City Council

497 ROANOKE CITY COUNCIL-REGULAR SESSION May 18, 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, May 18, 2015, 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, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 39982-070714 adopted by the Council on Monday, July 7, 2014, with Mayor David A. Bowers presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen (arrived late), David B. Trinkle, and Mayor David A. Bowers-7. 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 Cecelia T. Webb, Assistant Deputy 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 David A. Bowers. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Limame Barbouchi from Morocco and Yomna Karoui from Tunisia visiting from North Africa; and Amy Hatheway, Co-Vice President for Planning and Resource Development, Total Action for Progress. ACTS OF ACKNOWLEDGMENT: Virginia Delegate Sam Rasoul presented the Mayor with a Resolution from the General Assembly in recognition of the 100thAnniversary of the Municipal North (Old Roanoke City Courthouse). HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. 498 James Lynch, 503 Rutherford Avenue, N. W., appeared before the Council and thanked the Police Department and City Council for supporting the youth athletic initiative; and he announced that two summer basketball leagues and the Twin Hoops Summer Camp will begin soon. George Riles, 1925 Andrews Road, N. W., appeared before the Council and again expressed concern with the Youth Athletic Council guidelines, recalling Inner City being the oldest athletic organization in the City of Roanoke. Margie Lucas, 2259 Sewell Lane, S. W., representing the Mill Mountain Garden Club, appeared before the Council to announce a new campaign entitled "Scoop the Poop," an ongoing process to educate the public as to pet waste in waterways. She noted that the Garden Club of Virginia awarded the Club over $5,000.00 to create additional pet waste stations and interpretive signage on the Mill Mountain Greenway. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and spoke about change and prosperity for young people. Martin Jeffrey, 421 Fairfax Avenue, N. W., appeared before the Council and thanked Susan Jennings, Arts and Culture Coordinator, for her efforts with the Public Art Program; and appreciation to Chris Perkins, Chief of Police, for the police body cameras. He concluded that the routes of Valley Metro buses needed to be extended to serve more citizens 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. The Mayor called attention to two requests for Closed Meeting and a request from the Director of Finance for public hearing. CITY COUNCIL: A communication from the Mayor requesting that the Council convene in a Closed Meeting to discuss appointments of three School Trustees to serve on the Roanoke City School Board, for three-year terms, each, commencing July 1, 2015 and ending June 30, 2018, 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.)  499 Council Member Ferris moved that the Council concur in the request of the Mayor as above described. 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-0. (Council Member Rosen was not present when vote was recorded.) BONDS-CAPITAL IMPROVEMENT PROGRAM: A communication from the Director of Finance requesting that Council schedule a public hearing for Monday, June 15, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the issuance of General Obligation Bonds, not to exceed $27 million, for qualifying Capital Improvement Projects, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the request of the Director of Finance as above described. 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-0. (Council Member Rosen was not present when vote was recorded.) AUDIT COMMITTEE: Minutes of the Audit Committee held on Wednesday, April 15, 2015, was before the body. (See Minutes on file in the City Clerk's Office.) Council Member Ferris moved that the minutes of the Audit Committee be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) 500 TAXES: A report from the City Attorney regarding personal property tax exemption for disabled veterans, was before the Council. (See copy of report on file in the City Clerk's Office.) Council Member Ferris moved that the report be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) CITY CODE-ANIMALS AND FOWL: A communication from the City Manager with regard to the regulation of roosters within the City, was before the Council. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the communication be received and filed. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: ...... AYES: Bowers-6. Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor '. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) OATHS OF OFFICE-BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS-PARKS AND RECREATION ADVISORY BOARD: Report of qualifications of Edward Garner as a Citizen City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a term ending December 31, 2016; and Gordie L. Zeigler as a member of the Parks and Recreation Advisory Board for a three- year term of office ending March 31, 2017, were before the Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.)  