City Council

64 ROANOKE CITY COUNCIL-REGULAR SESSION September 8, 2015 9:00a.m. The Council of the City of Roanoke met in regular session on Tuesday, September 8, 2015, at 9:00 a.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. 40280-070615 adopted by the Council on Monday, July 6, 2015, with Mayor David A. Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea (arrived late), Anita J. Price, Court G. Rosen (arrived late), David B. Trinkle, William D. Bestpitch, 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. (Council Member Lea and Rosen arrived late.) COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711 (A)(1 ), Code of Virginia (1950), as amended, was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request as abovementioned. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Price, Trinkle, Bestpitch and Mayor Bowers-5. NAYS: None-0. (Council Members Lea and Rosen were not present when vote was recorded .)  65 ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA: NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL: NONE. BRIEFINGS: Police Body Camera Demonstration: Chief Christopher Perkins shared information about the history pertaining to the Police Body Cameras, noting it was anticipated that body cameras for the City of Roanoke would take 36 months to come to fruition in August 2015 when the mission was sped up because of the incidents in Ferguson and certain police issues. Due to such incidents the Police Department put together a team, not only internally, but had a team develop a policy for the City's Body Camera Program that was quite exceptional. He recognized Officer Nicholas Comas, Officer Jasmine Hariston and Adrienne Collins who will be assigned to work with the body camera functions. At this point, Council Member Lea entered the meeting (9:05a.m.) Lieutenant Jeffrey Newman provided an extensive introduction to the body camera plan for the Roanoke Police Department: Body Worn Camera Solution • Tool for M odern Policing • Foc.us on coiled ion and pr~tlon of evtdenc.e for c.ourt purposes. • Chtln ofcultddyand prutrvlltian ofwld.net. • Foc.us on efficiency. • Use fortralnlngandtfme 1wing1. • Foc.us on public and officer ac.c.ountabllity. • 1JH during pubic and offk:.,.tncovnttn. • R•cordJNPOVrAdv.ntage•and Limitltion~}, • Foc.us on public and officer prlvac.y c.onc.erns. • s mlnut• bul'fered pnt· W•nt r1cord memory. • Fows onofflc.er safety. • Pr•·w.nt rKord. • Foc.us on equipment tradc:ing ind ac.c.ountability. • FOBS\'Jt.tmtott'kktqulpment. • Foc.us on dati sec.urity. • Hwdw1r1and SdftwweMcurlbf.  66 What Cameras Are: • Tool for Collecting Evidence. Bodt wocn cameral record tht events bdwetn officers and cltlzens. That recording may havtt.vldtntlaryvalue. Non·evlde.ntlary videos will bt.dt.lded In accordance with policy and law. • Tool for Improving Efficiency. Bod( worn cameras aiiCM' the police. department to create a record rl events, that can aid In dt.ttrmlnlngwhat transpired from a neutral point c1 view (NPOV) • COnrplllilt Aso ..ti>ll. • Post-l~mot Aniltllild llpfOWI'Iilt. • Tool for Creating and Sustaining a Culture of Officer and Public Accountability. • BodywOfn camms htl!tttn public and offlcer accoontablllty. What Cameras Are: What Cameras Aren't: • An Ongoing Expense. • The Only Tool for Collecting Evidence. Bodywom umtriS Ilk• ony tochnology or oqulpmtnt will roquirt • Thtywill not tliminalttht nttdfor tilt polict dtpartmtnt to coolilct rtpoir and roplatemtnt as technology progresses. intervitws in forrnl settings and use. forensic toots to collect tvidtnce. at tht scene of criminal cifwsu. Have significant data storage costs. • Infallible UktonyltcMoiO!If Of t!!Jiprntnl lhty hll\ltflilurts and llmttotioos. • A New Technology, That is Not Well Defined by • Re.me.mbe.r HUMAN BEINGS artwtaringthese in <t(namic, qulck/yt'Yofving the Legislatures or Courts. t.Vt.nts Body worn camera l~islative policy and court decisions relattd to A Complete Record of all Events from all body worn cameras are still in development. Perspectives. Ltgi~otion ptnding on lethnoiogi<ai minimum roquirornonts. Camera footage dots net account for llJman emotions and perceptions. Court decisions on recording circumstanc.es still pending. Camera's do net account for tctions ottnme.ra. Camera's do net replace tht. need rorlnternallnvtstigations. Camera' s do not repla«. the. need to do thorou~ and comp(r.te criminal lnve..stigations. I What Cameras Aren't: • A Replacement for Police Officer Testimony. • Pollee Offic.ers will still n~d to document events: In reports and testify to those events in court. • A Perfect Match to Officer Memory. Camera footage and officer testimony will not match up all of the time. Ort'icen h•e • diffutnt pen.ptctinthan tht camtrK Offlc:.