City Council

447 PARKS-EASEMENTS-WESTERN VIRGINIA WATER AUTHORITY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, April 20, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request the City of Roanoke to vacate Crystal Spring Park and to release the public's right to use Crystal Spring Park on a portion of real property owned by the Western Virginia Water Authority located at 2012 Jefferson Street, S. E., designated as Official Tax Map No. 4060502, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, March 31,2015 and Tuesday, April?, 2015. (See publisher's affidavit on file in the City Clerk's Office.) Mayor Bowers advised that inasmuch as the matter was continued by the City Planning Commission until its May 11, 2015 meeting, and City Council having no jurisdiction, no public hearing would be conducted. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. There being no further business to come before the Council, the Mayor declared the meeting in recess at 8:24 p.m., to be reconvened on Thursday, April 23, at 7:00p.m., in the Council Chamber, for the purpose of conducting public hearings on the Recommended Fiscal Year 2015-2016 Budget; HUD Funding; and proposed tax increases on food and beverages; motor vehicles and real estate and a proposed solid waste collection fee. The recessed meeting of Roanoke City Council reconvened on Thursday, April23, 2015 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 Court G. Rosen, David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price and Mayor David A. Bowers-?. ABSENT: None-0. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager, Daniel J. Callaghan, City Attorney, Barbara A. Dameron, Director of Finance, and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by Council Member Sherman P. Lea. 448 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Mayor Bowers announced that the purpose of the recessed meeting was to conduct six public hearings: (1) Recommended Budget for the City for Fiscal Year 2015-2016; (2) Recommended 2015-2016 HUD Funds Budget and Annual Update; (3) Proposed Real Estate Tax Rate Increase; (4) Proposed Vehicle License Tax Rate Increase; (5) Proposed Prepared Food and Beverage Tax Rate Increase; and (6) Establishment and Collection of Fees for the Collection of Solid Waste. He concluded that the Proposed Recommended Budget for FY2015 - 2016 would be adopted at a Recessed Meeting of the Council scheduled for Monday, May 9 at 2:00 p.m., in the Council Chamber; with no further discussion or action to be taken by the Council. BUDGET: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, 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 2015 - 2016 City Budget, in the amount of $277,216,000.00, which include amounts representative of the maximum potential increases for the real property tax ($0.04 increase), Prepared Food and Beverage Tax (2% increase from 5% to 7%), Motor Vehicle License Tax ($13.00 increase) and the implementation of a Solid Waste Collection Fee ($7.00), the matter was before the - body. Legal advertisement of the public hearing was published in The Roanoke Times and The Roanoke Tribune on Thursday, April16, 2015, respectively. (See publishers' affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the proposed budget; whereupon, the following individuals appeared before the Council: Barbara N. Duerk, 2607 Rosalind Avenue, S. W. Susan Culbertson, 1706 Westover Avenue, S. W. (See copy of remarks on file in the City Clerk's Office.) Robert Gravely, 3360 Hershberger Road, N. W. Jessica Johnson, 327 Campbell Avenue, S. W. Joyce Waugh, 210 S. Jefferson Street Dan Cullather, 3002 Rosalind Avenue, S. W. Mark Hostetter, 544 Day Avenue, S. W. Dallas Powell, 501 Bullitt Avenue, S. E. Roger Malouf, 4025 Mudlick Road, S. W. Charles Reynolds, 2734 Massachusetts, N. W.  449 There being no further speakers, the Mayor declared the public hearing closed; and advised that all comments will be received and filed and referred to the City Manager and Budget Study that will be held on Monday, May 4, 2015 at 2:00 p.m., in the Council Chamber. BUDGET-HOUSING-GRANTS: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, 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 City's Recommended 2015-2016 HUD Funds Budget, in the total amount of $2,840, 168.00, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April9, 2015; and The Roanoke Tribune on Thursday, April16, 2015. (See publishers' affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the City's Recommended 2015-2016 HUD Funds Budget; there being none, he declared the public hearing closed, with further action by the Council to be taken on the 2015- 2016 HUD Funds Budget at a recessed meeting on Monday, May 