501 Council Member Ferris 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 Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) CITY-OWNED PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 120 Church Avenue, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Ferris moved that the Council concur in the request of the City Manager as above described. 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-0. (Council Member Rosen was not present when vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: Daniel D. Miles, Chief Executive Officer, Roanoke Valley Resource Authority, appeared before the Council and presented its proposed 2015 - 2016 Annual Budget. (For full text, see copies of the report and proposed FY 2015 - 2016 Budget on file in the City Clerk's Office.) 502 Mr. Miles advised that the proposed budget represented a $22,971.00 increase for the upcoming year and pointed out that the tipping fee increased to $48.00 per ton which equated to ten cents per household, per month for each City resident, but still projected an annual decrease of $100,000.00 in the amount of revenue from the City to the Resource Authority in the amount of waste brought to the transfer station. Vice-Mayor Trinkle offered the following resolution: (#40234-051815) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2015 - 2016, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 77, page 484.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40234-051815. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) PUBLIC ART-VALLEY METRO: Melanie Almeder, Associate Professor of . . Creative Writing and Literature, Roanoke College, appeared before the Council to share information with regard to the Art by Bus Writing Program. (See copy of presentation on file in the City Clerk's Office.) Ms. Almeder thanked Ride Solutions, The Roanoke Arts Commission and Valley Metro for the opportunity to be included in the Arts by Bus initiative. She pointed out that she rode on a public bus and wrote poems about the happenings on the bus ride. She recited a poem titled "Vernacular Number One, The Necessary Invocation." Vice-Mayor Trinkle commended Ms. Almeder, the Arts Commission and Valley Metro on the collaborative effort in putting art front and center for the citizens and community. Council Member Bestpitch commended all involved in the installation of the art along the Artwalk at the Bullitt Avenue between S. Jefferson Street and Williamson Road, S. W. He was pleased with the sculpture that used wood from the expired oak tree, which was removed during the renovations at Elmwood Park.  503 Mayor Bowers concurred in the comments about the Artwalk and commended Ms. Jennings and the Arts Commission for their efforts. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: 2013 Community Carbon Emissions and Energy Summary Dr. Sean McGinnis, Director, Virginia Tech's Green Engineering Program, shared with the Council the results of the 2013 Community Carbon Emissions and Energy Summary. He explained that the presentation highlighted the 2013 data and the data for 2014 and 2015 by the Virginia Department of Transportation was delayed. He highlighted the following information: "'"'"~ 11 · ;1 : Roanoke GHG Emissions - Scale of Reduction •' 1 i!f; fK1AN01(1 City of Roanoke Electricity Usage 1!!"1111 R(V..N(H,f • Ctn•t>nlw>Usr r.•l.\ t•mi'>'>IOn~ .trt' mL•;-nun•d u~mg ttubon d10x1dP a~ thP n.•ferP.nc~ !hough thP!>IJ erm\.,IOno; lf•dude olht'!'r golSI'S ~lloll r.oM67.6f.£ .Ul,?Sl,007 Ccmmf."'u<'d 6)(,,3r.o,11H 6ll,l&1,'l'it I. ... • 10%Carbon OIO~ttde Rl.'ducuon '230,000ton'i • City uf Ro.mokeo- 4r~.ooo houo:.~;>holds tnchtwiJt 4S1,1Wl,011 4_,1.842,823 ~~-~ • l ton pt>r hotJ'>L•hold ~vmg~ ·~ ".\11ve o Ton~ Rt't,~onal Cilmpolign !~nCO~ He advised that carbon dioxide was the gas used for reference and the 10 percent reduction equaled 230,000 tons and divided by the 45,000 households in the City of Roanoke, requiring every household to save one ton of emissions. '""':! City of Roanoke Natural Gas Usage l:!'j City of Roanoke VDOT Transportation Analysi--.:;,;; =~ I .. :T HMii1i I Mfiiiil0l • Whllemm of the roadll'dks 1n the 1 ·"'"'~'·'' 1!1%7.1'}1 1<.1,2.U,86'i _ 1lt;&1,.lm tl.JB,.l6ti C"ityofRoartoiltln~the ! .~-~---·- .. ---~.-11:..~-·--·- lS 11S,Sl0 ttiatlo«!~of!S'tiihb".....a.n ' r..u~.~ .....oo.o..~ •uaz 6411 ~ut~,;'.,.an;!:::*~'s I ~--::":::-:::·=~=±---:-::!~ ---· --··-····· ···-·--· . - ----~-caw~•­ _, RCIUMb Oty Road Mttes a., ............ PDlJI I~IP'I-, 504 He further advised that in terms of roads traveled within the Roanoke City limits, approximately 88 percent were secondary and primary roads actually carried more traffic including trucks. -;'.j City of Roanoke Community GHG Emissions :#!':"~ City of Roanoke Community GHG Emissions l!!"'e ROA.N~F -·C------· llollnnq City CACP Cat bon (nllnhm~ By ft!').lflo.b tltyCACI> CuOOu Cmiulow. ev Sffim(l'OU) Soutte {20U) • Mumrlpol d~ta .