-tt'ltimany 1nd rKO . .ctionafwtnttitlhaptd bywtnttoffcwntn 1r1d tht Immediacy ofthth lttuatlon. Officermtrnaryl ..t •II human memary nnbtllmittd and rtlttlcttd, ttptclally ondtr strtuful drc:I.A'1ntancn. Offlc~ttlln erltlc:al incldtntt mrynot rtmtmbtr sum in~fy impornn t dttallswhtn lntttvitwor initial stltemtou art campllftd tavideo w~enu. "Mtm~JfY and StrtU" Ol'flctrmemoryhptrlshtble. EVtnUtOdiifiwlllnotbtrtmtmbtttdwlttl1c:o'K ao.:curiCf months from now.  67 Cost Perspective Cost Perspective • Personnel directly involved in tire body worn Body Camera Cost (Hardware) camera project are $45,753·98 in data • Software Cost (Software) management costs for FY16. • Data Storage (Data) T~ ptrsonne.l costs do not in dude. a llgtt duty ctflce.rwho has be.~ assisting • Support Infrastructure (Facilities) th< unit. This position will ne.e.dto be. r~ace.d by a civilian Data Evide.nce.Te.ctvlician In • Consumables (DVDs, etc.) fY'7 (Additional FTE, approximately •45.7J3.98l • Personnel (Data Management) • The Police Department will have two 30 TB servers for in car video and body worn camera video. CURRENTTOTAL FY16 INVESTMENT StrvtrspamN/11 nt<d to be lncrtutd In fY11 to accommodat< proJ<ct<d video stcr-a~ re.qulre.m~ts . $221,343·89 • ApprOKimately s~ooo ptrTB. I I Cost Perspective Cost Perspective The Roanoke Police Department has spent $175.s8g.g1on Like any technology, Body Worn Cameras have a Hardware, Software, Facilitiesand Consumables. limited technological longevity and will need to be replaced. Estimated replacement to3'd generationtechnologywill be during FY ~8. Body worn cameras like cellular telephoneswill: • Dtvelop long<r battery life (elimination of ..tern aI battery). • GPS tracktd. • Actlvateautomatically. Transcri~ audio. Become. more. user friendly. Become more. data lnttnsive... Become. more. costly. Legal Process • The Roanoke Police Department will comply with all lawful FOIA requests . The pollee department wUJ provtde 1 ~st estimate and may require 1 deposit on requested Body Worn Camera VIdeo . • Ta lndud• canwmablet: and staff tim•. Video will be released In ac..c.ordanc.e with e:itabllsht:d laws and rules governing the release of evidence upon FOIA request. The Roanoke Police Department will comply with all lawful discovery motions, subpoenas and other legal process by provide the video to the Commonwealth Attorney or relevant parties. Video flies will be m.1de :tvall;sble to theComn-.onwulth Attorney via either disc llf shared drive ac.ces5. 68 Phase I The previous phase of body camera deployment. MUVI body can1eras. (RetirtoJ frllmAtt.NeSt rvloeJ. • Availability I!:!Olles • Survivability Issues. • Recording length lssu~. Project development, Policy, and Request for Information Revievv of multiple BWC produc.t!> • Citizen polic.y development input • Polic.y tnc.lusive of ACLU, PERF, DOJ, Department benchmarking, IACP, DCJS, etc. • City Attorney Office and Commonwealth Attorney Office Phase II Camera Security /S toragejDown load • Most recently completed phase of deployment. CAMERA STORAGE CABINET CAMERA DOCKING STATION • 158Wolfcom Body Cameras and accessories deployed by September 1, 2015. • Each patr(i dficu has an aui~e.d camt.ra. • ElchCRTmtmbuhas anassliJ!tdamm. • Re.maUling carne.rasare.availabte.forsi~ out. Fob System in place for accountability and Data/Tech Room . • Officer Training: Performance Based Testing to develop muscle memory, classroom to cover policy and usage, and continuous review and training development by the Office of Professional Standards Phase Ill Phase Ill • The long term deployment plan. Have applied for federal grant, but grant size is 265Wolfcom Body Cameras and accessories . insignificant in comparison to number of applying agencies and needs. • Each patrol officer will have an assigned camera . Implementation cost of Phase Ill • Each CRT member will have an assigned camera. • ApproximatelySl.oo1 ooo • Each Investigations and ServicesSupportmemberwill have an assigned camera. • Additional cameras to raise complimentto265. • Each animal warden will have an assigned camera . • Additional docking stationsand accessories to support cameras. • Additional cameras will be held in reserve. • Additional PCs to management Data Uploads. • DVDburner t o improve efficiency. • Support Software. • Consumables.  69 Wolfcom • Wolfcom Body Worn Camera • Interesting Features: Only camera currently on the. market to lash 12 hour shift (15tvswlth ..tended battery) when In pre·event record mode Only camera currently on the marke.twith Critical Reconnect Technology for the. point otvle.w came.ra attachmtnt. • 5 minute pre-event record setting . • EachWolfcocn camera is programmed with as minute. pre.