11, 2015, at 2:00p.m., in the Council Chamber. TAXES-BUDGET-CITY CODE: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amending Section 32-16, Levied; Rate, of Division I, Generally, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to increase the City's real estate tax rate on all real property and improvements not otherwise exempt from taxation, from the rate of one dollar and nineteen cents ($1.19) on every one hundred dollars ($1 00.00) of the fair market value of such property, to a rate to be determined by City Council and not to exceed one dollar and twenty-three cents ($1.23) on every one hundred dollars ($1 00.00) of the fair market value of such property; and to increase the City's tax rate on buildings that qualify for the special rate for certain energy-efficient buildings pursuant to Division 9, Tax Rate for Certain Energy-Efficient Buildings, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, from one dollar and seven cents ($1.07) on every one hundred dollars ($1 00.00) of the fair market value of such buildings that qualify for such special rate, to a rate determined by City Council and not to exceed one dollar and eleven cents ($1.11) on every one hundred dollars ($1 00.00) of the fair market value of buildings that qualify for such special rate, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, March 24, 2015; and The Roanoke Tribune on Thursday, April 16, 2015. (See publishers' affidavit on file in the City Clerk's Office.) 450 The Mayor inquired if there were persons present who wished to speak on the proposed real estate tax increase; whereupon, Paul Scott, 1906 Maiden Lane, S. W., appeared before the Council and commented on the tax increase. There being no additional speakers, the Mayor declared the public hearing closed and Mr. Scott's comments being received and filed, and referred to the City Manager and Budget Study that will be held during Budget Study on May 4, 2015 at 9:00a.m., in the Council Chamber. · CITY CODE-BUDGET-MOTOR VEHICLES-TRAFFIC-TAXES: : Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amending Section 20-28, Tax imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended ("City Code"), to increase the applicable vehicle license tax rates on categories of motor vehicles, trailers, and semitrailers operating within the City of Roanoke, as authorized by Section 46.2-752 of the Code of Virginia (1950), as amended, in amounts to be determined by City Council but in no event shall the proposed increase for each category exceed the lesser of (i) a $13.00 increase over the applicable tax rate for such category, or (ii) the maximum applicable tax rate permitted and authorized by state law for such category, effective January 1, 2015, the matter was ._ before the body. Legal advertisement of the public hearing was published in The Roanoke Times (incorrect effective date of July 1, 2015); and The Roanoke Tribune (correct effective date of January 1, 2015) on Thursday, April 16, 2015, respectively. (See publishers' affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons who wish to speak on the proposed vehicle license tax rate increases on categories of motor vehicle, trailers and semitrailers operating within the City of Roanoke; whereupon, there being none, he declared the public hearing closed and that further discussions regarding the matter will be held during Budget Study on May 4, 2015 at 9:00a.m., in the Council Chamber. The City Attorney interjected that the public hearing notice that was published in The Roanoke Times, reflected an incorrect effective date of July 1, 2015, instead· of the correct date of January 1, 2016. Therefore, an additional public hearing has been scheduled for Monday, May 4, 2015 at 2:00p.m., in the Council Chamber.  451 CITY CODE-BUDGET-TAXES-FOOD AND BEVERAGE: Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amending Section 20-28, Tax imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended ("City Code"), to consider amending Section 32-284, Levy of tax; amount, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to increase the tax rate on the purchase of all food and beverages sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery, from the rate of five percent (5%) of the amount paid for such food and beverages, to a rate to be determined by City Council and not to exceed seven percent (7%) of the amount paid for such food and beverages, effective July 1, 2015, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times and The Roanoke Tribune on Thursday, April 16, 2015, respectively. (See publishers' affidavit on file in the City Clerk's Office.) Inasmuch as he has a personal interest in the proposed prepared food and beverage tax, Vice-Mayor