\UII to be CUR1pi~ but 2'012: armlysi~ .!ohowed 15% dtt('rca!.t" and more than $575,000 """"&' Conclusions --Q HUANOIU • 2013 analy<>is ind1cates il decre<J'>e in Community greenhous(' &<"'> cmis~ions of 9.41!11. Thf.' C•ty •~ currtontly on track to meet its. City Council Resolution t.ugPt'> at thE' t>nd of 2014. • Munie~pal emissions are even lower and based on 2012 data will meet the higher goal for City Governmt>nt. • These GHG reduttions also correspond to s•gnff1crmt econom•c Sdvings from decreased fuel usage und reduced environmental ,md health effects related to a1r and water qual1ty. • Sustainabihty requires continued leadership and inttiat1ves m order to improve the env~ronmental, health, and economics of the City for the future As such, it is recommended that C1ty Count:!! should pass another resolutton with a new target for the nelCt s years (See presentation on file in the City Clerk's Office.) Discussion: Mayor Bowers inquired if the 12 percent reduction was from the last report or since 2009; whereupon, Dr. McGinnis replied that it was a 12 percent reduction from the baseline of 2005 when overall measurements began. The City Manager thanked Dr. McGinnis for his efforts and recognized Ken Cronin, Director of General Services, and Nell Boyle, Sustainability Outreach Coordinator, who worked closely with the departments. Mayor Bowers thanked Dr. McGinnis for the presentation and advised that the briefing would be received and filed.  505 ITEMS RECOMMENDED FOR ACTION: HUMAN SERVICES-BUDGET-GRANTS: The City Manager submitted a written communication recommending acceptance and appropriation of funds from the Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition to maintain existing services for Temporary Assistance to Needy Families (TANF) population. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following resolution: (#40235-051815) A RESOLUTION authorizing the acceptance of an Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VOSS); 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 departments of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County; 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. 77, page 484.) Council Member Price moved the adoption of Resolution No. 40235-051815. 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-0. (Council Member Rosen was not present when vote was recorded.) Council Member Price offered the following budget ordinance: (#40236-051815) AN ORDINANCE to appropriate funding from the Federal Government through the Commonwealth of Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 485.) 506 Council Member Price moved the adoption of Budget Ordinance No. 40236- 051815. 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-0. (Council Member Rosen was not present when vote was recorded.) EQUIPMENT-BUDGET-POLICE-GRANTS: The City Manager submitted a written communication recommending appropriation of funds in the connection with the Federal Asset Forfeiture Sharing Program and the Department of Treasury Federal Asset Sharing Program, in order to replace equipment in the Police Department. (For full text, see communication on file in the City Clerk's Office.) Council Member Bestpitch offered the following budget ordinance: (#40237-051815) AN ORDINANCE to appropriate funding from 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 2014 - 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 486.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40237- 051815. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) EQUIPMENT-BUDGET-POLICE-GRANTS: The City Manager submitted a written communication recommending appropriation of funds in connection with the State Asset Forfeiture Sharing Program in order to acquire new and replacement equipment in the Police Department. (For full text, see communication on file in the City Clerk's Office.)  507 Council Member Bestpitch offered the following budget ordinance: (#40238-051815) AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2014- 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 487.) Council Member Bestpitch moved the adoption of Budget Ordinance No. 40238- 051815. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) EQUIPMENT-BUDGET-FLEET MANAGEMENT: The City Manager submitted a written communication recommending appropriation of Fleet Management Retained Earnings in connection with the completion of alternative fuel initiatives at the Public Works Service Center. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following budget ordinance: (#40239-051815) AN ORDINANCE to appropriate funding from the Fleet Management Fund Retained Earnings to Capital Improvements for the installation of propane autogas fuel infrastructure, amending and reordaining certain sections of the 2014-2015 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 488.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40239-051815. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) 508 CITY CODE-PENSION PLAN: The City Manager submitted a written communication recommending amendment of the City Code in connection with retirement benefits for Roanoke City employees, effective July 1, 2015. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40240-051815) AN ORDINANCE amending and reordaining Section 22.3-27, Contributions and member's contribution account, Article IV, Contributions, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3-42, ESRS definitions, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3-43, Normal service retirement, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3-44, Early service retirement allowance, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3-45, Vested allowance, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3-76, Member Elections, Article XIII, Member Elections and Hybrid Program, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; providing for effective dates; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 489.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40240-051815. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) BUDGET-EQUIPMENT-PARKING GARAGES: The City Manager submitted a written communication authorizing execution of Amendment No. 2 to the contract between the City of Roanoke and ThyssenKrupp for elevator/escalator maintenance and repair. (For full text, see communication on file in the City Clerk's Office.)  509 Vice-Mayor Trinkle offered the following resolution: (#40241-051815) A RESOLUTION authorizing the City Manager's issuance and execution of an additional Amendment to the City's Contract with ThyssenKrupp Elevator Corporation ("ThyssenKrupp") for additional professional services for repairs to the Elmwood Park Parking Garage elevator; and authorizing the City Manager to take certain other actions in connection with such Amendment. (For full text of resolution, see Resolution Book No. 77, page 494.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40241-051815. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded.) COMMENTS BY THE CITY MANAGER. The City Manager shared the following comments: Carilion Clinic Children's Hospital Playground • Grand opening was held on Friday, May 15, in Elmwood Park to officially welcome citizens to the playground, which has a Peter Pan narrative. • First themed playground constructed in a Roanoke city park. • Features include: o Captain Hook's ship with a rope bridge spanning to the Peter Pan and the Lost Boys' treehouse. o Historically designed treasure maps that highlight several of Roanoke's local amenities. o A sponge-like, rubberized surface that adds fall resistance and mimics the colors of the sea, beach and forest. o An expansive and custom crocodile head that breaks through the blue, ocean-like surface. • Special thanks to Roanoke Parks and Recreation staff for all the great work done for the playground. • Kudos to the Library staff for planning Peter Pan-related activities in conjunction with the grand opening - face painting, balloon animals, children's theater, and more. 510 Leadership College Reception & Graduation • On May 18, a catered reception will be held in the Municipal Building Lobby from 6:15p.m. to 6:45p.m. Council is invited to attend and greet the graduates. • Awarding of certificates will be done during 7:00 p.m. Council meeting. Festivals and Activities Continue • Local Colors event was held on Saturday, May 16. • Several Neighborhood Month events occurred over the weekend. Coming soon: Festival in the Park • May 22 - 24, Friday through Sunday, in Elmwood Park. • Information on specific events and performances available at www.roanokefestival.com. Police to Conduct Community Walk • DMI Community Walk in the Melrose area. • Wednesday, May 27, at 6:00p.m. • Walk will begin at Fire Station #2 (1920 Orange Avenue, N. W.). • The two respective neighborhood groups -Melrose/Loudon and Melrose/Rugby will participate. • The focus of this walk will be to identify problems in the specific areas such as trash, abandoned properties, graffiti removal, and any other issues that need to be addressed to enhance the quality of life for the community. City departments have been invited to participate in the walk as well. Food Co-Op Recognized • The National Co-op Grocers recently recognized Roanoke Natural Foods Co- op's, downtown co-op grocery store as one of the fastest growing in the nation. o News of this success comes as the downtown co-op celebrates its second anniversary on the Historic City Market in Downtown Roanoke. In the first quarter of 2015, sales growth averaged 35 percent for the downtown co-op, which operates out of the first floor of Center in the Square CITY ATTORNEY: CAPITAL IMPROVEMENT PROGRAM: The City Attorney submitted a written communication recommending correction of scrivener's error in Resolution No. 40228- 051115. (For full text, see communication on file in the City Clerk's Office.)  