City Council

37 ROANOKE CITY COUNCIL-REGULAR SESSION August 17, 2015 2:00p.m. The Council of the City of Roanoke met in regular session on Monday, August 17, 2015, at 2:00p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 40280-070615 adopted by the Council on Monday, July 6, 2015. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, and Mayor David A. Bowers-6. ABSENT: Vice-Mayor David B. Trinkle-1. The Mayor declared the existence of a quorum. OFFICERS PRESENT: Christopher P. Morrill, City Manager; Daniel J. Callaghan, City Attorney; Barbara A. Dameron, Director of Finance; and Stephanie M. Moon Reynolds, City Clerk. The Invocation was delivered by The Reverend M. Sylvia Ball, Pastor, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. The Mayor announced the 2015 State of the City Address would be held on Thursday, September 3 at 7:30a.m., at the Taubman Museum of Art. Mayor Bowers introduced Evita Wong, President, Kimberly Phillips, Travis Zonker, David Martin, members of the Virginia Western Community College Circle K Club, a club sponsored by the Kiwanis Club. 38 PRESENTATIONS AND ACKNOWLEDGMENTS : ACTS OF ACKNOWLEDGMENT-FINANCE: Mayor Bowers announced that the Comprehensive Annual Financial Reports (CAFR) for the fiscal year ended June 30, 2014 for both the City of Roanoke and the Pension Plan , have received Certificates of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA); and the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting; and its attainment represents a significant accomplishment by a government and its management. The Mayor recognized the Director of Finance and Pension staff on their achievements; and presented Certificates to the Finance staff. HEARING OF CITIZENS UPON PUBLIC MATIERS: 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. Bernadette Brown, 2125 Andrews Road , N. W., Roanoke, Virginia 24017 appeared before the Council and shared concerns about discrimination in the Roanoke City Schools. Ms. Brown was advised that the Council did not have jurisdiction and could not take any action regarding the matter. It was suggested that Ms. Brown follow-up with the Roanoke City School Board. Robert Gravely, 3360 Hershberger Road , N. W., Roanoke, Virginia 24017 appeared before the Council and again spoke about the unfairness by the City administration regarding the termination of his 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 additional request for a Closed Meeting by the City Attorney, in conjunction with two requests for Closed Meeting by the City Manager. MINUTES: Minutes of the regular meetings of Council held on Monday, February 2, 2015, and Tuesday, February 17, 2015, were before the body. (See copy of minutes on file in the City Clerk's Office.)  39 Council Member Rosen moved that the reading of the minutes be dispensed with and approved as recorded . The motion was seconded by Council Member Price and adopted by the following vote: A YES : Council Members Bestpitch, Ferris, Lea , Price, Rosen , and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) CITY-OWNED PROPERTY-SALE OF PROPERTY: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss the disposition of City-owned property located in the Coyner Springs area of Botetourt County, bearing Parcel ID Nos. 108(9)18 and 108(9)1A, where discussion in an open meeting would adversely affect the bargaining or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that the Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6 . NAYS: None-0. (Vice-Mayor Trinkle was absent.) CITY-OWNED PROPERTY-SALE OF PROPERTY: A communication from the City Manager requesting that the Council convene in a Closed Meeting to discuss the disposition of City-owned property located at 502 191h Street, S. E., where discussion in an open meeting would adversely affect the bargaining 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.) 40 Council Member Rosen moved that the Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) HUMAN SERVICES ADVISORY BOARD: A communication from the City Clerk advising of vacancies on the Human Services Advisory Board created by the unexcused absences of LaJuan Thomas for a term of office ending November 30, 2016; and Victoria M. Cox for a term of office ending November 30, 2018, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that the communication be received and filed. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) ANNUAL REPORTS-FINANCE BOARD: Annual Report of the City of Roanoke Finance Board (OPEB) for Fiscal Year ending June 30, 2015, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Rosen moved that the Annual Report be received and filed. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.)  