·e.vent recording but'ft.r. This buffer aiJCNYs and officer to respond to an Incident and then adill ate their camera (5avlngthe video and audio) back smlnutes. • Point ofView Camera. • A camera mounted on glasse.s,lapel, hat, or e.arthat follcws an oftlctrs fie.ldrlvislon as the. officer mwe.s the.ir he.ad around This allONs less distortion during dynamic mCN~t.nt At this point, Council Member Rosen entered the meeting (9:44a.m.) Wolfcom Camera Point ofView Cameras ONE BUTTON ON FRONT & TRAINING ONE BUTTON ON TOP Button on Front (V). Triggers active recording including 5 minute buffer. Button on Top Activa tes4 bright LED lights. Wolfcom Data Security Wolfcom Data Security • 1oPinUSB • Requires specialized cord to allow body worn tam era to conned to mobile data devite or desktop computtt • Wolfcom Evidence Management Software. • Wolfc.om c.ameras will not be: recognized unless someone Is using the evidence management software. Only 4 computers at the pollee department hove the evidence management software. Those c.omputers are pasS"Nord protec.ted Individual Passwords for each earner a. • Eoch camera can be setup with Individual password linked to that specific camera, preventing unauthorized deletion or downloading of data or unapproved configuration changes. 70 Wolfcom Data Security • Offi cers Cannot • Manipulate data once it is recorded by their body worn camera. • The c.amera doe~ not have any buttons or displays. Offic.ers c.annot delete or VIM video on the body worn camera Itself. • Camet'll cannot be accessed by a d~ktop computer or mobile data device without extensive preparat ion and efforts to bypass security requirement s. • Each video Ale Is saved c.oded to that that ~ec.lfic. camera. Eac.h c.amera Is linked to a spedflc. otfic~. The server spate Is backed up nightly. • A META data file Is saved with each video showing that the video wa s not altered or c.hanged. • All downloads are done by the Tet.hnofogy Unit . (See copy on file in the City Clerk's Office.) Discussion: In response to question posed by Council Member Lea posed questioned as to the length of time data is retained , whereupon, Chief Perkins implied that the legal requirement was for 15 days; however, his department will hold it for 45 days for non-evidentiary items; and evidentiary items will be held according to a court of law, such as evidence for capital crimes is stored for a year and that will be stored. He prefaced his comments by denoting that some changes based on recommendations from the Commission to change the Library of Virginia Records Retention Schedule when it comes to body camera footage may occur, but that has yet to be determined. Council Member Bestpitch still not completely clear on exactly how and who decides whether something is kept or not in terms of an investigation since there appears to be a lot of situations where it could be somewhat of a gray area; and asked how are such decisions are determined and who makes them; whereupon, Chief Perkins expounded on his previous comments, stating currently the policy allows the Department, for non-evidentiary items, to be kept for 45 days, then afterwards, it has to be approved with by a police captain either to approve to delete or retain, and evidentiary items follow the letter of the law and within governance as to how we keep those. Following extensive in-depth discussion regarding the subject matter, Chief Perkins agreed to follow up with a report to the Council within six months - one year. There being no additional comments by the Council, the Mayor expressed appreciation to all participants and acknowledged that the presentation would be received and filed.  71 At 10:32 a.m ., the Mayor declared the Informal Session in recess for commencement of the Legislative Committee meeting, with Council Member Ray E. Ferris, Chair, presiding. At 12:04 p.m., the Informal Session of the Council reconvened, Mayor Bowers presiding and all Members of the Council in attendance. Transportation Projects VDOT HB2: Mark Jamison, Manager, Streets and Traffic, highlighted information pertaining to VDOT HB2: Relevant Bills • HB 2 • Directed the CTB to implement a process to identify and select projects for funding • HB 1887 • State of Good Repair Program (45%) • High-Priority Projects Program (27.5%, HB2) • Construction District Grant Program (27.5%, HB 2) • Localities only HB 2 Screening Process • Corridors of Statewide Significance • I- 81, Route 220, Route 460 • Regional Networks • Travel within urbanized areas • Urban Development Area • Designated for growth and development • Safety Need • Statewide safety need Scoring Factors • Congestion Mitigation • Economic Development • Accessibility • Safety • Environmental Quality • Land Use • Only areas >200,000 population 72 • Weighting of Factors • Roanoke • Congestion Mitigation 15% • Economic Development 20% • Accessibility 25% • Safety 20% • Environmental Quality 10% • Land Use 10% Schedule • Applications due September 30 • Screening - October through December • Release Evaluation of Projects - January • CTB Consideration - February - April • Draft SYIP- April • Public Involvement- April and May • CTB adopts SYIP- June 2016 Proposed Projects • Orange Avenue Widening • 11th Street, N. W. to Gus Nicks Boulevard • $60 Million project cost • Colonial Avenue Improvements • Overland to Winding Way • $7 Million project cost • Valley View Blvd Extension • 1-581 to potential access • $40 Million project cost • 1oth Street Improvements Phase 2 • Phase 2 • Andrews to Williamson • $11 Million construction • Phase 1 - $15 Million construction • Fairfax to Andrews- December Advertisement • Urban/Revenue Sharing Funds • 13th Street/Hollins Road • Dale Avenue to Orange Avenue • $37 Million construction  73 Other Transportation Projects Regional Projects • King Street • Turn lanes- Orange Avenue to Springtree Drive • Estimated cost- $2.7 Million, with $1.5 Million appropriated • Other funding sources will be identified for balance of funding required • Highway Safety Improvement Projects (HSP) • Colonial Avenue Improvements • $5 Million (requested)- Bicycle/Pedestrian Safety funds • Orange Avenue/Hollins Road Traffic Signal Reconstruction • $300,000.00- District Funds • Expansion of Flashing Yellow Arrow use • Controllers/cabinets/signal heads (left turns) • $270,000.00- District Funds Regional Projects • Submitted by Transportation Planning Organization • 1-81 Capacity Project A • Add auxiliary lane 1-81 northbound only Exit 141 and 143 $22 - $33 million • 1-81 Capacity Project (full) • Full widening of 81 from Exit 140 to 143 • $110-$130million • Interchange Lighting • 1-81 and 1-581 from Exit 137 to Exit 150 • Cost Estimate: None currently • Route 220 Signal Coordination • Route 419 interchange to Blue Ridge Parkway • $1 Million • Roanoke River Greenway • Green Hill Park to Riverside Park • $3 Million • 1-81 Capacity Project • Add auxiliary lane to NB and SB 81 between truck scales and Exit 150 • Cost Estimate: $33 - $50 Million • (See completed copy of presentation on file in the City Clerk's Office.) 74 Following comments by the Council, Mayor Bowers stated that the briefing would be received and filed. At 12:35 a.m. , the Mayor declared the meeting in recess until 2:00 p.m., for a Closed Meeting in the Council's Conference Room, Room 451, fourth floor, Noel C. Taylor Municipal Building . At 2:00 p.m., the Council meeting reconvened in the Council Chamber, with Mayor David A. Bowers presiding. PRESENT: Council Members Raphael E. Ferris, Sherman P. Lea, Anita J. Price, David B. Trinkle, William D. Bestpitch, and Mayor David A. Bowers-6. ABSENT: Council Member Court G. Rosen-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 Alex L. Richardson, Pastor, Unitarian Universalist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Mayor Bowers called for a Moment of Silence in memory of Alison Parker and Adam Ward, WDBJ 7 News anchors. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-PROCLAMATIONS: Mayor Bowers declared the week of September 17 - 23, 2015 as Constitution Week. (See ceremonial copy of proclamation on file in the City Clerk's Office.) He presented a ceremonial copy of the proclamation to Betty Lesko, Regent, Nancy Christian Fleming Chapter, Daughters of the American Revolution.  75 ACTS OF ACKNOWLEDGEMENT-HISTORIC PRESERVATION: Mayor Bowers recognized the Gainsboro History Walk Interpretive Panels on receiving the 2015 Grassroots Planning Award from the American Planning Association of Virginia. (See copy of communication from Congressman Bob Goodlatte on file in the City Clerk's Office.) Mayor Bowers presented the Grassroots Planning Award to Evelyn A. Sloane, Director of Community Planning, Hill Studio. Ms. Sloan acknowledged the assistance of the City of Roanoke, Gainsboro Southwest Community Organization and Hills Studio for its work on the Wells Avenue Plaza panel and helping to tell the story of the African American men and women who contributed so much to the neighborhood's place in Roanoke's history, adding that Roanoke had undertaken significant work in a public/private partnership to help preserve the history of the Gainsboro neighborhood. 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. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council to reiterate that his constitutional rights were violated when he was wrongfully terminated from the City's employment. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion were desired, the item would be removed from the Consent Agenda and considered separately. He called attention to two requests from the City for public hearings. CITY PROPERTY-PARKS: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 21, 2015, at 7:00 p.m., or as soon thereafter as the matter may be reached, or such other date and time as deemed appropriate by the City Manager to consider the sale 0f approximately 3.65 acres of City-owned property to Property Catalyst Group, Inc., located at 502 191h Street, S. E., designated as Official Tax Map No. 4310101, being a portion of the 72- acre Fallon Park at its far southeastern corner fronting along Dale Avenue, S. E. , was before the body. (See communication on file in the City Clerk's Office.) 76 Vice-Mayor Trinkle moved that 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 Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) LEASES-CITY-OWNED PROPERTY-VIRGINIA WESTERN COMMUNITY COLLEGE: A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 21, 2015, at 7:00 p.m., or at such time as the matter can be reached, or at such subsequent date and time as the City Manager may determine to consider entering into a Management Services Agreement and Lease with the Virginia Western Community College Educational Foundation, Inc. for the lease conveyance of City-owned property located at 709 South Jefferson Street, S. W., was before the body. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that Council concur in the request of the City Manager as above described. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) ECONOMIC DEVELOPMENT AUTHORITY-ANNUAL REPORTS: An Annual Report of the Economic Development Authority of the City of Roanoke for the fiscal year ending June 30, 2015, was before the Council. (For full text, see report on file in the City Clerk's Office.)  77 Vice-Mayor Trinkle moved that the report be received and file. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) BUILDINGS-TRANSPORTATION-GLOBAL CLIMATE CHANGES: A communication from Michael R. Bloomberg, former Mayor of New York, advising of the Compact of Mayors, a global platform where cities can publicly register current or new climate commitments using one common standard, was before the Council. (See communication on file in the City Clerk's Office.) Vice-Mayor Trinkle moved that the report be received and file. The motion was seconded by Council Member Price and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) OATHS OF OFFICE-ROANOKE CIVIC CENTER COMMISSION-ROANOKE PUBLIC LIBRARY BOARD-VIRGINIA WESTERN COMMUNITY COLLEGE LOCAL ADVISORY BOARD-ROANOKE NEIGHBORHOOD ADVOCATES-ECONOMIC DEVELOPMENT AUTHORITY: Reports of qualification of the following individuals were before the Council: Lindwood "Woody" Deans as member the Roanoke Civic Center Commission for a three-year term of office ending September 30, 2018; Rachel H. Wheaton as a member of the Roanoke Public Library Board to fill the unexpired term of Shawna A. Battle ending June 30, 2017; Mark Lawrence as a City representative of the Virginia Western Community College Local Advisory Board for a four-year term of office ending June 30, 2019; 78 Charles J. Meidlinger as a member of the Roanoke Neighborhood Advocates for a three-year term of office ending June 30, 2018; and Braxton G. Naff as a Director of the Economic Development Authority for a four-year term of office commencing October 21 , 2015 and ending October 20,2019. AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) REGULAR AGENDA PUBLIC HEARINGS: HOUSING: Pursuant to the requirements of the United States Department of Housing and Urban Development (HUD), the City of Roanoke, Virginia is required to develop a Consolidated Annual Performance and Evaluation Report (CAPER) and submit the CAPER to HUD. As part of these requirements, the City must provide the public with a 30-day comment period and hold a hold a public hearing to receive comments from all interested parties; and pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Tuesday, September 8, 2015, at 2:00 p.m., or as soon thereafter as the matter may be heard, to receive public comments on the City's Draft Consolidated Annual Performance and Evaluation report (CAPER) for its Federal Housing and Urban Development (HUD) Funded Programs, the matter was before the body Legal advertisement of the public hearing was published in the legal section of The Roanoke Times on Monday, August 7, 2015. (See publisher's affidavit on file in the City Clerk's Office.)  