City Council

485 OATHS OF OFFICE-VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL ADVISORY BOARD: The Mayor called attention to the upcoming expirations of the four- year terms of office of Mark Lawrence and J. Granger Macfarlane as City Representatives of the Virginia Western Community College Local Advisory Board ending June 30, 2015; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Mark Lawrence and J. Granger Macfarlane. There being no further nominations, Messrs. Lawrence and Macfarlane were reappointed as City representatives of the Virginia Western Community College Local Advisory Board for four-year terms of office, each, ending June 30, 2019, by the following vote: FOR MESSRS. LAWRENCE AND MACFARLANE: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. (Council Member Rosen was absent.) OATHS OF OFFICE-ROANOKE CULTRAL ENDOWMENT: Pursuant to the By-laws of the Roanoke Cultural Endowment, the Mayor called attention to the Article I, Directors, Section 2, Number, that two directors shall be appointed by the Council of the City of Roanoke, Virginia, one of which will serve initially a two year term and the second of which will serve initially a three year term, with their successors to be appointed for three year terms; adding that Sherman P. Lea, Jr., was appointed as a City representative to the Endowment at the April 6, 2015 Council meeting for an initial three-term of office; whereupon, he opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the name of Patice Holland. There being no further nominations, Ms. Holland was appointed as an At-large Citizen Representative of the Roanoke Cultural Endowment Board of Directors for a two-year term of office ending December 31, 2017, by the following vote: FOR MS. HOLLAND: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. (Council Member Rosen was absent.) 486 Council Member Bestpitch moved that the City residency requirement for Ms. Holland be waived in this instance. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) CITY 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 Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) There being no further business, the Mayor declared the meeting in recess at 4:36 p.m., until Monday, May 11, 2015, at 2:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, at which time the Council will adopt the City of Roanoke Recommended Fiscal Year 2015 - 2016 Budget. The recessed meeting of Roanoke City Council, was called to order on, Monday, May 11, 2015 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 David B. Trinkle, William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-?. ABSENT: None-0.  487 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. 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 2015-2016 Fiscal Year Budget. BUDGET: The Director of Finance submitted a Certificate of Funding certifying that funds required for the 2015 - 2016 General Fund, Stormwater Utility 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 were available for appropriation. (See Certification on file in the City Clerk's Office.) Without objection by the Council, the Mayor advised that the Certificate of Funding would be received and filed. GARAGES-LIBRARIES-FEE COMPENDIUM: The City Manager submitted a written communication recommending amendment of the City's Fee Compendium for fees charged at the City-owned and/or controlled parking facilities; and certain library rate adjustments. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following resolution: (#40249-051115) A RESOLUTION providing for an amendment of the fees charged at the 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, and Warehouse Row 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, administer, and enforce such fees; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 77, page 446.) 488 Council Member Lea moved the adoption of Resolution No. 40249-051115. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. Council Member Lea offered the following resolution: (#40220-051115) A RESOLUTION amending certain fees as set out below to be charged for after hour use of the community rooms at certain branches of the Roanoke Public Libraries; providing for an effective date; and directing amendment of the Fee Compendium. (For full text of resolution, see Resolution Book No. 77, page 452.) Council Member Lea moved the adoption of Resolution No. 40220-051115. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. Council Member Lea offered the following resolution: (#40221-051115) A RESOLUTION establishing certain fees for the Main Library Reading Porch; directing amendment of the Fee Compendium; and providing for an effective date. (For full text of resolution, see Resolution Book No. 77, page 453.) Council Member Lea moved the adoption of Resolution No. 40221-051115. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0.  489 Council Member Lea offered the following resolution: (#40222-051115) A RESOLUTION establishing certain fees for sending and receiving facsimiles at the Roanoke Public Libraries; directing amendment of the Fee Compendium; and providing for an effective date. (For full text of resolution, see Resolution Book No. 77, page 454.) Council Member Lea moved the adoption of Resolution No. 40222- 051115. The motion was seconded by Council Member Ferris and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. Council Member Lea offered the following resolution: (#40223-051115) A RESOLUTION updating and providing for adjustment of fees charged by the Roanoke Public Libraries for damaged or lost library materials, as set out below; directing amendment of the Fee Compendium; and establishing an effective date. (For full text of resolution, see Resolution Book No. 77, page 455.) Council Member Lea moved the adoption of Resolution No. 40223-051115. 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-?. NAYS: None-0. CITY CODE-TAXES-VEHICLES: The City Manager submitted a written communication recommending amendment of the City Code to increase the motor vehicle license tax on certain vehicles, trailers, and semitrailers operating within the City. (For full text, see communication on file in the City Clerk's Office.) 490 Vice-Mayor Trinkle offered the following ordinance: (#40224-051115) AN ORDINANCE amending Section 20-28, Tax imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to increase the vehicle license tax rate on certain motor vehicles, trailers, and semitrailers operating within the City of Roanoke, as authorized pursuant to Section 46.2-752 of the Code of Virginia (1950) as amended, consistent with the rates and limits authorized by the laws of the Commonwealth of Virginia; 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. 77, page 457.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40224-051115. 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-?. NAYS: None-0. CITY CODE-TAXES-FOOD: The City Manager submitted a written communication recommending amendment of the City Code to increase the tax rate on the tax on prepared food and beverages. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40225-051115) AN ORDINANCE amending Section 32-284, Lew of tax: amount, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to increase the tax rate on the tax on prepared food and beverage from the rate of five percent (5%) to the rate of five and 1/2 percent (5.50 %) 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, as authorized by Section 58.1-3840 of the Code of Virginia(1950), as amended; 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. 