Trinkle read the following Disclosure of Personal Interest and Declaration into the record: "Disclosure of Personal Interest and Declaration, pursuant to Section 2.2-3115.H I, David B. Trinkle, state that I have a personal interest in the consideration of an increase in the rate of the tax imposed by the City of Roanoke, pursuant to Section 32- 284, Code of the City of Roanoke (1979), as amended, assessed on prepared food and beverage because I have an ownership interest in two restaurants that operate within the City of Roanoke. Therefore, pursuant to Virginia Code Sections 2.2-3112(A)(2) and 2.2-3115(H), I declare that (i) the transaction involved is a proposed increase in the rate of tax imposed by the City of Roanoke on prepared food and beverage; (ii) my personal interest is my ownership interest in two restaurants that operate with the City of Roanoke; (iii) restaurants that operate within the City of Roanoke may be affected by the proposed increase in the rate of tax on prepared food and beverage; and (iv) I am able to participate in the transaction fairly, objectively, and in the public interest. Pursuant to Virginia Code Section 2.2-3112(A)(2), I may participate in this matter because this proposal affects all restaurants operating within the City of Roanoke; and I have made this declaration. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of the public hearing set for Thursday, April 23, 2015, regarding a proposed increase in the rate of tax on prepared food and beverage. 452 Witness my signature made this 23rct day of April 2015. S/David B. Trinkle David B. Trinkle" (See Disclosure of Personal Interest and Declaration on file in the City Clerk's Office.) The Mayor inquired if there were persons present who wished to speak on the proposed food and beverage increase; whereupon, the following individuals appeared before the Council: Bobby Rich, 1044 Estates Road, S. E. James M. Bullington, 3230 Orchard Hill Road, S. W. Andy Schlosser, 14 Campbell Avenue, S. E. Dan Cullather, 3002 Rosalind Avenue, S. W. Dustin Eshelman, 3017 Hemlock Road, S. W. Bridget Meagher, 105 S. Jefferson Street Eric Dilauro, 3010 Guilford Avenue, S. W. Mike Caudill, 7276 Fox Grape Road (Roanoke County) Roger Malouf, 4025 Mudlick Road, S. W. There being no further speakers, the Mayor declared the public hearing closed; and advised that all comments will be received and filed and referred to the City - h • Manager and Budget Study scheduled for Monday, May 4, 2015 at 2:00 p.m., in the Council Chamber. CITY CODE-BUDGET-TAXES-SOLID WASTE: : Pursuant to the instructions of the Council, the City Clerk having advertised a public hearing for Thursday, April 23, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amending Section 14.1-5, Fees for Collection, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of_Roanoke (1979), as amended, to charge a fee for the removal and disposition of solid waste, at a rate to be determined by City Council but not to exceed seven dollars ($7.00) per month as set forth above, and to provide for the collection of such fee by either the City of Roanoke or by a third party pursuant to a contract with the City; and this proposal will not affect the current fees established and being charged to customers for use of a sealed compactor within a Sealed Compactor Zone within the Central Business District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times and The Roanoke Tribune on Thursday, April 16, 2015, respectively. (See publishers' affidavit on file in the City Clerk's Office.)  453 The Mayor inquired if there were persons present who wished to speak on the proposed solid waste increase; whereupon, the following individuals appeared before the Council: Randolph Gregg, 2523 Jefferson Street, S. W. Barbara N. Duerk, 2607 Rosalind Avenue, S. W. Chris Craft, 1601 East Gate Avenue, N. E. Roger Guiliams, 3615 Springvale Street, S. W. Robert Shelor, 2739 Wilshire Avenue, S. W. Dan Cullather, 3002 Rosalind Avenue, S. W. Martha McNair, P. 0. Box 6290 Roger Malouf, 4025 Mudlick Road, S. W. There being no further speakers, the Mayor declared the public hearing closed; and advised that all comments will be received and filed and referred to the City Manager and Budget Study that is scheduled for Monday, May 4, 2015 at 2:00 p.m., in the Council Chamber. Mayor Bowers referred to a statement from Daniel Hale, Jr., who was unable to attend the public hearing, commented on the proposed solid waste fee. (See statement on file in the City Clerk's Office.) There being no further business to come before the Council, Mayor Bowers declared the recessed meeting adjourned at 8:52 p.m. APPROVED ATTEST: ~·~~ Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor