastructure would be exempt from the fee and not the other. Mr. Minnix further stated that the Airport was willing to make changes, such as increasing the size of holding ponds and constructing parking lots differently in order to receive credits toward reducing their storm water fee assessments. Vice-Mayor Trinkle reported that sooner or later something is going to have to be done regarding storm water and he agreed significant credits should be given to those individuals and businesses that were doing the right thing to reduce runoff. Council Member Ferris commented on a regional approach to storm water management, noting that surrounding localities should be included in discussions regarding the matter. Council Member Rosen suggested that a closer look be taken at the best I practices currently in place in larger localities since the storm water utility fee issue could put the City in a competitive disadvantage with surrounding localities. Vice-Mayor Trinkle interjected that the Roanoke Valley Alleghany Regional Storm Water Commission has been working with surrounding areas. The City Manager remarked that City staff would update the Council on the best practices process, adding that a regional approach was being studied. Future of the Smart Way Bus Chairman Minnix inquired about the Smart Way Bus and its future; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, responded that the service was viable and that the City would continue its operation, even though it was not self- sufficient, it was subsidized by the City of Roanoke and the New River Valley. Council Member Price asked about ridership on the Smart Way Bus; whereupon, Mr. Stovall reported that there were 14,500 riders during the previous year. I I I I 189 Snow/lce Removal on Hershberqer/Aviation Drive Flyover Chairman Minnix emphasized the importance of snow/ice removal on the Hershberger Road/Aviation Drive f1yover, and requested that the Airport be a priority for snow removal. He pointed out that the f1yover was one of the first places to ice in times of inclement weather. Mr. Stovall assured the Commission that the Airport was a major priority, and emphasized that attention would be given to the f1yover. Use of Runway Protection Zone in Coniunction with the Countryside Property Jacqueline Shuck, Executive Director of Roanoke Regional Airport, highlighted the following information on the Runway Protection Zone in conjunction with the Countryside Property: An RPZ is a ~Created for the Protection of People and Property on the Ground 1. FAA Advisory Circular 150/5300-13 CHG 14 11/1/2008 212. RUNWA Y PROTECTION ZONE (RPZJ. TI-,e PFTs func.tion i~; II:' '2nl-IClnc,s- fhe r.'rot,~.(";tjc'n of people Clnd proQertv on il-I'~ grouncL This is ocllle\'6'eJ tI-lrough eiri:,ort c,v"/ner control ,:,ver F:PZs. :31_lcrl CI)!9Iir,:..1 incllJ.:J,.::s cleClrir~lq F:PZ (Irel:]S kind r"ilClint.::ininq iher-n cJecri of iI-I': ,:,rnr)ClTi ble Objt?i:-ts cWld ClctjVjtj,=,,;~ C::':Jntr,:d is I prefer"ablv '3'),:'~'rcised throUh1rl the acquisition of sufficient prOfJed'/ inTerest in tile RPZ. 2. FAA Airport Improvement Program Handbook June 28,2005 Order 5100.38C 5'31. OBJECTS Ii~ F.:UI'.IWI\Y PF:OTECTIO/-j ZOI'JE. The rtJlI\V'JY pr.:.teciion z,:,ne (F.:PZ) is (In oreo off the runv'/O\I end /0 enr,once the pr'oteciio:x) 01 people on,j properly on tr-lr3 grol)nd and to nlinirnize aircraft dC1rn0~le ifCln <::tirplanewcls to inadvertenfly leove Ihe 0(:-11)01 rt.ln\"voy' environment. See Por(19raprl 7e(2 os vvell os Sponsor ,.8.ssurClnces 20 ond 21. 190 I I I I I I 191 (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Trinkle inquired about any remaining properties needing to be acquired in the Runway Protection Zone (RPZ); whereupon, Ms. Shuck responded that the remaining properties were privately owned. He then questioned if the RPZ could be used as athletic fields, greenways, wetlands. Ms. Shuck explained that the FAA do not support any type of assembly in the runway protection zone, adding that golf courses were no longer acceptable, and with regard to wetlands, they encourage wildlife which could increase the risk of aircraft bird strikes. Access to Runway The Mayor questioned the use of jetways by passengers, as well as luggage oftentimes being carried up or down the stairs when boarding or debarking a plane. He suggested the installation C?f a single, reversible escalator. Ms. Shuck responded that there is a problem when two planes are using the same gate at the same time, adding that although the airlines pay rent on the jetways, some airlines use turbo-prop planes, which cannot be used with the current bridges. Service and Fares Compared to Lynchbura ReQional Airport Ms. Shuck presented the following data regarding service and fares compared to Lynchburg Regional Airport, as well as the number and types of flights available at Roanoke Regional Airport; and she commented on Lynchburg's separation of service by Delta and the effects felt by said airport regarding loss of passengers. 192 Comparing the Airports I Roanoke RegionQJ~ Airport Lynchburg ~egiona~ Airport t..Jonstop Access to 7 airline 11Ubs~ Nonstop l\CC0SS to 2 oirline hubs * Reduction to 1 on 1/4/20 I I ~~egional Atfiliot8s of 3 rnojor airlines 1,248 Clvoilable depa/ling seo1s daily * Seasonal ,eduction to 1,148 on 1/4/2011 r~eoional Affiliates 01 2 lJlojO! airlines * Reduction to 10,-,1/4/2011 Year to date total passengers: 522,695 350 llvailoblo deporling seots daily * Reduction to 287 011 1/4/2011 Average Roundtrip Airfare: $411.88"" Yeor to dale 10101 pClSS01lgeJs: 156.421 26 depOIlules daily * Seasonal reduction 1024 on 1/4/2011 Aveloge Roundtrip Airlole: $401.33" 7 departures daily * Reduclion 106011 1/4/2011 .. Does not include Allegiant Air service to Orlando/Sanford, FL or Tampa/St. Petersburg, Fl .... Source: United States Department of Transportation, 12 month statistics ending Second Quarter 2010 I I iii ,E 193 I A Comparison of Airports in Region Shows that Roanoke Compares Favorably with Similar Sized Cities Average Roundtrip Fare , Greensboro $401 Charlottesville $436 Charleston, WV $409 Tri Cities, TN $481 Chattanooga, TN $411 Huntsville, AL $484 Savannah, GA $420 Charlotte, NC $368 ~Source: United States Department of Transportation, year ending June 2010 I I 194 I I I 195 I I I 196 Mayor Bowers asked the slides depicting one stop destinations be shared with the City's Department of Economic Development. Vice-Mayor Trinkle asked if the Runway Protection Zones needed to be expanded; whereupon, Ms. Shuck advised that they did not. Council Member Price said that Allegiant Airline seemed to be doing well and inquired if they would add any additional flights; whereupon, Ms. Shuck remarked that Allegiant was one of the most agile airlines which she has worked with, adding that the airline has a unique ability to respond to passenger demands and would increase 'flights whenever necessary. I I I I I I 197 Ms. Shuck also commented on Lynchburg's separation of service by Delta and the effect felt by the airport regarding loss of passengers. Mayor Bowers invited Ms. Shuck to attend a future City Council meeting and share information about the wide range of flights available from the Airport and the comparison of airfares with other airports in the region. Aviation and Town Square Improvements: Mark Jamison, Transportation Manager, reviewed the Aviation Drive and Towne Square Boulevard improvements scheduled to commence in spring 2011, and noted that the item was on the Council's 2:00 p.m. agenda for approval to move forward with the project. 198 Current Activities I [i] Construction plans being reviewed o Plats f::)[ right of w~lyl e~J.sernent acquisition being reviewed [il ~f\brreelnent between C:ity andlUtc>\C drafted [i] Utility coordination ongoing El Funding available - approx. $2.1 m.illion proj eet ~ I I I 199 I (See copy of presentation on file in the City Clerk's Office.) Chairman Minnix expressed his approval for a roundabout. Vice-Mayor Trinkle inquired if signage was part of this project; whereupon, Mr. Jamison answered in the affirmative. I Comments bv the Council and Commission Members Council Member Rosen commented on the need for a modernized conference room at the airport. Ms. Shuck responded that a contract is expected to be executed within the next two weeks by the group that manages the conference room which will include $600,000.00 of upgrades. There being no additional comments by the Councilor the Commission, Chairman Minnix declared the Airport Commission meeting adjourned and Mayor Bowers declared the Council meeting in recess at 10:11 a.m., respectively. At 10:21 a.m., the Council meeting reconvened in Room 159, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Members Lea and Rosen. 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.) 200 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 Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Price, and Mayor Bowers-5. NAYS: None-a. (Council Members Lea and Rosen were not present when the vote was taken.) At this point, Council Member Lea entered the meeting (10:23 a.m.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON JANUARY 3, 2011, AT 9:00 AM., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING. The following items were suggested by members of the Council: At this point, Council Member Rosen entered the meeting (10:25 a.m.) o Graduation rate o Accreditation of schools o School formula o Arrangements for recreation clubs to utilize school facilities o Middle school athletics The Mayor requested that any additional agenda items be submitted to the City Clerk. The City Manager mentioned that the January 3, 2011 joint meeting of Council with the School Board/Informal Session of Council would commence at 10:00 a.m., instead of 9:00 a.m., due to the lack of items for discussion by the Council. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: Mayor Bowers noted that the Clerk had requested that the resolution supporting the Wilderness Trail be moved from Introduction and Consideration of Ordinances and Resolutions to the Presentations and Acknowledgements portion of the agenda. Without objection by the Council, the Mayor advised that the matter would be considered under Presentation and Acknowledgements. I I I I I 201 Council Member Bestpitchinquired about the policy for resolutions requested by the Council for presentation. being listed under Introduction and Consideration of Ordinances and Resolutions, which is at the end of the agenda. He suggested that consideration be given to moving the item to the beginning of the agenda. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Oranae Avenue Widenina Mark Jamison, Transportation Manager, briefed the Council on the scope and purpose of the project and VDOT's involvement. Furthermore, he gave the current status of the project, saying the only step taken so far has been the preliminary engineering phase. 202 VDOT Involverb.ent I o VDOT Six-year hnpmvement Pms'"t-arD 980' .- 1 1 t- l' ! "'lJ' .--,' 1 o /0 tee era & state une 1n2"/ L,~/iJ C1 tv nlatc 11 U J I [j] Partially .funded i~l cu.nelltp~os~<~m I o Prclin11ll<ll\T Ene::mccnnrr - $2. / million "'......... '--) o Right of \X/ay - $3 rnillion - FY2016 o Constmction - $173 rnillion - beyond FY2016 ~ I I I I I I 203 204 I I I I I . I'" ~~ n'-. '1: . · S!II : . 0 . QO i1 ~r"\ tQ \ o :1 'rr"\-?' .... F"\ \. 1, . \0 II nt\ \ ~' r U. t.'_r-\l\.u.l~-" \'>. .,. . .J \.:.W--__- -T~ '\;}t:!"-=::':;'-::~ ~-rr~ ,. t. \ ---::::=-------: I. . . II t'n . ~ I ,..--:1":.. . j '--a- "'~~r-'1 \ r. [' I j J ! - I ...._...._._..J ...;:::=~:~~.~:~::::.:~:.~~:~::::::.~.~,. I 205 ( 206 Com arative Summa Widening Alternative Alternative 2A (Hold South E.P., 148k 13.4 14 10 1,270 Widen to North Alternative 3 (Hold North R/W, 50k 9.8 14 10 860 Widen to South Alternative 3A (Hold North E.P., 79k 13.2 10 14 1,730 Widen to South) Alternative 4 (Recommended) lOOk 11.5 11 8 0 'Factors included in cost differential: oavement. earthwork and riQht of way. I I Next Steps III! Reconl1Tlenclation: o .!\{ove fonvarel \\lith the concept presenteel- clesi2uatecl as Alternative 4 bv VDOT '--' - , III! VDOT actions: o Value Engineering process o Citizen Infonnation l\IIeeting o Prelimjmny Fielel Inspection o Refine cost estil1late o Consider funding optiom ~ -- I (See copy of presentation on file in the City Clerk's Office.) I I I I 207 Comments: The Mayor asked if the money for the Orange Avenue widening project was available; whereupon, Mr. Stovall remarked that each year $300,000.00 is budgeted for urban street projects and by 2016 the money for said project should already be banked. Vice-Mayor Trinkle asked about the term "shared use path"; whereupon, Mr. Jamison responded that a shared use path is one that is at least 10 feet wide and could be used by both pedestrians and bicyclers. Council Member Rosen inquired as to how many people would actually be walking or biking along Orange Avenue; Mr. Jamison indicated that said section tied into the Tinker Creek Greenway. Council Member Ferris questioned how much additional right-of-way would have to be acquired for the project; Mr. Jamison advised the current right-of-way was 95 feet and would be expanded to approximately 135 feet. The Mayor asked if the shared use path could be implemented on one side of the road only; Mr. Jamison answered in the affirmative. Council Member Bestpitch questioned if the new bridge would allow for greenway traffic; and Mr. Jamison reported that the possibility of moving the greenway under the bridge was currently being considered, and the bridge would have accommodations for a shared use path. Council Member Ferris commented that there was currently a lot of development taking place along Orange Avenue and inquired as to whether businesses were being notified of the proposed project as well as the intention to widen the right-of-way; whereupon, Mr. Jamison said that business owners were being notified. Council Member R9sen inquired as to the amount of discretion the City had regarding projects similar to this one and if the City could take VDOT recommendations and later determine that another project was more important. Mr. Jamison explained that if a project was discontinued, the City must reimburse VDOT for monies expended. Following indepth dialogue, the Council gave its approval for City staff to move forward with the concept of the project. At this point, the Mayor relinquished the Chair to the Vice-Mayor, and left the meeting (10:57 a.m.) 208 Snow Removal Dwayne D'ardenne,. Maintenance Superintendent, gave a brief overview regarding snow removal and shared information about: o resources (equipment, personnel, number of departments that have staff involved), o the process (preparation, initial actions, snow routes, policy for clearing downtown streets, and communication), and o Lessons learned from last year's snow removal program (need for additional resources, phone staffing, lodging and meals for snow plow drivers). (Full text of presentation, see copy on file in the City Clerk's Office.) Comments: Council Member Rosen questioned why the City had not used the State's Contract for salt in past years; Mr. D'Ardenne advised that the City was unable to buy salt under the state contract previously due to how the City's contract was written. I Council Member Ferris asked why the City was spending $3,500.00 per year for a service to predict the weather; whereupon, Mr. D'Ardenne explained that the weather I report is heavily customized for the City of Roanoke and. has proven to be very accurate, noting that the City of Roanoke spends approximately $1,000.00 per hour for snow removal, and if only three and one half hours are saved, the subscription has paid for itself. At this point, the Mayor re-entered the meeting (11 :15 a.m.) Council Member Lea inquired about a contact number for senior citizens to call who are unable to shovel snow. The City Manager interjected that neighborhood groups have been asked to be proactive in identifying those persons who may need assistance. Mr. Stovall added that staff was working on matching volunteers with neighbors similar to leaf collection. Vice-Mayor Trinkle suggested that City staff advertise for volunteers who might be willing to offer assistance to individuals with snow removal. The Mayor asked how much was currently budgeted for snow removal; Mr. Stovall advised that $110,000.00 had been budgeted; however, the City would expend whatever was required. There being no additional questions and/or comments, Mayor Bowers expressed appreciation to staff for the presentation on snow removal. I I I I 209 Capital Improvement Projects Follow-up Sherman M. Stovall, Assistant City Manager for Operations, gave a briefing on the various capital improvement projects from November 1, 2010 briefing: Elmwood Park Amphitheater Conceptual Design (view from Elm Avenue) GntM~llAW Rr.o UCltr MANAGtMEIIT SI'EC TECHNOLOGIES 3 Elmwood Park Amphitheater Project Elements · Covered Amphitheater · Seating - 5,000 . 3.000 fixed seals . 2.000 lawn seats · Stage House · Restrooms · Concession Space · Capital Cost - $14.2 million · $1.2 million for architectural and engineering (FY 201 2) · $13 million for construction (FY 2014) · Potential Operating Subsidy · Depending upon operating model 4 210 Storm Water Utility I · Focus on environmental stewardship · Storm Water regulations · Prior Al?tivity · Community meetings held to discuss storm water utility · Consultant engaged to assist with developing proposed rate structure · On January 19, 2010, City Council held a public hearing regarding creating a Storm Water Utility; ordinance was tabled after the public hearing · Pending items for consideration include a proposed rate and an effective date · Tabled ordinance permits a rate of up to $3 per Equivalent Residential Unit (ERU) per month; includes system of credits for properties already providing stormwater management · $3 rate would generate approximately $3.6 million in annual revenue · Revenue to be usedto fund improvements on a "pay-go" basis6 Roanoke River Greenway Bridge Street to Salem I · Initial cost estimate - $6 million (including property acquisition) · Elements to be addressed include environmental analysis, right of way acquisition, design, engineering and construction 7 I I Virginia Museum of Transportation · Strategic Plan almost complete · Full ~cope of facility improvements not complete · Capital Campaign to begin in 20.11 ; Goal anticipated to. be $4-5 mi.llion . · Anticipate requested commitment from the City of Roanoke will be at least $750,000 over multiple years I On-Going Projects Funding Appropriated · Riverside Centre . Greenways and Trails · School Energy Projects · Market Building Renovations Additional Funding Needed · VDOT Highway Projects · Financial Application Integration · Digital Radio Upgrade (Debt Issuance in FY 2012) I 211 9 10 212 Priority Setting · Maintain Current Capital Assets · Infrastructure Investment for Livability and Economic Development · Bridge Renovation/Replacement · Curb, Gutter and Sidewalk · Streetscape Projects · Storm Drains · Civic Center · School Maintenance · Targeted Livability Investments · Parks and, Recreation Master Plan · Libraries I Investments made within parameters of debt IimitationsJ1 I Next Steps · Develop recommendations for revised spending plan · Timeframe': February-March 12 I I Summary - Planned Bond Issuance · FY2012 · library Master Plan - $800,000 · Parks and Recreation Master Plan - $4,200,000 · Amphitheater Design - $1,200,000 · Curb, Gutter, Sidewalks - $1,000,000 · pigital Radio - $4,108,000 · FY 2013 · library Master Plan - $1 0,442~000 · Parks and Recreation Master Plan - $2,000,000 · Curb, Gutter, Sidewalks - $1,250,000 . Bridge Renovation - $1,250,000 · FY 2014 · library Master Plan.. $2,750,000 · Amphitheater Construction - $13,000,000 I Ratio of Debt Service to General and School Fynd Expenditures (100,.'0') (Reflects Issuance of Planned Future Debt) NetDIM 5InI12.U" ~ &pa.IiUK .... .... Poliey ~ ad .... us I ad .......... '- _ _ .~ _ -' BI:&'I' .... ~ -... ~. ~...r.........~.............~II'--' -..:......................~""- _,......... ....-.:.r..~ ............... ......,..._.......... 1II__"a.~ .....u.c........-m.....:.as... 1II.....aa.. ..~....~~,.... .."u.~..I'....s.Ju,.nIi iIIft... 213 14 15 214 Roanoke River Greenway Bridge Street to Salem 16 (See presentation on file in the City Clerk's Office.) Comments: Vice-Mayor Trinkle was in favor of the Elmwood Park Amphitheater project moving forward, but thought it should be downsized, adding the following recommendations: a better outdoor facility, i.e., the stage should be pushed back to allow for more green space up front; the stage should be built to allow for covered seating to be added; and consideration should be given to library improvements. Council Member Bestpitch remarked that the best interest of current festivals should be kept in mind, and Bullitt Avenue should be opened to provide better access to the Social Security Building as well as allow food vendors more space to setup for events. Council Member Lea asked that the Council consider looking at the City's capacity for funding to be used to address storm water issues instead of spending money on an amphitheater. The City Manager commented that the City has a downtown corridor that extends from The Hotel Roanoke to Elmwood Park, adding that the City should use this opportunity to look at the corridor, which has all the ingredients to expand and become a special public space. I I I I I I 215 Mr. Morrill recommended that City staff be allowed to review existing plans and report back to City Council in March 2011 with suggestions for funding a multi-phase plan to create a new concept as to how the corridor could be enhanced and utilized as a feature of downtown Roanoke. Council Member Ferris expressed his concern about businesses leaving the City if they have to pay a storm water fee. Council Rosen cautioned that the City needed to keep in mind recurring capital costs. Council Member Lea remarked that the current economic climate must be considered and incorporate the storm water improvements into the City's CIP to cover as much of the cost as possible, adding he would like to review all costs involved prior to the City initiating a storm water utility fee. Vice-Mayor Trinkle suggested marketing the storm water utility fee as an environmental incentive for businesses that wish to locate in a "green" community. It was reported that elements to be addressed include environmental analysis, right of way acquisition, design, engineering and construction, with funding coming from the following sources: · Federal Transportation Enhancement and Transportation Investment Generating Economic Recovery (TIGER) potential funding opportunities. · Regional Greenways Commission Recently developed ad hoc fund raising committee specifically for Roanoke River project. It was further reported that the global goal was to raise private funds to supplement City capital and/or federal enhancement grants received by the City; and that City staff anticipates requested commitment from the City of Roanoke to be at least $750,000.00.00 over multiple years. With regard to funding for the Virginia. Museum of Transportation, Council Member Ferris said that he would like to know how much had been requested from other localities. Council Member Rosen did not believe it was right to take taxpayers money and give it to non-profit organization. Council Member Trinkle pointed out that the City has done great things in the past by giving one time donations, adding that support should be shown whenever possible, and he would like to see more details on the request from the Museum. 216 Council Member Bestpitch was perplexed by Norfolk Southern Corporation I issuing a challenge that required one locality to provide two-thirds of the money needed for the entire project. The Mayor stated that the City should do its share and then some, but it could not do it all. It was the consensus of the Council that until a strategic plan has been completed and the full scope of proposed improvements known, they are not ready to support funding for the Museum. Without these elements in place, the Council was not in favor of including said item in the CIP. The Council also discussed the need to clarify a policy as to how ongoing requests from non-profits for funding of capital projects would be handled. At 1 :35 p.m., Mayor Bowers declared the Council meeting in recess for a Closed Meeti ng. At 1 :42 p.m., the meeting reconvened in Room 159, with Mayor Bowers presiding and all Members of Council in attendance; and thereafter, was recessed until 2:00 p.m. following the Certification of Closed Meeting. COUNCIL: With the respect to the Closed Meeting just concluded, Council I Member Lea moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 Members Price and Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, and Mayor David A. Bowers-7. ABSENT: None-a. I I I I 217 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 ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: Council Member Ferris offered the following resolution naming W. Lee Wilhelm, III, as the 2010 Citizen of the Year: (#39012-120610) A RESOLUTION naming W. Lee Wilhelm, III, as Roanoke's Citizen of the Year for 2010. (For full text of resolution, see Resolution Book No. 74, page 519.) Council Member Ferris moved the adoption of Resolution No. 39012-120610. The motion was seconded by Vice-Mayor Trinkle and Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. The Mayor presented a ceremonial copy of Resolution No. 39012-120610 to Mr. Wilhelm. WILDERNESS ROAD ORGANIZATION: Council Member Rosen offered the following resolution in support of the Wilderness Road organization to develop and promote the Wilderness Road: Virginia's Heritage Migration Route including the Daniel Boone Wilderness Trail, and the spur Fincastle Turnpike and Carolina Road routes, as Virginia Byways and National Scenic Byways: (#39013-120610) A RESOLUTION requesting designation of The Wilderness Road: Virginia's Heritage Migration Route, from Winchester to Cumberland Gap, and two applicable spurs - the Carolina Road and the Fincastle/Cumberland Gap Turnpike - as Virginia Byways and National Byways. (For full text of resolution, see Resolution Book No. 74, page 520.) 218 / Council Member Rosen moved the adoption of Resolution No. 39013-120610. 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-7. NAYS: None-a. Mayor Bowers recognized Landon Howard, Executive Director; and Catherine Fox, Director of Tourism & Communications, Roanoke Valley Convention & Visitors Bureau, in connection with the adoption of Resolution No. 39013-120610. ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Elaine Bays, RVTV Director of Cable Access, Melinda Mayo, Public Information Officer, and Christina Koomen, Public Information Specialist, in receipt of the Public Relations Society of America (PRSA), Blue Ridge Chapter Summit Awards. ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Donald S. Caldwell, Commonwealth Attorney; Evelyn Powers, City Treasurer; Octavia Johnson, City Sheriff; and Sherman Holland, Commissioner of the Revenue, in connection with a positive compliance standing from the Commonwealth of Virginia Auditor of Public Accounts. I HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Colonel Robert Craig appeared before the Council and reiterated his concern with regard to public officials violating public trust. Robert Gravely appeared before the Council and commented about the lack of economic development and jobs in the City. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, October 18,2010, Monday, November 1, 2010, and Monday, November 15, 2010 were before the body. (See Minutes on file in the City Clerk's Office.) I I I I 219 Council Member Rosen moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. REGULAR AGENDA PUBLIC HEARINGS: CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, December 6, 2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 3,000 square feet of City-owned property located in the Center in the Square Parking Garage at 11 Campbell Avenue, S. E., to The Orvis Company, Inc., to be used as a retail business, for an initial term of five years, commencing January 1, 2011, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, November 19, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending authorization to execute a lease agreement with The Orvis Company, Inc. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#39014.;120610) AN ORDINANCE authorizing the City Manager to execute a lease agreement with The Orvis Company, Inc., for approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for the purpose of operating a retail business; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 521.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39014-120610. The motion was seconded by Council Member Rosen. 220 The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39014-120610 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. PETITIONS AND COMMUNICATIONS: ANNUAL REPORT: Owen Shultz, Vice-President of Planning and Program Development, Total Action Against Poverty (TAP), appeared before the Council and shared the Annual Progress Report for Total Action Against Poverty (TAP), and showed a video highlighting TAP's 2010 activities. (For full text, see copy of 2009-2010 Program and Outcomes on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the report would be received and filed. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GRANT-BULLETPROOF VEST: 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: (#39015-120610) A RESOLUTION authorizing acceptance of the Bulletproof Vest Partnership Grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, 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. 74, page 522.) I I I I I I 221 Vice-Mayor Trinkle moved the adoption of Resolution No. 39015-120610. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. Council Member Ferris offered the following budget ordinance: (#39016-120610) 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 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 523.) Council Member Ferris moved the adoption of Budget Ordinance No. 39016- 120610. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. CITY EMPLOYEES: The City Manager submitted a written communication recommending approval of December 27, 2010, as additional holiday time for all City employees in recognition of outstanding service throughout the year. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39017-120610) A RESOLUTION closing certain City offices Monday, December 27,2010, and providing for additional holiday leave for all City employees. (For full text of resolution, see Resolution Book No. 74, page 524.) Council Member Bestpitch moved the adoption of Resolution No. 39017-120610. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. 222 The City Manager pointed out that the Solid Waste Management crew and public I safety personnel will be on duty December 27; however, the employees will be able to take the holiday leave at another time. GRANTS-REBUILDING TOGETHER ROANOKE: The City Manager submitted a written communication recommending execution of Amendment No.3 to the Fiscal Year 2008-2009 CDBG Agreement with Rebuilding Together, Roanoke, Inc. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39018-120610) A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 3 to the 2008-2009 Community Development Block Grant ("CDBG") Agreement with Rebuilding Together, Roanoke, Inc. ("Rebuilding Together") for housing activities in the City's Hurt Park neighborhood. (For full text of resolution, see Resolution Book No. 74, page 525.) Council Member Lea moved the adoption of Resolution No. 39018-120610. 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-a. (Inasmuch as Mayor Bowers serves as a member of the Board of Directors, Rebuilding Together, Roanoke, Inc., he abstained from voting.) BUDGET-AIRPORT-LEASES: The City Manager submitted a written communication recommending execution of an agreement between the City of Roanoke and the Roanoke Regional Airport Commission for Aviation Drive and Towne Square . Boulevard intersection improvements; and execution of Amendment No.3 with Mattern and Craig for additional professional services in connection with improvements. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: I I I I I 223 (#39019-120610) AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and the Roanoke Regional Airport Commission for construction of certain airport entrance and intersection improvements, including the exchange of real property and vacated public rights-of-way as necessary, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 526.) Council Member Rosen moved the adoption of Ordinance No. 39019-120610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. Council Member Rosen offered the following resolution: (#39020-120610) A RESOLUTION authorizing the City Manager's issuance and execution of additional amendments including Amendment No.3 to the City's contract with Mattern & Craig, Inc., for additional professional services for the Reconfigure/Signalize Aviation Drive/Towne Square Boulevard Intersection Project. (For full text of resolution, see Resolution Book No. 74, page 527.) Council Member Rosen moved the adoption of Resolution No. 39020-120610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. Council Member Rosen offered the following budget ordinance: (#39021-120610) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation, Roanoke Regional Airport Commission and Sam's Club and to transfer funding from the Paving Program to the Aviation & Towne Square Boulevard Intersection Improvements project, amending and reordaining certain sections of the 2010-2011 General and Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 528.) 224 Council Member Rosen moved the adoption of Budget Ordinance No. 39021- I 120610. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. COMMENTS BY THE CITY MANAGER: The City Manager reminded the public that Dickens of a Christmas will continue on Friday, December 10, with the Christmas Parade commencing at 6:30 p.m., in downtown Roanoke; and encouraged the public to come out and enjoy the special event. Additionally, Mr. Morrill stated that the City of Roanoke will host a Holiday Career and Lifestyle Fair on Tuesday, December 28 from 9:00 a.m., until 12:00 Noon in the Roanoke Civic Center Exhibit Hall, which will be a benefit for those individuals living in the region, as well as native Roanokers returning home for the holidays who may be considering a move back to their hometown, as well as December graduates entering the job market. Mr. Morrill also said the City was offering free parking adjacent to the Historic Roanoke Market in the Market Lot and the Tower Parking Garage beginning at 5:00 p.m. on Monday, Tuesday and Wednesday evenings through December 31; and that several downtown businesses have extended their hours for holiday shoppers during the week. Furthermore, he informed citizens that the City will resume recycling Christmas trees this year, with said trees being collected during the weeks of December 26, 2010, and January 9,2011, as part of brush collection. With regard to a request from Council Member Price to explain the landscaping improvements being made to the Hershberger Road corridor between Rutgers Street and Ordway Drive, N. W., Sherman M. Stovall, Assistant City Manager for Operations shared information about the project. He explained that the recent work was part of a two-phase landscaping project and part of VDOT's Six-Year Plan, adding that the first phase cost $575,000.00 (the City's share was two percent or $12,000.00) for landscaping improvements, which will reduce man hours needed for maintenance of the medians; and the second phase will consist of pedestrian improvements, such as sidewalks, with an estimated cost of $1 million (the City's share will be two percent or $20,000.00). I I I I I 225 Council Member Lea pointed out that the Hershberger Road corridor from Ordway Drive towards Cove Road onward to Peters Creek Road, N. W., was dangerous and also needed improvements, and that citizens have inquired as to why the CityNDOT were focusing money on landscaping for one section of the corridor and not the other. Council Member Price added that she too was getting questions about how the money was being spent on one section of the Hershberger Road corridor, and asked who determines what is planted and how many. Mr. Stovall explained that the project was a joint effort between VDOT and the City, and that the City manages the project. Council Member Rosen indicated concerns raised during a Fleming Court Neighborhood meeting about the possible problems with visibility caused by the plantings; and asked if visibility has been taken into account, and whether the installation of sidewalks on Hershberger Road could create a more dangerous situation. Mr. Stovall said staff is of the opinion that the sidewalks will improve the situation which will prevent pedestrians from walking on the side of the road, adding, that the street policy is to enhance pedestrian flow. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the months of July through October 2010; and the Financial Report for the Roanoke City Public Schools for the month of September 2010. (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 four months of the fiscal year, stating that the current revenue budget for FY11 represents a 1.4 percent decline compared to the October 2009 budget, with the largest decrease in the current budget compared to the FY10 budget as of October was in the Intergovernmental category, followed by the second largest in the Other Local Tax category. She added that while some trends in revenues are emerging, it was important to take into account that the due dates for some of the City's major taxes, business license, the second installment of real estate, and personal property were due in the second half of the fiscal year. Ms. Shawver reported that the fiscal year 2011 General Fund expenditure budget totals $254.Q million and includes funding of approximately $599,000.00 to cover contracts and purchase orders made during fiscal year 2010, but not paid by the end of that year. She stated that the General Fund expenditures and encumbrances through October were $91.0 million and represents a decrease of 4.8 percent or approximately $4.6 million compared to FY10; and the current fiscal year budget is $1.5 percent or $3.9 million lower than the FY10 budget as of October. 226 In addition, she further stated that FY10 includes budgeted expenditures of. I $714,000.00 for technology maintenance contracts that were expended in the Department of Technology fund in prior years; and the majority of the costs were in the General Government category, and adjusted for this expenditure in the General Fund, actual expenditures declined 5.5 percent or approximately $5.3 million compared to FY10. The Director of Finance and Amelia Merchant, Director of Management and Budget, also presented an overview of the City's financial status for the four months ended October 31,2010. (See copy of presentation on file in the City Clerk's Office.) Without objection by the Council, Mayor Bowers advised that the City of Roanoke Financial Reports for the months of July through October 2010, and Roanoke City Public Schools for the month of September 2010 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND I RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENTS-SPORTS: Council Member Lea announced that he and several Council members attended a Firemen's Union celebration on Friday, December 3, 2010, where he heard about a local sports team, Roanoke Rampage Football Team that is composed of local police officers and firefighters from the Roanoke Valley playing football in the National Public Safety Football League in order to raise money for a wide range of charitable organizations. He asked that the football team be recognized for its efforts at a future Council meeting with a resolution. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-FAIR HOUSING BOARD: The Mayor called attention to a vacancy created by the resignation of Marie Green as a member of the Fair Housing Board for a term ending June 30, 2012; whereupon, he opened the floor for nominations. I I I I 227 Council Member Lea placed in nomination the name of Gail Kinzer. There being no further nominations, Ms. Kinzer was appointed to fill the unexpired term of Marie Green as a member of the Fair Housing Board for a term ending June 30, 2012, by the following vqte: FOR MS. KINZER: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to the expiration of the three-year terms of office of Michael P. Wright, John Blankinship and David W. Spradlin as members of the Towing Advisory Board on October 31,2010; whereupon, he opened the floor for nominations. Council Member Lea placed in nomination the name of Michael P. Wright. There being no further nominations, Mr. Wright was reappointed as a member of the Towing Advisory Board for a term of three years ending October 31, 2013, by the following vote: FOR MR. WRIGHT: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. OATHS OF OFFICE-CITY PLANNING COMMISSION: The Mayor called attention to two vacancies created by the expiration of the four-year terms of office of Henry Scholz and D. Kent Chrisman as members of the City Planning Commission ending December 31, 2010. Inasmuch as Mr. Chrisman has served three consecutive terms of office, he is not eligible for reappointment; whereupon, Mayor Bowers opened the floor for nominations. Council Member Lea placed in nomination the names of Henry Scholz and Kermit Hale. There being no further nominations, Mr. Scholz was reappointed and Mr. Hale was appointed as members of the City Planning Commission for terms of four years, each, commencing January 1, 2011 and ending December 31, 2014, by the following vote: 228 FOR MESSRS. SCHOLZ AND HALE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-a. There being no further business, the Mayor declared the meeting adjourned at 3:53 p.m. APPROVED ATTEST: ~'rr1.~ Stephanie M. Moon,'cMC City Clerk , I I i ~QCD..v<..+ David A. Bowers ! Mayor ; I I I I I I 229 ROANOKE CITY COUNCIL-REGULAR SESSION December 20, 2010 J 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, December 20, 2010, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, ReQular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members David B. Trinkle (arrived late), William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-7. ABSENT: None-a. 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 Robert Ward, Chaplain, Brandon Oaks Retirement Community. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. ANNOUNCEMENTS: Mayor Bowers announced that he will host a holiday open house in the Mayor's office beginning at 1 :00 p.m., with breaks during the Council session; and the public is invited to attend for holiday greetings. PRESENTATIONS AND ACKNOWLEDGMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. At this point, Vice-Mayor Trinkle and Council Member Lea entered the meeting (2:02 p.m.) 230 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. He called attention to two requests for Closed Meeting by the City Attorney and City Manager, respectively. MINUTES: Minutes of the regular meeting of Council held on Monday, December 6, 2010, 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 Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. BUDGET: A communication from the City Manager recommending adoption of the Calendar of Events for Budget Preparation Activities for Fiscal Year 2011-2012, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. CITY COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation where such consultation in open meeting would adversely affect the negotiating or litigating posture of the City, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I I I 231 Council Member Rosen moved that Council concur in the request as above described. The motion was seconded by Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers- 7. NAYS: None-a. TOWING ADVISORY BOARD-FAIR HOUSING BOARD-CITY PLANNING COMMISSION: Reports of qualification of the following individuals were before the Council: Michael P. Wright as a member of the Towing Advisory Board for a three- year term of office ending October 31, 2013; Gail D. Kinzer as a member of the Fair Housing Board to fill the unexpired term of Marie Green ending June 30,2012; and Kermit Hale and Henry Scholz as members of the City Planning Commission commencing January 1, 2011 and ending December 31, 2014. (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 Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. . CITY COUNCIL: A written communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss the disposition of surplus publicly- owned property located at 425 Church 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.) 232 Council Member Rosen moved that Council concur in the request as above I described. The motion was seconded by Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: I BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and execution of the United States Environmental Protection Agency (EPA) Brownfield Area-Wide Planning Technical Assistance Grant to fund planning for Roanoke's Rail Corridor Planning Area. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39022-122010) A RESOLUTION authorizing acceptance of a U.S. Environmental Protection Agency (EPA) Brownfield Area-Wide Planning Grant to fund planning activities for certain brownfield properties within the Rail Corridor Planning Area located in the City of Roanoke; and authorizing the City Manager to execute any required grant agreements, to execute any necessary additional documents, to provide additional information, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such Grant, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 529.) I I I I 233 Council Member Ferris moved the adoption of Resolution No. 39022-122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. Council Member Ferris offered the following budget ordinance: (#39023-122010) AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Area Wide Planning Technical Assistance Grant, amending and reordaining certain sections of the 2010- 2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 530.) Council Member Ferris moved the adoption of Budget Ordinance No. 39023- 122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. BUDGET-GRANTS-L1BRARIES: The City Manager submitted a written communication recommending acceptance of additional funds for the 2010-2011 AmeriCorps Grant awarded to the Public Libraries. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39024-122010) A RESOLUTION authorizing acceptance of additional funding for the AmeriCorps Grant from the Commonwealth of Virginia, Department of Social Services, Division of Community and Volunteer Services, and authorizing execution of any required documentation on behalf of the City necessary to accept the grant. (For full text of resolution, see Resolution Book No. 74, page 531.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39024-122010. The motion was seconded by Council Member Rosen. 234 In response to an inquiry by Council Member Lea regarding the hiring of I AmeriCorps members, the City Manager advised that the grant would enable the Library to hire a total of 18 AmeriCorps members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults. Council Member Lea also suggested that the City Manager provide the Council with a follow-up report with details regarding the program. There being no additional questions and/or comments by the Council Members, Resolution No. 39024-122010 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. Vice-Mayor Trinkle offered the following budget ordinance: (#39025-122010) AN ORDINANCE to appropriate additional 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 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. I (For full text of ordinance, see Ordinance Book No. 74, page 532.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39025-122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Edward Byrne Memorial Program Grant. (For full text, see communication on file in the City Clerk's Office.) I I I I 235 Vice-Mayor Trinkle offered the following resolution: (#39026-122010) A RESOLUTION authorizing acceptance of the Data Share Grant through the Edward Byrne Memorial Grant Program from the Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 533.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39026-122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. Vice-Mayor Trinkle offered the following budget ordinance: (#39027-122010) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 534.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39027-122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. BUDGET-RAILWAY PASSENGER STATION: The City Manager submitted a written communication recommending approval of the City's continued support of an application for additional funding in connection with the renovation of the Virginian Railway Passenger Station. (For full text, see communication on file in the City Clerk's Office.) 236 Vice-Mayor Trinkle offered the following resolution: (#39028-122010) A RESOLUTION supporting an application by the Roanoke Chapter, National Railway Historical Society (RCNRHS) to. the Virginia Department of Transportation (VDOT) for additional funds from VDOT's Enhancement Grant Program in the amount of $249,766 for the restoration of the Virginian Railway Passenger Station property located in the City of Roanoke (Restoration Project); expressing the City's continued support for such Restoration Project; authorizing the City Manager to execute any required grant agreements or other documents necessary for the support of the RCNRHS application referred to above; and authorizing the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 535.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39028-122010. The motion was seconded by Council Member Ferris. Council Member Trinkle inquired as to what would happen if the project was not completed; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, commented that the restoration project is planned in two phases - Phase I includes stabilization of the building, replacement of the roof, and asbestos/lead paint abatement; and Phase II includes the remaining renovation of the structure. He pointed out that bids for Phase I would be solicited in January 2011, with construction beginning in spring/summer 2011. Council Member Ferris asked if the 20 percent match had been taken care of without City Funds and Mr. Stovall answered in the affirmative. The Mayor asked that all parties affected by the process be made aware of all of the proceedings. He also inquired as to the anticipated completion date of the project; whereupon, Mr. Stovall advised that Phase I would be under construction during the summer and Phase II would begin shortly thereafter, adding that the .total cost of the project would be about $2.2 million, with Phase I being approximately $700,000.00 and approximately $800,000.00 being available through possible historic tax credits. There being no additional questions and/or comments by the Council Members, Resolution No. 39028-122010 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. I I I I I I 237 BUDGET-GRANTS-GREENWAYS: The City Manager submitted a written communication recommending authorization to apply for Transportation Enhancement Grant Funds in connection with the Roanoke River Greenway Trail, Bridge Street to Salem Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39029-122010) A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Transportation for Transportation Enhancement Funds to fund the remaining 2.6 miles of the Roanoke River Greenway Trail necessary to complete the City's connection to Salem; and authorizing the execution of the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 537.) Council Member Bestpitch moved the adoption of Resolution No. 39029-122010. The motion was seconded by Vice-Mayor Trinkle and Council Member Rosen. The Mayor asked about the timeframe for completion of the Roanoke River Greenway Trail from Bridge Street to Salem; whereupon, the City Manager advised that there was about 2.6 miles left to be completed. R. Brian Townsend, Assistant City Manager for Community Development, added that the request is for approximately $957,000.00 which will pay for about one mile of the remaining portion of the greenway from Bridge Street to Salem. He indicated that the Army Corps of Engineers had finished its portion of the project and the City would be working with the Department of Transportation on the remainder of the connection to the City of Salem. The Mayor further inquired about the completion of the section of the greenway from Vic Thomas Memorial Park to Bridge Street; whereupon, Mr. Townsend replied that the anticipated date is during the summer of 2011, adding that work is also being done on the section of the greenway from the Sewage Treatment Plant to Tinker Creek and both segments should be completed by the end of 2011. Council Member Ferris questioned if the segment starting at Bridge Street would be especially difficult since bridges would be required. Mr. Townsend pointed out that said segments involved Norfolk Southern property rights-of-way which would be a challenge from an acquisition standpoint and is also challenging because of the topography. 238 There being no additional questions and/or comments by the Council Members, Resolution No. 39029-122010 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. BANNERS-NEIGHBORHOOD ORGANIZATIONS-CITY CODE: The City Manager submitted a written communication recommending amendment of the City Code to allow banners to be displayed outside the Central Business District for 180 days, but not within the enumerated residential districts which is 30 days. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39030-122010) AN ORDINANCE amending and reordaining Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c); and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 538.) Council Member Ferris moved the adoption of Ordinance No. 39030-122010. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. COMMENTS BY CITY MANAGER: The City Manager recognized the efforts of the City employees that were involved in the recent snow event on Thursday, December 16, 2010. He noted that the City's United Way Campaign was successful and commended the Director of Libraries for her efforts. Mr. Morrill called attention to the 2010 Holiday Career and Lifestyle Fair scheduled to be held on Tuesday, December 28, 2010, from 9:00 a.m. - 12:00 noon at the Roanoke Civic Center Exhibit Hall. He announced that City offices would be closed on Friday, December 24, 2010; Monday, December 27, 2010 and Friday, December 31, 2010, in recognition of the holiday season. I I I I I I 239 DIRECTOR OF FINANCE: The Director of Finance presented the Fiscal Year 2010 Comprehensive Annual Financial Report for the City of Roanoke and City of Roanoke Pension Trust Fund. (See copies of Fiscal Year 2010 Comprehensive Annual Financial Reports for the City of Roanoke and Pension Trust Fund on file in City Clerk's Office). Following comments by the Director of Finance and the Council, the reports were received and filed. BONDS-SCHOOLS: The Director of Finance submitted a written report recommending appropriation of bond proceeds from the sale of Qualified School Construction Bonds (QSCB), Series 201 OA, through the Virginia Public School Authority (VPSA). (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39031-122010) AN ORDINANCE to appropriate funding from the Series 2010A Virginia Public School Authority - Qualified School Construction Bonds to various school capital projects, amending and reordaining certain sections of the 2010-2011 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 539.) Council Member Rosen moved the adoption of Budget Ordinance No. 39031- 122010. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. CITY ATTORNEY: LEGISLATION-VIRGINIA FIRST CITIES: The City Attorney submitted a written communication recommending consideration of a resolution endorsing the 2011 Virginia First Cities Legislative Agenda. . (For full text, see communication on file in the City Clerk's Office.) 240 Council Member Rosen offered the following resolution: (#39032-122010) A RESOLUTION endorsing the Virginia First Cities 2011 Legislative Agenda. (For full text of resolution, see Resolution Book No. 74, page 540.) Council Member Rosen moved the adoption of Resolution No. 39032-122010. The motion was seconded by Council Member Price and Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for the 2010-2011 Title 1, Part D-Detention Center Reading Program; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#39033-122010) AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 541.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39033-122010. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. I I I I I I 241 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 called attention to a Petition for Appeal filed by Dr. Effie R. George, representing Charles George, in connection with a decision of the Architectural Review Board denying a Certificate of Appropriateness for removal of all one-over-one wooden windows and installation of a new Ply-gem Jefferson 100 Series Wooden One-over-One Windows at 1301 Maple Avenue, S. W., which is not consistent with the H-2 Guidelines, noting that the matter is scheduled to be heard by the Council at 2:00 p.m., on Tuesday, January 18, 2011. He inquired if there was a policy for determining times for such matters to be heard by the Council; whereupon, the City Clerk stated that she was not aware of such a policy, that public matters are normally scheduled for the 7:00 p.m. sessions of the Council; however, on occasions, the matters have been heard during the 2:00 p.m. sessions. Following discussion of the matter, it was the consensus of the Council to table discussion of a policy indefinitely. Mayor Bowers suggested that a Petition for Appeal be heard by the Council following Item 11 - Motions and Miscellaneous Business, around 4:00 p.m., and asked that the Vice-Mayor preside over the matter since he has a possible conflict of interest. At 3:08 p.m., the Mayor declared the Council meeting in recess for two Closed Meetings in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 3:59 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded Council Member Lea moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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: 242 AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and I Mayor Bowers-7. NAYS: None-a. PURCHASE/SALE OF PROPERTY-YMCA: Vice-Mayor Trinkle offered the following ordinance approving changes and modifications to the Contract and Amendment NO.1 and Amendment No.2 as set forth in Amendment No.3 to contract for purchase and sale of real property with W. E. Muse Station, LP: (#39034-122010) AN ORDINANCE approving an Amendment NO.3 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment NO.1 dated April 22, 2010, and Amendment NO.2 dated August 23, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.3; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.3; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 542.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39034-122010. The motion was seconded by Council Member Lea and adopted by the following vote: I AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-a. At 4:11 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members 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. I I I I 243 OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor recognized the winners from the 6th Annual Fire Prevention Week Art Contest. He presented certificates and bencils to the students. 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 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Trustees, Mountain Dale Lodge No. 49, Independent Order of Odd Fellows, to rezone property located at 2615 Orange Avenue, N. E., Official Tax No. 7070108, from IN, Institutional District, to CG, Commercial General District, for such commercial, assembly, entertainment, public, institutional, community and utility facilities or uses as are permitted in the CG, Commercial General District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 3,2010, and Friday, December 10, 2010. (See publisher's affidavit on file in the City Clerk's Office.) The 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 Hollins/Wildwood Area Plan, adding that rezoning the subject property to CG District is appropriate to the site's existing physical improvements, land use, and surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) 244 Council Member Rosen offered the following ordinance: (#39035-122010) AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 543.) Council Member Rosen moved the adoption of Ordinance No. 39035-122010. The motion was seconded by Council Member Price. Maryellen F. Goodlatte, appeared before the Council in support of the petitioner. The Mayor inquired if there were persons present wishing to speak on the rezoning. Ron Keith Adkins, member of the Mountain Dale Lodge No. 49, appeared before the Council in support of the rezoning. There being no additional speakers, the Mayor declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39035-122010 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-a. (Vice-Mayor Trinkle 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, December 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request from Cynthia Arthur to permanently vacate, discontinue and close an alleyway located between 18th and 19th Streets, N. E., off Templeton Avenue, N. E., and lying between parcels bearing Official Tax Nos. 3231001, 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 3,2010, and Friday, December 10, 2010. (See publisher's affidavit on file in the City Clerk's Office.) I I I I I I 245 The Planning Commission submitted a written report recommending approval of the applicant's request, adding that the land be conveyed at a cost of $6,700.00, which is an average of the assessed values of the properties adjoining the alley, with the vacation being approved subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39036-122010) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 545.) 246 Council Member Bestpitch moved the adoption of Ordinance No. 39036-122010. The motion was seconded by Council Member Ferris. The Mayor inquired if there were persons present wishing to speak on the closure. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39036-122010 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-a. (Vice-Mayor Trinkle was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, the Mayor declared the meeting adjourned at 7:26 p.m. ' APPROVED ATTEST: 4M ~ i':~'" ~. Y'O\~ I~~ Moon, CM~ City Clerk .S)~~ David A. Bowers Mayor I I I I I I 247 ROANOKE CITY COUNCIL-REGULAR SESSION January 3, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, January 3, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Mayor David A. Bowers-1. ABSENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and David B. Trinkle-6. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. 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 10:00 a.m., the Council meeting reconvened in a joint meeting with the Roanoke City School Board, in Room 159, first floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers and Chairman David B. Carson presiding. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Court G. Rosen-1. The Mayor declared the existence of a quorum. SCHOOL TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Suzanne P. Moore, Todd A. Putney, Lori E. Vaught and Chairman David B. Carson-6. ABSENT: Annette Lewis and Todd A. Putney-2. REPRESENTING THE CITY OF ROANOKE: Christopher P. Morrill, City Manager, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. 248 REPRESENTING THE ROANOKE CITY PUBLIC SCHOOLS: Dr. Rita D. Bishop, Superintendent; Curt Baker, Deputy Superintendent; Cindy H. Poulton, Clerk to the Board; and Timothy R. Spencer, Assistant City Attorney and Legal Counsel. I The Mayor and School Board Chairman expressed well wishes for the upcoming New Year and extended greetings to everyone in attendance. As part of his remarks, Mayor Bowers commended the School Board, City Council, and Superintendent for being terrific advocates for the schools. Chairman Carson remarked on the completion of both high schools. Final Report of the William Flemina Construction Proiect School Trustee Bingham gave an overview of the William Fleming Construction Project: ILl William Fleming Construction Project Building RO.l\NOKHII Y PUBlK SCH60--rs Budaet Actual Variance ($) ($) ($) Construction - Building 45,861,000 43,453,078 2,407,922 I Owner's Cost - Building 11,139,000 9,724,021 1,414,979 TOTAL BUILDING 57,000,000 53,177,099 3,822,901 I I ROANOKE CITY PUBU( SCHOOLS 11 William Fleming Construction Project Plan Enhancements William Fleminc Field house 8-lane track with upgraded rubberized surface Irrigation and sod on all playing fields Lawson and Ruffner cafeteria demolition Ruffner playing field Patrick Henrv Remediation of lacrosse and soccer practice fields Clear encroaching forest at track Fence around track I ROl\NOKE CITY PUBliC SO< DOtS I ~~l William Fleming Construction Project Memorandum of Understanding ~ Fleming stadium, field house, upgraded track, and playing fields Lawson and Ruffner demolition Ruffner playing field Remediation of Patrick Henry playing fields and track Anticipated Construction Cost $7,244,515 If Actual Cost Is More than Anticipated Construction Cost Excess costs paid by J.M. Tumer and Rife+Wood If Actual Cost Is Less than Antlcioated Construction Cost 50% of excess paid to J.M. Turner and Rife+Wood 50% of excess retained by RepS 249 250 lID I IlOAIIOKHITV PUSiiCScHOOls William Fleming Construction Project MOU Work Program Budaet ($) Actual ($) Variance ($) Construction - MOU 7,244,515 6,528,296 Owner's Cost - MOU 507,722 655,447 TOTAL MOU 7,752,237 7,183,743 11 William Fleming Construction Project Remaining MOU Work I ROANOKE CITY PUBLIC SCHOOLS PROJECT FUNDING STATUS . --R~ff~~~- fi~ld ~~d;~~;~~- d;i~~ --1-- Fi~ld ~;~~;i~-~-i~ ~;~~-r~~~~--D~~- ;~- - -- T -$-- 2~1-,~~~-- parking i weather, final completion in spring. i --- - - - - - - -- - - - - - -- -- - ----- --- -- ----- - --1-."""''' --.... ----.. -------- -----.. --.. ----- --- --......, --...... --........ --.. --.. , , Back side trail area i Asphalt work in progress. Added i 54,898 i irrigation heads in spring. i ............ ..-- --- --.. - -- -- --.... -- --.. --.. --........ -:- --.. -- ------ ----- --.. ---...... --.. -- --.... --...... --.. -- {.. - - --.. -.....-.. - -........ I I Tennis area grading i Spring completion. i 11,841 I I ---- ---.......... --.... ----.... -- -- ---.. ----.. ----~ ------ --- --.... ----...... --.. --- --.. -- ----- -- ---.... -1--........................ --.. Shot put I discus cage and i Awaiting delivery of materials for i 8,066 fencing ! installation. ! I , -- --.. --.. --.. --.... -- -- ---.. ---.... ----.. ---.... i""" --...... --.. --.. - -.. -- - --- -- --- -- - --............ --.... --t-.... -- ----- -- ---.... Move gym scoreboard ! Work to be completed by year-end.! 2,509 I I ---...... --- --.............. --...... ------.. ----.. ----:- ---.. ----- --.. ------.... --.. ----.. ---- ---- -- - -- -- - t --- - - ---- -- - - - --- Move washer and dryer to field i Work in process. i 270 house; : I I - - - ---- - ----- -------- - -- ---- - - --- -- - -- -:- - --- --- - - - - - - -- -- - ---- - - - -- - - - - - -- - - - --- - -- -~--- - --- -- -------- Rubber floor in team room i Work will be completed by February. i 8,063 : : I 251 I 11 William Fleming Construction Project ROANOKE CITY Total Fleming Project PUBlIC SCHooCS I . Budget as recast lIpon entry into MOU I Budaet* ~ Variance ($) ($) ($) Construction - Building 43,355,436 43,453,078 (97,642) Owner's Cost - Building 9,992,327 9,724,021 268,306 Construction - MOU 7,244,515 6,528,296 716,219 Owner's Cost. MOU 507,722 655,447 (147,725) SUBTOTAL 61,100,000 60,360,842 739,158 MOU Sharing 0 358,109 (358,109) TOTAL PROJECT 61,100,000 60,718,951 C281,04~ I Combined PHHS and WFHS Project I ROANOKE CITY Overall Results PUBLIC SCHOOLS ~ .&1.u.W Variance ($) ($) ($) PHHS - Building (Revised) 54,000,000 53,909,219 90.781 PHHS . Stadium 4,100,000 4,059,340 40,660 WFHS - Building 57,000,000 53,177,099 3,822,901 WFHS - Stadium 4,100,000 4,100,000 0 Enhancements 0 3,083,743 (3,083,743) MOU Sharing 0 358,109 (358,109) TOTAL PHHS + WFHS 119,200,000 118.687,510 (i12,49V (See copy of presentation on file in the City Clerk's Office.) I 252 Council Member Lea was pleased that the School Division stayed the course and was proud of its vision and commitment. Vice-Mayor Trinkle concurred in the statement and added that it was an aggressive plan, and he too was pleased and impressed. Vice-Mayor Trinkle asked if the reasoning for constructing state of the art track and field facilities at William Fleming High School is to host major track/field events; whereupon, Dr. Bishop responded in the affirmative. With regard to LEED, Vice-Mayor Trinkle inquired if there had been any savings from the windmills as well as efficiency with the building; whereupon, Deputy Superintendent Baker advised that the Stadium was built in a good location because the windmills generate light for stadium and the School has been able to break even on its electric bill. The Vice-Mayor Trinkle questioned if safety had improved since the high schools were transformed from a campus-style layout to a single building. Dr. Bishop stated that the Administration would prefer to wait three to five years and thereafter do a trend analysis. Council Member Ferris asked if other localities around the State had contacted the School Administration to inquire about the construction of two high schools back to back under budget. Chairman Carson responded in the affirmative. Council Member Price inquired about the policy for public use of the tracks at both high schools, noting that she had received several calls from the citizenry regarding William Fleming's track, adding that their perception is "hands off', the facility is not for public use. Deputy Superintendent Baker responded that there is a delicate balance between making all school facilities available to the public while still being able to maintain the integrity of the facility, noting that he planned to respond to the question at a later time during the meeting. Council Member Bestpitch commented that it is often said that government does not create jobs, but in the case of the two new high schools, $120 million worth of jobs stayed in the community. He added that was a tremendous impact on our community in a time when jobs were really needed. Chairman Carson pointed out that the City and surrounding areas continue to benefit from the $120 million investment and it was money well used. I I I I I I 253 Graduation Rate With regard to the graduation rate, Dr. Bishop distributed copies of information regarding graduation measurements in Virginia and a three-year summary of graduation measurements. She shared information with regard to the Virginia On-time Graduation Rate (OGR) based on four years of longitudinal student-level data that takes into consideration student mobility, changes in student enrollment, policy and instructional practices such as 9th-grade retention, emphasizing that the new formula also recognizes that some students with disabilities and limited English proficient (LEP) students will be allowed more than the standard four years to earn a diploma and will be still counted as "on-time" graduates. The Superintendent noted that the on-time graduates were graduates who earned diplomas within four years of the first time they entered the 9th grade, and that special education students and limited English students who have plans in place that allow them more time to graduate will be assigned to different cohorts. She referenced the formula used for 2008, 2009 and 2010, citing the percentages as 59.11 % (2008), 66.60% (2009); and 67.69% (2010). Dr. Bishop pointed out that the Federal Graduation Indicator (FGI) uses the AYP determinations, and stated that in October 2008, the United States Department of Education (USED) issued final regulations governing programs administered under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended (ESEA), requiring the new regulations to include reporting a four-year cohort graduation rate for all schools, school divisions, and the State for all student subgroups; and in January 2010, the Virginia Board of Education submitted to USED proposed changes to its federal accountability workbook to meet the graduation rate requirements based upon the October 2008 regulations. Dr. Bishop also commented that Virginia specifically was requested to report a four-, five-, and six-year federal graduation indicator calculated in a manner consistent with the federally prescribed methodology, noting that on-time graduates are defined as graduates who earn one of the following three diplomas - Advanced Studies, Standard, or I-B Diplomas - within four years of the first time they entered the 9th grade; and unlike the On-time Graduation Rate, special education students and limited English students who have plans in place that allow them more time to graduate will not be re-assigned to different cohorts. In addition, she referred to the formula for the Federal Graduation Indicator as follows 2008 - 50.32%,2009 - 57.73% and 2010 - 61.59%. The Mayor asked what the graduation rate would be if the five-year students were included; whereupon, Dr. Bishop reported that based on the three-year summary of graduation measurements, the rate would be over 70 percent by March 2011. (For full text, see copies of handouts on file in the City Clerk's Office.) 254 Council Member Price asked about school strategies for dropouts and the role I that vocational education played in the career building/job opportunity curriculum; whereupon, Dr. Bishop indicated that the School Division has the greatest number of career/vocational enrollments in years, adding that the percentage of graduates among those students were in the high 90 percentile and the courses appear to be keeping students in school. Deputy Superintendent Baker added that in the previous year, 132 industry certificates were awarded. Council Member Bestpitch commented that in the near future approximately two- thirds of jobs would require post secondary education, but not a four year degree, and inquired if high school students were receiving information about the Community College Access Program (CCAP); whereupon, Superintendent Bishop explained that the School Division was doing a much better job of getting the word out and that she is personally monitoring the competency test results to see who, what, why and where; and in addition, remarked that it is unacceptable for a student to go through a multimillion dollar high school and thereafter, take remedial classes upon entering college. Council Member Ferris asked if there were any analyses to show where about graduations were not taking place, such as a poverty index, and whether or not the schools could rank the students by households, school lunches for comparison purposes; whereupon, Dr. Bishop responded in the affirmative, adding that Patrick Henry ranked in the top ten percent for graduation in the country due to receiving an I Advanced Placement Grant, adding that the same grant will be provided to William Fleming this year; and the Title I funds will be used in elementary and middle schools for after school programs. ' With regard to Forest Park School, Council Member Lea stated that although Forest Park School was not closed, but its admission had changed, and inquired if the program was working. Dr. Bishop reiterated that 5th year graduates do not count toward the graduation totals, however, she was of the opinion that a City could not survive without educated people. She emphasized her passion to educate youth, adding that there are dedicated teachers wishing to help students. Council Member Lea complimented the School Division for providing students with a second chance and giving them hope for the future. Vice-Mayor Trinkle requested that the Council be briefed at a future meeting on all forms of remediation costs; and he inquired if there was data available for the amount of intervention being provided to ninth graders. He then recommended that the true numbers be distributed to area realtors. Dr. Bishop replied that a report on all types of remediation and what works would be provided to the Council. I I I I 255 The Mayor indicated that he would like to have an updated report on diversity in the Roanoke City Public Schools as well as how many languages are being used, and statistics on the graduation of students from Forest Park School. Accreditation of Schools With regard to accreditation, Dr. Bishop distributed information on accreditation and AYP 2002-03 - 2009-10, indicating optimism for William Fleming becoming accredited. (See copy of document on file in the City Clerk's Office.) School Formula With regard to school formula, the Vice-Mayor advised that the school formula had been turned over to the Joint Services Committee for study and report. He indicated that the committee had changed and would meet again at the end of January 2011. He further advised that it is believed that there will be no way for the City to make up for the State shortfalls if things continue going the way they were. He noted that the new school funding formula should be in place for the 2012 - 2013 budget year. Council Member Bestpitch suggested that a long range plan be created for capital projects; an equitable policy outlining a clear definitive plan that would project numbers that could be built into the process for the future while continuing to work on other projects. Status of Recreation Leaaues Utilizina School Facilities In reference to the use of school tracks, Chairman Carson indicated that fences were placed around the high school tracks in order to serve as a reminder that bicycles, skateboards, etc., were not allowed on the track surface, which decision was made to protect the schools' investments. With regard to policy for use of school facilities by recreation leagues, Deputy Superintendent Baker shared information with regard to school facilities use, advising that a work team was created to remedy issues. He indicated that a school policy was being created and would be implemented to avoid confusion regarding priority use. (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Trinkle asked about the School's relationship with the City's Department of Parks and Recreation; whereupon, Dr. Bishop answered that the relationship was excellent one and that there would be ongoing discussions regarding the use of school facilities by the recreation departments for recreational winter sports, The City Manager added that data would be provided to the Council for its information. 