79 The City Manager submitted a written report recommending that public comment be received on the City's Draft Consolidated Annual Performance and Evaluation Report (CAPER) to HUD, and direct any comments received to the City Manager for consideration and inclusion in the CAPER to be presented to City Council for final approval on Monday, September 21 , 2015. (For full text, see copy of report on file in the City Clerk's Office.) Mayor Bowers inquired if there were persons present wishing to be heard on the matter. There being none, he declared the public hearing closed . The matter requiring no official action by the Council, the Mayor stated that the report would be received and filed . REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: BRIEFINGS: Feed and Read Program: Sheila Umberger, Director of Libraries, shared the following information on the Roanoke Public Libraries and YMCA of the Roanoke Valley Feed and Read Program: FEED AND READ o YMCA OF ROANOKE VALLEY o YMCA EXPRESS AT GAINSBORO o ROANOKE PUBLIC LIBRARIES o STAR CI TY READS 80 ENRICHMENT Dorothy McAuliffe Mayor David Bowers Courtney Garrett, 2014 Miss VIrginia Sam Rasoul Anila Pnce International Flair Goodwill Good Guides Self Defense Marty Anne Robertson, Dental Hygienist Virginia Tech EM tension the, . i" . .... _ fi)t"'IAI.~lo\116 I·JIIJI':"''ilft ' !h II1IIIIII ToUilllnchnSerwd ~t Aoanob City ll1urlet lA 21015 s.4,124 YMCA OUTREACH SITES FIVE ROANOKE CITY PUBUC UBRARIES GAINSBORO BRANCH JACKSON PARK BRANCH MAIN BRANCH MELROSE BRANCH WILLIAMSON ROAD BRANCH PUBLIC POOL • WASHINGTON PARK POOL ADDITIONAL SITES • KID'S CAFE  81 .........., _ 1111"'14•.- lili'IC('.l&··~Jn PARTNERSHIPS ROANOKE VALLEY LIBRARIES SUMMER FOOD SERVICE PROGRAM (SFSP) ROANOKE CITY PUBLIC SCHOOL (See copy of presentation on file in the City Clerk's Office.) Ms. Umberger noted that the total lunches served at Roanoke City libraries in 2015 =4,124. She also pointed out that the First Lady of Virginia Dorothy McAuliffe and representatives from No Kid Hungry joined children at the Roanoke Main Library on July 8, 2015 to celebrate the local Feed and Read Program and the Library of Virginia's statewide support for the Summer Food Service Program. Inclusion, Ms. Umberger explained that since June 15, the Roanoke Valley YMCA has worked with Roanoke City Schools to deliver bag lunches to five Roanoke libraries for children ages 18 and younger, noting that 30,000 meals were served. Mayor Bowers acknowledged Ms. Umberger for the presentation and advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: FIRE-EMS-GRANTS: The City Manager submitted a written communication recommending acceptance of the Local Emergency Management Performance Grant {LEMPG) from the Virginia Department of Emergency Management (VDEM) to support Fire-EMS emergency management. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40330-090815) A RESOLUTION approving the acceptance of a Local Emergency Management Performance Grant (LEMPG) to the City from the Virginia Department of Emergency Management (VDEM) and authorizing the execution of any required documentation on behalf of the City. (For full text of resolution, see Resolution Book No. 77, page 659.) 82 Council Member Ferris moved the adoption of Resolution No. 40330-090815. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES : Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) VIRGINIA DEPARTMENT OF TRANSPORTATION-BUDGET: The City Manager submitted a written communication recommending acceptance of the Virginia Department of Transportation's Award of Primary Extension funds; and execution of the Project Administration Agreement. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following resolution: (#40331-090815) A RESOLUTION authorizing the acceptance of the FY 2016 Virginia Department of Transportation (VDOT) Primary Extension funding for the paving of Orange Avenue, N. W. (Route 460) from Gainsboro Road, N. W. to Williamson Road, N. W., Roanoke, Virginia; authorizing the City Manager to execute a Standard Project Administration Agreement and Appendix A documents with VDOT; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned funds. (For full text of resolution, see Resolution Book No. 77, page 660.) Vice-Mayor Trinkle moved the adoption of Resolution No. 40331-090815. The motion was seconded by Council Member Bestpitch and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.)  83 Vice-Mayor Trinkle offered the following budget ordinance: (#40332-090815) AN ORDINANCE to appropriate funding from Virginia Department of Transportation Primary Extension Funding for the Capital Street Paving FY16 project, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 661.) Vice-Mayor Trinkle moved the adoption of Budget Ordinance No. 40332-090815. The motion was seconded by Council Member Bestpitch and adopted by the following vote: A YES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) VIRIGNIA DEPARTMENT OF TRANSPORTATION-BUDGET: The City Manager submitted a written communication recommending appropriation of additional street maintenance funds from the Virginia Department of Transportation (VDOT) to address sidewalk maintenance needs in various locations around the City. (For full text, see communication on file in the City Clerk's Office.) Council Member Trinkle offered the following budget ordinance: (#40333-090815) AN ORDINANCE to appropriate funding from Virginia Department of Transportation for street maintenance projects, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 661.) 