41 ANNUAL REPORTS-DEFINED CONTRIBUTION BOARD: Annual Report of the Defined Contribution Board for Fiscal Year ending June 30, 2015, was before the Council. (See Annual Report on file in the City Clerk's Office.) Council Member Rosen moved that the Annual Report be received and filed. The motion was seconded by Council Member Price and adopted by the following vote AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION-YOUTH SERVICES CITIZEN BOARD: Reports of qualification of the following individuals were before the Council: Barbara A. Dameron as the Director of Finance of the City of Roanoke, effective July 1, 2015; Judy W. Jackson as a member of the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2018; and Kenai Hunt (Student/Alternate), Ashleigh Lowery (Student), Malik Morris (Student), and Quentin Long (Student/Alternate) for one-year terms of office, each, commencing July 1, 2015 and ending June 30, 2016, as members of the Youth Services Citizen Board. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Council Member Rosen moved that the reports of qualification be received and filed. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) 42 CITY ATTORNEY: A written communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel pertaining to actual litigation, where discussion in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(?), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Council Member Rosen moved that the Council concur in the request of the City Attorney as above described. The motion was seconded by Council Member Price and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) REGULAR AGENDA PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM WITNESS PRORAM: A communication from the Commonwealth's Attorney recommending acceptance of the Victim/Witness Program Grant; and a communication from the City Manager concurring in the recommendation. (See copy of communications on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40315-081715) A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 77, page 640.)  43 Council Member Ferris moved the adoption of Resolution No. 40315-081715. The motion was seconded by Council Member Price and adopted by the following vote: AYES : Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) Council Member Ferris offered the following budget ordinance: (#40316-081715) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program 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 641.) Council Member Ferris moved the adoption of Budget Ordinance No. 40316- 081715. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: GRANTS-URBAN FORESTRY-BUDGET: The City Manager submitted a written communication recommending acceptance of the Fiscal Year 2016 Urban and Community Forestry Grant from the Virginia Department of Forestry; and execution of a Memorandum of Agreement. (For full text, see communication on file in the City Clerk's Office.) 44 Council Member Rosen offered the following resolution: (#40317-081715) A RESOLUTION accepting a FY 2016 Urban and Community Forestry Grant to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required documents in connection therewith, upon certain terms and conditions. (For full text of resolution, see Resolution Book No. 77, page 642.) Council Member Rosen moved the adoption of Resolution No. 40317-081715. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) Council Member Rosen offered the following budget ordinance: (#40318-081715) AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2015 - 2016 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 642.) Council Member Rosen moved the adoption of Budget Ordinance No. 40318- 081715. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) ART: The City Manager submitted a written communication recommending approval of the Public Art Action Plan for Fiscal Year 2016. (For full text, see communication on file in the City Clerk's Office.)  45 Council Member Price offered the following resolution: (#40319-081715) A RESOLUTION approving a Public Art Action Plan for FY2016. (For full text of resolution, see Resolution Book No. 77, page 643.) Council Member Price moved the adoption of Resolution No. 40319-081715. The motion was seconded by Council Member Rosen. Susan Jennings, Arts and Culture Coordinator, reported that the Public Art Site Plan was adopted by the Council on April 2, 2007, and that at the July 21, 2015 meeting of the Roanoke Arts Commission, the Commissioners voted on and approved the Public Art Action Plan and an estimated budget for public art projects for FY2016. She insinuated that the purpose of this report is to submit the recommendations of the Arts Commission to City Council for approval. Ms. Jennings highlighted the Public Art Work Plan for FY2016 as follows: ()verview • The Roanoke Arts Commission (RAC) approved these ROANOKE projects at their monthly meeting on July 21 ,2015. • TI1e major project for FY 2016will be to place an Public Art Work under the 581 bridge that connects downtown to southeast Roanoke. • Several smaller projects will be produced in partnership with other organizations. Plan • Tile RAC Continues to add works to the regional collection each year. • The RAC has ongoing mainrenance responsibilities FY 2016 following the Conservation Study completed in 2012. 46 Ten Speed by Charles Art on the Bus Goolsby • The RAC will again partner with Ride Solutions and Valley Metro to place works from the collection on city buses. • We will hire a writer or artist to ride the buses and create work from their experience. • Budget: $4,000 from Percent for Art Funds Meander by Marcia McDade Little Free Libraries • Partners in this project include Neighborhood Services, Parks and Recreation and Roanoke City libraries. • Six boxes have been donated by The Roanoke Times. • Artists will be hired to enhance them. • At least one will be placed in each quadrant of the city. • The RAC will partner with neighborhood organizations and others to monitor them. • More info at Littlefreel i braries.org • Budget: $5,000 from Percent for Art Funds Littlefreelibrary.org  47 roject Donated Boxes Gateway to Southeast Purchase Regional Art Roanoke Art Project • In FY 2014 gaps in theregional collection were identified and • Art will be placed under the I 581 overpass a policy was established to guide the RAC in purchasing regional art at Tazewell Ave. • Three p!eces were added to the reg1onal coUection 10 FY 2014 • The artist will work with Belmont and four pieces 1n FY 201 s • Budger SS,OOO 10 Percent for Art Funds Neighborhood Association and S.E. Action • four works by Afncan Amencan Foil: ArtiSt Davn:l Ramey Forum to capture the spirit and character of were purchased 1 f the neighborhood. in FY 2015 • Budget $16,000 in Percent for Art Funds 48 Location Photos The Roanoke A1ts Stn1unary Conunission • Total 1n Percent for Art Account Approximately S119,000 Thank you for your support of the • FY 2016 Expenses Public Art Program Art on the Bus $4,000 Little Free Ltbranes SS,OOO Purchase Reg1onal Alt SS,OOO Gateway to Southeast s16,000 Questions? • Total FY 2016 Expenses $30,000 • RAC strives to keep a mimmum of SSO,OOO 1n the account for collecOon maintenance purposes (See copy of the PowerPoint presentation on file in the City Clerk's Office.) Council Member Bestpitch commented on the replication of art pieces on Valley Metro buses, and then asked about the little free libraries, specifically whereby anyone could take books and donate them to one of boxes once they are set up; whereupon, Ms. Jennings responded in the affirmative, and elaborated that a box has already been set up at 16 West, with a sign that says "Take a book. Bring a book back." She continued that the Arts Commission intends to partner with neighborhood organizations and others to monitor the boxes.  49 There being no additional remarks about the Plan, Resolution No. 40319-081715 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 was absent.) EASEMENTS-PURCHASE OF PROPERTY: The City Manager submitted a written communication recommending acquisition of real property rights for Gatewood Avenue/McVitty Road, S. W., Stormwater Drainage Improvement Project. (For full text, see communication on file in the City Clerk's Office.) _ Council Member Bestpitch offered the following ordinance: (#40320-081715) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Gatewood/McVitty Stormwater Improvement Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 644.) Council Member Bestpitch moved the adoption of Ordinance No. 40320-081715. The motion was seconded by Council Member Ferris and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) EASEMENT-PURCHASE OF PROPERTY: The City Manager submitted a written communication recommending authorization to acquire various real property rights in connection with the King Street, N. E., Improvement Project. (For full text, see communication on file in the City Clerk's Office.) 50 Council Member Bestpitch offered the following ordinance: (#40321-081715) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the King Street Improvements Project ("Project"); authorizing the successful design-build bidder to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title . (For full text of ordinance, see Ordinance Book No. 77, page 645.) Council Member Bestpitch moved the adoption of Ordinance No. 40321-081715. The motion was seconded by Council Member Ferris; Chris Craft, President, Wildwood Civic League, appeared before the Council in support of the project. There being no other speakers or comments by the Council, Ordinance No. 40321-081715 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 was absent.) COMMENTS BY THE CITY MANAGER. The City Manager shared the following comments: The Roanoke Valley Alleghany Regional Summit on Housing and Resources • Wednesday, August 12, from 8:30 a.m. to 3:30 p.m. at the Salem Civic Center. • Sponsored by the Cities of Roanoke and Salem, Roanoke County, Trust, VHDA and Bowman Systems. • The Summit brought together more than 130 participants representing local governments, public housing authorities, businesses and service providers. • Localities that participated included the Cities of Roanoke, Salem and Covington and the Counties of Roanoke, Alleghany. Participants also attended from Harrisonburg, Lynchburg, Charlottesville, Richmond and the New River Valley.  