256 Regarding the use of the athletic track at William Fleming, Council, Member Price I and Lea requested that the School Division schedule a public meeting to meet with residents in the northwest community to discuss the issue and possibly come to a positive resolution. There being no further business, the Mayor declared the meeting in recess until 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. There being no further business to come before the Board, the Chairman declared the meeting adjourned at 11 :37 a.m. 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 William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea (arrived 'late), Anita J. Price, David B. Trinkle, and Mayor David A. Bowers-6. ABSENT: Council Member Court G. Rosen-1. The Mayor declared the existence of a quorum. 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 The Reverend Timothy P. Harvey, Pastor, Central Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. At this point, Council Member Lea entered the meeting (2:02 p.m.) PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. I I I I 257 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Monday, December 20, 2010, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Bestpitch moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: I AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) OATHS OF OFFICE- CITY PLANNING COMMISSION: Report of qualification of Angela S. Penn as a member of the City Planning Commission for a term commencing January 1, 2011 and ending December 31,2014. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Bestpitch moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. 258 REPORTS OF OFFICERS: I CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTIONS: NONE. COMMENTS BY THE CITY MANAGER: The City Manager reported that the City's Holiday Career and Lifestyle Fair was held Tuesday, December 28. 2011, at the Roanoke Civic Center, with a total of 58 companies participating and 700 job-seekers in attendance, adding that the attendance was up from 600 the past year. He shared that vendors included cultural and "lifestyle" agencies such as the Taubman Museum of Art, The Jefferson Center and the Historical Society of Western Virginia, as well as educational entities such as the Higher Education Center and National Business College. He indicated that a Spring Career & Lifestyle Fair was being planned and would be held in late April or May 2011. Mr. Morrill also announced that the Citizens for Clean and Green Committee was sponsoring a Green Academy on Thursdays beginning January 20 - February 10, 2011, at Fishburn Park Elementary School, classes commencing at 5:30 p.m., with a light I dinner, and each evening's program to run from 6:00 p.m. to 8:00 p.m. Also, he commented that the program will give participants a chance to learn about important environmental issues. He pointed out that admission was free, but persons must , register either online at www.roanokeva.Qovlareen or by completing and forwarding the printed flyer to Ken Cronin, Director of General Services, Room 354, third floor, Noel C. Taylor Municipal Bldg, 215 Church Avenue, S. W. The City Manager recognized and expressed appreciation to the City's Snow Removal Team for reporting to work on Christmas Day due to inclement weather, and for sacrificing planned time with their families over the holiday weekend. He also thanked the 24-hour staff, Police, Fire-EMS, E-911, who work during the Christmas and New Year holidays, which was time spent away from their families. Finally, Mr. Morrill mentioned that Roanoke Public Libraries has secured a $52,000.00 donation to the Roanoke Library Foundation to refurbish areas of the Williamson Road Branch which will enable the library to totally redesign the children's area with new shelving, furniture, and storytime area; adding that one new service will be special early literacy computer stations in both English and Spanish; and almost 400 students enjoyed the recent production of "Scrooge and Marley" performed by the June Bug Center, which was sponsored by the Roanoke Public Libraries, with performances held at Wasena Elementary and Stonewall Jackson Middle Schools. I I I I 259 DIRECTOR OF FINANCE: T AXES- GENERAL REASSESSMENTS: Susan Lower, Director of Real Estate Valuation, presented a report and overview highlighting the Annual General Reassessment for the Fiscal Year 2011-2012. (For full text, see copy of report and presentation on file in the City Clerk's Office.) Ms. Lower reported that the Code of Virginia requires that all real property be assessed for taxation at 100% of market value; the Code of the City of Roanoke requires that all property be assessed on an annual basis; and the City notify property owners each January of any changes in the assessed values which will become effective July 1. She reported that only property owners that received a change in assessment were mailed a notice on Jan!Jary 3, 2011. She explained that taxable real estate tax base increased overall approximately 0.23% due to this year's annual reassessment, adding that the general reassessment change will decrease existing properties by 0.17%, while new construction activity will add 0.40% which will increase the overall taxable real estate to 0.23%, subject to appeals. Ms. Lower shared the following 2011 Reassessment Summary: . Commercial Real Estate o Portions of land values on Melrose Avenue land values were reduced 10% as an average o A minimal number of improvement values were increased as a result of field reviews/equalization · Residential Real Estate o Reductions in neighborhoods: Wilmont Farms, Cherry Hill, Signal Hill, Melrose Avenue area, and Old Mountain Road o No residential increase except field inspections where appraisers obtained new information and updated City's database o Reductions in condo units: The Glen and Glen Ivy o Seven condo neighborhoods went up 3% to 5%: Avenham House, Avenham Terrace, Colonial House Condos, Crown Point Condos, Highland Square Condos, Olde Georgetown Condos and Raleigh Place Condos · New Construction Projects o Virginia Tech/Carilion Medical School and Research Facility on Reserve Avenue, Jefferson College, Member One Corporate Offices and Branch Bank, O'Reileys, Cheddars, CVS on Plantation and Kohls o New Rehabs - Meridium, Patrick Henry Hotel, 302 Campbell Avenue (school and apartments) 260 Ms. Lower mentioned that homes sales declined by 22% from 2009, but the I median home value for the City remained the same at $133,000.00, with the average sale price increased 2% to $153,505.00. She pointed out that even though the majority of residential and commercial property owners did not receive an assessment change, the marginal decline in this year's general reassessment represented the first drop in real estate values recorded in the 40-year history of this assessment office, noting that the decline was driven by similar factors affecting the nation's economy: the challenging economic conditions, unemployment concerns, rising foreclosure activity, the reduced volume of valid market sales data, including single-family residential, office, multi-family, industrial and retail properties and a continued slowdown in new construction. The Director of Real Estate Valuation explained that the total reduction in dollars is $11.6 million, adding that Fiscal Year 2010 had a slight increase in valuations at .11 %, which is comprised of both residential and commercial valuations. She explained that portions of land values on Melrose Avenue were reduced by 10%, which could be based on the fact that the Peters Creek Road Extension had drawn traffic away from Melrose businesses, reducing their value. In conclusion, she reported that assessment appeals to Real Estate Valuation would be conducted from January 3 - 31, 2011, with hearings commencing in March I 2011. Following questions and comments by the Council, the Mayor advised that the presentation would be received and filed. FINANCIAL REPORT: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of November 2010. (For full text, see copy of Financial Report on file in the City Clerk's Office.) The Director of Finance and Amelia Merchant, Director of Management and Budget provided a commentary on the City's financial results for the first five months ended November 30, 2010: I 261 I FY11 General Fund Overview . Revenues declined 2% in FY10 . FY11 adopted budget 1.4% lower than FY10 adopted . Revenue through November increased 1.2% from FY10 · Expenditures through November down 5.6% from FY10 · Both represent improvement since the October reporting period . Overall, Roanoke is beginning to see mild improvement in key local taxes . Performance is viewed with cautious optimism - unemployment remains high; economic challenges remain I Sales Tax Below Estimate but Second Month .... of Improvement Following Two Year Decline II FY11 Revenue Estimate $17.995M A decline of .6% from FY10 Actual 6.1 6.05 ~ 6 ~ 5.95 :s 5.9 5.85 5.8 4 Mos Ended 10/31 I- Prior YTO Actual OYTO Budget ElYrO Actuall Revenue down A% from last year but .2% higher than YTD budget. This tax improved from September to October, the second month of increase after more than twenty months of consecutive dedine. I 262 Meals Tax Increase is GrOWing"t FY11 Revenue Estimate $15.341 M I 6 5 Pri.s\'TD Pll:ct\'TD .- '\""ttl - ytD .<=1 .. 4 " ~ 3 ~ 2 o 4 mas Ended 10/31 When adjusted for the tax rate change, revenue increased 1.1% from FY10 and is 4.2% over budget. Telecommunications Tax ExCeeding. Budget and Prior Year I Telecommunications Tax Revenue Estimate $7.295 M 1.9 1.8 /I) c g 1.7 :!!J! 1.6 . Prior YTD adj o YTD Budget . YTD Actual 1.5 3 Mo Ended 9/30 Telecommunications tax revenue is 3.4% over budget and has increased 11.4% since FY10. A refund in FY10 negatively impacted that year and yields a favorable FY11 performance. I I 263 Lodging Tax Exceeding BUdget. and Prior Year Transient Occupancy Tax Revenue Estimate $2.521 M 1.5 1.4 '" .2 1.3 :: 12 :E' 1.1 . Prior YTD ad) o YTD Budget [] YTD Actual 6 Mo Ended ii/3D Lodging tax revenue is 10.5% over budget and has increased 5.5% since FY10. I Cigarette Tax Below Budget and Prior Year . Cigarette Tax Revenue Estimate $2.393 M 1.2 1.15 ~ 1.1 ~ 1.05 i 1 0.95 0.9 . Prior YTD ad) o YTD Budget [] YTD Actual 5 Mo Ended 11/30 Cigarette tax revenue has decreased 16.3% since FY10 and is 3.8% under budget. If current trends continue, there may be a shortfall of $250,000 to $300,000. I 264 Admissions Tax Above Prior Year but Below Budget I Admissions Tax Revenue Estimate $0.438 M 0.2 0.195 . Prior YTD adj o YTD Budget . YTD Actual /I> c: ~ 0.19 :! 0.185 0.18 5 Mo Ended 11/30 Admissions tax revenue has increased 2.5% since FY10 but is 3.1 % below budget. If remaining months of FY11 are at or higher than same months of FY10, budget will be met. Local Taxes Due in Spring Second installment Real Estate (4/5) - Collections following first installment are meeting revenue budget and are slightly ahead of last year's collection rate Personal Property (5/31) $17.2 M Business License (3/1) $12.1 M Motor Vehicle License (5/31) $1.8 M Bank Stock (6/1) $0.8 M I I 265 I Other Local Taxes 1111 -..-... ~:~~~~uent Real I $63~.~50 II $ 623.620 IL $ 16.030 II 34.6% II. I l.p.u. bile Service 985,044 594.058,! 390,986,11 24.8% ... .....1 <?~rporatio~ . . _:~ . J penames and 608.889 543.058 65.831 46.8% ... Interest . Utility Taxes 3,305,993 2.965,293 340,700 35.2% . [~:~~~dalion; 306,943 ,t 368,066 (61.123)1 37.6%1" 1 F~'h1~ T"6 r ,9.678 1'4366911 '''99' 'II 106% 1.1 . - Second installment real estate and personal property components due in second half fiscal year. I Funding From the Commonwealth .. 26% of Budget Budgeted revenues down nearly $3M or 4.2% from FY10 with all categories in decline Revenue ____ I Non-categorical II $1,058,90211 S 1,169.51611 ($110.614)11 13.5%11....1 lShared -i 2.670,822!' 3,()10,463[ (339,641)_~31.2%;'_i I Social Services II 9,110.68711 8,925,08911 185.59811 29.9% II . I [otherCategClriCal..~ 4,60~911~~,~53'~~~L_(644,3()2)-~ 23.7%';..J I I 266 Other Local Revenues 1111 All Other Revenues Comprise 5% Budget and Performing as Expected I ------ I Permits II $ 371.05611 $ 328.21511 $ 42,84111 35.7% 11.1 [Fines-& forreitUres.i63o,233 r_590,496j .39.73i~i .39.'2~r.j I Interest & rental " 208,38911 318.0631 120.5% I.' rChiuges for ... }2.334.859 T2.803.28i;: 31.2% ;-.-11 ~~res I ! j I~ .1 . _ ,,_ __.L _ ..,'__ .. J Internal Se~ces I 724,08411 732.96111 28.4% . I Miscellaneous :i . 377,519 r321.694 r - 68.9% .r -"'1 L______:........._L_____~II Decreased revenues from housing of prisoners and EMS billings negatively impact Charges for Services. FY 2011 Adopted Budget De bt Sa rvlce 5% All Othe r 3% I PubliC Safety 23% Parks, Rec.& Cultural 4% Com m unity Dev. 2% Adopted budget of $253,363,000 reflects reductions of $9.0 million to facilitate balancing I I 267 Personnel (Salary/Benefit) Lapse. Performing Ahead of Target .. I l~ .c I- $40 $30 en c ~ $20 ::E $10 $0 Target Actual Fiscal Year savings projected to exceed $1.7 million budget by $815,000 Public Safety Overtime and Fire/EMS Part-Time Above Target . Target Actual Expenses $33,000 above target I 268 Workers' Compensation . Expenses Above Target I $1'~~ $800 ~ $600 ~ $400 g $200 t= $0 Target .1 Actual Expenses $149,594 above target Comprehensive Services Act Expenses Below Target I !~tII FY 2010 Actual . lid FY 2011 Actual Target Expenses $304,265 below target I 269 I Residential Juvenile Detention . Expenses Below Target .. J~. Target II@ Actual Expenses $165,760 below target I Solid Waste Tipping Fees . Below Target .. ~'e!~ ~ $200 ,g $0 l- T argel ~ Actual Expenses $69,130 below target I 270 Motor Fuel Expenses Below Target . I j.OID~ 500 00 ~~~ 100 :=. $0 Target . Actual Expenses $30,697 below target Civic Facilities Fund Comparative Statement of Revenues and Expenses For the Five Months Ending Nov 30th I I I FY 201 , FY 2010 V.a.riance I ~~ti!:.'9~nues S 2001,Wl S 1.E07.S8S 4~" ~..ti"l!e.I'!"'" 1.565.327 2946.001 .~~ Oponti"l! llKo I I03.Ql 11.038.118 13% ~..ti"l!Ex"i"'" C2l0.1701 210.!E71 ..1% Lou &.ror. T~nftrs.and Con:ributions /1.123.005 1.2S4. 1~" Ntt TrarSMs and Contributions 1420251 12237l 1~" I ~f?in"'tAs9&ts I S (1.1~.1201 S (t.~.442 7% I o 9% fewer events in FY11 but 25% more attendees o Operating margin improved 13% va FY10 ~ November highlights were Carrie Underwood, BiU Cosby and the Stocked Mll/1(el as weU a. strong catering revenue. o FY10 net transfers included a non-reculTing transfer in for capital I 271 I Parking Fund Comparative Statement of Revenues and Expenses For the Five Months Ending Nov 30th I I FY 2011 FY 2010 V~ri~nce I ~ating Revenues 5 1.t~.170 5 1.093.117 ~I<o ~ratinQ Exoenses 537.172 S6<l.2e1 381<0 Ope.rM:ina Income 616.007 223.856 175% Net Nonoperating Expenses (274.40l1) (183.238) -50% I"co~ Before T ransf.rs and Contributions 34..60. 40,617 741" Net Transfers and Contributions DI<o Chang.. in Net Assets 5 341.0Dl 15 40.617 741% FYl1 management fee has not been paid since July pending contract finaliZation which occurred in December Adjusted for this, the improvement to the change in net assets would be approximately 550,000 rather than $300,000 Non-operating expense increase from interest expense on bonds issued in 2010 I Pension Plan Trust . Low (2128/0'9) . 613010B 06130109 .6/3Of10 .'0/31110 .11/30110 II High (10131/07) Roanoke Performance Perod Pension Plan Pofq Month of November -.7% -.0% Fis~l YTO 13.1% 11.3% One Veal 10.7% 6.2% Three Years -1.0% -2.1% Five Years. . 4.0% 3.0% Assel Allocation 11/30/10 Marlt.t v~u. Assets (Millions) ~ ---oIlIIIIIIIl ~ ~ -----oIIIIIIIlI aus EquitiK . Real Esute mConvertiblt's .US Fiud lnCOftM Ei1 Cash Equiv Q Balanced . tntemational Equitin I 272 In Short Performance as Expected Viewed with Precaution . Revenues expected to meet budget; most categories performing as expected . Cautious monitoring of local tax performance, especially sales tax, though it continues trend of improvement . Several key revenues with spring due dates - Personal Property and Business License - that require cautious management . Continued risk of cuts in State funding . Expenditures, in the aggregate, are well-positioned to remain within budget . Expenditure savings sufficient to address identified expenditure issues (See copy of presentation on file in the City Clerk's Office.) Following dialogue regarding the matter, Mayor Bowers advised that the City of Roanoke Financial Report for the month of November 2010 would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, the Mayor declared the Council meeting adjourned at 3:14 p.m. APPROVED ATTEST: ~ m. O)D&-N Stephanie M. Moon City Clerk David A. Bowers Mayor I I I I I I 273 ROANOKE CITY COUNCIL-REGULAR SESSION January 18, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 18, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Raphael E. Ferris, Anita J. Price, Court G. Rosen, William D. Bestpitch, and Mayor David A. Bowers-5. ABSENT: Council Member Sherman P. Lea and Vice-Mayor David B. Trinkle-2. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; 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 L. Armentrout, Pastor, St. Marks Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. ANNOUNCEMENTS: NONE. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SISTER CITY: The Mayor recognized and presented students from Wonju, Korea, with Honorary Citizenship Certificates. ACTS OF ACKNOWLEDGMENT-CITY CLERK: The Mayor recognized the City Clerk for having earned the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks (IIMC). He also recognized the City Clerk's Office staff for its support of the Clerk. 274 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that I City Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. HOMELESS-HUMAN SERVICES: Debra Saunders appeared before the Council and inquired about financial support of a soup kitchen and day facility in the northwest quadrant of the City. Council Member Price spoke about the feasibility of a soup kitchen and suggested that the matter be referred to the City Manager for study and report to the Council. Mayor Bowers also noted an increase in the City of Roanoke's homeless population. The City Manager mentioned that an annual report from the HAT Team regarding the homeless population will be available either April or May 2011. Without objection by the Council, the matter was referred to the City Manager for study and report to the Council. The Mayor requested that Ms. Saunders be notified I when the report would be transmitted to the Council. HOMELESS-HUMAN SERVICES: Robert Gravely appeared before the Council and offered suggestions on how to change the outlook of the community with regard to homelessness. 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, January 3, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) I I I I 275 Council Member Ferris 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 Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) SECURITY: A communication from Mayor Bowers requesting that Council convene in Closed Meeting to discuss plans related to the security of City-owned facilities and buildings, pursuant to Section 2.2-3711 (A)(19), Code of Virginia, as amended, was before the body. (See communication on file in the City Clerk's Office.) - Council Member Ferris moved that Council concur in the request as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) MINUTES: Minutes of the Audit Committee held on Wednesday, December 1, 2010, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris 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 Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) 276 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE REGIONAL PARTNERSHIP: Beth Doughty, Executive Director, Roanoke Regional Partnership, appeared before Council and gave an overview of the partnership's programs: I I I I I 2010 leTlVIlY REPORT I 277 278 I 2010 ROHOIE leTllIlY REPOIT MlRlmlllleTlVmES I IEDP Team Visits Research Consultant Calls NY/NJ Atlanta Charlotte Greenville Trade Shows 24x7 Exchange DataWorld Mid-Atlantic Sio Industrial Asset Management Council International Council of Shopping Centers ~ ROANOKE REGIONAL ~ PARTNERSHIP I I BUSIIIESS DEVEllPI1EIIT A = = = AEROTEK' I ... ~~~ - An5W~;1 For Every Body. ~TIiINITY PACKAGIN. GCOIU"ORATiON ~ s.nce1917 .PItec 'ot\Matri... '.CANATAli ~~; . II, ~rapy SO' ~VACHOVIA I I 279 280 I ClTAllllSSm PRll1m Issm _to BLUE R'IDGE ~~i_Fi~t~~~ on tt""]B p!3rkway ~ lftUSURE'HUNT ~'IIHlltl.I'I..mrJj I 1,~,~!\, ,:i=n..~ 'V ~ ,~~ ;<,f':;;,: ~ '\~~. . ,1~p:!J, ~\\~ /I, ',.,.,t,. .. ,r, . l'-' ,~_ '('0..' T~""~J'...~. ",~.,;~\ r \\-~ ,0/:':: '.' "'.~:\O -o.-~ ~"r~~~," ~(L~.\' . 0.,[,,~~-,:::~.;;:~ ~~\, Vr;J.-:: ;:~~~~....~ V' \\ .- ',~'l ~,_:,-........."... \\\ , "\. '\ ,^ '-0 -- , \' '., \,. ~-' , . , . ~ . ~.' ~ ~ . I I BUILD LOIIL SUPPORT Event participatio I ~l." ~ J' r' rf.t',,~J" ~ :7J,.f1~ ,j,,'Q,- - '-I ,-,ft!" ~ - --:.J#~ . i.Y:.J ......1 - . (} I~ ;;...."~11 " . ,DB. B '_ ' , ImAeT ECOIIOMIC IMPleT I 281 282 I FACiliTATE ENTREPRENEURSHIP I ~~'!I~'!'l_-_ ........--..-.- -.::. en I.... 0lI0l'IlII. - w_iptoal.....oil..-._~..s......... .......I......~_._........._...__.SeC fIJClIIIIJea&ellOUC_____~" U......-"..........\idluc1ut._,'"'.~._".,.._....< lAdl=m</nOllad ....ceftU._.__prwlu1l~ ____.-'....__bt...ul.-,,~..._ ....q.J<_...........,.,.~~II'loInw~a<;l........,~ "'dldllml'flllQllll,<fJAl'Illll'lH:IyelliclM~il'O~ _'"""~otlI..""".I_nc__.~_ UtInl__"'''''''._ ~""N"'''' l.<"'8fl'__"_._ lIdpoc"'ll_~U9C. o.o.lt Lat'IJ'ft____._ ~_N"'__ GO I 283 I I CUlTIIATE EIISDII BUSIIESS Executive Pulse .. .<~-<'.'.,u,' c......-. ...._.... _ d\ ....., .. .. I 284 (See copy of annual report on file in the City Clerk's Office.) Discussion: Council Member Bestpitch expressed appreciation to Ms. Doughty and her staff, particularly for the regular emailsfromRoanokeoutside.com/Get Outside. He emphasized the importance of promoting the City's outdoor assets and indicated that one of the challenges the City faces is the perception that there is no reason to spend time in Roanoke. He pointed out that there were several everyday activities in the Roanoke Valley and surrounding localities, such as hiking, walking the greenways, fishing; canoeing, kayaking, golf, dining, shopping, etc. He also called attention to the collaboration between the Partnership and the Convention and Visitors Bureau and hoped that City staff is also helping to coordinate activities that may be easily accessed through the various website links. Inasmuch the Commonwealth of Virginia is delineated by political subdivisions, Council Member Rosen asked what the City could do to promote itself that does not require legal maneuvering; whereupon, Ms. Doughty mentioned encouraging activities, programs, etc., because of their success, and being responsible for its infrastructure. Mayor Bowers mentioned that many years ago emphasis was placed on a shell building program that would bring companies to Virginia, and inquired if the City needed to study the matter further; whereupon, Ms. Doughty responded in the affirmative, adding that the City has to have a little bit of inventory, a little depth to its inventory, and such depth does not currently exist. I I I I I I 285 The Mayor asked if she was referencing industrial sites or businesses; whereupon, Ms. Doughty indicated industrial sites. She mentioned that when the Partnership evaluated the availability of sites, Roanoke City was one of the most prepared communities in terms of having graded sites; however, she stressed that there are other issues, such as utility capacities, the bedrock of how jobs and investment are grown. Council Member Ferris asked what is the most attractive opportunity that the Partnership has worked on that did not come to fruition; whereupon, Ms. Doughty advised that the answer was not a simple one because every project and need is different and their priority criteria is different in every situation, adding that in some instances, it could be skills and the labor force, but most likely it is a critical mass issue. Council Member Price inquired if the Partnership had considered working with the School Division to develop students skill sets to prepare them for the work force and workforce development; whereupon, Ms. Doughty pointed out that skill sets change all the time, adding not only are there diverse businesses, but different criteria, requirements and interests. There being no further discussion, the Mayor expressed appreciation to Ms. Doughty for the informative presentation and her tireless efforts with the Partnership. Without objection by the Council, the annual report was received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and execution of the Juvenile Accountability Block Grant from the Department of Criminal Justice Services; authorization for the City of Roanoke to serve as fiscal agent for distribution of grant proceeds. (For full text, see communication on file in the City Clerk's Office.) 286 Council Member Rosen offered the following resolution: (#39037-011811) 'A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, authorizing the City to serve as the fiscal agent for distribution of the grant proceeds, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 74, page 549.) Council Member Rosen moved the adoption of Resolution No. 39037-011811. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) (For full text of ordinance, see Ordinance Book No. 74, page 550.) Council Member Rosen moved the adoption of Budget Ordinance No. 39038- 011811. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) EQUIPMENT-TELEPHONES: The City Manager submitted a written communication recommending appropriation of funds in connection with the upgrade of . the City's telephone system. (For full text, see communication on file in the City Clerk's Office.) I I I I I 287 Council Member Rosen offered the following budget ordinance: (#39039-011811) AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings-Reserve for Telephone Replacement account to the Telephone System Upgrade project amending and re-ordaining certain sections of the 2010-2011 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 551.) Council Member Rosen moved the adoption of Budget Ordinance No. 39039- 011811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) COMMENTS BY CITY MANAGER: The City Manager announced that the community celebrated Martin Luther King, Jr. Day with special events, including the 15th Annual Martin Luther King Jr. March sponsored by the Southern Christian Leadership Conference (SCLC), stating that more than 100 people participated in the march from the MLK Memorial Bridge on First Street, near the historic African-American business center of Henry Street, to First Baptist Church - Gainsboro; and the Annual MLK Breakfast at The Hotel Roanoke and Conference Center hosted by the North Carolina State University - Roanoke Alumni Chapter, which attracted about 350 people. Mr. Morrill also commented on the success of the Greater Roanoke Home and Garden Show held at the Roanoke Civic Center on January 15 - 16. Also, he reported that total attendance including children and comps was approximately 7,100 for the whole weekend, compared with the total attendance last year at just over 6,400, along with nearly 130 vendors participating this year compared to 105 during the previous year. He also gave an update on proposed bus connector service from Roanoke to Lynchburg to accommodate Amtrak travelers, stating that the GRTC Board shared information that Valley Metro would be responsible for developing a program to provide such service and would be applying for a state grant for a portion of the funding needed, as well as studying other options for regional funding, with timing beginning in July 2011. 288 Finally, Mr. Morrill announced that the City had completed its feasibility study and consideration of the use of red light cameras, and had determined that the cameras does not make sense for Roanoke at this time; and that the conclusion was made based on reports from nine corridors studied in the City. He concluded that staff would continue to review and would revisit the issue, if necessary. DIRECTOR OF FINANCE: INSURANCE: The Director of Finance submitted a written communication recommending appropriation of Undesignated Fund Balance for insurance reserve. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#39040-011811) AN ORDINANCE to appropriate funding from the Fund Balance Designated for Self-Insured Claims, amending and re-ordaining certain sections of the 2010-2011 General and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 552.) I Council Member Ferris moved the adoption of Budget Ordinance No. 39040- I 011811. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) REPORTS OF COMMITTEES: 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.) I I I I 289 Council Member Bestpitch offered the following budget ordinance: (#39041-011811) AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 553.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39041- 011811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Price commented in response to Ms. Debra Saunders' remarks under Hearing of Citizens, that although many resources were available to the homeless, a major concern is citizens are unaware of such resources. She pointed out that in northwest Roanoke, there is less availability of access to downtown where many of the resources are located; and asked that City staff look into the feasibility of the proposal and possibility of collaborating with local churches. The City Manager commented that the public needed to h'ave a better understanding concerning homelessness, emphasizing that not everyone was soliciting for handouts. He added that this was an opportunity to educate the community about homelessness and to identify needs and resources. Council Member Ferris shared comments regarding the message given by the speaker at the Annual North Carolina A&T Dr. Martin Luther King, Jr., Breakfast, noting that there were many things in the speech that could be taken to heart and put into practice, such as no matter what your talent/skill or desire may be, strive to be the best you can be. 290 Council Member Bestpitch announced that the Local Office on Aging Meals on I Wheels Program was in need of volunteers, and anyone interested in volunteering should call 345-0451. Mayor Bowers called attention to an email received from the Virginia Secretary of Transportation Sean Connaughton stating that Governor Bob McDonnell designated the 1-581 Valley View southern interchange adjacent to the Best Buy store for a full interchange build out with VDOT funding, adding that the cost is estimated at $61.7 million, and once completed, the interchange will provide essential access to currently inaccessible, undeveloped land on the west side of 1-581 that could generate a potential $100 million in development for the City of Roanoke. He also suggested that the City Manager research the City's policy for hiring felons in City government and share his findings with the Council on the number of current felons employed by the City. In addition, the Mayor proposed the hiring of felons in City government, saying the City should be the model employer for the Roanoke area; and asked the City Manager to review under what circumstances could a felon be hired. The City Manager explained that having a felony did not preclude employment with the City; however, it would depend on the type of circumstances. He agreed to provide a report on the topic at the Council Informal Session on Monday, February 7,2011. (In response to Mayor's request regarding information on the hiring of felon for City of Roanoke positions, see copy of communication from the City Manager I dated February 9, 2011 on file in the City Clerk's Office) At 3:29 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's' Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:30 p.m., the Council meeting was reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle and Council Member Lea. COUNCIL: With respect to the Closed Meeting just concluded Council Member 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 Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. I (Council Member Lea and Vice-Mayor Trinkle were absent.) I I I 291 With regard to the Closed Meeting concerning security of City-owned facilities and buildings, Mayor Bowers read the following statement: "The Council of the City of Roanoke has instructed the City Manager to institute appropriate security measures, including the attendance of plain clothes police officers at some of the City Council meetings." ARCHITECTURAL REVIEW BOARD: Petition for Appeal filed by Dr. Effie R. George, representing Charles George, appealing a decision of the Architectural Review Board, which was rendered on November 11, 2010, that no Certificate of Appropriateness be issued to remove all one-over-one wooden windows and to install new Ply-gem Jefferson 100 Series wooden one-over-one windows at 1301 Maple Avenue, S. W., the matter was before the Council. (See Petition for Appeal on file in the City Clerk's Office.) Inasmuch as he has a potential conflict of interest, the Mayor advised that he would not participate in the discussion nor would he vote on the matter. However, since the Vice-Mayor was not present, he would preside over the matter only. Dr. George appeared before Council in support of the Petition, citing that the windows in the home were in disrepair; and the proposed replacement windows had been previously deemed acceptable by the Architectural Review Board. The Architectural Review Board (ARB) submitted a written report recommending that the Council affirm its decision to deny issuance of a Certificate of Appropriateness to permit replacement of 33 windows at 1301 Maple Avenue, S. W., based upon the H-2 Architectural Design Guidelines indicating that the windows should be repaired; and replacement should be considered only in cases where deterioration is to the point that repair is not feasible. It was further reported that during the November 11, 2010 meeting, ARB members discussed the condition of the existing windows; and based on the information provided by the applicant and seen on site, the Board found that the existing windows were not deteriorated beyond the point of feasible repair. It was stated that the Board members asked Dr. George if she would like the opportunity to explore other options or get more detail about the cost of repair, and the response was that the ARB vote on the application as presented. (For full text, see report on file in the City Clerk's Office.) Barbara Botkin, Chair, Architectural Review Board, appeared before the Council in support of the Board's decision to deny the Certificate of Appropriateness based upon lack of information submitted by Dr. George. 292 Council Member Ferris inquired if the ARB inspected the inside of the windows I for further damage; whereupon, Ms. Botkin replied no, noting that information with regard to the inside of the windows was not outlined in the application. Council Member Bestpitch called attention to the confusion in connection with the ARB process, noting that that Petition for Appeal signed by Dr. George stated that insufficient information, which was not provided by the petitioner, was the basis for the appeal; and he offered a motion for the matter to be remanded back to the ARB for further investigation. There being no second, the motion failed. Following in-depth discussion of the issue by the Members of Council, and based upon the evidence (testimony and documents) presented, Council Member Ferris offered a motion that based upon the evidence (testimony and documents) presented to the Council at today's hearing, the decision of the City of Roanoke Architectural Review Board on November 11, 2010, be reversed and that a Certificate of Appropriateness be issued for removal of all one-over-one wooden windows and installation of new Ply-gem Jefferson 100 Series Wooden One-over-One Windows at 1301 Maple Avenue, S. W., as set forth in the Application for Certificate of Appropriateness on the grounds that the proposed installation and location are architecturally compatible with the structures or historic landmarks in the H-2 District. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price and Rosen-3. NAYS: Council Member Bestpitch-1. (Mayor Bowers abstained from voting inasmuch as he had a potential conflict.) (Vice-Mayor Trinkle and Council Member Lea were absent.) At 5:11 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Anita J. Price, Court G. Rosen, William D. Bestpitch, and Mayor David A. Bowers-5. ABSENT: Council Member Sherman P. Lea and Vice-Mayor David B. Trinkle-2. The Mayor declared the existence of a quorum. I I I I I 293 OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Cecelia T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Colonial Green L.C., to amend the Development Pattern Book, revised Novemb~r 4, 2010, proffered as a condition of the conditional rezoning, and the Planned Unit Development Plan, dated November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135,3601, on Colonial Green Circle, S. W., to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, December 31,2010, and Friday, January 7, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the request, finding the application to amend the Colonial Green Planned Unit Development Plan and the proffered pattern book to be consistent with the City's Comprehensive Plan and the Franklin Road/Colonial Avenue Area Plan, adding that the proposed changes are consistent with' the original site plan; and that the pattern book will ensure that the units are architecturally compatible with the existing adjoining development. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: 294 (#39042-011811) AN ORDI NANCE to amend 936.2-100, Code of the City of I Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units, to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135, located at 3601 Colonial Green Circle, S. W.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 554.) Council Member Rosen moved the adoption of Ordinance No. 39042-011811. The motion was seconded by Council Member Bestpitch. The Mayor inquired if there were persons present wishing to speak on the matter; there being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39042-011811 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) ZONING: The City Manager submitted a written communication recommending execution of Amendment No.4 to the Colonial Green, L. C., Development Agreement dated December 20,2004. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39043-011811) AN ORDINANCE authorizing the City Manager to execute Amendment NO.4 to the Agreement for the Development of Colonial Green dated December 27,2004, such Amendment NO.4 to be entered into by the City and Colonial Green, L.C.; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 556.) I I I I I 295 Council Member Rosen moved the adoption of Budget Ordinance No. 39043- 011811. The motion was seconded by Council Members Price and Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen, Bestpitch, and Mayor Bowers-5. NAYS: None-O. (Council Member Lea and Vice-Mayor Trinkle were absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Stewart Fuller appeared before the Council to express appreciation to City administration and City officers for all that they do for the citizens of the City of Roanoke. There being no further business to come before the Council, the Mayor declared the meeting adjourned at 7:17 p.m. APPROVED ATTEST: ~Oh, m(}OYD Stephanie M. Moon, MMt City Clerk ~-QetS~ David A. Bowers Mayor 296 ROANOKE CITY COUNCIL-REGULAR SESSION February 7, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, February 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, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Sherman P. Lea (arrived late), Anita J. Price (arrived late), Court G. Rosen, William D. Bestpitch, Rafael E. Ferris 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. At this point, Council Members Lea and Price entered the meeting (9:03 a.m.) 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 Lea moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 297 COUNCIL: A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on tile in the City Clerk's Office.) Council Member Price moved that Council concur in the request to c~mvene 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, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) 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 consisting of two parcels in Botetourt County, 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 tile in the City Clerk's Office.) Council Member Ferris 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 Lea and adopted by the following vote: AYES: Council ,Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-D. (Vice-Mayor Trinkle was absent.) 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 located at 425 Church 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 tile in the City Clerk's Office.) 298 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 Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-D. (Vice-Mayor Trinkle was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: Council Member Bestpitch asked for c1aritication regarding Item 7.a.5. as to whether the revised daily one-way student fare of $.75 included Roanoke City students. Whereupon, the City Manager responded that the recommendation was only for inclusion of the additional schools in the GRTC service area. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: Arts Proaram - Bike Rack Desian Selection: Susan Jennings, Public Art Coordinator shared information on the artistic bike rack design selection, which is part of the Public Art Program. Grandin Village Location Potential Site for Bike Rack I I I 299 I Background Scope of Proiect Approved by City Council The Roanoke Arts Commission will work with Rid~ Solutions, a service of the Roanoke Valley-Alleghany Regional Commission and issue a call to artists. to design one or more unique bike racks. This mayor may not include fabrication. Budget $6,000 total $3,000 donated by Ride Solutions Calendar Work to be Completed and Installed - By May, 2011 with dedication to coincide with Bike Month . I Process · City of Roanoke received 29 responses to the Request for Qualifications . Citizen Panel narrowed these down to 3 finalists · Panel conducted telephone interviews with the finalists · Panel unanimously recommended Pop Up Designs (Artists - Joshua Howell and Kagan Taylor) to The Roanoke Arts Commission . Roanoke Arts Commission unanimously approved the recom mendation · Grandin Village Location Recommended I 300 Selection Panel I · Gary Bowman - City of Roanoke, Traffic Engineer · Jeremy Holmes - Coordinator of Sustainability Programs, (Ride Solutions) · Brenda Landes - Architect, CR Architecture · Dave Harrison - Attorney and Bike Enthusiast · Beth Deel - Artist · Greg Webster - Landscape Architect, Hill Studios and Roanoke Arts Commission Member Ex Officio · Susan Jennings, Arts and Culture Coordinator · Sharon T. Gentry, Manager Purchasing Division Title - "I n a Tang ~e" I I 301 I Detail View She concluded that City staff plans to work with property owners to tind a suitable location, and if a location cannot be identified, City staff will explore other possible sites in the area. (See copy of presentation on tile in the City Clerk's Office.) I Comments: Council Member Bestpitch expressed his concern regarding the procurement process and suggested that local artists be encouraged to bid on such projects. In response to the cost of the structure, Ms. Jennings advised that the total cost would be $6,000.00, half of which would be funded by a grant from Ride Solutions, with the other half being allocated from the One Percent for the Arts that is set aside for public art in the City of Roanoke. Council Member Lea noted his concern regarding the City's process for discussing potential sites with property owners. The Assistant City Manager for Community Development interjected that such matters were discussed with the public, but never site specitic. The City Manager added that it is difficult to tind the right balance - whether to receive public input first or brief the Council in advance - there is no easy solution. Following comments by Members of the Council, Mayor Bowers expressed appreciation to Ms. Jennings for the presentation on Arts program and Bike Rack Design Selection. I 302 1-581Nallev View Interchanae: Mark Jamison, Manager of Transportation, gave an overview of the history of the 1-581Nalley View interchange and said completion of the interchange is the City's top priority among interstate projects; and VDOT is obligated to complete the proposed project, with no matching funds required by the City. In addition, he reported that City staff was waiting for Federal Highway Administration approval of an Interchange Moditication Report (IMR), which would enable the project to move forward; and presented two options offered by the IMR for the project's design, stating that both designs were acceptable to the City. Additionally, Mr. Jamison reported that VDOT would hold a public hearing in connection with the project in June 2011, as well as survey the property owners regarding their desire for noise barriers. He indicated that the interchange project would have public involvement through neighborhood plans and community meetings to inform citizens about land use, street policies and design, street connections, and greenway extensions. In conclusion, he gave an overview of the 1-581Nalley View Interchange, highlighting the following: I I I I I I 303 304 Alternative C-2 : I I I I i ! I i I ! ! I I i . . I ! Noise Barriers I Ifi] Noise analysis required as part of Environrnental :ocuTllent. ., I f!] Constderat1On of barners IS 'iJiT3JTanted o Noise levels IDeet or exceed criteria LJ:J \);lill be shown on Public Hearing displays o N otecl as CCUncler Consiclemtion" Ifi] Each property owner \vill have a "vote)) Ifi] If> S()% wan t barriers they will be included . " ~ I I I I 305 306 I I Future Developtnent I II Public Involvement o N eil!hborllOOcl Plans o,J o Community I'vleeting;s I II Development I o Changes in land use . I.. . . o Complete Streets Pohcy & Street DesIgn Gmcle]jnes o Street cormections o Lick Run Greemv,lY Extension ~ id I I I I 307 308 I I (See copy of presentation on tile in the City Clerk's Office.) I I I I 309 Discussion: Council Member Rosen asked if the storm water retention pond would have to be relocated and if so, where; whereupon, Mr. Jamison answered that the relocation of the retention pond would be determined by the developer, and thereafter it would become part of the Stormwater Plan. With regard to the voting process, Council Member Rosen wondered whether the vote would be cast by the property owner or renter. Inasmuch as approval of the noise barriers require 50 percent of the affected property owners, Council Member Bestpitch stressed that City staff make every effort to inform the 200 residents about the noise barriers and said project, as well as emphasize a non response for the barriers will automatically mean a "no" vote. Furthermore, Council Member Bestpitch asked about the status of the Elm Avenue Exchange project; whereupon, Mr. Jamison commented that the project was moving forward and was scheduled for completion in November 2014. Mayor Bowers asked if the quoted $62 million was the total amount of the project, and if any City funds were required as a local match; whereupon, Mr. Jamison stated that the $62 million was not the original amount since the reduction in collector roads had decreased the price tag slightly, and therefore, the City would not incur any expenses since no matching funds were required. The Mayor also inquired as to who would make the decision regarding the two options, and if a date had been scheduled for the VDOT public hearing; whereupon, Mr. Jamison explained that the Transportation Department was considering a June timeframe for the public hearing and the cost of additional roads off the interchange would be borne by any future developer unless the City negotiates differently. Lastly, the Mayor asked whether efforts were underway to visit the northwest neighborhood community to discuss the 1-581 interchange; whereupon, the City Manager indicated that because communication was essential, the neighborhood organizations would be included in the approval process. With regard to the sharrow markings, Mr. Jamison advised that sharrows are used to inform motorists to share a street lane with bicyclists where passing is not permitted, adding that the cost per decal is approximately $150.00. He noted that the sharrow markings would be stamped from 2nd Street, S. W., to the Lick Run Greenway in the northwest section of the City, along with caution signs advising motorists in the area. 310 There being no additional questions and/or comments by the Council, Mayor. Bowers announced that the Tl]ird Annual Mayor's Bike Ride will be held on May 7. 2010 Crime Analvsis Report: Chris Perkins, Chief of Police, gave a report regarding the 2010 analysis on the overall crime rate in the City of Roanoke. He credited the accomplishment to geo- policing and community involvement, and concluded that the department's priorities are to reduce domestic violence crime and drug activity, to provide training relating to mental health incidents, to reach a broader cross-section of the community with education about crime prevention, and to continue strong strategic and selective traffic enforcement efforts relating to speeding and driving under the influence (DUI). He highlighted the following data: I I I I I ~..~~...,.. 1970 15 1990 13 1971 13 1991 15 1972 i4 1992 10 1973 23 1993 11 1974 15.5 1994 4 11.1 1975 23 1995 17 1976 22 1996 13 1977 15 1997 1978 12 1998 15 1979 1999 8 i'.BI"~~"~ 1980 16 2000 9 1981 i6 2001 13 1982 14 2002 15 1983 13 2003 13 1984 i4 14.2 2004 10.8 1985 15 2005 16 1986 12 2005 12 1987 12 2007 4 1988 i4 2008 11 1989 i6 2009 2010 Murders = 9 (4 Domestic Related) I 311 312 I Rap~ I I I I City of Roanoke 2009 to 2010 Percent Change (in"easJ'denoted b1 ",d cc!orfunt) I ' January 1st through Decem ber 31st (as of 02{0 112011) I I IZone 4 I y20.00% 1 0.00% -60..00% 14.290/0 150..0.0% -27.50% -6.90GIc, -61S4~b -15.09% 75.971\1:1 -7.07% .40.300;0 . 44.23% . -14.29% . 14.731\11 12.00l\u.. ...... .. - .. I ~? 0" . -33.33% -25,00% B3.33lJ1o l35.~3 '0 -17.39% 13.430,11 -11.11% l.72o"u p8.56% -16.42% -11.65%' 6.06oAJ -3.67% 1-091% -2.74% B.340,'O -10.53% -2.68Q'o -11.87% -4.62% --... ----- I I I Incident Type Citywide Total Zone 1 Zone 2 Zone 3 Horn icide 50.000,11 -100.00% .0 12.500ju Robbery fl..ggravated Assault Part'One,Violent sub'total fl.rson Motol- Vcrlide Tlleft Burglary Larceny Part One Property - ~J:lbto~al' Total Part One Crimes I !' I Economy Correlations White Collar Crime Offense 2009 2010 %CHG - - Fraud 444 516 16.22% Bribery 0 0 0 Counterfeiti ng/Forgery 138 215 5 5 . 80% Embezzlement 91 75 -17.58% Totol White ColJor Offenses 673 806 19.76% I I 313 314 I I I i , , , Conclusion ! i i I · Domestic Violence - Priority ! · Other than correlations to economy, it is 6stimated that over 80% of our crime is directly or indirdctlY related to drug activity - Priority (DMI) i · Enhanced training for officers related to rental health incidents - Priority i · Community Integration and Service Enh~ncements- Ways to reach a broader cross-section of our community with Education and Crime Prevention (S6cial Media, , SAFER CITY, White Collar Crimes) - Pri~rity , · Continue strong strategic and selective t1affic enforcement efforts related to speed andl DUI - Priority I I , I i I I I (See copy of presentation on tile in the City Clerk's Office.) I I I . I , " " , I 315 Council Member Ferris asked about the methods used to classify various offenses; whereupon, Chief Perkins explained that mandates from the State Police are used to dictate crime classifications, adding that a check list outlining the procedures are also followed; and the procedures, consistent throughout the last tive and a half years are audited by the F.B.1. There being no additional questions and/or comments, Mayor Bowers expressed appreciation to staff for the presentation on Crime Analysis Report. Budaet - Financial Plannina FY12: Amelia Merchant, Director of Management and Budget, and Ann H. Shawver, Director of Finance, highlighted the following information regarding the FY 2012 Budget Development: Financial Trend Monitoring System · Review of the Financial Condition of a locality - Ability to maintain existing service levels - Withstand local and regional economic disruptions - Meet the demands of natural growth, decline and change · A means of reviewing historical financial and demographic data - economic, demographic and budgetary factors · Identifies the factors that affect financial condition 316 The Factors · Environmental Factors - Create demand and provide resources · Organizational Factors - Responses the government makes to changes in the environmental factors · Financial Factors - Reflect the condition of the government's internal finances The Director of Management and Budget pointed out that the Financial Trend Monitoring System identities factors that influence the tinancial condition of a locality, noting that factors are environmental, organizational and financial. Financial Indicators Revenues - Revenues per capita - State Revenue - Tax Revenues - Revenue Shortfalls or Surpluses Operating Position - Expenditure surplus - Fund balance Pension Obligation Funding Expenditures Expenditures per capita Employees per capita Expenditures by Major Category - Pension Obligation Funding Community Needs & Resources - Population Property Value - Poverty Households and Public Assistance Recipients (Food Stamps) Debt Structure - Long-Term Debt - Debt Service I I I 317 I Revenues Per Capita Total revenue divided by population $4,000 $3,000 2 .-----. 2,782 . 2,803 .. 2,713 $2,000 $1,000 $0 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Decreasing revenues per capita State Revenue I State revenues divided by General Fund revenues 30.00% . . . . . 20.00% 23.6 24.0 10.00% 0.00% FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Increasing amount of state revenues as a percentage of General Fund revenues I 318 Tax Revenues I CIl $140 115 c: ~ $120 ------: i $100 108 109 103 107 111 $80 -+- Current Dollars $60 - - Constant Dollars $40 $20 $0 FY FY FY FY FY 2006 2007 2008 2009 2010 Warning Trend: Decline in tax revenues Revenue Shortfalls or Surpluses Actual revenue variance divided by revenue budget 3.00% 2.00% 1.00% 0.00% .1.00% .2.00% -3.00% I 1.4 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Increase in revenue shortfalls or surpluses as a percentage of actual revenue I I I I $3,500 $3,000 2,477 $2,500 $2,000 $1,500 $1,000 $500 $0 319 Expenditures per Capita Operating expenditures divided by population 2,804 2,778 ---- 2 525 2,491 2,520 -- Constant Dollars - - Current Dollars FY FY FY FY FY 2006 2007 2008 2009 2010 Warning Trend: Increasing operating expenditures per capita. 10 Expenditures by Major Category Operating expenditures for major category divided by total operating expenditures FY 2009 FY 2010 DobtSOr...... '" o.btS.rvlc. '" Communtty ~. '" Community Dn. '" lll'lIt.Ale.& Culto;",l '" hrks,Rllc.& Cultural '" Warning Trend: Increasing operating expend~ures for major category as a percentage of total operating expenditures. II Ms. Merchant pointed out that the previous slide displayed the last two fiscal year periods because prior to said periods, the City appropriated a portion of the Fund Balance for capital needs, and ceased such practice after Fiscal Year 2008. 320 Expenditure Surplus Actual expenditure surplus divided expenditure budget 4.00% 3.00% 2.00% 1.00% 0.00% 1.01 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Increase in expenditure deficit or surplus as a percentage of expenditure budget. 12 She advised that in Fiscal Years 2009 and 2010, expenditures were under budget by 1.97% and 3.78%, respectively, attributing that to proactive measures, such as deferred maintenance, curtailing of expenses for Fleet Management and Technology, hiring delays and department reductions which allowed the City to be under the expenditure budget and to offset the revenue shortfall. $30 en ~ $25 = $20 ::!: $15 $10 $5 $0 Fund Balance 23.3 22.1 ?1 n 22.4 25.0 .... ~~ FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Declining fund balance 13 I I I I I 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% I Long Term Debt Bonded long-term debt divided by Population . $3,000 ----- . · 2,801 2,824 2623 --+ . $2,000 2,576 $1,000 $0 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Increasing bonded long-term debt per population 14 Debt Service . Debt Service divided by total expense budget 8.7 --0. ...... ,ft '" IV.... 8.4 Q~ 0.1 , FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Increasing debt service as a percentage of expense budget. 15 321 322 0.021 0.0189 0.0168 Employees per Capita Number of municipal employees divided by Population 0.02 0.0199 0.0185 Warning Trend: Increasing number of municipal employees per capita. FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 16 Council Member Rosen indicated that in analyzing the information, benchmarks from similar localities would be a plus to compare the number of employees per capita to other localities. 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 o Population Weldon Cooper Estimates 92 830 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Warning Trend: Rapid change in population 17 I I I I I I 323 Property Value Change in property value divided by Property value in prior year 10.00% 8.00% 9.5 6.00% 4.00% 2.00% 0.00% FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Warning Trend: Declining growth or drop in the market value of residential, commercial, or industrial property. 18 Poverty Households and ...... Public Assistance Recipients . (Food Stamps) Households and recipients as a percentage of population 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 17.42 ~ Poverty Households - - Food Stamp Recipients 15.36 16.31 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 19 Ms. Merchant pointed out that the amount of the citizens receiving food stamps had increased from 19.71% to 22.76% in 2010, a 15.42% increase in recipients since 2009. Council Member Ferris commented that he would like to see not only data from peer cities, also from neighbors to examine how Roanoke tits in. The City Manager explained that this trend was the most concerning and may be the toughest to turn around because people in poverty often demand more services that the City must provide. 324 Council Member Rosen inquired about the City's unemployment rate; whereupon, the Director of Finance indicated that the rate was seven percent and was holding steady. 100.00% 80.00% 60.00% 40.00% 20.00% 0.00% Pension Obligation Funding Percentage of Funded Actuarial Liability ~ 84.82 88.74 86.24 82.29 R1R1 , , FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 20 Revenue Budget by Major Category Fiscal Year 2011 Adopted . Real Estate Tax . Intergovernmental . Sales . Personal Property . Business License . Prepared Food . Charges for Services . Other Local Taxes . Other . TOTAL $79.6M $66.4M $18.0M $17.1M $12.1M $15.4M $10.0M $31.5M $ 3.3M $253.4M Othe r Loeal 12% Pro pared Food 6% RIal Estate 32% 21 I I I I I I 325 FY 2012 Revenue Budget Compared to Adopted FY11 Budget Category FY11 $ Growthl % Growthl FY12 Adopted (Decline) (Decline) Revised Real Estate Tax $ 79,602,000 $ ( 10.000 ) (.0%) $ 79,592,000 Intergovernmental 66.405,000 (471,000 ) (.7%) 65,934,000 Sales Tax 17.995,000 372,000 2.0% 18.367,000 Personal Property 17.084.000 ( 500,000 ) (2.9%) 16,584,000 Tax Business License Tax 12,086,000 ( 55.000 ) (.4%) 12,031.000 Prepared Food Tax 15,341,000 755.000 4.9% 16,096,000 Telecommunications 7,295,000 237,000 3.2% 7,532.000 Tax Charges for Services 10.024,000 ( 482,000 ) (4.8%) 9,542,000 Other Local Taxes 24.187,000 178,000 .7% 24,365,000 Other Revenue 3.344.000 ( 138.000 ) (4.1%) 3.206.000 Total $ 253,363,000 $ ( 114.000 ) (.0%) $ 253,249,000 22 Council Member Rosen asked about the tax comparison of the US-220 Wal-Mart Store that recently relocated to Roanoke County and the Kohl's Department store that is scheduled to locate to the former site; whereupon, Ms. Shawver could not speak on specitics because the information was confidential and the move had not yet been finalized. In addition, the City Manager hoped the Kohl's Department Store would be a regional attraction that could help make up the overall loss of the Wal-Mart Store, which was a large generator of revenue. Council Member Bestpitch inquired if the total budget included the amount allotted for the school system that had been generated from the increase in the food tax; whereupon, the Director of Finance replied in the affirmative, noting that the amount for in the General Fund for the Schools was just under $69 million. 326 Dates to Watch for Refinement of Local Tax Estimates · Jan 31st - appeal period ends for real estate · Late Feb - real estate estimate refined · February - NADA data available for 2011 vehicular values; personal property estimate updated · March 1 - Business license tax due date · Mid March - BPOL estimate refined · Early April - Commissioner of Revenue releases 2011 personal property levy · Mid April - personal property estimate finalized Revenue Values Local Tax Revenues Shared 36.42% with RepS Cu rre nt Maximum Rate Change Tax Rate Rate Value Real Estate $1.19 None $.01 = $649,000 Personal Property 1 $3.45 None $.01 = $47,000 Cigarette (20 per pack) $0.54 None $.01 = $42,000 Transient Occupancy 7% None $1% = $403,000 Admissions (General) 5.5% None 1% = $80,000 Prepared Food & Beverage 7% None 1 % = $2,299,000 Motor Vehicle License $20.00 $33.00 $1 = $98.000 Note 1: The Personal Property impact is ca/culcied on the local portion of the tax oAY; It does not include PPTRA. I 23 I 24 I I FY 2011-2012 Non-Discretionary Cost Increases Total: $1.768.263 · Medical - $359,189 - Anticipated increase of 10% in employer share January 2012 · Dental - $8,410 - Anticipated increase of 5% in employer share January 2012 · City Retirement Contribution - $1,400,664 - Increase in employer contribution rate from 15.78% to 18.04% I Budgeting for Outcomes · Priority Teams currently reviewing and scoring offers · March 7, 2011 Briefing - Presenting results of first round of ranking and the allocations by Priority I 26 327 25 328 Next Steps · March 7, 2011 - Budgeting for Outcomes Update - Capital Improvement Program planning 27 (See copy of presentation on tile in the City Clerk's Office.) I Mayor Bowers mentioned that he hoped the Budgeting for Outcomes Program included both the School Board and Constitutional Officers; and asked when the Capital I Improvement Plan would be presented to the Council and if a public hearing would be necessary; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, explained that a report regarding capital improvements would be presented to the Council at its meeting on March 7, and that a public hearing on the proposed 2011-2012 budget is scheduled to be held on Thursday, April 28, 2011 at 7:00 p.m., adding that citizens may comment on the capital improvement plan at that time; however, staff would be pleased to schedule a separate public hearing on the matter if the Council so desired. There being no additional comments, Mayor Bowers declared the Council meeting in recess for a Closed Meeting at 11 :58 a.m., to be reconvened at 2:00 p.m., in the Council Chamber. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch, Rafael E. Ferris and Mayor David A. Bowers-6. ABSENT: Vice-Mayor David B. Trinkle-1. I I I I 329 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. ANNOUNCEMENTS: SCHOOLS: The Mayor called attention to the City Clerk's Office accepting applications for two upcoming vacancies on the Roanoke City School Board for three- year terms of office, commencing July 1, 2011 and ending June 30, 2014. Information pertaining to the School Board process and application for appointment were available on the City's website and in the City Clerk's Office, with a deadline for receipt of applications being Thursday, March 10,2011. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. SCHOOLS-CITY EMPLOYEES-ACTS OF ACKNOWLEDGEMENT: Dr. Rita Bishop, School Superintendent, appeared before the Council and expressed appreciation to City crews for their cooperation with the Schools during inclement weather. EMERGENCY SERVICES: Chris Craft appeared before the Council and expressed his concern with regard to the response time of emergency service crews in connection with a recent County bus accident. The matter was referred to the City Manager for investigation and response to the Council. MISCELLANEOUS: Robert Gravely appeared before the Council and expressed his concern with regard to miscellaneous items and quoted biblical scriptures. 330 CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Tuesday, January 18, 2011, was before the body. (See Minutes on tile 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 Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) BUDGET-COUNCIL-PARKS AND RECREATION: A communication from the Mayor regarding a request from the Roanoke Valley Garden Club for an increase in funding in the Horticulture Division through the Parks and Recreation Department, was before the Council. (See communication on tile in the City Clerk's Office.) Council Member Ferris moved that the communication be referred to 2011-2012 Budget Study. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 331 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: A communication from the City Clerk advising of the resignation of Martha P. Franklin as a member of the Per~onnel and Employment Practices Commission, was before the Council. (See communication on tile in the City Clerk's Office.) Council Member Ferris moved that Council accept the resignation and receive and tile the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) TOWING ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Tom Mealey as a member of the Towing Advisory Board, effective immediately, was before the Council. (S.ee communication on tile in the City Clerk's Office.) Council Member Ferris moved that Council accept the resignation and receive and tile the communication. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) ANNUAL REPORT-CITY PLANNING COMMISSION: The 2010 Annual Report of the City Planning Commission was before the Council. (See Annual Report on tile in the City Clerk's Office.) 332 Council Member Ferris moved that the Annual Report be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) ANNUAL REPORT-ARCHITECTURAL REVIEW BOARD: The 2010 Annual Report of the Architectural Review Board was before the Council. (See Annual Report on tile in the City Clerk's Office.) Council Member Ferris moved that the Annual Report be received and filed. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) ANNUAL REPORT ECONOMIC DEVELOPMENT AUTHORITY: The 2010 Annual Report of the Economic Development Authority of the City of Roanoke was before the Council. (See Annual Report on tile in the City Clerk's Office.) Council Member Ferris moved that the Annual Report be received and filed. The . motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) I I I I I I 333 OATHS OF OFFICE-HUMAN SERVICES ADVISORY BOARD: Report of qualitication of Pamela Kestner-Chappelear as a member of the Human Services Advisory Board for a term of four years ending November 30, 2014, was before the Council. (See Oath or Affirmation of Office on tile in the City Clerk's Office.) Council Member Ferris moved that the report of qualitication be received and filed. The motion was seconded by Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BLUE RIDGE HEAL THCARE: Tim, Steller, Executive Director, Blue Ridge Behavioral Healthcare appeared before Council and presented a report on the work of Blue Ridge Behavioral Healthcare. He provided a detailed report showing specitic services provided to Roanoke residents in FY2010, noting that the agency served 3,503 persons with a mental illness, 423 with an intellectual disability (mental retardation), 1,003 with a substance abuse disorder and 2,184 others with services not related to a specitic disability for a total of 7,113 persons. In ylosing, Mr. Steller recognized the Roanoke appointees currently serving on the Board of Directors and the City of Roanoke for its continuing support of the agency. (For full text, see copies of remarks and report on tile in the City Clerk's Office.) Following general comments by several Members of the Council, the Mayor advised that the remarks and report would be received and tiled. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 334 ITEMS RECOMMENDED FOR ACTIONS: BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Rescue Squad Assistance Fund Grant from the Virginia Department of Health, Office of Emergency Medical Services. (For full text, see communication on tile in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39044-020711) A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 559.) Council Member Lea moved the adoption of Resolution No. 39044-020711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-D. (Vice-Mayor Trinkle was absent.) Council Member Lea offered the following budget ordinance: (#39045-020711) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 558.) Council Member Lea moved the adoption of Budget Ordinance No. 39045- 020711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-5. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 335 BUDGET-GRANTS-HUMAN SERVICES-POLICE DEPARTMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the Virginia Sexual and Domestic Violence Victim Fund Grant from the Department of Criminal Justice Services. (For full text, see communication on tile in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39046-020711) A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic Violence Victim Fund (VSDWF) Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. . (For full text of resolution, see Resolution Book No. 74, page 558.) Council Member Rosen moved the adoption of Resolution No. 39046-020711. The motion was seconded by Council Members Lea and Price adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#39047-020711) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 559.) Council Member Rosen moved the adoption of Budget Ordinance No. 39047- 020711. The motion was seconded by Council Members Lea and Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) 336 BUDGET-GRANTS-POLlCE DEPARTMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) Grant from the Department of Criminal Justice Services. (For full text, see communication on tile in the City Clerk's Office.) Council Member Price offered the following resolution: (#39048-020711) A RESOLUTION authorizing acceptance of the V-STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 560.) Council Member Price moved the adoption of Resolution No. 39048-020711. The motion was seconded by Council Members Rosen and Lea adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) Council Member Price offered the following budget ordinance: (#39049-020711) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 561.) Council Member Price moved the adoption of Budget Ordinance No. 39049- 020711. The motion was seconded by Council Members Rosen and Lea adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) I I I I I I 337 GRANTS-HUMAN SERVICES: The City Manager submitted a written communication recommending Acceptance and appropriation of the Western Virginia Workforce Development Board Workforce Investment Act Grant funds for Program Year 2010. (For full text, see communication on tile in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39050-020711) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $721,867.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. (For full text of resolution, see Resolution Book No. 74, page 562.) Council Member Rosen moved the adoption of Resolution No. 39050-020711. The motion was seconded by Council Member Lea. Doloris E. Vest, President, Western Virginia Workforce Development Board, appeared before the Council and explained the functions of the Board, which included its duties such as assistance with job searches, job training, and keeping youth in school. She pointed out that there were approximately 1,000 people currently being served under varies Workforce programs. In conclusion, Ms. Vest encouraged those persons interested in obtaining additional information regarding the program to contact her at 540-767-6149 or visit the Workforce website www.workvanow.com. She mentioned that her office was located in the Higher Education Center at 108 North Jefferson Street, Suite 809. , Following indepth dialogue, Mayor Bowers expressed appreciation to Ms. Vest for sharing information relating to the workforce program. There being no further discussion, Resolution No. 39050-020711 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) 338 Council Member Rosen offered the following budget ordinance: (#39051-020711) AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the FY11 Workforce Investment Act Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 563.) Council Member Rosen moved the adoption of Budget Ordinance No. 39051- 020711. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) I BUSES- YOUTH-SCHOOLS: The City Manager submitted a written communication recommending approval of a revised daily one-way student fare of $.75 to include private school students and all other students attending a properly licensed I school, in grades 6 through 12, within the GRTC service area with a valid school issued student ID bus ride card, effective February 8,2011. (For full text, see communication on tile in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39052-020711) A RESOLUTION approving and establishing a revised daily one way student fare of $0.75 for Roanoke City Public School students, private school students, and all other students attending properly licensed schools within the Greater Roanoke Transit Company, dba Valley Metro (GRTC) service area, grades 6 through 12, with a valid school issued Student ID bus ride card; establishing an effective date; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such revised daily one way student fare. (For full text of resolution, see Resolution Book No. 74, page 565.) I I I I 339 Council Member Lea moved the adopti9n of Resolution No. 39052-020711. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) GRANTS-HOMELAND SECURITY: The City Manger submitted a written communication recommending approval and appropriation of funds in connection with the State Homeland Security Program grant by the U. S. Department of Homeland Security through the Virginia Department of Emergency Management. (For full text, see communication on tile in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39053-020711) A RESOLUTION accepting the 2010 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 566.) Council Member Rosen moved the adoption of Resolution No. 39053-020711. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#39054-020711) AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 567.) 340 Council Member Rosen moved the adoption of Budget Ordinance No. 39054- 020711. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) ART MUSEUM-GRANTS-LEASES-SCHOOLS: The City Manager submitted a written communication recommending execution of a grant agreement between the City of Roanoke and the Art Museum of Western Virginia d/b/a the Taubman Museum of Art to provide educational programming to Roanoke City Schools. (For full text, see communication on tile in the City Clerk's Office.) The City Manager requested that the matter be withdrawn. Without objection by the Council, the Mayor advised that the matter would be withd rawn. COMMENTS BY THE CITY MANAGER: The City Manager reported that in 2010, The Hotel Roanoke & Conference Center improved its occupancy 2.3 percent over 2009 in a recovering market, and that the Hotel's occupancy was 15.9 percent above the local competitors for the year and 17.3 percent above Virginia conference hotel facilities. He also shared that the 2010 Census data had been released and showed the population in the City of Roanoke had increased by 2.2% since 2000 (population 94,911), with a 2010 population tigure of 97,032. . Mayor Bowers inquired about Senator John Warner's plans to visit Roanoke; whereupon, the City Manager indicated that there was a conflict in the Senator's scheduled which will prevent him from making his visit as planned. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the December 2010 Financial Report. (For full text, see Financial Report on file in the City Clerk's Office.) I I I I I I 341 The Director of Finance shared information pertaining to the City's tinancial results for the tirst six months of the tiscal year. Without objection by the Council, the Mayor advised that the Financial Report would be received and tiled. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ARTS-NEIGHBORHOODS-BICYCLES: Council Member, Lea offered the following resolution approving the design of the work of art submitted by Popup Designs and location of its installation in Grandin Village: (#39055-020711) A RESOLUTION approving the design and placement of a bike rack to be installed in Grandin Village. (For full text of resolution, see Resolution Book No. 74, page 568.) Council Member Lea moved the adoption of Resolution No. 39055-020711. The motion was seconded by Council Member Bestpitch. Council Member Price asked the City Manager to elaborate on the project as well as how the funds were generated; whereupon, Mr. Morrill explained that the art design was a functional bike rack, which is part of the Public Art Program, adding that one percent of the capital project funds are set aside for public art. Mr. Morrill added that the project will cost $6,000.00, half of which will come from the Capital Projects account and the remaining portion will be funded through a grant. Council Member Bestpitch inquired as to the source of the grant; whereupon, the City Manager stated that the partnership was with Ride Solutions. Council Member Ferris reiterated that the property owners in the Raleigh Court and Grandin Court area would have an opportunity to comment on the project and if concerns raised are not resolved, City staff will not proceed with the project in said area; whereupon, the City Manager answered in the affirmative. 342 There being no additional questions and/or comments by the Council, Resolution No. 39055-070711 was adopted by the following vote: I AYES: Council Members Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENT BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Price mentioned that she was pleasantly surprised to see the official portrait of Civil Rights Leader Barbara Johns at the Virginia State Capitol Building while attending the Virginia Municipal League Legislative Day on Thursday, February 3 in Richmond. She pointed out that Ms. Johns, who has ties to Roanoke, helped organize a civil rights protest in Farmville, Virginia, which event became part of the story regarding the civil rights movement and is referenced in the Brown v. Board of Education, a landmark legal decision. Council Member Bestpitch commented on the acknowledgements of two Roanoke citizens who were recently selected to be included in Women in History: Pearl Fu and Lucy Addison, adding that he enjoyed the Chinese New Year event at the Taubman Museum of Art that was held on Saturday, February 4, and that the City owes a great deal of gratitude to Pearl Fu for her promotion of diversity. I Council Member Ferris reported that the bill allowing Virginia schools to start early passed in the Virginia House of Representatives, noting that it is important for Roanoke to have the choice to give its students an equal start. He encouraged citizens to support the bill. Mayor Bowers reported that Senator John S. Edwards has indicated his support for a bus connector for Amtrak service in Lynchburg from Roanoke, and that the City of Roanoke had been awarded a grant of $150,000.00 from the Department of Rail and Transportation for the project, which funding would lessen the match amount required by the City. In conclusion, the Mayor encouraged citizens to use the Amtrak when traveling from Lynchburg to Washington, D. C., and asked that the City Manager provide the Council with progress reports. At 4:07 p.m., the Mayor declared the Council Meeting in recess for continuation I of a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. I I I 343 At 5:00 p.m., the Council meeting was reconvened in the Council Chamber, 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 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 identitied 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 Lea, Price, Rosen, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-BOARD OF ZONING APPEALS: The Mayor called attention to a vacancy on the Board of Zoning Appeals created by the expiration of the three year term of office of Kermit Hale on December 31, 2010; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Terry Cundiff. There being no further nominations, Mr. Cundiff was appointed as a member of the Board of Zoning Appeals for a term ending December 31, 2014, by the following vote: FOR MR. CUNDIFF: Council Members Lea, Price, Rosen, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-COMMITTEES-LOCAL OFFICE ON AGING ADVISORY BOARD: The Mayor called attention to the expiration of the term of office of Beth Christopoulous as the City's representative on the Local Office on Aging Advisory Board ending February 28, 2011, whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Beth Christopulous. \ . \ 344 There being no further nominations, Ms. Christopulous was. reappointed as the City's representative on the Local Office on Aging Advisory Board for a term ending February 28,2012, by the following vote: FOR MS. CHRISTOPULOUS: Council Members Lea, Price, Rosen, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to a vacancy on the Towing Advisory Board created by the resignation of Police Officer Tom Mealey ending October 31,2012, inasmuch as Officer Mealey no longer resides in the State of Virginia; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Police Officer Darryl Miley. There being no further nominations, Officer Miley was appointed as a member of the Towing Advisory Board to till the unexpired term of Tom Mealey ending October 31, 2012, by the following vote: FOR MR. MILEY: Council Members Lea, Price, Rosen, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Vice-Mayor Trinkle was absent.) There being no further business, the Mayor declared the Council meeting adjourned at 5:02 p.m. APPROVED ATTEST: ~.~~~ City Clerk ~.cJIC'D..,..u_ "" ~~. -- -- David A. Bowers Mayor I I I I I I 345 ROANOKE CITY COUNCIL-REGULAR SESSION February 22,2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 22, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Anita J. Price Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, and Mayor David A. Bowers-6. ABSENT: Council Member Sherman P. Lea-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 The Reverend Dwight O. Steele, Sr., Pastor, Pilgrim Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. ANNOUNCEMENTS: SCHOOLS: The Mayor called attention to the City Clerk's Office accepting applications for two upcoming vacancies on the Roanoke City School Board for three- year terms of office, commencing July 1, 2011 and ending June 30, 2014. Information pertaining to the School Board process and application for appointment were available on the City's website and in the City Clerk's Office, with a deadline for receipt of applications being Thursday, March 10,2011. 346 PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SPECIAL EVENTS: In connection with the 2011 Women in Virginia History as presented by the Library of Virginia, on behalf of the Roanoke City Council and citizens of the City of Roanoke, Mayor Bowers recognized two of the honorees who have been trailblazers in the City of Roanoke's history: the late Lucy Addison, who was nominated by Jenny Woodall-Gainey's 2009 - 2010 Sixth Grade Class of Lucy Addison Middle School; and Pear Fu, a civic leader and former Citizen of the Year recipient, in celebration of ethnic and culture diversity of the Roanoke area, and he presented Ms. Fu with a City gift basket. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. APPALACHIAN POWER COMPANY-COMPLAINTS-EASEMENTS: Prior to receiving citizen comments regarding Appalachian Power Company (APCO) work in the Jefferson Hills neighborhood, the Mayor called upon the City Manager for comments. The City Manager pointed out that the City became aware of the neighborhood concerns with regard to the project on February 15, and stated that after City staff researched the issue, APCO was asked to host an information session with the Jefferson Hills neighborhood. He noted that the Director of Public Works attended the Open House Forum which was held on Thursday, February 17 at the Virginia Western Community College's Natural Science Center, and that APCO had several displays, a slide show, and handouts on the project. Mr. Morrill further stated that APCO attempted to summarize the purpose and benefits of the project, as well as address incorrect information that had been shared among the residents that focused on alternative routes, underground lines, which APCO responded were not practical due to cost and impacts, property value impact, communication with residents, project schedule, loss/replacement of 100 trees to be removed, with at least 60 replaced, and health impact of voltage lines. In conclusion, Mr. Morrill indicated that the City would continue to monitor the project and help the neighborhood where it could. (See copies of emails from the City Manager dated February 15 and February 18, 2011 on tile in the City Clerk's Office.) I I I I I I 347 Burchill Sweeney, Johnnie Lindahl, and Tripp Godsey appeared before the Council to share their concerns regarding APCO proposed project to add power lines in the Jefferson Hills neighborhood. They emphasized that the project would require the removal of more than 100 trees and stressed that the project would impact real estate values in the neighborhood. In closing, City Council was asked to support an alternate plan for adding the power lines in the neighborhood. (See copies of written comments from the speakers.) Council Member Rosen asked that the City's engineering staff contact APCO to discuss a possible alternative solution. Mayor Bowers asked if a permit was needed to cut down trees; whereupon, the City Manager said the City's arborist would work as a consultant with APCO regarding tree removal. Vice-Mayor Trinkle suggested that a second public hearing be held by APCO to review alternatives and to receive additional citizen input; and asked the City Attorney whether the City had any authority regarding the matter; whereupon, Mr. Hackworth replied that he was not aware of any authority that the City had to regulate public utilities any further than it does, such as requiring electrical distribution lines to be underground, instead the State Corporation Commission regulates said matters. In addition, he emphasized that Virginia was a Dillon Rule state and localities have limited powers that is authorized by the Commonwealth; and he has found nothing in the Code of Virginia that authorizes localities to require that electric distribution lines be underground. He suggested that APCO officials be contacted to make sure they had been presented with all options and also offered to contact APCO on behalf of the City. Following discussion, Mayor Bowers referred the matter to the City Manager and the City Attorney for review and report back to the Council and the Jefferson Hill residents. (See response from the City Attorney via email dated February 23, 2011 on file in the City Clerk's Office.) MISCELLANEOUS: Robert Gravely appeared before the Council and quoted biblical scriptures. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to one request for Closed Meeting. 348 CITY COUNCIL: A communication from Council Member Anita J. Price, Chair, I City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on tile in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request as above described. 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, and Mayor Bowers-6. NAYS: None-O. (Council Member Lea was absent.) CITY-OWNED PROPERTY-SALE/PURCHASE OF PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 7, 2011, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property located in Botetourt County, I adjacent to the Coyner Springs Community Cemetery, to Ned B. Jeter, II, and Darrell B. Jeter, was before the body. (See communication on tile in the City Clerk's Office.) Council Member Rosen moved that Council concur in the request as above described. 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, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) LEASES-CITY PROPERTY: A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 7, 2011, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the lease renewal for approximately 7.41 acres of land located in Botetourt County to Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, was before the body. (See communication on file in the City Clerk's Office.) I I I I 349 Council Member Rosen moved that Council concur in the request as above described~ The motion was seconded by Council Member Price and Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) OATHS OF OFFICE-BOARD OF ZONING APPEALS AND TOWING ADVISORY BOARD: Reports of qualitication of Terry W. Cundiff as a member of the Board of Zoning Appeals for a four-year term of office commencing January 1, 2011 and ending December 31,2014; and Darryl Miley as a member of the Towing Advisory Board to till the unexpired term of Thomas Mealey ending October 31, 2012, were before the Council. (See Oaths or Affirmations of Office on tile 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ART-CITY MARKET: Susan Jennings, Public Art Coordinator, highlighted the following regarding public art in the City Market Building: 350 . Background Scop.e of Proj~ct !\pproved by City Council · The goal oHhe' Public Art plan is to develop a wide range of projects of various types at diverse locations throughout the city. · The second round of AIR: Art in Roanoke. was installed in. 201 0 and will remain iri place .u"ntil March 2012. Several neighborhoods are included in this exhibition. " .' . · The ArtsCommission recommended in its 2011 work plan which was approved bY' City Council concentrating onone signature project as partofthe renovation ofthe MarKet Building. · Enhancem~nt of the BiJilding's Four Entranceways I Budget · Total of $85,000 to include $2,000 honorarium to .each finalist · $65,000 from Market Renovation Budget and $20,000 from Percent for Art Budget . · Final Artist Contract - Up to $75,000 Process I · City of Roanoke received 34 responses to Request for Qualifications · Citizen Panel narrowed these down to three finalists Cheryl Foster -Temple Hills MD Wayne Healy - Los Angeles Pat Ward Williams - Tallahassee · The finalists came for interviews on Feb. 7, 2011 · The Citizen Pan~1 tecommend~d Cheryl Foster · The Roanoke Arts Commission unanimously approved their recommendation I I Selection 'p.anel .Ch.arlie,Anderson-Architect, City of Roanok~ "" Phil Qavis - Hotel Roanokeal1d M'arket Building Fou ndation .... . . . " . . .. · Nicole Hall -'Architectan.d DRllnc. Board Memb. er . . - .. '. Do'ug J~tk~qn - Art~. Cbmri1issipl1 Memper, VA Q~pt of HoUsinganq Community . Development · Talia Logan - Arts Commission Member, Artist and Olin Hall ~alteries . . · Janet schiosser-Owner, Metro Restaurant · I:xOtticio from City of Roanoke · $~~acnJehnings, Arts. anq CultureCoordiriat6r · Sharon Lewis, Manager Purchasing Division I About the Artist · Ms: Fo?ter SpeGializes tn gl~ss rnOSalics ~nd h~s completed public art projects in Maryland, Florida, Washington, D. C. J and North Carolina. · The Market B'uilding Project woule:t be con~ttucted of porcelain tile m'osaics · She proposed four themed entrances depicting typicalactjvities originally taking place in the . market in the I,ate 1800s · Her ability and interest in interacting with the community cOntribUted to the decision I 351 352 lama publicartist.and I love who 1 am. Each'project.offersa differentset6f ehallenges unique to its physical I<lcation;the dreamsofthe clients and the chosen theme. The materials selected are shaped by these parameters.. With mosaics, ~rightlycolored tile and sparkling gla'5s invite touch and stimu!ate i,nteresl. I I I ! ' I Other Wbrksby Cheryl Foster I I 353 354 Market Building Proposal I I I I I I 355 II (See copy of presentation on tile in the City Clerk's Office.) 356 Vice-Mayor Trinkle offered the following resolution: (#39056-022211) A RESOLUTION approving the design and placement of four porcelain tile mosaics, with one such mosaic to be installed in the walkway adjacent to each of the four building entranceways of the renovated City Market Building. (For full text of resolution, see Resolution Book No. 74, page 569.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39056-022211. The motion was seconded by Council Member Bestpitch. Indepth discussion about the durability of the art, and suggestions regarding the design of the porcelain tile mosaics, such as additional music and musicians since Roanoke is becoming a music city, all parts of the City in order to represent the richness of the area and its uniqueness as a community, as well as an Iris; and to encourage efforts to tind local artists for public art projects. Following comments by the Council Members, Resolution No. 39056-022211 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.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with an Impaired Driving Grant from the Virginia Department of Motor Vehicles (DMV). (For full text, see communication on tile in the City Clerk's Office.) I I I I I I 357 Council Member Rosen offered the following resolution: (#39057-022211) A RESOLUTION accepting an Impaired Driving Grant to the City from the Blue Ridge Transportation Safety Board, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 569.) Council Member Rosen moved the adoption of Resolution No. 39057-022211. 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. NA Y$: None-O. (Council Member Lea was absent.) Council Member Rosen offered the following budget ordinance: (#39058-022211) AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a regional Driving Under the Influence (DUI) safety grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 570.) Council Member Rosen moved the adoption of Budget Ordinance No. 39058- 022211. 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. (Council Member Lea was absent.) BUDGET-GRANTS-HOUSING-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the renewal of the Homeless Assistance Team Grant from the Department of Housing and Urban Development. (For full text, see communication on tile in the City Clerk's Office.) 358 Vice-Mayor Trinkle offered the following resolution: (#39059-022211) A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 571.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39059-022211. The motion was seconded by Council Member Rosen 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.) Vice-Mayor Trinkle offered the following budget ordinance: (#39060-022211) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispeRsing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 572.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39060-022211. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) ARTS-TAUBMAN MUSEUM: The City Manager submitted a written communication recommending acceptance of art work from the Taubman Museum of Art. (For full text, see communication on tile in the City Clerk's Office.) I I I I I I 359 Vice-Mayor Trinkle offered the following resolution: (#39061-022211) A RESOLUTION accepting and expressing appreciation for the donation of a piece of art from the Taubman Museum of Art for the Public Art Collection. (For full text of resolution, see Resolution Book No. 74, page 573.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39061-022211. The motion was seconded by Council Members Price and Rosen. Susan Jennings, Public Art Coordinator, stated that the 24 by 8 foot mural would be installed on the wall in the pre-function area immediately outside of the Special Events Center at the Roanoke Civic Center. David Mickenberg, Executive Director, Taubman Museum of Art, appeared before the Council to express appreciation to Susan Jennings, Public Art Coordinator. It was noted that 15 students were selected from four area high schools - North Cross, Cave Spring, Lord Botetourt, and Patrick Henry - based on their demonstrated artistic talents. There being no additional comments, Resolution No. 39061-022211 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) BUDGET-TAUBMAN MUSEUM-SCHOOLS: The City Manager submitted a written communication recommending execution of a Memorandum of Agreement among the City of Roanoke and the Art Museum of Western Virginia d/b/a Taubman Museum of Art for educational services to the Roanoke City Public Schools. (For full text, see communication on tile in the City Clerk's Office.) Council Member Price offered the following ordinance: (#39062-022211) AN ORDINANCE authorizing the City Manager to enter into a Grant Agreement between the City of R.oanoke and the Art Museum of Western Virginia d/b/a Taubman Museum of Art to provide educational programming to the Roanoke City Schools, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 574.) 360 Council Member Price moved the adoption of Ordinance No. 39062-022211. The I motion was seconded by Council Member Rosen. Council Member Bestpitch asked for clarification regarding the criteria for participation in Roanoke City Public Schools' 5x5x5 program; whereupon, Dr. Rita Bishop, Superintendent of Roanoke City Public Schools, responded that the 5x5x5 program was Five Careers in Five Days for 5th Graders was developed in 2008 as a means of promoting alternative pathways to success in school, adding that the Schools anticipate 200 - 250 students will participate in the program, which would be expanded from a week-long free summer program to seven days, with an additional two to three days held at the Museum to explore multiple career options available through the arts. She added that the program is open to any tifth-grade student who wishes to participate. Dr. Bishop mentioned that currently all high school and middle school students possess student identitications and that the Executive Director was collaborating with the schools to implement an identitication database for all elementary school students in order for all students to have free admission to the Museum, which could potentially benefit approximately 12,000 students at a value of over $66,562.50. Council Member Rosen commented on the excellence of the pilot program which demonstrates the possibility of having partnerships with the community to provide education to Roanoke City Public Schools students. I Council Member Price asked that the Schools reach out to the disadvantaged students and she too was delighted about the partnership between the Taubman Museum and Roanoke City Schools. She also suggested that efforts be made to ensure that all sections of the City were aware of the educational programming and services to the Roanoke City Public Schools. There being no additional comments, Ordinance No. 39062-022211 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) I I I I 361 Council Member Price offered the following budget ordinance: (#39063-022211) AN ORDINANCE to transfer funding from the General Fund Contingency account to the Taubman Art Museum account to provide education programming and services to Roanoke City Public Schools, amending and reordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 575.) Council Member Price moved the adoption of Budget Ordinance No. 39063- 022211. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) BUDGET-ECONOMIC DEVELOPMENT-HUMAN SERVICES: The City Manager submitted a written communication recommending approval and execution of a Performance Agreement among United HealthCare Services, Inc. (UHS), the Economic Development Authority of the City of Roanoke and the City of Roanoke to maintain and expand operations in the City. (For full text, see communication on tile in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39064-022211) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia (EDA), and United HealthCare Services, Inc., (UHS), that provides for certain undertakings by the parties in connection with the maintenance and creation of certain jobs by UHS within the City of Roanoke; to provide for the appropriation of up to $62,500.00 by the City to the EDA for grants to UHS for the purpose of economic development, as further set forth below; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 576.) Council Member Rosen moved the adoption of Ordinance No. 39064-022211. The motion was seconded by Vice-Mayor Trinkle. 362 The City Manager pointed out that this was an opportunity for the Roanoke I Company to expand job opportunities for City residents and to invest approximately $7 million in equipment and other improvements at its Thirlane Road location which would create up to 125 new, permanent, full-time jobs for the region. There being no questions and/or comments by the Council Members, Ordinance No. 39064-022211 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-D. (Council Member Lea was absent.) Council Member Rosen offered the following budget ordinance: (#39065-022211) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the United HealthCare Services project, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 577.) I Council Member Rosen moved the adoption of Budget Ordinance No. 39065- 022211. 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-D. (Council Member Lea was absent.) COMMENTS BY CITY MANAGER: The City Manager announced that the Roanoke Valley was one of the highest giving communities in the Commonwealth for the United Way, as indicated by the fact that the 2010 LIVE United Campaign passed the $6 million mark. He recognized members of the City's 2010 United Way Team and reported that as an organization, the City's participation rate in 2010 was 35%, an increase over the 27% rate in 2009; adding that the City met its goal of $75,000.00 for 2010. I I I I 363 Furthermore, Mr. Morrill shared that on February 17, the United Way of Roanoke Valley held its 2010 Red Carpet Campaign Awards Luncheon at The Hotel Roanoke & Conference Center, and the "City of Roanoke Employees" were recognized for the United Way Campaign Chair Award and the Participation Award. He pointed out that the City employees remain committed to giving to United Way even though they have not received pay raises and their work loads have increased. In addition, the City Manager addressed comments made by Chris Craft at the February 7 City Council meeting claiming it took the City 20 minutes to respond to a Roanoke County School bus accident that occurred in the City limits. He pointed out that Mr. Craft was the fourth person to call to report the accident, after Police and Fire were dispatched. (For full text, see copy of email dated February 8, 2011 from the City Manager .in response to inquiry from Chris Craft.) REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for the 2010-11 Project Graduation Academic Year Academy grant; 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.) Vice-Mayor Trinkle offered the following budget ordinance: (#39066-022211 )AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 578.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39066-022211. 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.) 364 UNFINISHED BUSINESS: NONE. I INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Mayor Bowers called attention to the tinancial problems facing public television and encouraged the public to support the City's local public broadcasting television station, especially during its March fund-raising effort. At 4:05 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, I Raphael E. Ferris, Sherman P. Lea, and Mayor David A. Bowers-6. ABSENT: Council Member William D. Bestpitch-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 Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Eagle Scout Troop 17 St. John's Episcopal Church, Boy Scout Troop 210 South Roanoke United Methodist Church, and Boy Scout Troop 8 Raleigh Court United Methodist Church. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-POLICE: The Mayor recognized participants of the Citizens Police Academy earlier in his office and presented each with a City lapel pin. I I I I 365 ACTS OF ACKNOWLEDGMENT: The Mayor recognized Boy Scout Troops 210 and 8 and presented each with City lapel pins. ACTS OF ACKNOWLEDGMENT: The Mayor recognized three members of Eagle Scout Troop 17 sponsored by St. John's Episcopal Church for achieving the Scout's highest advancement honor and presented them with Honorary Certiticates and City lapel pins. ACTS OF ACKNOWLEDGMENT-SPORTS: The Mayor recognized tive boxers of the Virginia Gator Boxing Club on winning the State Championship in Hampton, Virginia, and presented them with Honorary Certiticates and City lapel pins. ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor recognized Christopher Brown, Senior, William Fleming High School, on receiving a perfect SAT Score in Reading and presented him with an Honorary Certiticate, a City lapel pin and City gift. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 22, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Charles and Noralu Michael and Fairway Roanoke, LLC, to rezone the following parcels to CG, Commercial General District, for uses permitted in the CG, Commercial General District, subject to certain proffered conditions: (1) a 0.315 acre parcel at the intersection of Rutgers Avenue and Hershberger Road, N. W., 1315 Hershberger Road, bearing Official Tax No. 6660106, currently zoned MX, Mixed Density District; (2) a 0.71 acre portion of property bearing Official Tax No. 6660105, located adjacent to Rutgers Avenue, N. \N., and Hershberger Road, N..W., and adjacent to Official Tax No. 6660106, and currently zoned CLS, Commercial Large Site District; (3) a 0.675 acre southern portion of property bearing Official Tax No. 6660105 and fronting 1419 Hershberger Road, N. W., adjacent to Official Tax No. 6660124, and currently zoned CLS, Commercial Large Site District; and (4) a 1.432 acre northern portion of property bearing Official Tax No. 6660103, located at 5002 Airport Road, N. W., and currently zoned CLS, Commercial Large Site District, the matter was before the body. Legal advertisement of the public hearing was pUblished in The Roanoke Times on Wednesday, February 9,2011, and Wednesday, February 16, 2011. (See publisher's affidavit on tile in the City Clerk's Office.) 366 The Planning Commission submitted a written report recommending approval of I the request, tinding the application to rezone portions of Official Tax Map Numbers 6660103, 6660105, and 6660106 to be consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Williamson Road Area Plan, and noting that the rezoning will allow the underused property to be redeveloped in the future. (For full text, see report on tile in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39067-022211) 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 properties 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. 74, page 579.) Council Member Rosen moved the adoption of Ordinance No. 39067-022211. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present wishing to speak on the matter; I there being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39067-022211 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. At 7:37 p.m., the Mayor declared the Council Meeting in recess for continuation of Closed Meeting in the Council's Conference Room. At 8:21 p.m., the Council meeting was reconvened in the Council Chamber, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Trinkle and Council Member Bestpitch. I 367 I COUNCIL: With respect to the Closed Meeting just concluded Council Member Rosen moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 MemberPrice and adopted by the following vote: AYES: Council Members Price, Rosen, Ferris, Lea, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch was absent.) (Vice-Mayor Trinkle left following the Closed Meeting. ) There being no further business to come before the Council, the Mayor declared the meeting adjourned at 8:23 p.m. APPROVED ATTEST: I ~m."'tcw Stephanie M. Moon, MMC City Clerk ~ David A. Bowers Mayor I 368 ROANOKE CITY COUNCIL-REGULAR SESSION March 7, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, March 7, 2011, at 9:00 a.m., in the Emergency Operations Center Conference Room, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, 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 Lea moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Bestpitch and adopted by the following vote: A YES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-O. COUNCIL: A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) I I I I I I 369 Council Member Price moved that Council concur in the request 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 Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, 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. BRIEFINGS: Solicitation Ordinance Proposal R. Brian Townsend, Assistant City Manager for Community Development, provided background information pertaining to the proposed ordinance, noting that the measure was listed on the Council's 2:00 p.m. docket for adoption. He emphasized that the amendment to the City Code was an attempt to address a growing number of complaints, primarily in the downtown area, along with what appeared to be an increase in occurrences of aggressive solicitation and rising concerns about perceptions of such activity on downtown businesses. Consequently, City staff met with local merchants, reviewed the City's current regulations, researched regulations in other cities, and met with social service providers. Mr. Townsend pointed out that recent contacts and discussions with business owners and community stakeholders have identified circumstances where such solicitation has had adverse impacts on the conduct of commerce and the operation of certain business activities which are not currently addressed by the City Code, specifically outdoor dining facilities and locations where the public waits in line to gain admission to a place or waiting to purchase an admission ticket. In conclusion, he emphasized that the proposed ordinance was not intended to focus on the homeless population, and furthermore, City staff met with representative from TAP, the Rescue Mission, RAH House and Presbyterian Community Center to discuss the proposed amendments to the regulations and hear any suggestions for addressing the growing incidence of aggressive solicitation, which feedback was favorable. 370 In response to a question raised by Council Member Price regarding I consequences should a violation occur, Christopher Perkins, Chief of Police, explained that aggressive solicitation relating to aggressively requesting money or things of monetary value, is a Class 2 Misdemeanor and the violation calls for a fine up to $1,500.00 or six months jail time, adding that the offense must occur in the presence of a law enforcement officer or a warrant issued on behalf of a complainant. Following a lengthy discussion regarding donation boxes being made available by various organizations in the Market area, signage in general, first amendment violations, Mr. Townsend stated that he would continue to look at other methods. In conclusion, Mayor Bowers suggested that the Administration meet with the judges which meeting might offer other opportunities for resolution regarding the situation. Fire Service Report Calendar Year 2010 Fire Chief David Hoback shared data in connection with the Calendar Year 2010 Fire Service Report, and highlighted the following regarding the Roanoke Fire-EMS Performance Review: 1:?,;;,~~~v~,;,gp:i:~IIIIIIiIlI:i:~;Z~j,!:;;fdil:~. '~~" ~ ..':;.,', "...~.,.,~.~ . '~0" '.' ; ."....' ."4;.41:_.,,; 1'i'.;,,~ 7~ I Demand For Service 2007 2008 18,407 18,558 5 528 5 819 I_ Fire III EMS I 2009 18 752 5203 2010 19 129 5256 -7% 9 % - I I Department's Performance Standards o Fires - 4 minutes or less 90 % of the time .. Average 3.07 Minutes o ALS - 8 minutes or less 90% of the time .. Average 4.50 Minutes o BLS - 12 minutes or less 90% of the time .. Average 5.51 Minutes I Four (4) Minute Coverage Area I ~'r;, OF .ROANO~E .-3,.., - I : t.5 Mite Rnponse En;I"_:1 k'- ~1 CouItt7 1">,....,...-; Engine"", 1""E...p.eIO;E.nglnl: i~~ll EngiQl!6: I: =91.13 0 Uddtr7: I. EllQiM" - Er>Qlneej lQ-,~~_ ____. 371 372 I Working Fires 95 90 1 85 80 75 70 2005 2007 2006 2008 2009 2010 1-- Working Fires I Change 10 % . - Structure Fires Response Time Performance I 95% 90% 85% 80% 75% 70% 2005 9.120 2006 2007 2008 2009 2010 1-- Fire Response TIme Performance I I I Factors Impacting 2010 Performance Standards o Performance Standards not met on 19 responses: . 3 - Bad addressing from caller . 2 - Weather delays - Snow . 6 - Second due engine response o Still arrived within 5 minutes . 3 - Run distance . 5 - Reaction or bad scene times I Structure Fires Confined Fire to Floor of Origin 80% 70% . 0 60% 2005 2006 2007 2008 2009 2010 1-- % of Fires Confined to Floor of Origin I I 373 374 I Arson History 50 45 40 35 30 25 20 15 2005 2006 2007 44 I-+- Arson Fires I 57 % Increase 2008 2009 2010 Fire Causes for 2010 I .,,' -, " ~ / 23 % Clearance Rate on Arson Fires Undetermined 15% Accidential 47% I I 11t~1~~\~!1 Annual Fire Loss History $12,000,000 Pet Smart/South Roanoke Fires $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 ...., < , 2005 2006 2008 2007 2009 2010 I'" ,;"'~:;.~ }<<<;/0;" ~i& ~_;. I ~:;;:~i_'i,j,;'i::; .'~; , '~ ,[;;u,~;"~';;;""d,,,, "., .. ...AHJP$.'Zjh\Zt,t,.>.,..;j. ';'>,', ,.:;"~~:f!1:: ,~;'fi"'! :::~ Fire Loss History 2010 $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 I $3,626,071 Pre-Incident Value Property Loss 375 376 " Advanced Life Support Response Time Performance I 96.00% 95.50% 95.00% 94.50% 94.00% 2005 2006 2007 2008 2009 2010 1--- ALS Response Time Performance I . 99.00% 98.50% 98.00% I 2005 2006 2007 2008 2009 2010 1--- BLS Response Time Perfonnance I I I I I 377 Questions F acebook. com Twitter. com Roanokeva.gov /FireEMS (See copy of presentation on file in the City Clerk's Office.) Council Member Bestpitch pointed out that the goal of the Fire-EMS Department was to have a reaction time of four minutes, 90 percent of the time for structure fires, but notice the department was actually meeting its performance 79 percent of time; and asked what was being done to achieve its 90 percent goal; whereupon, Chief Hoback advised that a new system would be launched in August that would hopefully simplify and streamline the process. In response to an inquiry as to how routine transport calls are handled, Chief Hoback stated that the City using a private billing system for transportation services; and is in partnership with Carilion for private ambulance services. He further stated that the department offers training classes to nursing homes regarding non-emergency nursing home transports. Following additional questions and comments by the Council, the briefing was received and filed. Arts and Cultural Plan Status Tom Carr, Director of Planning and Building Development and Susan Jennings, Public Art Coordinator, gave the following overview on the status of the Arts and Cultural Plan: 378 Where We Are Today ,- ---, 'n _, nnm ,..-mnmn n m m ,m_m, 0 _n 'n n __ __ __,_,_, m'nmn__m'mn_ I o Vision: We envision.a vibrant and prosperous community where innovation ,in arts and culture engages people in all aspects of life while, contributing to sustained eco~omic growth and . development. - o Values: Advo~acy, Celebration, Collaboration, Education, Innovation, Inclusion Where We Are Today mnO I o Completed research Survey Community meeqngs Review of other plans Art and cultural best practices o Three focus areas Livable Communities and Neighborhoods Economic Development - Vibrant Region , PeoplejEducationjLifelongLearnip.g o Drafting_~olicies I I What We Have Learned: Survey uuuuu_',_u,_u___,uu'_"'_,_,_,_m"u,mm,'U,Un,_._,,_.m,n"U_.u,_,mu_u, 0 ., . "Arts and culture are importanCto all groups in the community , 94% say arts and culture is important , 89% say that city financial support is important Howbl~ blttu....~"'fIl............aI'l....I.......~Q.Roroa.....? .l'l"i~........ ~''''''''-!"'''''''- ...,.,..,,~ ..~....,.I.....,.,.", "Residents and visitors associate Roanoke strongly with a wide array of cultural attractions: historic downtown, festivals, museums and environmental amenities I What We Have Learned: Survey o " Organizations are interested in collaboration: joint ticketing, calendars, promotions and events coordination WWdI................~..::t:.~.......eN-ellflwIol3....MIoet'''.. ODD -. 0 .('~~~ .J......~~ .Sba..,J..............s ilU,~~&lllI~Jll-.ill; .C~~.t:li1iliH .-- \'--",,",~...~-........- DM--.q_ l/.Ynlll~ I 379 380 What We Have Learned: Meetings nn.. nnnm...m.mnm ,.... nnm..mmm. 0 .mn I , , , , · Create stronger-lillks to area .colleges and universities · Broaden offeringsby.taldng a r~gional approach · lnterest in strategies to attract more artists, provide low cost yenues, and for 'quirky non-institutional arts and cUlture' , · Engage artists in community and neighborhood planning · Concern that arts' and cultural activities are not inchisive of all members of the community What We Have Learned: Meetings 0. I · Support for collaboration on marketing, ticketing, promotions, , community calendar · Support for collaboration in programming and administration . Support for continued local government funding · Survival of the fittest I I What We Have Learned: Research w. ..n_..nnn_m__m_ __m____m 0 ' oArtists, public art and arts and cultural activities can enhance neighborhoods o Arts and cultural activities can engage youth from all backgrounds and enhance school performance o Availability of strong arts and cultural offerings a component of overall economic attraction strategies o Arts have a positive ripple effect o Effort to coordinate must be centrally organized I Ideas That Are Being Considered , , U , _Ummm.wmWnwmw.. mm 0---.-.- w o Stronger li~ks to area colleges and universities After school programs Downtown arts college o Promote and strengthen collaboration Coordination of calendars, fund raising, marketing, ticketing, promotions and events Better dissemination of information about activities An office to manage coordination, implementation , 0 E;ncourage Lively public art Art and cultural programs that enhance neighborhoods Diverse attendance and participation More artists I 381 382 Next Steps num _mmm 0 n '.,nmmm I · RA, C'will~..~'nh~':8ndprioritize po'licies:basedon>(eedbac}{ '. .:..:............... ,,'>',"., ,',', -:, .. ".":, -.:' ..:. ,_: -<" :'.,- . ,....,', ',:",>>:./ ',. .' .'-, 'c-":" . _..:: '......';.. :,' :.: .',../..."" .....: :', .: " .... "',"', .<(.J>.......':..... .......>.:.\j,:,\.<.: ,.." '..: . ....... " '. ...-'. -, .., . ". . . -"",,,,,,,,,,,.. '. ,- . '.. ,.. : " . ,...,,' ", . ',' -:...: _'>_:/":,_:';..,",.:,':'m;:,....:...... ',' ,,-,- .,>......... . . ......:... :0,' ,':.:,' '. ::. .....: . '. ...........':_'...),.:.';.:... ,",L,.,:-:.t-Ji':',',:i" . · RAC~!.l,4evelop actions and draft the plim (April) . . . ' '" ...... ....\,:>.:,::,",.i.<t-::',Y.,,-::. . .,' . ",: ," .' . ....... . " :,,:<:::~:: . , · AdditionaI"community meetings (Marchi April) . . · RAe win adjust recommendations based on feedback and . draft the plifu;(May) , , . ~ Present.plan for ad(,ption (JUne) (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Trinkle inquired about strategies to be incorporated into the policies; I whereupon, Ms. Jennings advised that a meeting was held with the stakeholders and a meeting will be held to receive public input, and thereafter, data will be compared and incorporated. He also commented on the neighborhood component, but raised questions regarding the music component. In response to the inquiry, Ms. Jennings responded that the plan was to define the arts broader. Mayor Bowers commented that broadcasting agencies such as public radio and public television should also be defined in the plan, which things are important to the community. At this point, Mayor Bowers left the meeting (10:25 a.m.) Council Member Ferris inquired as to how the survey was compiled; whereupon, Mr. Carr advised that the survey was distributed through the City's website, City libraries, newspaper outlets, adding that approximately 1,217 persons took the survey, with 600 being residents of the City. Additional comments from Council Member Price encouraging representation from all quadrants of the City, as well as ways to increase public awareness regarding public art and culture in the City. I I I I Roanoke River Greenway Update 383 Steve Buschor, Director of Parks and Recreation, gave an update on the Roanoke River Greenway and highlighted the following information: 384 I I I I I I 385 386 I I I I I I 387 388 I I I I I I 389 390 I (See copy of presentation on file in the City Clerk's Office.) At this point, Mayor Bowers entered the meeting (10:52 a.m.) I Strategy & Next Steps .Private Fundraising .Continued City Support .Annual Greenway Funding .In-Kind Donations/Services .State and Federal Sources .Transportation Enhancement Funds -Open Container Funds -Various Grant Programs I I I I 391 Vice-Mayor Trinkle commended the staff for their work on the greenways and asked if a bridge was still needed on Lick Run Greenway; whereupon, the Assistant to the City Manager for Community Development responded that a bridge was no longer necessary. The Vice-Mayor inquired if all open container funds were allotted for greenways; whereupon, Ms. Belcher explained that the open container funds were a gift from the Virginia Department of Transportation and she was unsure how the funds were acquired. Council Member Rosen asked about in-kind donations and why that option was not of high priority to pursue; whereupon, Ms. Belcher replied that is sometimes difficult to use the in-kind donation and stay within the procurement guidelines for the City. Council Member Bestpitch inquired if the $16.6 million funding to date included the in-kind donations; whereupon, the response was funding did not included in-kind donations. Following additional comments, the presentation was received and filed. Budqet - Financial Planninq FY12 Amelia Merchant, Director of Management and Budget, and John Bingham, Assistant Director of Finance, highlighted the following information regarding the FY 2012 Budget Development: 392 Budgeting for Outcomes Process Steps Undertaken · Priorities developed by City Council · Priority Statements, Strategy Maps · Requests for Results Document · Offer Development and Submission (No Target Budget) · First round of reviews, scoring r Steps Underway · Offer revision · Second round of reviews, scoring and ranking First Round of Scoring · Offers evaluated on merits only · Purchasing strategies · Ignores mandates · Ignores revenue · Feedback provided to Offerer · Opportunity to further collaborate, include efficiencies, revise offers I 3 I 4 I I Second Round of Scoring and Ranking · Offers evaluated on merits · Purchasing strategies · Considers mandates · Considers revenue I Price of Government Revenue Estimate by Major Category Fiscal Year 2012 Real Estate Tax I ntergovern mental Sales Personal Property Business License Prepared Food Charges for Services Other Local Taxes Other Total (in millions) $ 79.6 69.1 18.4 16.6 12.0 16.1 9.5 31.9 3,2 $ 256.4 Other Local T.... 12% Prepared Food 0% Real Estate 32% Intergovernmental category increased by $3.2M. Improved Social Services of $2,8M and HB599 funding of $384k are expected in FY12. These are state reimbursements for expenditures. I 6 393 5 394 Price of Government Allocation to Priorities · Began with Adopted FY 2011 budget- major categories · Adjustments made to align major budget categories with 7 priorities · Additional allocation included for Education in addition to funding formula allocation and debt service for school projects paid for by city · Adjustments by Budget Committee I 7 Reserved Allocations I Transfer to Debt Service $15,517,815 Personnel Lapse (Salary, (1,813,199) FICA, Retirement) , Budget Contingency 1,211,927 Other (Medical, Dental, W/C, 5,471,155 Misc Contingencies, Budget Stabilization, Line of Duty, Memberships, District Tax Allocation) Budgeting for Outcomes 800,000 Contingency 0 I I FY 2011 Adopted Budget EXPENDITURES $253,363,000 Public Works $23,677.755 9.35% General Government $12.348,701 4.87% Heatth & Welfare $38.974,153 15.38% Public Safety $56.990.703 22.49% Judicial Admin. $7,449.022 2.94% Parks, Recreation & Cultural $9,141.147 3,61% Schools $75,257.289 29.70% Non- Departmental $23.568,643 9,30% I FY 2012 Priority Allocations Education 33% Safety 26% I 10 395 9 396 Economy I · Emphasizes collaborative efforts within city government and with outside agencies. · Demonstrates innovation and effective management of resources. · Provides a holistic and integrated approach to business development, asset development, and investment in human capital. · Promotes Roanoke with a multifaceted communication and marketing strategy. 12 Economy Total Offers: $3,474,077 I DepartmenUDivision/ Agency # Offers Center in the Square 1 Convention and Visitors Bureau 1 Downtown Roanoke, Inc. 2 Economic Development 4 Billings & Collections 1 Miss Virginia Pageant 1 NCAA Championship 1 Office of Communications 2 Parks and Recreation 1 13 I I Economy (continued) Department/Division/ Agency # Offers Percent for Art 1 Planning, Building and Development 1 Roanoke Arts Commission 1 Roanoke Regional Small Business 1 Development Center Roanoke Valley Horse Show 1 TOTAL 19 14 Education I . Address multiple causal factors and/or outcomes Offer collaborative solutions where appropriate Develop and strengthen relationships between students and their families and the community Exhibit data-driven decision making using internal and external data Demonstrate success based on research, proven results, and accountability Impact the greatest needs by utilizing resources in creative and cost-effective ways Meet or exceed previous years' results Align with the strategic focus areas of the Roanoke City Public Schools, when appropriate . . . . . . . 16 I 397 398 Education Total Offers: $77,330,272 I Department/Division/ Agency # Offers Libraries 5 Roanoke C!ty Public Schools 3 Roanoke Valley Sister Cities 1 Virginia Cooperative Extension 1 Virginia Western Community 1 College TOTAL 11 17 Good Government I · Outline creative programs and initiatives that advance progressive and effective leadership throughout the organization. · Create fiscal strength through conservative, long-range fiscal planning while looking for ways to do things better. · Provide excellent, timely customer service, and increase opportunities for our citizens to access and understand their government. · Attract and retain talented employees, then develop and promote them in a workplace environment that embraces innovation. · Use of best practices that streamline operations. 19 I I Good Government Total Offers: $15,787,356 Department/Division/ Agency # Offers Billings & Collections 4 Board of Equalization 1 City Attorney 5 City Clerk 3 City Council 1 City Manager ~ 1 Clerk of Circuit Court 5 Commissioner of the Revenue 6 Cost Collections 1 Department of Finance 8 Department of General 1 Services/S ustainability Department of Technology 1 20 I Good Government (continued) Department/Division/ Agency # Offers Human Resources 7 Human Services 1 Management & Budget 7 Management Services 4 Municipal Auditing 4 Office of Communications 1 Planning, Building & Development 1 Purchasing 3 Real Estate Valuation 2 Registrar 2 Risk Management 2 Treasurer 4 Other 5 TOTAL 80 Ll I 399 400 Human Services I · Collaborative offers, when applicable, that maximize efficiencies and effectiveness through the sharing of knowledge, expertise and resources while preventing duplication of services. · Offers that promote healthy development and self sufficiency that reduces the need for services. · Offers that demonstrate success based on researcb, proven results and accountability. Offeror must be able to adhere to necessary compliance and regulatory requirements and the highest ethical standards. · Offers that provide the greatest impact to persons in need by maximizing existing resources while looking for areas of opportunity that can be utilized in new and creative ways. 23 Human Services Total Offers: $45,098,250 I Department/Division/ Agency # Offers Blue Ridge Behavioral Healthcare 1 Health Department 1 Human Services/Social 11 Services/Juvenile Justice Human Services Committee 1 Juvenile & Domestic Relations - 2 Court Service Unit Parks and Recreation - 2 Recreation & Youth Services Police 1 Total Action Against Poverty (TAP) 1 TOTAL 20 24 I I Infrastructure . Provide strategies to identify and meet legal mandates and regulations. Maintain first. We will look for offers that provide for the evaluation and prioritization of infrastructure maintenance. Offers shall provide a prioritized inventory of opportunities, deficiencies, and recommended maintenance of all infrastructure and/or improvements. Build second. We will look for offers that provide for the evaluation and prioritization of infrastructure development. Offers shall provide a prioritized inventory of opportunities, deficiencies, and recommended infrastructure and/or improvements. . ' . Infrastructure (continued) I · Offers shall address life cycle costs and benefits of effective infrastructure maintenance. · Offers shall include a statement of specific goals and performance indicators for documenting results. · Offers shall describe the resources to be provided (including but not limited to labor, equipment and materials) to support the proposed offer. · Preference will be given to offers that that promote partnerships, collaboration, and innovations that leverage existing resources and reduce the long term costs of maintenance, and that incorporate infrastructure improvements into regular maintenance and management activities. · Offers should incorporate environmentally-friendly and energy efficient practices. I 26 27 401 402 Infrastructure Total Offers: $32,798,103 I DepartmenVDivision/ Agency # Offers Department of Technology 6 Director of General Services 1 Director of Public Works 1 Engineering 13 Environmental Management 3 Facilities Management 9 Fleet Management 5 Libraries 1 Parks and Recreation 2 28 Infrastructure (continued) I DepartmenVDivision/ Agency # Offers Planning, Building and Development 1 Solid Waste Management 2 Transportation 7 TOTAL 51 29 I I Livability \ Maximize efficiencies through the demonstration of collaborative efforts, cost recovery, sound fiscal management, innovation and creativity. Promote recreation, arts and cultural events and activities that are meaningful, support education and provide value to the citizens and the region. Encourage community development and home ownership through the promotion of attainable housing and safe, clean and accessible neighborhoods. Build and promote a valued and engaged citizenry with a strong sense of community and commitment to maintain the health and strength of neighborhoods. Adequately develop and maintain cultural and recreational facilities, natural resources, and unique asset sustainability. 31 . . . . . I Livability Total Offers: $16,681,801 Department/Division/ Agency # Offers Civic Facilities 1 Director of General Services 3 Engineering 2 Event Zone 1 Greater Roanoke Transit Company 3 Libraries 2 Mill Mountain Zoo 1 Neighborhood Services/Support 3 Parks and Recreation 4 Planning, Building and Development 1 Roanoke Valley Greenways Commission 1 32 I 403 404 Livability (continued) I Department/Division/ Agency # Offers Solid Waste Management 9 Transportation 2 Virginia Amateur Sports 1 Western Virginia Land Trust 1 TOTAL 35 33 Safety · Addresses multiple causal factors and/or outcomes · Encourages cross-departmental collaboration · Creative re-use of existing resources to achieve optimal results · Creates efficiencies and removes low-value activities · Exhibits ~data driven decision making using internal and external data · Demonstrates proven results through best practices · Meets or exceeds previous years' results I 35 I I Safety Total Offers: $61,626,551 Department/Division/ Agency # Offers Building Inspections 1 Circuit Court 1 Commonwealth Attorney . 3 Fire/EMS/911 10 General District Court 1 Human Services 1 Juvenile & Domestic Relations Court Clerk 1 Juvenile & Domestic Relations Court Service Unit 1 Magistrate 1 Parks and Recreation 2 Police 11 36 Safety (continued) I Department/Division/ Agency # Offers Police/RCPS 1 Risk Management 1 Sheriff/ Jail 3 Transportation 3 TOTAL 40 37 I 405 406 Summary I Priority Allocation Total Offers , Variance Economy $ 3,356,169 $ 3,474,077 $ ( 117,908) Education 77,023,406 77,330,272 (306,866) Good 15,097,108 15,787,356 (690,248) Government Human Services 40,160,274 45,098,250 (4,937,976) Infrastructure 25,088,727 32,798,013 (7,709,286) Livability 14,329,536 16,681,801 (2,352,265) Safety 60,161,082 61,626,551 (1,465,469) TOTALS 159,589,776 177,169,794 (17,580,018) 38 Major Incremental Offers I Priority Incremental Cost Economy $ 202,460 Education 280,074 Good Government , 694,395 Human Services 4,737,150 Infrastructure 7,341,890 Livability 2,149,115 Safety 1,200,041 TOTAL $16,605,125 39 I I I I 407 Summary Priority Allocation Total Offers Variance TOTALS $159,589,776 $177,169,794 ($17,580,018) Major 16,605,125 Incremental Offers Variance ($974,893) 40 Next Steps · Departments now revising offers based on team feedback · April 4th: Update on Price of Government and Offer Rankings · April 18th: Recommended Budget presented to City Council 41 Council Member Ferris asked if staff compared numbers of other localities to see how they allocated limited resources; whereupon, the City Manager explained that because of the outcome approach that Roanoke takes it does not align with the information from other localities. 408 Capital Project Planning · Maintain Current Capital Assets · Infrastructure Investment for Livability and Economic Development · Bridge Renovation/Replacement · Curb, Gutter and Sidewalk · Streetscape Projects · Storm Drains · Civic Center · School Maintenance · Targeted Livability Investments · Parks and Recreation Master Plan · Libraries Investments made within parameters of debt limitations 42 Cash Funded Capital Project 2012 2013 2014 2015 2016 TOTAL Elmwood Park Amphitheater<< 300,000 300,000 Market Garage (retailt 455,000 , 455,000 Greenways .. 200,000 200,000 200,000 200,000 200,000 1,000,000 YMCA <200,000 100,000 100,000 100,000 100,000 600,000 Center in the Square<< 300,000 300,000 300,000 900,000 Science Museum." 100,000 100,000 100,000 300,000 Harrison Museum- 100,000 100,000 100,000 300,000 VDOT Match Funding 251,800 251,800 251 ,800 251,800 251,800 1,259,000 Bridge Maintenance 500,000 500,000 500,000 500,000 500,000 2,500,000 Total 2,406,800 1,551,800 1,551,800 1,051,800 1,051,800 $7,614,000 *Funded through Economic and Community Development Reserve **Funded through excess debt funding 43 The City Manager explained that the $300,000.00 allocated for Elmwood Park Amphitheater would be used for improvements based on studies and citizen input. I I I I I I 409 Vice-Mayor Trinkle inquired if the old studies on the project and library plan would be used to consider improvements. The City Manager explained that the previous studies were in connection with the amphitheater and not solely on Elmwood Park for multiple uses, adding that the park itself needed to be improved since the amphitheater development was on hold. Council Member Bestpitch inquired about the $300,000.00; whereupon, the City Manager replied that the funds would be used for architectural and engineering services, however if Council desired to use City departments to perform the duties, it could be done, but would require additional time. Council Member Bestpitch advised that it would be best to use staff to facilitate a process to determine what the needs are for the park and thereafter, execute the designs and solicit help from outside agencies. The City Manager interjected that City staff might not be able to correlate the ideas received from public comments on paper as a visual since this is something that would need to be completed by a landscape architect. Following in-depth discussion of the funds allotted for the park improvements, staff continued with the presentation. City of Roanoke Debt Policies · Tax-supported general obligation debt service will not exceed 10% of General Fund expenditures. . Net bonded debt will not exceed 4% of the assessed value of real property. - Net Bonded Debt is general obligation debt for the City and School Board, exclusive of Parking Enterprise Fund debt and the amount available in the Debt Service Fund. . Tax-supported debt will be structured such that not less than 60% of aggregate outstanding debt will be retired within ten years. 44 The City Manager advised that the retail space under the Market Garage needed to be built-out in order for a tenant to move in. The Assistant City Manager for Community Development indicated that the space needed HVAC, plumbing work, etc., in order to meet building code requirements. 410 Council Member Bestpitch questioned the timeframe to prepare the space and I how to guarantee a tenant; whereupon, Mr. Townsend advised that once funds have been appropriated, it would take approximately three months for the build-out. Council Member Bestpitch commented that some businesses in the Market area are barely hanging on and was worried about the renovations to Center in the Square, and asked about the demand for the area. Mr. Townsend explained that without the preparations to the space in the Market Garage, no tenant would be interested in renting the space and it is uncertain if there would be a demand for the space once it has been renovated. Council Member Rosen expressed a concern regarding the City taking on the role of landlord for profit once again, adding that it may not be the best move for the City. Mr. Townsend explained that in this instance, the City would have to assume the role of landlord because it owns the Market Garage. . In connection with capital planning requiring debt service, the City Manager recommended that the Council focus on ,the Countryside Project first followed by other items identified in the Parks and Recreation Master Plan. Mr. Townsend reminded the Council that a briefing on the Countryside Project was scheduled to be presented at the March 21 Council meeting at 7:00 p.m. The City Manager mentioned that major improvements were necessary at the Roanoke Civic Center such as the HVAC, ice machines, etc. I In connection with repairs and renovations at the Civic Center, Vice-Mayor Trinkle asked if the admissions tax could be used to cover the necessary improvements; whereupon, the Assistant City Manager for Operations advised that the admissions tax was used to fund the operation of the facility, not designated to cover improvements. Following further comments by the Council and staff, the Assistant Director of Finance continued with the presentation. I I Ratio of Debt Service to General and School Fund Expenditures (10%) Total Debt Service as % of Total Expenditures Reflects Planned Future Debt Issuance 12,0% 10,3% 9,9% 10,0% 9.8% 10,0% 8.9% 8,8% 8,6% 8,1% 8,0% ,---Z,5% 6.0% 4,0% -I , 2,0% - 0,0% ----, i 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 I , The goal is to remain below the 10% line. This limit is the most constraining to our debt issuance for FY12 and FY13 due to contracting budget expenditures. 46 I Ratio of Net Bonded Debt to Assessed Value of Real Property (40/0) Total Net Bonded Debt as % of Assessed Value Reflects Planned Future Debt Issuance 4,5% ]--...."--......--.----'.---......-. ..,. .." "."-_.~- 3.9% 4,0% I 3.6% 35% ,-- :3,4% .3.3%--320'---- ~ ! . 10 3.1% 3.0% J .- 2,5% L. I 2,0% l' 1,5% +-. I 1,0% i- ! 0.5% ~- "2:1%- 0,0% +- ~o ~1 ~2 ~3 ~4 ~5 ~6 ~7 ~8 ~9 The goal is to remain below the 4% line. The City is in good condition on this limi~7 I 411 412 Reduction of Aggregate Debt Within Ten Years (600/0) I Total Principal Repayment in 10 Years Reflects Planned Future Debt Issuance 90,0% 780/. 80% _]6%.."_"",,,~_",_ 80,0% 70,0% 60,0% 50,0% 40,0% 30,0% 20,0% 10,0% 0,0% ~o ~1 ~2 ~3 ~4 ~5 ~6 ~7 ~8 ~9 The goal is to remain above the 60% line. The City is in good condition on this limit. 48 Next Steps I · April 4th: Follow-Up Information and Update on Capital Project Planning 49 (See copy of presentation on file in the City Clerk's Office.) I I I I 413 At 1 :42 p. m., Mayo Bowers declared the Council meeting in recess to be reconvened at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael 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. 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 ACKNOWLEDGEMENTS: MULTIPLE SCLEROSIS: The Mayor'declared the week of March 14 - 20,2011 as Multiple Sclerosis Awareness Week. (See copy of proclamation on file in the City Clerk's Office.) Mayor Bowers presented a copy of the proclamation to Catherine Turner, Senior Manager of Leadership Events and Donor Development, National Multiple Sclerosis Society, Blue Ridge Chapter. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. 414 DISABILITIES: LaVada Robertson appeared before the Council to seek support I for the Autism Speaks "Light it Up Blue" Campaign. She distributed information regarding the Campaign and ways that citizens could participate to raise awareness about autism. Ms. Robertson requested that the Star on Mill Mountain shine blue on Friday, April 1 in observance of the campaign. (See copy of information regarding the Autism Campaign on file in the City Clerk's Office.) Ms. Robertson's request was referred to the City Manager for appropriate response. (Noted in the March 23 Council Update, the Entranceway Park Fountain at Williamson Road and Wells Avenue, N. W., will be illuminated blue on April 1 and 2 in support of the "Autism Speaks - Light It Up Blue" event to raise awareness for autism and to commemorate World Autism Awareness Day on Saturday, April 2. Prominent landmark buildings around the world, including the Empire State Building and the Sydney Opera House, will turn their lights blue as a show of support.) MISCELLANEOUS: Robert Gravely appeared before the Council and expressed his concern with regard to the economy quoted biblical scriptures. I CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion ilJ the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. Mayor Bowers asked that Item C-2 be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, February 7, 2011 and Tuesday, February 22,2011, were before the body. (See Minutes on file in the City Clerk's Office.) I I I I 415 Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-O. ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Karena J. Clinton as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Trinkle moved that Council accept the resignation and receive and file the communication. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-O. CITY-OWNED PROPERTY-STATE HIGHWAYS-STREETS: Item C-2, having previously been removed from the Consent Agenda pursuant to a request of the Mayor to be considered separately was again before the Council: A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 21, 2011 at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyance of City-owned property located near the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard to the Virginia Department of Transportation, was before the body. (See copy of communication on file in the City Clerk's Office.) In response to the Mayor's inquiry as to the reason for the matter to be heard by the Council at 2:00 p.m., instead of 7:00 p.m.; whereupon, R. Brian Townsend, Assistance City Manager for Community Development, advised that inasmuch as no public hearings were scheduled to be heard by the Council at its 7:00 p.m. session on Monday, March 21, the Administration requested that the Council consider the abovementioned request at its 2:00 p.m. session. In addition, Mr. Townsend called attention to a briefing that was scheduled to be presented to the Council at its 7:00 p.m., session on March 21 regarding the Countryside Golf Course. 416 Mayor Bowers requested that the request of the City Manager be amended for I the Council to reschedule the public hearing to consider the conveyance of City-owned property located near the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard to the Virginia Department of Transportation at 7:00 p.m., instead of 2:00 p.m., on Monday, March 21, 2011. Following additional comments, Council Member Bestpitch offered a motion that the Council concur in the Mayor's request as abovestated. The motion was seconded by Council Member Ferris 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: SALE-PURCHASE OF CITY PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 7,2011, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey approximately 20.4 acres of City-owned property to Ned B. Jeter, II, and Darrell B. Jeter, designated as a portion of Botetourt County Official Tax No. 108(9)4, for agricultural purposes, the matter was before the body. I Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 25,2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending sale of City-owned property located in Botetourt County adjacent to the Coyner Springs Community Cemetery to Ned B. Jeter, II and Darrell B. Jeter, in the amount of $4,000.00 per acre, for a total cost of $81,600.00, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) I I I I 417 Council Member Ferris offered the following ordinance: (#39068-030711) AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being approximately 20.4 acres adjacent to the Coyner Springs Community Cemetery in Boteto,urt County, Virginia, designated as Botetourt County Official Tax No.1 08(9)4, to Ned B. Jeter, II, and Darrell B. Jeter, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 581.) Council Member Ferris moved the adoption of Ordinance No. 39068-030711. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39068-030711 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. NAYS: None-O. CITY PROPERTY-LEASES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 7, 2011, at 2:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to lease approximately 7.41 acres of City-owned property, being a portion of Botetourt County Official Tax No. 108(9)1,1 A,2, located northwest of the former City Nursing Home at Coyner Springs in Botetourt County, Virginia, to Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to be used for agricultural use, for an initial term of one year, subject to four additional one-year term renewals upon mutual agreement of the parties, commencing March 1,2011, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 25,2011. (See publisher's affidavit on file in the City Clerk's Office.) 418 The City Manager submitted a written communication recommending the leasing I of approximately 7.4 acres of land in Botetourt County to Mr. Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, for a period of one year, subject to four additional renewals of one-year terms at a lease rate of $20.00, per acre, for a total amount of $148.20 per year, upon mutual agreement of the parties, retroactive back to March 1, 2011, and expiring February 28, 2012, 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: (#39069-0307011) AN ORDINANCE authorizing the City Manager to execute a lease agreement with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to lease approximately 7.41 acres of City-owned property, being a portion of Botetourt County Official Tax No. 108(9)1, 1 A, 2; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 582.) Council Member Ferris moved the adoption of Ordinance No. 39069-030711. The motion was seconded by Council Member Rosen. I The Mayor inquired if there were persons present who wished to speak in connection with the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39069-030711 was adopted by the following vote: AYES: Council, Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers- 7. NAYS: None-O. PETITIONS AND COMMUNICATIONS: EXPLORE PARK-ECONOMIC DEVELOPMENT: Elmer Hodge, Member, Virginia Recreational Facilities Authority Board, appeared before Council and shared information with regard to the economic impact of a feature-length motion picture production undertaken at Explbre Park between July and December 2010. (See copy of powerpoint presentation on file in the City Clerk's Office.) I I I I 419 Mr. Hodge pointed out that the local economic impact based on actual spending figures provided by producer was approximately $3,730,159.00. Following lengthy remarks, it was stated that the movie date opening will be held in May 2012, with premier as a fundraiser. After additional comments, the Mayor advised that the remarks and presentation would be received and filed. ANNUAL REPORT-TOURISM: Landon Howard, Executive Director, Roanoke Valley Conventional and Visitors Bureau, appeared before Council and presented its annual report. (See copy of Annual Report, along with a handout of additional information on file in the City Clerk's Office.) Mr. Howard spoke about tourism in the Roanoke Valley, emphasizing that the Roanoke Valley Convention and Visitors Bureau serves as an information broker for the Roanoke Valley area macro-tourism economy representing and working with over 200 partners; and highlighted the following as a part of the presentation: . Program of Work - Performance Report . Public Relations Initiative . Marketing . Visitor's Guide . Update . Website . Strategic Marketing Research . Funding · Performance Measures - January 2011 Following remarks, the Mayor advised that the report, along with handouts would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. 420 ITEMS RECOMMENDED FOR ACTIONS: GRANTS-BUDGET-FIRE/EMS: The City Manager submitted a written communication recommending acceptance and appropriation of funds in connection with the 2010 Assistance to Firefighters Grant from the Department of Homeland Security, FEMA and the U. S. Fire Administration to purchase equipment and supplies for use by the Roanoke Fire-EMS Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39070-030711) A RESOLUTION accepting the 2010 Assistance to Firefighters Grant made to the City of Roanoke Fire-EMS Department by the Department of Homeland Security, FEMA and the U.S. Fire Administration, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 74, page 583.) Council Member Rosen moved the adoption of Resolution No. 39070-030711. The motion was seconded by Council Member Ferris and Vice-Mayor Trinkle 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.) Council Member Rosen offered the following budget ordinance: (#39071-030711) AN ORDINANCE to appropriate funding from the federal government for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 584.) I I I I I I 421 Council Member Bestpitch moved the adoption of Ordinance No. 39071-030711. The motion was seconded by Vice-Mayor Trinkle and Council Member Ferris and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. CITY CODE-SOLICIT A TION-DOWNTOWN ROANOKE: The City Manager submitted a written communication recommending amendment of the City Code to include new subsections in connection with aggressive solicitation arid sales, primarily in the downtown area. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39072-030711) AN ORDINANCE amending 921-44.1(b) Aaaressive Solicitation and Sales: Definitions: Prohibited Acts and Penalties, of Article I, In General, of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, by adding new subsections (b)(7) and (8); and dispensing with the second reading by title paragraph of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 585.) . Council Member Ferris moved the adoption of Ordinance No. 39072-030711.The motion was seconded by Vice-Mayor Trinkle. Council Member Ferris asked the City Manager to recap the discussion of the solicitation proposal that was shared with the Council during is 9:00 a.m. informal briefing session, noting that the amendment to the Code was not an attempt to jail homeless citizens, but a tool to curtail aggressive solicitation involving patrons dining in public restaurants, waiting in line or purchasing tickets at public events, etc. The City Manager reiterated that the solicitation proposal was being adopted noted by Council Member Ferris and the Administration would use the opportunity to educate the public as well as work with the homeless agencies to dispel rumors that the amendment is intended to target the homeless population. 422 Following comments by the City Manager, Ordinance No. 39072-030711 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers- 7. NAYS: None-O. CITY CODE-PARKS: The City Manager submitted a written communication recommending amendment of the City Code to include SunTrust Plaza as a "designated park facility" where alcoholic beverages may be possessed or consumed. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39073-030711) AN ORDINANCE amending and reordaining Section 24-97, Possession or consumption of alcoholic beveraqes, of Chapter 24, Public Buildinqs, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 586.) Council Member Ferris moved the adoption of Ordinance No. 39073-030711. The motion was seconded by Vice-Mayor Trinkle and Council Member Bestpitch. Council Member Lea noted that he would be voting against the adoption of the amendment due to his religious beliefs. There being no additional comments by the Council Members, Ordinance No. 39073-030711 was adopted by the following vote: - AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Price and Mayor Bowers-6. NAYS: Council Member Lea-1. ART-FAIR HOUSING BOARD-VALLEY VIEW MALL: The City Manager submitted a written communication recommending authorization for waiver of the City's sovereign immunity and execution of an agreement with Valley View Mall SPE, LLC, through its agent, CBL & Associates Management, Inc., in connection with an art contest sponsored by the City's Fair Housing Board on Saturday, March 19, 2011, at Valley View Mall. (For full text, see communication on file in the City Clerk's Office.) I I I I I I 423 Council Member Rosen offered the following resolution: (#39074-030711) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for an art contest sponsored by the City's Fair Housing Board ("Board"), and authorizing execution of an Agreement with Valley View Mall SPE, LLC, through its agent, CBL & Associates Management, Inc., in connection with such use of Valley View Mall. (For full text of resolution, see Resolution Book No. 74, page 587.) Council Member Rosen moved the adoption of Resolution No. 39074-030711. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. TRASH-NUISANCES: The City Manager submitted a written communication recommending execution of Amendment No.6 to the contract between the City of Roanoke and Keith Saunders Company to continue to provide private parcel mowing and trash removal within the City of Roanoke until June 30, 2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39075-030711) A RESOLUTION authorizing the City Manager to execute Amendment No.6 to the City's Contract with Keith Saunders Company for weed and trash abatement. (For full text of resolution, see Resolution Book No. 74, page 588.) Council Member Price moved the adoption of Resolution No. 39075-030711. 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. 424 COMMENTS BY THE CITY MANAGER: The City Manager announced that This Old House Magazine has named Roanoke's Mountain View Neighborhood one of its 64 Best Old-House Neighborhoods for 2011 . He also reported that the City's first Green Academy was a success, adding that sessions were held on Thursday evenings at Fishburn Park Elementary School, mid- January through in mid-February, and that the Academy was co-sponsored by the City of Roanoke and the Citizens for Clean and Green Committee. Furthermore, 23 people participated and learned from regional experts about topics including energy conservation, weatherization, renewable energy, and water conservation; and future green academies will be held. In addition, Mr. Morrill reminded citizens that the St. Patrick's Day Parade and Celebration would be held on Saturday, March 1 and encouraged the public's participation and support of the event. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted a Financial Report of the City of Roanoke for the seven months ended January 2011, and Financial Report for Roanoke City Public Schools for the six months ended December 31, 2010. (For full text, see Financial Reports on file in the City Clerk's Office.) The Director of Finance gave an overview regarding the Financial Report for seven months ended January 31,2011. She highlighted the following: . FY11 General Fund Overview . Sales Tax Steadily Improving Each Month This Year . Meal Tax Continues Strong Performance . Business and Professional Occupational License Tax ("BPOL") . History of BPOL revenue (The City's fourth largest tax) . Telecommunications Tax Exceeding Budget and Prior Year . Lodging Tax Exceeding Budget and Prior Year . Cigarette Tax Below Budget and Prior Year But Showing Improvement . Admissions Tax Even with Prior Year but Below Budget . Funding from the Commonwealth - 26% of Budget . Other Local Revenues . Personnel (Salary/Benefit) Lapse Performing ahead of Target . Public Safety Overtime and Fire/EMS Part-Time Above Target . Workers' Compensation Expenses Above Target . Comprehensive Services Act Expenses Below Target . Residential Juvenile Detention Expenses Below Target I I I I I I 425 . Solid Waste Tipping Fees Below Target . .. Motor Fuel Expenses Below Target · Civic Facilities Fund (Comparative Statement of Revenues and Expenses for the Seven Months Ending January 31) · Parking Fund (Comparative Statement of Revenues and Expenses for the Seven Months Ending January 31) . Pension Plan Trust · School General Fund Revenues Six Months Ended December 31) · School General Fund Expenditures Six Months Ended December 31 · Unemployment Trends · Performance as Expected Viewed with Precaution (For full text, see copy of presentation on file in the City Clerk's Office.) Robert Gravely appeared before the Council and spoke about the City's spending and suggested that the City seek partnerships with private sector. Following lengthy remarks by the Council and the Director of Finance, the Mayor advised that the Financial Reports would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTION AND MISCELLANEOUS BUSINESS: Council Member Bestpitch pointed out that the Wachovia and SunTrust Plazas have had three different names and suggested that the City Manager refer the matter to the Parks and Recreation Advisory Board for study and report regarding appropriate names for the two plazas that encompasses the history, tradition and legacy of the City of Roanoke. Without objection from the Council, the comments were referred to the City Manager for report back to Council. Council Member Price acknowledged Mrs. Bates' class from Breckinridge Middle School and remarked it was refreshing that young people were being taught how to participate in the democratic process and be productive citizens. She also acknowledged Frances Ragsdale, one of the longest living residents in the City of Roanoke who recently passed away at 105 years of age. At 4:04 p.m., the Mayor declared the Council Meeting in recess for a Closed Meeting to be held in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building. 426 At 5:21 p.m., the Council Meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded Council Member Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business 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, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE- HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION: The Mayor called attention to the expiration of the four year term of office of David B. Trinkle as the City Council representative to the Hotel Roanoke and Conference Center Commission ending April 8, 2011; whereupon, he opened the floor for nominations. , The name of Vice-Mayor David B. Trinkle was placed in nomination. There being no further nominations, Vice-Mayor Trinkle was reappointed as the City Council representative to the Hotel Roanoke and Conference Center Commission for a four year term ending April 8,2015, by the following vote: FOR VICE-MAYOR TRINKLE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. OATHS OF OFFICE-PARKS AND RECREATION: The Mayor called attention to the expiration of the three-year terms of office of Christopher Walters, Christopher Polad- Thomas, Thomas Pettigrew, Adam Boitnott, and Gordie Ziegler as members of the Parks and Recreation Advisory Board ending March 31, 2011; whereupon, he opened the floor for nominations. The names Christopher Walters, Christopher Polad-Thomas, Thomas Pettigrew, Adam Boitnott, and Gordie Ziegler were placed in nomination. I I I I I I 427 There being no further nominations, Messrs. Walters, Polad-Thomas, Pettigrew, Boitnott, and Ziegler were reappointed as members of the Parks and Recreation Advisory Board for three year terms, each, ending March 31, 2014, by the following vote: FOR MESSRS WALTERS, POLAD-THOMAS, PETTIGREW, BOITNOTT, AND ZIEGLER: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. Inasmuch as Messrs. Boitnott and Ziegler were non-City residents, the Council waived the City residency requirement in this instance. OATHS OF OFFICE-ROANOKE REGIONAL AIRPORT COMMISSION: The Mayor called attention to the expiration of term of office of Cynthia Lawrence as a City representative of the Roanoke Regional Airport Commission ending March 9, 2011; whereupon, he opened the floor for nominations. The name of Cynthia Lawrence was placed in nomination. There being no further nominations, Ms. Lawrence was reappointed as a City representative of the Roanoke Regional Airport Commission for a term of four years ending March 9, 2015, by the following vote: FOR MS. LAWRENCE: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-7. There being no further business, the Mayor declared the Council meeting adjourned at 5:22 p.m. APPROVED ATTEST: ~hJ.m~~ Stephanie M. Moon, MMC / :- City Clerk ; David A. Bowers Mayor 428 March 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, March 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, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price -1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. I Moon, City Clerk. The Invocation was delivered by The Reverend Maurita Wiggins, Pastor, Valley Community Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: RED CROSS-DISASTERS: Amy Whittaker, Public Relations Director, Roanoke Chapter of the American Red Cross, gave a brief report about assistance being provided by the American Red Cross to Japan as a result of the destruction to the country which was caused by a recent earthquake and tsunami. Ms. Whittaker remarked that any monetary donations by citizens could be made to the Red Cross, adding that it should be stated on all checks/money orders, etc., that the donations are to be used to assist the disaster relief in Japan. Following comments by Members of Council, the Mayor expressed appreciation to Ms. Whittaker for providing information regarding monetary donations for disaster relief to citizens of Japan. I I I I 429 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and all matters will be referred to the City Manager for response as he deems appropriate. BUSES: Leslie Matney appeared before the Council and expressed concern with regard to the Greyhound Bus Station hours of operation and the safety of patrons waiting for buses in the late evenings and after hours. Following questions and comments by the Council, the Mayor referred Ms. Matney's comments to the City Manager for investigation and report to the Council. INNER CITY ATHLETIC ASSOCIATION-YOUTH SPORTS: Helen Davis appeared before the Council and expressed concern with regard to the alleged mistreatment of the Inner City Athletic Association and inner City youth who plays sports for the Association. Following Ms. Davis' comments, it was noted by a Member of the Council that the matter had previously been addressed, and requested that copies of previous correspondence be forwarded again to the Council as a Whole and Ms. Davis, for information purposes. (See copies of previous correspondence regarding concerns expressed by Inner City Athletic Association under date of April 1, 2011 on file in the City Clerk's Office.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed" on the Consent Agenda, and if discussion was desired, "the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to the request for Closed Meeting to discuss plans relating to the security of the Noel C. Taylor Municipal Building. CITY COUNCIL-SECURITY: A communication from Mayor Bowers requesting that Council convene in Closed Meeting to discuss plans relating to the security of the Noel C. Taylor Municipal Building located at 215 Church Avenue, S. W., pursuant to Section 2.2-3711 (A)(19), Code of Virginia, as amended, was before the body. (See communication on file in the City Clerk's Office.) 430 Council Member Lea moved that Council concur in the request as above I described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) ROANOKE NEIGHBORHOOD ADVOCATES: A communication from the City Clerk advising of the resignation of Christina M. Brannan as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the body. (See communication on file in the City Clerk's Office.) Council Member Lea 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, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. I (Council Member Price was absent.) AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, March 2, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Council Member Lea 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 Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) I I I I 431 OATHS OF OFFICE-HOTEL ROANOKE AND CONFERENCE CENTER COMMISSION AND ROANOKE REGIONAL AIRPORT COMMISSION: Reports of qualification of Vice-Mayor David B. Trinkle as the City Council representative to the Hotel Roanoke and Conference Center Commission for a term of four-years ending April 8, 2015; and Cynthia Lawrence as a City representative on the Roanoke Regional Airport Commission for a term of four-years ending March 9, 2015, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Lea moved that the reports of qualification be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: POFF FEDERAL BUILDING: David Ehrenwerth, Mid-Atlantic Regional Administrator, General Services Administration, appeared before the Council and shared brief remarks regarding renovations to the Richard F. Poff Federal Building. (See copy of remarks on file in the City Clerk's Office.) Even though a few Council Members questioned the sizable cost of renovating the Poff Federal Building, the Council reiterated its concern that the City not be excluded from the project's economic benefits. Following responses from Mr. Ehrenwerth to questions by the Council, the Mayor advised that the presentation would be received and filed. 432 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: HOUSING-GRANTS-BUDGET: The City Manager submitted a written communication re.commending acceptance and appropriation of funds in connection with the ShelterPlus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39076-032111) A RESOLUTION authorizing acceptance of the ShelterPlus Care Renewal Grant Award from the U.S. Department of Housing and Urban Development, in the amount of $175,140.00; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing execution of the necessary documents. (For full text of resolution, see Resolution Book No. 74, page 589.) Council Member Bestpitch moved the adoption of Resolution No. 39076-032111. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) Council Member Bestpitch offered the following budget ordinance: (#39077-032111) AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the ShelterPlus Care Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 590.) I I I I I I 433 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39077- 032111. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) HUMAN SERVICES-BUDGET: The City Manager submitted a written communication recommending appropriation of additional funds for various social services programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#39078-032111) AN ORDINANCE to appropriate funding from the Commonwealth to the Department of Social Services, amending and reordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 590.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39078- 032111. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) GRANTS-BUDGET-GREENWAYS: The City Manager submitted a written communication recommending authorization to apply for Virginia Recreational Trail Grant funding in connection with the Roanoke River Greenway trailhead development. (For full text, see communication on file in the City Clerk's Office.) 434 Vice-Mayor Trinkle offered the following resolution: I (#39079-032111) A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Conservation and Recreation for a Virginia Recreational Trail Grant to provide funds for trailhead development connecting Memorial Bridge Park to Bridge Street as part of the Roanoke River Greenway Trail; and authorizing the execution of the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 591.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39079-032111. The motion was seconded by Council Member Bestpitch. Mayor Bowers noted that the state trail funds are to be used for the extension of the greenway from Memorial Bridge westward to Bridge Street, S. W. The City Manager also indicated that the requested funds were to be used for amenities at the trailhead on Bridge Street, S. W., which happens to be the last trailhead prior to Peters Creek Road Extension. Additionally, Mr. Morrill pointed out that ADA compliant parking, an informational kiosk, trash receptacles, a greenway kiosk and riparian sustainable landscape would be added at said location. There being no additional questions and comments by the Council Members, I Resolution No. 39079-032111 adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) CITY CODE-BUILDINGS: The City Manager submitted a written communication recommending amendment of the City Code to reflect recent amendments to the Virginia Uniform Statewide Building Code, which were adopted by the State and enforced at the local level. (For full text, see communication on file in the City Clerk's Office.) I 435 I Vice-Mayor Trinkle offered the following ordinance: (#39080-032111) AN ORDINANCE amending and reordaining Section 7-5, Adopted: where copies filed, Article II, Buildino Code, Chapter 7, Buildino Reoulations, Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 592.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39080-032111. The motion was seconded by Council Member Lea. Council Member Rosen asked for clarification of the practical effects of the changes; whereupon, R. Brian Townsend, Assistant City Manager for Community Development, replied that the Commonwealth of Virginia adopts a Uniform Statewide Building Code yearly based on a national model, adding that localities are required to conform to the regulations as well. He also noted that one of the changes was an increase in energy and weatherization efficiency inspections in new construction. I Mr. Townsend explained that the minimum square foot requirements for obtaining a building permit had been increased, as well as additional requirements for carbon monoxide detectors for houses having indoor garages and open flame water heaters or furnaces. He further indicated that the City of Salem, Roanoke County and the City of Roanoke were adopting the building regulations simultaneously, adding that on March 30, the three localities will be meeting jointly with contractors and architects for the purpose of explaining the provisions, requirements and regulations to the Virginia Uniform Statewide Building Code. Following additional questions and/or comments by the Council Members, Ordinance No. 39080-032111 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) PURCHASE/SALE OF PROPERTY-RECREATION: The City Manager submitted a written communication recommending execution of Amendment NO.2 to the Agreement for Purchase and Sale of Real Property with Scott and Ascension Horchler to extend the timeframe of the real estate transaction on the Buena Vista property. I (For full text, see communication on file in the City Clerk's Office.) 436 Council Member Lea offered the following ordinance: I (#39081-032111) AN ORDINANCE authorizing the City Manager to execute an amended sales agreement providing for a closing date 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. 74, page 594.) Council Member Lea moved the adoption of Ordinance No. 39081-032111. The motion was seconded by Council Member Bestpitch. In response to a question by Council Member Ferris regarding the closing of the Horchlers' primary residence in Midlothian, Virginia, R. Brian Townsend, the Assistant City Manager of Community Development, explained that the extension request was due to the inability of the Horchlers to obtain a contract on the sale of residence in Midlothian, adding that the asking price to expedite the sale was reduced; and based upon the current real estate market and the efforts by the Horchlers, the Administration supports the request to extend the real estate transaction closing date on the Buena Vista property to be within 30 days of the closing sale date of the Horchler property in Midlothian, Virginia, or no later than June 30, 2011. There being no further questions and/or comments by the Council Members, Ordinance No. 39081-032111 was adopted by the following vote: I AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) COMMENTS BY CITY MANAGER: The City Manager shared an update on the budget process, reporting that a staff will brief the Council during the 9:00 a.m. informal session on Monday, April 4, with the recommended budget being presented at its April 18 regular session for referral to Budget Study scheduled to be held on Thursday, May 5 at 8:30 a.m., in the EOC Conference Room; and thereafter, a public hearing to receive citizen comments on the proposed budget will be held on Thursday, April 28. He encouraged citizens to review the proposed budget and provide the Council feedback at the public hearing. I 437 I Mr. Morrill also announced that the Leadership College was currently underway with 28 participants, noting that sessions were being held on Tuesday evenings at 6:00 p.m., from March 15 through May 10. DIRECTOR OF FINANCE: INSURANCE: The Director of Finance submitted a written communication recommending authorization to execute an agreement to indemnify and hold harmless the Virginia Employment Commission against third party claims from the City's access to its information system. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39082-032111) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Virginia Employment Commission's (VEC) electronic information system by the City's Department of Billings and Collections, and authorizing execution of an agreement with the VEC, as well as annual renewals of such agreement, in connection with such use of its electronic information system. I (For full text of resolution, see Resolution Book No. 74, page 595.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39082-032111. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) TAXES: The Director of Finance submitted a written report recommending establishment of the percentage reduction for personal property tax relief for the 2011 tax year. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39083-032111) A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2011 tax year. I (For full text of resolution, see Resolution Book No. 74, page 595.) 438 Council Member Rosen moved the adoption of Resolution No. 39083-032111. I The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) 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. (For full text, see copies of reports on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: (#39084-032111) AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and I reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 597.) Council Member Lea moved the adoption of Budget Ordinance No. 39084- 032111. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) CITY PROPERTY-SCHOOLS: The Roanoke City School Board submitted a written report advising that Huff Lane Elementary School is no longer needed for educational purposes; and the City Manager submitted a written communication recommending acceptance of the property. (For full text, see copies of report and communication on file in the City Clerk's Office.) I I I I 439 Council Member Rosen offered the following resolution: (#39085-032111) A RESOLUTION accepting the former Huff Lane Elementary School from the School Board, which has advised that it is no longer needed for educational purposes. (For full text of resolution, see Resolution Book No. 74, page 598.) Council Member Rosen moved the adoption of Resolution No. 39085-032111. The motion was seconded by Vice-Mayor Trinkle and Council Member Lea. Council Member Rosen mentioned that he had spent about six to eight months working with David Carson, Chairman of the Roanoke City School Board, to determine the best use for the Huff Lane property. Council Member Rosen noted his attendance at about half a dozen neighborhood meetings and had urged the residents to create a plan as to how to move forward to build out Round Hill, to dispose of Huff Lane and to improve the park. He asked for Council's concurrence in directing the City Manager to move forward in putting the Huff Lane property on the market and to work with the neighborhood to include the property in the neighborhood capital improvement plan, which improvements to the park would provide enormous opportunities for neighborhood residents to voice opinions with regard to the design of the park. Council Member Ferris remarked that the neighborhood needed certainty as to results, adding that he concurs in the motion made by Council Member Rosen to move forward with the plan. There being no additional questions and/or comments, Resolution No. 39085- 032111 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 440 MOTIONS AND MISCELLANEOUS BUSINESS: I INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Rosen shared the challenges of re-purposing the Huff Lane property. He noted that he has worked with the School Board and met with neighborhoods to receive citizen input regarding the matter; and that the City should move forward with identifying plans for said property. Council Member Lea asked City Council to recognize Gloria Lindsay for her efforts to help students receive scholarships to return to college in order to complete their education. He also reported that the Lady Bulldogs of Addison Middle School had recently won the Middle School Championship and completed the season UNDEFEATED, as well as noting accomplishments of the Star City Recreation Club basketball teams. In closing, he asked that the Council recognize the two teams on their positive accomplishments and Ms. Lindsay at a future Council meeting. Council Member Bestpitch cited a recent Roanoke Times op-ed by Barbara Dalhouse about the SPCA and the euthanasia of animals for which appropriate homes could not be found, and he encouraged citizens to spay or neuter their pets. He also stated that the City Manager's op-ed in Sunday's Horizon Section of the Roanoke Times I was very helpful in clarifying where the City was in the process of development for Elmwood Park, and he again encouraged citizens' input on proposals as well as their attendance at current events in Elmwood Park in order to see how the space was being utilized. Additionally, he explained that since the Planning staff was working on major revisions to the City of Roanoke Zoning Ordinance, the public hearing on the matter by the City Planning Commission had been continued until its April meeting; and urged City staff to publicize the process through MyRoanoke and Facebook while it was still in the planning stage to invite citizen input. In closing, Council Member Bestpitch remarked that the Virginia Commonwealth University Basketball Team was participating in the NCAA Basketball Tournament and was one of the "sweet sixteen teams" to be in the playoffs, and asked that the team be invited to a future Council meeting for recognition of its efforts. Council Member Ferris added that the Commonwealth of Virginia was indeed being well represented. At 3:47 p.m., the Mayor declared the Council meeting in recess for a Closed Meeting in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building. At 4:45 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 Council Member Price. I I I I 441 COUNCIL: With respect to the Closed Meeting just concluded Council Member Rosen moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters 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 Trinkle, Bestpitch, Ferris, Lea, Rosen, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) At 4:45 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Court G. Rosen, and Mayor David A. Bowers-5. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. 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 David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor advised that Governor Bob McDonnell and the State Board of Education announced on Thursday, January 13, 2011, that 728 schools and nine school divisions earned 2011 Virginia Index of Performance Awards for advanced learning and achievement, noting that the incentive program which was created by the Board of Education in 2007 recognizes schools and divisions that achieve excellence goals and far exceed minimum state and federal accountability standards. 442 Mayor Bowers announced that Crystal Spring Elementary and Grandin Court Elementary Schools were two of the 323 schools to earn the Board of Education I Excellence Award, and Preston Park Elementary School was one of 289 schools that earned the Board of Education Competence to Excellence Award for having met all state and federal benchmarks for at least two consecutive years and for making progress toward the goals of the Governor and the Board of Education. In connection with the abovementioned awards, the Mayor recognized Kathy Tate, Principal of Crystal Spring Elementary School, and Terri Pritchard, Principal of Grandin Court Elementary School; and Eric Fisher, Principal of Preston Park Elementary School. NEIGHBORHOOD ORGANIZATIONS: Mayor Bowers recognized Roanoke's First Youth Neighborhood Organization, under the leadership of Estelle McCadden, President, Melrose-Rugby Neighborhood Forum. PUBLIC HEARINGS: STATE HIGHWAYS-EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, March 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 portion of a parcel of City-owned property to the Virginia .Department of Transportation (VDOT), designated as a portion of Official Tax Map No. 4250203, consisting of 13,591 square feet, more or less, in order for the property to be used by I VDOT as a right-of-way to support a VDOT improvement project at the intersection of Riverland Road, Bennington Street, and Mount Pleasant Boulevard, S. E. The City also proposes to convey (1) a permanent maintenance easement to VDOT across a portion of Official Tax Map No. 4250203, of variable length and width totaling 9,851 square feet, more or less, to permit future maintenance of proposed drainage improvements; (2) a temporary construction easement to VDOT across a portion of. Official Tax Map No. 4250203, of variable length and width totaling 27,519 square feet, more or less, to accommodate reconstruction of the entrances to Fire Station No. 11 on said parcel and construction of drainage improvements; (3) permanent above ground and underground utility easements to Appalachian Power Company, of variable length and width totaling 3,920 square feet, more or less, and Verizon, of variable length and width totaling 11,720 square feet, more or less, across portions of Official Tax Map No. 4250203, to permit certain utility improvements, relocation and maintenance of certain facilities owned by those companies; and (4) a temporary construction easement to VDOT across a portion of Official Tax Map No. 4350701, of variable length and width totaling 8,306 square feet, more or less, to accommodate construction of the project, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, March 11,2011. (See publisher's affidavit on file in the City Clerk's Office.) I I I I 443 The City Manager submitted a written communication recommending execution of the necessary documents providing for conveyance of the City-owned property and property interests to the Virginia Department of Transportation, upon certain terms and conditions, subject to approval as to form by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#39086-032111) AN ORDINANCE providing for conveyance of certain City-owned property and property interests to the Virginia Department of Transportation (VDOT) to support the Riverland Road/Bennington Street/Mount Pleasant Boulevard Intersection Improvements Project ("Project"); authorizing the City Manager to execute the necessary documents providing for the conveyance of the City-owned property and property interests, upon certain terms and conditions; and dispensing with the second reading of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 599.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39086-032111. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present wishing to speak on the matter; there being none, he declared the public hearing closed. Mark Jamison, Transportation Manager, shared information with regard to various conceptual designs relating to the project, and he also gave an update on the status of the project. In response to inquires by Council Member Rosen regarding the project, Mr. Jamison explained that the transfer of City-owned property to Virginia Department of Transportation (VDOT) was for the purpose of creating a roundabout at the intersection of Riverland Road, Bennington Street and Mount Pleasant Boulevard, S. E. In addition, he emphasized that Fire Station No. 11 would not be affected by the improvements, and construction will commence in the summer of 2012, with some utility relocations beginning in June 2011. He pointed out that construction involving the greenway would be performed at night; however, an acceptable surface would be put in place in order for continual use of the greenway. (See copies of conceptual designs on file in the City Clerk's Office.) 444 Due to concerns expressed by residents in the Riverland Road/Bennington I Street/Mount Pleasant Boulevard, S. E. neighborhood regarding construction of a roundabout to improve traffic operations in the corridor at the intersection, Mayor Bowers advised that he would be voting no in support of the project. Following additional comments and responses to questions with regard to the project, Ordinance No. 39086-032111 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen-5. NAYS: Mayor Bowers-1. (Council Member Price was absent.) Vice-Mayor Trinkle offered the following ordinance: (#39087-032111) AN ORDINANCE authorizing the conveyance of a permanent above ground and underground utility easement, of variable length and width totaling 3,920 square feet, more or less, across City-owned property located on Bennington Street, S. E., designated as Tax Map No. 4250203, 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. 74, page 601.) I Vice-Mayor Trinkle moved the adoption of Ordinance No. 39087-032111. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen-5. NAYS: Mayor Bowers-1. (Council Member Price was absent.) Vice-Mayor Trinkle offered the following ordinance: (#39088-032111) AN ORDINANCE authorizing the conveyance of a permanent above ground and underground utility easement, of variable length and width totaling 11,720 square feet, more or less, across City-owned property located on Bennington Street, S. E., designated as Tax Map No. 4250203, to Verizon Virginia, Inc. (a/k/a Verizon), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 602.) I I I I 445 Vice-Mayor Trinkle moved the adoption of Ordinance No. 39088-032111. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Rosen-5. NAYS: Mayor Bowers-1. (Council Member Price was absent.) OTHER BUSINESS: COUNTRYSIDE: Christopher Chittum, Planning Administrator, shared information pertaining to the proposed Countryside Master Plan, which identified purposes for specific sections or zones of the property, including single-family dwellings or townhouses; commercial urban agriculture, including a community farmer's market; a neighborhood park; natural areas; greenways; feeder trails; commercial and recreational development; and natural stormwater management. Mr. Chittum pointed out that the proposed plan's development would be implemented in phases as City funds permit as well as market conditions would allow. He also highlighted the following information: 446 I Critical Design Principles I . Efficient land use . Preservation . Residential diversity . Well-designed and connected street system . Integrated recreation facilities and civic spaces . Small-scale commercial buildings . Future neighborhood center . Urban agriculture I I I R_""" SinlIle-famlly .ncuor I"""""" Clw9lII<lglI Noig_ COl)1mCt<iDl (r_J ~atfonAreas. ~I <_.liG"' -1JiDJ. inst>M;ono11 . R.-.tioo Agticunure g COnstructed natlafal oN41agrteuttura- '.~;:~ ~rManogement II RPl New Street Conneclions. Alloys I 447 448 I I I I I I 449 450 I I I 451 I I I 452 I ..... I I I I I 453 454 I I I I I I 455 (For full text, see copy of the Countryside Master Plan on file in the City Clerk's Office.) Mr. Chittum explained that, with the Council's approval, the proposed plan would be presented to the City Planning Commission for its approval, with a recommendation in June 2011 to the Council for the Countryside Master Plan to be included as a component of Roanoke's 2001/2020 Comprehensive Plan. He indicated that following the adoption of the Plan, City staff would also be instructed to identify potential public investments, such as park or greenway development, to market each planning area as a development opportunity and solicit for proposals, and to develop a process to evaluate proposals for recommendation to City Council. Valerie Garner appeared before the Council and expressed appreciation to City staff and the Planning Commission for their efforts over the past six months. Following her comments, she asked for consideration of the following items: . The City Planning Commission agreed at its meeting to strike any leasing of the designated green space for lease or future sale. The portion on Portland designated for urban agriculture is an exception; · Page 14 of the proposed Plan shows a good picture for passive natural area is preferred with the anticipated greenway feeder trails. Page 15 showing vineyards and orchards is not practical in the residential neighborhood; 456 . The neighborhood strongly recommends that the $1.5 million in the Parks and I Recreation Master Plan be used for the "greening" of the Countryside property. As the City"Planning Commission agreed, it would spru'ce up/clean up the dilapidated look of the property since the golf course closed. . . The neighborhood organization would like to be included on the evaluation team as det~iled. on Page 25 of-the plan. One or two neighbors associated with their particular area. ~ . Consider mowing the center portions of the 10th, 11th and 1ih fairway. The 50- foot mowing around the homes stil.I leaves the unsightly middle. With the large mowers already there, it would take little time and effort to finish up the center portiorlS where residential homes reside. . Ask that the cement barricades be removed from the cart paths. That would leCive only the barricades at the entrance and pavilion. The barricades removed on Mattaponi have not caused a problem. (For full text, see copy of comments on file in the City Clerk's Office.) Vice-Mayor Trinkle thanked the City Manager and the City Planning Gommission for a job well done, and thereafter, inquired if the realtor contracted by the City had been I involved in any discussions with regard to the use of the property and the land value;' whereupon, Mr. Chittum said that there are two realtors serving as Il)embers on the City Planning Commission, who have consurted with other realtors. The City Manager interjected that the local realtors contacted were pleased with the work performed thus far. Vice-Mayor Trinkle asked about the use of cart paths for access to the greenways and if impervious surfaces could be incorporated; whereupon, Mr. Chittum deferred to t~e greenway people for response. Council Member Bestpitch expressed his gratitude .for all of the hard work that had gone into the project, adding that since the beginn1ng of discussions to acquire the property at Countryside, the biggest concern was whether the property was to continue as a golf course, and if not, no development would occur that could jeopardize the value of the property in said area, adding that the current plan does take property values into consider~tion. He inquired if any of the neighborhood organizations or recreation clubs had expressed an interest in using the former clubhouse for meeting space or concessions for the athletic fields; whereupon, Mr. Chittum confirmed that there had been interest expressed in using the available space in the former clubhouse as well as the tennis courts. I 457 I, Council Member Rosen referred to the community farmer's market that had been mentioned during the presentation and asked how it would be established; whereupon, Mr. Chittum explained that the person producing the food would be the responsible party for the set up. Council Member Rosen inquired about employment uses and orienting buildings for offices and how such development would be accomplished; whereupon, Mr. Chittum commented that the City was still evaluating all of its options. Following lengthy discussion of the matter, Council Member Ferris offered a motion to refer the proposed Countryside Master Plan to the City Administration and City Planning Commission for finalization and for a recommendation to be brought back to the Council. The motion was seconded by Council Member Rosen and adopted. 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 handling as he deems appropriate. Amy Cosner, President, Dorchester Court Neighborhood Association, appeared before the Council and commented on the disposition of the Huff Lane Park property. I (See copy of comments on file in the City Clerk's Office.) Robert Gravely appeared before the Council and made various comments about the economy and lack of jobs for the citizens of Roanoke. There being no further business, the Mayor declared the meeting adjourned at 8:40 p.m. APPROVED ATTEST: /'m . hllJ)0-t0 Stephanie M. Moon, MMb . . City Clerk David A. Bowers Mayor I 458 ROANOKE CITY COUNCIL-REGULAR SESSION April 4, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, April 4, 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, Reaular Meetings, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6,2010. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea (arrived late), 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. At this point, Council Member Lea entered the meeting (9:02 a.m.) 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.) Vice-Mayor Trinkle 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 Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. I I I I I I 459 COUNCIL: A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Price moved that Council concur in her request 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, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice, 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 Ferris moved that Council concur in the request from the City Attorney to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: Budaet -Financial Plannina FY12: Amelia Merchant, Director of Management and Budget highlighted the following information regarding the FY 2012 Budget Development: 460 Agenda . Capital Improvement Program . The Price of Government . Revenue Projection Changes . Use of Revenue Growth . Revenue History . Historical Reductions to Balance the Budget . Expenditure Focus Areas . Reserved Allocations . Priority Allocations . Allocation and Offer Summary . Priority Status Updat~s . Priority Summary . Revenue Adjustments/Enhanc:::ements . Next Steps Capital Il11prpvern~nt Program · Maintain Current CaRital As?ets · Infrastructure Investment for Livability and Economic Development ,'. 'n ',., .,,', · Bridge Renovatior/Replacf}ment · Curb, Gutter and S!d~walk · ~treetscape Projects · Stormwater Improvem!3nts · Civic Center · School Maintenance · Targeted Livability Investments · Parks and Recreation Master Plan · Libraries Investments made within parameters of debt limitations I 2 I I I I I Planned Bond Issuance Prolect 2012 2013 2015 2016 ~ Total 2014 I II I !P&R Master Plan 1.250.000 1,500,000 1,500,000 1.500.000 5,750,000 I iP&R Master Plan - Countryside 1.500,000 IDigital Rado 2.000.000 2,110,000' 4.110.000 [Bri~e Renovation 1.030.000 1,100,000 2.800.000 2,600,000 7.530.000 i Storm Drains 1,120.000 1,120,000 1.120,000 1,120,000 1,120,000 5.600.000 ~ry Master Plan 2,750,000 800.000 10.445,000 13,995,000 IStre.t Scapes 400.000 500,000 900,000 ~'NOOd Park Improvements 1.900.000 2,800,000 4,700,000 ICilJic Center 750,000'r 1,000,000 1,500,000 I 1,500,000 1.500,000 6,250,000 Subtotal 6.400.000 8,880,000 10.170.000 r . 7.720.000 17.165.000 48.835.000 I I i FY 2011-2015 CIP 11.308,000 14.942,000 15,750,000 I 0 0 53.921.925 i I I ! Reduction in Planned Debt Issuance 4,908,000 6.062.000 5.580.000 N/A N/A I ! , I ! ~y: Public Schools 1.900.000 2,000,000 5.000.000 I 5.000,000 I 5,000,000 I 18,900,000 I 5 Ratio of Debt Service to General and School Fund Expenditures (10%) Total Debt Service as % of Total Expenditures Reflects Planned Future Debt Issuance 12.0% 8.1% __J5% 10.0% 9.9% 9.8% 10.0% 8.9% 8.8% 8.6% 8.0% 6.0% 4.0% 2.0% 0.0% 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 The goal is to remain below the 10% line. This limit is the most constraining to our debt issuance for FY12 and FY13 due to contracting budget expenditures. 6 461 462 FY 2012 Capital Projects (Cash & Debt Funded) Project Recommended Previously Planned 'Funded through Excess Debt funding Digital Radio Conversion $2,000,000 $4,108,000 Schods 1,900,000 Parks and Recreation Master Plan 2,700,000 Parks and Recreation Master Plan - Countryside 1,500,000 1,500,000 Stormwater Improvements 1,120,000 Stormwater ManagemenVNPDES 49,820 49,820 Bridge Renovation 1,030,000 Curb. Gutter and Sidewalks 1,000,000 Civic Center 750,000 Bridge Maintenance 500,000 500,000 Elmwood Improvements/Performance Area A&E '300,000 1,200,000 Library Master Plan 800,000 VDOT Matching Funds 251,800 251,800 Greenways Matching Funds 200,000 200,000 Center in the Square '300,000 '300,000 YMCA 200,000 200,000 Science Museum '10q,000 '100,000 Harrison Museum '100,000 '100,000 TOTALS $10,301,620 $13,009,620 Additional Uses of Excess Debt Funding Deer Culling $ 75,000 Grant Cash Match 200,000 Capital Project Contingency 351,608 Total Additional Uses $626,608 I 13,<. 7 I 8 I I I I 463 c--- !~7' . ~ Elmwood has evolved over time 10 The City Manager advised that the intention is to improve Elmwood Park and use it for all festivals, etc., but also to be an active park for the community when festivals are not taking place. Vice-Mayor Trinkle commended the City Manager on his summarization of the Elmwood Park project and expressed that $300,000.00 was a good number to begin the long process to improve the park. At this point, Vice-Mayor Trinkle left the meeting (9:45 a.m.) The City Manager advised that funds could be appropriated prior to the issuance of debt so that the project can begin as soon as it's ready. Council Member Lea advised that some residents simply do not come to the park and the City must work to make it a community venue. He urged the City Manager to pay close attention to the marketing of the park to engage all r~sidents. After further dialogue with regard to the Elmwood Park project; the Mayor advised that citizens may comment on budget matters at the April 28th budget public hearing and Council was of the consensus to move forward with the project. At 12:05 p.m., the meeting was recessed. At 12:20 p.m., Vice-Mayor Trinkle reentered the meeting. 464 At 12:25 p.m., the meeting was reconvened, with Mayor Bowers presiding and all I Members of the Council in attendance. The City Manager continued with the presentation: The Price of Government is $256,813,000 I I FY11 FY12 .1 l i I I Adopted Estimate Change % Change IGeneral Property Taxes I 10.1,962,0.0.0. 1D1,497,~ (465.0.0.0.) -0.5%1 rather Local Taxes I , i ! Sales 17.995,0.0.0. 18.515.0.0.0. 520..0.0.0. 2.9%1 I ~pared Food & Be\erage i 15.341,0.0.0. 16.335.0.0.0. 994.0D~ __ 65%1 r- Business License 12.0.86,0.0.0. 11.910..0.0.0. (176.0.0.0.) - -1.5%1 ~ ~y 9.379,DDD 9.503.DDD 124.0.0.0. 1.3%i , Telecommunications 7.295.DDD 7.682,0.0.0. I 387.0.0.0. 5.3%1 I Transient Occupancy_ ----1.521.0.0.0. 2.824.~1 30.3,0.0.0. I 12.0.%1 i Bank Stock 80.0.,0.0.0. 1.20.0..0.0.0. 400,0.0.0.1 50.0%1 ! Other Local Taxes I 6.211,0.0.0. 5.982.0.0.0. (229,0.0.0.), I -3.7%1 'Total Other Local Taxes 71.628.0.0.0. 73.951.0.0.0. 2.323,0.0.0. 3.2%i , IPermits Fees & Licenses 1,0.38.0.0.0. 1,0.53.0.0.0. 15.0.0.0. 1.4%1 !Fines and Forfeitures 1.60.6.0.0.0. 1.507.0.0.0. (99.DDD) -6.2%1 , ~ergo\emmental I I Noncategorical 7.858.0.0.0. 7,944,0.0.0. 86,0.0.0. 1.1%1 ! Shared 8.565.0.0.0. 8,631.0.0.0. 68,0.0.0. , 0.8%1 ! Welfare 30.,484.0.0.0. 32.568.0.0.0. 2.0.84,0.0.0. 6.8%1 : Other Categorical 19,498,0.0.0. 19,223.0.0.0. I (275.0.0.0.)1 -1.4%1 ~govemmental 66,40.5.0.0.0. 68.386.0.0.0. 1,961,DDD I 3.0%1 'Charges for Se,.,,;ces 10.,0.24,0.0.0. 9.7D~~ _(316.0.0.0.)1 -3.2% 1 Other 70.0.,0.0.0. 731,0.0.0. 31.0.0.0. 1 __ 4.4%1 c:::r= I 253.363,0.0.0. I I 256,813,0.0.0. ! I 3,450,0.0.0. It-1.4% i I Total General Fund Revenues , I 21 I Revenue Projection Changes Since 3/7/11 B FY12 FY12 Il ChanH Estimate Estimate -\_ .~ince 317111 4/4/11 i I 317111 iGeneral Property Taxes 10.1.493,0.0.0. 10.1,497.0.0.0. 4,0.0.0. , :Other Local Taxes , Sales 18.367,0.0.0. 18.515.0.0.0. 1..~ ~ ~pared Food & Beverage 16.0.96,0.0.0. 16,335,0.0.0. 239,0.0.0. , Bank Stock 800.,0.0.0. 1,20.0.,0.0.0. 40.0.,0.0.0. I Other Local Taxes 37,811,0.0.0. 37,90.1,0.0.0. 90.,0.0.0. ITotal Other Local Taxes 73,0.74,0.0.0. , 73,951,0.0.0. 877,0.0.0. ~ergovemmental Noncategorical 7,777.0.0.0. 7.944,0.0.0. 167.0.0.0. I Shared 8.865.0.0.0. 8,631,0.0.0. (234.0.0.0.) I Welfare 33.255.0.0.0. 32.568.0.0.0. (687.0.0.0.) ! Other Categorical 19.192.0.0.0. 19.223,0.0.0. 31.0.0.0. iTotallntergovernmental 69,0.89.0.0.0. 68,366,0.0.0. (723.0.0.0.) 'Permits Fees & Licenses 956.0.0.0. 1,0.53.0.0.0. 97,0.0.0. : Charges for Se,.,,;ces 9.542,0.0.0. 9.70.8,0.0.0. 166,0.0.0. lather 2.250,0.0.0. 2.238.0.0.0. (12,0.0.0.) 1 ' iTotal General Fund Revenues I 256,404,0.0.0. I 256,813,0.0.0. I ! 40.9,0.0.0. I I 22 I I I I Use of Revenue Growth Revenue Growth $ 3,450,000 Dedicated Social Services Revenue (2,084,000) Subtotal 1,366,000 School Share (Local Tax Revenue) (929,200) Retirement, Medical and Dental Cost (1,768,263) Increases ($ 839,063) *No real estate or other local tax rate increases 23 465 Sherman Stovall, Assistant City Manager for Operations, noted that slide 23 displayed the use of the revenue growth and the increases leaving the City at a deficit of $839,063.00. Projected Revenue Still Below Peak Years 265 III c: o ~ 260 :i: . Actual 255 . Adopted Without Meals Tax 250 - 245 iii Proposed Without Meals Tax and Incremental Social Services Revenue 240 FY FY FY FY FY FY 2007 2008 2009 2010 2011 2012 24 466 Historical Reductions to Balance the Budget I .~ :! $10 $9 $8 $7 $6 $5 $4 $3 $2 $1 $0 FY 2007 FY 2008 FY2009 FY 2010 FY 2011 Includes FTE reductions of 188 since FY 2007. 25 Difficult Measures to Balance the Budget I . General building maintenance, capital building maintenance . Technology Capital . Vehicular equipment replacement . GRTC Subsidy . Street sweeping activities, street paving, loose leaf collection, mowing frequency, bulk/brush collection frequency . Parks and Recreation horticulture and beautification, athletic field and park mowing, urban forestry, Youth Services, fitness centers, aquatic facility operations . Police Cadet Program, Mounted Patrol, administrative positions . Virginia Juvenile Community Crime Control Act (VJCCCA) - Crisis Intervention program . Library branch operating hours, collection materials, library programs, technology, magazines and newspapers, bookmobile service . Neighborhood Improvement Grants, Citizen Service desk . Employee programs, ICMA Savings Plan Match, tuition reimbursement . Contributions, Sponsorships and Memberships 26 Council Member Bestpitch inquired as to the variation of the adopted budget and the actual budget; whereupon, the Director of Finance indicated that the actual budget should meet or exceed the adopted budget because several local taxes were exceeding the estimates. I I I I 467 Council Member Lea suggested that raises or bonuses for City employees be considered; whereupon, the City Manager advised that it was appropriate to issue a one-time increase across the board to the front line employees and he would attempt to find it within the budget. He also mentioned that the City schools were issuing a bonus of $1,500.00 for teachers and $800.00 for staff, and unfortunately, the City was not eligible to receive said bonus amounts because the School Division was using federal funds. Council Member Ferris suggested that total mandates from the State be presented at the Budget Study on Thursday, May 5. Balancing Challenges Non-Discretionary · Retirement Contribution · Medical, Dental Employer Contributions · Cost Increases (Utilities, Fuel) Focus Areas · Fleet Replacement · Capital Building Maintenance · Technology Enhancements/lnfrastructure · Employee Compensation and Benefits · Select Program Enhancements/Restorations 27 468 Organization-Wide Expenses I Transfer to Debt Service $15,517,815 Personnel Lapse (Salary, (2,052,246) FICA, Retirement) Budget Contingency 1,211,927 Other (Medical, Dental, W/C, 4,056,739 Misc Contingencies, Budget Stabilization, Risk Management Reserve) Budgeting for Outcomes 775,329 Contingency 28 Priority Allocations I Good Government $15,280,920 6% Infrastructure $24,825,001 11% Education $77,136,176 33% Safety $60.575.424 26% 29 I I I I 469 Allocation and Offer Summary Round 1 Round 1 Variance Round 2 Round 2 Variance Allocation Total Offers Allocation Adjusted Offers Economy $ 3,356,169 $ 3,474,077 $ (117,908) $3,316,453 $ 3,386,452 $ (70,000) Education 77,023,406 76,716,540 (306,866) 77,136,176 77,199,976 (63,800) Good 15,097,108 15.787,356 (690,248) 15,280,920 15,298,485 (17,565) Government Human 40,160,274 45,098,250 (4,937,976) 41,648,343 42,318,410 (670,067) Services Infrastructure 25,088,727 32,798,013 (7,709,286) 24,825,001 26,726,115 (1,901,114) Livability 14,329.536 16,681,801 (2,352,265) 14,521,119 16,403,029 (1,881,910) Safety 60,161,082 61.626,551 (1,465,469) 60,575,424 60,796,903 (221,479) TOTALS 235,216,302 252,182,588 ( 17,580,018) 237,303,436 242,129,370 (4,825.935) ''In Council Member Ferris inquired if the City's medical and dental benefits were self-insured and governed by the ERISA Program; whereupon, Andrea Trent, Assistant Director of Finance, replied that the City was not governed by the ERISA Program and the City was self-insured for the medical benefits, but not the dental portion. Council Member Rosen asked if it was a good idea to price the health insurance now that two competitive companies would exist within the City; whereupon, the City Manager explained that the City contracts out to a third party to administer the plan, but not the plan itself. Ms. Merchant introduced the individual teams assigned to review each category within the budget; and indicated that each Member of Council would receive a working budget document addressing the detailed information for each offer submitted. Mr. Stovall explained that the Greater Roanoke Transit Company subsidy has been decreased from $1.4 million to $1.2 million by adjusting the levels of service. He pointed out that an increase in subsidy of $600,000.00 in FY-2012 was anticipated due to increases in insurance and fuel costs, and to keep the subsidy at the current level, additional adjustments in services would need to be made, such as eliminating the 30- minute intervals, operating solely on an every hour based system and discontinuing the college express service from Ferrum and Roanoke COlleges and Hollins University. 470 In response to an inquiry about the number of passengers that would be affected by the possible adjustment in bus services, Mr. Stovall advised that the adjustments would affect approximately 1,000 bus riders per day. In response to Vice-Mayor Trinkle's request for clarification about how costs are incurred for Civic Center rental, Mr. Stovall advised that the costs were incurred when the City sponsored an event for a non-profit organization. Safety (continued) Within Allocation Amount (continued) Sheriff/Jail - $15,296,571 - Jail Operations - $12,187,365 - Sheriffs Office Operations - $2,811,471 - DARE Program - $297,735 Transportation - $2,489,227 - Traffic Signals - $673,762 - Signs & Pavement Markings - $659,476 - Street Lighting - $1,155,989 VJCCCA - $313,842 - Enhanced Community Services - $77,145 - Outreach Detention/Electronic Monitoring - $236,697 63 Council Member Ferris requested detailed information on the breakdown of the Constitutional Officers' budget. I I I I I I 471 Safety (continued) Program Exoansions/Restorations - $106.000 . Transportation - Traffic Signals - $25,000 - Signs and Pavement Markings - $81,000 Exceeds Prioritv Allocation Amount - $221.479 . Fire - Roanoke Emergency Medical Services (REMS) - $150,000 . Risk Management - Safety Specialist - $53,520 . Solid Waste - Environmental cleanup - $17,959 64 Mayor Bowers commented that it may cost the City in the long run to adjust risk management services and encouraged the City Manager to take study the matter prior to reducing services. Council Member Rosen commented that the gap in the infrastructure category concerned him and may hurt the City in the long run. Priority Summary Priority Round 2 Round 2 Variance Allocation Adjusted Offers Economy $ 3,316,453 $ 3,386,452 $ (70,000) Education 77,136,176 77,199,976 (63,800) Good Government 15,280,920 15,298,485 (17,565) Human Services 41,648,343 42,318,410 (670,067) Infrastructure 24,825,001 26,726,115 (1,901,114) Livability 14,521,119 16,403,029 (1,881,910) Safety 60,575,424 60,796,903 (221,479) TOTALS 237,303,436 242,129,370 (4,825,935) 65 472 Revenue Adjustments/Enhancements I Fee Title Current Proposed Fee/Rate Incremental Description Fee/Rate Revenue Preliminary Building Plan N/A $10% of Building Permit Fee $4,000 Fee for plan Review Fee review of projects to be completed in other jurisdictions Campbell Garage - Long $45 $35 $15,700 Alignment of rate Term Parking (Current $35 Special Rate) Residential Parking Rate N/A Monthly Rates: $47,520 Establishment of a Campbell Garage - $11.25 residential parking Center in the Square Garage - rate $17.50 Church Avenue Garage - $16.25 Elmwood Park Garage - $16.25 Gainsboro Garage - $11.25 Market Garage - $16.25 Tower Garage - $16.25 Warehouse Row Lot15 Market Lot - $17.00 Elmwood Lot - $12.50 Williamson Lot - $13.75 Higher Ed Center Lot - $11.25 66 Next Steps I · April 18 - Recommended Budget Presentation · April 28 - Public Hearing · May 5, 6 - Budget Study · May 9 - Budget Adoption 67 (For full text, see presentation on file in the City Clerk's Office.) I I I I 473 Mayor Bowers advised that Vice-Mayor Trinkle and Council Member Ferris would be absent for the April 28 Budget Public Hearing, and Council Member Rosen would be absent at the May 9 recessed meeting to adopt the Recommended Fiscal Year 2011- 2012 budget for the City of Roanoke. He expressed appreciation to City staff for an informative presentation. At 1 :01 p.m., Mayor Bowers declared the meeting in recess until 2:00 p.m., in the Council Chamber for a Closed Meeting. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen, David B. Trinkle and Mayor David A. Bowers-7. ABSENT: None-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Reverend Thomas Bradley Smith, Jr., Senior Pastor, Rosalind Hills Baptist Church. The Mayor called for a Moment of Silence in recognition of the Anniversary of the death of Dr. Martin Luther King, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: At this point, Council Member Lea entered the meeting (2:05 p.m.) 474 ACTS OF ACKNOWLEDGEMENTS-SCHOOLS: The Mayor recognized Kevin I Taylor, a student at Roanoke Academy for Mathematics and Science (RAMS) as the U. S. Department of Education Office for Civil Rights Poster Contest Winner. Mayor Bowers stated that in December 2010, several employees from the Office for Civil Rights saw the wonderful posters displayed in Jennifer A. Shamy, an art teacher's classroom, while visiting RAMS and were impressed with Master Taylor's anti-bullying poster "Ride the Elephant of Knowledge --- Crush Bullying Out!". He added that the poster is currently framed and displayed in the U. S. Department of Education's Main Office Building in Washington, D. C. Mayor Bowers presented Master Taylor with a personal copy of the poster. ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized Imani McNeal, a third grader at Roanoke Academy Elementary School and Mariah Sellers, a fifth grader as Fair Housing Poster Contest Winners. PROCLAMATIONS-FAIR HOUSING: The Mayor declared the month of April 2011 as Fair Housing Month. Mayor Bowers presented the proclamation to the City Manager. (See copy of proclamation on file in the City Clerk's Office.) I PROCLAMATIONS-DISABILITIES: The Mayor declared the month of April 2011 as Autism Awareness Month. Mayor Bowers presented the proclamation to Lavada Robertson, a representative of Autism Speaks. (See copy of proclamation on file in the City Clerk's Office.) PROCLAMATION-PARLIAMENTARIANS: The Mayor declared the month of April 2011 as Parliamentary Law Month. Mayor Bowers presented the proclamation to Jennie Sue Murdock, President, Roanoke Valley Unit, National Association of Parliamentarians. (See copy of proclamation on file in the City Clerk's Office.) PROCLAMATION-COUNCIL OF COMMUNITY SERVICES-VOLUNTEERISM: The Mayor declared the week of April 10 - 16, 2011 as National Volunteer Week. Mayor Bowers presented the proclamation to Allison Jorgensen, a representative of Council of Community Services; and he also recognized Andrea Martin, City of Roanoke Volunteer Coordinator. (See copy of proclamation on file in the City Clerk's Office.) I I I I 475 At this point, the Mayor recognized the Honorable Charles Dorsey, Judge, Twenty-third Judicial Circuit, and the Honorable Octavia Johnson, Sheriff, for their appearances in connection with Item 7.a.2, under Items Recommended for Action by the City Manager with regard to the Public Service Work Program. Without objection, Item 7.a.2., was moved forward and considered for aCtion by the Council. CITY CODE-CIRCUIT COURT-JAIL: The City Manager submitted a written communication recommending an amendment of the City Code to repeal Section 1-15(b) in connection with the Public Service Work Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#39092-040411) AN ORDINANCE repealing Subsection (b) of Section 1-15, Same--Supervision: prisoners to obey orders: forfeitures for refusal to work. etc., Chapter 1, General Provisions, of the Code of the City of Roanoke, to delete the requirement that those who have custody of prisoners employed outside the City jail take the oath required to be taken by police officers; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 605.) Council Member Ferris moved the adoption of Ordinance No. 39092-040411. The motion was seconded by Council Member Bestpitch. Comments were made by Sheriff Octavia Johnson and Faye Gilchrist, Assistant to the City Manager with regard to the program. There being no additional comments by the Council, Ordinance No. 39092- 0404 t 1 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. 476 Valerie Garner appeared before Council and expressed concern about the I neighbors in Countryside Estates not being notified about an offer from Kissito Health Care to develop some of the property in the neighborhood. She insisted that the City Manager and members of the City Planning Commission be fully transparent with the Countryside residents. In closing, Ms. Garner requested that the neighborhood have representation on the evaluation team. (For full text, see copy of comments on file in the City Clerk's Office.) Tom Clarke, CEO, Kissito Health Care, appeared before Council and shared information regarding a proposal for constructing an adult day care and senior center on the Countryside property. (See copy of documents on file in the City Clerk's Office.) Council Member Rosen thought it would have been inappropriate to proceed with an entity or developer until the Countryside Master Plan had been developed. He further commented that the entire process was extraordinarily transparent and well organized with eight advertised meetings. He added that there had been plenty of opportunities for citizens to make recommendations on the appropriate use of the property, but organizations and other entities should not provide input until completion of the Master Plan. Council Member Bestpitch pointed out that he had attended several of the workshops regarding Countryside and what he had heard from City staff fit exactly with his personal priorities on the process, adding that he believes the first thing to be done is to identify the greenspace, parks and recreational areas, and thereafter, residential areas and then commercial uses for the remaining portion. He remarked that until the three areas have been identified, there would be no way of knowing if there would be enough space for any particular proposal. I Following a lengthy discussion of the matter, the City Manager was instructed to respond back to the Council with a status on the planning process for Countryside, and in response to Mr. Clarke's comments. (See email from the City Manager dated April 11, 2011 in response to Mr. Clarke's comments on file in the City Clerk's Office; and a communication from the City Manager dated April 15, 2011 regarding the status of the Countryside planning process. ) Robert Gravely appeared before Council and spoke about unfair practices towards him as a citizen and violation of his civil rights. He renewed his assertion that the City owes him $7 Million as consolation for the loss of his employment with the City. Evelyn Bethel appeared before Council and expressed commendation regarding I the recognition of the City's youth, and for wanting to give City employees a bonus. I I I 477 Chris Kocher, Amanda Jennings, Tammy Javier, Lisa O'Neill, Jerry Polverno, and Ray Williams appeared before Council and expressed their concerns about the procedures of the Roanoke Center for Animal Control and Protection and their interaction with the organization. (See copies of documentation with regard to the Roanoke Pound (Regional Center for Animal Control and Protection, and written remarks from Chris Kocher and Tammy Javier on file in the City Clerk's Office.) (See copy of email fromR.Brian Townsend, Assistant City Manager for Community Development, with regard to the Regional Animal Control Center 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 were desired, the item would be removed from the Consent Agenda and considered separately. ROANOKE PUBLIC LIBRARY BOARD: A communication from the City Clerk advising of the resignation of Lauren D. Saunders as a member of the Roanoke Public Library Board, 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 Vice-Mayor Trinkle adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. AUDITOR PUBLIC ACCOUNTS: A communication from Walter J. Kucharski, Auditor of Public Accounts, Commonwealth of Virginia, with regard to the audit of the Clerk of Circuit Court of the City of Roanoke for the 2010 calendar year, was before the Council.. (See communication on file in the City Clerk's Office.) 478 Council Member Rosen moved that the communication be received and filed. I The motion was seconded by Vice-Mayor Trinkle adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. OATH OF OFFICE -PARKS AND RECREATION ADVISORY BOARD: Report of qualification of Adam Boitnott as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31,2014, before the Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Council Member Rosen moved that the report of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA I PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE REGIONAL AIRPORT COMMISSION-BUDGET: Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, appeared before the Council and presented the Roanoke Regional Airport Commission's Proposed 2011-2012 Operating Budget and Proposed Capital Expenditures. (For full text, see copies of remarks and proposed budget/capital expenditures on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39089-040411) A RESOLUTION approving the Roanoke Regional Airport Commission's 2011-2012 proposed operating and capital budget upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 603.) I I I I 479 Vice-Mayor Trinkle moved the adoption of Resolution No. 39089-040411. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle and Mayor Bowers- 7. NAYS: None-O. BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Daniel D. Miles, Chief Executive, Roanoke Valley Resource Authority, appeared before the Council and presented the proposed 2011-2012 Annual Budget. (For full text, see copies of the report and proposed FY2011-12 Budget on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39090-040411) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2011-2012, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 603.) Council Member Bestpitch moved the adoption of Resolution No. 39090-040411. The motion was seconded by Council Member Rosen. Council Member Price asked for additional information with regard to the mulch program; whereupon, Mr. Miles explained that untreated wood waste is grounded to generate mulch suitable for replenishing naturalized areas, and is offered to the public for free, but sold commercially to landscapers to refine for landscape use and to companies for use in fire boilers. Council Member Bestpitch pointed out that the budget revenue projections for recycling had increased approximately $6,000.00 and asked about the increase. Mr. Miles responded that the recyclable material was primarily ferrous metals in items known as white goods such as appliances and water heaters, adding that the increase in revenue was from said items. Council Member Rosen asked if it would be better to increase the tipping fees gradually based on the projection that reserve funds will be depleted at the end of the year; whereupon, Mr. Miles explained that the bond debt should be retired in the following year and the debt service will be eliminated; and the deficit in the operating program will require a gradual increase over time. 480 Mayor Bowers inquired about the life span of the Smith Gap Landfill. Mr. Miles I indicated that there is about 50 to 60 years of permanent capacity and it is anticipated that this will be the last landfill needed for many years. There being no additional questions and/or comments by the Council Members, Resolution No. 39090-040411 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: STATE ASSETS: The City Manager submitted a written communication recommending appropriation of funds for State Asset Sharing and Federal Forfeited Property Sharing programs. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: I (#39091-040411) AN ORDI NANCE to appropriate funding from the State Asset Sharing Program, the Department of Justice Federal Asset Sharing Program, and the Department of Treasury Federal Asset Sharing Program, for enhancing law enforcement operations, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 604.) Council Member Bestpitch moved the adoption of Ordinance No. 39091- 040411.The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. I I I I 481 COMMENTS BY CITY MANAGER: The City Manager encouraged citizens to participate in the community celebration of Earth Day in the Grandin Village neighborhood on Saturday, April 23, from 11 :00 a.m. - 3:00 p.m., in the block between Roanoke Food Co-Op and Too Many Books. He mentioned that the event was free and would include kids' activities, interactive displays from eco-conscious businesses, and music. In addition, local farmers and food vendors would be stationed inside Roanoke Natural Foods Co-Op so patrons could taste local foods. He pointed out that exhibitors stationed outside would include the Kiwanis Club, Pathfinders for Greenways, the Citizens for Clean and Green Committee, Roanoke City Parks & Recreation, Roanoke Public Libraries, Clean Valley Council, Friends of the Blue Ridge Parkway, Valley Beautiful, Roanoke Ride Solutions, Roanoke Valley Cool Cities, and many more. Mr. Morrill reminded the public that brush collection occurs on their regular trash collection day during the same week that paper recycling is collected; and that any brush placed in paper yard waste bags or plastic bags is considered bulk and will be collected on bulk week, which is the same week that bottle and cans are collected. In addition, he reminded citizens that the 2011 Recycling Calendar with dates for collection of bulk, brush, and recycling was posted on the City's website at www.roanokeva.gov under "Read About." DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the February 2011 Financial Report. (For full text, see Financial Report on file in the City Clerk's Office.) Ms. Shawver gave a brief commentary with regard to the February Financial report and highlighted the City's financial results for the first eight months of this fiscal year as following: FY11 General Fun Overview . Revenues declined 2% in FY10 . FY11 adopted budget 1.4% lower than FY10 adopted · Revenue through February increased 2.6% from FY10 · Expenditures through February down 3.8% from FY10 . Performance fairly consistent at mid year . Most local taxes have increased · Performance is viewed with cautious optimism - unemployment remains fairly high; economic challenges remain 482 Sales Tax Steadily Improving Each Month This Year . FY11 Revenue Estimate $17.995 Million (Revenue 2.8% over last year and 3.2% higher than YTD budget. This is a fifth consecutive month of growth. The YTD growth and improvement over budget has improved every month of the fiscal year. The Franklin Road Wal-Mart closed in late January which will negatively impact sales tax the balance of the fiscal year. Growth of 2% for the year is expected at a minimum.) Personal Property Tax . Personal Property Tax Revenue Estimate $16.884 Million (The third largest tax - billed April 15, due May 31) Meal Tax Continues Strong Performance . FY11 revenue estimate $15.341 Million (When adjusted for the tax rate change, revenue increased 2.5% from FY10 and is 3.0% over budget) BPOL (Business and Professional Occupational License Tax) . FY11 Revenue Estimate $11.695 Million (tax due was March 1st) (Revenues are 2.7% below last year with 92% of budget collected. Current expectations are for BPOL to decrease in the range of 3 to 4% compared to the prior year and to fall short of budget by 4% or $450,000.00 - $500,000.00.) Telecommunications Tax Exceeding Budget and Prior Year . Telecommunications Tax Revenue Estimate $7.295 Million (Telecommunications tax revenue is 4.4% over budget and has increased 5.9% since FY10. A refund in FY10 negatively impacted that year and yields a favorable FY11 performance.) Lodging Tax Exceeding Budget and Prior Year . Transient Occupancy Tax Revenue Estimate $2.521 Million (Lodging tax revenue is 11.2% over budget and has increased 7.1 % since FY10. Collections of past due amounts skew the performance of this which will settle at a moderate growth level by the end of the fiscal year.) Cigarette Tax Below Prior Year But Above Budget Has Improved Significantly in January and February . Cigarette Tax Revenue Estimate $2.393 Million (Cigarette tax revenue has decreased 3.9% since FY10 but is now 2.1 % over budget. This tax would meet its budget based on the past two months of strong performance, but March appears again to be weak. A $100,000.00 shortfall is currently expected.) Admissions Tax Below Prior Year and Below Budget . Admissions Tax Revenue Estimate $0.438 Million (Admissions tax revenue has decreased 2.3% since FY10 and is 5.7% below an optimistic budget. Revenues are currently expected to fall slightly short of budget.) I I I 483 I Funding From the Commonwealth 26% of Budget . Budget revenues down nearly $3 Million or 4.2% from FY10 (1) Non-categorical is negative in FY11 as a result of Aid to the Commonwealth paid that exceeds revenue from the Commonwealth in this category. The Aid to Commonwealth of $1.5 million is the City's share of the $60 million in cuts to localities. (2) Also, though funding of Social Services has increased, the local share burden creates net cost to the City of $500,000.00 to $700,000.00 depending upon local share requirement. This leads to the negative trend indicator. Other Local Revenues . All other revenues comprise 5% budget and performing as expected (Rental income is down as expected due to sale of Commonwealth Building. Decreased revenues from housing of prisoners and EMS billings negatively impact Charges for Services. Closure of Airport Fire Station eliminated billing to Airport for Fire Service, impacting Internal Services Category. Personnel (Salary/Benefit) Lapse Performing Ahead of Target . Fiscal year savings projected to exceed $1.7 million budget by $1 million Public Safety Overtime and Fire/EMS Part-time Above Target . Expenses $25,800.00 above target Workers' Compensation Expenses Above Target · Expenses $122,200.00 above target Comprehensive Services Act Expenses Below Target . February year-to-date expenses are $301,000.00 below target. (Based on approved services, expenditures could exceed budget by $900,000.00, with a local share cost of approximately $300,000.00.) Residential Juvenile Detention Expenses Below Target . Residential Juvenile Detention Expenses Below Target Expenses $348,400.00 below target Solid Waste Tipping Fees Below Target . Expenses $183,300.00 below target Motor Fuel Expenses Below Target . Expenses $61,100.00 below target Civic Facilities Fund - Comparative Statement of Revenues and Expenses for the Eight Months ending February 28th Parking Fund - Comparative Statement of Revenues and Expenses for the Eight Months ending February 28th Pension Plan Trust (Pension Plan assumed rate of return is 7.75%) Unemployment Trends (Roanoke unemployment better than national average but worse than Commonwealth average. Unemployment trends are gradually improving at all levels but remain well above longer term trends. A slight increase in unemployment in January with employers shedding seasonal workers.) I I 484 Ms. Shawver concluded by stating the following: I Performance as Expected Viewed with Precaution . Revenues should exceed budget; most categories performing as expected . Local taxes continue trend of improvement - notably, the sales tax . Business licenses tax feel short of estimate and declined from prior year . Key taxes due in next few months - real estate spring installment, personal property, bank stock tax . Expenditures, in the aggregate, are well-positioned to remain within budget . Expenditure savings sufficient to address identified expenditure issues (For full text, see copies of February Financial Report and Financial Report for Eight Months Ended February 28,2011.) Following indepth discussion of the financial statements for the City of Roanoke, the Mayor advised that the financial reports would be,received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND I RESOLUTIONS: TAXES-CITY MARKET: Council Member Rosen offered the following resolution authorizing the City Manager to take any necessary actions and/or to execute any necessary documents to facilitate obtaining certain financing, including Federal and/or State Historic Tax Credits and/or Federal New Market Tax Credits, including, but not limited to, guaranteeing, to the extent permitted by law, the payment and performance by Market Building GP, LLC, Market Building Partners, LP, Market Tenant GP, LLC, and Market Tenant, LP, of their respective obligations undertaken in obtaining such financing for the Historic City Market Building Renovation and Repair Project, in order to assist in the Project: ' (#39093-040411) A RESOLUTION authorizing the City Manager to take any necessary actions and/or to execute any necessary documents to facilitate obtaining certain financing, including Federal and/or State Historic Tax Credits and/or Federal New Market TaxCredits, to assist in the Historic City Market Building Renovation and Repair Project. (For full text of resolution, see Resolution Book No. 74, page 606.) I I I I 485 Council Member Rosen moved the adoption of Resolution No. 39093-040411. The motion was seconded by Council Member Ferris. The City Manager explained that the recommendation was part of the scheduled plan for the City Market Building for a total cost of $7.9 million, with an excess of $4 million to be received from federal, state and new market tax credits which will provide additional funding for furniture and equipment, improvements of the upstairs meeting facility, provide a capital maintenance reserve and operating reserve. Council Member Ferris inquired about a reimbursement to the City for supervision of the remodeling of the building; whereupon, Mr. Morrill confirmed that the City would receive $1.4 to $1.6 million as a developer's fee which would be paid out of the tax credits. Following questions and comments, Resolution No. 39093-040411 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. MOTIONS AND MISCELLANEOUS BUSINESS: SCHOOLS-BUDGET: On behalf of the Joint Services Committee, Vice-Mayor Trinkle shared information regarding revisions to the Roanoke City Public Schools funding formula as follows: Backqround . Existing formula o Complex; numerous deductions and additions o No adopted policy o Currently used only as funding floor o Council's commitment to increase school funding by $2.5 million by FY13 exceeded at 3.0 million in FY11 . Goals o Provide sufficient funding for schools o Create formula for use without variation o Provide School Board flexibility in funding educational priorities o Simplify and improve transparency o Policy adopted by City Council o Implementation for FY12 budget year 486 . Current Formula for Adopted FY11 Budget - $75,257,289.00 o Note: Two cent additional funding for education ends June 30, 2012 I . Proposed Formula for FY12 Budget (April 4, 2011) - $75,739,886.00 o Two cent additional funding for education ends June 30, 2012 Summary of Chanqes . Simplified to eliminate all deductions except district taxes and performance agreement obligations . Single funding allocation to Schools - no separate payment by City for debt on certain school capital projects . Increased School Board flexibility as to operating versus capital funding . Continued coordination of capital with easier budgeting for debt service . Declining debt service obligations accrue to School Board, not City (For full text, see copy of proposed revision to School Funding Formula on file in the City Clerk's Office.) VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS APPOINTED BY COUNCIL: 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 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 Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to the expiration of the three-year terms of office of John Blankenship and David Spradlin as members of the Towing Advisory Board on October 31, 2010; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the names of Jeffrey Robertson and Timothy Meadows. There being no further nominations, Messrs. Robertson and Meadows were appointed as members of the Towing Advisory Board for terms ending October 31, 2013, by the following vote: FOR MESSRS. ROBERTSON AND MEADOWS: Council Members Bestpitch, I Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. I I I 487 OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Karena J. Clinton as a ) member of the Roanoke Neighborhood Advocates for a term of office ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Braxton Naff. There being no further nominations, Mr. Naff was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Karena J. Clinton ending June 30, 2012. FOR MR. NAFF: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to a vacancy created by the resignation of Martha P. Franklin as a City employee representative of the Personnel and Employment Practices Commission ending June 30, 2011; whereupon, he opened the floor for nominations. Council Member Bestpitch placed in nomination the name of Meg Munton. There being no further nominations, Ms. Munton was appointed as a City employee representative of the Personnel and Employment Practices Commission to fill the unexpired term of Martha P. Franklin ending June 30, 2011, by the following vote: FOR MS. MUNTON: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. Council Member Bestpitch offered a motion that the City residency requirement for Ms. Munton be waived in this instance. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-O. VIRGINIA MUNICIPAL LEAGUE-COMMITTEES-COUNCIL: The Mayor advised that there were upcoming vacancies on the 2011 VML Policy Committees, and opened the floor nominations: Council Member Bestpitch placed in nomination the following names: 488 Finance - Ann Shawver (Director of Finance) and Council Member Court Rosen I Human Development and Education - Stephanie Moon (City Clerk) and Council Member Anita Price Economic Development - Council Member Court Rosen General Laws - William Hackworth (City Attorney) Environmental Quality - Christopher Blakeman (Environmental Administrator) Transportation - Mark Jamison (Manager of Transportation) There being no further nominations, the abovementioned individuals were appointed to the VML Policy Committees by the following vote: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. SCHOOLS: The Mayor reiterated that two applications for appointment as School Board Trustees were received in the City Clerk's Office prior to the March 10 deadline. The applications submitted were from the two incumbents - David B. Carson and Lori Vaught. He advised that in lieu of public interviews of applicants, the incumbents will make a presentation to the Council with regard to accomplishments by the School Board during the 7:00 p.m. session on Monday, April 18, and the Council will hold a public hearing at 7:00 p.m., or as soon as the matter may be heard, to receive views of citizens regarding the two reappointments to the Roanoke City School Board, commencing July 1,2011 and ending June 30, 2014. There being no further business, Mayor Bowers declared the meeting adjourned at 4:34 p.m. I APPROVED ATTEST: fitrLn,. ~ Stephanie M. Moon, ~ City Clerk I' David A. Bowers Mayor I I I I II 489 ROANOKE CITY COUNCIL-REGULAR SESSION April 18, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, April 18, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch (arrived late), 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 Tina R. Cox, Pastor, Three Oak's Fellowship United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: DRUGS: Kathy Graham-Sullivan, representative of Roanoke Area Youth Substance Abuse Coalition (RA YSAC), appeared before the Council and shared information about the Roanoke Area Youth Substance Abuse Coalition Prescription Drug Take-Back Day events planned for April 30 from 10:00 a.m. - 2:00 p.m., at the Roanoke Civic Center, Salem Police Department, Botetourt County (Daleville Kroger), and Roanoke County (T anglewood Kroger). HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. 490 MISCELLANEOUS: Chris Craft appeared before the Council and asked for I assistance from the City with regard to unauthorized fishing in the East Gate neighborhood. He mentioned expressing an interest to serve on various Council appointed authorities, boards, commissions, and committees and had filed several applications with the City Clerk's Office, and questioned whether his applications have been considered by the Council; and he also indicated that toxic odors were being smelled in his neighborhood. SPORTS: Helen Davis appeared before the Council and reiterated her concern regarding the unfair treatment of the Inner-City Youth Athletic Association, noting that the Association had been charged by the City for its use of Washington Park. (The matter was referred to the City Manager for investigation.) COUNTRYSIDE: Michael Higgins appeared before the Council and stated that he was very pleased and impressed with the positive spirit of the speakers who appeared before the Council at a previous meeting regarding Countryside, and he was also pleased with the commitment of the City to preserve the natural space around the 10th, 11th, and 1ih fairway. He expressed concern regarding the latest on-line update that was published on April 14, mentioned that approximately 10 houses on Countryside would remain in the proposed Master Plan, adding that the Association and residents of Countryside had asked that the houses be removed. Mr. Higgins pointed out that to leave the houses in the Master Plan would be a I contradiction of Council's declared purpose to not devalue the existing homes, and furthermore, the existing homeowners would have to go through .a neighbor's backyard to access the greenspace. He also indicated that preserving the character of the neighborhood had also been a big declaration and adding houses would create a block similar to Dansbury. (See copy of map distributed by Mr. Higgins on file in the City Clerk's Office.) Council Member Ferris questioned if the referenced property was the area that had been denoted on the map (Countryside Road) in response to Bullet No. Three which was referenced in a report dated April 15, 2011 by the City Manager that had been sent to the Council regarding changes to the Countryside Master Plan; whereupon, Mr. Morrill remarked that it was not the same. (See copy of Countryside Planning Process Status Report dated April 15, 2011 on file in the City Clerk's Office.) CITY EMPLOYEES: Robert Gravely appeared before the Council and complained about the lack of wages for City employees. I I 491 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meeting of Council held on Monday, March 7, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Elder Lea moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Council Member Ferris and Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. I (Council Member Bestpitch was not present when the vote was recorded.) WESTERN VIRGINIA WATER AUTHORITY: A communication from the City Clerk advising of the resignation of Robert C. Lawson, Jr., as a member of the Western Virginia Water Authority, effective June 30, 2011, was before the body. I (See communication on file in the City Clerk's Office.) Elder Lea moved that the resignation be accepted and the communication be received and filed. The motion was seconded by Council Member Ferris and Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was not present when the vote was recorded.) 492 REGULAR AGENDA I BID OPENINGS: CITY MARKET BUILDING: Pursuant to notice of advertisement to seek bids from qualified bidders to enter into a Lease Extension Agreement with the City for an existing lease of the historic City Market Building located at 32 Market Square, S. E., for a period equal to the period from October 19, 2010 until a date approximately seven days before the Premises is placed into service after being, which is to be determined, and terminating at midnight on a date forty years from the extended commencement date, with other terms of the existing lease dated October 19, 2010, to remain in full force and effect. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were other bids to be offered. There being none, he stated that the bidding was closed, and instructed the City Clerk to proceed with the opening of the bids; whereupon, Ms. Moon opened and read aloud the sole bid received from Market Building Partners, LP. (See copy of bid on file in the City Clerk's Office.) Council Member Rosen moved that the bid be referred to the City Manager for I study, report and recommendation to the Council. The motion was seconded by Vice- Mayor Trinkle and adopted. PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: SUSTAINABILlTY: Sean McGinnis, Director, Virginia Tech Green Engineering Program, appeared before the Council and summarized a report detailing the community energy and greenhouse gas (GHG) inventory for the City of Roanoke for the Calendar Year 2009, and shared the following five steps of the program: Conduct a baseline emissions inventory and forecast for a future year Adopt an emissions reduction target for the forecast year Develop a Local Government Action Plan that details the policies and measures that the local government will take to reduce emissions to achieve its reduction target Implement policies and measures according to the Local Action Plan Monitor and verify results (See copy of presentation and remarks on file in the City Clerk's Office.) I I I I 493 Ken Cronin, Director of General Services/Sustainability, appeared before the Council and also shared that the Citizens for Clean and Green Committee was sponsoring a number of programs and activities to draw citizens' attention to the importance of reducing their carbon footprint, adding that these include a Facebook page, a Green Academy, the Clean and Green Pledge, the Clean and Green website, and participation in events like Earth Day. In closing, he mentioned a new home weatherization program and explained how citizens would be able to take advantage of it. The Mayor expressed appreciation to Messrs. McGinnis and Cronin for their remarks. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: Briefing with regard to the Recommended Fiscal Year 2011-2012 Budget was held at the end of the 2:00 p.m. session. (See pages 496 - 507.) ITEMS RECOMMENDED FOR ACTION: STATE HIGHWAYS-The City Manager submitted a written communication recommending adoption of a resolution to support participation in the Virginia Department of Transportation's Revenue Sharing Program. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39094-041811) 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 Transportation Revenue Sharing Program in the amount of $2,259,096.00, which will require a local match of $2,259,096.00, for the Route 605 (Old Mountain Road) over Tinker Creek - Bridge Replacement and Ninth Street Bridge over the Roanoke River - Superstructure Replacement; and authorizing the execution of the necessary documents, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 74, page 607.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39094-041811. The motion was seconded by Council Member Rosen. 494 Mayor Bowers called attention to bridge realignment with Garden City. I No additional comments from the Council, Resolution No. 39094-041811 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was not present when the vote was recorded.) The City Manager submitted a written communication recommending appropriation/transfer of funds in connection with the Berkley Road Bridge Renovation Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39095-041811) AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from various bridge projects to the I Berkley Road Bridge project amending and reordaining certain sections of the 2010- 2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 608.) Council Member Rosen moved the adoption of Budget Ordinance No. 39095- 041811. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bower-6. NAYS: None-O. (Council Member Bestpitch was not present when the vote was recorded.) I I I I 495 COMMENTS BY CITY MANAGER: The City Manager reported that improvements near the intersection at Thirlane Road and Aviation Drive near the Roanoke Regional Airport were underway to simplify access to the airport, provide access from the street from Sam's Club and Kroger directly to Aviation Drive, and reduce some of the traffic demand on Hershberger Road. He added that this was a joint effort funded by the Roanoke Regional Airport Commission, the Virginia Department of Transportation, and the City of Roanoke. Secondly, Mr. Morrill gave an update on the City's Eat for Education Campaign stating that the campaign had been in place for nine months and meals tax revenues continue to exceed budgeted estimates. He pointed out that the total money collected for the two percent meals tax increase to date was $2,987,276.00. He reminded citizens that the Council was scheduled to hold a public hearing on the proposed FY 2012 Budget for the City on Thursday, April 28 at 7:00 p.m., in Council Chamber and encouraged them to review and give their feedback to City Council and the City administration regarding the budget. Finally, City Manager Morrill expressed appreciation to those City employees who worked on Saturday in response to conditions caused by the severe rain event. He noted the Swift Water Rescue Team was on call and also was a resource to nearby localities affected by the storm, adding that over the next few days, staff would assess the damage to roads, parks, and greenways"and begin cleanup in said areas. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for the 2010-2011 Education Jobs Bill 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.) Vice-Mayor Trinkle offered the following budget ordinance: (#39096-041811) 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. 74, page 609.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39096-041811. The motion was seconded by Council Member Rosen. 496 Council Member Rosen asked for clarification about the purpose of the 2010-11 I Education Jobs Bill grant; whereupon, Dr. Rita Bishop, Superintendent of Roanoke City Public Schools, explained that the funds were stimulus money from the Federal government based on Title I funding and unanticipated money granted in September and would be used for the summer school program and school employee bonuses. There being no additional questions and/or comments from the Council Members, Budget Ordinance 39096-041811 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-6. NAYS: None-O. At 3:21 p.m., the Mayor declared the meeting in recess. At this point, Council Member Bestpitch entered the meeting (3:35 p.m.) At 3:36 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance. Amelia Merchant, Director of Management and Budget, summarized the I following proposed Fiscal Year 2011-2012 Recommended Budget: FY 2011-2012 Budget · Recommended budget is balanced and meets Council priorities · Budget Totals - $258,697,000 - Increase of $5,334,000 or 2.1 % - Includes no increase in real estate or other local tax rates - Involves minimal impact to City workforce - only as related to a discontinued state-funded program 2 I I I I 497 Difficult Measures to Balance the Budget General building maintenance, capital building maintenance . Technology Capital . Vehicular equipment replacement . GRTC Subsidy . Street sweeping activities, street paving, loose leaf collection, mowing frequency, bulk/brush collection frequency Parks and Recreation horticulture and beautification, athletic field and park mowing, urban forestry, Youth Services, fitness centers, aquatic facility operations Police Cadet Program, Mounted Patrol, administrative positions . Virginia Juvenile Community Crime Control Act (VJCCCA) - Crisis Intervention program . Library branch operating hours, collection materials, library programs, technology, magazines and newspapers, bookmobile service . Neighborhood Improvement Grants, Citizen Service desk . Employee programs, ICMA Savings Plan Match, tuition reimbursement . Contributions, Sponsorships and Memberships 4 Balancing Challenges Non-Discretionary Retirement Contribution . Medical, Dental Employer Contributions . Cost Increases (Utilities, Fuel) Unfunded State/Federal Mandates . Veterans Real Estate Tax Exemption . Line of Duty Insurance Benefits Reduced HB 599 Funding (reduction in funding) . Signs and Pavement Markings Focus Areas Fleet Replacement . Capital Building Maintenance . Technology Enhancements/lnfrastructure . Employee Compensation and Benefits . Select Program Enhancements/Restorations 5 The Director of Finance sharing information highlighting the General Fund Revenue Summary: 498 General Fund Revenue Summary FY11 FY12 Adopted Recommended Dollar Percent Category Budget Budget Increase Increase Local Revenue $186,996,000 $191,014,000 4,018,000 2.1% State Revenue 66,367,000 67,683,000 1,316,000 2.0% Total Revenue $253,363,000 $258,697,000 $5,334,000 2.1% 6 Projected Revenue Growth (Decline) FY 2012 Recommended Revenue Estimates Compared to FY11 Adopted Estimates FY11 FY12 $ % Category Adopted RecommElnded Increasel Increasel Budget Budget (Decrease) (Decrease) Real Estate Tax $79,602,000 $79,586,000 ($ 16,000) 0.0% Personal Property Tax 17,084,000 18,672,000 1,588,000 9.3% Sales Tax 17,995,000 18,515,000 520,000 2.9% Lodging Tax 2,521,000 2,878,000 357,000 14.2% Prepared Food Tax 15,341,000 16,495,000 1,154,000 7.5% Bank Stock Tax 800,000 1 ,400,000 600,000 75.0% Telecommunications Tax 7,295,000 7,682,000 387,000 5.3% Fines and Forfeitures 1,606,000 1,171,000 (435,000) (27.1%) State & Federal Revenue 66,405,000 67,722,000 1,317,000 2.0% Charges for Services 10,024,000 10,080,000 56,000 0.6% Other Revenues 34,690,000 34,496,000 (194,000) (0.6%) Total $253,363,000 $258,697,000 $ 5,334,000 2.1% 7 Mayor Bowers inquired if the figures above also reflected the adjustment for the Roanoke City Pubic Schools; whereupon, Ms. Shawver replied in the affirmative. I I I I I I 499 Projected State Revenue Increase FY 2012 Recommended Revenue Estimates Compared to FY11 Adopted Estimates Category FY11 FY12 Increasel % Adopted Recommended Decrease Increasel Budget Budget Decrease Noncategorical Aid $7,858,000 $7,944,000 $86,000 1.1% Shared Expenses (Constitutional Offices) 8,565,000 8,631,000 66,000 0.8% Social Services 30,484,000 32,024,000 1,540,000 5.1% Other Categorical Aid 19,460,000 19,084,000 (376,000) (1.9%) Total State Revenue $66,367,000 $66,683,000 $1,316,000 2.0% 8 Council Member Bestpitch inquired if the total FY2012 Recommended Revenue Estimates from the State should be $67,683,000.00 instead of $66,367,000.00 to equal to an increase of $1,316,000.00; whereupon, the Director of Finance replied that the amount was incorrect, and should indeed be $67,683,000.00. Recommended Revision to School Funding Policy · Schools receive 40% of adjusted local taxes · Only adjustments are district taxes and Council approved performance agreements · Single funding amount to Schools for operations, capital and debt service · Increased School Board flexibility for funding allocation · Continued coordination of capital; easier budgeting for debt service · Coordination of pay raises and benefits for City and School employees · Declining debt service obligations accrue to School Board, not City · Policy to be adopted by City Council 9 500 FY12 Recommended School Funding An increase of $1.5 million (20/0) over FY11 Category Recommended Estimate FY2012 $ 177,940,000 8,076,000 (4,712,857) 181,303,143 505,000 150,000 275,000 10,000 218,000 1,158,000 180,145,143 40.00% 72,058,057 4,712,857 $ 76,770,914 Local Tax Estimate Personal Property Tax Relief Provided by Commonwealth Less: 2 ~ of the 7 ~ for Prepared Food & Beverage Tax (100% goes to RCPS) Total Revenue Subject to Sharing with Schools Deduct Dedicated Taxes: Service District Taxes - Downtown and Williamson Road Districts Local Taxes Dedicated to Ivy Market Performance Agreement Local Taxes Dedicated to Home Depot Performance Agreement Local Taxes Dedicated to Maple Leaf Bakery Performance Agreement Local T axes Dedicated to Cambria Suites Performance Agreement Total Deductions Adjusted Revenue Subject to Sharing with Schools Percentage Allocated to Schools Funding of Schools Add: 2 ~ of the 7 ~ for Prepared Food & Beverage Tax (100% goes to RCPS) Total School Funding Note: Two cent additional funding for education ends after FY12, 10 Elder Lea asked if the City of Roanoke was funding the school system at a higher level than other localities in the area; whereupon, Ms. Shawver advised that according to last year's data, the City was highest amongst the Virginia First Cities in funding the school systems. Following clarification about funding for the schools, Ms. Merchant continued with the presentation: I I I I I I 501 Limited Revenues Available for Allocation to Budget Priorities Total General Fund Revenue Growth $ 5,334,000 Less: Dedicated Social Services Revenue (2,186,000) Subtotal 3,148,000 Less: Revenue Growth Dedicated to (1,513,625) Roanoke City Schools Less: Retirement, Medical and Dental (1,768,263) Cost Increases Revenue Growth Available for ($ 133,888) Allocation to Priorities 11 Organization-Wide Expenses Transfer to Debt Service $15,517,815 Personnel Lapse (Salary, (1,812,526) FICA, Retirement) Budget Contingency 1,211,927 Other (Medical, Dental, W/C, 4,056,739 Misc Contingencies, Budget Stabilization, Risk Management Reserve) TOTAL $18,973,955 12 Council Member Bestpitch asked if the $18,973,955.00 was subtracted prior to consideration of the work submitted by the priority teams; whereupon, Ms. Merchant replied in the affirmative. He further inquired about the breakdown of the Budget Stabilization Reserve and asked how much the City was contributing. Ms. Merchant replied that $250,000.00 is allocated to both the Budget Stabilization Reserve and Risk Management Reserve. 502 Priority Allocations I Livability $16.593.529 7% Economy $3,331,034 1% I-Uman Services $40,727,146 17% I / Safety $60,803,008 25% I nfrastruct....e $24.873.456 11% 'i Education $78.172.291 33% 13 Mayor Bowers asked for clarification as to the difference in the 40 percent allocated for the school system and the 33 percent in the Education Category; whereupon, Ms. Merchant indicated that the 40 percent of local taxes has been I allocated for schools and 33 percent represents the total allocation of revenue after organization-wide expenses have been subtracted. The City Manager interjected that the 33 percent not only includes allocation for City schools, but additional ways to support education in the community, such as the only new position in the budget is a Librarian II that will focus on early childhood reading. Education Funded - $78,172.291 . Roanoke City Public Schools - $76,770,914 . Libraries - $1,320,395 - Community Information Centers - $946,959 - Library Early Literacy Services - $155,721 - Library Services K-12 - $134,612 - Lifelong Learning - $72,903 - Community Outreach - $10,200 . Roanoke Valley Sister Cities - $10,800 . Virginia Cooperative Extension - $32,000 . Virginia Western Community College - Scholarships and Capital Support - $38,182 Program Exoansions/Restorations - $50.823 . Library Early Literacy Services - $50,823 for Librarian II to work with pre-school children 15 I I I I 503 Council Member Ferris stated that previously the City's funding for Virginia Cooperative Extension (VCE) for $63,800.00 was eliminated, and questioned the $32,000.00 that had been added. Ms. Merchant explained that no components of the VCE were eliminated; however, City staff did ask that the program be tailored to a $32,000.00 level specific to the outcomes that had been identified for the education priority. Safety (continued) Funded (continued) . Fire (continued) - Fire - Roanoke Emergency Medical Services (REMS) - $150,000 - Emergency Management - $83,931 - Fire Prevention/Inspection/Investigation Division - $380,915 - Fire/EMS Support Services - $60,134 . General District Court - $20,653 . Juvenile and Domestic Relations Court Clerk - $22,401 . Magistrate's Office - $3,505 . Parks and Recreation - $172,850 - School Playground Safety and Maintenance - $128,850 - Carvins Cove & Coyner Springs Road Area Security - $44,000 18 Council Member Bestpitch asked for a breakdown of the $150,000.00 allocated for Roanoke Emergency Medical Services. The City Manager advised that the matter would be discussed at the May 5 Budget Study. Vice-Mayor Trinkle inquired as to how long the City would have to maintain school playground equipment; whereupon, Ms. Merchant advised that she was unsure of the duration of that agreement, but the amount is billed back to the school system. 504 Recommended Fee* Adjustments *No recommended increase in any local taxes Fee Title Current Proposed Fee/Rate Incremental Description Fee/Rate Revenue Preliminary Building Plan N/A 50% of Building Permit Fee $4,000 Fee for plan Review Fee for Other review Jurisdictions Campbell Garage - Long $45 $35 $15,700 Alignment of rate Term Parking ( Current $35 Special Rate) Residential Parking Rate N/A Monthly Rates: $47,520 Establishment of a Campbell Garage - $11.25 residential parking Center in the Square Garage - rate $17.50 Church Avenue Garage - $16.25 Elmwood Park Garage - $16.25 Gainsboro Garage - $11.25 Market Garage - $16.25 Tower Garage - $16.25 Warehouse Row Lot15 Market Lot - $17.50 Elmwood Lot - $12.50 Williamson Lot - $13.75 42 Higher Ed Center Lot - $11.25 In response to an inquiry about the parking fees for residents, the Assistant City Manager for Community Development explained that the residential fee introduces monthly parking charges to downtown residents that choose to park in one of the City's downtown garages or lots, adding that the resident would pay a 75 percent reduction of the regular parking rate. Following further dialogue about the residential rate, Ms. Merchant continued with the briefing: I I I I I I 505 Capital Improvement Program FY 2012-2016 !ProJect i :1 :Roanoke City Public Schools P&R Master Plan P&R Master Plan - Countryside . Digital Radio Bridge Renovation 2012 2013 . 2014 1,900,000 · 2.00~:OOO,000 I -.- ._-_.~-- 1,250,0~_ 1,500.000 1,SOO,000 , 2,000,000. 2,110,000', 1030000 1 100000 total~ 2015 . 2016 5,000,000 1 ,SOO,~OO [ 2 800 000', 5,000,000 . 1,500,000 18,900,000 , 5,750.000 I 2 600 000 4,110,000 . 7 530 000 . ,Stonn Drains ---_._-- --- 1:120:000 1==p2O,000 1,120,000 1,120,000 ; 5,600,000 Library Master Plan .. __~,OOo.... 10,445,000'. 13,995,000 ~-_.._~~- - 2,750,000 ' 800,000 Street Scapes 400,000 500,000 - 900,000 . Elmwood Park Impro""ments 1 ,900,000 2,800,000 4,700,000 Ci\4c Center ---~---~---- 750,000 1,000,000 . 1,500.000 1,SOO.000 1,500,000 6,250.000 : Total ---- ~_ -___8,300,00~..__.2~.88~ 15,170.000 12.720,000 22,165,000 67,735,000 . ----~ -- - 43 Ms. Merchant reminded the Council that the debt funded projects previously discussed were approximately $7.6 million lower in terms of the Fiscal Year 2012-2014 planned debt issuance previously adopted in the Fiscal Year 2011 budget. In summary, she explained that cash and debt funded projects were $2.7 million lower than previously planned in Fiscal year 2012. Council Member Rosen suggested that upon completion of the five-year payment commitments for the debt funded projects, that funding be used for the stormwater utility project. 506 FY 2012 Capital Projects (Cash & Debt Funded) Project Recommended Previously Planned *Funded through Excess Debt funding Digital Radio Conversion $2,000,000 $4,108,000 Schools 1,900,000 Parks and Recreation Master Plan 2,700,000 Parks and Recreation Master Plan - Countryside 1,500,000 1,500,000 Stormwater Improvements 1,120,000 Stormwater ManagementlNPDES 49,820 49,820 Bridge Renovation 1,030,000 Curb, Gutter and Sidewalks 1,000,000 Civic Center Capital Maintenance 750,000 Bridge Maintenance 500.000 500,000 Elmwood Improvements/Performance Area ME *300.000 1,200,000 Library Master Plan 800,000 VDOT Matching Funds 251 ,800 251.800 Greenways Matching Funds 200,000 200,000 Center in the Square *300,000 *300,000 YMCA 200,000 200,000 Science Museum *100,000 *100,000 Harrison Museum *100,000 *100,000 TOTALS $10,301,620 $13,009,620 Additional Uses of Excess Debt Funding Deer Culling $ 75,000 Grant Cash Match 100,000 Capital Project Contingency 351,608 Total Additional Uses $526,608 45 I 44 I I I I I 507 Budget Calendar .Budaet Public Hearina · April 28, 2011 · 7:00 p.m. Council Chamber . Budaet Study · May 5 and May 6, 2011 (If needed) . Budaet Adoption .May 9,2011 · 2:00 p.m. (Council Chamber) 46 (For full text, see presentation on file in the City Clerk's Office.). Ms. Merchant expressed appreciation to the staffs of Management and Budget, City Manager's Office, budget committee participants, priority team members and the Department of Technology for their efforts and support to complete the 2011-2012 balanced budget. In closing, the Council as a Whole expressed appreciation to the Director of Management and Budget and Director of Finance, and agreed to notify the City Manager regarding any aspects of the proposed budget they wish to discuss during the Budget Study Sessions scheduled to be held on May 5 and 6. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CON~IDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Council Member Price announced that Big Brothers/Big Sisters of Southwest Virginia was selling Frisbees for a special "Start Something with a Toss" event on Saturday, April 30 and encouraged citizens to support the event. 508 Vice-Mayor Trinkle commended those City employees for their work on Saturday, I April 16 to help citizens during the rain storm; and he thanked the various organizations for their support regarding the planned special events in the downtown area over the weekend. VACANCIES ON VARIOUS AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 5:02 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price (arrived late), 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 Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. At this point, Council Member Price entered the meeting (7:09 p.m.) PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: Elder Lea offered the following resolution paying tribute to the Lucy Addison Lady Bulldogs Basketball Team: (#39097-041811) A RESOLUTION recognizing and commending the outstanding performance of the 2010-2011 Lucy Addison Middle School Lady Bulldogs Basketball Team. (For full text of resolution, see Resolution Book No. 74, page 609.) I I I I 509 Elder Lea moved the adoption of Resolution No. 39097-041811. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers-7. NAYS: None-O. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor announced that on Thursday, February 24, the Alliance for Excellence Program held its annual Scholarship Breakfast at the Claude Moore Complex in downtown Roanoke; and that the following individuals received scholarships: Crystal Basham, Mercedes Riley (Bridging the Gap); Andre Tucker (Continental Societies, Inc.); Essence Andrews (Mr. and Mrs. Emmanuel Payne); Irene Bethel (Roanoke Tribune); and Felicia Freeman (African American Railroad Heritage). Mayor Bowers also recognized Dr. Gloria Lindsay, Alliance for Excellence Program Coordinator, for her efforts and commitment to the program. SCHOOLS: The Mayor announced that there are two upcoming vacancies on the Roanoke City School Board for terms of three years, each, commencing July 1, 2011 and ending June 30, 2014. He stated that in lieu of public interviews of David B. Carson and Lori Vaught for consideration of reappointments as School Board Trustees, the Council has asked the incumbents to provide an overview of any accomplishments by the Roanoke City Public Schools during their tenure on the School Board. School Board Chair David Carson and Trustee Lori Vaught gave the following overview in connection with the Roanoke City Public Schools: 510 No Child Left Behind (NCLBl I The Seven NCLB I AVP SubRroups* 1.ALL 2. Black 3. Hispanic 4. White 5. Economically Disadvantaged 6. Li mited E ngljsh Proficient * A viable subgroup is 50 or more students. 7. Students with Disabilities No Child left Behind (NClBl I Federally Mandated Annual Benchmarks .ln~~._- ~f".65~--L69%';1 ,73% ii .:7% ': 81% !i--'~1~ -;:-86% <9=-~~:" .~~~ -_:'fo~r:-j W _ .63%__ 67% 71% 75% 79% .79% 85% 90%' 95% 1009'0 70% 70% 7Q% 70% , __ i,__.+ " . ..../. - I 70~~J 949"0 94% 94% 94% .70% 70% 94% 94% 949"0 94% 949"0 -- --.. - -"..-- , " 61% if 6.1% 61% L___n_ _d_____::__~ _~~.~_~___ ~ro.' !i 8P~ :: TBq. T-~~-T'~B'~-'I .! i: ':! I _._, :L_.___'-__--"' ___L..H'__----' The years represented above indicate the AVP report year; AVP report years reference the immediately preceding testing year. For eKample the 11-12 AVP report will be based on data from the 09-10 testingyear. I 511 I Assessment Performance Pass Rates r----- - - -- - reading' 'ffl'athematics I Accred itation 17 of 31 55% 23 of 29 79% 24 of 29 83% 24 of 29 83% 26 of 28 93% 22 of 25 88% I 512 AP Test Participation PH 166 412 879 I Fleming 51 18 38 Total 217 430 917 Roanoke Vallev Governor's School -Academicfocus on Science and Mathematics -Comprised of 7 surrounding school divisions - Highly selective admission - 273 total students; RCPS has 131 CTE Credentials Student Certifications ::: ~- --=-=~--=--=-:= ----- -------------- ::: j ~__ _ __ d __ ___~ ::: ~==~=~== _n~=_ ~_._~~~-- _===-~- __ ~_=~ = , 1:: L. _ ~- _= ~ = ~=~-_~~._~ ___~__. I 60 -1- -----. -- --. --. -1---.----- :; L .:~----:~: I 2006-07 2007-08 --, 2008-09 2009-10 2010-11 I 513 I Reps District Graduation Rate -- 1994-95 1999-0.0 2004-05 [- 'iOl0-ll 54.3% 54.6% 56.9% 67.7% Athletics High School Participation I Pi!trick Henry 'William Fleming '08-'09 'O~-' 10 '10-'11 -- '08-'09 '09-' 10 ' 10-' 11 188 203 20'0 Fall 136 144- 199 180 211 202 Winter 199 164 194 368 414 402 YTD 335 308 393 High School Winning Percentage Patrick Henry Willram 'Fleming '08-'09 '09-'10 '08-'09 '09-'10 58% 74% Fall '20% 20% 61% 66% Winter 39% Z9% 7.1% ~9~ ~pring ,:26% 13~ 20 High School District Championships since 2008 I 514 Fine Arts I Elementary Schools Middle Schools High Schools 12 of 17 All All -- ------ - -- ----I PH, WF __1 PH, WF i Musicroom(s) Art room(s) 16 .of 17 MusiC Programs \lHl Pr9grams Keyboard: RAMS, Hurt-Park Strings: Fishburn, Fairview, Garden City Band: Lincoln Terrac.e' . Orchestra: All Band: All - Choir: Madison, Woodrow Orchestra: PH ~an(l: PH i W,F . Choir: PH v; Wf' v Plans for 2011-12 ? new VHl sites ($60,000 in new instruments) E)(ploring opportunity to Orchestra: Add WF add choir to 3 more schools Fine Arts (cont.} I ..:. Art and music are part of the curriculum for all students in grades K-S - 30 teachers teach fine arts in elementary schools 0:. 107 different fine arts courses are available to students in grades 6-12 (including FPA and NCTA) - 69 are performing arts courses - 38 are visual arts courses - 33 teachers teach fine arts in middle and high schools ..:. 2941*(47% of all students) are enrolled in fine arts courses I......... _" ~__,__ _ ,_'_' _ -=-._.,...~_+__ '_'_.~ _______._...~~_.-.-...:r-'----'--:~----::--'__:_:_-I Cou.nt _ 428 411 441__ _5~!_ __4~6__3~:,_3~2___~:~~~t: · A 40% increase since 2004-2005 when 2,101 students were participating I I Patrick Henry and William Fleming Projects Overall Results Bud2et $119,200,000 Actual Variance $118,687,510 ~12,49V 2010-15 Capital Improvement Plan Progress to Date I New Construction William Reming stadium, grounds, and field house Patrick Henry practice fields and track remediation Strategic Initiatives Modular reduction Grandin .Court gymnasium Gibboney Culinary Arts Ruffner Professional Development & Operations Center Capital Maintenance Roofing projects I STATUS Stadium, field house, and grounds are complete Complete 20 removed, 2 added, 14 remain Complete Complete Complete Capital Maintenance 15 of 15 projects complete 515 516 Ruffner Professional Development and Operations Center I City vs. State RCPS Funding I so C' 70 B Ity . State _ 60 . c 50 . ~..n . .2 ~ 40 '" 30 20 10 ,.. 2oo2..Q3 2003.04 2004 -os 2005.06 2006-07 2007..QS 200S.09 2009.10 2010-11 NolP: .szrao f~ mlt~.s5cM1'sT(lIX I I Additional Notables · Extended the instructional day by 30 minutes · Switched start times for elementary and secondary · Opened Forest Park Academy - 257 graduates in 2 years · Implemented and enhanced middle school honors programs · Adopted a 10 point grading scale · CCAP (agreement with Virginia Western) - 86 accepted in 2 yrs · Outsourced transportation to Mountain Valley I Reps Transportation Privatization Savings Each Yeaf Operational Savings: $250,000 Bus Purchase Savings: (15 buses per year@$85,OOO) $1,275,000 TOTAL SAVINGS: $1,525,000 I Cumulative To Date $500,000 $2,550,000 $3,050,000 517 518 Additional Notables (cont.} · Certificate of Achievement for Excellence In Financial Reporting I · Integrated Accounting / HR / Payroll System (Aptafund) · Implemented new attendance zones · Division wide equity policy and equity reports · Environmental focus school- Fishburn Park Elementary · 1st Place Winner VSBA Greens School Challenge · Taubman Museum of Art cooperative agreement · School and division level balanced scorecards M1 I ROANOKE CITY PUBLIC SCHOOLS - - BALANCED SCORECARD FISCAL YEAR 2009.2010 MANAGING RESOURtES I I I I 519 On the Horizon 1. Budget 2. Pay-far-Performance 3. VHSL (See copy of presentation on file in the City Clerk's Office.) Elder Lea asked the candidates what their philosophy was on a school's role in the community. Chairman Carson thought the School's role was integral to the community and it was the reason he had become involved in the schools. In addition, he thought the strength of the City was inexplicably tied to schools, and if the schools were to death spiral, the City would also. Furthermore, if the schools thrived or became an active part of the community, the City would also thrive. Because of the City's investment, he was of the opinion that the school system has made significant strides and has contributed to a lot of civic pride which is evidenced by a lot of William Fleming and Patrick Henry colors and jackets being worn around town, and there have been thousands of people attending basketball and football games. In conclusion, he stated that schools and communities go hand in hand. Ms. Vaught explained that schools are the heart of the community; and she would like to see the schools used by more of the community for various meetings. Council Member Price inquired about advanced placement offerings in the schools and wanted to know where they would be added. School Trustee Vaught explained that math and English offerings would be available in every middle school, and because William Fleming had previously not offered advanced placement classes, there had not been a push for them in the middle schools. She also pointed out that both Patrick Henry and William Fleming High Schools have grants for PSA T and teacher training. 520 Vice-Mayor Trinkle commented that the School Board has been very stable, but I questioned how the Board was continually maintaining interest in people becoming members or planning for succession. He added that one way it had been done in the past was to ask citizens to be members of committees. In response, School Trustee Vaught explained that she serves on several of the School Board appointed committees and has been working with individuals on those committees while trying to encourage them to take an interest in serving on the School Board. Council Member Bestpitch requested that the candidates elaborate on the importance of the alternative educational opportunities that are available. Chairman Carson responded that there is far more to a high school education than graduating and attending a four year college. He added that Superintendent of Roanoke City Schools and President of Virginia Western Community College have helped him realize that there is a way to help students who might not thrive in a traditional classroom setting. He continued saying those students could go on to become productive citizens in the community, adding that statistics associated those alternative programs are evidence of their success. School Trustee Vaught reported that Noel C. Taylor had a curriculum change I within the past year and while numbers were not yet available, she was sure there would be an increase in the graduation numbers. Council Member Ferris stated that the School system is one of the biggest economic drivers for a community, and that area realtors have difficulty selling homes in the City of Roanoke because of the perception that Roanoke City Schools are not up to par; and questioned what could be done to help get the word out. School Trustee Vaught explained that Rita Bishop, Superintendent of Roanoke City Public Schools, recently started working with area realtors to bring perspective clients to the schools in the neighborhoods. In addition, there would be on-line virtual tours of the schools so perspective clients may see the good things that are happening in the City schools. In connection with the above comments, Chairman Carson remarked that he stresses the positives such as the CCAP program where any Roanoke City student with a 2.0 grade point average can attend Virginia Western Community College for two years for free. There being no additional questions and/or comments by the Council, Mayor Bowers offered his congratulations and appreciation to Chairman Carson and School I Trustee Vaught. He further stated that the presentation would be received and filed. I I I 521 PUBLIC HEARINGS: SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens regarding the reappointment of David Carson and Lori Vaught as Roanoke City School Board Trustees for three-year terms, each, commencing July 1, 2011 and ending June 30, 2014, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, April 8, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons wishing to comment on the reappointment of Mr. Carson and Mrs. Vaught as School Board Trustees. There being none, the public hearing was closed. LEASES-CITY MARKET: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 18, 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 Lease Extension Agreement with the City for an existing lease agreement to renovate and operate the City's historic City Market Building, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 3, 2011, and Sunday, April 10, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written communication recommending acceptance of the bid of Market Building Partners, LP, to extend the Lease Agreement for the Market Building from October 19, 2010 to the Extended Commencement Date (which is to be determined) and then from the Extended Commencement Date for a period of greater than 39.5 years thereafter, but not exceeding 40 years, with all the other terms and conditions of the existing Lease Agreement to remain unchanged and in full force and effect, subject to approval of form as set forth by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) 522 Council Member Ferris offered the following ordinance: I (#39098-041811) AN ORDINANCE accepting the bid of Market Building Partners, LP, (Lessee) and authorizing a Lease Extension Agreement between the City of Roanoke, Virginia (City), and Lessee, for the extension of an existing lease of property known as the historic City Market Building located at 32 Market Square, S. E., Roanoke, Virginia, (Premises); authorizing the City Manager to execute such Lease Extension Agreement and related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Lease Extension Agreement as well as the original Lease Agreement; noting that one bid was received; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 611.) Council Member Ferris moved the adoption of Ordinance No. 39098-041811. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired whether there were persons present who wish to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance I No. 39098-041811 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Rosen, Trinkle, Bestpitch, and Mayor Bowers- 7. NAYS: None-O. OTHER BUSINESS: ART: Tom Carr, Director of Planning, Building and Development, shared the purpose of the Arts and Culture Plan, its process, and the theme developed for the Plan, adding that the plan addresses the importance of making arts and culture key components of city neighborhoods, and engaging citizens at the neighborhood level: I I Why the Plan Was Developed m..........................mm._....m.....m....._m...........h.... Q.____.....___.........__............mh..........mu__.........m_.. "What does the city~s Art$ and Cultural Plan say?;' City blessed with resources, has heaviiyinvestedinthe arts,i;)ut lacks a wiilely shared strategic vision. 1. Row arts and.cultural community canhelp accomplish broader g~)8ls 2. Strategies for sustaining the arts 3. TI:acking andenha.ncing outcomes' of arts and wltural investments I How the Plan Was Developed ...........---..................--.....--....--..--...... ..........,."--... 0 ..m..U..........................m.___m........__......__..__......---..... ~~ I 5 Focus Groups Roanoke Art Commission, City Staff, Council of Community Services and "'Lo~1 Consultants" Panner Org;mizat~ons: DRI, RV ARC, CVB, Arts Council oftbe Blue Ridge 11 Public Meetings, 15 RAC Meetings, Best Practices ,Research, Partners in Performance, Survey 523 524 I The Plan's Unifying Themes I 1------------------------------------------------------------------- 0 ------------- --------------------------------------------- J ~-~ Collaboration Sustainability I h1clusion City Financial Support --------------_.-----------~:~----:--:-------~~---------:--:------- Q----------------------------------------------------------------- -...941 , ~,~;../, -....J U\'"'''' '-~ .,..,03.63 I .,.'.,. ,4'2.~ .GO 9 G"'"' .0'" 'or' ... &9 .6& "~.':. 6,&&~:'2..:..._ The City of Roanoke contribulBs mol'8 than $2.0 million per year to arts and cultural organizations, a $20.75 per capita contribution. The City's investments al'8 divided between $259,000 In grants made to organizations by'the RAe, $500,000 in real estate tax exemptions, $815,000 in capital support to selected organizations, and $428,000 in contracts and line items supporting organizations I I 525 I Vibrant Region - Healthy Economy ..................._..~...._m..m__._......_..mmm____.m.m.m 0 ...,....._mm_mm..._........._..............._..........._......_. '-: Building Block One " ; ~ '?iii~~~i~~~:'~~.~.: ~~~_'~~" ~J~::~;;~~:fL~;;;,,,,;c:~~.""<>~~~~ i~~ Vibrant Region - Healthy Economy ..m........m....._m.m_.........._......._m._.......m....m.... 0 .___.._........m.........m.........___............______._...._m__... I Recognize arts and culture as an essential element of the Roanoke Valley's economic development brand . Strengthen the Cultural Economy . Foster Sustainability in Organizations . Grow Funding Sources . Extend Roanoke's Reach I 526 i i Vibrant Region - Healthy Economy I I ! . 0 I ~__.____.__.u____...._____n__'H"'__"'''__________''___'__non... __._.............._...n_......_..............._......._............._ ~/ I · Continue to invest strategically to maximize collaboration and sustainability · Enhance cooperative marketing · Examine City processes and ordinances for modifications to facilitate.a div~rse and vibrant-arts and cultural scene · .Provideleadershipin facilitating plan implementation Livable Communities and Neighborhoods I ......-...-....-...........-................-.... .....-...-......-... () ............-...-......-...........-........-......-...-.-........-.... I Building Block Two I 527 I i I Livable Communities and Neighborhoods i f.m._.....m_......_.._......_.._........_m........._...nn.....--- 0 ....-.....---....._.................... ...m....m.m...................~ Make arts and culture visible throughout Roanoke, promote the offerings of neighborhoods and engage cultural organizations and artists with neighborhoods -Extend Art into Neighborhoods .Support Neighborhood-based Art and Culture .Attract and Retain Artists ! Livable Communities and Neighborhoods I ............._....._______._n___.............._.....................___. 0 m..---....._..............-...-.....---.-..-.-_._..__n..---.....4 I Roll out the A & C Plan and engage at the neighborhood l~vel . Include.arts and culture as an element in all future neighborhood plans . establish an advisory group of artists to help with. plans Expand grant categories to include mini grants for neighborhood-based art activities and include a first round .of mini grants ------- People/Education/lifelong Learning o I Building Block Three 528 ! People/Education/Lifelong Learning j' ._..._m.nm......n....__._.._..._....._.n..n_n_._.n.....n.. Q .nnm..._".m.."n.._"...m..."._.. ..m......._..._....._.._m , I Improve. awareness of cultural assets, access to arts, cultural and educatiQnal institptions, and participation martsaild cultura:] activities among Roanokers of aU ages.. .Build links among area art, culturaLand educational institutions .Encourage lifelong learning and participation in arts and cultural activities . . . People/Education/Lifelong Learning ..._.........nn.......nn...n....n....._m.n._nn_nn_...._...... 0 ...._...._......n....._...._._._n..........._................_.....n . Convene quarterly forums for arts and cultural organizations and local colleges and universities leading to action steps for joint ventures creating opportunities for. inte.,;enerational participation in arts and culture for residents . Link arts and culture to other participatory activities such as biking'and Greenways I I I I I 529 Next Steps .....m_.nnn..._..n..nm_. ......n..._.....m.mn.m.._mn 0 __om. ..m_m___._m__.nn.m_n___n......_.nnmn... PlallCollte~ts i i i .mm_.., 1. Looking Back: Past as Prologue 2. Building Blocks of the Plan Vibrant Region - Economic Development Livable Communities and Neighbol!hoods People/Edncation/Lifelong Learning 3. Collaboration: The Unifying Theme 4.'Implementing the Plan. Vet action steps and complete draft (April) Community'meeting (May) Present to City Council for Adoption (July) ~~~~~~~.\-~_k:~~=~~ ~.L~~~~~~~l~~~O 'v~~~~~~~ (See copy of Arts and Culture Plan on file in the City Clerk's Office.) Council Member Bestpitch asked if more local participation in the Arts in Roanoke (AIR) Program and the City's purchase of more local art is expected to be part of the Arts and Cultural Plan. Mr. Carr advised that one of the action steps that had been studied is how to get more local artists involved and how to sell more of their products locally. Ms. Jennings interjected that this particular plan does not address purchases of local art as much as the Public Art Plan, and the City has been working within the restrictions of Virginia law in regard to what is purchased. Council Member Bestpitch remarked that sometimes art might need to be purchased nationally or internationally, but he would like for local artists to at least be aware of opportunities and that there is a supportive environment where they can make a proposal and be given consideration. Ms. Jennings assured the Council that local workshops have been held and the issue was being addressed. Vice-Mayor Trinkle asked if an Art District was needed; whereupon, Ms. Jennings responded that there were not a lot of comments about an Art District noted during the public meetings; however, an Art District was not off the table; and she will continue to research how other localities utilize such a district. The Vice-Mayor indicated that there was perennial interest as to the support of local artists, especially once the state eliminates its support. He questioned if the Arts Commission would continue to examine the tax incentives to ensure that local artists are aware of its availability. Ms. Jennings said that part of the solution is education. Mayor Bowers stressed the importance of promoting the City's diversity and a multi-cultural society; and in closing, he suggested that broadcasting outlets be included in the Arts and Culture Plan. 530 HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time I as a priority for citizens to be heard. Matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. BUSES: Fred Donaher appeared before the Council with regard to changes in the Valley Metro bus service. - The Mayor advised that the City would be funding the shortfall in funds, and therefore, there would not be changes to the bus service. YOUTH-SPORTS: George Riles, representative of Inner-City Athletic Association, appeared before the Council in connection with unfair treatment of the Inner-City Athletic Association. Council Member Bestpitch suggested that Mr. Riles contact the City Manager to arrange a meeting to discuss his concerns. Evelyn Bethel appeared before the Council to express congratulations to the Lady Bulldogs on a great basketball season and suggested that the Arts Commission consider all of Roanoke's past, namely the history of Gainsboro, Roanoke's first community. At 8:59 p.m., there being no further business, the Mayor declared the Council meeting in recess until Thursday, April 28, 2011, at 7:00 p.m., in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for the purpose of holding public hearings on the proposed Fiscal Year 2011-2012 budget for the City of Roanoke and HUD funding. I The recessed meeting of the Roanoke City Council was reconvened on Thursday, April 28, 2011 at 7:00 p.m., in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, William D. Bestpitch, and Mayor David A. Bowers-5. ABSENT: Council Member Rafael E. Ferris and Vice-Mayor David B. Trinkle-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. I I I I 531 The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that the purpose of the recessed meeting was to conduct public hearings on the proposed Recommended Fiscal Year 2011-2012 City Budget and Recommended 2011-2012 HUD Funding Budget. BUDGET: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 28, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the Recommended Fiscal Year 2011-2012 City Budget, in the amount of $258,697,000.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 20, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to speak on the proposed budget; whereupon, the following individuals appeared before the Council: Janet Scheid, President, Western Virginia Land Trust, spoke about the easements on Mill Mountain and Carvins Cove. Christy Gabbard, spoke in support of funding for Virginia Cooperative Extension and gave examples of services. Tom Cain, representative of the Nascent Lick Run Watershed Association, Inc., requested funding for assessment of the Lick Run Watershed's floodplain and wetlands, and other matters of mutual interest and concern relating to the Watershed. (For full text, see copy of remarks on file in the City Clerk's Office.) Alonee Crutchfield requested the continuation of funding at last year's level for the Virginia Cooperative Extension programs. Fran Thacker urged the Council to continue its support of the Virginia Cooperative Extension due to its years of involvement in the Roanoke Valley. Charles Sweat spoke about the programs offered by the Virginia Cooperative Extension, such as the 4-H Camp and asked that funding not be reduced. 532 May Johnson asked that funding be continued for brain injury services. I Rushdat Hale spoke in support of full funding for Virginia Cooperative Extension. Daniel Groth remarked that Virginia Cooperative Extension has been a viable resource and asked that funding not be decreased. Kathleen Nash, a brain injury survival, spoke in support of funding for brain injury services. Braxton Naff spoke about using urban archery as a cost-free alternative to expensive deer culling. (For full text, see copy of comments and email on file in the City Clerk's Office.) Jore Cooper asked that funding be continued for brain injury services. Duane Howard spoke about funding for proposed amphitheater being located in Elmwood Park. Mark Petersen spoke about traffic calming and the lack of maintenance of the landscaping in the medium and City's right-of-wa~s at the intersections of th Street and I Jamison Avenue, S. E., and Bullitt Avenue and 9t Street, S. E. Mark Powell urged the Council to not decrease funding for the Virginia Cooperative Extension programs. April Estrada spoke in support of full funding for Virginia Cooperative Extension education programs. Dr. M. Rupert Cutler expressed appreciation for financial support of the greenway trail construction as well as maintenance of the trail system, allocation to address the backlog of stormwater drain construction projects, etc. (For full text, see copy of written remarks on file in the City Clerk's Office.) Raekwon Moore spoke about the important programs provided by Virginia Cooperative Extension, especially 4-H and the impact that it has had on himself and others. (For full text, see copy of written comments on file in the City Clerk's Office.) I I I I 533 Jordan Watts spoke about what 4-H meant to him and the impact it has had on his life, and encouraged the Council not to decrease the funding to Virginia Cooperative Extension. (For full text, see copy of written remarks on file in the City Clerk's Office.) Susan Robertson spoke about funding for Virginia Cooperative Extension programs. Edith Reese spoke in support of services offered by Virginia Cooperative Extension and urged the Council to give consideration to the request of Braxton Naff with regard to deer culling. Dr. Robert Roth spoke about funding for sister cities program. Helen Butler asked the Council to give serious consideration to funding brain injury services. There being no further speakers, the Mayor declared the public hearing closed. He recapped the followings items shared by the speakers for funding: · Virginia Western Land Trust easements . Lick Run Greenway project . Brain injury services . Deer culling · Amphitheater in Elmwood Park · Maintenance of medium and right-of-ways in southeast . Sister Cities programs Council Member Bestpitch commented about the urban archery program, adding that he was impressed with the tone of those individuals who spoke at the public hearing and the number of speakers who remained following their remarks. Council Member Rosen commended City staff and assured the public that the City did not want to cut services; however to fund a program, money must be taken from somewhere. He also expressed appreciation to the speakers on their conduct during the public hearing. BUDGET-GRANTS-HOUSING: The City Clerk having advertised a public hearing for Thursday, April 28, 2011, at 7:05 p.m., or as soon thereafter as the matter may be heard, for the purpose of holding a public hearing on the recommended 2011- 2012 HUD Funds Budget, in the amount of $3,364,784.00, the matter was before the Council. 534 Legal advertisement of the public hearing was published in The Roanoke Times I on Thursday, April 21,2011. (See publisher's affidavit on file in the City Clerk's Office.) A summary of the recommended fiscal year 2011-2012 HUD Funds Budget is as follows: REVENUES ESTIMATES: CDBG 2011-2012 Entitlement Grant CDBG 2011-2012 Program Income CDBG Prior Year Carry-over and Excess Program Income HOME 2011-2012 Entitlement Grant HOME 2011-2012 Program Income HOME Prior Year Carry-over and Excess Program Income ESG 2011-2012 Entitlement Grant TOTAL HUD REVENUE $1,310,303.00 423,833.00 541,257.00 491,860.00 25,000.00 466,781.00 80.000.00 $3,364,784.00 RECOMMENDED EXPENDITURES: Housing Development Neighborhood and Economic Development Human Services (including Homeless Assistance) Planning and Administration TOTAL RECOMMENDED EXPENDITURES $2,153,552.00 525,333.00 I 340,818.00 345.081.00 $3,364,784.00 The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no further business, Mayor Bowers declared the Council meeting adjourned at 8:31 p.m. APPROVED ATTEST: ~~~ City Clerk ~~ Mayor I I I I 535 ROANOKE CITY COUNCIL-REGULAR SESSION May 2,2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, May 2, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Sherman P. Lea, Court G. Rosen (arrived late), David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-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, 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 Lea moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Trinkle, Bestpitch, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) (Council Member Rosen was not present when the vote was recorded.) 536 COUNCIL: A communication from the City Attorney requesting that Council I convene in a Closed Meeting to consult with legal counsel on a specific legal matter relating to pending litigation requiring the provision of legal advice, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) At this point Council member Rosen entered the Room (9:03 a.m.) Council Member Ferris moved that Council concur in the request from the City Attorney to convene in Closed Meeting as above described. The motion was seconded by Council Member Lea adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) COUNCIL: A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter relating to pending litigation requiring the provision of legal advice, pursuant to Section I 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 Ferris moved that Council concur in the request from the City Attorney to convene in Closed Meeting as above described. The motion was seconded by Council Member Lea adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. I I I I 537 TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. NONE. BRIEFINGS: Market Buildinq: Phil Schirmer, City Engineer gave an update on the renovation of the City Market Building, showed slides of its progress over the past months, and indicated that the work was on schedule. He also responded to several questions from Council Members. (See copy of presentation on file in the City Clerk's Office.) Vice-Mayor Trinkle wondered whether the counters would have overhangs for stools to be used; whereupon, Mr. Schirmer answered in the affirmative. Council Member Ferris inquired about the banquet area and if the original maple hardwood floor was being restored. Mr. Schirmer explained that a portion of the floor near the stage area was being restored to be used as a dance floor. Mr. Schirmer further explained that the banquet room may be used for meetings and various events, with carpet and draperies being used to improve the acoustics. Council Member Ferris also asked about the new wood flooring; whereupon, Mr. Schirmer indicated that new wood flooring was being utilized on the Mezzanine, adding that the wood on the third floor was original. Council Member Bestpitch questioned whether the building was fully ADA compliant; whereupon, Mr. Schirmer responded in the affirmative. Vice-Mayor Trinkle inquired how soon the streetscape would be completed. Mr. Schirmer responded that the streets were paved and the street lamps would be one of the last items to be put in place. The Vice-Mayor further inquired as to when the mosaic tiles would be installed in the four entrances; whereupon, the Assistant City Manager for Community Development responded that installation would commence in late June for completion within approximately one week. Mayor Bowers commented that the Mezzanine area was very valuable when students came in for field trips. He asked if that area was still available and big enough for that purpose; whereupon, Mr. Schirmer answered in the affirmative. 538 Phil Davis, Hotel Roanoke Conference Center Commission representative and a I Market Building Foundation Board Member, reported that more than 100 tenants have expressed an interest in locating in the Market Building, and 55 applications have been received. However, he stated of those, only 22 have passed the screening process. In addition, he pointed out that the top floor of the building would be called Charter Hall, and would be open to all caterers and available for public use; and that a soft opening of the Market Building would occur in mid-August, with a target date of Labor Day for the grand opening. Roger Elkin, Managing Partner with Hall Associates, Inc. -- Facility Manager and Leasing Agent for the Market Building, remarked that Hall Associates is looking at whether they will be able to accommodate the tenants who have applied, adding that some tenants might drop out during the process. Furthermore, they anticipate filling all food vendor stalls; however, recruiting retail vendors could present more of a challenge because this segment of the economy has been hit harder. He concluded that tenants would be announced when leases were signed and permits were in the place. Mayor Bowers then inquired if the Hall would be used as a separate venue for events booked through Hotel Roanoke; whereupon, Mr. Davis replied that the Hotel Roanoke considers the room to be a terrific addition to what is being offered by the Hotel. Council Member Bestpitch asked if any former vendors would be returning to the I Market Building; whereupon, Mr. Davis indicated that none of the former vendors have been turned down. Council Member Rosen asked if the tenants in the Market Building were being held to the same standard as tenants in any other commercial building. Mr. Davis responded in the affirmative. There being no further discussion of the Market Building renovations, the Mayor expressed appreciation to the presenters and acknowledged that all remarks would be received and filed. At this point Vice-Mayor Trinkle left the meeting (9:40 a.m.). Zoninq Ordinance Amendments: Chris Chittum, Planning Administrator gave an overview of the proposed amendments to the Zoning Ordinance, advising that City staff availed the proposed amendments to citizens through various avenues including public meetings, telephone and email inquiries, MyRoanoke messages, the Planning, Building, and Development webpage, emails to city neighborhood groups, and Facebook postings. (See copy of overview on file in the City Clerk's Office.) I I I I 539 Council Member Bestpitch asked if the Zoning Ordinance applied to prefabricated buildings; whereupon, Mr. Chittum advised that buildings fewer than 200 square feet were exempt from the Building Code. Council Member Rosen asked, if the current zoning ordinances were not changed, would a homeowner only be able to build inside of the setbacks on an existing foundation; whereupon, Mr. Chittum responded in the affirmative. Additionally, Council Member Rosen asked how difficult it would be to build an in- law suite over a garage; whereupon, Mr. Chittum explained that while the size of the structures would be limited, it would require a special exception from the Board of Zoning Appeals. Council Member Bestpitch inquired if a homeowner has a house that currently covers 40 percent of a lot would be allowed to build accessory buildings that covered an additional 40 percent for a total of 80 percent of the lot. Mr. Chittum advised that the buildings would still be governed by the impervious surface ratio. Council Member Bestpitch raised a question if single family homes could have gravel surface lots behind them for parking purposes, and the same home being a multi- family dwelling or a commercial business must be paved; whereupon, Mr. Chittum answered in the affirmative. Council Member Bestpitch further inquired as to how that helps control the maximum impervious surface; whereupon, Mr. Chittum explained that the surface could be made impervious, but the main concern is that the surface be durable and prevent migration of the gravel. Council Member Ferris questioned the difference in the price of pervious paving and impervious paving. Mr. Chittum responded that he has seen as much as double the cost. Art Plan Follow-up: Susan Jennings, Arts and Culture Coordinator and Tom Carr, Planning, Building and Development Department Director provided the opportunity for City Council members to ask additional questions about the Arts and Cultural Plan. Mr. Carr reminded everyone that he and Ms. Jennings had given a presentation on the Arts and Cultural Plan at the April 18, 2011 Council Meeting. In response to a question from the Mayor as to whether the Arts Cultural Plan included cultural activities such as Local Colors and Sister Cities, Mr. Carr answered yes, and added that the Arts Commission was working on an artist exchange program through Sister Cities and Local Colors which is funded through the Roanoke Arts Commission. 