84 Council Member Trinkle moved the adoption of Budget Ordinance No. 40333- 090815. The motion was seconded by Council Member Ferris and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) MARKET GARAGE-BUDGET: The City Manager submitted a written communication recommending acceptance of funds from South Commonwealth Partners, LLC, for a sealed trash compactor adjacent to the Market Garage. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following resolution: (#40334-090815) A RESOLUTION authorizing the acceptance of funds from South Commonwealth Partners, LLC, for the construction of a sealed trash compactor enclosure to be located behind the former Fire Station #1, 13 Church Avenue, S. E., Roanoke, Virginia; and authorizing the City Manager to provide any information, execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned funds. (For full text of resolution, see Resolution Book No. 77, page 662.) Council Member Ferris moved the adoption of Resolution No. 40334-090815. The motion was seconded by Vice- Mayor Trinkle. In response to question raised by the Mayor, the City Manager acknowledged that this Seal Trash Compactor would be located in Zone IV. Having received no additional comments by the Council or City Manager, Resolution No. 40334-090815 was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle , Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.)  85 Council Member Ferris offered the following budget ordinance: (#40335-090815) AN ORDINANCE to appropriate funding from South Commonwealth Partners LLC and transfer from the Capital Improvement Reserve and 9th Street Over Roanoke River Bridge Renovation project to the Sealed Trash Compactor - Zone IV project, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 663.) Council Member Ferris moved the adoption of Budget Ordinance No. 40335- 090815. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) CITY CODE-SINGLE-STREAM RECYCLING PROGRAM: The City Manager submitted a written communication recommending amendment of the City Code to support implementation of the Single-Stream Recycling Program. (For full text, see communication on file in the City Clerk's Office.) Vice-Mayor Trinkle offered the following ordinance: (#40336-090815) AN ORDINANCE amending and reordaining Section 14.1-1, Definitions; Section 14.1-15, General container requirements; Section 14.1-17, Placement of brush, bulk brush, lawn rakings and bagged leaves for collection by the city; Section 14.1-21, Certain solid waste not to be collected-Generally; Section 14.1- 23, Placement and collection of bulk items, brush and bagged leaves, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of single stream recycling and addressing other solid waste issues; 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 664.) Vice-Mayor Trinkle moved the adoption of Ordinance No. 40336-090815. The motion was seconded by Council Member Price. 86 The City Manager reiterated the process for single-stream recycling that was to be implemented the first week of October. In response to questions by Council Member Bestpitch about notification to residents regarding the single-stream process, primarily those that receive solid waste pick up service in the alleys, Mr. Stovall pointed out the team will evaluate each alley to determine if there is sufficient room to safely accommodate vehicle or collection truck passage when the carts are placed for collection; and if not, those residents will continue to use the existing green recycling bins. However, residents with alley recycling collection will be able to commingle their recyclables in their existing green bins. In closing, he mentioned that staff would be going door-to-door in areas with alley collection to distribute single-stream recycling information with their collection week schedule, and as a follow up, a letter would be mailed to alley customers with this information and a number to call if they should have any questions. It was reiterated that recycling for A week begins the week of October 5 on the regular trash collection day for each area of the City; and recycling for B week begins the week of October 12. There being no additional comments or follow-up regarding the matter, Ordinance No. 40336-090815 was adopted by the following vote: A YES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) STORMWATER DRAINAGE IMPROVEMENT PROJECTS-EASEMENTS: The City Manager submitted a written communication recommending acquisition of real property rights for Cove Road/Dansbury Drive Stormwater Drainage Improvements Project. (For full text, see communication on file in the City Clerk's Office.) Council Member Price offered the following ordinance: (#40337-090815) AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Cove Road/Dansbury Drive Stormwater Drainage Improvements 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 668.)  