51 • Speakers: o Mark Horvath nationally recognized marketing consultant and founder of Invisible People, laid the foundation for the day by discussing the importance of the work we do to end homelessness. o Alan Thornton, CEO of the Rescue Mission Alliance, Syracuse, New York addressed the alignment of Continuum of Care and Rescue Missions across the nation. • The Summit provided a great platform to collaborate, network and share ideas to improve and create housing choices for low income individuals and those experiencing homelessness in both urban and rural communities. • The event also included a panel, whose members presented in the areas of public housing authorities, the Governor's Coordinating Council, and the Richmond Field Office of Housing and Urban Development. • Next Steps: The Interagency Council leadership will meet to discuss additional means to keep the momentum. We realize that communication is a key strategy to ensuring that the community at large is aware of initiatives towards ending homelessness. Our goal is to continue to emphasize our aim: Telephone Survey • The Virginia Tech Center for Survey Research will conduct a telephone survey of citizens in the City of Roanoke beginning this week and continuing over the next several weeks. • The survey will include telephone interviews with approximately 600 adult residents of the city, and it is anticipated that results will be compiled by late fall. It will focus primarily on satisfaction with the quality of services and customer service in general. This survey will also ask citizens to rate the importance of various services. • The survey is being coordinated by the Department of Management and Budget. • The last citizen survey was conducted in 2013. Delivery of Single Stream Recycling Carts • The distribution of the 96-gallon Hawaii Blue single stream recycling carts will begin this week. • Solid Waste Management employees will be working with our cart manufacturer, Toter, to distribute these carts to some 40,000 homes, over the next six weeks. The plan calls for deliveries to take place Monday through Saturday, 8:00 a.m. to 5:00p.m., beginning in the southwest quadrant, followed by southeast, northeast, and northwest. 52 CITY ATTORNEY: WESTERN VIRGINIA WORKFORE DEVELOPMENT BOARD: The City Attorney submitted a written report recommending that the City Manager be authorized to execute a Fiscal Agent Agreement, by and among Workforce Investment Area Ill Chief Local Elected Officials Consortium , Western Virginia Workforce Development Board, Inc., City of Roanoke, Virginia , and Roanoke Valley-Alleghany Regional Commission. (For full text, see report on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40322-081715) A RESOLUTION authorizing the City Manager to execute the Fiscal Agent Agreement dated August 17, 2015, by and among Workforce Investment Area Ill Chief Local Elected Officials Consortium (Consortium), Western Virginia Workforce Development Board, Inc. (WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke Valley-Alleghany Regional Commission (Commission) (Agreement); and authorizing execution of such other documents and performance of any other actions deemed necessary to effectuate, deliver, administer, and enforce the Agreement. (For full text of resolution , see Resolution Book No. 77, page 646.) Council Member Ferris moved the adoption of Resolution No. 40322-081715. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) CITY CODE-TAXES: The City Attorney submitted a written report recommending amendment of the City Code to establish the interest rate charged for all years of delinquent taxes at ten percent in order to be consistent with applicable provisions of the Virginia State Code. (For full text, see report on file in the City Clerk's Office.)  53 Council Member Lea offered the following ordinance: (#40323-081715) AN ORDINANCE amending Section 32-6, Interest rate on delinquent taxes, Article I, In General; Section 32-19, Penalty and interest on delinquencies-Generally, Division 1, Generally, Article II, Real Estate Taxes Generally, and Section 32-106, Penalties and interest on delinquencies-Generally, Article Ill, Tax on Tangible Personal Property Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended , establishing the interest rate charged for all years of delinquent taxes at ten percent ( 10%) per annum consistent with applicable provisions 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 647.) Council Member Lea moved the adoption of Ordinance No. 40323-081715. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) LICENSES-BROADBAND: The City Attorney submitted a written communication recommending authorization to execute a Non-exclusive, Revocable, License Agreement with the Roanoke Valley Broadband Authority for the use of certain parcels of City-owned property for construction, installation, and maintenance of a fiber optic communications network for enhanced broadband internet service. (For full text, see communication on file in the City Clerk's Office.) Council Member Lea offered the following ordinance: (#40324-081715) AN ORDINANCE authorizing the City Manager to execute a nonexclusive and revocable license agreement ("License Agreement") with the Roanoke Valley Broadband Authority ("Authority"), for the purpose of granting the Authority a license and right of access across portions of several City owned properties and public rights of way in order to install fiber optic cables on such properties and in such public rights of way, in connection with the construction of the Authority's broadband internet network ("Network"), a portion of which Network will be located within the City of Roanoke, 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. 77, page 650.) 54 Council Member Lea moved the adoption of Ordinance No. 40324-081715. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES : Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) DIRECTOR OF FINANCE: ANNUAL REPORTS-PENSION PLAN: The Director of Finance transmitted copies of the annual reports of the City of Roanoke Pension Plan, Board of Trustees; and the City of Roanoke Pension Investment Committee for Fiscal Year ending June 30, 2015. (See copies of Annual Reports on file in the City Clerk's Office.) Council Member Bestpitch moved that the Annual Reports be received and filed. The motion was seconded by Council Member Rosen and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) PENSIONS-CITY CODE: The Director of Finance submitted a written report recommending revisions of the City Code as to expand the required disclosures to Council relating to any alteration or change to the Pension Plan that impact actuarial accrued liability. (For full text, see report on file in the City Clerk's Office.)  55 Council Member Bestpitch offered the following ordinance: (#40325-081715) AN ORDINANCE amending and reordaining Section 22.3-7, Amendments to chapter and effect on participating employees, Article I, General, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended by adding a new subsection (b); 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 651 .) Council Member Bestpitch moved the adoption of Ordinance No. 40325-081715. The motion was seconded by Council Member Rosen and adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) REPORTS OF COMMITTEES: BUDGET-SCHOOLS: The Roanoke City School Board submitted a 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 Lea offered the following budget ordinance: (#40326-081715) AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 School 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 652.) 56 Council Member Lea moved the adoption of Budget Ordinance No. 40326- 081715. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS : ECONOMIC DEVELOPMENT AUTHORITY: Council Member Bestpitch offered the following resolution reappointing Braxton G. Naff as a Director of the Economic Development Authority of the City of Roanoke for a four-year term of office ending October 20, 2019: (#40327-081715) A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. (For full text of resolution, see Resolution Book No. 77 page 654.) Council Member Bestpitch moved the adoption of Resolution No. 40327-081715. The motion was seconded by Council Member Lea and adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Mayor Bowers-6. NAYS: None-0. (Vice-Mayor Trinkle was absent.)  