540 In response to an additional question posed by the Mayor as to whether the Arts I and Cultural Plan will cover public broadcast television such as WVTF Public Television; Ms. Jennings pointed out that in the prior year, the Arts Commission had funded a program on WBRA that featured local arts and WVTF has monthly art shows in the studios. In connection with 'proposed Arts and Culture Plan that was presented at the April 18, 2011 Council meeting, Ms. Jennings commented on an inquiry made by Council Member Bestpitch about the involvement of local artists, stating that she had reviewed the City of Roanoke's Art collection and determined that approximately 80 percent of the collection had been created by local artists; and she has been working diligently to encourage more local artists to submit their work. FY-12 Budqet Follow-Up: Amelia Merchant,Director of Management and Budget highlighted the following information regarding the FY 2012 Budget Development. She noted that the briefing was for information purposes only and had no affect on the balancing of the FY2012 budget: Agenda I May 2. 2011 Bulk/Brush Collection Circuit Court Judges Compensation Board Funding Priority Team Recommendations Roanoke Emergency Medical Services (REMS) Roanoke Valley Sister Cities Sheriff - Capital and Community Relations Specialist Social Services Programs for the Elderly Virginia Westem Community College - Scholarship Program School Funding First Cities Expenditure Comparison Mav 5-6. 2011 . Recycling . Virginia Cooperative Extension 2 I I I I 541 Bulk/Brush Collection · Bulk Collection: Cost: $946,713; FTE: 10.7 · Brush Collection: Cost: $354,344; FTE: 5.5 · Reduction from two week cycle to monthly collection · Approximate savings in altering Bulk Collection schedule: $389,000 including 7.2 FTE reduction · Approximate savings in altering Brush Collection: $94,000,2.5 FTE reduction · Community education plan would be required · Roanoke County - every two week collection cycle 3 Ms. Merchant advised that monthly bulk collection would save approximately $434,000.00, but a recommendation was not being offered at this time. Circuit Court Judges Reimbursement from other iustisdictions Net Cost to City of Roanoke - P_ersonal ~ervice~L QlLerating EXQenses Total I I I I $289.1241 $275.490 $290.000 I $275.000 I I $297.6261 $286.1391 $181.2261 $254.4321 . Personal services expenses are apportioned between the City of Roanoke, the City of Salem. and Roanoke County as follows: - City of Roanoke - 44% - Roanoke County - 44% - City of Salem - 12% 4 542 In response to inquiry, Council Member Ferris indicated that the City of Roanoke I has three judges. After further dialogue with regard to the amount of law clerks, a question was asked if the number of law clerks could be reduced; whereupon, the Assistant City Manager for Operations explained that it was the opinion of the judges that the law clerks were an important asset. Council Member Ferris suggested that the matter be analyzed with the Roanoke County and the City of Salem. Compensation Board Funding FY12 FY 09Actual FY 1) Actual FY 11Adopted Recommended Commonwealth's Attorney Expens e $1742,762 $1,673,181 $1,687,934 $1660,791 Revenue $ 984,624 $ 950,653 $941000 I La cal Share $758,138 $ 722,528 $ 746,934 $ 676,791 I Sheriff Expens e $13,984,847 $15,953,645 $'6,279,266 $'6,381,994 State Revenue $ 8,829,953 $8,1)1881 $8,061000 $ 7,525,000 Other Revenue $3,115,968 $2,076,324 $2,208,000 $ 1912,000 I Local Share $ 2,038,926 $ 5,775.4 $ 6,944,994 Co mmissionerofthe Revenue , Expens e $1068,790 $ 989,023 $1,004,663 $999,955 Revenue $285,742 $ 250,533 $232,000 $236,000 i La cal Share $ 783,048 $ 738,490 $ 772,663 $ 763,955 I Treasurer l Expense $1048,714 $ 998,893 $1,033,148 $1018.403 I Revenue $ 317,794 $ 269, 143 $240,000 $240,000 lLOC!:I..~~~r~___~,____ ____ $ 730,920 $ 729,750 $793,148 $778,403 , -. --- -- --.---.-- . ---..- I 'Clerk of Circuit Court retains revenue and does not receive revenue from Compensation Board, 5 With regard to the Compensation Board, Council Member Ferris asked that a breakdown of funding be provided to the Council at the Budget Study session on Thursday, May 5. I I I I 543 Roanoke Emergency Medical Services (REMS) . Non-profit, volunteer EMS organization . Supplements existing paid EMS staff when front-line staff deployed during high volume periods or during large incidents . Operates three to four 12 hour shifts weekly (mostly nights and weekends) . Provides medical standby for special events and civic functions . During last calendar year, answered 831 calls and provided 1,600 hours of coverage . Handles all purchasing & stocking of medical & oxygen supplies for City ambulances . One paid Business Administrator that coordinates EMS services and assists in medical supply & equipment provision . FY 2012 recommended funding level is $150,000 (level funded from FY 2011 ): - Operational support ($50,000) - City-provided vehicle fleet maintenance to REMS vehicles through Fleet Management ($50,000) - REMS-provided medical supplies to re-supply each medic truck ($50,000) 8 Council Member Bestpitch asked what would have to be added to the City personnel, if there were no Roanoke Emergency Medical Services (REMS); whereupon, Mr. Stovall replied that no personnel would have to be added because the City do not solely depend on REMS for its service delivery targets, adding that REMS provides supplemental support only. Roanoke Valley Sister Cities · City of Roanoke and Roanoke County are only two local governments providing funding · City of Roanoke: - FY10: Contribution of $12,000 . 86% of total actual revenue of $14,000 . Roanoke County contribution - $1,800 . Investment Income - $200 - FY11: Contribution of $10,800 . 89% of total budgeted revenue of $12,550 . Roanoke County contribution - $1,600 . Investment Income - $150 - FY12: Requested contribution of $10,800 . 89% of total revenue projection of $12,500 . Roanoke County contribution request - $1,600 Investment Income - $100 9 544 Mayor Bowers suggested that the membership of the Sister Cities Committee be reviewed in order to determine how many members were City residents. I Sheriff · Capital items are not funded in Sheriff's budget · I nmate phone commissions used to fund purchase of vehicles, fire arms, ammunition, security equipment, protective vests, DARE supplies, training costs, accreditation fees, resources for community events, facility upgrade expenses in cooperation with Facilities Management and budget flexibility · FY 2006 to FY 2011: Purchase of 13 vehicles · Currently have 37 vehicles (20 take-home) 10 Sheriff (Continued) . Community Relations Specialist - Essential duties and responsibilities based on job description: Plans, develops and delivers information to citizens through education and the media . Plans and coordinates Sheriff's Office participation in community, school and city events . Designs and prepares publicity materials, brochures, bookmarks, flyers, posters and other items as needed . Prepares speeches, reports and completes records as required . Coordinates the release of information regarding inmates, victims, witnesses, suspects and confidential departmental investigations and operations . Prepares departmental awards and commendations for staff . Provides public information/promotional materials including press releases, display boards, audio visual production, marketing, media relations and related work . Maintains contact with the media representatives to present accurate information about events Arranges news conferences and assist department personnel in preparation for news conferences . Plans and implements public safety programs . Evaluates and develops educational goals, objectives, polices and procedures including program content, methods and instructional materials and techniques . Designs and prepares department's annual report and calendar 11 I I I I I 545 Council Member Ferris questioned whether the City had replaced the Sheriff's Office vehicles and/or the duties of the Community Relations Specialist; whereupon, Mr. Stovall explained that no Sheriff vehicles had been replaced using City funds. Sheriff Octavia Johnson indicated that the Community Relations Specialist position was important and an asset to the department. Virginia Western Community College - Scholarship Program · FY 2012 - $9,938 allocation from City of Roanoke · VWCC Academic Scholarship - High school seniors apply through guidance officers - Academic based. Student must be a spring high school graduate with a GPA of 3.0 or higher, in the top 25% of their class. Student must have an SAT score of at least 900 - Student submits the VWCC application, the scholarship application, a copy of their high school grade transcripts, and a personal essay on their goals and extra-curricular activities · Scholarship pays for tuition for 1 year for up to 12 credit hours · # City scholarships in a year 13 The Director of Finance clarified that the CCAP Program Scholarship was based upon need and Virginia Western Community College scholarship program was based upon merit. Vice-Mayor Trinkle asked if each locality had a similar scholarship program; whereupon, the City Attorney advised that most do, but it was per capita based, for example, Craig County's scholarship is approximately $1,700.00. In response to inquiry about the median along Colonial Avenue leading up to the Virginia Western Community College campus; the Mayor advised that the concept was presented and discussed, but somehow it got lost in the six-year plan for the school. 546 Roanoke Local Funds Per ADM 2nd Highest Among Comparator Cities Before Addition of 2~ Meals Tax in FY11 I 7,000 6,000 . Hampton 5,000 o Norfolk o Portsmouth 4,000 . Lynchburg 3,000 o Newport News 2,000 II Roanoke . Richmond 1,000 Source: Tables 12 and 15 Superintendent's Annual Report for Virginia FY09 14 Local Funding per ADM Has Increased in Recent Years I 6,000 5,000 4,000 3,000 2,000 1,000 FY04 FY05 FY06 FY09 FY07 FY08 1111 Locality Funds/ADM I Source: Tables 12 and 15 - Superintendent's Annual Report for Virginia FY 04-(l& I I I I 547 FY10 Comparison of Expenditures by Function - Virginia First Cities 1st Cities Newport Locality Roanoke~ Averaae Hampton Lvnchbur Martinsville News Norfolk Petersbura Portsmouth Richmond General . Government Administration 3:6% 4.3% 4.9% 4.9% 7.9% 4.0% 2.9% 3.1% 3.0% 6.1% Judicial Administration 1.6% 2.0% 1.4% 2.3% 3.2% 1.5% 1.8% 2.2% 1.9% 1.7% Public Safety 18;1% 19.2% 15.6% 19.6% 15.8% 17.2% 19,8% 23.1% 22.5% 20,7% Public Works 7.5% 8.9% 7.5% 9.6% 8.1% 5.9% 10.4% 9.1% 8.0% 7.3% Health and . ~ Welfare 18.2% 14.0% 13.4% 18.5% 11.4% 12.1% 13.3% 15.5% 11.1% 14.6% Education 45.6% 43.8% 47.3% 39.0% 44,9% 50.3% 43.0% 41.4% 44.0% 36.6% Parks, . Recreation, and Cultural 3.0% 4.0% 5.6% 3.9% 2.2% 4.4% 5.5% 3.4% 3.7% 2.9% Community Development 2.3% .3.9% 4.3% 2.2% 6.5% 4.6% 3.3% 2.3% 5.7% 10.0% Total Expenditures 100.0% 100.0% 100.0% 100.0% 100.0% 100.(1% 100.0% 100.0% 100.0% 100.0% Source: Virginia Auditor of Public Accounts: Comparative Report of Local Government Revenues and Expenditures For the Year Ending June 30,2010 16 Council Member Ferris inquired about the I.arge variations when comparing other cities in Virginia; whereupon, the Assistant City Manager for Community Development advised that the structure of government varies from City to City and departments fall under different categories often making it difficult to have level comparisons. The Mayor expressed appreciation to City staff for the FY2012 budget fo.llow-up. He announced that Budget Study would be held on Thursday, May 5 at 8:30 a.m., in the EOC Conference Room. At 1 :06 p.m., Mayor Bowers declared the Council meeting in recess until 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Court G. Rosen, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris, and Mayor David A. Bowers-6. ABSENT: Council Member Anita J. Price-1. The Mayor declared the existence of a quorum. 548 OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. I Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by the Reverend Philip Bottomley, Pastor, Church of St. Peter and St. Paul. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-BICYCLES: Barbara N. Duerk, member of the Blue Ridge Bicycle Club, appeared before the Council and presented the 2011 Virginia Governors Bike Month Proclamation to the City of Roanoke. Ms. Duerk presented the Governor's proclamation to the Mayor and City Administration. She also shared a copy of an advertisement highlighting Bike Month. (See copy of proclamation and flyer on file in the City Clerk's Office.) PROCLAMATIONS-DISABILITIES: The Mayor declared the month of May 2011 I as Exercise is Medicine Month. Mayor Bowers presented the proclamation to Elizabeth Holbrook, Assistant Professor, Department of Health and Human Performance, Roanoke College. (See copy of proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. Buford Overstreet, Consultant, Common Sense Solutions, appeared before Council and spoke about upgrades to Elmwood Park in order to make it more appealing to host varied events. Mr. Overstreet offered two options for consideration in addition to the four million plus option being considered by the Council. (See copy of remarks on file in the City Clerk's Office.) Robert Gravely appeared before Council and again spoke about past actions by the Council and City Administration regarding his dismissal from employment with the City. I I I I 549 Evelyn Bethel appeared before Council and commented on the improvements to Elmwood Park. She urged the Council to seek citizen input regarding prior to making any improvements to the Park. CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, March 21,2011, were before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) TOWING ADVISORY BOARD: A communication from the City Clerk advising of the resignation of Sergeant Stan Smith as a member of the Towing 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 Elder Lea and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) 550 OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: Report of I qualification of Braxton Naff as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Karena J. Clinton ending June 30, 2012. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the report of qualification be received and filed. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Price was absent.) REGULAR AGENDA PUBLIC HEARING: NONE. PETITIONS AND COMMUNICATIONS: ROANOKE VALLEY REGIONAL CABLE TELEVISION: Vice-Mayor David B. I Trinkle, City Council's representative to the Roanoke Valley Regional Cable Television Committee, transmitted a copy of the RVTV Fiscal Year 2011-2012 Budget. (See copy of Fiscal Year 2011 -2012 Budget on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39099-050211) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2011-2012 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV Channel 3), and for the City to provide partial funding. (For full text of resolution, see Resolution Book No. 74, page 614.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39099-050211. The motion was seconded by Elder Lea. I I I I 551 Discussion was held with regard to televising certain briefings during the 9:00 a.m. informal sessions of Council. Elaine Bays, Cable Access Manager, remarked that the necessary equipment was non-existent in the Emergency Operations Center Conference Room where the monthly informal sessions were being held; however, she suggested that RVTV tape the briefings in the Council Chamber for playback at a later time if the Council so desired. Council Member Ferris inquired if the number of households that viewed RVTV Channel 3 could be measured; whereupon, Ms. Bays-Murphy replied no. Evelyn Bethel appeared before the Council and commended RVTV on its efforts. Following discussion of the matter, Resolution No. 39099-050211 was adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTIONS: BUDGET-DONATIONS: The City Manager submitted a written communication recommending acceptance and appropriation of funds donated by Oakey's Funeral Service & Crematory to support maintenance of the landscaping in one quadrant of the Hershberger Road and Valley View Boulevard Interchange. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: 552 (#39100-050211) A RESOLUTION accepting a donation"of funds from Oakey's I Funeral Service and Crematory (Oakey's) to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to assist with the maintenance of the landscaping in one quadrant of the Hershberger Road and Valley View Mall Boulevard interchange; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation; and expressing the City's appreciation for such donation. (For full text of resolution, see Resolution Book No. 74, page 615.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39100-050211. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) Vice-Mayor Trinkle offered the following budget ordinance: I (#39101-050211) AN ORDINANCE to appropriate funding from the Oakey's Funeral Service and Crematory to the Maintenance and Landscaping of Hershberger and Valley View Boulevard Interchange project, amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 616.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39101-050211. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) I I I I 553 CITY CODE-SCHOOLS: The City Manager submitted a written communication recommending amendment of the City Code in connection with parking regulations at Virginia Western Community College, effective July 1, 2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39102-050211) AN ORDINANCE repealing Section 20-69, ParkinQ requlations on property of Virqinia Western Community Colleqe, Division 1, Generally, Article IV, Stoppinq, Standinq and Parkinq, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 617.) Council Member Rosen moved the adoption of Ordinance No. 39102-050211. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) COMMENTS BY THE CITY MANAGER: The City Manager announced that May is Neighborhood Month and 14 neighborhood organizations and watch groups would be participating. He added that Neighborhood Month will culminate May 25 - 29 in Anchorage, Alaska, with the Neighborhoods USA Conference and eight city neighborhood representatives will be in attendance. In addition, Neighborhood Month events were posted on the City's website at www.roanokeva.qov/neiqhborhoods under the Neighborhood Month link, and on the RVTV Message Board. Furthermore, Mr. Morrill shared that the Parks and Recreation Department will hold the Roanoke River Greenway Festival on Saturday, May 14 starting at 10:00 a.m., along the greenway in Wasena Park, Smith Park, and in the River's Edge Sports Complex; and, this year Gallop 4 the Greenways (a Pathfinders for Greenways fundraiser) and the Down by the River Music Festival would also be part of the fun. He pointed out that registration was not required for the greenway festival, but those who wanted to take part in the Gallop 4 the Greenways must register, and said details were available at www.roanokeva.gov/greenwayfestival. 554 DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the March 2011 Financial Report. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance gave an overview of the City's financial results for the first nine months of the 2010-2011 Fiscal Year. She pointed out that the General Fund revenues through March of FY11 were 0.9 percent or $1,518,000.00 above last year as presented in the financial statement attached to the March financial report, adding that the Real Estate Tax collections through March had decreased 0.7 percent compared with last year, and the current expenditure budget for FY1 represented a 0.9 percent decrease from the March FY10 budget due primarily to budget reduction measures in programs and services. Following a lengthy discussion of the financial report, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: SCHOOL BOARD: Council Member Bestpitch offered the following resolution reappointing David B. Carson and Lori E. Vaught as School Board Trustees on the Roanoke City School Board for three-year terms of office, commencing July 1,2011 and ending June 30, 2014: (For full text, see communication on file in the City Clerk's Office.) (#39103-050211) A RESOLUTION reappointing David B. Carson and Lori E. Vaught as School Board Trustees on the Roanoke City School Board for terms commencing July 1,2011, and ending June 30, 2014. (For full text of resolution, see Resolution Book No. 74, page 618.) I I I I I I 555 Council Member Bestpitch moved the adoption of Resolution No. 39103-050211. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: COUNCIL: Council Member Rosen called attention to the Council's decision to decrease its salary for the 2010-2011 fiscal year, adding that the Council needed to lead by example and decline to restore its salary. He offered a motion that the restoration of the five percent increase of the Council's salary not be restored for Fiscal Year 2011- 2012. The motion was seconded by Council Member Ferris. Council Member Bestpitch concurred in the comments given by Council Member Rosen and commended the Council-Appointed and Constitutional Officers and the two Assistant City Managers for declining the one-time bonus stipend that was being awarded to City employees in June 2011, adding that leadership was being exhibited. Elder Lea remarked that following deliberations, he too was in agreement with Council Member Rosen; however, he wanted to note for the record that the amount would have been a restoration of five percent, not an increase in Council's salaries. Following additional comments from the Council Members, the motion offered by Council Member Rosen, seconded by Council Member Ferris was adopted by the following vote; AYES: Council Members Lea, Rosen, Bestpitch, Ferris and Vice-Mayor Trinkle-5. NAYS: Mayor Bowers-1. (Council Member Price was absent.) VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to a vacancy on the Roanoke Public Library created by the resignation of the Lauren D. Saunders for a term ending June 30, 2013; whereupon, he opened the floor for nominations. 556 Vice-Mayor Trinkle placed in nomination the name of Marianne Gandee. I There being no further nominations, Ms. Gandee was appointed as a member of the Roanoke Public Library Board to fill the unexpired term of Lauren D. Saunders ending June 30, 2013, by the following vote: FOR MS. GANDEE: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE BOARD: The Mayor called attention to the expiration of the four-year terms of office of William M. Hackworth and Joseph Wright as City representatives of the Virginia Western Community College ending. June 30, 2011. Inasmuch as Mr. Wright has served two consecutive terms of office, he was ineligible for reappointment; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of William M. Hackworth and Mark Lawrence. There being no further nominations, Mr. Hackworth was reappointed and Mr. Lawrence was appointed, effective July 1, 2011, as City representatives of the I Virginia Western Community College Board for four-year terms of office ending June 30, 2015, by the following vote: FOR MESSRS. HACKWORTH AND LAWRENCE: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-COURT COMMUNITY CORRECTIONS PROGRAM REGIONAL COMMUNITY CRIMINAL JUSTICE BOARD: The Mayor called attention to the upcoming expiration of the three-year terms of office of the Honorable Jacqueline Talevi and Joseph Bounds as City representatives of the Court Community Corrections Program Regional Community Criminal Justice Board ending June 30, 2011. Due to conflicts in schedule, Judge Bounds has declined to serve another term; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Jacqueline Talevi. I I I I 557 There being no further nominations, Judge Talevi was reappointed as a City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three-year term of office ending June 30, 2014, by the following vote: FOR JUDGE TALEVI: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-REGIONAL VIRGINIA ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD: The Mayor called attention to the expiration of the three- year term of office of Deputy Police Chief Tim Jones, Police Chief Designee, as the City's representative of the Regional Virginia Alcohol Safety Action Program Policy Board ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Tim Jones. There being no further nominations, Deputy Police Chief Jones, Police Chief designee, was reappointed as a City representative of the Regional Virginia Alcohol Safety Action Program Policy Board for a three-year term of office ending June 30, 2014, by the following vote: FOR DEPUTY POLICE CHIEF JONES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to the expiration of the three-year term of office of Susan Koch as a member of the Roanoke Public Library Board ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Susan Koch. There being no further nominations, Ms. Koch was reappointed as a member of the Roanoke Public Library Board for a three-year term of office ending June 30, 2014, by the following vote: FOR MS. KOCH: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) 558 OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL I COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE: The Mayor called attention to the expiration of the three-year terms of office of Christopher P. Morrill, Jay Foster, Terri F. Workman and Vice-Mayor David B. Trinkle as City Representatives of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee on March 31, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Christopher P. Morrill and Terri Workman. There being no further nominations, Mr. Morrill and Ms. Workman were reappointed as City representatives of the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee for three-year terms of office ending March 31,2014, by the following vote: FOR MR. MORRILL AND MS. WORKMAN: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-ROANOKE ARTS COMMISSION: The Mayor called attention to the expiration of the three-year terms of office of Dr. Frank J. Eastburn, I Susan Egbert, Douglas Jackson, Taliaferro Logan and Charlene Graves as members of the Roanoke Art Commission ending June 30, 2011. Inasmuch as Dr. Eastburn has served three consecutive terms of office, he is not eligible for reappointment; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Susan Egbert, Douglas Jackson, Taliaferro Logan and Charlene Graves. There being no further nominations, Ms. Egbert, Mr. Jackson, Ms. Logan and Ms. Graves were reappointed as members of the Roanoke Art Commission for three-year terms of office ending June 30, 2014, by the following vote: FOR MS. EGBERT, MS. GRAVES, MS. LOGAN MR. JACKSON: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) I I I I 559 Vice-Mayor Trinkle moved that the City residency requirement for Ms. Egbert be waived in this instance. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) OATHS OF OFFICE-ROANOKE VALLEY GREENWAY COMMISSION: The Mayor called attention to the expiration of the three-year term of office of James B. Lee as a City representative of the Roanoke Valley Greenway Commission ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of James Lee. There being no further nominations, Mr. Lee was reappointed as a City representative of the Roanoke Valley Greenway Commission for a three-year term of office ending June 30,2014, by the following vote: FOR MR. LEE: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to the expiration of the three-year terms of office of Curtis Mills, Letitia Smith and Meg Munton as members of the Personnel and Employment Practices Commission ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Curtis Mills and Meg Munton. There being no further nominations, Mr. Mills and Ms. Munton were reappointed as members of the Personnel and Employment Practices Commission for three-year term of office ending June 30,2014, by the following vote: FOR MR. MILLS AND MS. MUNTON: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) 560 Vice-Mayor Trinkle moved that the City residency requirement for Ms. Munton be I waived in this instance. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) OATHS OF OFFICE-MILL MOUNTAIN ADVISORY BOARD: The Mayor called attention to the expiration of terms of office of Richard Clark, Michael Loveman and Louise Kegley as members of the Mill Mountain Advisory Board ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Richard Clark and Louise Kegley. There being no further nominations, Mr. Clark and Ms. Kegley were reappointed as members of the Mill Mountain Advisory Board for three-year terms of office ending June 30, 2014, by the following vote: FOR MR. CLARK AND MS. KEGLEY: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. I (Council Member Price was absent.) OATHS OF OFFICE-ROANOKE VALLEY REGIONAL CABLE TELEVISION: The Mayor called attention to the expiration of three-year term of office of Robert Lewis Leftwich as the City's representative of the Roanoke Valley Regional Cable Television Committee ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Robert Leftwich. There being no further nominations, Mr. Leftwich was reappointed as the City's representative of the Roanoke Valley Regional Cable Television Commission for a three year of office ending June 30, 2014, by the following vote: FOR MR. LEFTWICH: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) I I I I 561 OATHS OF OFFICE-WESTERN VIRGINIA WATER AUTHORITY: The Mayor called attention to the expiration of a four-year term of office of Marc Fink as a City representative of the Western Virginia Water Authority ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Marc Fink. There being no further nominations, Mr. Fink was reappointed as a City representative of the Western Virginia Water Authority for a four year term of office ending June 30, 2015, by the following vote: FOR MR. FINK: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. (Council Member Price was absent.) OATHS OF OFFICE-ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION: The Mayor called attention to the expiration of three-year term of office of Vice-Mayor David Trinkle (elected official) and Dr. M. Rupert Cutler (non- elected official) as City representatives of the Roanoke Valley Area Metropolitan Planning Organization ending June 30, 2011; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of David Trinkle (elected official) and M. Rupert Cutler (non-elected official). There being no further nominations, Vice-Mayor Trinkle (elected official) and Dr. Cutler (non-elected official) were reappointed as City representatives of the Roanoke Valley Area Metropolitan Planning Organization for a three year term of office ending June 30, 2014, by the following vote: FOR DR. CUTLER AND DR. TRINKLE: Council Members Lea, Rosen, Trinkle, Bestpitch, Ferris, and Mayor Bowers-5. (Council Member Price was absent.) 562 COUNCIL: With respect to the Closed Meeting just concluded Vice-Mayor I Trinkle 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 Lea, Rosen, Trinkle, Bestpitch, Ferris and Mayor Bowers-6. NAYS: None-O. (Council Member Price was absent.) At 3:36 p.m., the Council meeting was declared in recess until Thursday, May 5, 2011, at 8:30 a.m., in the EOC Conference Room, Room 159, at which time the Council will convene in Fiscal Year 2011-2012 Budget Study. The regular meeting of Roanoke City Council, which was called to order on Monday, May 2, 2011, at 9:00 a.m., reconvened on Thursday, May 5, 2011, at 8:30 a.m., in the EOC Conference Room, Room 159, Noel C. Taylor Municipal Building, I 215 Church Avenue, S. W., with Mayor David A. Bowers and Chairman David B. Carson presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, William D. Bestpitch and Mayor David A. Bowers-6. ABSENT: Council Member Raphael E. Ferris-1. The Mayor declared the existence of a quorum. SCHOOL BOARD TRUSTEES PRESENT: Jason E. Bingham, Mae G. Huff, Suzanne P. Moore, Todd A. Putney, Lori E. Vaught and Chairman David B. Carson-6. SCHOOL BOARD TRUSTEES ABSENT: Annette Lewis-1. 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. I I I I 563 OTHERS PRESENT: R. Brian Townsend, Assistant City Manager for Community Development, Sherman M. Stovall, Assistant City Manager for Operations; and Amelia A. Merchant, Director, Management and Budget; Dr. Rita Bishop, Superintendent of Schools; Dr. Curt Baker, Deputy Superintendent of Schools; Cindy Poulton, Clerk of the School Board; and Timothy Spencer, General Counsel for Roanoke City Public Schools. BUDGET: The Mayor advised that the purpose of the meeting was to engage in Fiscal Year 2011-2012 budget study deliberations and finalize budget decisions so that ordinances could be prepared and adopted at a continued reconvened Council meeting on Monday, May 9,2011. The Invocation was delivered by Mayor David A. Bowers in observance of National Day of Prayer. Chairman Carson advised that the budget season has been stressful for all, but on a positive note the City contributed over $68 million to the school system demonstrating the City's commitment to the schools. School Board Trustee Putney was pleased that the funding formula for the Schools had been increased and would be adopted at the Council meeting on May 9. School Board Trustee Bingham was pleased to be a part of an entity that was committed to the academic success of the City's children, adding that he must tender his resignation as a member of the School Board because of personal and business obligations. Mayor Bowers and Members of Council expressed appreciation to Trustee Bingham for his work as a School Board Trustee, especially his efforts with the CCAP Program. After further dialogue with regard to the CCAP Program, Chairman Carson commented that the State was funding the school system at the same rate of six years ago, and was most appreciative of the City's efforts with the increase to its meals tax. At 9:07 a.m., there being no further business, Chairman Carson declared the School Board meeting adjourned. At 9:07 a.m., Mayor Bowers declared the Council meeting in recess. At 9:20 a.m., the meeting reconvened in the EOC Conference Room, Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Council Member Ferris. 564 The City Attorney pointed out that School Board Trustee Bingham needed to I submit his resignation to the City Clerk in writing, with an effective date in order for it to be formally accepted by the Council. There was significant discussion regarding the selection process to fill the unexpired term of School Board Trustee Bingham. Amelia Merchant, Director of Management and Budget, highlighted the following items targeted for review: · Budgeting for Outcomes Process · Recycling · Brain Injury Services · Western Virginia Land Trust · Virginia Cooperative Extension · Deer Culling · Cell Phone Stipend Budaetina for Outcomes Process · Council Budget Work Sessions: - November 1 - December 6 - February 7 - March 7 - April 4 - May 2 · Budget Offers received · Priority Team and Budget Committee Reviews and Recommendations · Recommended Budget Completion and Presentation April18 I FY 2011-2012 Budaet · Recommended budget is balanced and meets Council priorities · Budget Totals - $258,697,000 - Increase of $5,334,000 or 2.1 % - Includes no increase in real estate or other local tax rates - Involves minimal impact to City workforce - only as related to a discontinued state-funded program I I I I 565 Recvclina · Current Program Parameters: - Curbside (all paper and cardboard products, bottles and cans) - State Mandated Diversion Rate: 25% - Current Diversion Rate: 45% - Program Cost: $475,593 - Cost Avoidance: $43,400 · Potential Revised Program Parameters: - 6 drop off centers (paper, bottles and cans) - Personnel: Overtime for 1 FTE - Contamination assumption - Estimated Program Cost: $137,393 · Potential Savings: $294,800 · Recommendation: No change to the current program. Council Member Rosen inquired if the $137,393.00 included potential problems that could occur with drop-off service; whereupon, the City Manager replied that no problems were anticipated and the next phase in recycling would be to use one container for all recyclables and have it sorted at a recycling facility. Following additional questions and/or comments by the Council, Mayor Bowers noted that in August 2010, the Council participated in a retreat and asked the Council and Administration to consider scheduling another retreat during the upcoming year. Ms. Merchant continued with the overview as follows: Brain Iniury Services of Southwest Virainia · Serving children, adolescents and adults living with the disability of brain injury and reside in 1 st, 2nd, 3rd, 4th, 5th Planning Districts or a portion of District 12. Others may receive technical or consultative assistance. · FY 2011 Budget: $905,347; FY 2012 Budget: $958,221 · Adjacent Jurisdiction Support: - FY2011: · Roanoke County: $2,000 · City of Salem $2,000 · Botetourt County: $6,750 - FY 2012: · Roanoke County: $13,000 (requested) · City of Salem: $2,000 (requested) · Botetourt County: $6,750 (confirmed) 566 · FY 2012 Request: - $18,400 (Human Services Committee) - $0 (HUD) · HUD Funding: - FY 2011: $10,000 - FY 2010: $20,000 - FY 2009: $30,000 · Recommendation: Defer to the Human Services Committee allocation process I Western Virainia Land Trust · Mission: Promoting the conservation of western Virginia's natural resources · Budget Request: $2,600 · Funding to support manpower to carry out Carvins Cove and Mill Mountain easement monitoring · Funding for easement monitoring not a part of agreement Recommendation: Do not fund Council Member Bestpitch inquired if the $2,600.00 should have been included in the agreement which was adopted by the Council; whereupon, the City Manager advised that if City staff had known that the cost was ongoing, it would have been I handled differently. The City Attorney advised that as a member of the Western Virginia Land Trust, by law, they cannot require the interested party to pay the monitoring fee and the policy of the Board has been to ask the interested party to voluntarily pay the fee that is put into a trust to be used for the annual monitoring. He further advised that the Board waived asking the City for the fee upfront because it was the first easement to be given to the Land Trust from a public agency. Council Member Rosen commented that he agreed with the recommendation and stated that the land belongs to the City and must be maintained by the City. Mayor Bowers requested information with regard to other jurisdictions that support the Western Virginia Land Trust; whereupon, the City Manager advised that he compile and provide that information at a later date. He also inquired about the types of measures of monitoring the City has in place and suggested working with the Land Trust on the task of monitoring. I I I I 567 Virainia Cooperative Extension · FY 2011 Funding: $68,300 · Focus Areas and Residents Served: - Agriculture and Natural Resources (ANR): · City of Roanoke Residents Served: 2,762 - Family and Consumer Sciences (FCS): · City of Roanoke Residents Served: 2,090 - 4-H Youth Development: · City of Roanoke Residents Served: 4,318 - Community Viability: · City of Roanoke Residents Served: 0 · Recommended Budget: $32,000 · Recommendation: Allocation of $68,300 ($36,300 funded from Contingency) · Use FY 2012 to better define the scope of services and align with Budgeting for Outcomes priorities, purchasing strategies and outcomes Council Member Rosen suggested that agencies provide information to the Council reflecting exactly how the awarded funds allocated were being spent. Deer Cullina · $64,366 budgeted over three fiscal years ... 396 deer culled · October-April culling cycle · Contract allows for two more years with current contractor · Recommendation: Allocate $75,000 every three years (Year 1: 200 deer; Year 2: 130 deer; Year 3: 55) The Assistant City Manager for Community Development advised that the average costs per deer culled was $165.00. Urban Archerv · April 1 st deadline to file for program · State mandated components · Local components · FY 2010: 300 deer culled statewide · Not recommended for deer management purposes 568 Cell Phone Stipend · Wireless devices (cell phones and personal data assistants) are assigned to employees based on need and justification (job responsibilities) · Wireless devices provided for "Official City Business" - Current administrative procedure requires reimbursement for personal calls valued at $5 or more on a monthly basis · Current administrative policy resulted in many employees carrying a city- issued wireless device and a personal wireless device · Localities are beginning to provide a stipend to employees for use of personal wireless device for business purposes · Pay plan ordinance will include authorization for the City Manager to develop an administrative policy and procedure to provide a pay stipend to eligible employees who use personal wireless device for City business - $30 per month for cell phones - $50 per month for personal data assistants · No change in justification process · Budget neutral I Council Member Lea inquired if cell phones and text messages could be audited; whereupon, the City Attorney replied only information that pertains to City business. Council Member Price asked what the criterion to receive the phone and stipend I was; whereupon, the City Manager advised that it depends on the position of the employee and volume of calls. Council Member Bestpitch inquired about a follow-up to comments from Tom Kaine regarding stormwater management, which was presented at the April 18 Council meeting; whereupon, the City Manager explained that staff was putting together a presentation on the watershed and stormwater utility. Council Member Bestpitch remarked that the Jefferson Center has serious roof leakage and he proposed that the City staff review some alternatives to see how it may be of assistance to the Center. He suggested that the City be proactive and ask agencies what they are doing to save funds for capital projects. Several Council members commented on the roof problem at the Jefferson Center. The City Manager advised that he would report back to Council with a recommendation based upon the Jefferson Center's plan to maintain the building and challenge amount that is not precedent setting. I I I I 569 There being no further business, the Mayor declared the meeting in recess at 10:38 a.m., until Monday, May 9, 2011, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, at which time the Council would adopt the City of Roanoke Recommended Fiscal Year 2011-2012 Budget. The recessed meeting of Roanoke City Council, which was called to order on Thursday, May 5, 2011 at 8:30 a.m., reconvened on Monday May 9, 2011, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Anita J. Price, David B. Trinkle, William D. Bestpitch, Rafael E. Ferris and Mayor David A. Bowers-6. ABSENT: Council Member Rosen -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 Jonathan E. Craft, Deputy City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET: The Mayor advised that the purpose of the meeting was to adopt measures in connection with the City's Recommended 2011-2012 Fiscal Year Budget. BUDGET: The Director of Finance submitted a communication certifying that funds required for the 2011-2012 General Fund, Civic Facilities Fund, Parking Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Services Fund, School Athletics Fund and Grant Fund budgets will be available for appropriation. (See Certificate of Funding on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Certificate of Funding would be received and filed. 570 BUDGET-FEE COMPENDIUM-CITY CODE-PARKING GARAGES-PARKS AND I RECREATION-BUILDING INSPECTIONS: The City Manager submitted a written communication recommending an amendment of the City's Fee Compendium (fee and rate schedule) in connection with proposed fee and rate changes for preliminary building plan review fee for other jurisdictions, Parks and Recreation miscellaneous rental fees, Campbell Garage - long term parking, Williamson Lot - long term parking, and downtown residential parking rates, effective July 1, 2011. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39104-050911) A RESOLUTION providing for an amendment of the fees charged at the City owned and/or controlled parking facilities known as the Campbell Garage and Williamson Lot; establishing a new monthly residential parking fee for all City owned and/or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot; authorizing the City Manager to modify, waive, or reduce such parking fees under certain conditions; providing for assessment of certain fees for late payment or nonpayment of such parking fees; establishing an effective date; authorizing the City Manager to issue guidelines to implement, I administer, and enforce such fees; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 74, page 619.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39104-050911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) Vice-Mayor Trinkle offered the following resolution: (#39105-050911) A RESOLUTION amending the Fee Compendium to establish new miscellaneous rental fees for the City's Parks and Recreation, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 627.) I I I I 571 Vice-Mayor Trinkle moved the adoption of Resolution No. 39105-050911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) Vice-Mayor Trinkle offered the following resolution: (#39106-050911) A RESOLUTION amending the Plan Review Service Charge portion of the Building Inspection Fees section of the Fee Compendium to establish new fees for building plan reviews and to amend an established building plan review fee, as set out below; and establishing an effective date. (For full text of resolution, see Resolution Book No. 74, page 629.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39106-050911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) CITY EMPLOYEES-POLICE-PARKING FINES-CITY CODE: The City Manager submitted a written communication recommending an amendment of the City Code to allow certain City employees designated by the City Manager to immobilize vehicles for outstanding parking fines, and to issue parking tickets, effective July 1, 2011. (For full text, see communication on file in the City Clerk's Office.) 572 Council Member Price offered the following ordinance: (#39107 -050911) AN ORDI NANCE amending and re-ordaining Section 20-76, Parkinq spaces reserved for persons with disabilities, of Division 1, Generally, of Article IV, Stoppinq, Standinq, and Parkinq, of Chapter 20, Motor Vehicles and Traffic, and Section 20-88, Duties of police officers, Section 20-89, Penalties for unlawful parkinq, and Section 20-90, Immobilization of motor vehicles aqainst which there are outstandinq parkinq violations, of Division 3, Duties of Police Officers; Penalties for Unlawful Parkinq, of Article IV, Stoppinq, Standinq and Parkinq, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, to allow certain City employees designated by the City Manager, other than police officers or employees of the police department, the authority to immobilize vehicles for outstanding parking fines, and to issue tickets for on-street parking violations; providing for an effective date; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 631.) Council Member Price moved the adoption of Ordinance No. 39107-050911.The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) SCHOOLS: The City Manager submitted a written communication recommending adoption of a School Funding Policy. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#39108-050911) A RESOLUTION approving and adopting a School Funding Policy for funding the City's School Division. (For full text of resolution, see Resolution Book No. 74, page 635.) I I I I I I 573 Council Member Lea moved the adoption of Resolution No. 39108-050911. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) BUDGET-TECHNOLOGY-SCHOOLS-FLEET-GRANTS: The City Manager submitted a written communication recommending adoption of an Annual General, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, Schools, School Food Services, School Athletics, and Grant appropriations for the fiscal year beginning July1, 2011 and ending June 30,2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following budget ordinance: (#39109-050911) AN ORDINANCE adopting the annual General, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2011, and ending June 30, 2012; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 636.) Council Member Ferris moved the adoption of Ordinance No. 39109-050911.The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) 574 CITY EMPLOYEES-PAY PLAN: The City Manager submitted a written I communication recommending adoption of a Classification Plan for officers and employees of the City, authorization for certain salary increments; continuation of a police career enhancement program; continuation of a Firefighter/Emergency Medical Technician merit pay program; a Community Policing Specialist program; payment of a monthly stipend to certain board and commission members; an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; and continuation of the temporary salary reductions of the Mayor, Vice-Mayor and Members of Council, effective July 1,2011 (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#39110-050911) AN ORDINANCE authorizing the City Manager to promulgate a Classification Plan for officers and employees of the City effective July 1, 2011; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned duties in a non-uniform capacity; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; authorizing annual salary increments I for employees performing fire inspector duties; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for a Community Policing Specialist program; providing for payment of a monthly stipend to certain board and commission members; providing for an increase in base annual salary for any employee of the Sheriff who meets the qualifications for and has been appointed Master Deputy Sheriff; continuing the temporary salary reductions of the Mayor, Vice-Mayor, and members of Council; providing for an effective date; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 644.) Council Member Bestpitch moved the adoption of Ordinance No. 39110-. 050911.The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) I I I I 575 BUDGET-CAPITAL IMPROVEMENT PROGRAM: The City Manager submitted a written communication recommending an endorsement of the Capital Improvement Program Update for FY2012 2016 (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39111-050911) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 9,2011. (For full text of resolution, see Resolution Book No. 74, page 648.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39111-050911. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) Vice-Mayor Trinkle offered the following budget ordinance: (#39112-050911) AN ORDINANCE to appropriate funding for the FY 2012-2016 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2011-2012 General, Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 648.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39112-050911.The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) 576 YMCA-GREENW A YS-BUDGET: The City Manager submitted a written I communication recommending appropriation of FY2011-2012 funds for the YMCA Aquatic Center and greenway projects. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following budget ordinance: (#39113-050911) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the YMCA Aquatic Center and Comprehensive Greenway Trail projects, 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. 74, page 650.) Council Member Price moved the adoption of Ordinance No. 39113-050911. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Ferris, and Mayor Bowers-5. NAYS: None-O. I (Inasmuch as Council Member Bestpitch's wife is employed with the YMCA, he abstained from voting.) (Council Member Rosen was absent.) ENTERPRISE ZONE-BUDGET: The City Manager submitted a written communication recommending appropriation of FY2012 funds for Enterprise Zone. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following budget ordinance: (#39114-050911) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Enterprise Zone FaCfade 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. 74, page 650.) I I I I 577 Council Member Lea moved the adoption of Ordinance No. 39114-050911.The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members, Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) HOUSING: The City Manager submitted a written communication recommending approval of the 2010-2015 HUD Consolidate Plan. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39115-050911) A RESOLUTION approving the 2011-2012 Annual Update ("Annual Update") to the 2010-2015 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update to the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. (For full text of resolution, see Resolution Book No. 74, page 651.) Council Member Ferris moved the adoption of Resolution No. 39115-050911. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Lea, Price, Trinkle, Bestpitch, Ferris, and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) 578 There being no further business, the Mayor declared the continuation of I recessed meeting adjourned at 2:34 p.m. APPROVED ATTEST: ~~M~ City Clerk ~~ David A. Bowers Mayor I I I I I 579 ROANOKE CITY COUNCIL-REGULAR SESSION May 16, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, May 16, 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. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle, Raphael E. Ferris, Sherman P. Lea and Mayor David A. Bowers-6. ABSENT: Council Member William D. Bestpitch-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy Spencer, Assistant City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Thomas A. Dill, Pastor, Grandview Heights Church of the Nazarene. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. ANNOUNCEMENTS: The City Manager introduced Toi Wilson, a Virginia Tech intern, who will be working in the City Manager's Office during the summer months. PRESENTATIONS AND ACKNOWLEDGMENTS: DECEASED PERSONS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Trinkle offered the following resolution memorializing the late Robert W. Woody, a former Mayor of the City of Roanoke: 580 (#39116-051611) A RESOLUTION memorializing the late Robert Wells Woody, I former Mayor of Roanoke, the City's first Citizen of the Year, and distinguished longtime resident of the City. (For full text of resolution, see Resolution Book No. 74, page 653.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39116-051611. The motion was seconded by Council Members Lea and Ferris and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) PROCLAMATIONS-DRUGS-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a Proclamation declaring the week of May 16 - 20, 2011 as National Drug Court Week. The proclamation was presented to Mike Fosbre, Senior Probation and Parole Officer and Coordinator, 23rd Judicial Circuit Drug Court Program. (See ceremonial copy of proclamation on file in the City Clerk's Office.) I HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and all matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft appeared before the Council and addressed the signage along Tinker Creek; his applications for appointment to Council-Appointed Bodies; and funding of the after prom parties for the City's two high schools. He asked the Council to reinstate the funding for the after prom parties that was previously removed from the budget. Tamea Woodward appeared the Council and expressed concern with regard to the difficulty in opening a business in the City. She stated that the City has a bad reputation in helping business owners get established and there should be a clear path between the Department of Economic Development, Western Virginia Water Authority, etc., adding that she would be pleased to be the ambassador to head a movement to help the City develop a clear path for future business owners. Council Member Price inquired as to the nature of Ms. Woodward's business; whereupon, she advised that she provided metal finishing. In order to reach a amicable solution regarding her complaint, Council Member Price suggested that specifics be I provided to City staff. 581 I Mayor Bowers requested that the City Manager draft a report on the status of small businesses in Roanoke and present it to Council at a later date. Mayor Bowers thanked Ms. Woodward for her constructive criticism and encouraged all citizens to continue to speak before the Council with regard to their concerns. Evelyn Bethel appeared before the Council and expressed concern with regard to Chris Craft's multiple applications to Council-Appointed Bodies and the lack of response; improving the City's procedure to help small businesses set-up in the City; and removal of signage for bus stops placed on telephone poles. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. Mayor Bowers requested that Item C-1, be amended to include a communication from the City Clerk recommending the concurrence of the Council a selection process to fill the upcoming vacancy on the Roanoke City School Board created by the resignation of Jason E. Bingham, effective June 30, 2011. I SCHOOLS: A communication from the City Clerk advising of the resignation of Jason E. Bingham as a School Board Trustee, effective June 30, 2011, was before the Council. (See communication on file in the City Clerk's Office.) A communication from the City Clerk recommending certain actions be taken by the Council in order to fill the abovementioned vacancy on the Roanoke City School Board. (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; and concur in the recommendation of the City Clerk. The motion was seconded by Council Members Price and Ferris and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. I (Council Member Bestpitch was absent.) 582 OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE BOARD- I TOWING ADVISORY BOARD: Reports of qualification of William M. Hackworth as a City representative of the Virginia Western Community College Board for a four-year term of office ending June 30, 2015; and Timothy Meadows as a member of the Towing Advisory Board for a term of office ending October 31,2013, were before the Council. (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 Members Price and Ferris and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. I PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: YOUTH-DETENTION CENTERS: The City Manager submitted a written communication recommending authorization to enter into a Memorandum of Understanding with the City of Lynchburg to provide shelter care bed space to eligible juveniles, for an additional one year term commencing July 1, 2011. (For full text, see communication on file in the City Clerk's Office.) I I I I 583 Council Member Ferris offered the following ordinance: (#39117-051611) AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke in residential group homes owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 655.) Council Member Ferris moved the adoption of Ordinance No. 39117-051611. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) TOURISM: The City Manager submitted a written communication recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a regional destination for convention and tourism. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39118-051611) A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. (For full text of resolution, see Resolution Book No. 74, page 656.) 584 Council Member Price moved the adoption of Resolution No. 39118-051611. The motion was seconded by Council Member Rosen and adopted by the following I vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) COMMENTS BY CITY MANAGER: The City Manager announced that the Artistic Bike Rack Dedication on Saturday, May 21 in Grandin Village and the Art By Bike Tour, which will lead cyclists on a ride with stops at a number of works in the City's public art collection. He also mentioned that the Eat for Education Campaign was being noted as an enormous success. REPORTS OF COMMITTEES: SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for a Virginia Incentive Program for Speech- Language Pathologists; and a report of the Director of Finance recommending that I 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: (#39119-051611) AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 657.) Council Member Rosen moved the adoption of Budget Ordinance No. 39119- 051611. The motion was seconded by Vice-Mayor Trinkle and Council Member Price and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) I I I I 585 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: Vice-Mayor Trinkle referred to a letter from the Roanoke Valley Alleghany Regional Commission dated May 6, 2011 regarding an upcoming Regional Stormwater Management meeting scheduled to be held on June 9 from 8:00 a.m. - 10:00 a.m., at the Green Ridge Recreation Center. He encouraged Members of Council and City officials to attend the meeting. (See copy of communication on file in the City Clerk's Office.) Council Member Ferris encouraged support of the Lebanese Festival scheduled to be held June 3 - 5 at the St. Elias Church on Cove Road. Mayor Bowers announced that the Local Colors Festival will be held on Saturday, May 21 at 11 :00 a.m., in Elmwood Park. He also asked that the City Clerk and City Manager provide the Council with information regarding diversity in employment and volunteers serving on the Council-appointed authorities, boards, commissions and committees, as well as ADA compliance in public buildings. At 2:51 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, with Mayor David A. Bowers presiding. PRESENT: Council Members Anita J. Price, Court G. Rosen, David B. Trinkle (arrived late), Raphael E. Ferris, Sherman P. Lea and Mayor David A. Bowers-6. ABSENT: Council Member William D. Bestpitch-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Timothy Spencer, Assistant City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. 586 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. At this point, Vice-Mayor Trinkle entered the meeting (7:02 p.m.) PRESENTATIONS AND ACKNOWLEDGMENTS: SCHOOLS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Trinkle offered the following resolution paying tribute to Troy Daniels and the Virginia Commonwealth University Rams Men's Basketball Team: (#39120-051611) A RESOLUTION paying tribute to William Fleming High School graduate Troy Daniels and the Virginia Commonwealth University Rams men's basketball team on the occasion of reaching the Final Four in the 2011 NCAA championships. (For full text of resolution, see Resolution Book No. 74, page 658.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39120-051611. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) The Mayor presented a ceremonial copy of Resolution No. 39120-051611 to Troy Daniels. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 16, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Marian M. Shockley Ali, that property located at 431 Elm Avenue, S. W., bearing Official Tax No. 1020115, be rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, for such residential, office, service, institutional, and community uses as are permitted in the MX, Mixed Use District, the matter was before the body. I I I I I I 587 Legal advertisement of the public hearing was published in'The Roanoke Times on Friday, May 6 and Friday, May 13, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the rezoning request, finding that the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Old Southwest Neighborhood Plan. It was further reported that rezoning the subject property would allow an established business to continue and allow additional office space with minimal impact on the surrounding neighborhood. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39121-051611) 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, and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 74, page 659.) Council Member Rosen moved the adoption of Ordinance No. 39121-051611. The motion was seconded by Council Member Ferris. The Mayor inquired if there were persons present wishing to speak on the matter; there being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 39121-051611 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) 588 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, May 16, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request from the City of Roanoke Planning Commission to amend Chapter 36.2, Zoninq, Code of the City of Roanoke, (1979), as amended, to combine and renumber, or add certain code sections to update, clarify and to make the City's Zoning Ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or change of any densities, unless otherwise noted, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 6 and Friday, May 13, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the proposed amendments to the Zoning Ordinance. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39122-051611) AN ORDINANCE amending and reordaining various sections and Appendix A, Definitions, of Chapter 36.2, Zoninq, of the Code of the City of I Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance and making certain amendments thereto; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 74, page 661.) Council Member Rosen moved the adoption of Ordinance No. 39122-051611. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present wishing to speak on the matter; there being none, he declared the public hearing closed. Council Member Price raised a question as to how the revised ordinance would affect the time limit and location to park a RV; whereupon, Christopher Chittum, Agent, City Planning Commission, advised that the time limit for parking RV's on the street would be approximately ten days within a three-month period, adding that the modification was made to the Code in order to restrict habitual hoarders of trailers and RV's from parking on public streets long term; and noted that an owner of a RV can permanently store it in the side or rear yard of the home. I I I I 589 Council Member Rosen asked if the revised ordinance would allow an accessory structure, such as a garage to be grandfathered such that the foundation could be removed and replaced; whereupon, Mr. Chittum confirmed that the revised ordinance will allow for removal and replacement of an accessory structure, including the foundation in the same place where it previously existed. He pointed out that the current Zoning Ordinance states that a new structure must be built five feet or more from the home. Vice-Mayor Trinkle requested clarification with regard to RV parking; whereupon, Mr. Chittum reiterated that a RV could be stored on the owner's property either in the driveway or indefinitely only if it is parked in a side or rear yard of the home, adding that the parking of a RV on the street will be allowed for ten days within a three-month period. Mayor Bowers inquired if there was a setback line requirement for the parking of a RV on a corner lot; whereupon, Mr. Chittum replied that since a corner lot has two front yards according to the Zoning ordinance, a RV may be parked either on the side or in the back of the yard, as long as it is behind the line of the home. Mayor Bowers suggested that the Council be provided with an updated status in approximately ninety days in order to share any citizen complaints; whereupon, Mr. Chittum stated that the Planning Department staff encourages the public to share its concerns which usually generate amendments to the Zoning ordinance. There being no additional questions and/or comments by the Council Members, Ordinance No. 39122-051611 was adopted by the following vote: AYES: Council Members Price, Rosen, Trinkle, Ferris, Lea, and Mayor Bowers-6. NAYS: None-O. (Council Member Bestpitch was absent.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City 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 received by the City in connection with his dismissal from the City's employment. 590 There being no further business to come before the Council, the Mayor declared I the meeting adjourned at 7:37 p.m. APPROVED ATTEST: · m.~~ Stephanie M. Moon, MMC City Clerk ~~ David A. Bowers Mayor I I I I I 591 ROANOKE CITY COUNCIL-REGULAR SESSION June 6, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Monday, June 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 Meetinos, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6,2010. PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, (arrived late) 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. The Mayor announced that the Council would be conducting a public hearing on Monday, June 20, 2011, in order to receive citizen comments in support of candidates who have expressed an interest in filling the unexpired term of Jason Bingham as a School Board Trustee ending June 30, 2012. 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 above described. The motion was seconded by Vice- Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Lea, Price and Mayor Bowers-6. NAYS: None-O. 592 At this point, Council Member Ferris entered the meeting. (9:07 a.m.) I COUNCIL: A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss annual performance evaluations of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Price moved that Council concur to convene in Closed Meeting as above described. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Member~ Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 425 Church Avenue, S. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, I 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 from 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, Lea, Price 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. I I I I 593 TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: 2011 Virginia Municipal League Conference in Henrico County from October 2 - 4, 2011. The Mayor stressed the importance of attendance at the VML Conference. The matter was deferred until the June 20 Council meeting for further discussion and possible action by the Council. BRIEFINGS: Solid Waste Manaaement Trash Containers (Bia Blues) Placement and Storaae: Sherman M. Stovall, Assistant City Manager for Operations, advised that the City had received complaints from neighborhood leaders concerning the "Big Blues" trash containers being placed on front porches instead of behind the residence; and in order to address the issue, City staff is seeking to revise the City Code to clarify that the "principal building" means the front porch of a residence. Skip Decker, Solid Waste Management Manager, stated that the purpose of the presentation was to clarify the placement of Waste Containers (Big Blues) for storage. He pointed out that the City Code allows residents to place their containers on the street after 7:00 p.m., the day before collection or no later than 7:00 a.m., the day of collection. He continued that the containers should be removed from the street by 7:00 a.m., the day after collection, and the containers should be stored no closer to the street than the principle building. He indicated that there was a Council Report on the 2:00 p.m. agenda for action by the Council that identifies the appropriate location of the principle building. He showed slides that depicted improper locations and then the proper locations for trash container storage. 594 1tP.. ~~ ROANOKE I On the porch is not compliant ~~ ROANOKE I Front yard is not compliant ir-....- ~ ----_..........-4 ~_~ I I ~-- -'>~. ROANOKE Beside porch; in front of principal building - not compliant \ I ~~ ROANOKE Behind principal structure - compliant I 595 596 ~-- ~t.\1 ROANOKE I Ideal - behind house (For full text, see copy of presentation on file in the City Clerk's Office.) I Vice-Mayor Trinkle asked about exceptions based upon topography issues; whereupon, Mr. Decker advised that there are certain properties located in the City that have topography issues and do not have an alley abutting the property, but the City is willing to make exceptions on an individual basis. In addition, Mr. Decker pointed out that some citizens may not be aware of the Physically Challenged Program and therefore, Solid Waste Management is willing to offer assistance in order to bring them into compliance. Vice-Mayor Trinkle questioned if there were exceptions; whereupon, Mr. Decker answered in the affirmative. Mayor Bowers inquired about side streets and Mr. Decker informed that decisions were based on the street address of the residence. Mayor Bowers restated that the can had to be behind the principle residence and Mr. Decker affirmed. Mayor Bowers further inquired if liberal decisions were made when assessing situations of topography and physical disabilities. Mr. Decker confirmed that each situation was considered on an individual basis. The City Manager thanked the Roanoke Neighborhood Advocates who had played a big role in providing feedback and helping devise a solution. Council Member Price questioned how the information would be disseminated regarding proper storage of trash containers; whereupon, Mr. Decker commented that I Solid Waste Management hopes to utilize the Office of Communications, MyRoanoke, a segment on RVTV Channel 3, Facebook, Twitter, and the City billboard. I I I 597 Following additional dialogue, the presentation was received and filed. Public Library E-Book Rollout: R. Brian Townsend, Assistant City Manager for Community Development, introduced a major milestone in the public library system -- the availability of electronic books for public use, adding that staff was not anticipating not having stacks of books in the libraries over the next several years, but there is an emerging technology that allows patrons to check out books electronically. Sheila Umberger, Director, and Amber Yopp, Children's Coordinator, Roanoke Libraries, briefed the Council on the public libraries e-book rollout. How it all beaan . 2008-2009 o Review of eBooks services-cost prohibitive, technology undeveloped. . 2010 o Library planning team to learn technology, explore options and best practices. . December 2010 o Able to reduce cost by 75% by working with Salem, Roanoke County and Botetourt County libraries . February 2011 to Present o Implementation began - eBooks opening day collection developed, website design, joint policies, shared eBook purchases, training, technology and publicity . June 6, 2011 o Ebooks at the Library go "live" to the public at 10:00 a.m. . June 9, 2011 o Ebook Expo event at the Main Library 6:00 p.m. - 8:00 p.m. 598 eReading Basics tIll 1111 II ~ ~. .- ~. c4~. ~.-., ~----;" \":"""d II II .'-- ~.:..#. - L~, ~'~ I Many devices are a~le.to read or play thei..ibrary's9!.title~. Here is; a list' of the most popular devices: ~eYice . RiiailElil!ok~i lIisten ~o,Au~jii~oo~~?; ~ci~ioal oomputen' Yes Yes: ~!t't~~"~~~ Ye. ~~' PhonQ/lPaclfNew lPod,Touches Yes: Ye. ~~r~Idf~~,~'t~bf~s Y.es Ye. BI3te,~~j-y,Pb.~~~ Yes 'Ye! 10M ndows Mobi~ Phones Yes Yes Kfri~~; By End.ofYear ,No" ~ooli/Hook Color: Yes No ~OnY:EReader . Ye. N" A more complete list of devices is at www.overdrive.com/resources/drc Getting Started with eReading ~~II 1111 II ~ ~..,. t,.,. .c..., f':"N II II ~;:..:.; ~ " ~,~ I Make sure you have a Library card! YOl.! wil! need it t~ check ol,lt ebooks Yo.u can.search for ebooks two'ways : 1) Go to www.rvl.info and select "search ol'1ly for el~c~ronlc b ~oks" .!nthe search' _ box on the main screen. You will seethe ebookS along with books in traditional, format by the sam~; author ", '~'..U-.L&.;.I ouno e D ay rar It ---.--.- Cltle. of AODftoko . Salem. Countle. of Botetourt" Roanoko. Vlrgl r~?~~- Library _ ...-of. J c........,........ ..,.,.~ .. 00 ....:;.k H.'p Hew Soon:" ,.... Chong. DbpIG, ID'lJOvt 1,h.....tooo~.o.t~I~~~ II. ~> ~'. . ,- .......... __ I..... C...........w.)) ~.S!~It1.)o [=..:;:'--'....___~ ......""......__. _<_\:1..--.......___'0">1._ _l.lIn.._. ......_,lQ;III ~_I'WIt.. 1_'.'-':'II4J:'>>OO t_..... ~_,.......,.....\o.._ ..-......{;;;!siiTllei ''''-'_......l........._ '...._....~,.... "'.."......_- TO.. ,....... Ti.... In ~.I...rl... ..........o:..U.._ _"'llP~. '"""'~ t><Oo,]'.....t............ (~_..';.j.......... (1Itt>UI~._~ t;~..I._...... Kaldln". (~HQII;,"",IOIl;'llw .""_ c_"_--=-- o.-c~...., I..... e-_......_~o<_ I 599 I Getting Started with eReading !~II ~ II- II ~ ~o\>..'" ~: <, E,~ II II ..---.' ~:'?' ~ . ~ ~:: Or 2) Go to the Library's new eBook w(i:bsite www.elib.ryl.info ~ri~o....o~,j~'..'Q QA.a e_. OAUl.llObno*-' r!1Oa1l.A~CGOM1l Search Results $t,llCf1~I~NJ:l; Ej{Wu/tMo.lo~.5 """~Ilh.'au:t.. . !......., Getting Slarted (.lwIltJt"n*....,..Cl-.~ kar~rnIIlb:~t-)ctl -4"__1'_' ~lliOA"[dll.ln ~.aC1l<1!4.l<<tI filial I ':"ukIf lUenoQaa I UotIJlos'MW JOde"llc\Od'ClStD Broww. CoIloclIons a......"","", . u., T_>" $to;l..llH'" ........--- - ......-...... -J',.r",;(j.l.... r.,..._...._ -""'<.P',::>_'" _ -,.......;- _..tI..