87 Council Member Price moved the adoption of Ordinance No. 40337-090815. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: A YES : Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) ROANOKE GAS COMPANY-CITY-OWNED PROPERTY-EASEMENTS: The City Manager submitted a written communication recommending authorization to convey to the Roanoke Gas Company a gas line easement across City-owned property known as Official Tax Map No. 4015003, in order to supply service to the new Hampton Inn and Suites located at 25 Church Avenue, S. E. (For full text, see communication on file in the City Clerk's Office.) Council Member Ferris offered the following ordinance: (#40338-090815) AN ORDINANCE authorizing the conveyance of a forty (40) year non-exclusive gas line easement, with an approximate width of ten (1 0) feet, across City-owned property located at 25 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4015003, to Roanoke Gas Company, upon certain terms and conditions; and dispensing with the second reading by title of this Ordinance. (For full text of ordinance, see Ordinance Book No. 77, page 669.) Council Member Ferris moved the adoption of Ordinance No. 40338-090815. The motion was seconded by Vice-Mayor Trinkle. In response to question by Council Member Lea as to anticipated opening date for the Hotel being January 2016, Mr. Morrill replied that the opening date will be at the end of January 2016 and patrons may begin reserving rooms in February 2016. There being no additional comments or questions by the Council, Ordinance No. 40338-090815 was adopted by the following vote: AYES: Council Members Ferris, Lea , Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) 88 COMMENTS OF CITY MANAGER: The City Manager shared the following comments: • Update on current and proposed renovations at the Raleigh Court, Williamson Road and Melrose Libraries. • City's New Website to go live on September 22, with overview scheduled before the Council on Thursday, October 8 during the 9:00 a.m. Informal Session. • Dwight Yoakam performance at Elmwood Park at 7:30p.m. , on Wednesday, September 9, 2015. Presented by Life Ring Foundation. Tickets may be purchased at the Jefferson Center Box Office • Council Member Price announced that the Annual Henry Street Heritage and Cultural Festival will be held on Saturday, September 19 in Elmwood Park, with diverse entertainment. She pointed out that the "Roanoke Got Talent" by request has been reinstated . Tickets - $20.00 in advance/$25.00 at the gate. Festival at 12:00 Noon and Concert at 6:00 p.m. • Council Member Ferris encouraged public attendance at the Greek Festival on Friday, September 18 - Sunday, September 20 at Holy Trinity Greek Orthodox Church, 30 Huntington Blvd, N. E. • Council Member Bestpitch called attention to the "The Wall that Heals" Vietnam Traveling Memorial Wall , scheduled to be displayed on Wednesday, September 16 - Sunday, September 20, at the Veterans Affairs Medical Center, 1970 Roanoke Boulevard, Salem, Virginia. He encouraged the public to support the event. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE.  89 INTRODUTION AND CONSIDERATION OF ORDINANCE AND RESOLUTIONS: ECONOMIC DEVELOPMENT AUTHORITY: Council Member Ferris offered the following resolution reappointing Linda D. Frith as a Director of the Economic Development Authority: (#40339-090815) 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 670.) Council Member Ferris moved the adoption of Resolution No. 40339-090815. The motion was seconded by Vice- Mayor Trinkle and was adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. COUNCIL: With respect to the Closed Meeting just concluded Council Member Price moved that each Member of City Council certify to the best of his or her knowledge that (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Vice-Mayor Trinkle and adopted by the following vote: AYES: Council Members Ferris, Lea, Price, Trinkle, Bestpitch and Mayor Bowers-6. NAYS: None-0. (Council Member Rosen was absent.) 90 There being no further business, the Mayor declared the Council meeting adjourned at 3:10p.m. APPROVED ATTEST: ~Mr:::c~r City Clerk David A. Bowers Mayor