57 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF CITY COUNCIL: In connection with the Status Report: Affirmative Action and Diversity Update for Calendar Year 2014 dated August 12, 2015, transmitted by the City Manager, Council Member Lea inquired if the report was available for public inspection; whereupon, Sherman M. Stovall, Assistant City Manager for Operations, advised that the report would be available online on the City's webpage at www.roanokeva.gov, by Tuesday, August 18, 2015. Mayor Bowers called attention to the unfortunate assault on a young lady that occurred on the Roanoke River Greenway during the last week, as well as litigation involving a cyclist and a runner on the greenway. He asked the City Manager to address and report back to the Council as he deems appropriate. Council Member Bestpitch spoke about the natural vegetation on the greenway, and a number of areas identified for naturalization, such as Countryside. VACANCIES ON CERTAIN AUTORITIES, BOARDS, COMMISSIONS AND COMMITTEES APPOINTED BY COUNCIL: NONE. At 3:15 p.m., the Council meeting was declared in recess until 7:00 p.m., for a Closed Meeting in the Council's Conference, Room 451, fourth floor, Noel C. Taylor Municipal Building. At 7:00 p.m., the Council meeting reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, with Mayor Bowers presiding. PRESENT: Council Members William D. Bestpitch, Raphael E. Ferris, Sherman P. Lea, Anita J. Price, Court G. Rosen, David B. Trinkle, and Mayor David A. Bowers-?. 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 Mayor David A. Bowers. 58 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 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 Lea and 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 voting inasmuch as he was not in attendance during the Closed Meeting pertaining to the requests of the City Manager.) PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 17, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Rockydale Quarries Corporation to permanently vacate, discontinue and close Old Rocky Mount Road, S. W., from its intersection with Welcome Valley Road, S. W., traveling south an approximate 1,126 feet to its terminus, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, July 28, and Tuesday, August 4, 2015. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission submitted a written report recommending vacation of the right-of-way as requested. Further reporting that the applicants should not be charged for the value of the right-of-way after accounting for past expenses that have been incurred to improve Welcome Valley and Old Rocky Mount Roads, subject to the following proffered conditions: 1. The applicants shall meet all requirements needed for the completion of Comprehensive Development Plan CP080036 and release of the letter of credit with account number ending in "402" pertaining to such plan.  59 2. The applicants shall complete the transactions necessary with Roselawn Realty Investment, LLC, to create the proposed parcels as shown on the preliminary plat dated June 25, 2015, attached to the application dated June 26, 2015. Said transaction(s) will result in Rockydale Quarries Corporation acquiring Official Tax Map Numbers 5370105 and 5370106, and Roselawn Realty Investment, LLC, or its designee, acquiring a portion of Official Tax Map Number 5370102 with frontage on Welcome Valley Road, S. W. 3. Upon completion of the prerequisite items ( 1) and (2) above, the applicants shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of the plat, 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 Jaw, 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. 4. Upon meeting all conditions to the granting of the application, the applicants 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 applicants shall pay such fees and charges as are required by the Clerk to effect such recordation. 5. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicants shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 6. If the above conditions have not been met within a period of two years 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.) 60 Council Member Rosen offered the following ordinance: (#40328-081715) AN ORDINANCE permanently vacating, discontinuing and Old Rocky Mount Road, S. W., from its intersection with Welcome Valley Road, S. W., to its terminus, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. (For full text of ordinance, see Ordinance Book No. 77, page 654.) Council Member Rosen moved the adoption of Ordinance No. 40328-081715. The motion was seconded by Vice-Mayor Trinkle. J . Kenneth Randolph, President, Rockydale Quarries, appeared in support of the vacation of the right-of-way. 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. 40328-081715 was adopted by the following vote: A YES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, Trinkle, and Mayor Bowers-?. NAYS: None-0. EASEMENTS-CITY-OWNED PROPERTY: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, August 18, 2015 at 7:00p.m., or as soon thereafter as the matter may be heard, that he City of Roanoke proposes to vacate an existing access easement to the Roanoke River held by the City across private property situated at 20 Old Woods Avenue, S. E., designated as Roanoke Official Tax Map No. 4030306 (Burdened Parcel), at the request of the owner of the Burdened Parcel, Roanoke River Investments, LLC (RRI), in order for RRI to develop the Burdened Parcel in connection with The Bridges development project. The existing access easement benefits property owned by the City, situated at Walnut Avenue, S. E., and designated as Roanoke Official Tax Map No. 4030306R. In consideration for such vacation, RRI proposes to dedicate a new access easement to the City for the benefit of the City Parcel at a different location across the Burdened Parcel. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 6, 2015. (See publisher's affidavit on file in the City Clerk's Office.)  61 The City Manager submitted a written report recommending execution of the appropriate easement agreement with Roanoke River Investments LLC to vacate an existing access easement and dedication of a new variable width permanent access easement, subject to approval as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40329-081715) AN ORDINANCE authorizing the City Manager to execute the appropriate documents for the vacation of an existing access easement held by the City across private real property owned by Roanoke River Investments, LLC ("RRI"), designated as Roanoke Official Tax Map No. 4030306 ("Property"), in exchange for the dedication of a new non-exclusive variable width access easement to the City across the Property, in connection with RRI's "The Bridges Development Project", 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. 77, page 657.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40329-081715. 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. Mayor Bowers remarked that the abovementioned area was a concern of his and the residents, and inquired if the area was near the Dr. Pepper Park; whereupon, the Assistant City Manager for Community Development answered in the affirmative, and pointed out that the park was at the end of the property, adjacent to Walnut Avenue Bridge. He explained that by deed dated November 6, 2002, the City acquired a variable width access easement across certain property designated as Official Tax Map No. 4030306 from the then owner of the property, Electric Railway Company; and the access easement was acquired by the City in connection with the Roanoke River Flood Reduction Project, which is primarily for access to the flood control berm along this portion of the Roanoke River for the City of Roanoke and Corps of Engineers. Mayor Bowers remarked that he understood in the first phase of the development when City Council approved the development that there was going to be an entertainment venue or park or plaza; however, he did not understand that the venue was going to be so close to his neighborhood at Riverland and Walnut. He was under the impression that there would only be entertainment perhaps one, two, three or more a month; however, now it has become twice a week and the sound vibrates and is heard throughout the neighborhood. 62 The Mayor was in support of the greenway to the pedestrian bridge, but he was not in support of the additional traffic in his neighborhood. Following up on the concern expressed by the Mayor, Council Member Bestpitch called attention to the City's noise ordinance that goes into effect at 10:00 p.m., as it affects the boundaries of residential zoned property, and wondered if there is any limit on the volume on noise prior to 10:00 p.m . Mr. Townsend replied that the ordinance does not require noise to cease at 10:00 p.m., it allows the Police Department to gauge whether the noise emanating at that residential property line is of a level to be a disturbance. He concluded that the noise ordinance is enforceable from 10:00 p.m. - 6:00 p.m. Following additional comments by Members of the Council, Ordinance No. 40329-081715 was adopted by the following vote: AYES: Council Members Bestpitch, Ferris, Lea, Price, Rosen, and Trinkle-6. NAYS: Mayor Bowers-1. 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. Muhandes Salaamallah, 601 Moorman Avenue, N. W., Roanoke, Virginia 24016 appeared before the Council regarding the removal of the bus stop bench at the Kroger and ABC Store at Rutgers Square due to loiters and homeless sleeping on the bench. Inasmuch as the bench was located on private property, the Mayor advised that the City may not be able to intervene. Yet, the matter was referred to the City Manager for response in two weeks. At 7:29 p.m., the Council meeting was declared in recess for a Closed Meeting requested of the City Attorney, in the Council's Conference Room 451, fourth floor, Noel C. Taylor Municipal Building.  63 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, Trinkle, and Mayor Bowers-?. NAYS: None-0. There being no further business, Mayor Bowers declared the Council meeting adjourned at 7:54 p.m. APPROVED ATTEST: ~IF)-~~ Stephanie M. Moon Reynolds, MMC City Clerk