511 Council Member Price offered the following resolution: (#40242-051815) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by City Council Agenda Report dated May 11, 2015. (For full text of resolution, see Resolution Book No. 77 page 495.) Council Member Price moved the adoption of Resolution No. 40242-051815. 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-0. (Council Member Rosen was not present when vote was recorded.) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: Council Member Ferris invited the public to attend the Annual Lebanese Festival on May 29- 31, 2015, from 11:00 a.m. to 8:00p.m., at St. Elias Church. At 3:14p.m., the Council meeting was declared in recess for a Closed Meeting in the Council's Conference Room, Room 451, Fourth Floor, Noel C. Taylor Municipal Building. (Council Member Rosen entered during the Closed Meeting. (3:28p.m.). At 4:24 p.m., the Council meeting reconvened in the Council Chamber, with Mayor Bowers presiding and all Members of Council in attendance. 512 OATHS OF OFFICE-ROANOKE CITY SCHOOL BOARD: The Mayor called attention to the upcoming expiration of the three-year terms of office of Mae G. Huff, Todd A. Putney and Richard M. "Dick" Willis as Trustees of the Roanoke City School Board ending June 30, 2015. Inasmuch as Ms. Huff and Mr. Putney having served three consecutive terms of office, each, they were not eligible for reappointment; whereupon, Mayor Bowers opened the floor for nominations. Vice-Mayor Trinkle placed in nomination the names of Richard M. "Dick" Willis, Jr., Laura Day Rottenborn and Mark K. Cathey. There being no further nominations, Richard M. "Dick" Willis was reappointed and Laura Day Rottenborn and Mark K. Cathey were appointed as Trustees of the Roanoke City School Board for three-year terms of office, each, commencing July 1, 2015 and ending June 30, 2018, by the following vote: FOR MESSRS. WILLIS AND CATHEY AND MS. ROTTENBORN: Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-?. The City Attorney was instructed to prepare a resolution for adoption at the 7:00 p.m. session appointing the abovementioned Trustees. CITY 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 Price and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-?. NAYS: None-0. At 4:28 p.m., Mayor Bowers declared the Council meeting in recess to be reconvened at 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, fourth floor, Noel C. Taylor Municipal Building, with Mayor David A. Bowers presiding.  513 PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-?. 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 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. ROANOKE CITY SCHOOL BOARD: Vice-Mayor Trinkle offered the following resolution appointing three School Board Trustees on the Roanoke City School Board for three-year terms of office, commencing July 1, 2015 and ending June 30, 2018: (#40243-051815) A RESOLUTION appointing Mark K. Cathey, Laura Day Rottenborn, and Richard M. "Dick" Willis, Jr., as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2015, and ending June 30, 2018. (For full text of resolution, see Resolution Book No. 76, page 496.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40243-051815. 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-?. NAYS: None-0. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized the Patrick Henry High School Forensic Team. ACTS OF ACKNOWLEDGEMENT-LEADERSHIP COLLEGE: The Mayor recognized the graduates of the Leadership College and presented each with a Certificate of Appreciation. 514 He mentioned that a reception was held in the Main Lobby on the Second Floor of the Noel C. Taylor Municipal Building in honor of the graduates. 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 18, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Shakers Restaurant Corporation to rezone property located at 1909 Valley View Boulevard, N. W., from CG, Commercial General, to CLS, Commercial Large Site, subject to certain proffered conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 28, 2015 and Tuesday, May 5, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the overall goals of the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the subject property will be redeveloped for an active use in a manner compatible with the surrounding area, as amended. ,, ""' (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40244-051815) AN ORDINANCE to rezone certain property located at 1909 Valley View Boulevard, N. W., from CG, Commercial-General District, to CLS, Commercial-Large Site District, 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. 77, page 497.) Council Member Bestpitch moved the adoption of Ordinance No. 40244-051815. 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.  515 There being no questions and/or comments by the Council Members, Ordinance No. 40244-051815 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. 