77, page 461.) Council Member Bestpitch moved the adoption of Ordinance No. 40225- 051115. The motion was seconded by Council Member Ferris.  491 Vice-Mayor Trinkle reminded the Council that although he is a restaurant owner, he does not believe a personal conflict exists, and therefore he plans to vote on the proposed measure. There being no additional comments by the Council Members, Ordinance No. 40225-05115 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice-Mayor Trinkle-6. NAYS: Mayor Bowers-1. CITY CODE-TAXES: The City Manager submitted a written communication recommending amendment of the City Code to increase the tax rate levied on real property, improvements and the special rate for certain energy-efficient buildings. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40226-051115) AN ORDINANCE 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 (1 979), as amended, to increase the tax rate levied on real property and improvements from the rate of one dollar and nineteen cents ($1.19) on every one hundred dollars ($100.00) of the fair market value of such property, to a rate of one dollar and twenty two cents ($1.22) on every one hundred dollars ($100.00) of the fair market value of such property, and to increase the tax rate levied 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 the rate of one dollar and seven cents ($1.07) on every one hundred dollars ($1 00.00) of the fair market value of such buildings, to the rate of one dollar and ten cents ($1.10) on every one hundred dollars ($1 00.00) of the fair market value on such buildings; providing for an effective date; and dispending with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 462.) Council Member Ferris moved the adoption of Ordinance No.40226-051115. The motion was seconded by Council Member Bestpitch. 492 Mayor Bowers recognized the following citizens who appeared before the Council in opposition of the increase in the real estate tax rate increase: Elaine C. Niemann, 5040 Old Mountain Road, N. W. Dan Cullather, 3002 Rosalind Avenue, S. W. John Brill, 1727 Memorial Avenue, S. W. Sue Brocker, 5214 Woodbury Street, N. W. Dallas Powell, 501 Bullitt Avenue, S. E. Wayne Heine, 4615 Elva Road, N. W. Following lengthy discussion regarding the proposed increase in the real estate tax rate to $1.22 on every 100.00 of the fair market value of real property and improvements; and $1.10 on every $100.00 of the fair market value on buildings that qualify for the special rate for certain energy-efficient buildings, effective July 1, 2015, Ordinance No. 40226-051115 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice-Mayor Trinkle-6. NAYS: Mayor Bowers-1. INSURANCE-GRANTS-BUDGET-TECHOLOGY-EQUIPMENT-STORMWATER- PARKING-CIVIC CENTER-SCHOOLS: Vice Mayor Trinkle offered the following budget ordinance, in connection with the City's allocation for Fiscal Year 2015- 1026: (#40227 -051115) AN ORDINANCE adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2015, and ending June 30, 2016; and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 464.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40227- 051115. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen and Vice-Mayor Trinkle-6. NAYS: Mayor Bowers-1.  493 BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written communication recommending an endorsement of an update to the Five-year Capital Improvement Program for Fiscal Years 2016-2020. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following resolution: (#40228-051115) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter dated May 11, 2015. (For full text of resolution, see Resolution Book No. 77, page 472.) Council Member Bestpitch moved the adoption of Resolution No. 40228-051115. The motion was seconded by Vice-Mayor Trinkle and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. Council Member Bestpitch offered the following budget ordinance: (#40229-051115) AN ORDINANCE to appropriate funding for the FY 2016-2020 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2015-2016 General, Capital Projects, 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. 77, page 472.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40229- 051115. The motion was seconded by Vice- Mayor Trinkle and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. 494 BUDGET-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written communication recommending appropriation of FY 2016 funds for Enterprise Zone. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#40230-051115) AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 473.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40230- 051115. The motion was seconded by Vice-Mayor Trinkle and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. BUDGET-GRANTS-HOUSING: The City Manager submitted a written communication recommending approval of the 2015 - 2019 HUD Consolidated Plan and 2015 Annual Plan; and authorization to submit documentation to HUD for final review. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#40231-051115) A RESOLUTION approving the 2015 - 2019 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Consolidated Plan, and to execute and submit any necessary documents pertaining thereto, to the United States Department of Housing and Urban Development (HUD) for final review and approval; and authorizing the execution of all necessary documents pertaining to such Consolidated Plan. (For full text of resolution, see Resolution Book No. 77, page 474.)  495 Council Member Price moved the adoption of Resolution No. 40231-051115. The motion was seconded by Council Member Rosen and was adopted by the following vote: A YES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. CITY EMPLOYEES-PAY PLAN: Council Member Ferris offered the following ordinance recommending adoption of a Pay Plan for officers, employees and constitutional officers; and salary adjustments/increments, merit increases, and monthly stipends for certain Council-appointed boards and commissions: (#40232-051115) AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2015; providing for certain salary adjustments; authorizing various annual salary supplements for certain officers and employees; 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. 77, page 476.) Council Member Ferris moved the adoption of Ordinance No. 40232-051115. The motion was seconded by Council Member Bestpitch and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. CITY MANAGER-MUNICIPAL AUDITOR-CITY ATTORNEY-CITY CLERK- DIRECTOR OF FINANCE: Council Member Ferris offered the following ordinance approving compensation for Council-Appointed officials and certain compensation benefits for the Director of Finance: (#40233-051115) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2015; establishing and confirming certain compensation benefits for the Director of Finance; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 481.) 496 Council Member Ferris moved the adoption of Ordinance No. 40233-051115. The motion was seconded by Council Member Price and was adopted by the following vote: AYES: Council Members Trinkle, Bestpitch, Ferris, Lea, Price, Rosen and Mayor Bowers-?. NAYS: None-0. There being no further business, the Mayor declared the recessed meeting adjourned at 2:47p.m. APPROVED ATTEST: ~==~:r:M~~ City Clerk G)ClZi--- David A. Bowers Mayor