~, ......,,..._ _"""" I> ~~J~ r> ~ I> ~-L~ l'> ~~tl'b:im E> :">sWl.J:~ I> ~~~- Ra-nOD~~CC:'.n(I3WIlI~n,~~u ""~10.,..,.tlIfl;Q'JJt 44'~WlltIU~ ""'",.,.~ . _.....~. ."'.........1_.01. I Special eBook Features . Choose your own lending time -7 or 14 days . Three eBooks/audio books at a time . Return them early . Renew them if available . Create a wish list . Put holds on books and receive an email when they are available . Never overdue - they disappear off your device . You can burn WMA audio format s to disc . WMA audio books are always available to you · Unlimited access to 33,000 out of copyright digitized ebooks (Project Gutenburg) directly off the library's ebook website . The Library will begin classes for citizens starting on June 9 . Classes will be taught at all library locations starting in mid-June I 600 I (See presentation on file in the City Clerk's Office.) I Vice-Mayor Trinkle asked if library cards were available over the Internet, Ms. Umberger advised that library cards must be obtained at the Main library or one of the branches, and hopes to have the cards available on-line in the near future. Council Member Ferris asked about the cost of an ebook versus hardcopy. Ms. Umberger advised that the library is accustomed to buying books at a 50 percent discount and ebooks are a little more expensive, adding that as more suppliers come on-line the prices will decrease. Council Member Price commented that there is no substitute for opening a book and being able to turn the pages. Council Member Rosen questioned the need to build a super branch library in eight to ten years. The City Manager pointed out that the question becomes where we add value and libraries are the number one place for job searches. He further pointed out that libraries are important for early childhood education and physical access is very important. Council Member Rosen also inquired if there had been communication with the Roanoke City Public Schools. Ms. Umberger indicated that all of the Roanoke City School summer school students would be enrolled in the summer reading program. I I I I 601 Following a lengthy discussion of the briefing, the presentation was received and filed. At 10:10 a.m., the Mayor declared the meeting in recess. At this point, Elder Lea left the meeting. (10:10 a.m.) At 10:23 a.m., the Council meeting reconvened in the Emergency Operations Conference Room, Room 159, Mayor Bowers presiding and all Members of Council in attendance, with the exception of Elder Lea. Arts Commission Fundina Committee Report: Susan Jennings, Public Art Coordinator, briefed the Council on the process used by the Roanoke Arts Commission to provide funding to non-profit organizations. She presented the following information: · Application reviewed and refined by agency funding advisory committee (AFAC) of Roanoke Arts Commission (RAC) · Application reviewed by the Office of Management and Budget . Mandatory workshop for applicant organizations held in January. This year Amelia Merchant, Director of Management and Budget, presented the City's Budget for Outcomes priorities . Applications due in February . Interviews with applicants held in March . RAC approved AFAC recommendations in April · Organizations sent tentative funding levels in May along with panel comments about their application Application Contact . Administrative information · Agency budget and financial statements . Program information . Program budget . Program goals and objectives . Economic impact information · Representations and agreement signed by Board President · New applicants must also supply Articles of Incorporation, bylaws and IRS 501 (c)(3) letter 602 Guidelines I . Must be a 501(c)(3) . Must have been in business for three years . Must apply for programmatic funding but can include administrative support up to 20% . May not receive more than 50% of entire agency funding from City of Roanoke Criteria Used to Rank Applicants . Community need . Management of the organization . Compliance with Council's 2005 guidelines if applying for over $25,000.00 o Has a business plan o Board attendance is at least 75% o Board financial commitment is 100% . Goals of the program further one or more of the City's BFO priorities, such as: o Educational value o Economic value o livability Committee also considered the followina factors I . additional revenue sources, if applicable, the AFAC will consider the organization's efforts to obtain funding from other sources for this project in addition to City of Roanoke funds . Financial need of the applicant for the requested grant(no points to be awarded but this should be considered when discussing amount of award) . Collaborative efforts FY2012 Allocation Recommendations . Total Requests - $468,550.00 . Total Recommendation Requests - $280,437.00 Monitorina Process . Quarterly reports gathered matching program goals to outcomes . Annual site visits conducted . When possible Arts and Culture Coordinator attends the actual program or event (See copy of presentation on file in the Clerk's Office.) I I I I 603 Council Member Bestpitch asked about the criteria for compliance of the 2005 guidelines for requests greater than $25,000.00 and whether or not the agency was required to meet the guidelines if it was receiving $25,000.00 or more; whereupon, Ms. Jennings responded that it does not. Council Member Bestpitch expressed a concern with restricting or limiting an organization's ability to use some of the money if funds could be used to offset programs; and he indicated that there should be a way to purchase services more broadly so that organizations could leverage money to obtain grants. Vice-Mayor Trinkle said that the guidelines are good guidelines and he questioned why they did not apply to everyone. Ms. Jennings indicated that the $25,000.00 guideline was an ordinance from City Council and the information is requested from every organization. She further indicated that if the Council wished to amend the ordinance, they could make it a requirement for everyone. Mr. Stovall explained that at the time the requirement was put in place, there were several small organizations requesting funding and it was felt that the guidelines would be somewhat onerous; and therefore, based on feedback from the Council, the $25,000.00 threshold was established. He added that the guidelines were adopted during a period when several organizations were having financial problems; they had no business plans and the boards of the respective organizations were not engaged. The City Manager interjected that the Council of Community Services had received a federal grant to provide free consulting services to non-profits to develop business plans and there should be some consideration towards lowering the threshold to $10,000.00. Vice-Mayor Trinkle said that if the City is going to be contributing funds, there should be some sustainability in the organization. Ms. Jennings stated that the Arts Funding Committee looks strongly at the requirements and organizations were grateful for the requirements because it helped them with attendance. The City Manager suggested getting feedback from the organizations to assess the impact of lowering the threshold. Vice-Mayor Trinkle asked why certain organizations had requested funding and had not received it. Ms. Jennings explained that the requests that were not funded did not fit the criteria and their scores were too low. The Vice-Mayor questioned if funding could be used for capital projects; whereupon, Ms. Jennings responded that funds were not intended for capital projects. Council Member Rosen asked if an organization could apply for funds for the purpose of receiving matching funds, if not, it should be considered so that organizations could leverage funding. 604 Council Member Bestpitch inquired if it would be possible for an organization to I modify their application during the year to include a different program. Ms. Jennings replied that the application could be modified with the understanding that there would be no additional funding. Mayor Bowers asked what happens if an organization is not funded; whereupon, Ms. Jennings explained that since there is no appeal process, any appeal would go directly to the Council. Following lengthy dialogue between the Council and the Public Art Coordinator, the presentation was received and filed. Human Services Committee Report: Jane Conlin, Director of Human Services and Social Services, briefed the Council on the Human Services Committee's process for determining funding to organizations: Application Process . The Board met on numerous occasions to develop a new application that better aligned with Budgeting for Outcomes . Applications were distributed to agencies on December 30,2011 I . A pre-proposal conference was held on January 14,2011 to review the application and to answer questions . Applications were due by February 18, 2011. No applications were submitted late . 48 applications totaling $713,144.00 were received from 35 organizations. One organization subsequently withdrew its application (YWCA) Application Review Process . Applications were distributed to Board members for individual review and scoring . Meetings were held on March 23, 25, and April 21, 2011 to discuss applications . Final scoring was submitted and average scores were calculated . The Board met on April 21 to finalize recommendations for funding Considerations in Scorina . Alignment between application and priorities set by the Human Services BFO team . A fully completed application . Clarity and internal consistency of application . Clarity and reasonableness of budget I . Demonstration of need . Number of City of Roanoke residents served 605 I Notification and Appeal Process . Agencies were notified in writing as to their recommended funding level. They were also notified of their right to appeal . Appeals were held on May 9,2011 and eight agencies appealed . Some amendments to funding recommendations were made. The final recommendations appear on the chart attached . Organizations were notified of the results of their appeal by mail Aaencies that Appealed . Adult Care Center . Boys and Girls Club . Brain Injury Services of Southwest Virginia . Carilion Clinic Adolescent Health Centers . CHIP Mental Health Services . Feeding America . Northwest Child Development . Roanoke Valley Speech and Hearing Center I I ~e~~e!'~a . t~e~y~~iiig> ~6~f , 2010:'11 'i~,~1J~t2.' ~ti;f!:fft ;.>~ .. .~'.: ...,".~ Family Servioe of Roa'noke Valley .A~TION Program 24,587 25.00:)' 25.000 LOA - Meals 0 n Whe els 29,505 30.000 30.000 G re e nval e Soho 01 16,719 18.000 i i.ooo P la nn ed Pare ntho od H ea ~hSysle ms 7,838 12.000 8,000. Blue Ri~ge Independe'nt U'!ing.Center .9,520 17,500 '10.000 RoanokeNalley Interfaith Hospitaliti,tNe1lllJork 5,000 5,&10 5,&10 Presbyterian Community Center. Pathfinders 5,000 5,000 5,000 Salvation Army - Tuming Point 16,227 16',500.' ,16,500 United Way. 01 Roanoke Valley - Smart Beginnings. Star Quality Inih1i..-e 5,000 24.000 ' '10.000' Mental Health Amerioa 5,010 5,000 5,000 Children's Trust- Childrerls Advocacy Center 5,000 5,000 5,000 No.rthwest l;hild Development Center 12,822 24.9&1 13.000 PresbYte rian Co mm unity' Center .p athways 10 r Yo ulh 8,851 10.000 10.000 Bradley Free Clinio - Dental Program 5,000 15.000 9,000 Family Servioe of RoanokeValley. Homeoar. 15,oq] 15,500 15,100 Children's Trust- Children First Parent Education 8,001 9,000 8,850 I 606 Goodllllilillldustries 011he \ialleys 9;000 10 .000 9.000 Family Service 01 Roanoke Valley. Indillidual/FamilylMarriage Counseling 17.703 18.900 17.700 West End Cen1l!r A1tei Sdlool Program 19.670 30.000 19.600 Family Service 01 Roanoke Valley: Adults Plus 14.75,2 15.000 14.700 Conllict Resolution Cenler. Court Connecfl!d Mediation 5.000 13,681 5.000 ,Conllict Resolution Cenler- Family Partnership Mee~ng Facilita~on 0 ! 2.000 5.000 APple Ridge Farm 13.7fg 40..000 13,800 . Bradley Fiee Clini9' Medical and Pharmacy Program 5.000 15.000 6.000 Blue Ridge Legal Services 11 ,802 14.793 11 ,800 Children's Trust. CASA Program 5.000 5.000 5,000 TRUST - Emergency and TranSitional Housing 0 10 .000 5.000 AdultCare Cenler 01 Roanoke Valley 5,OOT 8,000 5.000 CHIP.M,RoanoKe Valley' Care Coordina~onSe'rvices 21.243 30.000 20:100 CHIP' 01 Roanok.e Valley - Family Strengthening 23.604 30.000 22.400 . Council of Community Servi~es. Non.Prof~ R.eso'urce Cenler 5,638 9,000 5.000 Bjg BrotherslBig Sisters 01 SIJ\NA 0 20.000 5.toO Girl Scouts 01\fJrginia Skyline Council 0 7,000 5.000 I I I I I I 607 Ccimmunit{Yo,ulh Program at 51. John.~s 11 .80:2 . 15.0(0 10.000 Belhany Hall.- Subrtanoo Abuse Trea1rnent Program 5,000 15.000 5,000 Co~uJl-di,ofC ommuni!ySe!vioes -211virginia 0 12.000 0 RoanokeValley Speech and Hearing 0- 5',000 0 SaivationArmy - Red Snield Lodge: 5,000 6,000 .5,000 CHip o1Roanok.e Va'IIe'{- Mertlal H.e~lth Services 17.88:5 ,30.000 171500 Carilion Clinic Children's Hospital- Adolescent Medidne Program 5,000 .241500 11 ,832 Brain Injury Servioos 0 18,400 O' YWCA' Focus~orWard 5,000 7,9J0 0 Belhany, Hall - Aftercare Program 0 6,000 0 FeedingAme~ica SW VA 5,000. 15.000 .0 Ccmnionw€iallh Calholic Char~ies 5,000' 7,000 0 YMCA of Roanoke Valley - Magio Plaoo 5.000 10.000 b Unified!:lum'ln' Se'i:u;cesTransportationSyslems RADAR 10.000 12.000 0 Bo\lS and Girls Club 0 15,120 0 YM ~A- Y-Achi eve rs 5,000 NfA NfA Monitoring ServicES Provided by Council oi Community Services 12pOO 12pOO 12Poo TOTAL 430,582 7.13,144 430,582 Although she had heard from several agencies, Council Member Price was particularly interested in knowing why Feeding America had not been funded even after having gone through the appeal process. Ms. Conlin advised that Feeding America's application had lacked internal clarity and consistency as well as having budgetary issues; and having gone through the appeal process, Feeding America indicated that the lack of funds would not have an impact on its services. Council Member Price inquired about the lack of funding for the Brain Injury Services; whereupon, Ms. Conlin stated that Brain Injury Services' application indicated that they could balance their budget without any money from the City; and therefore, the committee felt that it would be inappropriate to give money to an agency that could provide the same services without additional funding. 608 Council Member Rosen asked if one of the issues with Food Services America I was that they use money for administrative costs and provide food to other agencies. The City Manager pointed out that the City tries to purchase direct services and Food Services are not a direct service provider. Ms. Conlin indicated that typically food banks get food at a reduced cost or for free and then they in turn provide food to other agencies at a fee, adding that they are an extremely important agency, the community is very supportive of them, but they are not a direct service. Vice-Mayor Trinkle questioned if feedback from the appeal process was well received. Ms. Conlin reported that some of the organizations appealed just to get more information and put their bid in for the following year. She further reported that the committee would do an in person interview and debriefing after the process is over with any organization that requests it whether they have appealed or not. She continued that most organizations take it as good feedback. Vice-Mayor Trinkle inquired as to why Adult Day Care had filed an appeal even though they received funding; whereupon, Ms. Conlin reported that the Center initially had not received funding, but did receive it after the appeal. In response to question from the City Manager as to who had received funding following an appeal, Ms. Conlin remarked that the Adult Day Care, Carilion Adolescent Health Center and Chip Mental Health, all were to receive funding after going through the appeal process. Following up on Ms. Conlin's comments about the many worth organizations and I programs meeting the needs of the community, Council Member Bestpitch added that there should be a better method of publicizing and emphasizing the ways the City supports organizations. He continued that he was surprised to see that funding for RADAR had been decreased to zero; whereupon, Ms. Conlin reported that RADAR's application did not score very high. Council Member Bestpitch further commented that they do the same thing year after year and it would seem that they could put together a decent application for another year of funding. Ms. Conlin said that the application was different this year and applicants had been asked to directly tie what they do to the outcomes. She also said that the committee had found RADAR's costs to be quite high, adding that even though they would not receive funding from the Human Services Advisory Board, does not mean they were going out of business. She mentioned hat the Board would like to see more collaboration with other agencies that provide transportation. Council Member Rosen questioned the monitoring of the programs and board attendance. Ms. Conlin explained that the Board provides quarterly reports and contracts with the Council of Community Service for an on-site review annually with every organization. I 609 I Mayor Bowers questioned whether there was duplication in services or incentives for collaboration. The City Manager reported that the Council of Community Services was taking the lead on looking into coordinating efforts and trying to identify duplicates. Ms. Conlin added that several agencies had contacted her to find out if there were opportunities for collaboration and she provided them with some references. Mayor Bowers also inquired as to how Council would know if Roanoke citizens were benefiting from the services being provided; whereupon, Ms. Conlin said that there were breakdowns as to the number of people being served from the City or elsewhere, along with demographics on them. At this point, Vice-Mayor Trinkle left the meeting. (11 :17 a.m.) At 11 :17 a.m., the Mayor declared the meeting in recess until 2:00 p.m., for a Closed Meeting; and thereafter, to be reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. I PRESENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen, David B. Trinkle and Mayor David A. Bowers-7. ABSENT: NONE-O. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Reverend Christopher Yopp, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor declared the week of June 12 - 18, 2011 as Roanoke Navy Week. I (See copy of proclamation on file in the City Clerk's Office.) 610 Mayor Bowers presented an official copy of the proclamation to Diana Alloway, I Lieutenant Commander, Commanding Officer, Navy Operational Support Center. 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. Lloyd Long, 3507 Laurel Ridge Road, N. W., appeared before Council and presented approximately 11 pictures in reference to a drainage issue on his property, which has been in existence since 2005. He solicited assistance from City Council to help resolve the issue with flooding on his property, adding that with financial assistance from the City, the water could be diverted. (See pictures and copy of comments on file in the City Clerk's Office.) Council Member Rosen advised that the matter needed to be investigated and hoped that a City solution could be found with the help of the affected property owners. The City Manager indicated that the matter would be discussed with the appropriate property owners and City staff. I Following extensive dialogue, the pictures as submitted by Mr. Long, along with his comments were referred to the City Manager for investigation and report to the Council. (Response from City staff was provided in the City Council's Update on June 22, 2011; and communication from the City Engineer under date of June 24, 2011.) Robert Gravely appeared before the Council and expressed concern regarding the unfair treatment received from the former City Council three years ago that resulted in his dismissal from employment with the City. The Mayor requested that the City Manager, City Attorney and City Clerk meet with Mr. Gravely to discuss his concern in order to bring about some type of understanding to resolve the matter. Chris Craft appeared before the Council and spoke about his volunteerism to the City and reiterated his concern as to not being selected to serve on any authority, board, committee or commission appointed by the Council. At this point, Elder Lea entered the meeting. (2:39 p.m.) I I I I 611 Evelyn Bethel appeared before Council and urged the Council to consider Chris Craft for appointment to an authority, board, committee or commission. Estelle McCadden, President, Melrose-Rugby Neighborhood Organization, appeared before the Council and expressed concern with regard to construction of two modular homes in the Orange Avenue northwest area. (See copy of comments and pictures of the modular homes on file in the City Clerk's Office.) Following lengthy dialogue, the matter was referred to the City Manager for investigation and report back to the Council. (See copy of communication from the City Manager dated June 17, 2011, with regard to construction of commercial building at 2432 Orange Avenue N. W., on file in the City Clerk's Office.) COUNCIL: The Mayor called attention to a request of the City Attorney for the Council to immediately convene in a Closed Meeting for the purpose of consulting 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; whereupon, Council Member Ferris moved that the Council concur in the request of the City Attorney to convene in Closed Meeting to discuss the abovementioned matter. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) At 2:50 p.m., the Mayor declared the meeting in recess. At 3:26 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 Council Member Rosen. 612 CONSENT AGENDA: The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes .of the regular meeting of Council held on Monday, April 4, 2011, and Monday, April 18, 2011 and recessed until Thursday, April 28, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the reading of the minutes be dispensed with and approved as recorded. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) ROANOKE CIVIC CENTER COMMISSION: A communication from the City Clerk advising of the resignation of Laura Rawlings as a member of the Roanoke Civic Center, 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 Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) I I I I I I 613 ROANOKE PUBLIC LIBRARY BOARD: A communication from the City Clerk advising of the resignation of Andrew Williams as a member of the Roanoke Public Library 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 Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) OATHS OF OFFICE-ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION-ROANOKE ARTS COMMISSION- ROANOKE VALLEY GREENWAY COMMISSION- CABLE TELEVISION COMMITTEE- PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION- MILL MOUNTAIN ADVISORY COMMITTEE- ROANOKE PUBLIC LIBRARY BOARD: Reports of qualification of the following individuals were before the Council: David B. Trinkle and M. Rupert Cutler as City representatives of the Roanoke Valley Area Metropolitan Planning Organization for terms of three-years ending June 30,2014; Christopher P. Morrill as a City representative of the Roanoke Valley- Alleghany Regional Comprehensive Economic Development Strategy Committee for a term of three-years ending March 31, 2014; Susan Egbert as a member of the Roanoke Arts Commission for a term of three-years ending June 30, 2014; James B. Lee as a City representative of the Roanoke Valley Greenway Commission for a term of three-years ending June 30,2014; Robert Lewis Leftwich as a City representative of the Roanoke Valley Regional Cable Television Committee for a term of three-years ending June 30, 2014; 614 Meg Munton and Curtis Mills as members of the Personnel and Employment Practices Commission for a term of three-years ending June 30, 2014; Louise Kegley and Richard Clark as members of the Mill Mountain Advisory Committee for terms of three-year ending June 30, 2014; and Susan Koch for a three year term of office ending June 30, 2014, and Marianne Gandee to fill the unexpired term of Lauren D. Saunders ending June 30, 2013, as members of the Roanoke Public Library Board. (See copies of 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 Ferris and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was not present when the vote was recorded.) At this point, Council Member Rosen entered the meeting. (3:30 p.m.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. I I I I I I 615 ITEMS RECOMMENDED FOR ACTION: LANDMARKS/HISTORIC PRESERV A TION-VIRGI NIA TRANSPORTATION MUSEUM-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of funds donated from Virginia Museum of Transportation for research, survey and nomination work associated with the listing of the Museum on the Virginia Landmarks Register and National Register of Historic Places. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39123-060611) A RESOLUTION accepting a donation of funds from the Virginia Museum of Transportation to the City to fund partially a project to research, survey, and nominate the Virginia Museum of Transportation (VMT) building for inclusion on the Virginia Landmarks Register and the National Register of Historic Places; authorizing the City Manager to take any necessary actions pertaining to such donation; and expressing the City's appreciation for such donation. (For full text of resolution, see Resolution Book No. 75, page 1.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39123-060611. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#39124-060611) AN ORDINANCE to appropriate funding from the Virginia Museum of Transportation (VMT), amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 2.) 616 Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39124-060611. I The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. GRANTS-NEIGHBORHOODS-BUDGET: The City Manager submitted a written communication recommending acceptance and appropriation of the Certified Local Government grant funds from the Virginia Department of Historic Resources to undertake a historic survey and inventory for two City neighborhoods. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#39125-060611) A RESOLUTION authorizing the acceptance of two Certified Local Government Grants from the Virginia Department of Historic Resources; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, I and administer such grants. (For full text of resolution, see Resolution Book No. 75, page 2.) Council Member Bestpitch moved the adoption of Resolution No. 39125-060611. The motion was seconded by Council Member Price. The City Manager pointed out that the City of Roanoke's Department of Planning Building and Development applied for grant funds to undertake a historic survey and inventory of the Riverland neighborhood and Rugby section of the Melrose-Rugby neighborhood, which would lead to eventual inclusion in the Virginia Landmarks Register and National Register of Historic Places. For clarification purposes, Mr. Morrill explained that for a neighborhood to be designated on the national registry it must be surveyed and the history or events that took place in the neighborhood(s), must be proven; and if a neighborhood is placed on the national register, there is available assistance with tax credits and revitalization. Mayor Bowers mentioned that the former Mayor, C. Nelson Harris, was conducting research in connection with the Walnut Hill Neighborhooq, which neighborhood is part of the Riverland neighborhood, and asked the City Manager to contact Mayor Harris to see if he would be interested in being a part of the process. I I I I 617 There being no further comments by the Council, Resolution No. 39125-060611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. Council Member Bestpitch offered the following budget ordinance: (#39126-060611) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 3.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 39126- 060611. 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-7. NAYS: None-O. PAY PLAN-FIRE/EMERGENCY MEDICAL SERVICES-BUDGET: The City Manager submitted a written communication recommending approval and appropriation/transfer of funds for a one-time stipend to all full-time and permanent part- time employees to recognize contributions made during this period of economic downturn; and replacement of Fire-EMS apparatus. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39127-060611) A RESOLUTION authorizing and approving a one-time bonus to certain City employees in the amount of $1,000.00 each, and dispensing with the second reading by title of this Ordinance pursuant to the provisions of Section 12 of the City Charter. (For full text of resolution, see Resolution Book No. 75, page 4.) 618 Vice-Mayor Trinkle moved the adoption of Resolution No. 39127-060611. The I motion was seconded by Council Member Rosen. The Director of Finance pointed out that an update for the computation of funding for Roanoke City Schools had be omitted as part of the recommendation to the Council, advising that an additional $1.3 million would be provided to Roanoke City Schools under the funding formula which would bring the operating funding to $69.7 million, adding that the "Eat for Education" program had generated $215,000.00. Council Member Ferris congratulated City staff and pointed out that there were numerous localities in the Commonwealth that raised taxes in order to bring their budgets into balance; and that many cities and counties were raising Real Estate taxes three, four, five and up to six cents per one hundred in addition to fees and other taxes. He stated that the Council, with the help of the City Manager, Director of Finance and City employees have been doing more with less or at least the same. There being no additional comments by the Council, Resolution No. 39127- 060611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. I Vice-Mayor Trinkle offered the following budget ordinance: (#39128-060611) AN ORDINANCE to increase the FY 2010-2011 revenue estimate, appropriate funding to various accounts and transfer funding from Residential Juvenile Detention to Employee Stipend amending and reordaining certain sections of the 2010-2011 General and Fleet Management Funds Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 5.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39128-060611. 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. I I I I 619 CITY CODE-SOLI D WASTE: The City Manager submitted a written communication recommending amendment to the Solid Waste Management Section of the City Code in order to clarify that the front porch is not part of the definition of "principal building"; and authorization to allow a container to be placed in an alternative location, if it is not practical to place behind the "principal building". (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#39129-060611) AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, and Section 14.1-18, Time of placement of automated collection containers and recvclable containers for collection, of Chapter 14.1, Solid Waste Manaoement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 6.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39129-060611.The motion was seconded by Council Member Rosen. Council Member Bestpitch inquired as to the affect of the guidelines as it relates to rental property if the renter did not comply with the guidelines since the City does not maintain a list of renters, and further referencing that the property owners would be cited for any violations that might occur. The City Manager explained that the fine would be $25.00 and would not be assessed until after three or more notices were given; and it is hoped that the landlords, in their due diligence of their properties, would perform random checks of their rental properties. Council Member Bestpitch asked the City Administration to study the matter further; whereupon, the City Manager commented that staff would seek input from landlords regarding the matter. Mr. Morrill pointed out that the City provides model leases for property owners and suggested that a requirement be worked into the lease along with provisions to withdraw fees imposed by the City from the security deposit, if the requirement is not met. Mayor Bowers indicated that he too was reluctant to move forward on the matter, indicating that it was actually neighborhood leaders who had approached City staff and not the City staff proposing the amendment; and therefore, he wondered how it would affect citizens with steep lots. The City Manager assured the Council that City staff would work with those citizens challenged by the topography, adding that since this has been a serious issue, he was recommending a step up in enforcement of solid waste regulations because of neighborhood pride and blight. 620 Council Member Rosen agreed with Mr. Morrill's comments regarding I incorporating requirements into leases, because tenants were not only renting the inside of the building, but also the outside, along with sidewalks and public rights-of-way. He continued that it was incumbent upon landlords to ensure that their tenants were responsible citizens. In response to an inquiry made by Council Member Ferris with regard to penalizing a tenant since it would be almost impossible to collect the fine; whereupon, the City Attorney advised that there are many problems associated with trying to charge a tenant since landlords are not required to register their tenants with the City, adding that it would be impractical to try to maintain a master list of all tenants in the City. Following indepth dialogue regarding the matter, Ordinance No. 39129-060611 was adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. SIDEWALK/CURBS AND GUTTERS-BUDGET: The City Manager submitted a written communication recommending transfer of Virginia Department of Transportation I (VDOT) Revenue Sharing funds for sidewalk maintenance. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39130-060611) AN ORDINANCE to transfer funding from various projects to the Old Mountain Road Bridge Project amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 8.) Council Member Rosen moved the adoption of Budget Ordinance No. 39130- 060611. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. I I I I 621 GRANTS-BUDGET: The City Manager submitted a written communication recommending transfer of funds in connection with recommendations of the Human Services Advisory Board for funding to qualified agencies for Fiscal Year 2011-2012. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39131-060611) A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various qualified agencies to assist such agencies in the performance of their programs for Fiscal Year 2011-2012, and authorizing the City Manager or his designee to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all the programs by such agencies. (For full text of resolution, see Resolution Book No. 75, page 9.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39131-060611. 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. Vice-Mayor Trinkle offered the following budget ordinance: (#39132-060611) AN ORDINANCE to transfer funding to specific Human Services Committee agencies, 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 10.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39132-060611. 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. 622 BUDGET-ROANOKE ARTS COMMISSION: The City Manager submitted a I written communication recommending transfer of funds in connection with recommendations of the Roanoke Arts Commission for funding to specific agencies for Fiscal Year 2011-2012. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39133-060611) A RESOLUTION concurring in and approving the recommendations of the Roanoke Arts Commission's ("Arts Commission") allocation of City funds to various nonprofit agencies for Fiscal Year 2011-2012. (For full text of resolution, see Resolution Book No. 75, page 12.) Council Member Ferris moved the adoption of Resolution No. 39133-060611. The motion was seconded by Council Members Bestpitch and Price and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. I Council Member Ferris offered the following budget ordinance: (#39134-060611) AN ORDINANCE to transfer funding to specific Art Commission agencies, 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 13.) Council Member Ferris moved the adoption of Budget Ordinance No. 39134- 060611. The motion was seconded by Council Members Bestpitch and Price and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. I I I I 623 COMMENTS BY THE CITY MANAGER: The City Manager gave brief remarks regarding the RVTV Award of Distinction in the 17th Annual Communicator Awards for the "Eat For Education" PSA; e-Book Expo celebration of free downloadable e-Books at Roanoke Public Libraries on Thursday, June 9 from 6:00 p.m. - 8:00 p.m., on the Mezzanine, Roanoke Main Library; and Family Fun and Safety Fair to be held on Saturday, June 18 from 10:00 a.m. -2:00 p.m., at the Roanoke Main Library. He called attention to a fire at the Villa Heights Recreation Center which heavily damaged the roof and attic of the home, adding that the fire was being considered as arson, and that the damage would be assessed, with the outcome reported to the Council. CITY ATTORNEY: CITY CODE: The City Attorney submitted a written communication recommending a readoption and reenactment of the Code of the City of Roanoke (1979), as amended. Council Member Ferris offered the following ordinance: (#39135-060611) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 14.) Council Member Ferris moved the adoption of Ordinance No. 39135-060611.The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. NAYS: None-O. DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted the April 2011 Financial Report. (For full text, see Financial Report on file in the City Clerk's Office.) The Director of Finance shared information pertaining to the City's Financial Report. 624 Council Member Bestpitch commented that the report reflects a two percent I decline in revenue for FY 2010 and further indicates that revenues through April had increased 1.9 percent from FY 2010. Ms. Shawver interjected that FY 2010 had been used as a reference point. Council Member Bestpitch questioned if the numbers were an indication that revenues were almost back to where they once were. The Director of Finance responded in the affirmative, adding that revenues still were not back to the peak as in FY 2009. He also questioned the amount of admission taxes as listed in the report as he called attention to a report by the Civic Center that was presented to the Council a few weeks prior; whereupon, Ms. Shawver explained that the Civic Center tax was doing well; however, it accrues to the Civic Center Enterprise Fund, and the admissions tax referenced in the Financial Report accrues to the General Fund, which includes movie theaters and the Art Museum. In response to Council Member Bestpitch's inquiry about the ten percent variance on overtime and part-time wages for Fire-EMS, and whether there were staffing issues that needed to be addressed, the City Manager commended the Fire- EMS Department for being very prudent with the use of overtime and pointed out that there had been a higher than expected turnover rate in the Department that necessitated the use of additional overtime hours until the positions could be filled. He further explained that as the new academy comes on-line positions would be filled, but I in the interim, staffing levels have been adequately maintained through the use of overtime. Following the remarks of Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENT BY THE MAYOR AND MEMBERS OF COUNCIL: The Mayor reminded the Council that the matter regarding the possible rescheduling of the October 3 Council Meeting due to the 2011 VML Conference would be discussed further at the June 20 Council meeting. I I I I 625 Council Member Bestpitch asked that the remarks of Estelle McCadden regarding the erection of modular homes in the Melrose-Rugby neighborhood be investigated by the City Manager. Council Member Bestpitch also commended the City on the landscape improvements around the greenways, especially at Vie Thomas Park; and in terms of capital planning, and requested that the City Manager develop a process for a plan that would emphasize the natural vegetation, filter the drainage and provide habitats for wildlife. VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy created by the resignation of Christina Brannan as a member of the Roanoke Neighborhood Advocates for a term ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Dustin Akers. There being no further nominations, Mr. Akers was appointed as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Christina Brannan ending June 30, 2012, by the following vote: FOR MR. AKERS: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-WESTERN VIRGINIA WATER AUTHORITY: The Mayor called attention to a vacancy created by the resignation of Robert Lawson, Jr., as a member of the Western Virginia Water Authority for a term ending June 30, 2012; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Harvey Brookins. There being no further nominations, Mr. Brookins was appointed as a member of the Western Virginia Water Authority to fill the unexpired term of Robert Lawson, Jr., ending June 30, 2012, by the following vote: FOR MR. BROOKINS: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION: The Mayor called attention to the expiration of the three-year term of office of Letitia Smith as a member of the Personnel and Employment Practices Commission ending June 30, 2011; whereupon, he opened the floor for nominations. 626 Council Member Price placed in nomination the name of Letitia Smith. I There being no further nominations, Ms. Smith was reappointed as a member of the Personnel and Employment Practices Commission for a three-year term of office ending June 30, 2014, by the following vote: FOR MS. SMITH: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-TOWING ADVISORY BOARD: The Mayor called attention to a vacancy created by the resignation of Stan Smith as a member of the Towing Advisory Board for a term ending October 31,2011; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Kenny Garrett. There being no further nominations, Mr. Garrett was appointed as a member of the Towing Advisory Board to fill the unexpired term of Stan Smith ending October 31, 2011, by the following vote: FOR MR. GARRETT: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. I OATHS OF OFFICE-ROANOKE PUBLIC LIBRARY BOARD: The Mayor called attention to an upcoming vacancy on the Roanoke Public Library Board due to the ineligibility of Stanley Breakell for a term of office ending June 30, 2011. Inasmuch as Mr. Breakell has served three consecutive terms of office, he is not eligible for reappointment; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of King Tower. There being no further nominations, Mr. Tower was appointed as a member of the Roanoke Public Library Board for a three-year term of office commencing July 1, 2011 and ending June 30, 2014, by the following vote: FOR MR. KING: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-MILL MOUNTAIN ADVISORY COMMITTEE: The Mayo~ called attention to an upcoming vacancy on the Mill Mountain Advisory Committee created by expiration of the term of office Michael Loveman ending June 30, 2011; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Ahondryea Brooks. I I I I 627 There being no further nominations, Ms. Brooks was appointed as a member of the Mill Mountain Advisory Committee for a three-year term of office commencing July 1, 2011 and ending June 30, 2014, by the following vote: FOR MS. BROOKS: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE VALLEY ALLEGHANY COMMISSION: The Mayor called attention to a vacancy created by the expiration of the term of office of Mayor David A. Bowers as an elected official representative of the Roanok~ Valley- Alleghany Commission ending June 30, 2011; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Mayor David A. Bowers. There being no further nominations, Mayor Bowers was reappointed as an elected official representative of the Roanoke Valley-Alleghany Commission for a three- year term of office ending June 30, 2014, by the following vote: FOR MAYOR BOWERS: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. OATHS OF OFFICE-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU: The Mayor called attention to the expiration of the one-year terms of office of Ssunny Shah and Barton Wilner as City representatives of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, noting that a communication from the City Manager to the Council dated May 20,2011, recommended the appointment of four City representatives to the Board of Directors; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the names of Ssunny Shah, Barton Wilner, Gary Walton and Lee Wilhelm, III. There being no further nominations, Messrs. Shah and Wilner were reappointed and Messrs. Walton and Wilhelm were appointed as City representatives of the Roanoke Valley Convention and Visitors Bureau, Board of Directors for one-year terms of office, each, ending June 30, 2012, by the following vote: FOR MESSRS. SHAH, WILNER, WALTON, AND WILHELM: Council Members Rosen, Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-7. SCHOOLS: The Mayor announced that the Council would conduct public interviews during its June 20 Council meeting at 4:00 p.m., with public comments received from citizens regarding the potential candidates at 7:00 p.m., and appointment of the successful candidate at the July 5 Council meeting. 628 At 4:11 p.m., the Mayor declared the Council meeting in recess for a Closed I Meeting in the Council's Conference Room in order to discuss annual performance evaluations of the Director of Finance and Municipal Auditor. At 5:39 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 Rosen, who left following the Closed Meeting. COUNCIL: With respect to the Closed Meeting just concluded Council Member Ferris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-O. (Council Member Rosen was absent.) There being no further business, the Mayor declared the meeting adjourned at 5:40 p.m. I APPROVED ATTEST: ~hJ,~~ Stephanie M. Moon, MMC City Clerk ~~.._.- avid . Bower;- - Mayor I I I I 629 ROANOKE CITY COUNCIL-REGULAR SESSION June 20, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, June 20, 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, Reoular Meetinos, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Council Members 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 Stephanie M. Moon, City Clerk. The Invocation was delivered by The Reverend Cedric E. Malone, Pastor, Greater Mt. Zion Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT: Vice-Mayor Trinkle presented a ceremonial copy of a proclamation declaring July 28 - 31, 2011 as FloydFest Week to Svetlana Nikic, Vice-President of Communications. (See copy of proclamation on file in the City Clerk's Office.) HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard and all matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. 630 John Keenum appeared before the Council and spoke about street vending. I (See copy of comments on file in the City Clerk's Office.) As a Member of Council and a restaurant owner, Vice-Mayor Trinkle expressed appreciation to Mr. Keenum for his efforts as a street vendor, noting for the record that it is his hope that downtown vending will open up, especially in the City parks and green space once the parks and green space are redone to make them more accessible for daily use, not just seasonal, but throughout the year. He also believes this Council will continue to look at the ordinance again, and will continue to support downtown vending. In closing, he hopes Mr. Keenum will continue his efforts. Without objection by the Council, the City Manager and staff was asked to contact Mr. Keenum to discuss efforts to promote street vending. (Response noted in Council Update dated July 13, 2011, on file in the City Clerk's Office.) Chris Craft appeared before the Council and spoke about the upcoming anti- bullying slogan recognition scheduled for 7:00 p.m., and encouraged the Council to attend First Fridays to promote the businesses in downtown Roanoke. Robert Gravely appeared before the Council and reiterated that his civil rights I had been violated and again complained about having being dismissed from employment with the City. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to one Closed Meeting request from the City Manager. MINUTES: Minutes of the regular meeting of Council held on Monday, May 2, 2011, recessed meeting held on Thursday, May 5, 2011, and continued recessed meeting held on Monday, May 9,2011, were before the body. (See Minutes on file in the City Clerk's Office.) I I I I -631 Council Member Bestpitch moved that Council dispense with the reading of the minutes and approve as recorded. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. PURCHASE/SALE OF PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 425 Church 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.) Council Member Bestpitch 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 Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. OATHS OF OFFICE-ROANOKE ARTS COMMISSION-REGIONAL VIRGINIA ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU-WESTERN VIRGINIA WATER AUTHORITY- TOWING ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: Douglas Jackson as a member of the Roanoke Arts Commission for a three-year term of office ending June 30, 2014; Tim Jones as a City representative of the Regional Virginia Alcohol Safety Action Program Policy Board for a three-year term of office ending June 30, 2014; Gary Walton, Barton Wilner, and Lee Wilhelm, III, as City representatives of the Roanoke Valley Convention and Visitors Bureau, Board of Directors, for terms of office ending June 30, 2012; 632 Marc Fink as a City representative of the Western Virginia Water Authority for a four-year term of office ending June 30, 2015; and Kenny Garrett as a member of the Towing Advisory Board to fill the unexpired term of Stan Smith ending October 31,2011. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: VIRGINIA EMPLOYMENT COMMISSION-TREASURER: The City Treasurer submitted a written communication recommending authorization to execute an agreement with the Virginia Employment Commission (VEC), as well as annual renewals relating to the City's use of the VEC's electronic information system by the City Treasurer's Office; and to waive the City's sovereign immunity in connection therewith; and a communication from the City Manager concurring in the request. (For full text, see communications on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39136-062011) A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Virginia Employment Commission's (VEC) electronic information system by the City Treasurer's Office, and authorizing execution of an agreement with the VEC, as well as annual renewals of such agreement, in connection with such use of its electronic information system. (For full text of resolution, see Resolution Book No. 75, page 16.) I I I I I I 633 Council Member Ferris moved the adoption of Resolution No. 39136-062011. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKFORCE DEVELOPMENT BOARD-HUMAN SERVICES: The City Manager submitted a written communication recommending acceptance of Western Virginia Workforce Development Board Workforce Investment Act (WIA) Rapid Response Funds for Program Year 2010-2011 from the Virginia Community College System. (Full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39137-062011) A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $255,350, 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 16.) Council Member Rosen moved the adoption of Resolution No. 39137-062011. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: 0 AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 634 Council Member Rosen offered the following budget ordinance: I (#39138-062011) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Dislocated Worker Rapid Response Grant #2, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 17.) Council Member Rosen moved the adoption of Budget Ordinance No. 39138- 062011. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. BUDGET-HUMAN SERVICES: The City Manager submitted a written communication recommendation acceptance and appropriation of funds from the Virginia Department of Social Services for the Southwest Virginia Regional Employment I Coalition to assist citizens who are receiving Temporary Assistance to Needy Families (T ANF) benefits to obtain employment or, where appropriate, an alternative disability income. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39139-062011) A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local DSS agencies; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. (For full text of resolution, see Resolution Book No. 75, page 18.) I I I I 635 Council Member Price moved the adoption of Resolution No. 39139-062011. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. Council Member Price offered the following budget ordinance: (#39140-062011) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 19.) Council Member Price moved the adoption of Budget Ordinance No. 39140- 062011. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. GRANTS-BUDGET-HOUSING: The City Manager submitted a written communication recommending acceptance and appropriation of 2011-2012 Community Development and Block Grant (CDBG), HOME Investment Partnerships Program and Emergency Shelter Grant (ESG) Program funds from the U.S. Department of Housing and Urban Development (HUD) to provide for a variety of activities ranging from housing and community development to homelessness prevention and job creation. (For full text, see communication on file in the City Clerk's Office.) 636 Council Member Bestpitch offered the following resolution: (#39141-062011) A RESOLUTION accepting the Fiscal Year 2011-2012 funds for the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Shelter Grant Program; authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development ("HUD"); and authorizing the City Manager to execute such subgrant agreements, amendments, and other documents as may be required. (For full text of resolution, see Resolution Book No. 75, page 20.) Council Member Bestpitch moved the adoption of Resolution No. 39141-062011. The motion was seconded by Council Member Price. Although he was an unpaid member serving on the Rebuilding Together Roanoke Board of Directors, which Board receives CDBG funds from the City and there appears to be no conflict of interest, Mayor Bowers stated that he would abstain from voting on the abovestated matter. There being no discussion of the matter by the Council, Resolution No. 39141- 062011 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, and Rosen-6. NAYS: None-O. (Mayor Bowers abstained from voting.) Council Member Bestpitch offered the following budget ordinance: (#39142-062011) AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program and Emergency Solutions 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 21.) I I I I I I 637 Council Member Bestpitch moved the adoption of Budget Ordinance No. 39142- 062011. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, and Rosen-6. NAYS: None-O. (Mayor Bowers abstained from voting.) JEFFERSON CENTER FOUNDATION-BUDGET: The City Manager submitted a written communication recommending execution of an agreement with the Jefferson Center Foundation to provide $100,000.00 to support its capital campaign (one-time contribution), specifically for roof replacement of the Jefferson Center; and appropriation of funds. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#39143-062011) A RESOLUTION authorizing an agreement with the Jefferson Center Foundation for the purpose of capital improvements, specifically replacement of the roof, at the Jefferson Center. (For full text of resolution, see Resolution Book No. 75, page 26.) Vice-Mayor Trinkle moved the adoption of Resolution No. 39143-062011. The motion was seconded by Council Members Bestpitch and Price. Council Member Bestpitch pointed out that no money would be provided by the City until the Jefferson Center was able to document that they had raised an equivalent amount of money from other sources; and the City would match dollar for dollar up to $100,000.00 for a total of $200,000.00. He explained that even $200,000.00 would not be enough to repair the roof because it was anticipated that the cost would be around $225,000.00, adding that the Jefferson Center Foundation was looking to the community for private donations so that they would qualify for the $100,000.00. He indicated that the Jefferson Center Foundation would be embarking on a campaign from $1.5 million to $2 million over the next several years, and he hoped everyone appreciated all the hard work that had been done to bring so many regional, national and international performers to the City, many of which would never have been to Roanoke without the renovations to the Jefferson Center, specifically the Shaftman Performance Hall. He continued that the Center was a real treasure to the community and encouraged the public to step forward and contribute to the whole project. 638 Council Member Ferris called attention to the terms of the agreement with the I Jefferson Center Foundation, noting that they were supposed to maintain the facility including the roof, but pointed out that the City owns the building and wanted to help maintain its asset. There being no further discussion regarding the matter, Resolution No. 39143- 062011 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. Vice-Mayor Trinkle offered the following budget ordinance: (#39144-062011) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Jefferson Center Capital Contribution account amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 27.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 39144-062011. I The motion was seconded by Council Members Bestpitch and Price and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. BUDGET-FUEL-FIRE/EMS DEPARTMENT: The City Manager submitted a written communication recommending transfer of funds for a diesel exhaust system upgrade for Fire Station NO.1 located at Franklin Road and Elm Avenue, S. W. . (For full text, see communication on file in the City Clerk's Office.) I I I I 639 Council Member Rosen offered the following budget ordinance: (#39145-062011) AN ORDINANCE to transfer funding from the Health Department/Civic Mall Tenant Upfit project to the Fire/EMS Station #1 Exhaust System Upgrade project amending and reordaining certain sections of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 28.) Council Member Rosen moved the adoption of Budget Ordinance No. 39145- 062011. The motion was seconded by Vice-Mayor Trinkle and Council Members Bestpitch and Ferris. Council Member Bestpitch asked how many other stations needed to be retrofitted with the new system; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, advised that a grant had been secured to retrofit the remaining stations, and Station No. One was the last one. There being no further questions and/or comments by the Council Members, Budget Ordinance No. 39145-062011 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. COMMENTS BY CITY MANAGER: The City Manager commented on the following: Food Drive for Feedinq America Southwest Virqinia · The City has conducted a food drive encouraging employees to bring nonperishable food items to benefit the families served by Feeding America Southwest Virginia. · Collection boxes were made available in the City Manager's Office, Parks and Recreation Administrative Office, all library branches, the Public Works Service Center, the Police Department, all fire stations, and in the Human Services staff room. 640 . The City will participate in the United Way's Day of Action on Tuesday, June 21, by providing City employee volunteers to sort food and other grocery products at the Distribution Center of Feeding America of Southwest Virginia. . City employees have volunteered to work two shifts. I United Way Day of Action Miss Virainia Paaeant Beains This Week . Roanoke Civic Center will host the Miss Virginia Pageant starting Thursday, June 23, with the final ceremonies on Saturday evening, June 25. Ebooks Update . Monday, June 6, the Roanoke Public Libraries implemented their new e-Book checkouts. . More than 700 e-Books were checked out in the first three days. . The Libraries offered an E-Book Expo on Thursday, June 9, at the Main Library to demonstrate to how to use various e-Book devices and how to access e-Books. More than 350 patrons attended this program. I Star City Madness starts Friday. June 24 . This event, which celebrates America's passion for the automobile and the love of cruising, is held annually on the last Friday and Saturday in June. . On Friday, June 24 from 6:00 p.m. to 10:00 p.m., classic and special interest automobiles, trucks and motorcycles will cruise Roanoke's historic "strip" Williamson Road. . On Saturday, June 25 from 10:00 a.m. to 4:00 p.m., a Car and Truck Show will be held in downtown Roanoke. Many City blocks will be set aside for the car show. . The day will end with a 10th Anniversary Celebration Party from 7:00 p.m. to 9:00 p.m. Smart Way Bus Connector . The Transportation Board met today and approved moving forward with the SmartWay Connector service to Lynchburg. A press conference will be held on July 18 to announce the launch of this service. Schedules for the routes, bus fares, and information about the service will be posted on the Valley Metro website. I I I I 641 Elmwood Park Update . An RFP was advertised and the City received five responses. Responses have been narrowed down to four, all of which are from companies in Virginia. Two of those four are from companies in Roanoke. A panel will interview the architectural and engineering firms and a decision will be made in three to four weeks. CITY ATTORNEY: LEGISLATION-GUNS-CITY CODE: The City Attorney submitted a written communication recommending amendment of Section 21-81, Discharqe of air qun. qravel shooter, pneumatic qun, etc., Code of the City of Roanoke (1979), as amended, to prohibit the City of Roanoke from enforcing an ordinance that prohibits the shooting of pneumatic guns on private property, with permission of the owner of the property, if reasonable care is taken to prevent a projectile from crossing the bounds of the property, effective July 1, 2011. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: "AN ORDINANCE amending and reordaining Section 21-81, Discharqe of air qun. qravel shooter, pneumatic qun. etc., of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. " (For full text of ordinance, see Ordinance on file in the City Clerk's Office.) Vice-Mayor Trinkle moved the adoption of the Ordinance.. The motion was seconded by Council Member Rosen. For clarification purposes, the City Attorney shared details regarding the amendment, advising that a bill had been introduced in the General Assembly that would strip local governments of their ability to regulate the discharge of this particular type of weapon, and despite opposition from various local government groups, a bill was passed in the General Assembly that prohibits local governments from prohibiting the discharge of air guns, gravel shooters, pneumatic guns on private property as long as permissions granted from the property owner and reasonable efforts are used to keep any projectiles from crossing property lines. He added that the General Assembly had stripped the ability of localities to prohibit the discharge of pneumatic weapons and several localities had already amended their codes to conform to State law. 642 Chris Perkins, Chief of Police, explained that any pneumatic weapon, depending I on the forced air mechanism used, could be extremely dangerous because of the projectile being expelled at a certain rate of speed. He expressed his concern, adding that if parents or guardians are not in supervision of minors, there would be issues. He called attention to recent acts of vandalism with BB guns, as well as receiving calls from citizens asking if BB guns were allowed on their property. He emphasized that with the new code change, citizens could allow the use of abovementioned weapons on their property, which would mean more weapons would be available for use and more opportunities for incidents. He continued that it would be very difficult to have any impact on the issue because of the "reasonable means to keep it from crossing property boundaries" language, noting that the City is a very densely populated area. Chief Perkins pointed out that some of the BB guns being manufactured looked very similar to real firearms, and that a responding officer would have to make a decision as to how to address the threat of a weapon that looked similar to a real weapon. Council Member Price questioned what would happen if the adoption of the amendment was defeated; whereupon, the City Attorney advised that if the matter is defeated, he will advise the Chief of Police to not enforce the current ordinance because it would be inconsistent with the change in the State Code, adding that there would also be potential lawsuits for enforcing an invalid ordinance. As an alternative, Council Member Ferris inquired if a resolution could be adopted subsequent to approving the amendment expressing Council's displeasure regarding the regulation from the State; whereupon, the City Attorney replied in the affirmative. I In response to the definition of the Dillon Rule, the City Attorney explained that the Dillon Rule was not a written law, nor a statute or a part of the Virginia Constitution, but a legal presumption arising out of long judicial case history in Virginia, adding that Judge Dillon was the person who the rule was named after and it stemmed from a case nearly 100 years ago in another state where the Judge put forth a proposition that local governments only had those powers the state legislators explicitly gave them through legislation or which could be reasonably inferred from statutes passed by the State legislatu re. Elder Lea interjected that legislation as abovementioned and others drive the importance of having meaningful dialogue with legislators to discuss issues affecting the localities. I I I I 643 Following extensive discussion regarding the matter, Council Member Rosen moved that the matter be tabled until the next regular meeting of Council scheduled to be held on Tuesday, July 5. The motion was seconded by Council Members Price and Ferris and unanimously adopted. The City Attorney was instructed to prepare the appropriate measure expressing the Council's OPRosition of the City's compliance to allow shooting of pneumatic guns on private property, etc. DIRECTOR OF FINANCE: SCHOOLS-BUDGET: The Director of Finance submitted a written report recommending transfer of funds with regard to a request of the Roanoke City Public Schools in connection with transportation costs associated with athletics for Fiscal Year 2011. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following budget ordinance: (#39146-062011) AN ORDINANCE to transfer funding from the School General Fund to the School Athletics Fund for transportation, amending and reordaining certain sections of the 2010-2011 School General and School Athletics Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 29.) Council Member Rosen moved the adoption of Budget Ordinance No. 39146- 062011. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. 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 of the School Board. (For full text, see reports on file in the City Clerk's Office.) 644 Council Member Ferris offered the following budget ordinance: I (#39147-062011) AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 30.) Council Member Ferris moved the adoption of Budget Ordinance No. 39147- 062011. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: I INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: Having held a discussion with regard to the rescheduling of the October 3, 2011 Council meeting until October 6, 2011 in support of the 2011 VML Conference scheduled to be held in Henrico County on October 2 - 4, 2011, the City Attorney was instructed to include the change in the meeting date as part of the adoption of the 2011-2012 Council meeting schedule, which action would be taken at the July 5 Council meeting. Council Member Bestpitch asked for a briefing from the City Attorney either in August or September concerning the relocation of polling places, reduction in the number of precincts, and voters' rights. Without objection, the request was referred to the City Manager, City Attorney and the City Registrar. In connection with the request, Vice-Mayor Trinkle said given some of the demographics of Roanoke, including the elderly and senior citizens, it would not hurt to talk about how the City plans to address the full needs of the changing demographics including housing, recreation and outdoor activities for all segments. I I I I 645 Council Member Price commented on the modular building being placed at 24th Street and Orange Avenue, N. W.; and asked that the guidelines be tightened for overlays of neighborhoods, especially for commercial development. At 3:49 p.m., the Mayor declared the Council meeting in recess until 4:00 p.m., in the Council Chamber in order to conduct seven public interviews for consideration to fill the unexpired term of School Board Trustee Jason E. Bingham for a term ending June 30, 2012. The Candidates are: Chris H. Craft, Cynthia W. Dillon, John W. Elliott, Jr., Lisa G. Stoneman, John D. Whitney and Richard M. Willis. At 4:00 p.m., the Council meeting was reconvened, with Mayor Bowers presiding and all Members of the Council in attendance. The Mayor advised that the interview process would consist of each candidate being allotted 15 fifteen minutes, three minutes for opening remarks, followed by responses to the three questions, and any remaining time for closing remarks. He called attention to the assigned times as outlined below: . 4:00 p.m. - 4:15 p.m. (Chris Craft) . 4:15 p.m. - 4:30 p.m. (John Whitney) . 4:30 p.m. - 4:45 p.m. (Cynthia Wright) . 4:45 p.m. - 5:00 p.m. (John Elliott) . 5:00 p.m. - 5:15 p.m. (Richard Willis) . 5:15 p.m. - 5:30 p.m. (Lisa Stoneman) . 5:30 p.m. - 5:45 p.m. (Linda Wyatt) Mayor Bowers shared the following questions that would be asked of each candidate: What skills, experience and attributes do you have that would bring value to RCPS and the school board in the area of financial management and how would these attributes aid the schools in light of reduced funding levels that will continue at least in the short term? What will you do to foster collaboration between the schools and other public and private entities that want to support your efforts; and how do you think we can get more citizens involved as volunteers in our schools? What skills will you bring to the School Board to help them continue to provide and improve services that are an important economic driver for the City while funding continues to be restricted? 646 At 5:05 p.m., the Mayor declared the Council meeting in recess for a Closed I Session in the Council's Conference Room, Room 451, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., since the last and final candidate had not yet arrived for her interview. At this point, Mayor Bowers left the meeting (5:05 p.m.) At 5:36 p.m., the Council meeting reconvened in the Council Chamber, Vice- Mayor Trinkle presiding, and all the Members of the Council in attendance, with the exception of Mayor Bowers. COUNCIL: With respect to the Closed Meeting just concluded Council Member Ferris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Vice-Mayor Trinkle-6. NAYS: None-O. I (Mayor Bowers was not present when the vote was recorded.) At this point, Mayor Bowers entered the meeting (5:36 p.m.), and the Council conducted the last and final interview, with the Mayor asking the abovementioned three questions. At 5:45 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding. PRESENT: Council Members 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-7. ABSENT: None-O. I I I I 647 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 David A. Bowers. At this point, Elder Lea entered the meeting (7:03 p.m.) PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor recognized Sarah Williams, 2011 Patrick Henry High School Graduate, as a star basketball player for setting the Patrick Henry record for most points scored in a career. The Mayor also introduced her family. ACTS OF ACKNOWLEDGMENT-SCHOOLS: The Mayor recognized the Roanoke City Public School Board Safety Advisory Committee Anti-Bullying Slogan and Poster Contest winners, Emmaline Kelly, 8th grader, James Madison Middle School and Shannon Straub, 5th grader, Grandin Court Elementary School. PUBLIC HEARINGS: SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens regarding the appointment to the Roanoke City School Board to fill the unexpired term of office of Jason E. Bingham ending June 30, 2012, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 10, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present that wished to be heard regarding the appointment to the School Board; whereupon, the following persons appeared before the Council: 648 Daniel Baylor appeared before the Council and spoke in support of John Elliott, I Chris Craft appeared before the Council and spoke in support of Linda Wyatt. Jr. Ann McGhee appeared before the Council and spoke in support of Richard (Dick) Willis. Laura Harden appeared before the Council and spoke in support of Richard Willis. Jay Foster appeared before the Council and spoke in support of Richard Willis. There being no additional speakers, the Mayor declared the public hearing closed; and advised that the Council would hold an election to select the successful candidate to fill the vacancy on the Roanoke City School Board at its July 5 Council meeting. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 20, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission and The Branch Family, LLC, to rezone the certain I properties for the purpose of encouraging mixed use development that is compatible with adjoining residences, existing businesses, and the Roanoke River Greenway, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 3,2011 and Friday, June 10, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the request, finding that the application to rezone the subject properties to be consistent with Vision 2001-2020 and the Wasena Neighborhood Plan, adding that rezoning the subject properties to the Urban Flex District would encourage the sustainable reuse of an underperforming urban industrial area by providing opportunities to attract new businesses and residents while maintaining existing industrial uses. (For full text, see report on file in the City Clerk's Office.) I I I I 649 Council Member Rosen offered the following ordinance: (#39148-062011) AN ORDINANCE to amend S 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 properties 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 31.) Council Member Rosen moved the adoption of Ordinance No. 39148-062011. The motion was seconded by Vice-Mayor Trinkle. The Mayor inquired if there were persons present that 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, Ordinance No. 39148-062011 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. COUNTRYSIDE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, June 20, 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, the Countryside Master Plan, dated May 19, 2011, as amended at the Planning Commission public hearing which was held on May 19, 2011, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 3, 2011 and Friday, June 10,2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending adoption of the Plan, as amended. (For full text, see communication on file in the City Clerk's Office.) 650 Vice-Mayor Trinkle offered the following ordinance: I (#39149-062011) AN ORDINANCE approving the Countryside Master Plan dated May 19, 2011, as amended at the Planning Commission public hearing held on May 19, 2011, and amending Vision 2001-2020, the City's Comprehensive Plan, to incorporate the Master 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 33.