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 18, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the Western Virginia Water Authority and Carilion Clinic Properties, LLC, to rezone three portions of property located at 2012 Jefferson Street, S. E., bearing Official Tax Map No. 4060502; a 2.0379 acre portion of property from ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District; a 0.2518 acre portion of the property in the northwest corner adjoining Jefferson Street, S. E., from ROS, Recreation Open Space, to IN, Institutional District; and a 0.4453 acre portion of the property in the northwest corner adjoining Jefferson Street, S. E., from ROS, Recreation Open Space, to 1-2, Heavy Industrial District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 28, 2015 and Tuesday, May 5, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the rezoning request, finding that the Amended Application No. 3 for rezoning from ROS (Recreation and Open Space District) to INPUD (Institutional Planned Unit Development District), IN (Institutional District), and 1-2 (Heavy Industrial District) is consistent with the overall goals of the City's Comprehensive Plan and Zoning Ordinance, as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Rosen offered the following ordinance: (#40245-051815) 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 located at 2012 Jefferson Street, S. E.; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 498.) 516 Council Member Rosen moved the adoption of Ordinance No. 40245-051815. The motion was seconded by Council Members Ferris and Lea. Due to having a personal interest in the above-mentioned rezoning matter, Vice- Mayor Trinkle advised he would refrain from participating in any discussions; and read the following statement for the record: "STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item B.2., regarding the request to rezone portions of property owned by the Western Virginia Water Authority, situated at 2012 Jefferson Street, S. E., bearing Official Tax Map No. 4060502, because my employer, Carilion Clinic, is affiliated with Carilion Clinic Properties, LLC, the entity that has an agreement to acquire a portion of this property. My only interest with Carilion Clinics is an employment interest. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 18th day of May, 2015. S/David B. Trinkle David B. Trinkle Vice-Mayor and Member of Council (See copy of Statement of Conflict of Interest on file in the City Clerk's Office.) Maryellen F. Goodlatte, Esquire; Curtis Mills, Senior Vice-President for Facility Services, Carilion Clinic; and Gary Robertson, Executive Director, Water Operations, Western Virginia Water, appeared before the Council in support of the request. The Mayor inquired if there were persons present who wished to speak on the matter. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and voiced concerns about the traffic in the area and encouraged the use of a roundabout. There being no additional speakers, the Mayor declared the public hearing closed.  517 There being no questions and/or comments by the Council Members, Ordinance No. 40245-051815 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle abstained from the vote.) 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 18, 2015, at 7:00p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke to vacate and release the public's right to use said portion of real property located at 2012 Jefferson Street, S. E., designated as Official Tax Map No. 4060502, known as Crystal Spring Park, owned by the Western Virginia Water Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 28, 2015 and Tuesday, May 5, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending approval of the vacation and release request, finding that the application for vacation of Crystal Spring Park located between Roanoke Memorial Hospital and the Western Virginia Water Authority Crystal Spring water treatment facility is a reasonable request, as amended. (For full text, see report on file in the City Clerk's Office.) Council Member Bestpitch offered the following ordinance: (#40246-051815) AN ORDINANCE vacating Crystal Spring Park as a public park for recreational and open space uses and releasing the public's right to use Crystal Spring Park; authorizing the City Manager to execute documents and to take any and all actions necessary to effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 500.) Council Member Bestpitch moved the adoption of Ordinance No. 40246-051815. The motion was seconded by Council Member Rosen. 518 Having a personal interest in the above-mentioned matter, Vice-Mayor Trinkle advised he would refrain from participating in any discussions; and read the following statement for the record: "STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item B.3., regarding the request to vacate and release the public's right to use Crystal Spring Park located on property owned by the Western Virginia Water Authority, situated at 2012 Jefferson Street, S. E., bearing Official Tax Map No. 4060502, because my employer, Carilion Clinic, is affiliated with Carilion Clinic Properties, LLC, the entity that has an agreement to acquire a portion of this property from the Western Virginia Water Authority. My only interest with Carilion Clinics is an employment interest. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 18th day of May, 2015. S/Oavid B. Trinkle David B. Trinkle Vice-Mayor and Member of Council" (See copy of Statement of Conflict of Interest on file in the City Clerk's Office.) Maryellen F. Goodlatte, Esquire; Curtis Mills, Senior Vice-President for Facility Services, Carilion Clinic; Gary Robertson, Executive Director, Water Operations; and Mike McEvoy, Executive Director, Wastewater Operations, Western Virginia Water Authority, appeared before the Council in support of the request. The Mayor inquired if there were persons present who wished to speak on the matter. Barbara Duerk, 2607 Rosalind Avenue, S. W., appeared before the Council and inquired if the tennis courts could be relocated to another site for citizen use and if the Water Authority trucks at the entrance of the neighborhood could be relocated as well. There being no additional speakers, the Mayor declared the public hearing closed. The City Attorney advised that the Ordinance was revised to correct the date of the public hearing, which was incorrectly listed as April 20, 2015 instead of May 18, 2015.  519 R. Brian Townsend, Assistant City Manager for Community Development, provided background information, stating that in 2004 the City transferred its rights for the Crystal Springs facility to the Western Virginia Water Authority, but retained the rights to the tennis courts. He further advised that although the City disposed of the water feature, the rights that were transferred in 2004 must be vacated and Carilion has paid $250,000.00 to replace the six tennis courts. There being no questions and/or comments by the Council Members, Ordinance No. 40246-051815 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle abstained from the vote.) WESTERN VIRGINIA WATER AUTHORITY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 18, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, to receive citizen comments with regard to Botetourt County becoming a member locality with the Western Virginia Water Authority, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 16, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Attorney submitted a written report recommending approval of the reorganization and expansion of the Western Virginia Water Authority ("Authority) by providing that Botetourt County, Virginia, join the Authority; and execute a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joinder, following comments from citizens and other interested parties regarding the proposed joinder of Botetourt County to the Authority. (For full text, see report on file in the City Clerk's Office.) 520 Council Member Lea offered the following resolution: (#40247-051815) A RESOLUTION approving the reorganization and expansion of the Western Virginia Water Authority ("Authority") by providing that Botetourt County, Virginia, join the Authority; approving and authorizing the execution of a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joinder; and authorizing the appropriate public officials to take any actions and execute any documents necessary to accomplish such matters, all in accordance with Virginia Code Section 15.2-5112. (For full text of resolution, see Resolution Book No. 77, page 502.) Council Member Lea moved the adoption of Resolution No. 40247-051815. The motion was seconded by Council Member Bestpitch. The City Attorney explained that the advertisement in the newspaper identified the City of Roanoke representatives of the Water Authority as Marc Fink, John P. Bradshaw, Jr., and Harvey Brookins; and if the reorganization ordinance was adopted, Roanoke City would be required to appoint three members to the newly constituted Water Authority, being John P. Bradshaw Jr., Harvey Brookins and Wayne Bowers who will replace Marc Fink. He further explained that if the matter did not proceed, Mr. Fink's current term would expire on June 30, 2015, and an appointment to extend his term .. ,. under the currently structured Water Authority would come before the Council at a future Council meeting. Council Member Bestpitch inquired if the City residency requirement for Mr. Brookins had to be waived upon reappointment; whereupon, the City Attorney replied in the affirmative. Mike McEvoy, Executive Director, Wastewater Operations, Western Virginia Water Authority, appeared before the Council and advised that under the proposal, nine employees from Botetourt County would be employed with the Authority, adding the Botetourt County utilities were worth approximately $19 million, encompassing 1,200 water customers and 25 sewer customers; and as part of the joinder agreement, Botetourt County provides $1.2 million in cash for system improvements with the Botetourt County customers paying a higher water rate for a period of five years. Council Member Ferris commented that the joinder was a great example of regional cooperation. Following additional dialogue regarding the boundaries of the Botetourt County utilities, Gary Robertson, Executive Director, Water Operations, Western Virginia Water, appeared before the Council and commented that a distribution system interconnecting the Roanoke area and Smith Mountain Lake was coming soon with only a six mile gap separating those areas.  521 In response to inquiry from the Mayor with regard to the City's involvement in discussions regarding water supply, the City Manager confirmed the City's involvement in the discussions. 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 additional questions and/or comments by the Council, Resolution No. 40247-051815 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-7. NAYS: None-0. At this point, Council Member Rosen left the meeting (8:38p.m.) CITY PROPERTY-TAXES: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, May 18, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Child Health Investment Partnership (commonly known as CHIP), for designation of its real property located at 1215 3rd Street, S. W., known as Official Tax Map No. 1023008, as exempt from taxation, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, May 11, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report recommending adoption of an ordinance to authorize the Child Health Investment Partnership's exemption from real property taxation, pursuant to Article X, Section 6(a)6 of the Constitution of Virginia, effective July 1, 2015. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40248-051815) AN ORDINANCE exempting from real estate property taxation certain property located at 1215 3rd Street, S.W., Roanoke, Virginia, and depicted as Official Tax Map No. 1023008, owned by Child Health Investment Partnership (commonly known as CHIP) (hereinafter "the Applicant"), 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 of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 509.) 522 Vice-Mayor Trinkle moved the adoption of Ordinance No. 40248-051815. The motion was seconded by Council Member Price. The Mayor inquired if there were persons present who wished to speak on the matter. There being none, he declared the public hearing closed. There being no questions and/or comments by the Council Members, Ordinance No. 40248-051815 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Trinkle, and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was not present when vote was recorded). HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that City Council sets this time as a priority for citizens to be heard. All matters would be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Jeff Artis, 1420 Rorer Avenue, S. W., appeared before the Council and announced the Juneteenth Festival to be held on June 13, 2015, at Washington Park, from 12:00 p.m. to 3:00 p.m. with a gospel concert from 3:00 p.m. to 6:00 p.m. He advised that inasmuch as he has been named the new Assistant Principal of Patrick Henry High School, this would be his last year as Chair of the Festival and thanked the Council for their continued support of the event. Several Members of the Council congratulated Mr. Artis on his new position as Assistant Principal. Carrie Poff, 2473 Highland Road, S. E., representing the Riverdale Farm Neighborhood Association, appeared before the Council and presented the Vision of Southeast Roanoke, noting that the cottages would be wonderful vacation rentals for out of town guests, visiting the Carilion Roanoke Memorial Hospital or sports complex and asked for Council's support in transforming the neighborhood. The Mayor referred the matter to the City Manager for review and report back to the Council. Jim Thompson, 1328 Chapman Avenue, S. W., appeared before the Council and expressed concern about a nuisance rooster located in his neighborhood, noting that the rooster crowed all day and at night as early as 2:00 a.m. He inquired as to what could be done about the rooster.  523 David Hess, 509 141h Street, S. W., appeared before the Council expressed concern about a nuisance rooster, noting that the chicken coop faced his property. He asked if an ordinance could be adopted to address the rooster issue. Council Member Ferris asked for clarity on the options with regard to the complaint against the inconsiderate neighbor with the rooster. The City Attorney explained that to change the City Code would be an involved process; however the first option is to call the police while witnessing the misdemeanor taking place, file for a warrant with the Magistrate and be subpoenaed to appear in court or pursue a civil nuisance action, which requires the hiring of an attorney. He noted that although Police Chief Perkins was empathetic, he had not received any complaints, but would take any complaints on the matter seriously. There being no further business to come before the Council, Mayor Bowers declared the Council meeting adjourned at 9:19 p.m. APPROVED Cecelia T. Webb, CMC 9 David A. Bowers Assistant Deputy City Clerk Mayor