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 39149-062011. The motion was seconded by Council Members Ferris and Rosen. Chris Chittum, Agent, Roanoke City Planning Commission, shared information regarding the request of the City of Roanoke Planning Commission to amend the Vision 2001-2020, the City's Comprehensive Plan, to include, the Countryside Master Plan, a plan for the redevelopment of the former Countryside Golf Course, now owned by the City of Roanoke. He gave an overview as follows: Summary Process July - August 2010 . Six community meetings I . Meetings with economic development professionals, developers, and realtors; September 2010 - February 2011. September 2010 - February 2011 . City Council authorized planning process . Developed in-house with City Planning Commission serving as the advisory body . Adjacent residents attended all planning commission work sessions and participated in discussion March 2011 . City Council briefing . Referred plan to Planning Commission to begin formal adoption process Foundations . Vision 2001-2020 Comprehensive Plan . Strategic Housing Plan . Greenway plans . Parks and Recreation Master Plan I I I I 651 1~ " t \. PjM~~R~~lM nO~fi;.iiMiM:iitti~~ri.rl l'5fiiO~ofr~ho!Ae'~Ml~1 I MpOiH'i.. '~~~f L Rto{rlJl1'l1f)il \ \ \ \ , t.' " \ \> \ \?~ r\'1 ,~.\ \ '. I. ::J \ \ .\ f' l \ I \ ! lJ'ight.:.hco:.J lomr,'(, CIoII flrl1'.<'f\'.!1lon l!f_~~ _=~_ ~ - 1 (OOII'I>:lr'<l r..lIUI~ll\fl'~ \ , \ \, \, fI,UUHI ",.,IiU9~ !>J~.I \ .~ \. ~ lii(jj'" ~[.. ',.".:#\ ~i-. L " . ': b~ \ , ..." " L, ~t' \ < . ."t 0 ~ ~ ''cir-;j:UtNl::r::;.~-- ,.,-- '., '"'.~ '1 ,,~ ,. . \ With regard to the map of the Master Plan, he described the intended use of each section, noting that preservation would consume over one half of the property, approximately 25 percent for residential development, approximately six percent for neighborhood/commercial and the remaining portion would be for employment uses. 652 I Amendments since March 2011 . Green strips extending to Countryside Road I . Trail connections from the dead ends of Dansbury Road and Fair hope Road to the greenway . Topographic and drainage pattern map . Recreation areas should include both neighborhood and community park areas . Optional area for athletic fields Conclusion . Planning Commission o Six citizens spoke at public hearing o Proposed amendments to respond to some of the concerns o Voted 6-0 to recommend adoption with the noted amendments . With approval of the Ordinance, the plan will be adopted as a component of the City's comprehensive plan (For full text, see copies of presentation and Countryside Master Development Plan as amended and recommended by the Planning Commission dated May 19, 2011, on file in the City Clerk's Office.) I I I I 653 The Mayor inquired if there were persons present that wished to speak on the matter; whereupon, the following individuals appeared before the Council: Ms. Valerie Garner, President of the Countryside Neighborhood, appeared before Council and expressed appreciation to City staff and the Planning Commission for working with the Countryside Neighborhood organization. She informed Council that residents of Countryside had voted to remain neutral on the adoption of the Countryside Master Plan, adding that the Plan was not a neighborhood plan, but rather a development plan; and that it contained language that members did not understand. Ms. Garner called attention to certain concerns that had not been addressed or defined in the document such as the role of the organization, the improved Capital Improvement Project Bonds for $1.5 million targeted for Countryside property. She stated there was understanding that natural areas and trails would be the first priority, but there had been no guarantees from Planning Community and Development and the Parks and Recreation Departments. She continued that there was some trepidation with street layouts and connections as well as large and possibly noisy, lighted fields and recreation areas; and that the Council was under the assumption that everything had been transparent, however, communication with the Planning Department had been sporadic -- outside of the publicized meetings. In conclusion, Ms. Garner asked that before the Countryside Master Plan was adopted and included the City's Comprehensive Plan, that the first priority be to designate the capital improvement projects funds for trails and natural areas for those homeowners harmed by the unsightly hayfields, adding that she would also like to have the role of the neighborhood group defined as part of an evaluation team. Michael Higgins appeared before the Council and requested reconsideration of placing houses between those already on Countryside Road and the proposed natural area. He called attention to petitions from the Countryside Neighborhood Alliance opposing the plan to create housing of any kind on the former 10th fairway. (See copies of comments and petitions on file in the City Clerk's Office.) Susan Hall, Treasurer, Countryside Neighborhood Alliance, appeared before the Council, and also requested that reconsideration be given to the number of houses across the street on Countryside and to allow green space in the middle. Council Member Bestpitch commented that the Master Plan was a fantastic plan that should move forward, and he was of the opinion that an extraordinary effort had been made to preserve parts of the property as well as maintain the property values of existing homes. He went on to explain that the Master Plan protects the value of the existing property, and he did not believe there was anything to support the idea that building houses on both sides of the street would diminish the property value as long as the right kind of houses were built. 654 Council Member Bestpitch questioned if the plan included leaving open space along Countryside so there would be two or three lanes of access to the constructed natural areas; whereupon, Mr. Chittum explained that the access lanes were still part of the plan, but the map was a concept and it would depend on the developer as to where access would be located. I Council Member Bestpitch also inquired about the Lick Run Greenway and how it would connect to Valley View Mall; whereas, Mr. Chittum indicated that Countryside greenways might be orphaned for a while because of the difficulty of crossing Hershberger Road and connection would be a huge challenge. Council Member Bestpitch asked what criteria would be used to determine if the optional athletic fields were to be constructed or not. Mr. Chittum responded that it was a matter of fit and one of the determining factors would be whether the tennis facility was retained. Council Member Bestpitch remarked that the athletic fields should remain in the Plan. Elder Lea mentioned that he was a member of the Council that purchased Countryside, noting that trust was an issue, and he hoped Council would continue to work hard, be transparent and earn the public's trust. In response to an inquiry about the amount of interest that had been paid in I connection with the Countryside property and the affect of the adopted Master Plan would have on the interest rate, the Director of Finance reported that in 2005, the balance was about $4 million in taxable debt, noting that the intention was to resell the property for development, but due to the uncertainty surrounding its use, the property was kept at taxable debt. She explained that the'debt had a 15 year amortization and the tax rate was approximately 6.25 percent, adding that once the Master Plan was in place, the decision could be made to refinance to tax exempt debt with an interest rate of approximately four percent. In conclusion, Ms. Shawver pointed out that the current debt service was between $400,000.00 and $500,000.00 annually, noting that the debt service had declined a little each year as the principle was paid down, leaving the amount at approximately $2.7 million. Following lengthy and indepth discussion regarding the adoption of the Countryside Master Plan, Ordinance No. 39149-062011 was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-7. NAYS: None-O. I I I I 655 HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City 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. Chris Craft appeared before the Council with regard to zoning of property in the Tinker Creek area. There being no further business, Mayor Bowers declared the Council meeting adjourned at 9:16 p.m. APPROVED ATTEST: ~m.~ Stephanie M. Moon, MMC City Clerk g David A. Bowers Mayor 656 ROANOKE CITY COUNCIL-REGULAR SESSION I July 5, 2011 9:00 a.m. The Council of the City of Roanoke met in regular session on Tuesday, July 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, Reaular Meetinas, Code of the City of Roanoke (1979), as amended, pursuant to Resolution No. 38872-070610 adopted by the Council on Tuesday, July 6, 2010. PRESENT: Mayor David A. Bowers-1. ABSENT: Council Members William D. Bestpitch, Rafael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen and David B. Trinkle-6. Due to the lack of a quorum, the Mayor declared the Council meeting in recess to be reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building. At 9:08 a.m., the meeting reconvened in the Council Chamber, Room 450, fourth I floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Rafael E. Ferris, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-4. ABSENT: Council Members William D. Bestpitch, Sherman P. Lea and Vice- Mayor David B. Trinkle-3. 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 Mayor advised that the informal session of Council was being held in the Council Chamber in order to televise live on RVTV-Channel 3 a briefing regarding stormwater management, and that the briefing would be replayed on Thursday, July 7 at 7:00 p.m., and Saturday, July 9 at 4:00 p.m. I I I I 657 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 Ferris moved that Council concur in the request of the Mayor to convene in Closed Meeting as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON AUGUST 1, 2011, at 9:00 A.M., IN THE WILLIAM FLEMING HIGH SCHOOL MEDIA CENTER, 3649 FERNCLlFF AVENUE, N. W. Council was instructed to submit agenda items to the City Clerk by July 22, 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. BRIEFINGS: Stormwater Manaaement Sherman Stovall, Assistant City Manager for Operations, explained that significant challenges affect the existing storm drain infrastructure and recently adopted capital improvement program that includes funding to begin addressing the identified storm drain needs. He noted that the City is facing significant challenges in the area of storm water quality due to upcoming changes that will require compliance with federal and state regulations. The detailed briefing before the Council will highlight both storm drain issues and upcoming challenges with respect to storm water quality. 658 Bob Bengtson, Director of Public Works, indicated that the two primary areas of I storm water management were storm water quantity and storm water quality, noting that the City Engineer, Phil Schirmer, would present the quantity issues, such as drainage, storm water capacity and flooding, and the City's Environmental Administrator, Christopher Blakeman, would present the storm water quality issues, such as the cleanliness of the water as it drains through the system and into rivers and streams. Mr. Schirmer advised that storm water is a national issue and had been declared by the United States Environmental Protection Agency as its number one enforcement priority and the Roanoke Valley-Alleghany Regional Commission was engaged on the issue as well. Following his brief remarks, he reviewed the following information: Major Areas · QUANTITY - how much and how fast- Flooding - regulated flood plains o Local drainage and nuisance flooding · QUALITY - assessment and investigation- Stormwater runoff goes to our rivers and streams o What's at risk o How to fix it · REGULATIONS - pollution sources and their control- Diffuse pollution (cleaning up runoff) o Permitting Key Acronyms · EPA - United States Environmental Protection Agency · DEQ - Virginia Department of Environmental Quality · DCR - Virginia Department of Conservation and Recreation · MS4 - Municipal Separate Storm Sewer System · TMDL - Total Maximum Daily Load · WLA - Waste Load Allocation · NPDES - National Pollution Discharge Elimination System · BMP - Best Management Practices I Topics · Virginia watersheds · Roanoke watersheds · Water Quantity - flooding and local drainage · Water Quality · Regulatory Compliance · Current activity and future issues I I I I 659 He indicated that every watershed has a stream associated with it and of the 13 major watersheds, nine were impaired or were currently listed as impaired by the Department of Environmental Quality (DEQ), meaning they have a water quality issue that needed to be addressed. In response to inquiry, Mr. Schirmer explained that impaired referred to the settlement load within the stream. Sediment could include E coli bacteria, heavy metals, BCP, copper, arsenic, etc.; and most of the streams in the Roanoke Valley were seriously impaired for sediment. He further explained that sediment enters the water by way of run off from property, construction sites, parking lots, fields and other pollutants like heavy metals that attach themselves to the sediment particle and are transported. Council Member Ferris asked how much of the sediment problem is specific to the City of Roanoke; whereupon, Mr. Schirmer advised that the Department of Environmental Quality has tested and its in the assessment stage. At this point, City Environmental Administrator, Christopher Blakeman continued with the presentation. Mr. Blakeman explained that the quality issue stemmed from the fact that normal daily human living creates pollutants for water that can be visible; litter, oil, grease, as well as invisible from smoke stacks, burning coal, pesticides, fertilizers and things of that nature; and that a key point in understanding why storm water pollution was a major concern for regulators was to understand the first contact. He continued that dry water surfaces such as roof tops, parking lots, sidewalks, etc., retain all materials that are deposited on them and even sloped land that is not vegetated was relatively stable in dry weather conditions; and storms deliver energy by the force of water that effectively washes said material away. He pointed out that the system relies on two separate phenomena -- a storm drainage system that goes to the Roanoke River and sanitary sewer pipes that go to the City's Water Treatment Plant. In addition, he further noted that there was a common misconception that storm sewers receive water that is ultimately treated, which is incorrect, storm systems are a separate set of pipes that drain to the river and because that deficient design relieves localized flooding so roads can be maintained for engine purposes, commerce and so forth--making that system an effective disbursement for pollutants that accumulate over time. 660 Mr. Blakeman continued stating that the Clean Water Act was passed in 1972 when federal and state agencies were tasked with the responsibility to assess the health of the nation's waters; they determined four beneficial use categories; aquatic wildlife, public use, public recreation and commercial fisheries and fish consumption that is based upon a scale of 1 - 5 with 5 being the most heavily impaired; and a detailed study results in a pollution diet or TMDLO, Total Maximum Daily Load. He remarked that the concept is determining the amount of pollution the water can sustain and still be healthy, and once the pollutant load is determined the sources of impairment are reviewed and placed into three major categories; industrial discharges, agricultural run off, and Municipal storm sewer system pollution. I Mr. Schirmer advised that Roanoke has one of the highest recurrent flood losses of any community in Virginia -- the 100-year storm has a one percent chance of reoccurring in any year, two percent chance for the 50-year storm, ten percent chance and 50 percent chance for the ten-year and two-year storms, and those are the criteria used when designing a storm sewer system. Council Member Rosen inquired what category the City's recent storms fell into; whereupon, Mr. Schirmer replied that recent storms do not reach the two-year level and were only extremely intense thunderstorms that generally have short durations of 45 minutes to an hour, with a very heavy rainfall resulting in about an inch of precipitation in a short period of time, adding that the systems are not designed to handle that much I water that quickly. Mr. Schirmer advised that the base flood is the one percent recurrence interval, FEMA floodplains are based upon that interval previously called the 100-year storm or the regulatory flood, and the City has 13 regulated FEMA floodplains. He indicated that were FEMA regulated because many years ago, City Council participated in the National Flood Insurance Program, and in exchange for getting federal subsidized flood insurance, the City agreed to certain regulatory activities related to the floodplains. In terms of the Roanoke River Flood Reduction Project, the City Engineer called attention to the Greenway system and the significant improvement with flooding along the Roanoke River in the areas particularly by Ninth Street, industrial development and improvement in the 2-year, 10-year storms, with the maximum benefit of the flood reduction project is for the 25-year storm. He mentioned that the one percent chance or regulatory flood was not influenced and a large amount of money has been spent for not a whole lot of change in floodplain elevations, and he felt it was infeasible to seriously affect the regulatory floods and recommended focus on the floodplain and adapt those facilities or protect them from the flood peril or if possible buy these properties and turn them into green space. I I I I 661 The Mayor stated that since the flood of 1985, approximately $70 million had been spent and with the best possible job done to handle a major flood, little more can be done; whereupon, Mr. Schirmer answered that it was a fair statement and if the City experienced another flood similar to 1985, there would still be significant peril for the citizens and those residents along the river, adding that the flood reduction project would not have much effect on another flood like that of 1985. The City Engineer reviewed the Community Rating System (CRS), a public outreach program to reduce flood damage loss, explaining that an audit of the development regulations was performed and Roanoke had been declared a class seven community, which is the best rating of any community in Virginia, and the communities that have adopted floodplains start out with a rating of ten and with each step of progress, the community can move down to a Class 9,8, 7,6 or the lowest rating of a 5. He noted that Roanoke County was a Class 8 community and the City of Salem and Town of Vinton do not participate in the program, adding that this program allows citizens that have federally subsidized flood insurance to receive a 15 percent reduction in their annual premiums. Following lengthy discussion with regard to the previous flood reduction projects performed within the City, Mr. Schirmer reported that the City has about 125 projects worth $21.8 million and the funds in the capital improvement program needed to be targeted toward those projects. He called attention to the top ten projects selected from the lists which represent the worst of the projects to be completed. 662 ,-"-~ -- --. ~-- _..,_.- . - ----.---,'.---. _.--~ _..~._.,- -- --.'--. -..., --. Estima~d CumtJlalive Rank Project Name Project Description Construction Cost Total 1 Moomaw Heights - CiSffiale Ave and GI~es 5t InstaJI curb and gutter. rein:oroed c.xIcrelE> p4Je and drain'"ge $ 494.~) $ 494.500 Sl!Uc;uresto efminale ftocding of pril'ate lIfOIIerties 2 Westcw..r A\-e(2500 blk)aJley bet Weslover&Memorial System to prevent !>:me & yard flro:ilngfrom eM? on $ 27B.9~ $ ITS.H8 Edoewooi ,'." 3 Fr.,..noSireel 1$31 Conned 10 elCisting system two blocl;s away S eaa,oaa $ 1.381,526 4, Gordon and BeMingron Street hstaJ drain system lD ~mina:e streElliooding $ 7S,BOO $ 1.457,32il 5 Belle Aven'Je 3tl.dge - GLO 13 En'arge Belle Ave. crossing to m~ 1 O.yr feqUrelM'nts $ 248.100 $ 1.7l}5,42e 6 3132 CO'Jr.land AYe (roo b'k Queen, 3100 blk Storm drain system iIlId cfrch.rod $ 3&1,000 $ 2.065,42e L'IlltIhlJ(slV ~ .. .. InstaJ 2660. SD system. 3 manholes alld 3 inleis to elininate a 7 3519 Windsor Road - Phase I clrainage we:! klcate<l ai 3519 Windsor $ 512.770 $ 2.001>,196 8 Moran Street (3500 BIccl) Install Slm of IS" ReF aDd 4 inle1S $ 223.600 $ 2,821.7{l6 9 738 Windsor Ave_ 1400 feel of 24"slcrmdrain 10 in~t runoff jlBnping exisfng $ 200.800 $ 3. 112.006 Courb ~ . ~tcrm Drain Improvement: Curb rnleis, 24" and 15"RCP" ~ 10 1318Vame/lA\leTlUe NE' and Residential Entranc~. $ 475,610 $ 3.5B8,206 !. CHy uf ,;;!cDWJUk.~ - 0.::IjJ:Jrrm.3JJ! uf_?U!JJkW!JrJu':] Mr. Blakeman continued highlighting the following information: New Proqram Mandate Stormwater management is not just a mater of flood control and healing neglected infrastructure . Localities across the nation face an unprecedented regulatory burden . Meeting this mandate requires a whole new local government program where none has existed sustaining it into the future . Trend over past two decades is to regulate urban stormwater like industrial or sewage plant discharges o Ensure that end-of-pipe water quality meets increasingly stringent criteria I I I I I I 663 Cascading Authority - Local Control Federal and State authorities support local program administration and control . Many new local responsibilities: o Administration of current State-run program aspects o Fee increases o More stringent local ordinances o Increased inspection and Enforcement duties o Related public outreach and engagement o Compliance tracking, recordkeeping and reporting o Fee collection, distribution and expenditure Mr. Blakeman stated that the City will have some new responsibilities as a result of this process while taking on programs that are currently administered by the State; and fee increases will be incurred in order to administer the programs, some required by State law as well as Federal mandates. He further stated that increased inspection and enforcement duties by City staff related to public outreach, education, engagement and participation will be tracked for compliance; and a portion of the fees that are currently collected are administered by the State, the City will take those over plus the responsibility of additional fees. Council Member Rosen inquired if the City would takeover DCR's role in terms of inspecting construction sites; whereupon, Mr. Blakeman indicated that currently City staff inspects several of the projects, but it will increase under the new regulatory criteria. Mayor Bowers inquired if this is a 25 year process for the City of Roanoke because it has taken 25 years to build out the flood reduction program since the flood of 1985, and if the City will have a standard to follow as to how much it contributes to the total maximum daily load of pollution; whereupon, the City Manager replied that it would depend on how much funding is available, adding that drafts come out in fall in terms of water quality issues and it may take multiple years to take care of those and the water quantity issues can be slowly addressed, but it depends on funding sources needed to maintain the system appropriately--approximately $1 million or more per year. Mr. Blakeman reviewed the minimum control measures, public outreach and multiple cases of violations. Following response to questions, Mr. Schirmer continued with the briefing with an explanation of the relevant dates and timelines for the program. He advised that in 2013, the City would receive the new permit; and controls would have to be adopted to assess for PCB's and a TMBL was passed for PCB's last year by the DEQ, adding that a single sample currently costs approximately $1,100.00 and will have to be done twice a year at representative points for outfalls from City properties. 664 He indicated that the magnitude of the issue and increasing regulatory burden was great, and on July 1, 2014, the full transition of the construction general permit administration would become the responsibility of the localities and fee collection to distribute a portion of that revenue back to the State. He emphasized that the ideal is to develop solutions regionally and implement regional approaches, noting that each of the neighboring jurisdictions is under its own mandate and facing some version of the same issue. The City Engineer pointed out that it was important to know that the storm water infrastructure and regulatory compliance issues include real risks and the City must cover bases with understand!ng and commitment for the long term, and it would be important for the future to establish the City of Roanoke as a credible leader that others could look to and working towards a regional watershed partnership model would be the ideal solution. ) I In response to inquiry, Mr,i Schirmer explained what other Virginia communities are investing in the storm water program and advised that all the Phase 1 cities in Virginia with a few of exceptions, like Chesterfield, have chosen to implement a storm water utility to pay for the costs. The Counties of Fairfax, Arlington and the City of Alexandria have chosen to fund it through an increase in real estate taxes. He reiterated that the Counties of Henrico and Chesterfield were recently fined by the EPA for not having dedicated funding. Council Member Rosen asked how much each locality was spending on storm I water capital improvements prior to raising taxes or implementing a utility fee; whereupon, Mr. Schirmer replied that he could research the matter and provide the data at a later time. Council Member Rosen commented that it was great that the City of Roanoke was including funding in the capital plan and it would be interesting to see in comparison how others approached the problem. Mr. Schirmer concluded that the next steps going forward were to increase public awareness, public education to make sure the citizens understand the issues and are modifying their behaviors in a positive way; also to consider convening stakeholders on the issue to better educate the business community and perhaps work with neighbors to find opportunities for synergy; and lastly to evaluate the funding mechanisms that may be available to address the resource needs. (For full text, see copy of presentation and transcript of briefing on file in the City Clerk's Office. ) The Mayor commended the City Manager on the approach to the issue by laying out the problem, focusing on education, and researching regional solutions to help solve the problem. I I I I 665 Line of Dutv Act Andrea Trent, Assistant Director of Finance, briefed the Council on the upcoming changes to the Line of Duty Act: The Benefits Benefits for state and local public safety officers or their beneficiaries due to a death or disability resulting from the performance of duties · Death benefit payment to beneficiary o $100,000 - death while in service o $ 25,000 - death within 5 years of separation · Health insurance coverage for officer, spouse and/or dependent children o For disabilities after July 1, 2000 Eliclible Emplovees · Law Enforcement and Fire Suppression - First Responders o Certain Police Department employees o Certain Sheriff's Office employees o Certain Fire Department employees · Employees of these departments conducting actions in the Line of Duty · Employees in these departments whose death occurs within five years of separation of service and related to the State's referenced presumptions · 730 employees in these three departments currently qualify for LODA benefits What chanQed? State mandated local government responsibility for Line of Duty Act benefits effective July 1, 2011 Required Action - City Council · Unless the City wishes to join the VRS Line of Duty Fund, make an irrevocable election by the end of July 2011 to opt out of the fund FundinQ Options · VRS Line of Duty Fund o Fully insured option, priced per covered employee · V ACo o Partially to fully insured option with range of deductibles, priced per covered employee · Self Funding o Self insured option determined via valuation assessing City's own liability based on actual claims experience 666 Recommendation I Self insuring the liability appears to provide the most economical approach for the City Staff recommends the City opt out of the VRS Fund Next Step July 18, 2011 City Council Meeting Adopt a Resolution to irrevocably elect out of the VRS Line of Duty Act Fund effective July 1 , 2011 Reauired Future Action - City Administration · Quantify current and estimated future liabilities (via actuarial valuation) · Establish funding strategy · Recommendations for funding of liabilities through annual budget process · Financial reporting disclosure beginning in FY12 (See copy of presentation on file in the City Clerk's Office.) Discussion: In response to an inquiry, Ms. Trent advised that the benefit is over funded in the beginning of the budget to avoid being short during the fiscal year. Mayor Bowers inquired if the level of service to City employees would change I and if the benefit was funded through the Pension Plan; whereupon, Ms. Trent advised that the change was how the benefit was funded, adding that the benefit itself would remain the same, and that the benefit was not a part of the Pension Plan. Mayor Bowers suggested that the matter be" discussed with the City Sheriff and affected employees if not already done so; whereupon, the Director of Finance explained that since no change was made in the benefits offered to the employees, they were not notified, but management in the affected departments were advised of the changes. At 12:13 p.m., the Mayor declared the Council Meeting in recess for a Closed Meeting in the Council's Conference Room, until 2:00 p.m., in the Council Chamber. At 2:00 p.m., the Council Meeting reconvened in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor David A. Bowers presiding. PRESENT: Council Members Rafael E. Ferris, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-4. ABSENT: Council Members William D. Bestpitch, Sherman P. Lea and Vice- Mayor David B. Trinkle-3. I I I 667 The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager;, William M. Hackworth, City Attorney; Ann H. Shawver, Director of Finance; and Stephanie M. Moon, City Clerk. The Invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ORGANIZATIONAL MEETING CITY COUNCIL: The Mayor advised that the first meeting of Council in the month of July is considered to be the organizational meeting at which time the Council will adopt a resolution establishing the days, times and places of regular meetings to be held by the Council during the ensuing months; whereupon, Council member Ferris offered the following resolution: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) PRESENTATIONS AND ACKNOWLEDGEMENTS: ROANOKE VALLEY CABLE TELEVISION: The Mayor announced that RVTV Channel 3 had received the "Communicator Award" for the Eat for Education Public Service Announcement and recognized Elaine Bays-Murphy, Director of Cable Access, and Melinda Mayo, City Public Information Officer, in receipt of the Award of Distinction in the 17th Annual Communicator Awards. 668 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. I Mary Cuddy appeared before the Council to request the City's assistance with overgrown weeds on vacant lots in the southeast section of the City. Without objection by the Council, the request was referred to the City Manager for a response within 10 days. 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 and 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. The Mayor called attention to one public hearing request for July 18 at 7:00 p.m., from the City Manager. CITY MANAGER: A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 18, 2011, at 7:00 p.m., or as soon I thereafter as the matter may be heard, to consider a request from Kuumba Community Health and Wellness Center, Inc., d/b/a New Horizons Healthcare, a non-stock, not for profit corporation, for tax exemption of personal property in the City located at 4910 Valley View Boulevard, N. W., Suite 310. (See communication on file in the City Clerk's Office). Council Member Price 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 Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) I I I I 669 OATHS OF OFFICE-ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION-ROANOKE NEIGHBORHOOD ADVOCATES-MILL MOUNTAIN ADVISORY BOARD: Reports of qualification of the following individuals were before the Council: The Honorable David A. Bowers as a City representative (elected official) of the Roanoke Valley-Alleghany Regional Commission for a three-year term of office ending June 30, 2014; Dustin R. Akers as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of Christina Brannan ending June 30, 2012; and Ahondryea Brooks as a member of the Mill Mountain Advisory Committee for a three-year term of office ending June 30, 2014. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Price 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 Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: WEST END CENTER: Joy Parrish, Interim Director, appeared before the Council and presented a youth demonstration of a leadership building exercise. Ms. Parrish extended an invitation to the Council and City Administration to attend an Open House Kickoff at the Center on Tuesday, August 2, 2011 from 4:00 p.m. - 6:00 p.m. (See handouts on file in the City Clerk's Office.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFING: NONE. 670 ITEMS RECOMMENDED FOR ACTION: EMERGENCY MEDICAL SERVICES-HOMELAND SECURITY-BUDGET- GRANTS-EQUIPMENT: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the FY 2010 State Homeland Security Program Grant from Virginia Department of Emergency Management to be used by the Fire/EMS Department for HAZMAT Team equipment and training. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39151-070511) A RESOLUTION accepting the FY 2010 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 36.) Council Member Ferris moved the adoption of Resolution No. 39151-070511. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) Council Member Ferris offered the following budget ordinance: (#39152) AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the puchase of Hazardous Material Team equipment and training, amending and reordaining certain sections of the 2011- 2012 Grant Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 75, page 43.) I I I I I I 671 Council Member Ferris moved the adoption of Budget Ordinance No. 39152. The motion was seconded by Council Member Rosen and adopted on its first reading by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) BUDGET-HEALTH DEPARTMENT-YOUTH-RECREATION: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Health to provide for the nutritional needs of children and youth during the summer months through a Parks and Recreation supervised Summer Nutrition Program. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39153-070511) A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 37.) Council Member Price moved the adoption of Resolution No. 39153-070511. The motion was seconded by Council Member Rosen. Council Member Price commented that she was delighted to see the Summer Food Program moving forward. There being no additional comments by the Council Members, Resolution No. 39153-070511 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) 672 Council Member Price offered the following budget ordinance: (#39154) AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2011- 2012 Grant Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 75, page 43.) Council Member Price moved the adoption of Budget Ordinance No. 39154. The motion was seconded by Council Member Rosen and adopted on its first reading by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) I BUDGET-DONATION-MILL MOUNTAIN GARDEN CLUB: The City Manager submitted a written communication recommending acceptance of the Mill Mountain Garden Club's donation of design services, materials and labor necessary to develop an I outdoor classroom for Mill Mountain Park. (For full text, see communication on file in the City Clerk's Office.) Council Member Rosen offered the following resolution: (#39155-070511) A RESOLUTION accepting a donation from the Mill Mountain Garden Club to the City to develop an outdoor classroom for Mill Mountain Park; authorizing the City Manager to take any necessary actions pertaining to such donation; and expressing the City's appreciation for such donation. (For full text of resolution, see Resolution Book No. 75, page 38.) Council Member Rosen moved the adoption of Resolution No. 39155-070511. The motion was seconded by Council Member Price. The Mayor recognized members of the Mill Mountain Garden Club who were in attendance. I I I I 673 Council Member Ferris expressed appreciation to the Mill Mountain Garden Club for its donation and also to Steve Buschor, Director of Parks and Recreation, and Donnie Underwood, Park and Greenway Planner, for their efforts. There being no additional comments by the Council, Resolution No. 39155- 070511 was adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) LEASES-PARKING-PATRICK HENRY HOTEL: The City Manager submitted a written communication recommending execution of a Letter Agreement between the City of Roanoke and 611 Jefferson, LLC, for access to parking permits for the Patrick Henry Hotel Project and determination of the project's necessity and appropriateness for the revitalization of Census Tract Eleven. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39156-070511) A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia, and 611 Jefferson, LLC, for access to parking permits for the Patrick Henry Hotel Project (Project); making a determination that the non-housing portions of this Project are necessary and appropriate for the revitalization and for the continued commercial and economic development of Census Tract Eleven (11); authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions to advise the Virginia Housing Development Authority (VHDA) of such determination; authorizing the City Manager to execute the Letter Agreement referred to above; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. (For full text of resolution, see Resolution Book No. 75, page 39.) Council Member Ferris moved the adoption of Resolution No. 39156-070511. The motion was seconded by Council Members Rosen and Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) 674 Cooper Youell, Attorney representing the Stakeholders, was present in support of I the project. COMMENTS BY THE CITY MANAGER: The City Manager announced the following: Smart Way Connector Bus · A news conference will be held on Monday, July 18, at 4 p.m., to introduce the Smart Way Connector, the much-anticipated shuttle-bus service between Roanoke and Lynchburg. The event will take place here at the Noel C. Taylor Municipal Building, on the steps facing Church Avenue. · The Smart Way Connector will provide an affordable option for Roanoke area residents to catch Amtrak trains to Washington, D.C., and beyond. · One-way fares will be $4. · Free parking will be available at park-and-ride lots and the Roanoke Civic Center, where the shuttle departs. · Schedules are synched to meet arriving and departing trains in Lynchburg. Recent Storms · Storms on July 4 resulted in over250 calls to the E-911 Center, reporting power outages. Citizens that want to report power outages should call AEP at 1-800-956-4237. · Additional crews will be used to assist with brush pick up resulting from the storm. I Other · The Adopted Resource Allocation Plan for FY12 is available online at www.roanokeva.Qov DIRECTOR OF FINANCE: FINANCIAL REPORTS: The Director of Finance submitted a Financial Report for the month of May 2011. (For full text, see Financial Report on file in the City Clerk's Office.) I I I I 675 The Director of Finance summarized the Financial Report for the month of May by stating that revenue has been steady and local taxes were pertorming in an upward trend; real estate taxes exceeded the estimate and personal property tax revenue was increased by 1 percent. She pointed out that at eleven months into the fiscal year, revenues and expenditures were wrapping up positively, adding that the Civic Center Fund was pertorming well with two sellout events in May, being the James Taylor Concert and Beauty and the Beast, whereby an additional show was added. She also mentioned that The Cirque De Soleil performance was the highest revenue generating show in 40 years at the Civic Center with gross ticket sales totaling over $ 1.2 million. Ms. Shawver explained that the end of the fiscal year was June 30; therefore, the June Unaudited Report would be presented by or at the September 19 Council meeting, inasmuch as it takes a great deal of time and effort to close the fiscal year and prepare said report. Council Member Rosen inquired about the outlook of the real estate tax for the fiscal year; whereupon, Ms. Shawver advised that there was growth during the current fiscal year exceeding the estimate, adding that Fiscal year 2012 would see small growth in the area of real estate taxes. She continued by stating that although some assessments decreased, she did foresee downward pressure on real estate in the 2013 fiscal year. Council Member Rosen also inquired about the Meals Tax; whereupon, Ms. Shawver replied that the tax experienced an upward turn and should be okay. Council Member Ferris inquired about the amount of real estate transactions below assessment value and the effect of a one percent reduction on the budget for next year. Ms. Shawver responded that indeed many transactions have decreased and a one percent reduction equaled approximately $800,000.00 from the budget. Mayor Bowers asked if new construction included renovation of homes; whereupon, Ms. Shawver replied in the affirmative noting that if associated with a building permit, it was included. In addition, he inquired about the effect of the loss on revenue from the closing of the Wal-Mart Store; whereupon, Ms. Shawver advised that fortunately Kohl's Department Store would be opening in September at the site which would help to recover the difference in the loss of revenue. There being no additional questions by the Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: NONE. 676 . UNFINISHED BUSINESS: I CITY CODE: Having tabled the matter with regard to an amendment of Section 21-81, Discharae of air gun, aravel shooter. pneumatic qun. etc., Code of the City of Roanoke (1979), as amended, to prohibit the City of Roanoke from enforcing an ordinance that prohibits the shooting of pneumatic guns on private property, with permission of the owner of the property, if reasonable care is taken to prevent a projectile from crossing the bounds of the property, effective July 1, 2011, at its regular session held on Monday June 20, 2011, Council Member Ferris moved that the matter be removed form the table. The motion was seconded by Council Member Price and adopted. The following ordinance offered by Council Member Ferris and seconded by Council Member Price was again before the body for consideration: (#39157) AN ORDINANCE amending and reordaining Section 21-81, Discharge of air aun, gravel shooter, pneumatic aun. etc., of Chapter 21, Offenses-Miscellaneous, Code of the City of Roanoke (1979), as amended. (For full text of ordinance, see Ordinance Book No. 75, page 44.) Council Member Rosen advised that with only four Members of Council in I attendance, all four must vote affirmatively to pass the ordinance and be in compliance with State law, however, for the record, he expressed his opposition to the changes in the State law. He pointed out that Roanoke has 2,250 persons living per square mile versus Roanoke County who has 370 people living per square mile and in such a dense City, the firing of pneumatic guns could potentially kill someone as well as present a great danger to law enforcement. He strongly expressed his displeasure with the forcing of laws onto localities from the State legislators and indicated that begrudgingly he would vote in the affirmative. Council Member Ferris concurred with Council Member Rosen's comments and remarked that he had no qualms with regard to gun ownership, but unfortunately, shooting projectiles within the City of Roanoke he could not support. He added that although Council may disagree with the decisions of the General Assembly, the responsibility was to make the laws consistent and not have unenforceable ordinances which could lead to unforeseen issues. He also indicated that he too would vote affirmatively for the amendment to keep the laws consistent. Council Member Price concurred with Messrs. Rosen and Ferris and expressed that it was an unfortunate situation to be placed in. I I I I 677 There being no further remarks by the Council, Ordinance No. 39157 was adopted on its first reading by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) Council Member Rosen offered the following resolution: (#39158-070511) A RESOLUTION expressing City Council's extreme displeasure with State legislation that became effective July 1, 2011, invalidating all local ordinances that prohibit the use of pneumatic guns on 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," and calling for the repeal of such legislation. (For full text of resolution, see Resolution Book No. 75, page 40.) Council Member Rosen moved the adoption of Resolution No. 39158-070511. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: NONE. 678 VACANCIES ON CERTAIN AUTHORITIES, BOARDS, COMMISSIONS APPOINTED BY COUNCIL: I OATHS OF OFFICE-ROANOKE NEIGHBORHOOD ADVOCATES: The Mayor called attention to a vacancy on the Roanoke Neighborhood Advocates created by the expiration of the three-year term of office of Barbara Richardson on June 30, 2011; whereupon, he opened the floor for nominations. Council Member Price placed in nomination the name of Felicia Journiette. There being no further nominations, Ms. Journiette was appointed as a member of the Roanoke Neighborhood Advocates to replace Barbara Richardson for a three- year term of office ending June 30, 2014, by the following vote: FOR MS. JOURNIETTE: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) OATHS OF OFFICE-ROANOKE REDEVELOPMENT AND HOUSING I AUTHORITY: The Mayor called attention to the upcoming expiration of the four-year term of office of Daniel Karnes as a Commissioner of the City of Roanoke Redevelopment and Housing Authority ending August 31,2011; whereupon, he opened the floor for nominations. Council Member Price place in nomination the name of Daniel Karnes. There being no further nominations, Mr. Karnes was reappointed as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a four- year term of office ending August 31, 2015, by the following vote: FOR MR. KARNES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) I I I I 679 OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION: The Mayor called attention to the upcoming expiration of the three-year terms of office of Paul Anderson, Brownie E. Polly and Thomas Pettigrew as members of the Roanoke Civic Center Commission ending September 30, 2011. Inasmuch as Mr. Anderson has served three consecutive terms of office, he is not eligible for reappointment; whereupon, Mayor Bowers opened the floor for nominations. Council Member Price placed nomination the names of Brownie E. Polly and Thomas Pettigrew. There being no further nominations, Messrs. Polly and Pettigrew were reappointed as members of the Roanoke Civic Center Commission for three-year terms of office ending September 30, 2014, by the following vote: FOR MESSRS. POLLY AND PETTIGREW: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) SCHOOL BOARD: Council Member Ferris offered the following resolution appointing Richard Willis as School Board Trustee to fill the unexpired term of Jason E. Bingham commencing July 5, 2011 through June 30, 2012: (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#39159-070511) A RESOLUTION appointing Richard Willis as School Board Trustee on the Roanoke City School Board to fill the unexpired term of Jason Bingham, July 1, 2011 through June 30, 2012. (For full text of resolution, see Re&olution Book No. 75, page 42.) Council Member Ferris moved the adoption of Resolution N9. 39159-070511. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) 680 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 Ferris, Price, Rosen and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch, Lea, and Vice-Mayor Trinkle were absent.) There being no further business, the Mayor declared the Council meeting adjourned at 3:13 p.m. APPROVED ATTEST: ~'rr1.~ Stephanie M. Moon, MMC City Clerk S)-<XF..-~ David A. Bowers Mayor I ',"" I I I I I 681 ROANOKE CITY COUNCIL-REGULAR SESSION July 18, 2011 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, July 18, 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 Sherman P. Lea, Anita J. Price, Court G. Rosen, Raphael E. Ferris, and Mayor David A. Bowers-5. ABSENT: Council Member William D. Bestpitch and Vice-Mayor David B. Trinkle-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 Jonathan E. Craft, Deputy 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 Mayor David A. Bowers. ANNOUNCEMENTS: The Mayor introduced Ines Yahi, French Exchange student, visiting from Roanoke's Sister City Saint-La, France. He announced that a Press Conference would be held at 4:00 p.m., in front of the Noel C. Taylor Municipal Building to announce the new Smartway Connector Bus that would run from Roanoke to Lynchburg's Amtrak station, stopping only in Bedford to pickup additional passengers. 682 PRESENTATIONS AND ACKNOWLEDGMENTS: I ACTS OF ACKNOWLEDGMENT-CITY EMPLOYEES: The Mayor announced that the City's Fleet Division was recognized as the highest-ranking fleet in the 100 Best out of three Virginia winners, the others being Suffolk and Prince William County, in a contest sponsored by Government Fleet Magazine and was presented the award on June 8 at the National Government Fleet Conference. 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. Robert Gravely appeared before the Council and encouraged them to create jobs and work with the people in the community. 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 I desired, the item would be removed from the Consent Agenda and considered separately. The Mayor called attention to two public hearing requests from the City Manager and Director of Finance, respectively. MINUTES: Minutes of the regular meetings of Council held on Monday, May 16, 2011, and Monday, June 6, 2011 were before the body. (See Minutes on file in the City Clerk's Office.) Elder Lea 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 Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) I I I I 683 CITY PROPERTY-EASEMENTS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 1, 2011, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider granting a 15 foot above ground utility easement across City-owned property located in the Roanoke Center for Industry and Technology (RCIT), was before the body. (See communication on file in the City Clerk's Office.) Elder Lea 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, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) BONDS-CAPITAL PROJECTS: A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, August, 15, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal authorizing the issuance of debt for capital projects, was before the body. (See communication on file in the City Clerk's Office.) Elder Lea moved that Council concur in the request of the Director of Finance as above described. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) MINUTES: Minutes of the Audit Committee held on June 1, 2011 and June 6, 2011, were before the body. (See Minutes on file in the City Clerk's Office.) 684 Elder Lea moved that the minutes be received and filed. The motion was I. seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) OATHS OF OFFICE-TOWING ADVISORY BOARD-ROANOKE VALLEY CONVENTION AND VISITORS BUREAU-SCHOOL BOARD-HOUSING AUTHORITY: Reports of qualification of the following individuals were before the Council: Jeffrey Robertson as a member of the Towing Advisory Board for a term of office ending October 31,2013; Ssunny Shah as a City representative of the Roanoke Valley Convention and Visitors Bureau, Board of Directors for one-year term of office ending June 30, 2012; David B. Carson and Lori E. Vaught as Trustees of the Roanoke City School Board for three-year terms of office, each, ending June 30, 2014; 1 Richard Willis, Jr., as a Trustee of the Roanoke City School Board to fill the unexpired term of Jason E. Bingham commencing July 5, 2011 and ending June 30, 2012; and Daniel Karnes as a Commissioner of th~ Roanoke Redevelopment and Housing Authority for a four-year term of office ending August 31, 2015. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Elder Lea 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, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) 1 1 1 I 685 REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: ELECTORAL BOARD: Laverne Grisby, General Registrar, submitted a written communication requesting approval for the relocation of three polling sites for certain precincts within the City of Roanoke. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered .the following ordinance: (#39160-071811) AN ORDINANCE amending and reordaining Sec. 10-18, Same--Votinq place. Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Highland Precinct No.1; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 46.) Council Member Price moved the adoption of Ordinance No. 39160-071811. The motion was seconded by Council Member Rosen. In response to inquiry with regard to the changes in location, Ms. Grigsby stated that the current polling location for the Highland Precinct No. 1 had parking challenges for people with disabilities and in order to address the issue the Roanoke Scottish Rite Building was proposed as a new location for the polling site. She advised that due to changes in polling locations, each voter would be notified by letter, a notice would be placed in the newspaper and maps would be made available. She further explained that the Electoral Board proposed the location changes at the Tinker and Williamson Road No. 5 Precincts because Fire Station No. 14 was no longer adequate in size and the Huff Lane Intermediate School was closed and placed on the market for sale. There being no additional questions and/or comment from the Council Members, Ordinance No. 39160-071811 was adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) 686 Council Member Ferris offered the following ordinance: 1 (#39161-071811) AN ORDINANCE amending and reordaining Sec. 10-28, Same--Votinq place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Tinker Precinct; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 47.) Council Member Ferris moved the adoption of Ordinance No. 39161-071811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) Council Member Rosen offered the following ordinance: (#39162-071811) AN ORDINANCE amending and reordaining Sec. 10-38, Same--Votinq place. Code of the City of Roanoke (1979), as amended, to provide for 1 the permanent relocation of the polling location for the Williamson Road Precinct No.5; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 75, page 49.) Council Member Rosen moved the adoption of Ordinance No. 39162-071811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) JEFFERSON CENTER FOUNDATION: David I. Tenzer, Chairman, Jefferson Center Foundation Board of Directors, appeared before Council and gave a report on the accomplishments of the past fiscal year and season at the Jefferson Center; and shared a brief video presentation highlighting the Jefferson Center's activities for students. (See report on the 2010-2011 season and video on file in the City Clerk's Office.) 1 1 1 I 687 Following comment by Council Member Price with regard to their accomplishments, the Mayor expressed appreciation to Mr. Tenzer for the presentation and advised that without objection the report would be received and filed. ROANOKE NEIGHBORHOOD ADVOCATES: Ron McCorkle, Chairman, Roanoke Neighborhood Advocates, appeared before the Council and gave an update on the current role of the Roanoke Neighborhood Advocates Committee. (See handout on file in the City Clerk's Office.) There being no questions and/or comments by the Council, the Mayor advised that the remarks would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds for the Edward Byrne Memorial Justice Assistance Grant from the Department of Criminal Justice Services for the Intensive Supervision Juvenile Probation Program. (For full text, see communication on file in the City Clerk's Office.) Elder Lea offered the following resolution: (#39163-071811) A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 75, page 50.) Elder Lea moved the adoption of Resolution No. 39163-071811. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) 688 Elder Lea offered the following budget ordinance: 1 (#39164-071811) AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending and re-ordaining 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 51.) Elder Lea moved the adoption of Budget Ordinance No. 39164-071811. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) BUDGET-VIRGINIA DEPARTMENT OF TRANSPORTATION: The City Manager submitted a written communication recommending approval to reduce funding 1 in connection with the Virginia Department of Transportation (V DOT) Signal and ITS Improvement Project. (For full text, see communication on file in the City Clerk's Office.) Elder Lea offered the following budget ordinance: (#39165-071811) AN ORDINANCE to de-appropriate funding from the Signal and ITS Improvement 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 52.) Elder Lea moved the adoption of Budget Ordinance No. 39165-071811. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Lea, Price, Rosen, Ferris, and Mayor Bowers-5. NAYS: None-O. (Council Member Bestpitch and Vice-Mayor Trinkle were absent.) 1 689 1 COMMENTS BY CITY MANAGER: The City Manager shared the following: Artist Cheryl Foster is attracting a lot of attention as she works to install the mosaics at the entrances of the Market Building. The four beautiful mosaics are the newest addition to the City's public art collection, and their design reflects the history of Roanoke: · Woman with fresh produce and flowers, a railroad porter, an old-style butcher, and a boy with a banjo. · Work will be completed this week. 1 Smart Way Connector Bus · The much-anticipated shuttle bus service between Roanoke and Lynchburg will begin running on Tuesday, July 19. · Rides on the first day will be free. · More information will be announced at a press conference today at 4 p.m. on the steps in front of the Municipal Building. Virginia Mountain Peach Festival to be held on Friday and Saturday, August 5 and 6 in Elmwood Park. Effects of Federal Debt Ceilinq on Citv of Roanoke. Much has been in the news about the need to raise the Federal debt ceiling, and the direct impact if there is no agreement in Congress by August 2. This situation could affect local governments like Roanoke if the Federal Government chooses not to pay its bills and provide funding. The Director of Finance is prepared to say a few words about this matter. 1 690 The Director of Finance pointed out that the City of Roanoke currently has an AA Credit rating, but credit ratings assigned by Moody's, Fitch, and Standard and Poor could be affected by the federal financial crisis. She stated that because of the City's urban status, it relied on HUD funding as well as other programs provided by the Federal Government. She further stated that she felt the impact on Roanoke in the short term would be minimal and over the next four to five months decision making with regard to bond issuance could be revised. 1 In response to a comment with regard to deterrence of crime, the City Manager stated that the City has experienced some high profile crimes that have impacted the perception of public safety, but the overall crime rate has been down 26 percent over the past five years. He commented that the City has a technology sawy Police Department that is in touch with the neighborhoods and very progressive in terms of partnering with other departments to look at crime as a multifaceted issue. He felt that the new drug market initiative would make a tremendous impact, but for a City the size and demographic of Roanoke the crime rate is relatively low. At this point, Council Member Rosen left the meeting. (3:14 p.m.) DIRECTOR OF FINANCE: CITY EMPLOYEES-COMPENSATION: The Director of Finance submitted a 1 written report recommending approval to make the irrevocable election to be deemed a non-participating employer of the Line of Duty Fund, acknowledging all responsibility for all current and future claims incurred by eligible employees and administrative fees as invoiced by the State Comptroller. (For full text, see report on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#39166-071811) A RESOLUTION confirming the City of Roanoke's irrevocable election not to participate in the Commonwealth of Virginia's Line of Duty Act Fund. (For full text of resolution, see Resolution Book No. 75, page 53.) Council Member Price moved the adoption of Resolution No. 39166-071811. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen and Vice-Mayor Trinkle were absent.) 1 1 1 1 691 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. (For full text, see reports on file in the City Clerk's Office.) Elder Lea offered the following budget ordinance: "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; and dispensing with the second reading by title." The City Attorney advised that inasmuch as Council Member Rosen had left the meeting and only four members of Council were present; all ordinances hereinafter must be adopted on its first reading omitting the "dispensing with the second reading by title of this ordinance" verbiage and laid over for adoption on second reading at the August 1 Council meeting. Elder Lea having amended his motion, offered the following budget ordinance on its first reading: (#39167) 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. Elder Lea moved the adoption of Budget Ordinance No. 39167. The motion was seconded by Council Member Ferris and adopted on its first reading by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen and Vice-Mayor Trinkle were absent.) SCHOOLS-BUDGET: The Roanoke City School Board submitted a written report requesting appropriation of funds for capital projects; and the Director of Finance submitted a written report recommending that Council concur in the request. (For full text, see reports on file in the City Clerk's Office.) 692 Elder Lea offered the following budget ordinance: (#39168) 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 on file in the City Clerk's Office.) Elder Lea moved the adoption of Budget Ordinance No. 39168. The motion was seconded by Council Member Price and adopted on its first reading by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen Vice-Mayor Trinkle were absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-GRANTS-HOMELAND SECURITY: Ordinance No. 39152, on second reading, appropriating funds for the FY 2010 State Homeland Security Program Grant from Virginia Department of Emergency Management to be used by the Fire/EMS Department for HAZMAT Team equipment and training, having previously been before the Council for its first reading, read and laid over, was again before the body, Elder Lea offered the following for its second reading and final adoption: (#39152-071811) AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of Hazardous Material Team equipment and training, amending and reordaining certain sections of the 2011-2012 Grant Fund Appropriations. (For full text of ordinance, see Ordinance Book No. 75, page 43.) 1 1 1 1 1 1 693 Elder Lea moved the adoption of Budget Ordinance No. 39152-071811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen and Vice-Mayor Trinkle were absent.) BUDGET-GRANTS-YOUTH: Ordinance No. 39154, on second reading, appropriating funds from the Virginia Department of Health to provide for the nutritional needs of children and youth during the summer months through a Parks and Recreation supervised Summer Nutrition Program, having previously been before the Council for its first reading, read and laid over, was again before the body, Elder Lea offered the following for its second reading and final adoption: (#39154-071811) 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 43.) Elder Lea moved the adoption of Budget Ordinance No. 39154-071811. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen and Vice-Mayor Trinkle were absent.) LEGISLATION-GUNS-CITY CODE: Ordinance No. 39157, on second reading, with regard to an amendment of Section 21-81, Discharge of air aun. a ravel shooter, pneumatic gun. etc., Code of the City of Roanoke (1979), as amended, to prohibit the City of Roanoke from enforcing an ordinance that prohibits the shooting of pneumatic guns on private property, with permission of the owner of the property, if reasonable care is taken to prevent a projectile from crossing the bounds of the property, effective July 1, 2011, having previously been before the Council for its first reading, read and laid over, was again before the body, Council Member Ferris offered the following for its second reading and final adoption: 694 (#39157-071811) AN ORDINANCE amending and reordaining Section 21-81, 1 Discharqe of air gun, qravel shooter, pneumatic qun, etc., of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended. (For full text of ordinance, see Ordinance Book No. 75, page 44.) Council Member Ferris moved the adoption of Budget Ordinance No. 39157- 071811. The motion was seconded by Elder Lea and adopted by the following vote: AYES: Council Members Lea, Price, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Bestpitch and Rosen and Vice-Mayor Trinkle were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. At 3:25 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in 1 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 Mayor David A. Bowers presiding. PRESENT: Council Members Sherman P. Lea, Court G. Rosen, Raphael E. Ferris, and Mayor David A. Bowers-4. ABSENT: Council Members Anita J. Price, William D. Bestpitch and Vice-Mayor David B. Trinkle-3. 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 T. Webb, Assistant Deputy City Clerk. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 1 1 1 1 695 PRESENTATIONS AND ACKNOWLEDGMENTS: DECEASED PERSONS: Elder Lea offered the following resolution memorializing the late Sabra A. Bonds Bratton, longtime employee of the City of Roanoke: (#39169-071811) A RESOLUTION memorializing the late Sabra Ann Bonds Bratton, beloved employee of the City of Roanoke. (For full text of resolution, see Resolution Book No. 75, page 55.) Elder Lea moved the adoption of Resolution No. 39169-071811. The motion was seconded by Council Member Rosen adopted by the following vote: AYES: Council Members Lea, Rosen, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Price, Bestpitch and Vice-Mayor Trinkle were absent.) The Mayor presented a ceremonial copy of Resolution No. 39169-071811 to Kelvin "K.C." Bratton, and the Council expressed condolences to the Bratton family stating that Ms. Bratton was a star of Roanoke who was committed to her family and the well-being of the citizens of Roanoke. PUBLIC HEARINGS: TAX EXEMPTION-NEW HORIZONS HEAL THCARE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, July 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, approving the request of Kuumba Community Health & Wellness Center, Inc., d/b/a New Horizons Healthcare for designation of its personal property, located at 4910 Valley View Boulevard, N. W., Suite 310, Roanoke, Virginia, to be exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 8, 2011. (See publisher's affidavit on file in the City Clerk's Office.) 696 The City Manager submitted a written report recommending authorization of 1 Kuumba Community Health and Wellness Center, Inc.'s, exemption from personal property taxation pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective January 1, 2012. (For full text, see report on file in the City Clerk's Office.) Elder Lea offered the following ordinance: "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; and dispensing with the second reading by title of this ordinance." (For full text of ordinance, see Ordinance on file in the City Clerk's Office.) The City Attorney reiterated that inasmuch as only four members of Council were present, all ordinances hereinafter would be on first reading omitting the "dispensing with the second reading by title of this ordinance" verbiage and would have to be adopted on second reading at the August 1 Council meeting. Elder Lea amended his motion offering the following ordinance: 1 (#39170) 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. Elder Lea moved the adoption of Ordinance No. 39170. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present that 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, Ordinance No. 39170 was adopted on its first reading by the following vote: AYES: Council Members Lea, Rosen, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Price, Bestpitch and Vice-Mayor Trinkle were absent.) 1 1 1 1 697 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Earl Slusser to permanently vacate, discontinue and close an approximately 33' wide, 127' long portion of unimproved right-of-way on Wilson Street, adjoining 1201 Penrod Avenue, S. E., bearing Official Tax No. 4131001, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 1 and Friday, July 8, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the vacation request, subject to certain conditions, and that the conveyance of the property be at no charge to the applicant. (For full text, see report on file in the City Clerk's Office.) Elder Lea offered the following ordinance: (#39171) 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 on file in the City Clerk's Office.) Elder Lea moved the adoption of Ordinance No. 39171. The motion was seconded by Council Member Rosen. The Mayor inquired if there were persons present that 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, Ordinance No. 39171 was adopted on its first reading by the following vote: AYES: Council Members Lea, Rosen, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Price, Bestpitch and Vice-Mayor Trinkle were absent.) 698 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, 1 April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 18, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Terry Wayne Cundiff and Valerie S. Eagle and Piedmont Property, LLC, that property located at 445 Elm Ave., S. W. and 435 Elm Ave., S. W., bearing Official Tax Map Nos. 1020113 and 1020114, be rezoned from RM-1 Residential Mixed Density District to CN, Commercial-Neighborhood District, for such office, service, retail, assembly, entertainment, public, institutional and community uses as are permitted in the CN, Commercial-Neighborhood District. The proposed general usage of the property is residential and professional office. The comprehensive plan designates the property for village center use, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, July 1 and Friday, July 8, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report recommending approval of the rezoning request, finding the application to rezone the subject pr.operty to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Old Southwest Neighborhood Plan. Rezoning will allow an established business to continue as a permitted use and implements appropriate zoning consistent with the Future Land Use 1 Map of the Old Southwest Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#39172) 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. (For full text of ordinance, see Ordinance on file in the City Clerk's Office.) Council Member Rosen moved the adoption of Ordinance No. 39172. The motion was seconded by Council Member Ferris. The mayor inquired if there were persons present that wished to speak on the matter, there being none, he declared the public hearing closed. 1 1 1 1 699 There being no questions and/or comments by the Council, Ordinance No. 39172 was adopted on its first reading by the following vote: AYES: Council Members Lea, Rosen, Ferris, and Mayor Bowers-4. NAYS: None-O. (Council Members Price, Bestpitch and Vice-Mayor Trinkle 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, July 18, 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 conditions 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.1 dated May 23, 2011. 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, July 1 and Friday, July 8, 2011. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission submitted a written report advising that the motion for approval failed. The Commission found that the proposed site layout and front building facades are not consistent with the design principles set forth in the City's Comprehensive Plan and the Garden City Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) 700 Mayor Bowers referenced a communication from the petitioner requesting that I the matter be remanded back to the City Planning Commission for further review and consideration. (See communication on file in the City Clerk's Office.) Council Member Rosen advised that he would abstain from the vote inasmuch as his wife was employed by the law firm in connection with the matter; whereupon, the City Attorney advised that since the vote would be to remand the matter, Council Member Rosen could cast his vote because only four members of Council were present. The Mayor inquired if there were persons present who wished to speak on the matter; whereupon, Jason Mogensen withdrew his request to speak before the Council, advising that he would defer his comments until the matter was again before the Council. There being no other speakers present to be heard on the matter, the Mayor declared the public hearing closed. Council Member Ferris moved to remand the matter back to the City Planning Commission, without the introduction of the ordinance, for further review and I consideration. The motion was seconded by Elder Lea and adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, the Mayor declared the meeting adjourned at 7:23 p.m. APPROVED onathan E. aft Deputy City Clerk &1~~~ Mayor I I I I 701 PERSONNEL COMMITTEE - ROANOKE CITY COUNCIL July 18, 2011 12:00 Noon A special meeting of the City Council Personnel Committee was called to order on Monday, July 18, 2011, at 12:00 Noon, in the City Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., with Chairman Anita J. Price presiding. PRESENT: Committee Members Mayor David A. Bowers, Rafael E. Ferris (arrived late), Sherman P. Lea, Court G. Rosen, and Chairman Anita J. Price-5. ABSENT: Committee Member William D. Bestpitch and Vice-Mayor David B. Trinkle-2. Chairman Price declared the existence of a quorum. OFFICERS PRESENT: Stephanie M. Moon, City Clerk. COUNCIL: Elder Member Lea moved that the Personnel Committee convene in a Closed Meeting to discuss a personnel matter, being the annual performance evaluations of the City Clerk, City Manager and City Attorney, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mayor Bowers and adopted by the following vote: AYES: Committee Members Mayor Bowers, Lea, Rosen, and Chairman Price-4. NAYS: None-O. (Committee Member Bestpitch and Vice-Mayor Trinkle were absent.) (Committee Member Ferris was not present when the vote was recorded.) At 12:08 p.m., the Personnel Committee convened in Closed Meeting. At 12:23 p.m., Committee Member Ferris entered the meeting. At 12:43 p.m., the meeting was declared in recess to be reconvened immediately following the regular session of the Roanoke City Council at 2:00 p.m., in the Council Chamber. 702 At 3:30 p.m., the Personnel Committee met in a Closed Meeting for continuation I of annual performance evaluations, Chairman Price presiding and all Members of the Committee in attendance, with the exception of Committee Member Bestpitch and Vice-Mayor Trinkle. At 6:07 p.m., the Personnel Committee reconvened in open session, Chairman Price presiding, with all Members of the Committee in attendance, with the exception of Committee Member Bestpitch and Vice-Mayor Trinkle. COUNCIL: With respect to the Closed Meeting just concluded, Elder Member Lea moved that each Member of the Personnel Committee 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 Personnel Committee. The motion was seconded by Mayor Bowers and adopted by the following vote: AYES: Committee Members Mayor Bowers, Ferris, Lea, Rosen, and Chairman Price-5. NAYS: None-O. (Committee Member Bestpitch and Vice-Mayor Trinkle were absent.) I There being no further business, the Chairman declared the special meeting adjourned at 6:08 p.m. APPROVED ATTEST: ~n,. ~ Stephanie M. Moon, MMC City Clerk ~J:~ ~~r;"an I